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PC Min 12/14/1993CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY DECEMBER 14, 1993 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of December 14, 1993, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairperson Alne, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chairperson: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: I. Alne Jay Perrine Lee Akridge Susan A. Kearns Mel Lindstrom Dennis Lowe Jane Meyer-Kennedy Commissioners Absent: None Staff Present: Community Development Director: Steve Piasecki Associate Planner: City Attorney: Reporting Secretary: Land Development Engineer: Tim Haley William Seligmann Corinne A. Shinn Mike Fuller APPROVAL OF MINUTES Motion: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Perrine, the Planning Commission minutes of November 9 1993, were approved (4-0-3; Commissioner Akridge was absent from the November 9th meeting and Commissioners Kearns and Lowe were not yet members of the Commission and therefore the three abstained). Planning Commission Minutes of December 14, 1993 Page 2 SPECIAL PRESENTATION Chairman Alne introduced and welcomed the two newest Commissioners, Susan Kearns and Dennis Lowe. ELECTION OF 1994 PLANNING COMMISSION CHAIR AND VICE CHAIR Motion: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lindstrom, Commissioner Perrine was nominated to serve as Planning Commission Chair for 1994 (6- 0-1; Commissioner Perrine abstained from the vote). Motion: On motion of Commissioner Perrine, seconded by Commissioner Akridge, Commissioner Meyer-Kennedy was nominated to serve as Planning Commission Vice Chair for 1994 (6-0-1; Commissioner Meyer-Kennedy abstained from the vote). COMMUNICATIONS There were no communications. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS Chairperson Alne read Item No. 1 into the record. 1. UP 93-14 Public Hearing to consider the application of Ms. Patricia Wehner, on behalf of PNS Stores, Inc., for approval of a Conditional Use Permit to allow an off sale beer and wine license in conjunction with an existing retail operation on property located at 1581 W. Campbell Avenue in a C-1- S (Neighborhood Commercial) Zoning District. Mr. Tim Haley, Associate Planner, presented the staff report noting the following: · Applicant is seeking a Conditional Use Permit to allow an off sale beer and wine license in the existing MacFrugals variety store on W. Campbell Avenue. · MacFrugals occupies 24,000 square feet or 56% of the shopping center. Planning Commission Minutes of December 14, 1993 Page 3 The applicant believes that beer and wine sales will represent a small percentage of its overall sales (1%). Hours of operation are from 9 a.m. to 9 p.m. (Monday thru Friday) and 10 a.m. to 7 p.m. (Sunday). Staff finds the use compatible with the surrounding uses and recommends approval. Public Hearing re Item No. 1 Mr. Hal Bruer, Consultant for PNS Stores, Inc. · Made himself available to answer any questions. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Perrine, the Planning Commission unanimously moved to dose the Public Hearing. (7-0-0) MOTION: On motion of Commissioner Akridge, seconded by Commissioner Lindstrom, the Planning Commission adopts Resolution No. 2888 approving a Conditional Use Permit to allow a off sale beer and wine license in an existing retail establishment subject to the Conditions of Approval, by the following roll-caR vote: AYES: NOES: ABSENT: Akridge, Alne, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine None None Chairperson Alne read Item No. 2 into the record. 2. UP 93-15 Public Hearing to consider the application of Mr. Guido Zvigzne, on behalf of Mr. Randy Bowyer, for approval of a Conditional Use Permit to allow a secondary living unit in an existing building on property located at 1205 Lovell Avenue in an R-l-6 (Single family residential/low density less than 6 units per gross acre) Zoning District. Mr. Tim Haley, Associate Planner, presented the staff report noting the following: Applicant is seeking approval to convert an existing accessory building into a secondary living unit. Planning Commission Minutes of December 14, 1993 Page 4 Zoning allows a secondary living unit on property larger than 12,000 square feet. Subject property meets that requirement as well as setback requirements. Staff recommends approval subject to the Conditions of Approval. Commissioner Lindstrom presented the SARC position as follows: · The Site and Architectural Review Committee studied the proposal and required the removal of an existing tool shed as an additional condition of approval. With that additional condition, SARC supports the proposal. Public Hearing re Item No. 2 There were no parties interested in addressing this item. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lindstrom, the Planning Commission unanimously moved to close the Public Hearing. (7-0-0) MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lindstrom the Planning Commission adopts Resolution No. 2889 to allow a secondary living unit at 1205 Lovell Avenue, subject to the Conditions of Approval, by the following roll-call vote: AYES: NOES: ABSENT: Akridge, Alne, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine None None Chairperson Alne read Item No. 3 into the record. 