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PC Min 12/10/1991PLANNING COMMISSION City of Campbell, Caltfomla CiTY HALL COUNCIL CHAMBERS 7:30 P.M. DECEMBER 10, 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: ROLL C. ALL Commissioners Present: Chairperson Jane Meyer-Kennedy Commissioner Robert Dougherty Commissioner Jay Perrine Commissioner I. (Bud) Alne Commissioner Alana Higgins Commissioner Mark Wilkinson Commissioner David Fox Commissioners Absent: None Staff Present: Director of Planning, Steve Piasecki Planner II, Tim J. Haley Planner I, Curtis Banks City Attorney, Bill Seligmann Deputy Public Works Director, Bill Helms Reporting Secretary, Karon Shaban APPROVAL OF THE MINUTES On motion of Commissioner Wilkinson, seconded by Commissioner Fox, the minutes of November 26, 1991, were unanimously approved, as submitted, (5-0-0-2), Commissioners Perrine and Higgins abstaining due to their absences at the November 26, 1991, meeting. COMMUNICATIONS: Director of Planning, Steve Piasecki, listed three new items of Communications relating to revised findings for Item No. 3, City Council Plannin~ Commission Minutes 2 December 10, 1991 report on the status of Route 85, and the summarized agenda from the City Council meeting of December 9, 1991. AGENDA POSTPONEMENTS/CHANGE~ There were no agenda postponements or changes. ORAL REOUEST$ Mr. Mal Ryals, 1470 West Campbell Avenue, expressed concern that his intent to move his 30-year liquor store operation from its current location at the southeast corner of San Tomas Aquino Road and Campbell Avenue to the southwest corner of La Pradera Drive and San Tomas Aquino Road, the former Olympic Auto Parts store, and that the Planning Staff informed him that he would not be allowed to operate this type of business there due to its proximity to the residential area. Mr. Ryals further pointed out that there are currently other liquor store operations closer to the residential area than where he is attempting to move. He noted that "Freddie's" has never had any problems with the Police Department and that the adjacent property owners of this intended move are supportive of the move. Mr. Piasecki, Planning Director, stated that the Planning Staff indicated reservations regarding the proximity to residential areas and limited parking at the site. He further explained that Mr. Ryals was informed that he has the option of filing a formal application with the Planning Commission, even if the Staff was non-supportive of the application. Mr. Ryals indicated that he would be filing an application for the move. CONSENT (~ALENDAR 1. Approval of the 1992 Planning Commission meeting schedule. Commissioner Alne asked if the designated lead time for filing an application was necessary and if exceptions could be made in some cases. Director Piasecki stated that exceptions are made when appropriate. Commissioner Perrine pointed out discrepancies in the proposed schedule. Director Piasecki noted that corrections to the schedule would be made. Motion On motion of Commissioner Perrine, seconded by Commissioner Fox, the Planning Commission meeting schedule of 1992 was unanimously approved. PUBLIC HEARINGS Plannin~ Commission Minutes 3 December 10, 1991 TA 91-02 City-Initiated Public Hearing to consider the City-Initiated application for a Text Amendment to Chapters 21.06, 21.22, 21.26 and 21.72 of the City of Campbell's Municipal Code providing off-sale beer and wine establishments as a permitted use in Commercial Zoning Districts, except for drive-up/drive- through restaurants and retail establishments which sell motor vehicle fuel on the premises. Chairperson Meyer-Kennedy read the application into the record. Mr. Tim J. Haley, Planner II, presented the staff report noting the following: · How the Text Amendment proposal came about. · That suggested changes to the Municipal Code relate to four chapters and would exclude specific liquor license requests in Commercial Districts from the Use Permit requirement to provide off-sale beer and wine licenses as a permitted use in Commercial Zoning Districts, when not associated with a drive-up or drive- through restaurant or motor vehicle fuel sales, without a Conditional Use Permit approval. Further, that the amendment provides findings for such uses, and provides consistency to the current Municipal Code. · Staff is recommending that the Planning Commission recommend that the City Coundl approve the amendments. Commissioner Alne asked if the application was prompted by the request from "A Little Something Special." He suggested that the owner of this establishment was discouraged by the Use Permit application fee of $1,430. Commissioner Dougherty could not see public benefit from the proposed amendments, since making the changes could make it easier for places such as "Speedy Mart" and "Seven Eleven" to sell beer and wine by right. Chairperson Meyer-Kennedy agreed noting that the Commission could lose its review rights to ensure that there would not be a "Seven Eleven" store on every comer. Chairperson Meyer-Kennedy declared the Public Hearing opened. Public Comment: There was no public comment. MOTION: On motion of Commissioner Fox, seconded by Plannin~ Commission Minutes 4 December 10, 1991 Commissioner Alne, it was unanimously ordered that the Public Hearing be dosed. Commissioner Fox asked if the Commission would be losing any right of review for high impact areas where beer and wine should not be sold. Mr. Haley responded that establishments would be considered without a Conditional Use Permit if the off-sale of beer and wine was secondary to the retail sales. Discussion ensued relating to