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PC Min 01/28/1992PLANNING COMMISSION City of Campbell, California 7:30 P.M. City Council Chambers TUESDAY January 28, 1992 Minutes The Planning Commission of the City of Campbell convened this day in regular session, at 7:30 p.m., in the City Hall Council Chambers, 70 North First Street, Campbell, California, and the following proceedings were had to wit: ROLL CALL Commissioners Present: Chairperson David Fox Commissioner Comm~smoner Comm~smoner Commismoner Commissioner Comm~ssloner Robert Dougherty Jay Perrine I. (Bud) Alne Alana Higgins (arrived late) Mark Wilkinson Jane P. Meyer-Kennedy Commissioners Absent: None Staff Present: Director of Planning, Steve Piasecki City Attorney, Bill Seligmann City Engineer, Joan Bollier Reporting Secretary, Karon Shaban APPROVAL OF THE MINUTES On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Dougherty, the minutes of the Planning Commission meeting of January 14, 1992, were unanimously approved, with the following amendments: "Page four, paragraph four, delete comments relating to the number of restaurants in downtown Campbell." "Page six, paragraph four, delete comments relating to the number of restaurants in downtown Campbell." (6-0-1) Commissioner Higgins being absent for the vote. Plannin$ Commission Minutes 2 January 28, 1992 COMMUNICATIONS: Mr. Steve Piasecki, Director of Planning, distributed copies of a booklet from the Advisory Commission on Regulatory Barriers to Affordable Housing, entitled "Not in My Back Yard, Removing Barriers to Affordable Housing." ORAL REQUESTS: There were no oral requests. AGENDA MODIFICATIONS OR POSTPONEMENTS Item No. 3 was moved forward. 3. UP 91-23 Mooney, M. Public Hearing to consider the application of Mr. Mark Mooney, on behalf of Motors West, for a Conditional Use Permit to allow a retail/service center for watercrafts at 2092 Winchester Boulevard, in a C-2-S (General Commercial) Zoning District. (Applicant requests removal from calendar.) Chairperson Fox read the application into the record. On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Dougherty, UP 91-23 was unanimously removed from the Commission calendar. (6-0-1) Commissioner Higgins being absent for the vote. CONSENT CALENDAR 1. City-initiated Reschedule the General Plan Hearing regularly scheduled on February 11, 1992, to March 24, 1992. Commission Consider canceling the Planning Commission meeting of February 11, 1992, due to lack of applications. On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Dougherty, the Consent Calendar was unanimously approved. (6-0-1) Commissioner Higgins being absent for the vote. Commissioner Higgins arrived at 7:38 p.m. ]pUBLIC HEARINGS 4. UP 91-24 Public Hearing to consider the application of Mr. Cote', A. Alan Cote' to allow an off-sale liquor license in an existing retail building, located at 75 San Tomas Aquino Road, in a C-1-S (Neighborhood Commercial) Zoning District. Planning Commission Minutes 3 January 28,1992 Chairperson Fox read the application into the record. Steve Piasecki, Director of Planning, presented the staff report and discussed the following: · The applicant's proposal. Location of the site. · Parking. · Landscaping. · Surrounding uses. · Current zoning. · Findings for approval could not be supported by staff relative to location, size and compatibility. · Major access to the site will encourage cut-through traffic on La Pradera Drive, bordering the residential neighborhood. · Landscaping is insufficient to screen the adjoining neighborhood residents from noise. · Parking and circulation. · Staff is not supportive of the application and is recommending denial. Commissioner Alne asked about La Pradera Drive and its street classification. Director Piasecki stated that the street is zoned for neighborhood use on one side and commercial on the other, that staff anticipates cut-through traffic on La Pradera Drive, and that the applicant was not required to provide a traffic analysis. Chairperson Fox declared the Public Hearing opened. Public Comment: Mr. Donald A. Tenenbaum, Attorney for the applicant, 831 South Winchester Boulevard, San Jose, CA 95128, pointed out the following in support for the project: · Findings for Approval contained in the staff report, dated January 28, 1992: Finding No. 1: The proposal conforms to the General Plan and Zoning designations outlined for this type of operation, and that surrounding corners are commercial uses. · Police Report: The Campbell Police Department have expressed no objections to the proposed establishment. In the thirty years of operation, no violations have been recorded. · The applicant has owned and operated the business for ten years and that the business has been in operation for thirty years in close proximity to the proposed location. · The applicant was forced to move due to economic conditions, and Planning Commission Minutes 4 Januar~ 28, 1992 has established a clientele in the area. The applicant intends to limit the hours of operation, below the allowable limit imposed by the State's Alcoholic Beverage Control Board (ABC). The ABC posted notification to local residents advising them of the applicant's intent and no objections were filed with the ABC. The ABC imposed four