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PC Min 02/12/1991PLANNING COMMISSION MINUTES City of Campbell, California 7:30 P.M., Tuesday, February 12,1991 City Hall Council Chambers 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 Jane Meyer-Kennedy Commissioner Robert Dougherty Commissioner Jay Perrine Commissioner I. (Bud) Alne Commissioner Mark Wilkinson Commissioners Absent: Commissioner David Fox, excused Commissioner Alana Higgins, excused 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 Commissioner Perrine, seconded by Commissioner Dougherty, the minutes of the Planning Commission meeting of January 22, 1991, were unanimously approved, as submitted. AGENDA MODIFICATIONS OR POSTPONEMENTS Chairperson Meyer-Kennedy made the following adjustment to the agenda: Item Nos. 2 and 3 to be heard at the same time. COMMUNICATIONS: Director of Planning, Mr. Steve Piasecki, informed the Commission that communications received were included in the Commission packets and pertain to items on the agenda, except for the following, which were received after packet distribution: 1. Revised Conditions of Approval for Item No. 1 2. Revised Conditions of Approval for Item No. 7. 3. Revised Conditions of Approval for Item Nos. 2 & 3. Planning Commiss .vlinutes 2 ~ February 12,1991 o Letter from Santa Clara Valley Water District, dated 11 / 16/79 regarding ownership of the percolation pond parcel, Item No. 1 Letter from Harry Wichmann, Hacienda Villages Homeowner Petitions (2) of objection to Item No. 1 Letter from Rosenblum, Parish & Bacigalupi, Attorneys at Law, dated February 12, 1991, questioning the EIR, due to effects of the demolition and regarding construction work near Stanley's Bar and Grill. Letter from Brian Avery, Newport Apartments, dated May 27, 1991, including 7 attached letters from various persons relating to street improvements and projection of a fence on Hacienda Avenue creating a dangerous situation. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS 1. 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). The Chairperson read the application into the record. Planning Director Steve Piasecki presented the Staff Report and noted the following: >History of the application. >Traffic analysis of the Public Works Department. >Revised Conditions of Approval. >Revised Site Plan with added redlining to shift the building. >Landscaping, with suggested changes. >The bus duckout. >Ingress and Egress. >Recommendation that the Planning Commission grant a Negative Declaration, and recommend that City Council approve the application. Lengthy discussion ensued between Commissioners Alne and Dougherty, and the Engineering Manager, Bill Helms, and Director Piasecki relating to entering and Planning Commiss .viinutes 3 February 12,1991 exiting the retail center. Mr. Helms displayed overheads to demonstrate the traffic flow upon entering and exiting the center including suggested use of islands to prevent left-hand turns. Discussion regarding exiting and entering Effie's Restaurant, across the street from the proposed center, continued between Commissioners Alne, Wilkinson and Mr. Helms. Chairperson Meyer-Kennedy suggested that there are a lot of U-Turns and Mr. Helms clarified that a U-Turn would only be necessary if a patron missed the entrance. In response to a suggestion from Commissioner Wilkinson relating to moving the entrance to allow for better access, Mr. Helms stated that patrons wishing to turn left on Hacienda to exit the center would create a potential for vehicle accidents. The Planning Director stated that the Conditions of Approval would limit hours of operation so that vehicles traveling along the residential areas would not impact the neighborhood. Further, that a 12 foot wall would be constructed and a great amount of landscaping would be provided to screen noise. Commissioner Perrine asked if Staff would review the reason for removal of this percolation pond. Mr. Piasecki stated that the Water District indicated that the pond is not doing its job and that better percolation would occur if the pond were relocated to the Sunnyoaks area. Commissioner Dougherty expressed concern that the open lot to the rear of the project attract animals, etc. Mr. Piasecki noted that the Commission could require the applicant to fence it off, however, since there is no rear access, it seems unlikely that the area would be a cause for concern. Chairperson Meyer-Kennedy opened the Public Hearing. Public Testimony Mr. Bill