how to evaluate retail uses, how to define secondary uses, and eliminating 24-hour sales of beer and wine near residential areas. The City Attorney, Bill Seligmann, cautioned that defining secondary uses would be difficult in a court of law. Mr. Haley suggested that the Commission could condition the amendment limiting the hours of operation near residential areas. Commissioner Dougherty noted his reservations stem from losing control of beer and wine sales in the downtown area. Chairperson Meyer-Kennedy indicated that although she would like to see "A Little Something Special" be allowed to sell beer and wine as a gift item, the potential for controlling sales of beer and wine throughout Campbell would be lost. Commissioner Alne suggested that the fee for obtaining a Conditional Use Permit in cases such as these be waived. He was reminded by Mr. Haley that the City Council establishes fees and are the only body permitted to waive or adjust those fees. City Attorney, Bill Seligmann explained problems associated with waiving of fees in spedal cases, and Mr. Alne concurred that the City Coundl could become overburdened with applicants requesting waivers. Commissioner Dougherty and Fox discussed assessing fees based upon gross sales and the City Attorney pointed out the legal problems associated with assessments of this type. The Planning Director suggested that Staff review the Commission's response and redraft the Text Amendment and provide options for the next Planning Commission meeting of January 14, 1992. Plannin~ Commission Minutes 5 December 10, 1991 Commissioner Perrine noted that the history of this particular Conditional Use Permit requirement stemmed from problems associated with night clubs in Campbell. MOTION: On motion of Commissioner Perrine, seconded by Commissioner Dougherty, it was unanimously ordered that the Public Hearing be re-opened and continued to the Planning Commission meeting of January 14,1992. Suggestions were made by Commissioners relating to providing Site and Architectural Review for establishments requesting incidental beer and wine sales, and it was the general consensus of the Commission that this procedure be investigated. o UP 91-22 Fresh Western Foods Public Hearing to consider the application of Pizza A Go- Go for approval of a Conditional Use Permit to allow an on-sale beer and wine license in conjunction with a pizza restaurant, on property located at 1640 South Bascom Avenue, in a C-2-S (General Commercial) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Mr. Curtis Banks, Planner I, presented the staff report noting the following: · The Applicant's request. · Location of the proposal. · The proposal is consistent with General Plan and Zoning designations. · Parking deficiency is not a problem for this use. · Locations of similar uses within the area. · Staff is recommending approval of the application. Chairperson Meyer-Kennedy declared the Public Hearing opened. Public Comment: There was no public comment. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Alne, it was unanimously ordered that the Public Hearing be dosed. Plannin~ Commission Minutes 6 December 10, 1991 MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Higgins, it was unanimously ordered that Resolution No. 2777, be adopted, incorporating the attached findings, subject to the Conditions of Approval, as submitted, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Higgins, Perrine, Wilkinson, Dougherty, Fox, Meyer-Kennedy None. None R 91-06/ PM 91-07 Pucci, J. Public Hearing to consider the applications of Mr. Joe Pucci to allow a one-year extension to a previously approved Planned Development Permit; and to allow the creation of two parcels, on property located at 176 East Rincon Avenue, in a PD (Planned Development) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Mr. Curtis Banks, Planner I, presented the staff report noting the following: · The proposal was previously unanimously approved by the Planning Commission and City Council in September and October of 1990. · The applicant was not able to develop the project during the time frame permitted in the development schedule and, therefore, is requesting a reinstatement of the Planned Development Permit. · Staff approved a minor modification to replace a 140 square foot addition to the existing dwelling with a 400 square foot garage. · The applicant's request includes a parcel map application, creating two lots, one of 2,800 square feet, and a 4,500 square foot flag lot. · Parking will be on the rear portion of the lot and a condition has been added requiring a maintenance agreement between the two parcels owners for the common access area. · Staff is recommending approval. Commission Alne presented the Site and Architectural Review Committee report, noting: · The Committee is supportive of the reinstatement. · The Committee would prefer that the full Commission comment on the creation of a flag lot. Plannin~ Commission Minutes 7 December 10, 1991 Chairperson Meyer-Kennedy declared the Public Hearing opened. Commission Discussion: Commissioner Fox asked if the application has expired, and Mr. Banks informed him that the applicant did initiate the reinstatement prior to its expiration. However, that during the Site and Architectural Review, several issues were raised regarding the use of alleyways for access to the site, and these issues were the cause of the delay. Commissioner Dougherty stated that he would be more comfortable with the alleyway access instead of forcing the applicant to create a flag lot. Commissioner Fox asked why the alleyway could not be used. Deputy Director of Public