conditions on the proposed use, 1) that sales and deliveries be done only between the hours of 9:00 a.m., and 10:00 p.m. of each day of the week; 2) that coin operated amusement devices be prohibited at all times; 3) that alcohol consumption be prohibited on-site, and, that the applicant shall patrol the area to ensure this; and, 4) that the property controlled by the applicant be maintained, free from litter. There will be no increase to the number of liquor stores in the area, since the applicant is merely relocating from one corner to another. Recommended Additional Finding: Major access to the site is not up San Tomas Aquino Road, but from traffic coming eastbound from Campbell Avenue and turning left in front of the old Nob Hill Store location. No evidence exists to support the assumption that traffic would increase to such a level as to impact the three residents on La Pradera Drive. Staff has suggested that if the application is approved, a condition be added to close the driveway on La Pradera Drive accessing the site, which is not practical since the other tenants and the landlord will not support the request. Additionally, landscaping improvements would screen and buffer the proposed use from the residential neighbors. Cited ABC Rule 61.4, adding that the ABC did not feel that the application would interfere with the quiet enjoyment of the adjoining residential neighbors. Relative to page three of the staff report, part 1, Analysis, the use would not compromise the safety and peace of the neighborhood. Staff's comparison of this use with a convenience store is inappropriate. Conditions of Approval recommended by Staff: The applicant is agreeable to Condition No. 1; Condition No. 2, the applicant has already limited his hours of operation from 10:00 a.m. to 9:00 p.m.; Condition No. 3 is not a reasonable option since the landlord would be in violation of his lease agreement with other tenants by blocking off the driveway, and, relating to Condition No. 5, it needs to be eliminated. The existing business is family owned and operated, current Planning Commission Minutes 5 January 28, 1992 customers of Freddie's Liquor Store will have to travel several miles to another liquor store, if the application is not approved. Mr. Fred Schulze, 3000 Paseo Vista, San Martin, California, the property owner spoke in support of the application. He stated that several applications were received and reviewed and that Mr. Cot~'s application was the most compatible and desirable for the location. The previous tenant operated an auto parts store, and allowed customers to change oil and leave disabled cars in the parking lot. Mr. Mal Ryals, 6116 Montgomery Court, San Jose, joint business owner, spoke in support of the application, noting that: · Relocation of the liquor establishment is necessary due to loss of lease at the other location. The proposed site to be the most desirable due to location which will allow the owner to maintain his current customer base. · Discussion with the adjoining neighbors provided encouragement for his site selection. · The business is family owned and operated. Mr. A1 Cot~, 181 Pineridge Road, Santa Cruz, 95060, applicant, requested support for the application. He noted that his customers are supportive of the new location, that moving out of the area would cause him to lose his customer base. Further, he stated that he met with Mr. Frank Fettig, adjoining property owner most likely to be impacted by the establishment, and discussed concerns that Mr. Fettig might have. Mr. Fettig only suggested shortening the center divider to allow turns to be made directly. Further, Mr. Cot~ stated that Mr. Fettig expressed concern regarding the hours of operation and when he was informed of the proposed hours, he was satisfied. Mr. Cot~ concluded that Freddie's has never caused any problems in the community, and that the City should not discourage small business operations. Mr. James Connelly, 2256 Cervantes Way, Campbell, a retired police officer from the City of Campbell, spoke in support of the application: · The current location less safe relating to turning access than the proposed site. · Removal of the liquor store in Campbell would force patrons to go to San Jose to purchase liquor, if they decide not to stand in the long lines at Lucky's and Nob Hill. Planninl~ Commission Minutes 6 January 28, 1992 Fordng the applicant to leave the area would be a detriment to the City of Campbell. Mr. Ron Currier, 2240 Datoro, San Jose, CA 95130, spoke in support of the application. He is a current tenant of the proposed site and he discussed how his customers access the site, which was in conflict with the staff report. Commissioner Wilkinson asked what type of operation Mr. Currier has, in order to understand his traffic volume. Mr. Currier stated that he operates a lock smith shop. Commissioner Dougherty asked the speaker if any easements are guaranteed for access to the center from Campbell Avenue, and Mr. Currier knew of none. Mr. Gary Harris, 1341 Los Palos Court, San Jose, property owner of 1570 La Pradera Drive, Campbell, supported the application, however he expressed the following concerns: · Increased traffic on La Pradera Drive. · On-street parking on both sides of La Pradera