Meyer, representing Mr. Rollin Cushman, 1274 Walnut Drive, noted his opposition for a Planned Development in the area, due to the following: >Compatibility with the existing residential area. >Limited hours of operation would not mitigate noise concerns since maintenance and clean up could continue into the late hours. >Setback from residential structures is less than desired, and he recommended a greater setback with more landscaping. >EIR is unsatisfactory due to the traffic impacts. >Allegation that the sale of the property is clouded, due to unsettled Planning Commiss .viinutes 4 February 12,1991 ownership of the property; and, that the property was previously zoned for public use. He circulated a letter from the Santa Clara Valley Water District, dated November 16, 1979, which noted City interest in the parcel for park use. Mr. Mark Cook, 1404 Theresa Avenue, spoke in opposition of the project due to the following: >Retail center in the area not compatible. >Traffic >Noise. He asked if there were any plans for sound attenuation. >Asked about placement of the bus duckout, since the bus lines currently bypass the complex. >Expressed concern regarding the viability of another retail center in Campbell. Mr. Helms stated that the bus route will be considered for revision. Mr. Rollin Cushman stated that he was totally opposed to the project, due to the following: >The proposed retail center abuts the back yards of residents, impacting privacy. >Dangerous conditions for pedestrians. >He asked about the height of the proposed structure. >Noted that the residents are investigating the possibility of hiring an attorney to represent the residents. >The garbage will be located too close to the westerly property line. >Suggested that the air conditions would add to the noise impact. Mr. Piasecki stated that the structure's highest point is the tower, which is approximately 23 feet. Mr. Cushman continued that there have been a number of accidents in the area due to the traffic congestion; and stated that establishment of a fast food restaurant would cause health concerns to those that patronize it. Mr. Brian Avery, 130 East Dana Street, Mt. View, Hacienda Villages Homeownes' Association, spoke in support of the project, and commended the Architect; however, expressed concern regarding who would be responsible for the street improvements along Hacienda, the City, the Water District, or the applicant. Mr. Avery asked that street improvements include Hacienda Avenue and he circulated copies of a letter from the Homeowners' Association. Mr. Bill Helms drew attention to Condition No. 35, of the Conditions of Approval, which suggests that the applicant review a cost-sharing agreement with the City for street improvements along 481 Hacienda Avenue. Planning Commiss. .Vlinutes 5 February 12,1991 Mr. Bruce Bowen, the applicant, addressed the Commission requesting support for the proposal and noted the following: >The Water District has explored an exchange of property, allowing them to place a percolation pond on Sunnyoaks, and they found that the water perked 600 percent better. >Adequate open space was planned to blend with the townhome development. >The building was designed to provide unobstructed views to nearby residents. >The soundwall will limit noise impacts. >The revised plans illustrate that trash enclosures have been relocated. >Traffic congestion due to the project would be mitigated by the hours of operation. Commissioner Dougherty expressed concern about the amount of trash a fast-food restaurant would generate, and discussed the use of recyclable containers. Mr. Bowen stated that forty percent of the business would be take-out, so trash would be carried away from the site. Discussion ensued between Commissioner Alne and Mr. Cook. Mr. Cook suggesting that the poor layout of the development, relative to the location of the air conditioners, would create high volumes of noise for local residents. Mr. Cushman expressed a fear that the retail center would become a hangout for drug users and that there would be additional litter due to the drive-through restaurant. Commissioner Perrine asked about the height of the proposed project compared to the height of the condominiums, and Mr. Piasecki indicated that the heights are approximately the same. Further, Mr. Piasecki suggested that the applicant could be required to hire a noise consultant to evaluate the potential noise created by the center. Commissioner Dougherty asked that a condition be