PC Min 10/27/1992 Campb. el!
City. of Commission )
Planmng
Minutes
City Council Chambers, 70 North First Street
7:30 P.M. October 27, 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 (~ALL
Commissioners Present:
Chairperson David Fox
Vice Chairperson I. (Bud) Alne
Commissioner Jay Perrine
Commissioner Robert Dougherty
Commissioners Absent:
Commissioner Jane Meyer-Kennedy *
Commissioner Alana Higgins *
Commissioner Mark Wilkinson
Staff Present:
Senior Planner, Randy Tsuda
Associate Planner, Tim J. Haley
Planner II, Curtis Banks
Planner I, Gloria Sciara
City Attorney, Bill Seligmann
City Engineer, Joan Bollier
* = excused absence
APPROVAL OF THE MINUTES
The Minutes of September 22, 1992, were unanimously approved, as submitted, (4-0-3),
Commissioners Meyer-Kennedy, Higgins, and Wilkinson being absent.
COMMUNICATIONS
Mr. Randy Tsuda, Senior Planner, 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:
Two items relating to Item No. 4, one revising TA 9-02 text and the other commending staff
for their efforts.
Planning Commission Minutes of October 13, 1992
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no modifications or postponements.
ORAL REOUESTS
Mr. Robert Nicholas, Harrison Avenue Resident, suggested changes to City
policy relating to traffic circulation to and from new developments.
Specifically, he asked that construction traffic not be allowed to travel through
residential areas to get to and from the work site.
PUBLIC HEARINGS
M 92-07
(S 86-19)
Sparling, T.
Architectural
Public Hearing to consider the application of Mr. Thomas
Sparling, on behalf of Cal-Pac Roofing, for approval of a
modification to a previously approved Site and
Permit allowing additional office space in an existing
office/warehouse building on property located at 786
McGlincey Lane, in an M-1-S (Light Industrial) 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 to add office space for a show room which would
require that additional parking be added.
· Satisfies Code requirements.
· The staff recommends approval, subject to the Conditions of Approval.
Commissioner Alne presented discussion from the October 15, 1992, meeting
of the Site and Architectural Review Committee, noting that the Committee
recommends approval, since the application is within the zoning codes
established by the City.
Chairperson Fox opened the public hearing.
Public Comment:
Mr. Thomas Sparling, the applicant, addressed the Commission noting his
concern relating to Conditions of Approval regarding addition of parking
spaces inside the building. Additional parking spaces are not necessary since
the additional office space will be for a show room. Satisfying the
requirement would cause a financial burden to him.
Planning Commission Minutes of October 27, 1992 2
MOTION:
On motion of Commissioner Alne, seconded by Commissioner
Dougherty, it was unanimously ordered that the Public
Hearing be closed.
Commissioner Alne asked if staff had a problem with eliminating the
Condition relating to additional parking.
Mr. Haley stated that staff based the condition upon the code requirements for
office use, however, if the Commission desires, the Condition could be
eliminated; however, Staff would be interested in pursuing a condition that
would require the use to return to its original form if the property is sold to
another owner.
City Attorney Seligmann advised that the use could not be tied to a particular
tenant, but the use could be tied to a roofing company.
MOTION:
On motion of Commissioner Alne, seconded by Commissioner
Dougherty, it was unanimously ordered Resolution No. 2818
be adopted, approving Modification No. 92-07, of previously
approved Application No. S 86-19, incorporating the findings,
and subject to Conditions of Approval amended to eliminate
the parking addition and limiting the approved use to a
roofing company, by the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Perrine, Dougherty, Alne, Fox
None
Higgins, Meyer-Kennedy, Wilkinson
o
UP 92-12
Nijmeh, R.
Public Hearing to consider the application of Mr. Romel
Nijmeh for approval of a Use Permit to allow Live-
Entertainment on property located at 2495 South
Winchester Boulevard (Luigi's Pizza & Pasta, Campbell
Plaza Shopping Center) in a C-2-S (General Commercial)
Zoning District.
