Loading...
PC Min 06/11/19917:30 P.M. PLANNING COMMISSION City of Campbell, California CITY HALL COUNCIL CHAMBERS TUESDAY June 11,1991 MINUTES 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: Commissioners Absent: Staff Present: Chairperson Jane Meyer-Kennedy Commissioner Robert Dougherty Commissioner Jay Perrine Commissioner I. (Bud) Alne Commissioner David Fox Commissioner Mark Wilkinson (arrived at 8:15 p.m.) Commissioner Alana Higgins Director of Planning, Steve Piasecki Senior Planner, Randy Tsuda Planner II, Tim Haley Planning Assistant, Gina Garcia-Hunter City Attorney, Bill Seligmann Engineering Manager, Bill Helms Reporting Secretary, Karon Shaban Assistant Reporting Secretary, Lisa Burrus APPRQVAL OF THE MINUTES On motion of Commissioner Fox, seconded by Commissioner Perrine, the minutes of the Planning Commission meeting of May 28, 1991, were unanimously approved, as submitted, (5-0-2), Commissioners Wilkinson and Higgins being absent. COMMUNICATIONS: Director of Planning, Steve Piasecki informed the Commission that communications received were included in the Commission packets and pertain to items on the agenda. Communications received later were noted, as follows: 1. Letter from Mary True, Saratoga Investment Company, dated June 11, 1991, regarding Item No. 8, Tiny Tots. Letter from Tiny Tots Diaper Service, dated June 10, 1991, regarding Item No. 8, Tiny Tots. 3. Revised Findings for Item No. 1, UP 91-11, 1875 South Bascom Avenue. ORAL REQUESTS: There were no oral requests. AGENDA MODIFICATIONS OR POSTPONEMENTS The following items were considered at the beginning of the meeting: PD 90-07 Trammell Crow Public Hearing to consider the application of Trammell Crow Residential South Bay Associates, Inc., for a Planned Development Permit to construct a 348 unit multiple- family residential project on a 12.4 acre site, located at 500 Railway Avenue, in a PD (Planned Development) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Mr. Steve Piasecki, Director of Planning, informed the Commission that Trammell Crow Residential South Bay Associates, Inc., has requested to be removed from calendar, in order to be re-advertised and heard at a later date. MOTION: On motion of Commissioner Perrine, seconded by Commissioner Fox, it was unanimously ordered that PD 90-07 be removed from calendar. 10. E 91-01 Penny, W. Continued Public Hearing to consider the application of Mr. and Mrs. Walter Penny, for an exception to the Satellite Dish Ordinance, to allow an existing non- conforming satellite dish, on property located at 303 Virginia Avenue, in an R-l-6 (Single-Family Residential) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Mr. Randy Tsuda, Senior Planner, presented the staff report noting the following: Discussion from the Site and Architectural Review Committee, and concluded that approval should be granted since relocation would be unreasonable. Staff recommends approval. Commissioner Alne presented the Site and Architectural Review Committee meeting discussion of May 29, 1991, as follows: · Discussion regarding the potential painting of the satellite dish concluded that the dish was not visible enough to impact surrounding neighbors and that painting was not necessary. · Relocation of the dish would impact reception and be too costly. · The Committee recommends approval. Chairperson Meyer-Kennedy opened the public hearing on E 91-01. public Comment: There was no public comment. MOTION: On motion of Commissioner Alne, seconded by Commissioner Fox, it was unanimously ordered that the Public Hearing be closed. MOTION: On motion of Commissioner Alne, seconded by Commissioner Dougherty, it was unanimously ordered that E 91-01, be approved allowing an exception to the existing satellite dish ordinance, subject to Conditions of Approval, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioner: Alne, Perrine, Dougherty, None Higgins, Wilkinson Fox Meyer-Kennedy UP 91-11 Fabisco Industries, Inc. Public Hearing to consider the application of Fabisco Industries, Inc., for approval of a Use Permit to allow a beer and wine license in conjunction with an existing restaurant, on property located at 1875 South Bascom Avenue, in a C-2-S (General Commercial) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Gina Garcia-Hunter, Planning Assistant, presented the staff report noting the following: · Revised findings for approval. · Applicant's request. · Location of the proposal. Planning Commission Minutes 11, 1991 4 June There are currently 10 establishments within the Pruneyard that have a beer and wine license. Consistency