added limiting the noise created by the speakers from the drive-through restaurant. Mr. Kenneth Bryin, 440 Hacienda Avenue, supported Mr. Cushman's opinion relating to dangerous conditions for pedestrians and high noise levels. MIS: Wilkinson, Perrine MOTION TO CLOSE THE PUBLIC HEARING WAS UNANIMOUSLY APPROVED. Commission discussion: Planning Commisa ,VIinutes 6 February 12,1991 Commissioner Alne asked the City Attorney if there were any restrictions on the land limiting it to Public Facility use. Bill Seligmann, City Attorney, stated that there are no restrictions regarding the use of the land for Public Facilities. Commission Alne noted his support for the project, but suggested that the noise be minimized as much as possible. Commissioner Dougherty asked that the fast-food, drive-through restaurant be removed from the application, due to the traffic ingress and egress concerns. Commissioner Alne reminded Mr. Dougherty that if the ingress/egress problems were substantial that the developer would be the one to suffer, since no one would come to the restaurant if there was inadequate access. Commissioner Dougherty asked that the Commission be given the option to re- examine the traffic issue if traffic congestion becomes a problem. Mr. Helms stated that the City has the right to revisit traffic issues anyway, since populations increase and conditions change. Commissioner Dougherty asked who would be financially responsible for altering traffic circulation if problems in the area increased due to the development. Mr. Helms discussed the procedure for review of traffic impacts. Commissioner Dougherty requested that the fast-food restaurant be advised to use recyclable containers, and Planning Director Piasecki suggested the following wording: "Should the City adopt a policy requiring fast-food restaurants to use recydable containers, this establishment would be expected to comply." Chairperson Meyer-Kennedy indicated that it would not be fair to require this applicant to do something that other fast-food establishment owners are not required to do. Commissioner Perrine stated that he would support such a program, but only on a City-wide bases. Commissioner Wilkinson expressed mixed feelings about the development due to traffic concerns; however, he stated that he would support the application.. Mr. Helms requested that prior to action by the Commission, two conditions be added, as follows: >That the applicant construct the median island as shown on the plans Planning Commis~ Minutes 7 Febn,mry 12,1991 displayed, preventing left turns from the site on Winchester Boulevard, and, preventing right or left turns out of the site along Hacienda; and, >That the applicant construct a bus duckout on Winchester Boulevard frontage. Commissioner Alne requested that Staff review conditions relating to noise and garbage. Mr. Piasecki noted that Condition No. 17, addresses the bus duckout and a shelter for the bus duckout, by stating, "as redlined." Relative to the noise condition, Mr. Piasecki suggested the following wording, "The applicant shall provide a noise evaluation of all mechanical equipment and demonstrate levels can be reduced below the ambient noise level on the westerly side of the west property line, and that the microphone from the drive-through speaker shall not be audible on the residential side of at the westerly property line. The noise report shall be reviewed by the Planning Commission." Commissioner Alne suggested that the property owner take responsibility for trash cleanup for a radius of three hundred feet on a daily bases. Mr. Piasecki suggested that the Planning Department look into the maintenance of the property as a code enforcement issue, should the Planning Department receive complaints. Commissioner Wilkinson asked if a similar condition has been placed on other applications of a similar type, and Mr. Piasecki stated that he was not aware of any. Commissioner Wilkinson asked the City Counsel whether such a condition would be legal and Mr. Seligmann indicated that there would be a problem requiring the property owner to be responsible for trash off-site. Planning Director Piasecki suggested a condition requiring the applicant to sign an agreement to provide area-wide clean up if the Planning Department receives numerous complaints from residents due to the trash from the fast-food restaurant Commissioner Wilkinson opposed this since, it would be unfair for the applicant to be responsible for what his patrons do. M/S: Dougherty, MOTION TO RECOMMEND THAT THE CITY COUNCIL ACCEPT THE NEGATIVE DECLARATION THAT WAS PREPARED FOR THIS PROJECT; ADOPT RESOLUTIONS INCORPORATING THE ATTACHED FINDINGS, RECOMMENDING THAT CITY COUNCIL APPROVE THE GENERAL PLAN, AMENDMENT FROM, PUBLIC/SEMI Planning Commissi /linutes 8 February 12,1991 PUBLIC TO COMMERCIAL; APPROVE THE REQUESTED ZONE CHANGE FROM PF (PUBLIC FACILITIES) TO PD (PLANNED DEVELOPMENT); AND, APPROVE A PLANNED DEVELOPMENT PERMIT TO ALLOW A RETAIL CENTER AND A FAST-FOOD, DRIVE-THROUGH RESTAURANT AT THE CORNER OF HACIENDA AVENUE AND WINCHESTER BOULEVARD; WITH ADDED CONDITIONS ADDRESSING NOISE ABATEMENT, CONDITIONS REQUESTED BY PUBLIC WORKS, REVISING CONDITION NO. 34 TO STATE "I'HE APPLICANT TO CONSTRUCT A DRIVEWAY ON THE HACIENDA AVENUE FRONTAGE WITH TRAFFIC CONTROLS DESIGNED TO PROVIDE ADEQUATE INGRESS AND EGRESS TO THE SITE; AND INCLUDE A NOISE ABATEMENT EVALUATION, WAS UNANIMOUSLY APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: NOES: ABSENT: Commissioners: Alne, Perrine, Dougherty, Wilkinson, Chairperson Meyer-Kennedy Commissioners: None. Commissioners: Fox and Higgins. Resolution Nos. 2726 (GP 90-04), 2727 (ZC 90-13) and 2728 (PD 90-08), are attached as an addendum, and made a part of these minutes: Commissioner Perrine commented that this would be an appropriate use for the property. 2. S 90-12 Continued Public Hearing to consider the application of The Chairperson read the application of Mr. Eddy Shen, on behalf of LRS Associates, for approval of a Site and Architectural application to allow the remodel of an existing shopping center, located at 2395-2505 South Winchester Boulevard, in a C-2-S (General Commercial) Zoning District. 3. S 90-11 Continued Public Hearing to consider the application of Mr. John McNulty, on behalf of MBH Architects, for approval of a Site and Architectural application to allow the construction of a new Safeway store and the remodel of a portion of an existing shopping center, on property located at 2341-2391 South Winchester Boulevard in a C-2-S (General Commercial) Zoning District The Chairperson read the application into the record. Planning Director Piasecki reviewed the application displaying plans, color schemes, material boards, and noted following: Planning Commissi~ /iinules 9 February 12,1991 >The applicant's response to changes recommended by the Planning Commission were positive. >Project data. >Sign program. >Staff is requesting that the Commission approve the tenant sign, doorway logo, and freestanding sign; and, that the applicant be required to return to the Commission with a sign application for the other signs requested. >Landscaping and irrigation plans, include a common landscaped area. >Traffic circulation, and driveways >Revised Site Plan. >Architectural review noted needed changes to the color scheme which should include the repainting of the commercial building and relocation of the Fotomat and a flower stand. >Pedestrian crossings. >Reciept of a letter from an attorney representing Stanley's Irish Bar and Grill, regarding the environmental impact statement. >Suggested hours for construction be limited to 7:00 p.m., until 5:00 p.,m., weekdays, only. Commissioner Alne asked if the City was responsible for developing conditions relating to demolition. Mr. Piasecki explained that Staff's intention was to focus on the community as a whole and to the project site improvements which would be beneficial to the tenants in the long range. When asked about the environmental issue pointed out in the above-mentioned letter, Mr. Piasecki stated that the requested additional square footage is minimal, that no environmental impacts are anticipated; and, that the street improvements will significantly reduce traffic impacts. Commissioner Alne reported on the Site and Architectural Review Committee meeting of February 4, 1991, noting the following: >Redlined changes, previously mentioned by the Planning Director were requested and the Committee will recommend approval if the applicant submits revised plans, addressing the following: Repair or repaint some of the existing signs. - Lower the soffit. - Relocate the flower stand and the Fotomat. Chairperson Meyer-Kennedy opened the Public Hearing. Mr. John McNulty, Safeway Representative, noted that he is amendable to all requested changes and discussed limiting the hours for construction, stating that he hopes the limitation will not delay the development schedule. Further, he discussed the requested signage. Planning