3. S 93-07 Public Hearing to consider the application of Mark Tersini, on behalf of KT Properties, for approval of plans to construct 37 single family homes on a previously approved subdivision located at 710 W. Sunnyoaks in an R-l-6 (Single Family Residential/low density less than 6 units per gross acre) Zoning District. Mr. Tim Haley, Associate Planner, presented the staff report noting the following: Planning Commission Minutes of December 14, 1993 Page 5 Applicant is seeking a Site and Architectural approval to allow the construction of 37 two-story, single family homes. The subdivision map was approved by the Planning Commission this past summer. This development will consist of four unit types, varying in footage from 2,900 square feet to 3,300 square feet. Most will have a three-car garage with an option for a two-car garage. Applicant intends to model four units included two units containing a two-car garage. Building material consists of stucco with miscellaneous accents. There are four different roofing tile styles as well as an imitation shake roof material option. Project meets the maximum 40% lot coverage requirement and represents 5.1 units per gross acre which is consistent with the General Plan density and R-l-6 (Zoning) requirements. Staff added three conditions: 1. Revised elevations address Architectural Advisor comments 2. Provision of one additional small unit to the project along the western project line 3. A review of building materials/colors by staff Commissioner Lindstrom presented the SARC position as follows: · The Site and Architectural Review Committee studied the proposal and supports the proposal subject to the Conditions of Approval. Public Hearing re Item No. 3 Mr. Ken Tersini, KT Properties, 21710 Stevens Creek Boulevard, Cupertino. · Expressed appredation for support of surrounding neighbors. · Supportive of staff recommendations with the exception of the requirement to build an additional smaller unit on the westerly side. Mr. Bart Sears, 800 Sunnypark Court, Campbell. A resident who shares a common property line with the project, Mr. Sears expressed his support of the project. His only concern was the height and elevation of units 22 and 23 and how much view would be blocked in the open common area that adjoins the project. Ms. Susanne Waher, 1581 Esterlita. Expressed concern with the massing of the project and believes that it clearly resembles a project, with very little difference between each model. She would like to see a lot of variety with the exteriors and objects to the two-story entryway treatments. Planning Commission Minutes of December 14, 1993 Page Ms. Jean Angelo, 761 Sunnyoaks, Campbell. · Expressed her support and appreciation of the project and has sent a letter of support to the Tersini's. · Does not want to see the property developed into a shopping center, apartment, condo or park. Says that $400,000 homes are better than the Sharmon Palms, 7-11 store or apartments that already exist in the vicinity. · Stated that she did not feel the builders should be put through such difficulties in order to have this project approved. Mr. Dale Lansberry, 801 Sunny Arbor, Campbell. His home adjoins the project and he expressed support in the project and particularly the plan to plant trees to help mask the massing of the project. Mr. Tim Haley, Associate Planner, added: · SARC has approved a tree mitigation plan which will cover the planting of trees on this development which will enhance the physical appearance of the site and help mask the massing from adjoining neighborhoods. Chairman Alne added: · The applicant has clearly worked with the neighbors including the agreement to plant trees. · Expressed that the roofing materials should have the greatest diversity possible. Has some concerns about the massing of the project but believes that large homes are what people are looking to purchase. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lindstrom, the Planning Commission unanimously moved to dose the Public Hearing. (7-0-0) MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lindstrom, the Planning Commission adopts Resolution No. 2890 approving the plans for 37 two-story, single family homes in a previously approved subdivision at 710 W. Sunnyoaks Avenue, subject to the Conditions of Approval which will include the requirement that roofing materials be varied to avoid a tract appearance and without the requirement that an additional unit of the smaller model be added to the development, by the following roll-call vote: Planning Commission Minutes of December 14, 1993 Page 7 AYES: NOES: ABSENT: Akridge, Alne, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine None None Mr. Steve Piasecki, Community Development Director, added that this approval is final unless appealed within 10 days. MISCELLANEOUS Chairperson Alne read Item No. 4 into the record. Planning Commission Interpretation Hearing to consider the request of Mr. J. Christopher Gabor to allow a retail pet store in a C-1-S (Neighbor- hood Commercial) Zoning District as a permitted use. Mr. Tim Haley, Associate Planner, presented the staff report as follows: · Approval is recommended to allow a retail pet store within the C-1-S (Neighborhood Commercial) Zoning District with the following restrictions: 1. Limited to 2,500 square feet 2. No more than 25% of the establishment devoted to pet sales 3. No more than six of any animal. No larger than 10 pounds. 