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PC Min 01/08/1991PLANNING COMMISSION City of Campbell, California 7:30 P.M. CITY HALL, COUNCIL CHAMBERS TUESDAY JANUARY 8, 1991 MINUTES The Planning Commission of the City of Campbell convened this day in regular session 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 Jay Perrine Commissioner Robert Dougherty Commissioner David Fox Commissioner Jane Meyer-Kennedy Commissioner Alana Higgins Commissioner I. (Bud) Alne Commissioner Mark Wilkinson Commissioners Absent: None Staff Present: Director of Planning, Steve Piasecki Senior Planner, Randy Tsuda City Attorney, William Seligmann Engineering Manager, Bill Helms Recording Secretary, Karon Shaban APPROVAL OF THE MINUTES On motion of Commi~ioner Meyer-Kennedy, seconded by Commi~ioner Dougherty, the minutes of the Planning Commi~ion meeting of December 11, 1990, were approved, as submitted, on a vote of 5-0-0-2, Commi~ioners Alne and Wilkinnon abstaining due to their absences. AGENDA MODIFICATIONS OR POSTPONEMENTS Item No. 4 Item No. 7 Moved forward - Request for a two-week continuance. Moved forward - Request to withdraw from calendar. COMMUNICATIONS' Planning Director, Mr. Steve Piasecki informed the Commission that communications were included in the Commission packets and pertain to items noted on the agenda. He drew attention to an additional communication that arrived after the Commission packets were distributed, as follows: Letter from Jules Pearlman, dated January 8, 1991, requesting that PM 90-15 be withdrawn from the calendar. Letter from Gordon Martin, Timber Cove Homeowners Association President, dated January 3, 1991, supporting the Trammel Crow proposal, noting concerns regarding emergency access, water supply, and traffic. Planning Commission Minutes -2- January 8, 1991 PUBLIC HEARINGS GP 90-04/ ZC 90.13/ PD 90-08/ Bowen, B. Continued Public Hearing to consider the application of Mr. Bruce Bowen, on behalf of Ainsley Development, Inc., for approval of a General Plan amendment from Public/Semi Public to Commercial; approval of a Zone Change from PF (Public Facilities) to PD (Planned Development) Zoning District, and, approval of a Planned Development Permit to allow a 15,000 square foot retail center and a 4000 square foot fast-food, drive-through restaurant, on property located at the southwest corner of Hacienda Avenue and Winchester Boulevard (3101 South Winchester Boulevard). Chairperson Perrine read the application into the record. Director of Planning, Steve Piasecki noted the applicant's request for a two week extension. M/S: Dougherty, Fox MOTION TO CONTINUE THE APPLICATION TO THE PLANNING COMMISSION MEETING OF JANUARY 22, 1991, WAS UNANIMOUSLY APPROVED (7-0-0). 7. PM 90-15 Sahadi, F. Public Hearing to consider the application of Mr. Fred Sahadi, for approval of a Tentative Parcel Map allowing the creation of 4 parcels for property located at 1875, 1901, 1994, and 1999 South Bascom Avenue, in a C-2-S and C-2-0 (General Commercial) Zoning District. The Chairperson read the application into the record. The Chairperson declared the Public Hearing open. Since no one requested to speak, the Chairperson closed the Public Hearing. M/S: Meyer-Kennedy, Fox MOTION TO WITHDRAW THE APPLICATION FROM CALENDAR WAS UNANIMOUSLY APPROVED (7-0-0). ELECTION OF CHAIR/VICE CHAIR The Chairperson opened the floor for nominations of Planning Commission Chair and Vice Chair. M/S: Fox, Wilkinnon MOTION TO NOMINATE AND ELECT COMMISSIONER MEYER-KENNEDY AS CHAIRPERSON OF THE PLANNING COMMISSION FOR THE YEAR OF 1991, WAS UNANIMOUSLY APPROVED (7-0-0). Planning Commi~ion Minutes -3- January 8, 1991 Alne, Dougherty MOTION TO NOMINATE AND ELECT COMMISSIONER FOX AS VICE CHAIRPERSON OF THE PLANNING COMMISSION FOR THE YEAR OF 1991, AND THAT COMMISSIONER FOX SERVE AS CHAIRPERSON FOR THE SITE AND ARCHITECTURAL REVIEW COMMITTEE, WAS UNANIMOUSLY APPROVED (7-0-0). Chairperson Perrine presented Commissioner Meyer-Kennedy with the gavel and she assumed her role as Chairperson of the Planning Commission. SPECIAL PRESENTATIONS 2. Chairperson Resolution of Commendation for outgoing Principal Planner, Phil Stafford. Chairperson Meyer-Kennedy commended Mr. Stafford for his many years of service. RESOLUTION NO. 2719, COMMENDING PHIL STAFFORD FOR HIS YEARS OF SERVICE, WAS ADOPTED BY ACCLAMATION. Mr. Stafford was not present to receive the resolution, however, Planning Director Piasecki noted that the resolution would be mailed to Mr. Stafford. 