PC Min 05/14/19917:30 P.M.
PLANNING COMMISSION
City of Campbell, California
CITY HALL COUNCIL CHAMBERS
TuESDAy
MINUTES
MAY 14, 1991
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, 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
Commissioner Mark Wilkinson
Commissioners Absent:
None.
Staff Present:
Director of Planning, Steve Piasecki
City Attorney, Bill Seligmann
Engineering Manager, Bill Helms
Reporting Secretary, Karon Shaban
APPROVAL OF THE MINUTES
On motion of Commissioner Dougherty, seconded by Commissioner Wilkinson,
the minutes of the Planning Commission meeting of April 23, 1991, were
unanimously approved, as submitted, (6-0-1) Commissioner Fox abstained,
due to his absence.
COMMUNICATIONS:
Director of Planning, Steve Piasecki informed the Commission that communications received
Plannin5 Comroi~ Minu~-s 2 May 14,1991
were included in the Commission packets and pertain to items on the agenda. The following
communications were received after the packets were distributed:
· Memo from staff revising recommendation for Item No. 2.
· Letter from Chet Mallory, requesting removal from calendar for Item No. 3.
ORAL REQUESTS:
Mr. Arthur Gonzales spoke to the Commission about the 'Open Doors Project," located at 635
West Parr Avenue, in Los Gatos. Mr. Gonzales expressed opposition due to the following
concerns:
· The property adjoins a residential district in Campbell.
· That Campbell residents in the area were not properly represented.
· Density is too intense for the area.
· Non-compatible with the surrounding neighborhoods.
Mr. Piasecki informed Mr. Gonzales that the City has transmitted the following concerns to the
Town of Los Gatos:
· Traffic circulation.
· Provision of ample parking.
Chairperson Meyer-Kennedy requested*that staff prepare a report in response to Mr. Gonzales'
comments, and that the report be agendized for the May 28, 1991, Planning Commission
meeting.
AGENDA MODIFICATIONS OR POSTPONEMENTS
Item No. 3 was heard at this time due to the applicant's request for removal from calendar.
PUBLIC HEARINGS
3. UP 91-08
Mallory, C.
Public Hearing to consider the application of Mr. Chester
Mallory, for approval of a Use Permit, to allow a
second-story addition to an existing nonconforming single-family
dwelling, on property located at 1073 Lucot Way, in an R-1-10 (Single-
Family Residential) Zoning District.
Chairperson Meyer-Kennedy read the application into the record, and opened the Public
Hearing on UP 91-08. No one wished to speak.
MOTION: On motion of Commissioner Fox, seconded by Commissioner Dougherty,
it was unanimously ordered that the Public Hearing be closed.
MOTION:
On motion of Commissioner Fox, seconded by Commissioner
Dougherty, it was unanimously ordered that UP 91-08 be removed
from calendar.
Planninl5 Commission Minutes 3 May 14,1991
1. M 91-04
Wix, A.
Public Hearing to consider the application of Mr. Allen
Wix, on behalf of Shell Oil Company, for approval of a modification to a
previously approved Conditional Use Permit to allow the remodel of an
existing service station to a (24 hour) convenience store; and, approval
of a beer and wine license, for properly located at 2855 South Winchester
Boulevard, in a C-2-S (General Commercial) Zoning District.
The Chairperson read the application into the record.
Director of
Planning, Mr. Steve Piasecki, presented the Staff Report and noted the following:
Exhibits.
Applicant's request for remodel of current structure, to sell beer and wine, and to
operate on a 24-hour basis.
Location of the property.
Surrounding properties, and zoning designations.
Parking, landscaping and buffering measures.
Police Department offered no negative response to the request.
The applicant revised the site plan addressing concerns of staff and the Site and
Architectural Review Committee.
Petition included in the staff report from local residents regarding opposition to the
proposal was due to the sale of beer and wine in conjunction with the sale of gasoline.
Staff recommendation: Approval with the following conditions:
a. That the hours for the sale of beer and wine be limited to off-sale only;
and,
b. That the sale be limited to 7:00 a.m. until 2:00 a.m.