with the General Plan and Zoning Designation. Staff is recommending the license be restricted to allow the sale of beer and wine to restaurant customers only. Chairperson Meyer-Kennedy opened the public hearing. public Comment: There was no public comment. Commission Discussion: There was no Commission discussion. MOTION: On motion of Commissioner Fox, seconded by Commissioner Perrine, it was unanimously ordered that the Public Hearing be closed. MOTION: On motion of Commissioner Perrine, seconded by Commissioner Fox, it was unanimously ordered Resolution No. 2752 be adopted, approving UP 91-11, subject to the Conditions of Approval, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Perrine, Dougherty, None Higgins, Wilkinson. Fox, Meyer-Kennedy M 91-06 (PD 73-04) Weiner, W. Public Hearing to consider the application of Mr. William Weiner, for approval of a modification to a previously approved Planned Development Permit, allowing remodel of an existing 3500 square foot warehouse/office building, on property located at 20/28 Railway Avenue, in a PD (Planned Development) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Mr. Tim Haley, Planner II, presented the staff report noting that staff is recommending a continuance of the item, to the Planning Commission meeting of June 25, 1991, due to the following concerns: · Deficit of on-site parking. · Accessibility of interior parking. Planning Commission Minutes 5 June 11, 1991 Poor traffic visibility from the driveway. Commissioner Fox presented the Site and Architectural Review Committee meeting discussion of May 29, 1991, as follows: · The Committee felt that the site would be upgraded with the approval of this application, relative to landscaping, signage and facade. · The Committee recommended approval if the applicant will address the concerns, noted above, by staff. Chairperson Meyer-Kennedy opened the public hearing. There was no public comment. Commission Discussion: There was no Commission discussion. 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 Alne, it was unanimously ordered that the public hearing be continued to June 25, 1991. City Attorney, William Seligmann, advised the Commission to re-open the public hearing in order to continue this application. MOTION: On motion of Commissioner Fox, seconded by Commissioner Dougherty, it was unanimously ordered that the Public Hearing be re-opened, and that M 91-06 be continued to the Planning Commission meeting of June 25, 1991. GP 91-03\ Public Hearing to consider the City-initiated application TA 91-03 to consider a General Plan Amendment to the Land City-Initiated Use Element of the General Plan; and, a Text Amendment to Section 21.06.010 of the Municipal Code, establishing a Density Transfer Policy. Chairperson Meyer-Kennedy read the application into the record. Mr. Steve Piasecki, Director of Planning, presented the staff report noting the following: Plannin~ Commission Minutes 6 June 11, 1991 That the application is before the Commission because the City Council requested a review of the San Tomas Policy, and the review presented a need to establish a mechanism to review variations in the density for that area. That the intent is to allow payment of a higher Parks Dedication Fee in exchange for higher allowable density. The higher fees will be used to acquire park lands within a 15 year period of time, in or near the neighborhood where a density transfer is approved. No more than 10 percent density bonus would be allowed. That staff recommendation is to continue the item for preparation of the final draft, after having received public input. (~ommission Discussion Commissioner Perrine asked how the 10 percent increase in density was established. Mr. Piasecki stated that 10 percent is an appropriate increase and a simple concept to apply. Commissioner Dougherty expressed concern relating to the 15 year time specified for acquisition of park lands. Discussion ensued between Commissioners and staff relating to: · The relationship between the areas where fees are collected and where park lands are purchased. · Relationship between current market prices for land and future market rates. · Availability of park lands now and in the future. · Proposed calculation for density bonus for land. · Importance of identifying a rule to provide park lands in neighborhoods where the density bonus was granted. Chairperson Meyer-Kennedy opened the public hearing. public Comment: The following persons spoke in opposition to the proposed Density Bonus Ordinance: · Mr. Phillip Driver, 1359 Juanita Way. · Ms. Jeanna