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PC Min 10/13/1992 City. of Campbell Planning Commission Minutes City Council Chambers, 70 North First Street 7:30 P.M. October 13, 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. Chairperson Fox called the meeting to order. The following proceedings were had to wit: ROLL CALL Commissioners Present: Chairperson David Fox Vice Chairperson I. (Bud) Alne Commissioner Jay Perrine Commissioner Robert Dougherty Commissioner Jane Meyer-Kennedy Commissioner Alana Higgins Commissioner Mark Wilkinson Staff Present: Director of Planning, Steve Piasecki Associate Planner, Tim J. Haley City Attorney, Bill Seligmann City Engineer, Joan Bollier APPROVAL OF THE MINUTES The Minutes of September 22, 1992, were deferred to the Planning Commission meeting of October 13, 1992. COMMUNICATIONS; Mr. Steve Piasecki, Director of Planning, noted that items of communication were transmitted in the Commission packets and relate to items on the agenda. The following communications items were received after packet distribution: Letter from Don Zebrak, Project Engineer, Bakers Square, dated October 12, 1992, request- ing that the Commission take action on the plans submitted by Bakers Square, and not delay the application any longer. Revised Finding for approval of Item No. 3, R 92-08 (PD 90-07). © City Council Summary Agenda and the Campbell Profile. Planning, Commission Minutes of October 13, 1992 1 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS M 92-03 (S 70-19) Hilger, N. Continued Public Hearing to consider the application of Mr. Nelson Hilger, on behalf of Bakers Square, for approval of a modification to a Site and Architectural Review Permit to allow an addition and remodel to an existing restaurant on property located at 1461 West Campbell Avenue, in a C-2-S (General Commercial) Zoning District. Chairperson Fox read the application into the record. Mr. Steve Piasecki, Director of Planning, presented the staff report noting the following: · The item was deferred from the last meeting for clarification on site plan issues. Before the Commission is a communication item asking the Commission to take action on the item tonight. · Staff is still concerned about significant differences between the proposed design and the rest of the shopping center and has requested that a rendering be provided. Staff has not received the rendering. · The staff recommends a continuance to the Planning Commission meeting of November 2, 1992. Commissioner Alne noted that the letter implies the staff had reviewed his application and requested revisions on numereous occasions. Chairperson Fox clarified that additional plans were submitted illustrating modifications requested by staff. Mr. Piasecki responded that although the plans had been submitted, the applicant has not provided the rendering of comparison. Commissioner Alne asked if all applicants are required to submit renderings for review by the Planning Staff. Mr. Piasecki stated that all applicants for developments of major projects are required to submit renderings. That the shopping center as a whole is considered major. Planning Commission meeting of October 13, 1992 2 Chairperson Fox continued the public hearing. There was no one wishing to address the Commission. MOTION: On motion of Commissioner Wilkinson, seconded by Commissioner Alne, it was unanimously ordered that the Public Hearing be continued to the Planning Commission meeting of November 10, 1992. 2. UP 92-O4 Irani, M. Continued Public Hearing to consider the application of Mahyan Irani, for approval of a Live-Entertainment Permit at 499 East Hamilton Avenue, 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: · Applicant's request. · Continuance from previous meeting to allow clarification of the tenant's right to proceed with the live-entertainment permit without the property owners approval. The City Attorney has concluded that the Mr. Irani can proceed with the use permit, since under a lease contract the tenant is allowed to act as the property owner. · Size of the site, substantial parking available for this use. · The use is consistent with zoning and General Plan designation. · Type of entertainment. · Hours of operation proposed. Staff is recommending an adjustment to the hours of operation for live-entertainment, limiting them to times when food is served. · The Police Department has provided several conditions for approval. · The staff recommends approval with revised conditions, one addressing the hours of operation and the other limiting the use to the current tenant. The use is non-transferable. Mr. Haley and the Director of Planning, Steve Piasecki, discussed previous uses and the inclusion of various Police Department Conditions of Approval. Further, Mr. Haley noted that the Planning Commission has authority to approve the Use Permit, however, the City Council will have final authority Planning Commission meeting of October 13, 1992 3 over granting of a Live-Entertainment Permit. Chairperson Fox opened the public hearing. Public Comment: Ms. Annette Smith, 601 Almarida Drive Unit J-l, Manager of the Franciscan Apartments adjacent to 499 East Hamilton Avenue, addressed the Commission expressing the following concerns in opposition of the proposed Live-Entertainment Permit: · This particular use is inappropriate for this location, due to its proximity to a residential development. · Previous uses at this location were disruptive to the residential properties. Problems were so severe that security gates and fences had to be installed. · She read a memo into the record dated, July 8, 1983, written by Police Chief (at that time) Don Burr, indicating problems associated with entertainment at this location. · Vandalism to the Franciscan Apartment property by patrons of the bar. · She circulated photographs depicting signs advertising "Happy Hour," and stated that the main attraction for this establishment is the bar. Mr. Kevin Alna, 601 Almarida Drive, spoke in opposition to the proposal citing insufficient parking for