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PC Min 03/10/19927:30 P.M. Planning Commission City of Campbell, California CITY HALL COUNCIL CHAMBERS TUESDAY MINUTES March 10, 1992 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 Vice Chairperson I. (Bud) Alne Commissioner Commissioner Commissioner Commissioner Commissioner Robert Dougherty Jay Perrine Alana Higgins Jane Meyer-Kennedy Mark Wilkinson Commissioners Absent: None Staff Present: Director of Planning, Steve Piasecki Associate Planner, Tim J. Haley 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 Higgins, the February 25, 1992, minutes of the Planning Commission, were approved as submitted. (6-0-0-1), Chairperson Fox abstaining due to his absence at the February 25, 1992, meeting. COMMUNICATIONS Director of Planning, Steve Piasecki, noted three additional items of communications received by the Planning Department that were not included in the Commission Packets, as follows: Planning Commission Minutes 2 March 10, 1992 The Campbell Profile. Revised Conditions of Approval for Item No. 2. Letter from the Building Industry (informational). AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REOUESTS There were no oral requests. PUBLIC HEARINGS 1. UP 92-03 Public Hearing to consider the application of F. Antonik, Antonik, F. for approval of a Conditional Use Permit to operate an outdoor flower stand in front of an existing business, "Krakoos Meat Products," on property located at 1783 South Winchester Boulevard, in a C-2-S (General Commercial) Zoning District. Chairperson Fox read the application into the record. Mr. Tim J. Haley, Associate Planner, presented the staff report noting the following: · The applicant's request. · Area, location and site description. · Consistency with zoning and land use designation. · The staff recommends approval. Commissioner Wilkinson suggested that this application would be a good example of an application that could be approved by the Site and Architectural Review Committee, rather than coming to the full Commission. He noted that at the February 26, 1992, Site and Architectural Review Committee meeting, the Committee recommended approval. Chairperson Fox opened the public hearing. Public Comment: Mr. James Zion, 6302 Pollrock Avenue, San Jose, Office Manager at 1783 South Winchester Boulevard, asked that the Commission consider the addition of a condition that would require the applicant to maintain the sidewalk access in the project area. MOTION: On motion of Commissioner Dougherty, seconded by Plannin$ Commission Minutes 3 March 10, 1992 Commissioner Meyer-Kennedy, It was unanimously ordered that the Public Hearing be closed. Commission Discussion: Commissioner Alne pointed out that this applicant is paying the same fee as Apple Computer in order to legally open a 15 square foot flower stand outdoors. He expressed concern that since "de minimus non curat lex," defined as "the law does not deal with trifles," this application should not have required a public hearing before the Planning Commission. He suggested investigating options that would expedite these types of applications, and limit the fees for such. Further, Commissioner Alne asked staff if there was a process, whereby the fees could be waived and a refund provided to the applicant. Mr. Piasecki stated that the applicant could submit a letter requesting a refund for fees to the City Clerk's Office. MOTION: On motion of Commissioner Wilkinson, seconded by Commissioner Perrine, it was unanimously ordered Resolution No. 2786 be adopted, approving LIP 92-03, incorporating the findings, and subject to Conditions of Approval, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Perrine, Dougherty, Meyer-Kennedy, Hlggins, Wilkinson, Alne, Fox None None. R 92-01 ($ 91-02) (UP 91-02) Coast Oil Company Public Hearing to consider the application of Coast Oil Company for a reinstatement to a previously approved Site and Architectural Approval allowing the remodel of a service station to a mini-mart and a Use Permit (91-02) allowing off-sale beer and wine sales on property located at 370 East Hamilton Avenue, in a C-1-S (Neighborhood Commercial) Zoning District. Chairperson Fox read the application into the record. Director Steve Piasecki presented the staff report noting the following: · Applicant's request for reinstatement, since the application expired on February 26, 1992. · Consistency with zoning and land use designation. Planning Commission Minutes 4 March 10, 1992 Staff suggesting modifications to the signing previously approved. The staff recommends approval. There was no public comment. Commission Discussion: Commissioner Perrine asked about the previously approved fencing plan. Mr. Piasecki noted that Condition No. 4 stipulates a slight reduction of the fence along the front and to the sideyard setback. Commissioner Alne reported that the Site and Architectural Review Committee recommended approval at its meeting of February 26, 1992. He noted that there were no changes to the application at that time. Chairperson Fox opened the public hearing. The applicant, Mr. Tom Robinson, 1641 Azalea Way, Los Gatos, discussed the economic reasons for the delay, and his understanding that any modification to the original application would require approval by the Commission. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Meyer-Kennedy, it was unanimously ordered that the Public Hearing be closed. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Dougherty, it was unanimously ordered that Resolution No. 2787 be adopted, approving the reinstatement, incorporating the findings, subject to the revised Conditions of Approval, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Perrine, Dougherty, Meyer-Kennedy, Higgins, Wilkinson, Alne, Fox None None. Plannin$ Commission Minutes 5 March 10, 1992 MISCELLANEOUS 3. SA 92-02 Consider the application of Mr. Andy Soares, on behalf of Soares, A. Nob Hill Foods, for approval of a wall sign, on property located at 1604 West Campbell Avenue, in a C-1-S (Neighborhood Commercial) Zoning District. Chairperson Fox read the application into the record. Associate Planner, Tim Haley presented the staff report, noting the following: · Applicant's request for a fourth sign indicating "Chinese to Go." · The request is in addition to the approved sign program which was previously before the Commission. · The staff recommends approval. Commissioner Alne presented the Site and Architectural Review Committee meeting discussion of February 26, 1992, noting that the Committee recommends approval. Commission Discussion: Commissioner Dougherty expressed concern that Nob Hill Food store may continue to request additional signage, and Commissioner Wilkinson informed the Commission that a letter from the applicant was received stating that Nob Hill Foods will not be requesting any additional signage. MOTION: On motion of Commissioner Wilkinson. seconded by Commissioner Higgins, it was unanimously ordered that SA 92-02 be approved, subject to Conditions of Approval. REPORT OF THE PLANNING DIRECTOR The written and oral reports of the Planning Director were accepted. ADJOURNMENT The meeting adjourned at 8:00 p.m., to the next regularly scheduled Planning Commission meeting of March 24, 1992, at 7:30 p.m., in the City Council Chambers, 70 North First Street, Campbell, California. General Plan Amendments will be considered at this meeting. Respectfully Submitted by: Karon Shaban, Reporting Secretary APPROVED: ATTEST: Steve Piasecki DAVID FOX, CHAIRPERSON SECRETARY