Linafelter, 1250 Capri Drive. · Mr. Christopher O'Laughlin, 1058 Shamrock Drive, President, Quito Little League. · Mr. Ivo Waher, 1826 Estrellita Avenue. · Mr. Thomas O'Kieff, Estrellita Avenue. Commissioner Wilkinson arrived at 8:15 p.m. · Mr. Richard Taborek, 1441 Walnut Drive. The following concerns were raised: Planninl~ Commission Minutes 7 June 11, 1991 Proposed language for the ordinance is not specific, more details are needed. Policy needs more study. Traffic impacts created by this project, as well as bordering cities' projects, specifically the high density project recently approved by the Town of Los Gates, on West Parr Avenue. The City of Campbell will acquire money to purchase park land, but there will be little land available for parks in the future. Concern relating to PD zoning in the San Tomas Area. Supported preserving the San Tomas Policy. The argument that this policy is intended to preserve hillsides is invalid since Campbell is relatively flat. Property owners purchased their property in a Iow density area, and if this policy is adopted, the property owner will lose their Iow density standing. If the developer purchases the land at current rates, the City will have to pay for the land at future rates. A provision needs to be established that ensures that the exchange of money for land will be sufficient to provide for of purchase park lands in the future. Support for the current General Plan and fear that this policy would set a precedent below San Tomas Policy standards. Exceptions to the policy are currently too commonplace. Requested an estimate of how many applications would be requesting a density transfer Assumption that the proposed policy was placed on the agenda specifically for Andarch and Associates. The proposed transfer policy is discriminatory to landowners, since a developer could apply for a density transfer for a PD Zoning, and that a landowner could not. Director of Planning, Mr. Steve Piasecki, estimated that very few developers would request a density transfer, and admitted that this policy was brought before the Planning Commission due to the application of Andarch and Associates. Commissioner Perrine noted that this policy would not apply to properties of less than 6,000 square feet, and that the Commission appreciates suggestions from the City residents. Commissioner Alne expressed an interest in providing language that would not be discriminatory to landowners; that property owners that are interested in density transfer should have the same rights as developers, and, the Commission concurred. Mr. Piasecki explained that a property owner could qualify for a density transfer if he fit the guidelines established for it. Commissioner Alne expressed concern on the lack of limits establishing a time frame for the purchase of park lands. Planning Commission Minutes 8 June 11, 1991 Responding, Mr. Piasecki stated that when the City incurs funds, it places those funds in a money bearing account to gain interest. Commissioner Dougherty suggested the use of other City funds to purchase available open space now. In response, Mr. Piasecki stated that the City is interested in acquiring school sites to be used for open space. Further, Commissioner Dougherty pointed out that the San Tomas Area was previously zoned at a higher density, and, that it was the City that initiated larger lot size zoning for the San Tomas area, and that the City initiated the current study as well. Continued Public Comment Mrs. Mildred Dienstbier, 1391 Capri Drive, spoke in opposition of the project. Commissioner Perrine outlined specific issues that need to be drafted into the proposed ordinance, as follows: · That funds received will be placed in interest bearing accounts. · Estimation of how many applications for density transfers are expected. · Address the time frame concerns. Additional Public In.out Mr. Phillip Driver reminded the Commission that they should represent the public and the neighborhood who have expressed opposition to this policy. Lengthy discussion between the Commissioners, staff and the public ensued relating to this proposal. On direction of the Chairperson, and with the general consensus of the Commission, GP 91-03/TA 91-03 was continued to the regular Planning Commission meeting of June 25, 1991, due to its relationship with the next two items. GP 91-04 Public Hearing to consider the City-initiated application City-Initiated for an amendment to the Circulation Element of the General Plan reviewing the street classification of West Hacienda Avenue, between Burrows Road and Abbott Avenue, and