Co~k linu~es 10 February 12,1991 Planning Director Piasecki reviewed the proposed signage program and reiterated Staff's recommendation to require the applicant to return to the Commission with a si sign application. Mr. McNulty requested that some of the of the Conditions of Approval relating to providing left turns and the installation of standard street signals, be reworded for clarity. Mr. Helms explained the intention of these added conditions, and Mr. McNulty pointed out that modification of the whole mask arm was a newly introduced condition. Mr. Eddy Shen, Project Architect, for the remodel of the existing shopping center, reminded the Commissioner that there are two separate applications and requested that he be allowed to proceed with his portion of the project. Mr. Piasecki pointed out that Condition No. 5, of the Conditions of Approval allow this applicant to proceed ahead of the Safeway project. Chairperson Meyer-Kennedy provided an opportunity for more public comment and no one came forward. M/S: Dougherty, Perrine MOTION TO CLOSE THE PUBLIC HEARING TO CLOSE THE PUBLIC HEARING ON BOTH APPLICATIONS WAS UNANIMOUSLY APPROVED. M/S: Perrine, Dougherty MOTION TO ADOPT A RESOLUTION NO. 2729 INCORPORATING THE ATrACHED FINDINGS, SUBJECT TO THE CONDITIONS OF APPROVAL AS AMENDED BY STAFF, WAS UNANIMOUSLY APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Alne, Perrine, Dougherty, Wilkinson, Chairperson Meyer-Kennedy None Fox and Higgins Resolution No. 2729 is attached, and made a part of these minutes. Commissioner Alne commended Mr. Costello for bringing a Safeway store into the area, and Commissioner Dougherty commended the Safeway Corporation for their citizenship to the community. At 9:25 p.m., the Chairperson recessed the Planning Commission meeting and reconvened the meeting at 9:35 p.m, with all present. PlanningCommissic ,finutes 11 February 12,1991 4. GP 91-01 Continued Public Hearing to consider revision of Housing Element of the General Plan. The Chairperson read the application into the record. Mr. Randy Tsuda, Senior Planner, presented the revised Draft of the Housing Element, pointing out that the Commission's recommendation regarding the City Council's position regarding second-unit policies were retained. He stated that Staff had contacted ABAG to investigate the possibility of using the 1990 Census to determine necessity of larger family living units, that he was informed that Census data was currently unavailable. In order to address the Commission's intent, Mr. Tsuda provided a Implementation Program that would require the Planning Department to review the 1990 Census data as it becomes available, to determine the need, and to encourage developers to provide for those needs. Mr. Tsuda requested that Staff be authorized to forward the document to the State Department of Housing and Community Development for its review; and a letter has been received from the American Association of University Women praising the Draft Housing Element. Mr. Tsuda requested that the Planning Commission recommend that City Council granting a Negative Declaration and adopt a resolution the Housing Element, with the two above-mentioned modifications. Chairperson Meyer-Kennedy opened the Public Hearing, and no one wished to speak. M/S: Wilkinson, Alne MOTION TO CLOSE THE PUBLIC HEARING WAS UNANIMOUSLY APPROVED. Commissioner Alne commended staff for making the requested changes previously discussed: M/S: Alne, Dougherty MOTION TO RECOMMEND THAT CITY COUNCIL GRANT A NEGATIVE DECLARATION, AND ADOPT A RESOLUTION, RECOMMENDING THAT CITY COUNCIL ADOPT THE REVISED HOUSING ELEMENT OF THE CAMPBELL GENERAL PLAN (GP 91-01), WAS UNANIMOUSLY APPROVED ON THE FOLLOWING ROLL CALL VOTE: AYES: Commissioners: Alne, Perrine, Wilkinson, Dougherty, and Chairperson Meyer-Kennedy. Planning Commissi, Iinules 12 February 12,1991 NOES: Commissioners: None. ABSENT: Commissioners: Fox and Higgins.. R 91-01 (S 89-12) Public Hearing to consider the application of Mr. John Calhoun for reinstatement of a previously approved Site and Architectural Application to construct a warehouse building, on property located at 808 McGlincey Lane, in an M-1-S (Light Industrial) Zoning District. Planning Director Piasecki reviewed the Staff Report noting that Staff is recommending approval since there have been no changes to the General Plan or zoning in the area. The Chairperson declared the Public Hearing open and no one wished to speak. M/S: Alne, Dougherty MOTION TO