3. Commission Resolution of Appreciation for outgoing Chairperson Jay Perrine. Chairperson Meyer-Kennedy presented the resolution to Commissioner Perrine noting Commission appreciation of his efforts. Further, she presented him with the Plaque and Gavel. Commissioner Perrine accepted the Plaque and Gavel and expressed appreciation of the commendation. RESOLUTION NO. 2720 COMMENDING CHAIRPERSON PERRINE FOR HIS SERVICE TO THE PLANNING COMMISSION AS CHAIRPERSON FOR THE YEAR OF 1990, WAS ADOPTED BY ACCLAMATION. ORAL REQUESTS Mayor Kotowski expressed appreciation to the Commission for their volunteer services to the Community. There were no other public comments. PUBLIC HEARINGS (continued) 5. UP 90-14 Rezazadeh, F. Continued Public Hearing to consider the application of Mr. Farshid Rezazadeh for approval of a Conditional Use Permit to allow an on-sale beer/wine license in conjunction with an existing Italian restaurant on property located at 2099 A. South Bascom Avenue, in a C-2-S (General Commercial) Zoning District. Planning Commission Minutes -4- January 8, 1991 The Chairperson read the application into the record. Director of Planning, Steve Piasecki presented the Staff Report noting that the continuance was recommended in hopes that the property owner would discuss security mitigation measures with the planning staff relative to problems existing at the center. He reviewed the following: - Site area - Surrounding uses - Staff's changes to the Conditions of Approval that require the applicant to 1) extend the perimeter wall height, 2) retain security lighting of the parking lot, and 3) install a security gate. Commissioner Alne asked Staff if the security gate would cause problems for the Fire Department. Mr. Piasecki stated there would be no problem since the lock would be one used by the Fire Department under these circumstances. Commissioner Wilkinson asked why so many security conditions were requested of the applicant. Mr. Piasecki reviewed the testimony received at the last meeting, and noted that, although problems were associated with other businesses within the shopping center, it is Staff's belief that the sale of beer and wine would increase the problems. Discussion ensued relating to the appropriateness of requiring this applicant to be responsible for security measures since: - He would have to depend on businesses closing after he closed to shut and lock the gate. - The situation would exist whether or not Mr. Rezazadeh were allowed an on-sale use of beer and wine or not. - Some of the expense should be absorbed by the owner of the shopping center. Commissioner Wilkinson suggested that amendments be made to the Conditions of Approval eliminating Item No. 5, numbers 1 and 3. The Chairperson declared the Public Hearing open. Public Comments: Mr. John Figueroa, 3404 Ridgemont Drive, Mountain View, owner of the adjoining residential apartments, approached the Commission requesting that the problems be resolved. Mr. Farshid Rezazadeh addressed the Commission requesting approval of the application. He noted the following: He spoke with the property owner and the property owner would extend the hours of night lighting and would provide a brighter watt light bulb. It would not be advantageous for the landlord to provide a higher fence or a security gate, since he will not benefit from the applicant's sales of beer and wine. Planning Commission Minutes -5- January 8, 1991 He will ensure that no one will leave his establishment drunk and disorderly. Further, Mr. Rezazadeh expressed the following concerns: - Problems occur after the Pizzeria is closed. - Problems occurred before his business began and will continue whether or not I serve wine with meals. - He clarified the fact that the adjoining business did have a beer and wine license approved by the Commission, but elected not to use the permit. - Raising the fence two feet is not enough to keep kids from jumping or throwing things over the fence. M/S: Fox, Wilkinson Commissioner discussion: MOTION TO CLOSE THE PUBLIC HEARING WAS UNANIMOUSLY APPROVED. Commissioner Dougherty was not supportive of any security plan restrictions on the applicant since the use of beer or wine with pizza or pasta is a culinary enhancement. He stated that incidents are not associated with this applicant's business, and suggested approval with a six month review Commissioner Alne reviewed options and stated that he would support the applicant's proposal. Commissioner Perrine was supportive of the suggestion that the application be approved with a six month review. M/S: Perrine, Alne MOTION TO ADOPT RESOLUTION NO. 2718, INCORPORATING THE ATTACHED FINDINGS, SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL, AMENDED TO DELETE CONDITION NO. 5 (1 & 3), ADDING