the elimination of a possible extension of Harriet Avenue to Abbott Avenue. Chairperson Meyer-Kennedy read the application into the record. Director of Planning, Steve Piasecki, presented the staff report noting the following: · There are two parts of the application, 1) consideration of street Planning Commission Minutes 9 June 11, 1991 improvements, and, 2) reclassification of the street. Staff feels that the specified section of Hacienda Avenue is clearly a Class I Collector Street and should be reclassified as such. Recommended changes would be to establish a lesser street width for this segment of West Hacienda Avenue in order to maintain a "rural character" in this neighborhood. Commissioner Wilkinson asked Mr. Piasecki to expand on the Abbott Avenue extension from Harriet Avenue. Mr. Piasecki stated that: · The proposal would be more appropriate with respect to the intention of the General Plan for this area. · The General Plan provided for this extension based upon the County's plans for Highway 85, since these plans have changed, the General Plan concept relative to circulation in this area has become inappropriate. Chairperson Meyer-Kennedy opened the Public Hearing on GP 91-04. Mr. Phillip Driver, 1359 Juanita Way, opposed narrowing the street to "accommodate a developer." Discussion ensued between Commission Alne and Mr. Driver relative to the traffic counts. Mr. Driver stated that he has no problem with the counts, just that the counts do not indicate the peak hours of increased traffic when traffic is backed up along Pollard Road. Discussion ensued relating to: · Protected left-turn-lanes out of the shopping center. · Available on-street parking. · Traffic projections from Public Works. · Parking and traffic impacts caused by development in other cities. Ms. Mary Chevez, 11 Filbert Avenue, expressed concern that the plan to purchase school sites for open space, as mentioned by Mr. Piasecki, is not true, that high density apartments are being considered for the school sites. Mr. Christopher O'Laughlin, 1058 Shamrock Drive, suggested adding bicycle lanes and pedestrian walkways if the four lanes are reduced to two lanes. Ms. Susanna Waher, 1826 Estrellita Avenue, supported the current General Plan and pointed out various exceptions to the General Plan located within the San Tomas area. Further, she noted the following: · One of her neighbors was allegedly given the choice by the City of Campbell to pay $24,000 for street improvements (specifically for sidewalks), or pay for Planning Commission Minutes 1991 10 June 11, sidewalks assessed at future costs, if the City deemed it necessary to place sidewalks in the area. It would be an unnecessary hardship on elderly persons on fixed incomes to pay for sidewalks if the City decided to require sidewalks in the area. Comments from previous public speakers continued, and the following discussion between the public and the staff and Commission included: · City policy relating to standard street improvement fees, requires that 60 percent of the property owners have to be supportive of a Local Improvement District (LID). · Creating a more rural character by reclassification of the street. · Whether curbs, gutters, and sidewalks are considered rural in character. · Opposition to "patch-working" the streets in the area. · Safety consideration related to street improvements. · Costs for street improvements. · Definition of rural character. Mr. Bill Helms, Engineering Manager, explained that bonds are usually required with premiums to cover the cost of street improvements, and usually not in the amount mentioned by Ms. Waher. Mr. O'Laughlin asked if this change in street classification is due to Application No. ZC 90- 08\PD 90-02\TS 91-01, Kurt Anderson's project. Mr. Piasecki responded that although the item is on the agenda due to Mr. Anderson's application, his request to build a fifth house on the proposed property does not relate to the street reclassification alone. He continued that Mr. Anderson's application was approved by the Planning Commission. Upon review for final approval by the City Council, the Council recommended a study of the San Tomas Policy; and, the study was to include traffic circulation as well as density. The study determined that a four lane street was not needed in that area. Discussion ensued further between the Commission and staff relating to: · Giving property owners a portion of their property back by requiring a smaller easement. · Whether taxes would go up due to a larger lot size. · Whether existing curbs and gutters would have to be