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