residents of the Franciscan. No other citizens addressed the Commission on this item. Commissioner Wilkinson asked how loud the music would be, and noted his opposition to intoxicated persons driving on Almarida Drive. Chairperson Fox asked the applicant to approach the Commission. Mr. Mahyan Irani, addressed the Commission suggesting areas of consideration relating to the public comment. · Complaints referred to by the speakers are directed at previous business owners and not the current business manager, who has only been at this location for one year. During that year, there have been no complaints from the residents, nor the Police Department. · The uses specified do not encourage a nightclub character. · He indicated willingness to work with Staff to minimize noise levels. · There is sufficient parking on-site for the application in question. · A fence encloses the apartment development and patrons of the restaurant cannot get into the parking lot. · Requested consideration for his project unbiased by previous business Planning Commission meeting of October 13, 1992 4 operations. If problems occur he will not continue the live- entertainment at this location. Although "Happy Hour" is advertised, the restaurant use consumes 80 percent of the business. Commissioner Alne initiated discussion of the Conditions of Approval, specifically. Condition No. 15 relating to "Happy Hour." He asked the applicant if he was aware of the condition, since it appears to eliminate "Happy Hour." Discussion ensued relating to the intent of the Condition and it was decided that the intent of the condition was that no drink promotions pricing alcoholic drinks for less than $1.50 shall be allowed. Commissioner Wilkinson asked if the City regulates any other business operation relative to "Happy Hour." Mr. Haley indicated that he was not aware of any such regulation. City Attorney Seligmann noted that previous to this application, such a condition has been placed upon bars, however, that none of those bars were ever opened. Mr. Irani added that "Happy Hour" is a time that food is served and not a time when drinks are discounted. He reiterated that the problems cited occurred with the "Bahah Saloon," due to the irresponsibility of the business owner. He asked that he be given a chance to demonstrate that his proposal would work. Chairperson Fox asked Ms. Smith if problems outlined by her had occurred during the past year, and Ms. Smith said no. Commissioner Wilkinson asked Mrs. Smith when the security gates and fences had been installed. Ms. Smith stated that the gates and fences had been install in 1988. Additionally, Ms. Smith expressed that this location is not appropriate for a restaurant with a bar. There was no more public comment. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Meyer-Kennedy, it was unanimously ordered that the Public Hearing be closed. Planning Commission meeting of October 13, 1992 5 Commission Discussion: Commissioner Dougherty noted that he was torn between helping a business become successful and concerns expressed by the neighbors. Commissioner Wilkinson indicated support for the proposal without imposing a condition that would eliminate the "Happy Hour," and noted that he would be supportive of approving the proposal for a period of six months. Discussion ensued relating to the six month approval and Chairperson Fox pointed out that a six month review would allow revocation of the permit if the use was found to be disruptive to the surrounding community. The Commission indicated agreement with the Chair. Commissioner Perrine noted that new laws imposed by the State restrict driving while intoxicated, that staff has conditioned the application such that if problems occur the permit could be revoked immediately, and that there is currently a a new Police Chief. He will support the application even though he lives on Almarida Drive. The Conditions of Approval continued to be discussed relating to seating and the number of persons allowed at one time. Mr. Haley noted that the Fire Department has established rules regarding occupancy, and explained festive seating. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Wilkinson, it was unanimously ordered that Resolution No. 2816 be adopted, approving UP 92-17, incorporating the findings, and subject to the Conditions of Approval amending Condition No. 15 to clarify that discount drink specials be eliminated and not "Happy Hour," and that Condition No. 17 be revised to provide for a six-month review, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Perrine, Dougherty, Meyer-Kennedy, Higgins, Wilkinson, Alne, Fox None None. Planning Commission meeting of October 13, 1992 6 o R 92-08 (PD 90-07) Western Gravel Public Hearing to consider the application of Western Gravel Company for approval of a reinstatement to a previously approved Planned Development Permit to allow the construction of a 348 multiple-family residential project, on a 12.4 acre site located at 500 Railway Avenue, in a PD (Planned Development) Zoning District. Chairperson Fox read the application into the record. Mr. Tim J. Haley presented the staff report noting the following: · The application was previously approved by the City Council. The applicant's proposal is for a revised development schedule. A new developer indicates construction of the project in one phase instead of two, hence the Conditions of Approval were revised by staff to eliminate wording applicable to Phase II of the approved project. General Plan, zoning designation, City policies and standards have had no changes. Items of communication: 1) from applicant relating to change of developer, and 2) from adjacent property owner relating to a spur in the railroad on the southwestern portion of the development area. The applicant has met with the adjacent property owner and the railroad company to resolve the issue of the spur. The staff recommends approval. Commissioner Alne asked about the amendment to the Conditions of Approval and Mr. Haley noted that changes other than those