Commissioner Alne and Mr. Piasecki discussed background material of the staff report relating
to variance and building placement.
Commissioner Dougherty reviewed similar previously approved applications. He suggested,
with respect to fairness, that this application be given the same limitations relating to hours for
sale of beer and wine as similar proposals.
Discussion ensued between Commissioners and the Director relating to the surrounding zoning
and uses.
Commissioner Fox reported on the Site and Architectural Review Committee meeting of May 1,
1991, and noted the following discussion:
· Width of driveways.
· Landscaping.
· Concern relating to the proposed yellow banding. He reminded the Commission of a
similar application where the Commission eliminated the colored banding because it
was too much like signage.
Commissioner Fox examined the revised plans pointing out that the Committee's concerns were
addressed, except for the yellow banding. The Committee recommendation: Approval if the
Plannin~ Cornroi.,~n Miouu,a 4 May 14,1991
yellow banding was eliminated.
Commissioner Dougherty suggested that the applicant move the building into alignment with the
adjacent 7-Eleven Business.
Director Piasecki noted that the building currently exists and should not be moved. He said that
the applicant has agreed to eliminate the fence, which will provide an opening between the 7-
Eleven and the Shell station.
Mr. Allen Wix, Architect for Shell Oil Company, addressed the Commission expressing the
following concerns:
Reduction of the proposed driveway would create improper circulation patterns for
trucks delivering gasoline to the station. He requested that an additional 5 feet be
provided for this purpose.
Recommended landscaping near the entrance to the mini-market be eliminated.
Landscaping would be subject to pedestrian traffic and trampled or tripped over.
Prefers leaving the yellow wainscoting around the bottom of the building since it is
representational of the Shell Oil Company.
The Chairperson declared the Public Hearing open.
Commission Comment:
Commissioner Wilkinson and the applicant discussed delivery truck circulation.
Public Comment:
Mr. John Erickson, Shell Oil Company Representative, added the following comments to Shell
Oil's presentation:
· Truck drivers have requested more space for entering the business.
· The yellow wainscoting is important to Shell Oil; and, that the color could be muted.
Mr. Ed Aki, 875 West Sunnyoaks, expressed concern regarding current traffic congestion in the
area.
Mrs. Rose Dina, 1017 Virginia Avenue, expressed the following concerns: · Current traffic congestion.
· Inadequate parking.
· The sale of alcohol in conjunction with gas.
Commissioner Fox discussed the proposed parking, noting that parking concerns will be
mitigated.
Mr. Greg Lambright, 398 Bellville Avenue, Suite 305, Oakland, Architect for Shell Oil
Company, addressed the following concerns:
· Truck circulation - truck drivers will attempt to deliver gas during non-commute
hours.
Planning CommL _,~on Minutes 5 May 14,1991
That the recommended landscape strip will impede truck movement.
Placement of landscaping between parking area and where patrons walk poses
potential danger.
The proposal is for the gas station Io close gas sales after the hour of ten o'clock and
stop the sale of beer and wine after 2:00 a.m.
Director of Planning, Mr. Piasecki asked Mr. Lambright how many trucks would be delivering at
the station, and at what times.
Mr. Lambright stated that truck drivers prefer to deliver during the evening hours; and, that
approximately three to four trucks expected per week.
Mr. Piasecki explained to the architect that staff's intention, relative to the landscaping, is to
move the traffic as far away from the intersection as possible, Staff is interested in working
with the architect to avoid problems with circulation,
Chairperson Meyer-Kennedy suggested adding a condition that limited the hours for gasoline
delivery.
Mr. Lambright informed the Commission that the dealer understands the traffic concerns and
will attempt to avoid rush hour traffic.
Ms. Melani Cabrell, 150 Knowles Drive, Los Gatos, expressed concern regarding traffic waiting
to access the gas station/mini-market. She asked why two convenience stores should be
approved at the same location.