A PROVISION FOR A SIX MONTH REVIEW IF COMPLAINTS ARE RECEIVED RELATING TO THIS PARTICULAR USE, APPROVING THE USE PERMIT FOR ON-SALE BEER AND WINE LICENSE IN CONJUNCTION WITH FULL SERVICE RESTAURANT ON PROPERTY LOCATED AT 2099 A. SOUTH BASCOM AVENUE, WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: Commissioners: Alne, Fox, Higgins, Perrine, Dougherty, Wilkinson, Meyer-Kennedy NOES: Commi~ioners: None ABSENT: Commissioners: None ZC 90-02 (HPB 90-02) Steele, L. Public Hearing to consider the application of Mrs. Louise Steele for historic designation of residence; and, a Zone Change, for a portion of the property located at 1228 Harriet Avenue, in an R-l-6 (Single-Family Residential) Zoning District. Planning Commission Minutes -6- January 8, 1991 Chairperson Meyer-Kennedy read the application into the record. Senior Planner, Randy Tsuda presented the Staff Report noting the following: - Previous action taken by the Historic Preservation Board recommending that the Planning Commission recommend approval. - Noted a communication received by the Planning Department from a citizen who opposes the use of tax dollars for historical preservation. Mr. Tsuda pointed out that historic designation would allow a very slight tax break. Commissioner Wilkinson asked about the street access, and Mr. Bill Helms, Engineering Manager, stated that there is no street access, however, there is dedicated public right-of-way attached to the property. The Chairperson declared the Public Heating open. Public Comments: Mr. Mario Quinn, 1609 Hacienda Avenue, asked why homes were designated. Mr. Tsuda explained that historically designated homes would be listed on the City's Historic Inventory as an historic building and that certain restrictions or additional processes would be placed upon the home with regard to demolition, and remodel of the structure. Further, that in order to be placed on this list a structure must be a certain age, have historical value, such as belonging to one of Campbell's first setters, and maintain the rural flavor of the area. Mr. Quinn expressed a concern regarding the development of the surrounding property. Mr. Tsuda stated that the designation applies to the home and the ground on which is sets only. M/S: Perrine, Fox Commission Discussion: MOTION TO CLOSE THE PUBLIC HEARING WAS UNANIMOUSLY APPROVED (7-0-0). Commissioner Wilkinson asked if all homes requesting designation are designated, if there was a review of the condition of the home, and, further, he suggested that such a review process be required. Discussion ensue relating to Commissioner Wilkinson's remarks. Commissioner Fox explained the historic designation process. Commissioner Dougherty expressed his approval of the designation since he lives near there and would like to see it preserved and would like to see the older large trees preserved as well. Senior Planner Tsuda stated that he would include this request in the City Council Report. Mr. Piasecki stated that he would like to see the visibility of the home increased when the home is an historical structure. Planning Commission Minutes -7- January 8, 1991 Commissioner Alne noted that since this item was before the Historic Preservation Board, and that it is the Board's duty to advise the Commission, it would be appropriate to accept its recommendation and designate the residence. M/S: Alne, Fox MOTION TO ADOPT RESOLUTION NO. 2721, RECOMME~ING THAT CITY COUNCIL ADOPT THE ZONE CHANGE AND DESIGNATION OF THE HOME LOCATED AT 1228 HARRIET AVENUE AS AN HISTORIC LANDMARK, IN THE CITY OF CAMPBELL, UNANIMOUSLY CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: Commi~ioners: Alne, Higglns, Fox, Perrine, Dougherty, Wilkinson Meyer-Kennedy NOES: Commi~ioners: None ABSENT: Commi~ioners: None R 90-O2 (ZC 89-15/PD 89-20) Lincoln Bascom Office Center, Inc. Public Heating to consider the application of Mr. Butch Boone, on behalf of Lincoln Bascom Office Center, Inc., for approval of a revised Development Schedule allowing the construction of 68 condominiums, on property located at 110 Michael Drive, in a C-PD (Condominium/Planned Development) Zoning District. The Chairperson read the application into the record. Director of Planning, Steve Piasecki presented the Staff Report noting the following: - The applicant's request to extend the development schedule for two to three years. - The current schedule will expire on February 2, 1991 - That the ordinance currently allows the Planning Commission to extend development schedules for Planned Development permits, however, the City Council has requested that such requests be the final decision of the