PC Min 03/25/2003CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M.
MARCH 25, 2003
CITY HALL COUNCIL CHAMBERS
TUESDAY
The Planning Commission meeting of March 25, 2003, was called to order at 7:30 p.m., in the
Council Chambers, 70 North First Street, Campbell, California by Chair Hernandez and the
following proceedings were had, to wit:
ROLL CALL
Commissioners Present:
Chair:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Joseph D. Hernandez
George Doorley
Bob Alderete
Elizabeth Gibbons
Tom Francois
Brad Jones
Michael Rocha
Commissioners Absent:
None
Staff Present:
Community
Development Director:
Senior Planner:
Associate Planner:
Planner II:
Planner I:
City Attorney:
Reporting Secretary:
Sharon Fierro
Geoff I. Bradley
Tim J. Haley
Darcy Smith
Melinda Denis
William Seligmann
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Doorley, seconded by Commissioner Francois,
the Planning Commission minutes of February 25, 2003, were approved.
(6-0-0-1; Commissioner Jones abstained)
COMMUNICATIONS.
I. Amended findings for Agenda Items 1 and 2.
AGENDA MODIFICATIONS OR POSTPONEMENTS
None.
Planning Commission Minutes of March 25, 2003 Page 2
ORAL REQUESTS
There were no Oral Requests.
PUBLIC HEARING
Chair Hemandez read Agenda Item No. 1 into the record.
1. PLN2003-11
Murphy, S & L
Public Heating to consider the application of Sean and Laura
Murphy for a Conditional Use Permit (PLN2003-11) to allow the
establishment of a retail use in an existing commercial building
previously used as a restaurant on property owned by Sean and
Laura Murphy located at 1228 Camden Avenue in a PD (Planned
Development/Commercial) Zoning District. This project is
Categorically Exempt. Planning Commission decision final in 10
calendar days, unless appealed in writing to the City Clerk.
Project Planner: Tim J. Haley, Associate Planner
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that the applicants are seeking a Conditional Use Permit
to allow the
establishment of a new use within an existing commercial building, formerly Carrow's
Restaurant. This building was constructed in 1971 at the comer of Curtner and Camden
Avenues at Highway 17. The site consists of .62 acres and provides 39 parking spaces.
· Described the proposed use of the site as 60 percent for a new copy company and the
remaining 40 percent as a yet to be determined second retail use.
· Stated that the proposed hours of operation are from 9 a.m. to 5 p.m.
· Said that the General Plan Land Use Designation is Commercial and the Zoning was
recently changed from Industrial to Planned Development.
· Informed that only minor architectural changes are proposed including the removal of
window trim, installation of an open roof truss system and roof screen.
· Recommended approval.
Commissioner Doorley presented the Site and Architectural Review Committee report as
follows:
· SARC reviewed this project on March 11, 2003, and was supportive with the addition of
planting along the Highway 17 property line and the inclusion of an open roof truss.
Commissioner Gibbons asked staff if the SARC recommendations were incorporated.
Associate Planner Tim J. Haley replied yes. The landscaping is planned for along the fence.
Commissioner Francois asked about the roof truss.
Chair Hemandez opened the Public Hearing for Agenda Item No. 1.
Mr. Sean Murphy, Project Applicant and Property Owner, 1228 Camden Avenue, Campbell:
· Advised that the roof truss is depicted on the plans included in the staff report.
Planning Commission Minutes of March 25, 2003 Page 3
· Questioned Condition 7 regarding Trash and Recycling. Advised that there is already a
trash enclosure on the property that is surrounded by a six-foot fence with slats.
Commissioner Doorley pointed out that the requirement is for a solid wall.
Senior Planner Geoff I. Bradley advised that the enclosure must be big enough to serve the
new uses on the site. Added that size wise, this enclosure should be large enough but that
current standards require a solid wall. The intent of the condition is to upgrade the fence to a
solid wall.
Commissioner Doorley asked Mr. Sean Murphy if he takes exception to that requirement.
Mr. Sean Murphy said that he is concerned over cost at this time but would love to accomplish
this in the future. Also questioned the requirement for 24-inch box trees when he is proposing
to install shrubs along the fence. Added that a drip system irrigation system will run along the
fence to serve these shrubs.
Commissioner Doorley questioned the proposed changes to the roof.
Mr. Sean Murphy said that he drew the exhibit himself to demonstrate the roof and that it
would probably appear bigger than it does per his drawing. Added that it will incorporate the
same pitch as the roof and will look nice, with up lights included at night.
