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PC Min 06/27/1989 PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 6:30 P.M. CITY HALL COUNCIL CHAMBERS MINUTES TUESDAY JUNE 27, 1989 ROLL CALL Present Commissioners: George Kasolas, Jay Perrine, Ronald Christ, DuWayne Dickson, and Bruce Olszewski; Planning Director Steve Piasecki, Planner II Tim Haley, Engineering Technician James Penoyer, City Attorney William Seligmann, and Recording Secretary Karon Shaban. Absent Commissioner James Walker. APPROVAL OF THE MINUTES Commissioner Dickson amended the presented minutes, as follows: Page 1, Approval of the Minutes, Commissioner Dickson requested that his abstention be noted, since he was not present at the meeting of May 23, 1989, and change the vote to 5-0-1; Page 1, Communications, change the date of his term expiration to ~ Page 2, Last Motion on Item No. 9, change to read, "That, by acclamation of the Planning Commission, Commissioner Jay Perrine replace former Commissioner Stanton as Vice Chairman of the Planning Commission for the remainder of his term, commencing this date, June 13, 1989, and expiring in August 1989;" Page 10, Appointment of Committee to interview Architectural and Landscape Advisor, Commissioner Christ and Commissioner Perrine were appointed. Chairperson Olszewski requested that on Page 9, last Paragraph, a change be made to read: "By acclamation, Chairman Olszewski suggested that the applicant apply for a temporary sign for grand opening purposes. M/S: Perrine, Christ That the Planning Commission minutes of June 13, 1989, be approved as amended above (motion carried 5-0-1, with Commissioner Walker being absent). COMMIPNICATIONS Planning Director Piasecki reported that the Planning Department has received one additional item of communication relative to the Downtown Neighborhood Study Session, from JP Construction, dated June 26, 1989. ORAL REQUESTS There were no oral requests. Planning Commission Minutes -2- June 27, 1989 PRESENTATIONS Chairman Olszewski read and presented Resolutions of Appreciation commending Landscape Advisor Deborah Ellis and Architectural Advisor Craig Mineweaser. Chairman Olszewski noted that Deborah Ellis was the City's first Landscape Advisor and commended her for advising the City to consider the use of drought tolerant species. Additionally, Chairman Olszewski commended Craig Mineweaser for his continued 5 years of service. Mr. Mineweaser expressed appreciation for the commendation and for services provided to him from the Planning Staff, specifically Tim Haley. Additionally, he commends the City for using this process in reviewing planning applications. Ms. Ellis expressed appreciation for the commendation. CONSENT CALENDAR UP 89-06 Jacques, J. Public hearing to consider the application of John Jacques for a Conditional Use Permit to allow the construction of a retail building and an automotive service facility on properties known as 1820 and 1840 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. Planning Director Steve Piasecki stated that the applicant has requested a one month continuance. Commissioner Dickson asked why the applicant is requesting a continuance. Planner II Tim Haley stated that the applicant was the second person in line for the property and another company had first right of purchase, therefore, it is presently not clear who has title to the property. The public hearing was opened. No one wished to speak at this time. M/S: Perrine, Christ That the public hearing on UP 89-06 be continued to the Planning Commission meeting of July 25, 1989 (motion carried 5-0-1, with Commissioner being absent). SA 89-14 Oasis Center Continued request for a signing proposal - 100 W. Hamilton Avenue - Oasis Center - C-2-S (General Commercial) Zoning District. Planning Director Steve Piasecki informed the Commission that the owner of Oasis Center could not be present at tonight's meeting, and the applicant has requested a continuance to the meeting of July 11, 1989. M/S: Perrine, Dickson That SA 89-14 be continued to the Planning Commission meeting of July 11, 1989 (motion carried 5-0-1, with Commissioner Walker being absent). Planning Commission Minutes -3- June 27, 1989 R 89-02(s 85-02) Morelan, J. Request for reinstatement of previously approved site and Architectural application for construction of a two-story office building on property known as 2065 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. Planner II Tim Haley gave a brief overview of the Staff Report and stated that the Staff is recommending approval since there has been no changes in the General Plan or Zoning in this district. He pointed out, however, that two changes have been made to the Conditions of Approval, one relating to Fire Code changes regarding minimum height clearance for driveways and sprinkler systems, and, the other relating to Ingress/Egress Easement Agreements requiring existing and future property owners to participate in reciprocal access easements with adjoining property owners. Commissioner Kasolas noted that at the last Commission meeting a similar item was discussed and he felt that it was the Commission's intention not to approve reinstatement requests which are over a year old. Further, he expressed concern that public notice is not required and he noted that this application expired in February of 1986; that approval was granted over 3½ years ago and that changes were made to the original Conditions of Approval; and , that he would not support a reinstatement for