Drive · Safety for children attempting access the swimming pool located on the west side of La Pradera Drive. · Children stopping at Freddie's on their way to school for snacks. · Possibility of the applicant extending the hours of operation after the use was approved. Mr. David Hibbert, 1591 La Pradera Drive, Campbell, spoke in opposition of the application and submitted a petition signed by 23 local residents that expressed opposition to the proposal due to increase in traffic on La Pradera Drive, noise generated by the cooling compressors, inappropriate use in dose proximity to children that walk to school. Further, Mr. Hibbert discussed the following concerns: · Opposition to the points made by Mr. Currier relating to the center's major access area. · Litter generated from customers who will walk several blocks down La Pradera before throwing their waste on his lawn. · Junior high school children purchasing cokes prior to getting to school, and that it will be easier for these children to find adults to purchase liquor for them. Commissioner Alne and Mr. Harris discussed liquor stores in close proximity to schools, and asked if Mr. Harris knew of similar problems existed at the Planning Commission Minutes 7 January 28, 1992 Nob Hill Store, and asked Mr. Harris to spedfy the anticipated amount of increased traffic on La Pradera Drive due to establishment of a liquor store at the proposed site. Mr. Harris cited an 80 percent increase to the current levels of traffic, based upon a customer flow of 20 customers an hour, and guessed that 50 percent would be leaving from the driveway accessing La Pradera Drive. Commissioner Alne estimated that that would be approximately a customer every 3 minutes. Commissioner Perrine pointed out that the applicant is already located in the neighborhood, and merely wishes to move kitty corner from his current location. Mr. Harris argued that although the existing liquor store is on an opposite corner of the street, it is within another neighborhood and self-contained. Commissioner Perrine noted that Mr. Harris had projected a long list of potential problems, and asked if Mr. Harris had observed any of these problems at the current location of Freddie's Liquor Store. Mr. Harris stated that he had not, however, he felt that children that stop at the Lucky's Store would prefer not to wait in line, therefore would go to Freddie's instead. Commissioner Perrine pointed out that the hours of operation would prevent children from going into Freddie's before school starts. Mr. Frank Fettig, 81 North San Tomas Aquino Road, objected to the proposal, due to the following: · Close proximity to his residence. · Potential noise from the compressors that will be installed. · Current traffic conditions are very bad. · Due to the extended median island, no one can make a left turn into the center. West bound traffic on San Tomas Aquino Road is forced to use the driveway located on La Pradera Drive. · Headlights from cars shining into the windows of his home. · He suggested that the City consider shortening the median to allow for turning movements. · Lottery ticket sales will increase traffic. · The Cabana Club operates in the neighborhood on Saturdays and Sundays and additional on-street parking is not available. Mr. Fettig asked for confirmation of the hours of operation. Planning Commission Minutes 8 January 28, 1992 Chairman Fox informed him of the applicant's proposal. And, further, explained that if Mr. Cotg decided to stay open longer, he would have to come before the Planning Commission again to a modify the approved use. Mr. Fettig asked that the driveway access remain open to residents on La Pradera Drive. Mr. Robert E. Woodhouse, 1581 La Pradera Drive, spoke of the quietness of the neighborhood since the auto parts store dosed, and since the Nob Hill Store relocated. He expressed the following concerns: The property (75 San Tomas Aquino Road) was not posted by the ABC Board. There is no address. · Potential noise from proposed air compressors. · Increased traffic will destroy the quiet enjoyment of his property. · Inappropriate trash removal schedule. Mary Fettig, 81 North San Tomas Aquino Road, discouraged the Commission from dosing off the driveway access located on La Pradera. Mr. James Williamson, 1681 La Pradera Drive, noted that he was a truck driver for 42 years and suggested problems associated with delivery trucks trying to access the site without using La Pradera Drive. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Higgins, it was unanimously ordered that the public hearing be dosed. Commission Discussion: Commissioner Dougherty supported the approval for the following reasons: · Help a viable businessman relocate. · Noise impacts can be resolved. Further, he expressed concern relating to potential loitering of junior high school students. Commissioner/kine supported approval for the following reasons: · Concurred with helping a viable Campbell businessman survive, especially when there has been no record showing police violations. · The applicant has done what the State requested that he do. · The Zoning and General Plan are consistent with his proposal. · Traffic problems on San Tomas Aquino Road were not created by the applicant and that concerns