Works, Mr. Bill Helms, indicated that there are a number of issues related to use of the alleyways, such as they are not public and maintenance of them would rest on the property owners, they usually are substandard in size and cannot handle two way traffic, sometimes the alleyways are owned jointly, and that the Coundl has no set policy in place to address these concerns. He stated that the Public Works Department is intending to bring forth the alleyway access issue in the coming year in order to establish a policy. Commissioner Alne suggested that the issues regarding alleyway access be addressed prior to approval of this application. Mr. Piasecki, Planning Director, drew attention to the Conditions of Approval pointing out that the applicant is required to record a covenant obligating existing and future property owners to participate in the engineering design costs and installation improvements to the alley located to the rear of the property. Commissioner Alne cautioned that approval of this application could encourage the creation of more flag lots. Commissioner Wilkinson concurred with the suggestion that the City should address the alleyway access prior to approving any flag lots. Director Piasecki noted that the alleyway issue should be addressed but reminded the Commission that the City has held up the application for a considerable length of time already. Plannin~ Commission Minutes 8 December 10, 1991 Discussion ensued between the Commission and Mr. Helms regarding access to the rear lot as a secondary use, and the desired width for the alleyway if it was to become a public street. Public Comment: Mr. Joe Pucd, the applicant, addressed the Commission explaining that his application process took so long because he was required to submit three different sets of plans, including alleyway access which the Public Works Department opposed. Additionally, Mr. Pucci asked why the alley access had to be a two-way access, that he would be happy with approval of any of the plans, and expressed his desire to proceed with the project as soon as possible. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Wilkinson, it was unanimously ordered that the Public Hearing be dosed. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Perrine, it was unanimously ordered that Resolution No. 2778 be adopted, incorporating the attached findings, subject to the Conditions of Approval, recommending City Council approval of R 91-06, and that Resolution No. 2779 be adopted, incorporating the attached findings, subject to the Conditions of Approval approving PM 91-07, as submitted, revised, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Higgins, Perrine, Wilkinson, Dougherty, Fox, Meyer-Kennedy None. None MISCELLANEOUS 5. Chairperson Nomination and Election of Chairperson and Vice Chairperson of the Planning Commission for the year of 1992. Nominations for Chairperson of the Planning Commissioner were opened by Chairperson Meyer-Kennedy. Commissioner Perrine nominated David Fox for Chairperson of the Planning Commission for the 1992 Calendar Year. On motion of Commissioner Perrine, seconded by Commissioner Dougherty, Plannin~ Commission Minutes 9 December 10, 1991 it was unanimously ordered that the nominations be closed. On motion of Commissioner Perrine, seconded by Commissioner Dougherty, it was unanimously ordered that Commissioner David Fox be elected as Chairperson of the Planning Commission for the 1992 Calendar Year. Nominations for Vice Chairperson were opened by Chairperson Meyer- Kennedy. Commissioner Fox nominated Bud Alne for Vice Chairperson of the Planning Commission for the 1992 Calendar Year. There were no other nominations. On motion of Commissioner Wilkinson, seconded by Commissioner Dougherty, it was unanimously ordered that the nominations be closed. On motion of Commissioner Fox, seconded by Commissioner Dougherty, it was unanimously ordered that Commissioner Bud Alne be elected Vice Chair of the Planning Commission for the 1992 Calendar Year. The new officers will take their positions at the January 14, 1992, Planning Commission meeting. REPORT OF THE PLANNING DIRECTOR The written report of the Planning Director was accepted. Director of Planning, Mr. Piasecki presented an oral report updating the Commission on the December 9th City Coundl meeting. He noted that the large day care facility located at 650 Aram Avenue, previously approved by the Planning Commission, was appealed by a neighbor of the applicant. He stated that the City Council continued the application to acquire further information relating to fire safety and an existing stairway at the site. Chairperson Meyer-Kennedy asked if the developer of the property located at 480 West Sunnyoaks Avenue has replaced the trees as required by the Planning Department. Mr. Piasecki' stated that he had. Commissioner Fox asked about the status of 65 East Latimer Avenue. Mr. Piasecki informed the Commission that the developer is seeking funds to develop the site. Plannin~ Commission Minutes 10 December 10, 1991 Commissioner Wilkinson asked for an update to the Ainsely project at 3101 South Winchester Boulevard. Mr. Piasecki said that the proposal was pulled off the agenda at Council level and would not be placed back on the agenda until specific issues are addressed. ADIOURNMENT Adjbumed at 8:45 p.m., to the next regularly scheduled Planning Commission meeting of January 14, 1992, at 7:30 p.m., in the City Council Chambers, 70 North First Street, Campbell, California. Respectfully Submitted by: Karon Shaban Reporting Secretary APPROVED: lane P. Meyer-Kennedy Chairperson ATTEST: Steve T. Piasecki Secretory