Mr. Lambright explained that the cars currently being parked in the lot for repair will no
longer be at the site, and that this would provide more room for parking and better circulation.
MOTION:
On motion of Commissioner Perrine, seconded by Commissioner
Alne, it was unanimously ordered that the Public Hearing be
closed.
Commissioner Perrine moved to approve the project with amendments relating to the site plan
returning to the Site and Architectural Review Committee, and modification of the yellow
banding color.
There was no second to the motion since Commissioners were not in agreement relative to the
yellow banding concerns and discussion ensued.
Commissioner Wilkinson concurred that staff should work with the applicant regarding the
circulation and landscaping issues and expressed concern, as follows:
· Opposition to the sale of gas in conjunction with the alcohol. However, he stated that
if the mini-mart could not sell alcohol, a patron would walk to the 7-Eleven store to
purchase it.
· Opposed the yellow wainscotting, since it was too much like signage.
· Supported limiting the sale of alcohol from 7:00 a.m. until 2:00 p.m.
Plannin~ Cornmi~ ~,~don Minutes
6 May 14,1991
Commissioner Dougherty concurred with Commissioners Wilkinson and Fox relative to the
yellow wainscoting, and discussed the following:
· Requested that staff review previously approved similar uses relating to limiting the
sale of alcohol from 6:00 a.m. until 10:00 or 11:00 p.m.
· Supported moving the building back.
· Supported allowing staff to revise the circulation and landscaping plans.
· Opposed alcohol sales in conjunction with the sale of gasoline.
Commissioner Alne expressed that:
· Allowing large corporations to place sign-type logo colors on their buildings would
not be fair to smaller businesses that could not afford similar signage. He stated that
he would not support the yellow banding.
· Noted that the State Law limits the sale of alcohol after 2:00 a.m., and reminded the
Commission that the Police Department had no problems with the requested hours.
· Concurred that a standard should be set in the City relating to alcohol sales in
conjucntion with gas sales.
Commissioners Fox and Higgins agreed that a standard should be set regarding hours for alcohol
sales in conjunction with gasoline sales, and indicated support for allowing staff to revise
driveway and landscaping issues.
Chairperson Meyer-Kennedy called a brief recess at 8:35 p.m., to allow staff to review
previously approved similar projects. The meeting was reconvened at 8:50 p.m., with all
Commissioners and Staff present.
Director of
Planning, Mr. Steve Piasecki reviewed the similar approved projects as follows:
The previously approved ARCO Station, located at Winchester Boulevard and Campbell
Avenue had hours for beer and wine sales limited to 11:00 p.m., that later the
applicant requested to be allowed to sell alcohol until 2:00 a.m., and that it was
approved since the project was not contiguous to residential properties.
Service Station located on Salmar and Hamilton Avenues limited sales of alcohol from
6:00 a.m. until 11:00 p.m., again, the station did not abut residential properties.
Rotten Robbies located on Hamilton Avenue was approved from 6:00 a.m. until 11:00
p.m.
MOTION:
On motion of Commissioner Perrine, seconded by Commissioner
Higgins, it was unanimously ordered that Resolution No. 2747
be adopted, approving M 91-04, amended as follows: 1)
elimination of yellow wainscoting, 2) driveway access and
landscaping to be worked out between Planning Director and
Applicant, and, 3) hours for the off-sale of beer end wine limited
to 7:00 a.m. until 11:00 p.m., by the following roll call vote:
Plannin[5 Commission Minutes 7 May' 14,1991
AYES:
NOES:
ABSENT:
Commissioners: Alne, Higgins,
Meyer-Kennedy
Commissioners: None.
Commissioners: None.
Perrine, Wilkinson, Dougherty, Fox,
2. DDP 91-01
Kanady, K.
Public Hearing to consider the application of Mr. Keith
Kanady, on behalf of the Campbell Diner, for approval of a Downtown
Development Permit, to allow a 45 seat restaurant in an existing
commercial building, on property located at 422 East Campbell Avenue,
in a C-3-S (Central Business) Zoning District.