these reasons. Commissioner Dickson stated that he has the same concerns and questioned why the Staff would recommend approval of this project and what process this application went through in Site and Architectural Review. Mr. Haley stated that this particular application was not initially subject to a public hearing process and that the Site and Architectural Review Committee did review it. Discussion ensued regarding the policy to automatically approve applications over a year old since it was felt that the lapse of time regarding this particular application was to long. Cox~issioner Perrine reported that the Site and Architectural Review Committee did not have a problem with this application, and noted that there was considerable discussion regarding the ingress/egress agreement which was initiated by the Public Works Department. Planning Director Steve Piasecki stated that concerns were expressed regarding the character of the narrow, long lots which created a dependence on one driveway and it was felt that an ingress/egress agreement would enhance the property considerably since it would allow customers to leave without disrupting the traffic flow. City Attorney Bill Seligmann, responding to questions from the Commission, stated that there is no State law that requires an easement agreement but that mitigation measures can be made part of Conditions of Approval; and, there are no specifics in State law addressing the length of time required for automatic reinstatement. Planning Commission Minutes -4- June 27, 1989 A motion was made and seconded to continue the request to the next available Commission meeting so that the Staff could give public notice to the adjoining property owners. The motion was removed from the floor to allow the applicant, Mr. Morelan, to address the Commission. Mr. James Morelan, Architect, expressed his concern that Staff had not previously told him that these issues would be raised and that the reinstatement request was not changed. He stated that a continuance would not be acceptable since contractors have to be hired and it is unfair to delay the project because the Commission has decided to pursue a new policy regarding the reinstatement process. Chairman Olszewski pointed out that it is not the intention of the Commission to develop new policy but part of the Cox~ission's responsibility is to define policy. Commissioner Dickson questioned the difference in the fee structure relative to a new application vs. a continuance, and who would incur the cost of notification. Mr. Piasecki stated that the difference is approximately $400. M/S: Dickson, Christ That R 89-02, request for reinstatement of S 85-02, be denied. Discussion on Motion Commissioner Perrine opposed the motion since he feels it is unfair to the applicant; however, he agreed that the Commission's principles are correct. Vote on motion Motion for denial carried with the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Kasolas, Christ, Dickson, Olszewski Perrine Walker Chairman Olszewski informed Mr. Morelan that he has ten days to appeal this decision to the City Council. Commissioner Dickson requested that Staff provide information relative to ingress/egress and provide past policy regarding reinstatement of applications where there has been a significant lapse of time. Planning Commission Minutes - 5 - June 27, 1989 DOWNTOWN NEIGHBORHOOD STUDY SESSION M/S: Perrine, Christ That due to the special study session on the Downtown Neighborhoods the Planning Commission meeting be recessed at 8:15 p.m., to the Downtown Neighborhood Study Session, subsequently reconvening to consider the remainder of the printed agenda for the Planning Commission meeting at 10:30 p.m., or sooner, this date. Motion carried 5-0-1, with Commissioner Walker being absent. The Planning Commission meeting reconvened at 10:23 p.m., with Commissioners Christ, Perrine, Dickson, and Chairman Olszewski present. Commissioner Kasolas was absent at the onset. PUBLIC HEARINGS 89-05 Minderler, M. Public hearing to consider the application of Mr. Michael Minderler for approval of a variance from 25 feet to 19 feet to allow the construction of a garage addition to an existing building on property known as 1411 Arroyo Seco Drive in an R-l-6 (Single Family Residential) Zoning District. Planning Director Steve Piasecki reviewed the Staff Report and stated that the Staff is recommending approval of this application. He pointed out that the applicant has indicated installation of a roll-up garage door to compensate for the variance. Commissioner Dickson suggested that changes be made to the setback ordinance when roll-up garage doors are installed so that these issues will not have to be considered as variance requests, but rather as conditional approvals. The public hearing was opened. No one wished to speak at this time. M/S: Perrine, Dickson That the public hearing on V 89-05 be closed (motion carried 4-0-2, with Commissioners Walker and Kasolas being absent). M/S: Christ/Perrine That the Planning Commission adopt Resolution No. 2602, including findings indicated in the Staff Report of June 27, 1989, approving the V 89-05. Motion carried with the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Christ, Perrine, Dickson, Olszewski None Kasolas, Walker Chairman Olszewski directed Staff to investigate the possibility of changing the setback requirement when applicants install roll-up garage doors, and requested that this issue be discussed at a future Planning Commission