expressed relating to the auto store's use of the property were not created by this applicant. Plannin$ Commission Minutes 9 January 28, 1992 On-street parking problems cited by the public are based upon problems that already exist, and that weekend traffic is caused by the visitors of the Cabana Club. Traffic increases mentioned are speculative and there is no data to support increases cited. Conditions of Approval will provide landscaping for buffering, however, he is reluctant to approve a condition that would place an unfair or unreasonable burden on the applicant. Commissioner Meyer-Kennedy will support approval and concurred with Commissioner Alne's reasons for support of the project. She noted concerns with existing landscaping. Commissioner Higgins concurred with Commissioner Alne as well, and pointed out that children that loiter at liquor stores and nearby grocery stores will continue to loiter. She specified that her support for the application is based upon the fact that it is a family owned business. Commissioner Perrine expressed a desire to approve the project, but suggested that either the landscape plans should return to the Site and Architectural Review Committee, or the application should be continued. Director Piasecki noted that the recommended Conditions of Approval require landscape plans come back to the Planning Director for approval already, however, the conditions do not stipulate whether the landscaping needs to go along the San Tomas Aquino Road and La Pradera Drive frontages. Chairperson Fox expressed the desire of the Commission to require the landscape plans to return to the Site and Architectural Review Committee for approval, and suggested that language of the conditions be strengthened to show whether it is the intent of the Commission to require the applicant to landscape the entire perimeter of the center, or only a portion. Commissioner Perrine asked that the condition providing buffering to sound for the air compressor be added and reviewed by the Site and Architectural Review Committee. Chairperson Fox directed staff to add a condition relating to adding a sound proof enclosure for noise attenuation, and that the plans be approved by the Site and Architectural Review Committee. Commissioner Meyer-Kennedy asked for clarification relating to the amount Planning Commission Minutes 10 January 28, 1992 of landscaping the applicant should be required to provide. Director Piasecki stated that staff recommends landscaping of the frontages on San Tomas Aquino Road and La Pradera Drive along the project site. Commissioner Meyer-Kennedy asked if that meant the landscaping would continue down San Tomas Aquino Road to the BP Gas Station, and Chairperson Fox said that the applicant would only be responsible for approximately a quarter of the site. Commissioner Alne asked if the burden would lie on the applicant alone to make landscaping improvements when five other tenants occupy the center. He stated his reluctance to add unfair conditions to the application when he only occupies 20 to 30 percent of the area and that the applicant should not be held responsible for more than that 20 to 30 percent of the landscaping. He asked if the Commission could protect the applicant. And, in response, Mr. Piasecki stated that the City does not get involved in negotiations between business owners and property owners. Commissioner Wilkinson opposed the application due to the possible impacts to the residential area, concerns stated by citizens relating to junior high school children frequenting the store, and potential noise from traffic and delivery trucks on La Pradera Drive. Chairperson Fox asked about exploration of a right turn only option coming out of the store area onto La Pradera Drive, and possibility of shortening the median on San Tomas Aquino Road to allow left turn only onto the site. Joan Bollier, City Engineer, stated that the right turn only out of the center could be reviewed by the Public Works Department. But, she expressed concern that shortening the median strip would have to be investigated since the distance of the median is determined by the anticipated number of cars that will be waiting to make a left turn at off of San Tomas Aquino Road onto Campbell Avenue. Chairperson Fox expressed concern that intense landscaping would impact parking at the center, and suggested the use of an Interbay Tree System. Further, he suggested that part of public objections to this application is based upon the proposed use. Director Piasecki asked that staff have time to review the traffic circulation and prepare traffic counts by physically sitting at other liquor stores in the area at peak hour, and review angle parking. He suggested this information be Planning Commission Minutes 11 January 28, 1992 returned to the full Commission for consideration in a month. Commissioner Alne echoed his concern of adding conditions that would place an unfair burden on the applicant. With regard to the parking, air compressors and traffic counts, he suggested that all these items be approved by the Site and Architectural Review Committee. Commissioner Wilkinson asked that the right turn only option not restrict residents leaving La Pradera Drive. Ms. Bollier said that there is no