The Chairperson read the application into the record.
Director of
Planning, Steve Piasecki, presented the Staff Report and noted the following:
Applicant's proposal.
Location of the property.
Previous City Council approval.
Zoning and General Plan consistency.
Staff recommendation: Approval with a request that the property owner participate
in a parking district.
Revised Staff Recommendation.
The applicant, Mr. Keith Kanady, addressed the Commission requesting approval of the proposed
45 seats. Further, he noted the following:
· The property owner has informed him that he is willing to sign an agreement to
participate in a parking district.
· He felt it was inappropriate that the parking agreement is requested for 20 years and
that the use is to be reviewed in 2 1/2 years.
Commissioner Fox suggested recommending approval for the life of the business.
City Attorney, Bill Seligmann stated that approval cannot be restricted to a specific business
owner.
Mr. Piasecki explained that Condition No. 4 was part of the original agreement and could be
deleted.
Chairperson Meyer-Kennedy requested that the first sentence in paragraph 4 be retained and
that the second sentence relating to the 2 1/2 year review be deleted.
Commissioner Alne suggested that the Conditions of Approval reflect this change as well.
Mr. Kanady informed the Commission that approximately 80 percent of his business comes from
local merchants, and that parking is not an issue. Further, stated that he has to turn patrons
away on a daily basis, due to the limited seating.
Plarmin~; Commi.,~don Minut0es 8 May 14,1991
The Chairperson declared the Public Hearing open.
Mr. Robert Hicks, property owner of 43 Harrison Avenue (parking lot), expressed concern
regarding the increase in seating, as follows:
· Patrons of downtown merchants park in his lot and currently he is the defendant in a
lawsuit because someone got hurt walking through his property.
· Six years ago he placed a fence around the property due to a large hole that appeared
in the ground and the previous Planning Director requested that the fence be
removed.
· He stated that he posted a sign notifying people using the parking area that they are
liable for accidents, however, he is still being sued for the above-mentioned site
related injury.
· Local merchants are not liable, since they do not own the property where their
patrons park.
· Noted that he is not opposed to the business, but requested a solution to the liability
problem.
Director of Planning, Mr. Piasecki, stated that downtown business people use the restaurant and
that parking is not a problem at this site, however, he thanked Mr. Hicks for his input.
MOTION:
On motion of Commissioner Fox, seconded by Commissioner
Dougherty, it was unanimously ordered that the Public Hearing be
closed.
MOTION:
On motion of Commissioner Fox, seconded by Commissioner
Dougherty, Resolution No. 2748 was adopted, recommending that
City Council ratify Planning Commission action and approve DDP
91-01, amending it to eliminate the 2 1/2 year review, by the
following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners: Alne, Higgins,
Meyer-Kennedy
Commissioners: None.
Commissioners: None.
Perrine, Wilkinson, Dougherty, Fox,
MISCELLANEOUS
4. M 91-05
Mitchell, N.
Consider the application of Mr. Norris Mitchell
to allow a second-story addition to an existing single-family residence, on
property located at 1009 Virginia Avenue, in an R-1-6 (Single-Family
Residential) Zoning District.
The Chairperson read the application into the record.
9 May ~4, ~99~
Director of
Planning, Steve Piasecki, presented the Staff Report and noted the following:
Applicant's proposal.
Set backs.
Site layout.
Staff opinion that the addition is overwhelming.
Requests made to the applicant to revise the plans and resubmit them was
disagreeable to the applicant.
Staff recommendation: Denial of the proposal, as submitted.
Commissioner Fox reported on the Site and Architectural Review Committee meeting of May 1,
1991, commented as follows:
· Concerns related to mass and size of the proposed second-story addition.
· The addition would be detrimental to adjoining neighbors relative to light and air.
· The Committee recommendation: Denial, as presented.
Commissioner Perrine asked if the applicant had indicated willingness to revise the plans, and
in response, Commissioner Fox indicated that the applicant did not because there are currently
2 two-story homes in the vicinity. However, those homes do have larger yards and setbacks.