CLOSE THE PUBLIC HEARING WAS UNANIMOUSLY APPROVED.. M/S: Perrine, Alne MOTION TO ADOPT RESOLUTION NO. 2732 APPROVING THE REINSTATEMENT WAS UNANIMOUSLY APPROVED BY THE FOLLOWING ROLL CALL VOTF~ AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Alne, Perrine, Wilkinson, Dougherty Meyer-Kennedy None Fox, Higgins M 91-02 (UP 83-06) Public Hearing to consider the application of Mr. Bob Deifenbach, on behalf of Robert Lee and Associates, for a modification to a previously approved Use Permit allowing an exterior remodel of a Shell Oil Gas Station, on property located at 570 East Hamilton Avenue, in a C-2-S (General Commercial) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Mr. Randy Tsuda, Senior Planner, presented the Staff Report, noting: >Canopy design. >Revised sign program. >Remodel of face and bathroom facilities. >Site and Architectural Review Committee recommended approval, with submittal of a revised sign program. Planning Commis~\ iinutes 13 February 12,1991 The Chairperson declared the Public Hearing open. The applicant stated he has reviewed the Conditions of Approval and stated that they are acceptable to him. Commissioner Perrine asked about the revised sign program. Mr. Tsuda stated that the revised sign program will be returned to Staff prior to final issuance of a Building Permit. M/S: Perrine, Wilkinson MOTION TO CLOSE THE PUBLIC HEARING WAS UNANIMOUSLY APPROVED. M/S: Alne, Perrine MOTION TO ADOPT RESOLUTION NO. 2733, APPROVING THE APPLICATION, INCORPORATING THE RECOMMENDED CHANGES BY STAFF TO THE SIGN PROGRAM WAS UNANIMOUSLY APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: NOES: ABSENT: Commissioners: Alne, Perrine, Wilkinson, Dougherty, Meyer-Kennedy Commissioners: None Commissioners: Fox, Higgins. Resolution No. 2733, attached as part of the minutes. 7. S 90-09 Public Hearing to consider the application of Mr. jay Shemirani for approval of a Site and Architectural application to allow the move-on of a single-family home and constriction of a new home on two parcels located at 50 Catalpa Lane, in an R-l-6 (Single-Family Residential) Zoning District. The Chairperson read the application into the record. Planning Director Piasecki reviewed the Staff Report, noting efforts made by the applicant to meet Commission concerns. Further, he reviewed the following: >City Council referral to Planning Commission to review a modified application. >Current proposal including setbacks, tree removal, and the new single-story home >Staff and the Architectural Advisor are comfortable with the revised plan and the incorporation of wainscoting, and brick veneer materials will complement surrounding homes. PlanningCommism', ~[inutes 14 February 12,1991 >Revised Condition No. 12 imposed to ensure that both structures be built simultaneously, and provide for completion of the foundation of the second home, prior to the move-on of the first home. Chairperson Meyer-Kennedy asked that Condition No. 12 be clarified; and, Mr. Piasecki explained that the intention of the condition requires that the second single-story structure be nearly complete prior to the applicant occupying the first structure. Commissioner Dougherty expressed concern relative to the appearance of the front wall of the two story home; that it would impact the view of the rear neighbor. Mr. Piasecki stated that the applicant has provided a significant setback which will mitigate this. Commissioner Alne presented the Site and Architectural Review Committee report, stating that the applicant addressed the concerns raised by the Commission and has voluntarily improved the project making it an asset to the neighborhood. Mr. Alne stated that Condition No. 12 would assure the City that both structures would be completed, and that the Committee recommended approval. The Chairperson declared the Public Hearing open. Mr. Jay Shemirani, the applicant, addressed the Commission noting his desire to meet the goals established by the Planning Staff regarding completion of both homes simultaneously; however, he requested that he be given enough time to accomplish this. Commissioner Alne noted that additional discussion at the Site and Architectural Review Committee meeting related to the applicant providing a timeline for completion of both homes. Further, Commissioner Alne stated that Mr. Shemirani was unable to specify a timeline, and that staff had suggested a bond to ensure the completion of the project. Mr. Piasecki discussed the intent of the condition and stated that