4. Restricted operational hours. · Other cities require a Conditional Use Permit with the exception of Los Gatos which allows pet stores as a retail use. · Staff believes that the use is similar to other retail uses. Commissioner Kearns inquired whether a specific location was being considered. Mr. Tim Haley replied that the applicant was interested in a space beside MacFrugals at 1581 W. Campbell Avenue. Commissioner Alne added that if a determination is made by the Planning Commission staff, in future staff would be authorized to approve applications for retail pet uses in C-1-S (Neighborhood Commercial) Zoning Districts. If the determination is not made, applicants would be required to submit a Conditional Use Permit application for consideration and review by the Planning Commission on a case-by-case basis. Planning Commission Minutes of December 14, 1993 Page 8 Commissioner Perrine inquired if other health laws would be imposed to 0ngur0 h0althful condition at guch r0tail pot 0gtablighrn~ntg. Mr. Tim Haley responded that owners of retail pet stores are required to comply with County, State and Federal standards which include a review by the Health Department. Chairman Alne asked what was intended with the requirement for 6 animals. Mr. Tim Haley responded that the condition will allow a maximum of six of each type of animal. Chairman Alne expressed his concern of potential abuses if retail pet stores are not reviewed by the Conditional Use Permit process. Commissioner Lindstrom inquired whether there were any other pet stores in Campbell. Community Development Director Steve Piasecki responded that Dolphin Pet Village is located within Campbell and is in fact interested in the results of this discussion as they are considering a move of their establishment. Commissioner Lowe inquired whether retail pet would allow for breeding of animals and therefore potentially turn into a "puppy mill." Mr. Tim Haley responded that the maximum allowable number of six animals would limit that possibility and that the use is intended for sales of animals and not for the breeding of animals. Commissioner Meyer-Kennedy inquired whether there were regulations for the breeding of animals in the City Code. City Attorney, Bill Seligmann, responded that there were limits included within the City Code which restricts the breeding of animals to strict types of locations and conditions. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Akridge, the Planning Commission moved to make the determination to allow retail pet sales within a C-1-S (Neighborhood Commercial) Zoning District with the restrictions outlined in the staff report, by the following roll call vote: Planning Commission Minutes of December 14, 1993 Page 9 AYES: NOES: ABSENT: Akridge, Kearns, Lowe, Meyer-Kennedy Alne, Lindstrom, Perrine None Chairperson Alne read Item No. 5 into the record. Planning Commission Interpretation Hearing to consider the request of Ms. Julie St. Gregory to allow a pet boarding facility in a C-2-S General Commercial) Zoning District as a permitted use. Mr. Tim Haley, Associate Planner, presented the staff report as follows: · Current zoning for C-2-S (General Commercial) Zoning District allows for animal hospitals and cat boarding facilities with a Conditional Use Permit but makes no provision or mention of dog boarding facilities. · Staff recommends that dog boarding facilities be added to the list of allowable uses with the issuance of a Conditional Use Permit. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Akridge, the Planning Commission unanimously moved to make the determination to allow dog boarding facilities within the C-2-S (General Commercial) Zoning District subject to application for a Conditional Use Permit. Chairperson Alne read Item No. 6 into the record. 6. Strategic Plan Update Mr. Steve Piasecki, Community Development Director advised the Planning Commissioners of an upcoming Strategic Planning Workshop in January (specific date to be announced). Commissioners are encouraged to participate in this process which will help create a "blueprint" for the City. Commissioner Meyer-Kennedy asked that the Commissioners be notified when a meeting date is set. Steve Piasecki promised to do so. o Cancellation of December 28, 1993, and January 11, 1994, Planning Commission meetings. Planning Commission Minutes of December 14, 1993 Page 10 Due to a lack of agenda items, it is recommended by staff that the next two regularly scheduled meetings be canceled. MOTION: On motion of Commissioner Perrine seconded by Commissioner Meyer-Kennedy, the Planning Commission unanimously moved cancel the meetings of December 28, 1993, and January 11,1994, due to a lack of agenda items. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted. ADJOURNMENT The Planning Commission meeting adjourned at 8:35 p.m., to the next Planning Commission meeting of January 25, 1994, at 7:30 p.m., in the Council Chambers, City Hall,/~orth~ ~'~ '-First Stree~m_pbell, California. Respectfully submitted: ~_ _~~~ f~- ~nne ~. Shin~ ~9~ding Secretary Stev~iasec~i, Secretary