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PC Min 04/09/1991 PLANNING City of Campbell, 7:30 P.M. CITY HALL COUNCIL CHAMBERS COMMISSION California APRIL 9,1991 TUESDAY MINUTES The Planning Commission o£ the Ciiy of Campbell convened this day in regular session in the City Hall Coundl Chambers, 70 Nors First Street, Campbell, California, and the following proceedings were had to wit: Commissioners Present: Chairperson Jane Meyer-Kennedy Commissioner Robert Dougherty Commissioner Jay Perrine Commissioner I. (Bud) Alne Commissioner Alana Higgins Commissioner David Fox, arrives at 7:40 p.m. Commissioners Absent: Commissioner Mark Wilkinson Staff Present: Director of Planning, Steve Piasecki Planner I, Gloria Sciara City Attorney, Bill Seligmann Engineering Manager, Bill Helms Reporting Secretary, Karon Shaban APPROVAL OF THE MINUTES On motion of Commissioner Dougherty, seconded by Commissioner Perrine, the minutes of the Planning Commission meeting of MARCH 26, 1991, were unanimously approved, as submitted, (5-0-2) Commissioners Wilkinson and Fox being absent for the vote. AGENDA MODIFICATIONS OR POSTPONEMENTS The Chairperson brought Item No. 2, PD 91-03 forward and explained that Mr. Peters had requested removal from the Planning Commission calendar. 2. PD 91-03 Peters, J. Public Hearing to consider the application of Mr. John Peters, for approval Planned Development Permit, to allow a 2600 square foot addition to an existing dwelling, and a 1000 square foot detached garage/workshop, on property located at 109 South Phnnin~ Commission Minutes 2 April 9,1991 Fourth Street, in a PD (Planned Development) Zoning District. The Chairperson read the application into the record, and opened the Public Hearing, and asked if anyone wanted to speak. Seeing none, the Chairperson closed the Public Hearing. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Higgins, it was unanimously ordered on roll call vote that Item No. 2, PD 91-03, be removed from the calendar. (5-0-2) Commissioners Wilkinson and Fox being absent for the vote. COMMUNICATIQNS: Director of Planning, 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: 1. A memo from Mr. Tim Haley informing the Commission that the Site and Architectural Review Committee meeting of April 10, 1991, will be cancelled due to lack of agenda items. 2. Revised Conditions of Approval for Item No. 5, temporary sign request, from the Chamber of Commerce, for the Prunefestival. ORAL REOUESTS: There were no oral requests. PUBLIC HEARINGS 1. UP 91-04 Mackie, D. Public Hearing to consider the application of Mr. David Mackie, for approval of a Use Permit Permit to allow the a secondary living unit of 638 square feet, on property located at 1074 Lucot Way, in a R-l-10 (Single-Family Residential Zoning District. (Planning Commission action final, unless appealed.) The Chairperson read the application into the record. Gloria Sciara, Planner I, presented the Staff Report and noted the following: > Applicant's proposal. > Structure was built in 1947, and several modifications were made to the home without permits. > Applicant is required to obtain permits for modifications and pay fines for neglecting to do so previously. Planning; Commission Minutes 3 April 9,1991 Zoning and General Plan consistency. Staff recommends approval with modifications to the porch element and facade. Commissioner Fox arrived at 7:40 p.m. and presented the report of the Site and Architectural Review Committee meeting of April 1, 1991, commenting as follows: > The structure is non-conforming and does not meet current architectural standards. > Committee is not supportive of the proposal. Commissioner Alne presented another view of the Committee's review, as follows: > The structure was built 45 years ago, prior to the City's incorporation, and the design of the structure will not be able to meet 1991 architectural standards. > The applicant invalidated his "grandfather" right by modifying the structure without permits. > The addition does not intrude into the neighborhood. > The applicant has agreed to make recommended changes requested by the Planning Department staff. > The Committee felt that the Planning Commission should make the final decision. Commissioner Alne, further stated that he is supportive of the request. Commissioner Fox pointed out that a decision to support the applicant's request would set a precedent allowing others to make modifications to existing structures without obtaining the necessary permits. Commissioner Alne noted that although the modifications were extensive, that they were done in order to rehabilitate the structure which was infested with termites, and that the existing foot print of the home was followed. In response to Chairperson Meyer-Kennedy's questions regarding payment of penalties and obtaining building permits, Mr. Seligmann, City Attorney, stated that the applicant would be required to pay the fines and obtain the permits regardless of the Commission's action. Commissioner Dougherty and Fox discussed the architectural concerns expressed at the Committee level. Plannin8 Commission Minutes 4 April % 1991 Mr. David Mackie, the applicant, addressed the Commission and noted the following: > His apology for not obtaining the required permits, explaining that he was not aware of the requirement. > That modifications were intended to be minor and were made to address the termite infestation, however, as the rehabilitation of the structure occurred, additional infestation was discovered and had to be addressed. The Chairperson declared the Public Hearing open. Mr. Chet Mallory, 1073 Lucot Way, addressed the Commission noting his support of the addition, and that the modifications done by Mr. Mackie are a great improvement to what previously existed on the site. Mr. Doug Wilson, 1067 West Parr, addressed the Commission in support of the project, noting that he lives directly behind Mr. Mackie. MOTION: On motion of Commissioner Perrine, seconded by Commissioner/kine, it was unanimously