Staff is not suggesting that completion of the two homes occur at the exact same time, only that the second home be well on its way to completion prior to occupancy. Mr. Robert Finch, 2256 Santa Clara Street, representative of Mr. Shemirani, requested clarification of the condition so that both Mr. Shemirani and the City are are of the same understanding. Discussion ensued between Commissioner Alne, Mr. Piasecki and Mr. Finch relating to the condition and it appeared that Mr. Shemirani was still confused regarding the occupancy of the first house. Planning Commis,~'~ linutes 15 February 12,1991 Commissioner Dougherty asked Mr. Shemirani for a estimated timeline and Mr. Shemirani stated that after moving into the first house he could begin the construction of the second house. Mr. Piasecki stated that the expectations are that the site work and foundation work on both parcels be completed at the same time, prior the move-on; and, that the floor, walls, and roof be on the single-family home prior to occupancy. Further discussion continued regarding the intent of Condition No. 12, as follows: >Commission Alne noted that the recommendation from the Site and Architectural Review Committee was based upon completion of both homes, prior of occupancy of either. >Commissioner Wilkinson expressed concern relating to where the applicant would be living during the construction phase, and Mr. Shemirani indicated that he would be living elsewhere. >Discussion between the Planning Director and Commissioner Wilkinson relating to alternatives to the occupancy requirement. >Commissioner Alne and the applicant regarding a specific timeline, suggesting September 1991, for completion of the first house and June 1992, for completion of the second home. >Commissioner Perrine asked about the performance bond and Mr. Shemirani stated that he would have to take out a loan to post a bond. >Commissioners Wilkinson and Alne and Bill Seligrnann, City Attorney, discussed the use of a deed of trust against the property, problems with approving occupancy prior to completion of the project, and, the use of a performance bond. >Mr. Finch discussed the possibility of delaying a performance bond, until the first home is finished. >Commissioner Dougherty requested that a fence be erected over the open foundation to screen the site during construction. Mr. John Madura, 61 E1 Caminito, spoke in support for r the applicatiOn however, requested that the Commission require that both homes be built at the same time. M/S: Dougherty, Wilkinson MOTION TO CLOSE THE PUBLIC HEARING WAS UNANIMOUSLY APPROVED. M/S: Alne, MOTION TO ADOPT RESOLU'rION; NO. 2734, INCORPORATING THE ATTACHED FINDINGS, SUBJECT TO THE CONDITIONS OF APPROVAL, AMENDED TO INDICATE THAT THE OCCUPANCY OF THE FIRST HOUSE WILL NOT BE ISSUED UNTIL SUBSTANTIAL PROGRESS WAS MADE ON THE SECOND HOUSE; AND, WHEN THE FIRST HOUSE IS READY FOR OCCUPANCY IT IS REQUIRED THAT THE SECOND HOUSE BE ACTIVELY UNDER CONSTRICTION; DATES FOR COMPLETION OF THE FIRST HOUSE TO BE OCTOBER 1991 AND THE DATE FOR COM COMPLETION OF THE SECOND PlanningCommissk ,linutes 16 February 12,1991 HOUSE TO BE NOVEMBER 1992, AT THE TIME THE FIRST HOUSE IS OCCUPIED, A PERFORMANCE BOND WILL BE REQUIRED UNTIL COMPLETION OF THE SECOND HOUSE. Commissioner Dougherty was not comfortable with citing specific dates and preferred that occupancy of the first house be subject to completion of the floor, and enclosed walls and roof. Commissioner Alne indicated that he does not intend to hold the applicant in "bondage," that he would prefer to set specific dates and retain the option to extend the dates, if situations arise that require such an extension. Planning Director Piasecki suggested the following wording: "Construction on the first house will commence and be completed within one year," leaving in revised Condition No. 12 which requiring the site and foundation work be completed at the same time. M/S: Alne, Dougherty MOTION TO ADOPT RESOLUTION NO. 2734, APPROVING THE APPLICATION SUBJECr TO THE AMENDED CONDITIONS AS STATED BY STAFF, INCORPORATING A FENCING PLAN DURING CONSTRUCTION, WAS UNANIMOUSLY APPROVED BY THE OLLOWING ROLL CALL VOTE: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Perrine, Wilkinson, Dougherty Meyer-Kennedy None Fox, Higgins 8. TA 91-01 Public Hearing to consider the City-initiated Text Amendment to the City of Campbell's Municipal Code Section No. 20.06.140, relating to extensions of Development Schedules for Planned Development