data available to review the anticipated traffic increase, and that a traffic report was not required for this application. Chairperson Fox asked if it was reasonable to assume that there would be less traffic for a liquor store than for a convenience store. He stated that the proposed use is not an intense attraction for children. Joan Bollier, City Engineer, stated that it would be reasonable to assume that there would be less traffic at a liquor store than a convenience store. Director Piasecki volunteered planning staff to sit and physically count the traffic at liquor stores during peak hour in various locations in order to provide the information to the full Commission. Commissioner Alne stated that if solutions are not found at the Site and Architectural Review Committee, that he would return unresolved issues to the full Commission. Director Piasecki reviewed three options available to the Planning Commission: 1) approve the project with revised conditions and ask the applicant to construct a diversion system for right turn only out of the center onto La Pradera Drive, and a left turn only into the center from San Tomas Aquino Road; or, 2) continue the public hearing for one month to allow staff to review the landscape plan, ingress and egress options, and to provide traffic counts of other liquor stores. Chairperson Fox and Director Piasecki discussed amendments to the recommended Conditions of Approval, as follows: · Sound attenuation for noise generated by the compressor, for approval by the Site and Architectural Review Committee. · Exploration of the right turn only out of the center, and left turn only entering the center to be approved by the Site and Architectural Review Committee. Planning Commission Minutes 12 January 28,1992 Prohibit coin operated amusement devices. Hours of operation be changed from 10:00 a.m., to 9:00 p.m. Monday through Saturday, and 10:00 a.m. to 8:00 p.m. on Sundays. The landscaping plan and irrigation plan to return to the Site and Architectural Review Committee for approval. Delete the condition that would dose the driveway access to the proposed store. Commission Perrine stated that traffic counts are not necessary since the same establishment has been located in the same general area for the past 30 years. The Commission indicated agreement. Further, he noted that prohibiting coin operated amusement devices would discourage children from loitering. He asked that citizens speaking at this meeting be notified of the Site and Architectural Review Committee meeting. On motion of Commissioner Dougherty, seconded by Commissioner Alne, Resolution No. 2782 was adopted approving Application No. UP 91-24, incorporating the recommended findings for approval, subject to modified Conditions of Approval as stated by staff relating to hours of operation, landscaping, site plan, left and right turns, location of irrigation system, and Conditions of Approval as amended, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Higgins, Perrine, Dougherty, Meyer- Kennedy, Fox Wilkinson None Director Piasecki reviewed the amended Conditions, as follows: Use Permit: Add the prohibition of coin operated amusement devices within the establishment. ° Hours of Operation: Extend the hours of operation Monday through Saturday from 10:00 a.m., to 9:00 p.m., and on Sunday from 10:00 a.m., to 8:00 p.m. o Landscaping: Change to: "Landscape plan to be submitted for the frontages of the project, along San Tomas Aquino Road and La Pradera Drive indicating the type and size of plant material and location of irrigation system, to be approved by the Site and Architectural Review Committee and installed prior to occupancy. Planning Commission Minutes 13 January 28, 1992 4. Remain the same. Sound Attenuation: Change to: "Applicant shall demonstrate the sound proofing of the external compressors to the satisfaction of the Site and Architectural Review Committee. Mr. Piasecki asked if the Commission had intended to require a reciprocal easement. Chairperson Fox responded affirmative and Mr. Piasecki continued: o Easements: The applicant shall demonstrate existence of reciprocal ingress/egress easements and/or agree to provide such easements at such time that neighboring property owners are obligated to participate in a similar agreement upon determination by the City of Campbell. o Right Turn In: Applicant shall be responsible for installing sufficient devices to ensure that vehicles cannot turn left out of La Pradera Driveway. This will be signage or an island, that which is approved by the Site and Architectural Review Committee. City Attorney explained the appeal process. Commissioner Perrine asked when the next Site and Architectural Review Committee meeting will be held, and Director Piasecki stated that the meeting will be scheduled after the applicant submits revised plans. REPORT OF THE PLANNING DIRECTOR The report of the Planning Director was accepted. ADJOURNMENT Adjourned at 9:35 p.m., to the next regularly scheduled Planning Commission meeting of February 25, 1992, at 7:30 p.m., in the City Council Chambers, 70 North First Street, Campbell, California. Respectfully Submitted by: Karon Shaban Reporting Secretary APPROVED: David Fox Chairperson ATTEST: Steve T. Piasecki Secretary