ordered that the Public Hearing be dosed. Commission Discussion: Commissioner Fox stated that he would support the project, since it would not be appropriate to demolish the home and that the applicant's intent was only to rehabilitate the structure. Other Issues brought up by the Commission: He suggested that the Commission review a policy to prevent applicants from making major modifications to homes and then requesting approval at a later date. Commissioner Alne concurred with the above mentioned suggestion, and noted his support for the project. Commissioner Dougherty requested that a condition be added requiring that the new structure occupy the same foot print as the existing structure. MOTION: On motion of Commissioner Alne, seconded by Commissioner Perrine, it was unanimously ordered that Resolution No. 2742 be adopted, incorporating the attached findings, subject to the conditions of approval as recommended by staff, and Planning Commission Minutes 5 April 9,1991 adding the condition that the new structure occupy the same foot print as the existing structure, approving UP 91- 04, by the following roll call vote: AYES: Commissioners: Alne, Higgins, Perrine, Dougherty, Fox, and Meyer-Kennedy NOES: Commissioners: None. ABSENT: Commissioners: Wilkinson M 91-03 (UP 84-09) Salvador, J. Public Hearing to consider the application of Mr. Joe Salvador, for approval of a modification to a previously approved Use Permit allowing a three- year extension of the use, for properties located at 238 and 246 Railway Avenue, in a PD (Planned Development) Zoning District. (Planning Commission Action final, unless appealed.) The Chairperson read the application into the record. Gloria Sciara, Planner I, presented the Staff Report and noted the following: > Applicant's proposal for a three-year extension > Previous extension. > Conditions requiring City Council ratification of Commission action. > Redevelopment Department is supportive of the extension request, with a six month notice to vacate ,if necessary. Use Permit consistency. > Staff recommends approval. Commissioner Fox reported on the Site and Architectural Review Committee meeting of April 1, 1991, stating that with the six month notice to vacate policy, the Committee is recommending approval. The Chairperson declared the Public Hearing open. No one wished to speak. MOTION: On motion of Commissioner Alne, seconded by Commissioner Perrine, it was unanimously ordered that the Public Hearing be dosed. MOTION: On motion of Commissioner Perrine, seconded by Commissioner Alne, it was unanimously Plannin~ Commission Minu~s 6 April 9,1991 AYES: NOES: ABSENT: ordered that Resolution No. 2743, be adopted, approving M 91-03, by the following roll call vote: Commissioners: Alne, Higgins, Perrine, Dougherty, Fox, and Meyer-Kennedy Commissioners: None Commissioners: Wilkinson 4. UP 91-05 Petersen, J. Public Hearing to consider the application of Ms. Jeri Petersen, on behalf of Fresh Choice, Inc., for approval of a Conditional Use Permit to allow a beer and wine license, in conjunction with a 7000 square foot restaurant, on property located at 1650 - 1750 South Bascom Avenue, in a C-2-S (General Commercial) Zoning District. The Chairperson declared the Public Hearing open. Mr. Steve Piasecki, Director of Planning, presented the staff report noting the following: > The parking study supports the fact that the deficit will not negatively impact the project area and staff is comfortable with that parking would not be a problem. > Staff is recommending approval. Commissioner Fox presented the Site and Architectural Review Committee report of April 1, 1991, stating that the Committee is delighted to see a Fresh Choice restaurant at the location proposed. The Committee recommended approval. The Chairperson opened the Public Hearing on UP 91-05. No one wished to address the Commission on this issue. MOTION: On motion of Commissioner Perrine, seconded by Commissioner Dougherty, it was unanimously ordered that the Public Hearing be dosed. MOTION: On motion of Commissioner Fox, seconded by Commissioner Dougherty, it was unanimously ordered that Resolution No. 2744, with findings and Plannin~ Commission Minutes 7 April 9,1991 AYES: NOES: ABSENT: conditions be adopted, approving UP 91-05, by the following roll call vote: Commissioners: Alne, Higgins, Perrine, Dougherty, Fox, and Meyer-Kennedy Commissioners: None Commissioners: Wilkinson MISCELLANEOUS Signing Request Chamber of Commerce Consideration of the application of the City of Campbell Chamber of Commerce for approval of a 90 square foot banner sign, at the comer of Winchester Boulevard and Latimer Avenue, advertising the Prunefestival. Gloria Sciara, Planner I, presented the staff report noting the following: > Reason Commission action is required is due to excess signage. > This is the 12th annual Prunefestival. > Addition of a condition requiring that a second emergency number be available to the City. There was minor Commission derision regarding the banner sign on Winchester Boulevard and Latimer Avenue. Chairperson Meyer-Kennedy requested that efforts be made to ensure that the banner sign located there does not turn upside down in the wind. MOTION: On motion of Commissioner Fox, seconded by Commissioner Dougherty, it was unanimously ordered that the temporary sign request be approved. (6-0-1) Commissioner Wilkinson being absent for the vote. REPORT OF THE PLANNING DIRECTOR The Report of the Planning Director was accepted. ADIOURNMENT Plannins: Commission Minutes 8 April 9,1991 On motion of Commissioner Fox, seconded by Commissioner Dougherty, it was unanimously ordered that the Planning Commission meeting of April 9, 1991, be adjourned at 8:05 p.m., to the next regularly scheduled Planning Commission meeting of April 23, 1991, at 7:30 p.m., in the City Council Chambers, 70 North First Street, Campbell, California. APPROVED: I. P. Meyer-Kennedy Chairperson SUBMITTED BY: Karon Shaban Reporting Secretary ATTEST: Steve Piasecki Secretary