Chairperson Fox read the application into the record.
Ms. Gloria Sciara, Planner I, presented the staff report noting the following:
Planning Commission Minutes of October 27, 1992 3
Applicant's request to provide Middle Eastern dancing at the facility.
The applicant has been providing this type of live-entertainment for the
past six years and was only recently notified that the use requires a Use
Permit.
Location, and size of the shopping center, and the distance from
residential areas.
The proposed use is compatible with the surrounding uses.
The Police Department has indicated that there have been no complaints
filed with regard to the use.
The staff recommends approval subject to the Conditions of Approval
which would allow the live-entertainment to continue to 12 midnight as
long as the restaurant is operating in full service.
Chairperson Fox opened the public hearing.
There were no public comments.
MOTION:
On motion of Commissioner Dougherty, seconded by
Commissioner Perrine, it was unanimously ordered that the
Public Hearing be closed.
Commission Discussion:
Questions from Commissioners ensued relative to the type of Middle Eastern
Dancing, and the fees for the application. Staff noted that current fees would
apply and that Staff has not reviewed the entertainment, however, reiterated
that there have been no complaints.
MOTION:
On motion of Commissioner Perrine, seconded by
Commissioner Dougherty, it was unanimously ordered
Resolution No. 2819 be adopted, approving Use Permit No. 92-
12, incorporating the findings, and subject to Conditions of
Approval, by the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Perrine, Dougherty, Alne, Fox
None
Higgins, Meyer-Kennedy, Wilkinson
Planning Commission Minutes of October 27, 1992 4
o
UP 92-13
Miller, A. &
Deshaw, W.
Public Hearing to consider the application of Mr. Arthur
J. Miller and Mr. Wayne Deshaw for approval of a Use Permit
to allow a General Liquor License and Cocktail Lounge on
property located at 816 West Hamilton Avenue, in a PD
(Planned Development/Commercial) Zoning District.
Chairperson Fox read the application into the record.
Ms. Gloria Sciara, Planner I, presented the staff report noting the following:
· Applicant's request.
· Minor exterior changes.
· The applicant has been conducting the same use across the street for 11
years.
· The proposed site is larger and is surrounded by commercial uses.
· The request was submitted to the Police Department express no problems
with the application.
· The Staff recommends approval, subject to the Condition of Approval.
Commissioner Alne presented discussion from the October 15, 1992, meeting
of the Site and Architectural Review Committee, noting that since all of the
formal requirements will be met, the Committee will recommend approval
subject to positive public input.
Commissioner Dougherty expressed concern relating to the use of the rear
door which abuts residential properties.
Ms. Sciara explained that staff could condition the use to require that the
main entrance be the front door, noting that there is ample parking in front,
and that the trash enclosures are located in the rear of the proposed site.
Chairperson Fox opened the public hearing.
Public Comment:
Mr. Hollis Logue, Architect, 1213 Lincoln Avenue, San Jose, stated that the
applicant is in agreement with the conditions provided by Staff and will agree
to limiting use of the rear door to employees and delivery personnel.
MOTION:
On motion of Commissioner Alne, seconded by Commissioner
Dougherty, it was unanimously ordered that the Public
Hearing be closed.
Planning Commission Minutes of October 27, 1992 5
MOTION:
AYES:
NOES:
ABSENT:
On motion of Commissioner Dougherty, seconded by
Commissioner Alne, it was unanimously ordered Resolution
No. 2820 be adopted, approving Use Permit No. 92-13,
incorporating the findings, and subject to Conditions of
Approval amended to limit the use of the rear door to
emergencies, employees and delivery personnel, by the
following roll call vote:
Commissioners:
Commissioners:
Commissioners:
Perrine, Dougherty, Alne, Fox
None
Higgins, Meyer-Kennedy, Wilkinson
o
TA 92-02
City-Initiated
Public Hearing to consider the City-Initiated application for
approval of a Text Amendment to Chapters 21.06, 21.22, 21.26,
and 21.72 of the City's Municipal Code revising the procedures
for off-sale liquor/beer and wine licenses, and listing uses
permitted without a Use Permit and uses permitted with a Use
Permit, within Commercial Zoning Districts.
