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PC Min 11/26/1991PLANNING COMMISSION City o[ Campbell, California 7:30 P.M. City Hall Council Chambers MINUTES November 26,1991 Tuesday 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: ROLL CAI.I. Commissioners Present: Chairperson Jane Meyer-Kennedy Commissioner Robert Dougherty Commissioner I. (Bud) Alne Commissioner David Fox Commissioner Mark Wilkinson Commissioners Absent: Staff Present: Commissioner Alana Higgins Commissioner Jay Perrine Director of Planning, Steve Piasecki Senior Planner, Randy Tsuda City Attorney, Bill Seligmann Deputy Director, Public Works, Bill Helms Planner I, Curtis Banks Planning Assistant, Lynette Dias Reporting Secretary, Karon Shaban APPROVAL OF THE MINUTES On motion of Commissioner Dougherty, seconded by Commissioner Alne, the minutes of the Planning Commission meeting of October 22, 1991, were unanimously approved, as submitted (4-0-2-1), Commissioners Higgins and Perrine absent, and Commissioner Fox abstained due to his absence at the October 22, 1991, meeting. Planning Commission Minutes 2 November 26, 1991 On motion of Commissioner Dougherty, seconded by Commissioner AIne, the minutes of the Planning Commission meeting of October 24, 1991, were unanimously approved, as submitted (5-0-2), Commissioners Higgins and Perrine absent. On motion of Commissioner Dougherty, seconded by Commissioner Alne, the minutes of the Planning Commission meeting of November 7, 1991, were unanimously approved, as submitted (~-0-2-2) Commissioners Higgins and Perrine absent, Commissioners Wilkinson and Meyer-Kennedy abstaining due to their absences at the meeting. On motion of Commissioner Dougherty, seconded by Commissioner AIne, the minutes of the pi_arming Commission meeting of November 12, 1991, were unanimously approved, as submitted (4-0-2-1), Commissioners Higgins and Perrine absent, and Commissioner Fox abstained due to his absence at the meeting. COMMUNICATIONS: Director of Planning, Steve Piasecki informed the Commission that communications before the Commission are revised findings for Item Nos. 3, 4 and 7. ORAL REO_UESTS: There were no Oral Requests. AGENDA MODIFICATIONS OR POSTPONEMENTS Item No. 5 was heard at this time. 5. SA 91-41 Maynard, C. Consider the application of Mr. Craig Maynard, on behalf of Cai-Neon, for approval of a sign application allowing one wall mounted sign for the Dress Barn located within the Hamilton Plaza Shopping Center at 1670 South Bascom Avenue in a C-2-S (General Commercial) Zoning District. Chairperson Meyer-Kennedy read the application into the record noting that the applicant has requested that this item be removed from the agenda and that the sign request can be handled by the Planning Staff. Planning Commission Minutes 3 November 26, 1991 On motion of Commissioner Wilkin.~on, seconded by Commissioner Dougherty, SA 91-41 was unanimously removed from the Planning Commt.~sion agenda, (5-0-2), Commi.~sioners Higgins and Perrine absent. CONSENT CALENDAR 1. Cancellation of the December 24, 1991, Planning Commission meeting. On motion of Commissioner Fox, seconded by Commissioner Alne, the planning Commission meeting of December 24, 1991, was unanimously canceled, (5-0-2) Commissioners lti_ggins and Perrine absent. PUBLIC HEARINGS M 91-12 (UP 87-02) Hunsaker, D. Public Hearing to consider the application of Mr. Dan Hunsaker, on behalf of Stowers & Associates/Architects, for approval of a modification to a previously approved Use Permit to allow the expansion of the parking area, a modular storage building, and a new driveway on property located at 251 Llewellyn Avenue (Eastfield Ming Quong) in a PD (Planned Development) and a PF (Public Facilities) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Mr. Steve Piasecki, Director of Planning, following: presented the staff report noting the The applicant's request. Site size and location of buildings. The City has reserved a portion of the property for future street improvements. Zoning and land use designation. Current parking and proposed parking. Several drought damaged Eucalyptus trees are to be removed. Staff is recommending that the applicant be required to submit a landscape plan indicating the planting of 42 new 24 inch box trees, and indicating the provision of screening along San Tomas Expressway. Staff recommends approval with modified Conditions of Approval. Plannin~ Commission Minutes 4 November 26, 1991 Commissioner Alne presented the Site and Architectural Review Committee meeting discussion of November 13, 1991, noting that the applicant will provide a trellis element as suggested by the Architectural Advisor, and that the Committee recommends approval. Chairperson Meyer-Kennedy opened the public hearing. Public Comment: Mr. William Buckley, 3445 Queens Court, spoke in opposition of the proposal, reminding the Commission of a previous parking agreement between Eastfield Ming Quong and the residents. He requested that all on-street parking be