moved. Thomas O'Kieff, Estrellita Avenue, asked why money could not be used to provide street trees and landscaping in the immediate area, which would create a more rural atmosphere than curbs and gutters. Mr. Richard Taborek, 1441 Walnut Drive, read from the San Tomas Policy, page 9, point 5, defining the word, "rural" character. He stated his opposition to changing the San Tomas Policy unless a good reason arises for change, and to change it for a specific developer is not a Planning Commission Minutes 1991 11 June 11, good reason. Commissioner Alne requested "point of clarification," that street improvements are not the issue; that the only issue on this item deals with street classification, and he recommended taking action on GP 91-04. Discussion ensued relating to his recommendation. Commissioner Fox indicating that Item Nos. 3, 4 and 5 should d be heard at the same time, and Mr. Piasecki concurring with Commissioner Fox. Mr. Kurt Anderson, Architect, 1265 and 1271 Burrows Road, offers the following in order to clarify current discussions: · That Item No. 5, is a previously approved application. · Suggested the Commission take a ten minute break to review the co-relation between Item Nos. 3, 4 and 5. Commissioners Alne, Perrine and Dougherty argued in support of taking action on this item since whether or not Mr. Anderson's project is approved or not, they would like to see the street reclassified. Mr. Phillip Driver 1359 Juanita Way, stated that if plants and trees were provided along Hacienda Avenue, he would like to see a narrower street, but further, noted that he is not favorable to making a change just to satisfy a particular developer. Commissioner Wilkinson stated that the city-initiated application to consider street reclassification was not specific to a particular developer, that the developer's application created a need to review the street classification in the area. MOTION: On motion of Commissioner Fox, seconded by Commissioner Dougherty, it was unanimously ordered that the Public Hearing be closed. Commission Discussion Commissioner Perrine discussed making a motion to forward a recommended approval to City Council, including a recommendation that street layout and landscaping be part of the approval. Mr. Bill Helms, Engineering Manager, discussed a current study underway by the City to establish policies for treatment of street improvements within a Class I Collector Street. Specific to this reclassification request, staff cannot impose a 90 foot right-of-way for a Class I Collector Street, however, if the Commission wishes, it may recommend a 90 foot right- of-way. Plannin$ Commission Minutes 12 June 11, 1991 MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Alne, it was unanimously ordered Resolution No. 2753, be adopted recommending approval of an amendment to the Circulation Element of the General Plan, subject to Conditions of Approval, by the following roll call vote: AYES: Commissioners: Alne, Perrine, Wilkinson, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: Higgins. Dougherty, Fox, Chairperson Meyer-Kennedy called a brief recess at 10:00 p.m. The meeting reconvened at 10:15 p.m., with all Commissioners present except Commissioner Higgins. ZC 9O-O8/ PD 90-02/ TS 91-01 Anderson, K. Public Hearing to consider the application of Mr. Kurt Anderson for approval of a Zone Change from R-l-10 (Single-Family Residential) to PD (Planned Development), approval of a Planned Development Permit, and a Tentative Subdivision Map to allow construction of 5 single-family homes, on properties located at 1265-1271 Burrows Road in an R-l-10 (Single-Family Residential/Low- Density Residential) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Mr. Steve Piasecki, Director of Planning, noted that staff is recommending continuance of the proposed project to the Planning Commission meeting of June 25, 1991, to allow the applicant time to submit revised plans. He noted the concerns of staff relate to the following: · ^ request from Public Works for a street dedication of 37 feet from centerline, which would add 7 more feet to the submitted plans. · Since the two flag lots share a common driveway, Staff recommends a 20 foot width for the driveway to accommodate access to the garages and provide adequate backup space for on-site parking. · Staff would like the applicant to obtain an arborist to review the location of two existing trees, which may not survive in the recommended driveway. · Setback requirements should be increased beyond the minimum in the front of the project, to complement the intended rural