Chairperson Fox read the application into the record.
Mr. Curtis Banks presented the staff report noting the following:
· The text amendment was initiated by a request from "A Little Something
Special."
· City Council authorized staff to proceed with a text amendment to allow
florists and gifts shops to include alcohol in gift baskets.
· Staff included a definition to require businesses that operate in the late
evening hours to be required to obtain a Use Permit for off-sale liquor.
· Staff recommends further revisions to the C-1 Zoning designation to
require fast food and drive-through restaurants to obtain a use permit for
beer/wine or liquor sales. Staff is further recommending that the
Planning Commission be authorized to review and give final approval
for uses within a PD Zone.
· Staff has meet with the Chamber of Commerce who is supportive of the
proposed text amendment.
· Staff is recommending approval.
Chairperson Fox opened the public hearing. There was no public comment.
Planning Commission Minutes of October 27, 1992 6
MOTION:
MOTION:
AYES:
NOES:
ABSENT:
On motion of Commissioner Alne, seconded by Commissioner
Dougherty, it was unanimously ordered that the Public
Hearing be closed.
On motion of Commissioner Perrine, seconded by
Commissioner Dougherty, it was unanimously ordered that
Resolution No. 2821 be adopted, recommending that the City
Council approve the Text Amendment as presented by Staff, by
the following roll call vote:
Commissioners:
Commissioners:
Commissioners:
Perrine, Dougherty, Alne, Fox
None
Higgins, Meyer-Kennedy, Wilkinson
o
UP 92-17
Gray, M.
Public Hearing to consider the application of Ms. Maureen
Gray, on behalf of "A Little Something Special," for
approval of a Use Permit to allow off-sale beer and wine
license, on property located at 415 East Campbell Avenue,
in a C-3-S (Central Business) Zoning District.
Chairperson Fox read the application into the record.
Mr. Curtis Banks, Planner II, presented the staff report noting the following:
· Upon submittal of a use permit application by "A Little Something
Special," requesting that an off-sale liquor license to be included in gift
baskets, Ms. Gray found the fee to be prohibitive.
· The Commission had previously explored changes to the Text
Amendment and took action to refer revisions to the ordinance to the
City Council. The referral was forwarded to permit off-sale liquor use for
businesses wishing to include liquor in their gift baskets. On February 4,
1992, the City Council directed staff to proceed with a text amendment
that would include off-sale liquor sells in conjunction with florists and
gift baskets and floral arrangements as a permitted use within a
commercial district. Since the Text Amendment is not completed at this
date, Ms. Gray is required to obtain a use permit and pay a fee, and since
the text amendment will not be addressed before the upcoming holiday
season, Ms. Gray asks that her fee be waived.
· Staff is recommending approval of the off-sale liquor use permit, and in
light of the upcoming Text Amendment, that the fee for this permit be
waived.
Planning Commission Minutes of October 27, 1992 7
Chairperson Fox opened the public hearing, and no one addressed the
Commission.
MOTION:
On motion of Commissioner Dougherty, seconded by
Commissioner Alne it was unanimously ordered that the
Public Hearing be closed.
MOTION:
On motion of Commissioner Alne, seconded by Commissioner
Dougherty, it was unanimously ordered Resolution No. 2822
be adopted, recommending that City Council approve the Use
Permit, and waive the fees, incorporating the findings, and
Conditions of Approval, by the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Perrine, Dougherty, Alne, Fox
None
Meyer-Kennedy, Higgins, Wilkinson
REPORT OF THE PLANNING DIRECTOR
The report of the Planning Director was accepted.
ADJOURNMENT
Adjourned at 8 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.
Karon Shaban, Reporting Secretary
APPROVED:~~'~, CHAIRPERSON
ATTEST:
Steve Piasecki
SECRETARY
Planning Commission Minutes of October 27, 1992 8