Commissioner Alne pointed out that the applicant was offered several alternatives, and seemed
unwilling to work with the Committee.
The Chairperson declared the Public Hearing open.
The applicant Mr. Norris Mitchell, addressed the Commission noting the following: · Several alternative plans were reviewed and found not to be feasible or economical.
· Offered to break up the building massing by adding banding along the long wall.
Commissioner Perrine asked if the applicant would consider a continuation to explore other
design options.
Mr. Mitchell responded that other options were not agreeable because the owners wish to retain
the cathedral ceiling in the living room; that placement of the addition anywhere would create
the similar problems with regard to impacts relating to light and air of neighboring properties;
and that the problem exists due to the irregular shape of the lot.
Commissioner Perrine suggested that the applicant consider a continuance, since he could not
support the current proposal.
Discussion relating to floor area ratio and massing was discussed by Commissioners and staff.
Planning Director Piasecki noted that the north wall is 68 feet long and will cast a shadow on the
home next door.
Plannin~ Commission Minutes
10 M~¥ 14,1~91
Public Comments:
Mr. Alan Dina, 935 Lovell Avenue, owner of property common to the proposed extension,
opposed the proposal for the following reasons:
· It would place a 30 foot wall outside his living room bay window.
· After review of the plans, he noticed that placement of a deck along the second story
would give the Subject property owners a view of his entire yard.
· The deck would greatly impact the marketability of his home.
· Other two-story homes in the neighborhood do not have limited side yard setbacks, as
this one does.
· He pointed out that the plans do not illustrate the satellite dish located on the
southern corner of the roof top.
Lynn M. Boyd, 936 Lovell Avenue, opposed the proposal for the following reasons:
· Her home is located at a lower elevation than most homes in the area, and the size of
the expansion would greatly impact her light, air and privacy.
· Noise levels need to be buffered.
Mr. Ed Aki, 875 West Sunnyoaks, expressed concern that his back yard will be in full view of
the second-story, and that his light and air will be greatly impacted.
Mrs. Rose Dina, 1017 Virginia Avenue, opposed the project due to the size of the proposed
expansion.
Mr. Mitchell stated that wherever the second-story is placed the residents of the proposed
project will still be able to look into neighboring property owners' yards.
Commissioner Alne asked if the applicant had plans to relocate the satellite dish and Mr. Mitchell
stated that he did not.
Discussion ensued between Commissioners Wilkinson, Fox and the applicant relating to
modification of the plans.
MOTION:
On motion of Commissioner Perrine, seconded by Commissioner
Fox, it was unanimously ordered that the M 91-05 be deferred to
the next Site and Architectural Review Committee meeting to
Investigate alternative solutions, subsequently returning to the
regular Planning Commission meeting of June 25, 1991, for
action.
REPORT OF THE PLANNING DIRECTOR
The written report of the Planning Director was accepted. Planning Director Piasecki reminded
the Commission of the Joint Community Design Study, scheduled for May 16, 1991, at the
Community Center, 1 West Campbell Avenue, at 4:00 p.m.
Plannins Commission Minutes 11 May 14,1991
Chairperson Meyer-Kennedy initiated discussion of the status of projects located at 50 Catalpa
Lane and 410 West Sunnyoaks Avenue.
Director Piasecki updated the Commission regarding these applications.
ADJOURNMENT
The meeting adjourned at 9:40 p.m., to the Joint Community Design Study, to discuss future
community design issues, and the Trammel Crow project, on May 16, 1991, 4:00 p.m., at the
Community Center, located at 1 West Campbell Avenue, subsequently, adjourning to the next
regularly scheduled Planning Commission meeting of May 28, 1991, at 7:30 p.m., in the City
Council Chambers, 70 North First Street, Campbell, California.
Respectfully Submitted by: _~aron
Reporting Secretary
APPROVED: Jane P. Meyer-Kennedy
Chairperson
ATTEST: Steve T. Piasecki
Secretary