character for San Tomas area. · The applicant has been asked to submit a landscape plan to include landscaping on the street frontage. · The previously approved application was forwarded to the City Council and the Council requested that Staff review the San Tomas Policy. Mr. Anderson redesigned three of the two-story townhomes into single-story structures. Plannin$ Commission Minutes 13 June 11, 1991 Mr. Kurt Anderson, Project Architect, commented as follows: The previously approved project was redesigned to better integrate with the neighborhood. · He has lived in Campbell since 1974 and has no intention of changing the character of the neighborhood. · Suggested placement of a row of trees along the median of the street to separate the neighborhood from the shopping center. · Suggested rolled asphalt curbs and sidewalks. · Suggested a split rail fence along the frontage of the property. · Noted that if a 90 foot easement is retained bicycle paths could be installed, and perhaps a traffic signal could be placed at the corner of Hacienda Avenue and San Tomas Aquino Road, and the area could be developed into the focal entrance into the San Tomas area. Commissioner Alne requested that staff comment on the applicant's suggestions. Mr. Bill Helms stated the proposed changes were previously discussed with the applicant, except for the asphalt curbs. Commissioner Alne asked if there was a problem with rolled asphalt curbing. In response, Mr. Helms stated that asphalt curbs are more difficult to maintain and erode at a quicker pace, however, they have been used in the past satisfactorily. Chairperson Meyer-Kennedy opened the public hearing. Mr. Phil Driver, 1359 Juanita Way, stated that he has no problem with the development. Ms. Susanna Waher, 1826 Estrellita Avenue, circulated a petition entitled, "Neighborhood Petition opposing the relocation of Quito Little League," containing 150 names. She stated that these people represent those opposed to the re-zoning of residential lot sizes to anything less than 10,000 square feet. Further, Ms. Waher requested a perspective drawing on the proposed project for review by the neighbors. Mr. Kurt Anderson indicated his willingness to work to resolve concerns of the neighborhood. Mr. Ivo Waher, 1826 Estrellita Avenue, was supportive of installation of bicycle lanes and street trees. However, he suggested that the width for the bike lanes be more than three feet. Further, he requested that the Commission support the San Tomas Policy. Mr. Christopher O'Laughlin, 1058 Shamrock Drive, requested that the Commission maintain the San Tomas Policy and not make exceptions. Planninl~ Commission Minutes 14 lune 11, 1991 MOTION: On motion of Commissioner Perrine, seconded by Commissioner Fox, it was unanimously ordered that File No. ZC 90-08\PD 90-02\TS 91-01, be continued to the June 25, 1991, Planning Commission meeting. Item No. 6 was heard at the beginning of the agenda. 7. UP 91-13 Harden, C. Public Hearing to consider the application of Ms. Cheryl Harden for approval of a Use Permit to allow the establishment of a pet supply and service business, on property located at 523 East Campbell Avenue, in a PD (Planned Development/Commercial) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Mr. Randy Tsuda, Senior Planner, presented the staff report noting the following: Applicant's proposal. Size and location of proposal. No animals will be sold on the premises, nor will any be boarded. Made a comparison to the Shampoochez located in Santa Cruz. Letters of support have been received from adjoining property owners, and Staff is recommending approval of the application. Chairperson Meyer-Kennedy opened the public hearing and there was no public comment. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Fox, it was unanimously ordered that the Public Hearing be closed. MOTION: On motion of Commissioner Fox, seconded by Commissioner Alne, it was unanimously ordered Resolution No. 2754, be adopted, approving UP 91-13, subject to Conditions of Approval, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Perrine, Wilkinson, Meyer-Kennedy None Higgins Dougherty, Fox, Plannin~ Commission Minutes 15 June 11, 1991 9. DDP 91-02 Tiny Tots Public Hearing to consider the application of Tiny Tots for approval of a Downtown Development Permit to allow the establishment of administrative offices in an existing bank building located at 200 East Campbell Avenue, in a C-3-S (Central Business District) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Mr. Steve Piasecki, Director of Planning, presented the staff report