Permits. Chairperson Meyer-Kennedy read the application into the record. Planning Director Steve Piasecki presented the Staff Report, discussed the request by City Council to review all requests for extensions of Planned Development Schedules, and he stated that Staff is recommending approval. The Chairperson declared the Public Hearing open and no one wished to speak. M/S: Dougherty,/kine MOTION TO CLOSE THE PUBLIC HEARING WAS UNANIMOUSLY APPROVED. Ptanning Commissk ·linutes 17 February 12,1991 M/S: Perrine, Alne MOTION TO ADOPT RESOLUTION NO. 2735 RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TEXT AMENDMENT WAS UNANIMOUSLY APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Perrine, Wilkinson, Dougherty Meyer-Kennedy None Fox, Higgins 9. Staff Report Request by the Campbell Redevelopment Agency for adoption of a Preliminary Redevelopment Plan for the Amendment of the Central Campbell Redevelopment Project Area to add territory to the existing project .area. Mr. Marty Woodworth, Redevelopment Manager, presented the Staff Report and requested approval of the preliminary plan which would allow for a public street near McGlincey Lane. Further, he stated that the EIR would return to the Commission six months from now, and that this plan will be before the City Council in March 1991. There was no discussion. M/S: Perrine, Wilkinson MOTION TO ADOPT RESOLUTION NO. 2736 RECOMMENDING APPROVAL OF THE PRELIMINARY REDEVELOPMENT PLAN WAS UNANIMOUSLY APPROVED, 5-0-2, COMMISSIONERS FOX AND HIGGINS BEING ABSENT. 10. M 91-01 Burch Consider the application of Mr. Stephen Burch for approval of a second story addition to an existing single-family residence, on property located at 1195 Colleen Way, in an R-l-6 (Single- Family Residential) Zoning District. The Chairperson read the application into the record. Mr. Randy Tsuda, Senior Planner, presented the Staff Report and reviewed the ordinance relative to addition of a second story element, setbacks, building height, and noted that the Site and Architectural Review Committee had a number of concerns, such as the following: >Consistency relative to the exterior building materials. >Alteration of the west elevation of the second story roof. Planning Co~'~ Iinu~s 18 February 12,1991 >Receipt of a petition from adjoining neighbors opposing the rear setback, which is in compliance current ordinances. >Staff is recommending approval. Commissioner Alne presented the Site and Architectural Review Committee report noting that the Committee requested a more legible plan illustrating that the floor plan meet established building codes, since the stairs for the second story appeared to be outside of the structure, that the exterior treatment of the addition match exiting walls on the main dwelling; and, that the the roofline be readjusted. He stated that the Committee is prepared to approve the request if the Planning Staff finds the submitted plans acceptable. Mr. Tsuda stated that the plans were acceptable, with minor modifications. M/S: Perrine, Alne MOTION OF APPROVE THE SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE, ON PROPERTY LOCATED AT 1195 COLLEEN WAY, WAS UNANIMOUSLY APPROVED, 5-0-2, COMMISSIONERS FOX AND HIGGINS BEING ABSENT. 11. Staff Request by CH2M-Hill to be placed on the City's list of approved environmental consultants. Mr. Randy Tsuda, Senior Planner, presented the request and informed the Commission that Staff finds the firm qualified, and recommended approval. M/S: Perrine, Alne MOTION TO APPROVE REQUEST FROM CH2M-Hill, TO BE INCLUDED ON THE CITY'S LIST OF APPROVED ENVIRONMENTAL CONSULTANTS, WAS UNANIMOUSLY APPROVED, 5-0-2, COMMISSIONERS. FOX AND HIGGINS BEING ABSENT. REPORT OF THE PLANNING DIRECTOR Director of Planning, Steve Piasecki, informed the Commission of the Council's appreciation for referring the development schedule request for property located at 110 Michael Drive, to the City Council. He informed the Commission of Home Depot's application submittal, for property located at 480 East Hamilton. The report of the Planning Director was unanimously accepted. PlanningCommissi~ ~[inu~es 19 February 12,1991 ADJOURNMENT The regular Planning Commission meeting of February 12, 1991, was adjourned at 10:45 p.m, to the next regularly scheduled meeting on February 26, 1991, at 7:30 p.m., in the City Council Chambers, 70 North First Street, Campbell, California. APPROVED: lane P. Meyer-Kennedy Chairperson ATTEST: Steve Piasecki Secretary SUBMITTED BY: Karon Shaban Reporting Secretary