City Council for review. - That the City Attorney recommend that the City Council extend the permit for one year. Commissioner Perrine clarified that due to the Council having the final say in Planned Development approval, they would like to make the decision relating to any extensions for the permits. Mr. Piasecki affirmed this clarification, noting that changes could be made to traffic or zoning and the Council felt that two years is too long in some cases to extend a permit of this kind. Commissioner Alne presented the Site and Architectural Review Committee meeting of January 3, 1991, stating that the Committee recommended a two year approval, however, he is willing to reconsider the recommendation in light of the Council's request and recommend an extension until February 1992. Planning Commission Minutes -8- January 8, 1991 The Chairperson declared the Public Hearing open. No one requested to speak. M/S: Perrine, Fox MOTION TO CLOSE THE PUBLIC HEARING WAS UNANIMOUSLY APPROVED (7-0-0). M/S: Perrine, Fox MOTION TO ADOPT RESOLUTION NO. 2723, RECOMMENDING THAT CITY COUNCIL EXTEND THE DEVELOPMENT SCHEDULE FOR ONE YEAR, TO FEBRUARY 1992, WAS UNANIMOUSLY APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: Commi~ioners: Alne, Higginn, Fox, Perrine, Dougherty, Wilkinnon Meyer-Kennedy NOES: Commi~ioners: None ABSENT: Commi~ioners: None MISCELLANEOUS 9. SA 90-35 Maynard, C. Consider the application of Craig Maynard for approval of a Sign Program and two free-standing signs on property located at 1650 - 1800 South Bascom Avenue, in a C-2-S (General Commercial) Zoning District. The Chairperson read the application into the record. Senior Planner, Randy Tsuda, presented the Staff Report noting the following: Due to the location of the shopping center, staff is supportive of additional signage. Two tenants are requesting their names on the sign on Hamilton Avenue street frontage. - Staff is supportive since the request will conform to the overall design and will provide better public identification. Commissioner Alne presented the Site and Architectural Review Committee comments noting that the Committee is supportive of the two monumental signs due to the unusually narrow shape of the property and to the fact that the center has frontage on two major streets, however, the Committee was not supportive of the tenant signs. Commissioner Discussion: Discussion between Staff and Commissioners indicated that after the Site and Architectural Review Committee met, the applicant was informed that the two major tenants were opposed to leasing a space if they would not be allowed the monumental identification, and that this information was received after the Committee met. Mr. Tsuda pointed out that these two existing businesses, Longs Drug Store and the Bread of Life are important to the property owner and the viability of the shopping center. Planning Commission Minutes -9- January 8, 1991 Commissioners Dougherty and Wilkinson expressed concern that if these tenants leave the premises and new tenants come in they would make the same request. Commissioner Wilkinson asked the City Attorney if the signs could be grandfathered. Counsel William Seligmann stated tenants could not be specified, however, designation of a specific space for a specific use can be granted. Mr. Craig Maynard, the applicant, apologized to the Commission for changes made to the agreement with the Site and Architectural Review Committee. He explained that after the Committee met he talked with the property owner who had already obligated the sign space to the tenants. Commissioner Fox was supportive of the modified request since the center has two frontages, is located at a major intersection, is an improvement to what currently exists, and visibility is important at this location. Commissioner Alne expressed support of the modified request due to the location of the center. M/S: Alne, Perrine MOTION TO APPROVE THE SIGN PROGRAM, AS MODIFIED ALLOWING TWO FREE-STANDING SIGNS, ONE ON HAMILTON AVENUE AND ONE ON BASCOM AVENUE; AND, TWO TENANT SIGNS ON THE HAMILTON STREET FRONTAGE, AT 1650 - 1800 SOUTH BASCOM AVENUE, WAS UNANIMOUSLY APPROVED. REPORT OF THE PLANNING DIRECTOR The report of the Planning Director was accepted. ADJOURNMENT The Planning Commission meeting of January 8, 1991, adjourned at 8:50 p.m., to the next regularly scheduled Planning Commission meeting of Tuesday, January 22, 1990, at 7:30 p.m., City Hall Council Chambers, 70 North First Street, Campbell, California. Submitted by: Rep6rti~'g Secretary-, Karon Shaban ATTEST: Steve Piasecki Secretary APPROVED: Jane Meyer-Kennedy CHAIRPERSON