eliminated, and urged the Commission to resolve the parking problems. Discussion between Commissioner Alne, staff and Mr. Buckley ensued relating to on-street parking and mitigation options. Mr. Vince Bradley, Vice President of Eastfield Ming Quong, indicated that employees are encouraged to park on-site and that the Campbell Police Department is encouraged to enforce the 3 hour parking limit along Llewellyn Avenue. On motion of Commissioner Dougherty, seconded by Commissioner Alne, it was unanimously ordered that the Public Hearing be closed. Commissioner Fox asked about parking standards for the use of the site, and Mr. Piasecki, Director of Planning, stated that there are no standards for this type of use, and suggested that the proposed project would mitigate the parking concerns expressed by Mr. Buckley. Discussion ensued relating to increased parking for the facility, the number of employees, and possible modifications to the recommended Conditions of Approval. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Alne, it was unanimously ordered that Resolution No. 2775, be adopted, approving M 91-12, incorporating the revised findings, subject to Conditions of Approval mended to require all employees to park on- site, that the applicant submit a landscape plan indicating that new trees be of the 24 inch box variety, and that landscape screening be provided on the San Tomas Expressway side of the property, by the following roll call vote: AYES: Commissioners: Alne, Wilkinson, Dougherty, Fox, Plannin~ Commission Minutes 5 November 26, 1991 NOES: ABSENT: Commissioners: Commtssiot~ers: Meyer-Kennedy None Higgins, Perrine. 3. V 91-02 Stewart, C. Public Hearing to consider the application of Mr. Charles Stewart for approval of a variance to the required 3 foot setback for a detached garage to a 1 foot setback, on property located at 1163 Lovell Avenue in an R-l-6 (Single- Family Residential) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Mr. Curtis Banks, Planner I, presented the staff report noting the following: · Applicant's request. · Site plan. · Reviewed the ordinance relating to granting a variance · The staff recommends denial of the application, since findings for a variance could not be supported. Discussion regarding non-conformance of the structures, the annexation from the County, City ordinances relating to detached garages, setback requirements, potential fire hazards with limited setbacks, alternate locations for the garage, and square footage of the current structure. Commissioner Wilkinson asked about City policies relating to grandfathering non- conforming structures. City Attorney Seligmann stated that non-conforming structures could be grandfathered in if they were legally built. Commissioner Alne expressed concern that potential renters would not be made aware of unsafe conditions if the variance was granted, that approving the application would encourage other property owners in the vicinity to build non- conforming buildings, and that there are no grounds for granting a variance. Commissioner Fox asked if the applicant were to withdraw his application, if the City would pursue the non-conformance issue. City Attorney Seligmann indicated that the non-conforming structure would be a code enforcement issue and not appropriate for discussion on Planning Commission level. Mr. Randy Tsuda, Senior Planner, reminded the Commission of City and State laws requiring that variances be granted only if certain findings be met, and in this case necessary findings cannot be provided. Plannin~ Commission Minutes 6 November 26, 1991 Chairperson Meyer-Kennedy opened the punic hearing. Public Comment: Mr. Charles Stewart, representative for the property owner, explained the concept of the proposal and the intention of the request, as follows: · The garage was built without a permit from the County, however, that the building fell within the County's ordinance which required a one foot setback. · That the home is 1200 square foot, not 2600 square feet as indicated in the staff report. · The property owner is not attempting to add square footage, the property owner is attempting to bring the property into conformance with the City codes. · Concerns relating to setting back the garage 3 feet, since doing so would restrict the width of the driveway and the entrance to the garage. · If the garage is torn down, the concrete wall will be left and become a fence. · He noted that the current property owner has letters from adjacent property owners who are supportive of the request. Commissioner Alne expressed concern that Staff indicated that the use of the building was not legal and non-conforming and did not meet the County requirements, however, that Mr. Stewart suggest that the County setback requirements for detached garages was only one foot and does conform. City Attorney Seligmann explained that the building was built according to zoning codes, however, that building permits were never applied for and therefore the building is not considered a legal structure. Commissioner Fox discussed alternative locations for the garage and Mr. Stewart pointed out that due to the location of the swimming pool, the alternative suggestion was not appropriate. Commissioner Dougherty reviewed the variance requirements noting that unique situations have to be particular to the land itself, and that the land is flat and there are not any unique aspects to the land that would permit the Commission to grant a variance. 