meeting. Planning Commission Meeting -6- June 27, 1989 ZC 89-07/PD 89-08 Saray, S. Public hearing to consider the application of Mr. Steve Saray for approval of a Zone Change from R-M-S (Multiple-Family Residential) to PD (Planned Development); and approval of a Planned Development Permit on property known as 480 W. Sunnyoaks Avenue. (Commissioner Kasolas returned to the Chambers at 10:32 p.m.) Planning Director Steve Piasecki reviewed the Staff Report of June 27, 1989, noting that Staff is recommending approval based upon the fact that the plan is consistent with the General Plan and Zoning Ordinance. Additionally, Mr. Piasecki stated that Staff is of the opinion that the development is attractively landscaped; and, noted redlining which indicates a slight movement of the building to provide more room for guest parking spaces. Commissioner Perrine stated that the Site and Architectural Review Committee is recommending approval as redlined. Commissioner Dickson expressed confusion as to whether the project was one project or two, since the plans before the Commission depict two projects together. Mr. Steve Saray, the applicant, explained why the projects were combined. He stated that combining these projects allows for a better landscape design and that both projects would make use of one driveway thereby mitigating some of the traffic concerns. Further, in response to Commissioner Dickson's question regarding the number of parcel maps there would be, Mr. Saray indicated that he is currently trying to acquire one parcel map for both projects. Discussion ensued relating to the percolation ponds adjacent to the project. The applicant explained that there is a recorded easement to the three percolation ponds; and, that his main concern is to provide a project that would allow the people living there the opportunity to interact with the community. The public hearing was opened. No one wished to speak at this time. M/S: Perrine, Christ That the public hearing on ZC 89-07PD 89-08 be closed (5-0-1, Commissioner Walker being absent.) M/S: Perrine, Christ That the Planning Commission recommend that the City Council accept the Negative Declaration which has been prepared; and, that the Commission adopt Resolution Nos. 2603 and 2604, including findings and conditions indicated in the Staff Report of June 27, 1989, recommending that the City Council approve ZC 89-07/PD 89-08. Planning Commission Minutes -7- June 27, 1989 Discussion on Motion Chairman Olszewski mentioned that he would like to see future developments integrating open space areas to provide recreational outlets in high density projects within the City, such as Mr. Saray~s project near the percolation ponds. Commissioner Christ pointed out that percolation ponds cannot be used as recreational facilities, and questioned Chairman Olszewski's comments stating that the issue would be between the Water District and the City and would not involve the developer. Chairman Olszewski explained that his intention would be that the landscaping of these ponds to look more like reservoirs would provide more usable open space. Vote on Motion Motion for approval carried with the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Kasolas, Christ, Perrine, Dickson, Olszewski None Walker M 89-05/UP 85-03 Namkoong, P. Public hearing to consider the application of Mr. Paul Namkoong for approval of a modification of a previously approved Use Permit to allow the expansion of a billiard parlor on property known as 2097 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District. Planner II Tim Haley reported that the request was for a modification to a previously approved Use Permit requesting additional tables and expansion of the floor area. He stated that the Staff is recommending approval'. Commissioner Kasolas questioned the hours of operation. Mr. Haley explained that the original use permit to operate from 12 noon to 10:00 p.m. was amended by the Planning Commission at the six-month review in March 1989, to an increase in hours from 12 noon to 2:00 a.m. Chairman Olszewski noted that the Police Department has reviewed this application and that they have had no problems there. public hearing was opened. M/S: Perrine, Dickson No one wished to speak at this time. That the public hearing on M 89-05/UP 85-03 be closed (5-0-1, Commissioner Walker being absent). Planning Commission Minutes -8- June 27, 1989 M/S: Perrine, Kasolas That the Planning Commission adopt Resolution No. 2605, incorprating the findings and conditions indicated in the Staff Report of June 27, 1989, approving M 89-05/UP 85-03. The motion carried with the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Kasolas, Christ, Perrine, Dickson, Olszewski None Walker MISCELLANEOUS SA 89-15 Cris Casera Signing request - 24 E. Campbell Avenue - Cris Casera - PD (Planned Development Commercial) Zoning District. Commissioner Kasolas requested that his vote be recorded as an abstention since he left the Chambers at 7:30 p.m., and returned at 7:38 p.m., thereby missing some of the discussion on this item. Planning Director Steve Piasecki reported that the applicant has requested a continuance to the meeting of July 25, 1989. Commissioner Perrine stated that the Site and Architectural Committee is supportive of the continuance since it will allow the applicant to make appropriate modifications to the sign. M/S: Perrine/Dickson That SA 89-15 be continued to the Planning Commission meeting of July 25, 1989. Motion carried 4-0-1-1, with