noting the following: · Applicant's proposal is for office operation only. · Former location of the Wells Fargo Bank. · No interior or exterior modifications of the building are planned. Mr. Piasecki noted the following staff concerns: · That no overnight parking or storage of vehicles be allowed. · Staff has requested a review of the application after five years. · Noted that communications were received from the Applicant, and the real estate agency, listing the property, noting opposition to staff recommended conditions. · Staff is recommending approval of the application with the attached Conditions of Approval. Commissioner Wilkinson asked why this application was before the Planning Commission since the use has not changed. In response, Mr. Piasecki stated that new applications for use of property in the downtown area are now required to obtain Downtown Development Permits. Mr. Larry Sparling, President, Tiny Tots, noted the following: · Tiny Tots has outgrown its present administrative offices located on Railway Avenue and is in need of more space. · The production plant has been moved to Turlock, California. · After meeting with the City Staff, decided to relocate the administrative offices to the former Wells Fargo building. · Desire to revise the current landscape around the building. He further expressed concern that numerous Conditions to the Downtown Development Permit were placed on the acceptable use, and the following conditions are unacceptable due to the fact that: 1. The use is consistent with the General Plan and the zoning ordinance's designation for the area allows administrative offices, without a Use Permit. 2. Tiny Tots is agreeable with compliance with all C-3 Zoning requirements. Planning Commission Minutes 16 June 11, 1991 Mr. Sparling noted that the unacceptable conditions are as follows: · Other businesses in the area do not have restrictive overnight parking; that Tiny Tots has no intention of parking trucks on the premises overnight; and this is discriminatory. · Condition No. 1, states that revised plans and elevations are to be submitted, since there are no changes to the structure, there are no plans to submit. · Condition No. 2, relating to hours of operation: Administrative staff often works later than 5:00 p.m., and often comes to work prior to 8:00 a.m. The truck drivers call the administrative offices as early as 3:30 a.m., for directions on deliveries and there needs to be staff available to answer the phones. This restriction is not placed on other businesses in the area. · Condition No. 7, relating to hours for parking: The ordinance states that storage of industrial vehicles is not permitted. This condition is not in compliance with the ordinance. · Condition No. 14, relating to expiration of the Downtown Development Permit: Tiny Tots cannot establish a business in a location and be told that in five years they cannot operate there. · Alternate wording for modifications to the building should be reviewed. · It is the intention of Tiny Tots that the building resemble an administrative office and not a bank building. Commissioner Dougherty asked if the Downtown Development Permit is similar to the Use Permit, in that the use goes with the building. In response, Mr. Piasecki indicated that if the use is the same, there is no need for a permit, however, this applicant is changing the use from a commercial establishment to an administrative establishment. Discussion ensued relating to the particular use of the building and previously approved uses in the downtown area. Planning Director Piasecki stated that the City of Campbell does not want a trucking depot, thus the conditions were established in order to ensure that that would not happen. Commissioner Alne asked if after staff's review of the letter from Tiny Tots, staff has reconsidered alternatives to the conditions relating to parking of vehicles and modifications to the building and landscaping. In response, Mr. Piasecki stated that the staff would like to see the plans for a sprinkler system and has agreed that the five year limitation is subject to reconsideration. He said that staff would like to see roof screening for air conditioning, etc. Commissioner Wilkinson brought up the hours of operation, noting that he often works beyond 5:00 p.m., and is not supportive of limiting a business to the recommended hours. He asked if other downtown businesses have the same limitations. Chairperson Meyer-Kennedy restated that the intention of staff is to eliminate the possibility of allowing over-night parking of Tiny Tot trucks, and