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 Fox, it was unanimously ordered Plannin~ Commission Minutes 7 November 26, 1991 Resolution No. 2776, be adopted, denying V 91-02, without prejudice, incorporating the revised findings, by the following roll call vote: AYES: Commissioners: Alne, Wilkinson, Dougherty, Fox, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: Hlggins, Perrine. City Attorney Seligmann informed the applicant of the appeal process. MISCELLANEOUS 4. M 91-13 Consider the application of Mr. Gary Korabeck for Korabeck, G. approval of a modification to the sideyard setback to allow a second-story addition to an existing dwelling located at 956 Marilyn Drive 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: Applicant's proposal. Zoning code relating to setback requirements. Findings for approval. Staff has suggested that Conditions of Approval be modified to ensure privacy to adjacent property owners by the elimination or the relocation of windows on the south, and staff recommends approval. Commissioner Fox presented the Site and Architectural Review Committee meeting discussion of November 13, 1991, noting that the Committee is recommending approval with staff's recommendation to change or eliminate the window elements on the southern portion of the proposed addition. On motion of Commissioner Fox, seconded by Commissioner Dougherty, it was unanimously ordered that M 91-13 be approved, incorporating the revised findings, subject to amended Conditions of Approval relocating or eliminating the windows on the southern elevation of the proposed addition, (5-0-2), Commissioners Hlggins and Perrine being absent. 6. SA 91-42 Consider the application of Mr. Craig Maynard, on behalf Maynard, C. of Cai-Neon, for approval of a sign application allowing one wall mounted for King's Table located within the Plannin~ Commission Minutes 8 November 26, 1991 Hamilton Plaza Shopping Center at 1730 South Bascom Avenue in a C-2-S (General Commercial) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Lynette Dias, Planning Assistant, presented the staff report noting the following: · The applicant's request. · The zoning ordinance relating to allowable square footage of signs. · The staff recommends approval of the request, however, suggests limiting the square footage of the sign to 50 square feet. Commissioner Fox presented the Site and Architectural Review Committee meeting discussion of November 13, 1991, noting that Committee recommends approval if the applicant will agree to limit the sign area to 50 square feet. Mr. Craig Maynard, Cai-Neon Signs, asked the Commission to consider a larger sign area, since the sign facia of the building is much larger than most buildings and that a larger sign would be more appropriate and proportional for the design of the sign area. Discussion ensued relating to the size of the letters and if the sign could be seen from Bascom Avenue. MOTION: On motion of Commissioner ~,lne, seconded by Commissioner Fox, it was unanimously ordered that SA 91- 42 be approved, restrict_lng the size of the sign to 50 square feet, incorporating the attached findings, subject to Conditions of Approval, (5-0-2). SA 91-44 Pruneyard Towers Consider the application of the Pruneyard Towers for a temporary roof sign reading "Peace on Earth" located 1999 South Bascom Avenue in a C-2-O (General Commercial/Overlay) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Randy Tsuda, Senior Planner, presented the staff report noting that the sign has been approved for the past 17 years, and that staff is recommending approval. Commissioner Fox presented the Site and Architectural Review Committee meeting discussion of November 13, 1991, noting that the Committee recommends approval and suggested that the sign be approved for a five-year Plannin~ Commission Minutes November 26, 1991 period of time. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Alne, R was unanimously ordered that SA 91-44 be approved, incorporating the revised findings, subject to Conditions of Approval amended to allow a five-year extension of the application. Chairperson Meyer-Kennedy commended staff for the Planning Commissioners' Annual Dinner. REPORT OF TIlE PLANNING DIRE(~'TQR The report of the Planning Director was accepted. ADIOURNMENT Adjourned at 9:00 p.m., to the next regularly scheduled Planning Commission meeting of December 10, 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 Respectfully Submitted by: Karon~an Reporting Secretary