Commissioner Walker being absent, and Commissioner Kasolas abstaining due to absence from the discussion on the item). M 89-04 Brown, W. & A. Application of Woodrow and Anita Brown for a modification to a sideyard setback to allow construction of a second-story addition to an existing single family home in an R-2-S (Multiple Family Residential) Zoning District on property known as 188 Sunnyside Avenue. Planning Director Steve Piasecki reviewed the Staff Report of June 27, 1989, and noted that Staff is recommending approval of this modification. Commissioner Perrine reported that the Site and Architectural Committee requested additional windows on the west elevation. The Committee is recommending approval as redlined. Planning Commission Minutes -9- June 27, 1989 Commissioner Dickson requested information on the placement of the second story. Mr. Piasecki detailed the proposal explaining that the modification would be to add a second story element to the back side of the existing structure. Commissioner Christ expressed concern regarding the bearing wall and existing setback requirements. Lengthy discussion ensued relating to this issue. M/S: Kasolas, Dickson That the Planning Cox~ission adopt the findings indicated in the Staff Report of June 27, 1989 and approve M 89-04, as redlined, with details to be reviewed by Staff. Motion carried 5-0-1, with Commissioner Walker being absent). M 89-07/S 88-21 Anderson, K. Application of Mr. Kurt Anderson for approval of a modification to a previously approved site plan allowing an adjustment to building location for 2 residences in a 12-unit subdivision on properties known as 710 and 722 Budd Avenue in an R-l-6 (Single Family Residential) Zoning District. Planner II Tim Haley reviewed the Staff Report of June 27, 1989, noting that the modifications were consistent with current Zoning Ordinance and the General Plan. The reasons for the request were to accommodate a larger driveway and to retain two pine trees by modifying the street alignment. Staff is recommending approval. In response the Commissioner Dickson's question regarding adjacent property owners being notified, Mr. Haley stated that adjacent property owners had been notified. Commissioner Perrine reported that the Site and Architectural Review Committee is recommending approval. Commissioner Christ raised issues regarding why the property lines require being moved so significantly. Mr. Haley stated that one reason was retention of the trees; however, the main reason was to provide a longer driveway since there are a number of homes on the cul-de-sac that require more on-street parking. Discussion ensued regarding the setbacks and home alignments. Commissioner Kasolas expressed concern regarding rearyard setback requirements. Mr. William Salsberg, 675 Jeffrey Avenue, addressed impacts this development will have on his rearyard privacy and the privacy of the rear windows of his two-story residence which sets up higher than the development units. Further, he requested that trees be planted along the fence to mitigate these concerns. Planning Commission Minutes -10- June 27, 1989 Mr. Kurt Anderson, applicant, indicated his willingness to plant more trees along the fence lines of adjoining properties. Commissioner Christ commented that since rearyard setbacks on lots 4, 5, 7 and 8 are less than the other lots, these lots should require additional trees planted along their property lines. M/S: Perrine, Christ That M 89-07/S 88-21 be approved per Staff Recommendation, with the added condition that additional trees be planted, concentrating plantings along Lot Nos. 4, 5, 7 and 8 as reviewed and approved by the Planning Director. Motion carried 5-0-1, with Commissioner Walker being absent. SUBCOMMITTEE REPORTS Commissioners Christ and Perrine reported that the Advisor Selection Committee met on June 23, 1989, to interview prospective candidates for the Architectural Advisor and Landscape Advisor positions. Both Commissioners noted that there were several qualified applicants. Commissioner Perrine stated that, as a result of the meeting, the Subcommittee is recommending the appointment of Mr. Edward Janke, AIA, as Architectural Advisor; and, Ms. Susan Landry, as the Landscape Advisor. Commissioner Kasolas asked what kind of questions were asked of the applicants. Commissioner Perrine stated that applicants were asked questions relating to whether they had time for the responsibility and why they desired to be Advisors. Additionally, applicants were requested to review an architectural drawing and comment on the design. M/S: Christ, Perrine That the Commission accept the recommendation of the Advisor Selection Committee and appoint Edward Janke, AIA, as Architectural Advisor; and, appoint Ms. Susan Landry, as the Landscape Advisor. Motion carried 5-0-1, with Commissioner Walker being absent. REPORT OF THE PLANNING DIRECTOR Director Piasecki noted the written report and requested that the Commission consider whether or not they will cancel an August Planning Commission meeting. Planning Commission Minutes -11- June 27, 1989 Discussion ensued relative to the cancellation of a meeting in August. M/S: Perrine, Dickson That the Planning Commission meeting of August 8, 1989, be cancelled. Motion carried 5-0-1, with Commissioner Walker being absent. ADJOURNMENT There being no further business, the meeting was adjourned at 11:12 p.m. APPROVED: Bruce J. Olszewski Chairman ATTEST: Steve Piasecki Secretary RECORDED: Karon D. Shaban Recording Secretary