Commissioner Wilkinson indicated that a condition would be simply stated to ensure this would not happen. Planning; Commission Minutes 17 June 11,1991 Commissioner Fox asked if the minutes could be used against the applicant, who is stating that he does not intend to park industrial vehicles here overnight, if he decided to do so. Mr. Bill Seligmann, City Attorney, stated that unless the Conditions of Approval do not strictly prohibit the use, Mr. Sparling's statement on the record would not be enforceable in a court of law. Discussion ensued relating to appropriate wording to ensure that the applicant does not intend to use the facility for overnight parking of industrial vehicles. Planning Director Piasecki suggested elimination of Condition No. 8 and retention of Condition No. 7. Discussion of the current ordinance continued between the City Attorney and Commissioners ^lne, Dougherty and Fox. Chairperson Meyer-Kennedy opened the public hearing. Commissioner Perrine suggested leaving the landscape revisions for review by the Site and Architectural Review Committee. Mr. Bruce Bowen, property owner, explained the problems he has incurred with rental of the building; that painting of the exterior of the building is not necessary; that the current landscaping could be maintained; that surrounding businesses are supportive of the application; and that the ^TM windows on the exterior of the building are too expense to remove and he is opposed to removing them. Mr. Bowen circulated photographs of the site, as it existed when the bank was located there, which displayed maintained landscaping could be achieved without unnecessary changes. Senior Planner Randy Tsuda and Mr. Bowen discussed appropriate wording for the conditions relating to landscaping and requirements from the Fire Department. Mr. Tsuda stated that Condition Nos. 12 and 14 could be eliminated. Mr. Bowen indicated his opposition to Condition No. 15, relating to the review of the permit. Further, he requested that the applicants be allowed to occupy the building while exterior modifications are being made. Staff was supportive of providing a 60 day provision to allow the building occupancy while modifications are being made, if the applicant would make a cash deposit to ensure the work is done, to be refunded after the work is completed. MOTION: On motion of Commissioner Fox, seconded by Commissioner Alne, it was unanimously ordered that the Public Hearing be closed. Planning Commission Minutes 18 June 11,1991 MOTION: On motion of Commissioner Fox, seconded by Commissioner Dougherty, it was unanimously ordered Resolution No. 2755, be adopted, approving DDP 91-02, subject to the revised discussed Conditions of Approval, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Perrine, Wilkinson, Meyer-Kennedy None Higgins. Dougherty, Fox, R 91-03 (PD 89-15) Aleshi, R. Public Hearing to consider the application of Mr. Russ Aleshi, for approval of a reinstatement of a previously approved Planned Development Permit allowing the construction of three townhomes on property located at 548 West Hacienda Avenue, in a PD (Planned Development/Low-to-Medium Residential) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Gina Garcia-Hunter, Planning Assistant, presented the staff report noting the following: · Applicant's proposal. · Location of the project. · Reviewed the previous approval. · Staff is recommending approval. Commissioner Fox presented the Site and Architectural Review Committee report, noting that the Committee recommends approval. Chairperson Meyer-Kennedy opened the public hearing and no one spoke. MOTION: MOTION: On motion of Commissioner Alne, seconded by Commissioner Dougherty, it was unanimously ordered that the Public Hearing be closed. On motion of Commissioner Dougherty, seconded by Commissioner Fox, it was unanimously ordered Resolution No. 2756, be adopted, approving R 91-03, subject to Conditions of Approval, by the following roll call vote: Planning Commission Minutes 19 June 11, 1991 AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Perrine, Wilkinson, Meyer-Kennedy None Higgins. Dougherty, Fox, REPORT OF THE PLANNING DIRECTOR The report of the Planning Director was accepted. ,a. DJOURNMENT The Planning Commission meeting adjourned at 11:45 p.m., to the next regularly scheduled Planning Commission meeting of June 25, 1991, at 7:30 p.m., in the City Council Chambers, 70 North First Street, Campbell, California. Respectfully Submitted by: _~aron Shaban Reporting Secretary APPROVED: Jane P. Meyer-Kennedy Chairperson ATTEST: Steve T. Piasecki Secretary