relating to phasing have to do with new fire sprinkler requirement and the applicant's participation in the local improvement district. Commissioner Dougherty indicated that he was opposed to plan revisions that would eliminate the mixed housing concept. Mr. Haley stated that the new developer and architect plan to work with the original concept approved, however, if substantial changes are made, staff will present them to the Planning Commission. Further, Mr. Haley explained that Condition No. 3 requires that revised elevations or building design be brought back before the Planning Commission. Chairperson Fox opened the public hearing. Public Comment: Mr. Mike Meyer, 4340 Stevens Creek Boulevard, Project Developer, discussed the financing of the project, and mentioned landscaping changes that would provide more open space on the interior of the project. He was concerned Planning Commission meeting of October 13, 1992 7 about the park dedication fee stated on the Conditions of Approval. Ms. Joan Bollier, City Engineer, explained that the fee in terms of dollar amount had not previously been indicated on the Conditions of Approval. There was no increase other than specification of the exact dollar amount. Commissioner Wilkinson asked what changes would be made to the project to address the railroad spur issue. Mr. Meyer stated that the spur would be adjusted. He stated that changes would be made to easements fwould benefit all concerned. Mr. Tom Black, concerned citizen, 132 Sunnyside Avenue, expressed concern relating to traffic circulation, parking, use of the transit system, and potential for the apartments to be converted into condos. Chairperson Fox requested that Mr. Meyer address the issues raised by Mr. Black. Mr. Meyer indicated that a condo conversion would never take place since the project will be developed at a density range where parking standards could never be achieved for condos, that parking meets the needs for an apartment complex, that use of the transit system supported by the development, and that traffic circulation was previously addressed in a traffic report required by the City. Ms. Bollier supported Mr. Meyer's comments on the traffic impacts, noting that the staff had based the traffic study on the first proposal, which had substantially more units that the one approved. Chairperson Fox indicated support stating that the Commission would welcome the new developer, and is happy to see the project go forward. Commission indicated agreement with the Chair. The MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Higgins, it was unanimously ordered that the Public Hearing be dosed. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Wilkinson, it was unanimously ordered Resolution No. 2817 be adopted, recommending that the City Council approving the revised development schedule, and the revised Conditions of Approval, by the following roll call vote: Planning Commission meeting of October 13, 1992 8 AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Perrine, Dougherty, Meyer-Kennedy, Higgins, Wilkinson, Alne, Fox None None. MISCELLANEOUS 4. SA 92-36 Party America Consider the application of Party America to remodel an existing non-conforming sign, located at 877 East Hamilton Avenue, in a PD (Planned Development/ Commercial) Zoning District. Chairperson Fox read the application into the record. Mr. Tim J. Haley, Associate Planner presented the staff report noting that the applicant is requesting a remodel of a free-standing sign which will exceed the sign ordinance requirement. However, staff is supportive of the request, since a reduction of the square footage and a reduction of height will be a substantial improvement to what currently exists at the site. Commissioner Alne presented discussion from the September 24, 1992, meeting of the Site and Architectural Review Committee, noting that the Committee agrees that the proposed remodel is an improvement and recommends approval. MOTION: On motion of Commissioner Perrine, seconded by Commissioner Dougherty, it was unanimously ordered that the the sign request for Party America, File No. SA 92- 36 be approved. o Commission a) Cancel the regularly scheduled Planning Commission meeting of December 22, 1992. MOTION: The regularly scheduled meeting of December 22, 1992, was unanimously canceled. Planning Commission meeting of October 13, 1992 9 b) MOTION: Change the October 27, 1992, General Plan Hearing date to December 8, 1992. The General Plan Hearing scheduled for October 27, 1992, was unanimously rescheduled to the Regular Planning Commission meeting of December 8, 1992. 6. Staff Schedule and work program for the San Tomas Study. Chairperson Fox read the item into the record. Mr. Curtis Banks, Planner II, presented the staff report noting the following: The Study was initiated from concerns expressed by residents of the San Tomas area relating to new development in the area. · Reviewed preliminary scoping meetings with residents. · Described the major issues raised by the residents. · Explained the outline of the proposed work program. · Discussed work groups and area-wide task force to review the establishment of policies and to draft an area-wide plan. · Staff anticipates scheduling a public hearing before the Planning Commission, for review and input relating to the draft plan in mid- summer 1993. Chairperson Fox asked if the Architectural Advisor would be included in the meetings and Mr. Banks responded that it would be desirable for the Architectural Advisor to participate in the established goals prior to presentation to the Planning Commission. REPORT OF THE PLANNING DIRECTOR The report of the Planning Director was accepted. ADJOURNMENT The meeting adjourned at 9:00 p.m., to the next regularly scheduled Planning Commission meeting of November 10, 1992, at 7:30 p.m., in the City Council Chambers, 70 North First Street, Campbell, California. Planning Commission meeting of October 13, 1992 10 APPROVED: ATTEST: Steve Piasecki SECRETARY Planning Commission meeting of October 13, 1992 11