Commissioner Alderete pointed out that the eastern property line actually runs
sidewalk and not the fence along Highway 17, which is the western property line.
any landscaping is proposed along the sidewalk.
along the
Asked if
Associate Planner Tim J. Haley replied no.
Chair Hernandez closed the Public Heating for Agenda Item No. 1.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Francois, the Planning Commission adopted Resolution No. 3480
approving a Conditional Use Permit (PLN2003-11) to allow the
establishment of a retail use in an existing commercial building previously
used as a restaurant on property owned by Sean and Laura Murphy
located at 1228 Camden Avenue and found this project to be Categorically
Exempt under CEQA, by the following roll call vote:
AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and
Rocha
NOES: None
ABSENT: None
ABSTAIN: None
Chair Hemandez read Agenda Item No. 2 into the record.
Planning Commission Minutes of March 25, 2003 Page 4
2. PLN2003-16
Reilly, R.
Public Heating to consider the application of Mr. Richard Reilly,
on behalf of R.V. Cloud, for a Site and Architectural Review
Permit (PLN2003-16) to allow the construction of a new 15,625
square foot storage structure over a portion of the storage yard for
an existing warehousing and distribution plumbing supply use on
property owned by R.V. Cloud Company located at 3000 S.
Winchester Boulevard in an M-1-S (Light Industrial) Zoning
District. This project is Categorically Exempt. Planning
Commission decision final in 10 calendar days, unless appealed in
writing to the City Clerk. Project Planner: Tim J. Haley,
Associate Planner
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that the applicants are seeking a Site and Architectural Review Permit to allow the
construction of a 15,600 square foot, 28-foot high metal storage structure over an existing
storage yard at R.V. Cloud to protect materials stored on site. This site was originally
developed in 1969 with an addition in 1976.
· Said that the General Plan Land Use is Industrial and the Zoning is Light Industrial (M-l-
s)
· Said that while the applicant is proposing an off-white color with grey supports, staff is
recommending grey roofing with blue supports to match the existing structure.
· Described the site as including 100 parking spaces. There are no proposed impacts on the
existing parking.
· Stated that five additional trees will be planted along Winchester Boulevard and climbing
vines along a fence.
· Recommended approval and said that this project is Categorically Exempt as an accessory
building to the main use of the property.
Chair Hernandez asked about the parking and sought to verify that no additional demands are
being made on the site to require the provision of additional parking.
Associate Planner Tim J. Haley replied that this is existing outside storage with no additional
space. The applicant is seeking to protect the materials stored on site from the elements.
Added that over the last 40 years, parking on site has not been a problem.
Commissioner Doorley presented the Site and Architectural Review Committee report as
follows:
SARC reviewed this project on February 25, 2003, and was supportive with the request for
five additional trees with bollards to protect them from damage by trucks.
Chair Hemandez opened the Public Heating for Agenda Item No. 2.
Chair Hernandez closed the Public Hearing for Agenda Item No. 2.
Motion:
Upon motion of Commissioner Francois, seconded by Commissioner
Doorley, the Planning Commission adopted Resolution No. 3481 granting a
Site and Architectural Review Permit (PLN2003-16) to allow the
Planning Commission Minutes of March 25, 2003 Page 5
construction of a new 15,625 square foot storage structure over a portion of
the storage yard for an existing warehousing and distribution plumbing
supply use on property owned by R.V. Cloud Company located at 3000 S.
Winchester Boulevard with the revised finding and the addition of bollards
to protect the new trees as recommended by SARC and found this project
to be Categorically Exempt under CEQA, by the following roll call vote:
AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and
Rocha
NOES: None
ABSENT: None
ABSTAIN: None
Chair Hernandez reminded that this action is final in calendar 10 days unless appealed in
writing to the City Clerk.
Chair Hernandez read Agenda Item No. 3 into the record.
3. PLN2002-120
Kennedy, J.
Public Heating to consider the application of Mr. James Kennedy
for a Site and Architectural Review Permit (PLN2002-120) to
allow the construction of three single-story single-family residences
and a Tree Removal Permit (PLN 2003-22) to allow removal of one
Black Acacia tree on property owned by Mr. James Kennedy
located at 1555, 1561 and 1573 Van Dusen Lane in an R-l-9
(Single Family Residential, 9,000 square foot minimum lot size)
Zoning District. This project is Categorically Exempt. Planning
Commission decision final in 10 calendar days, unless appealed in
writing to the City Clerk. Project Planner: Darcy Smith, Planner
H
Ms. Darcy Smith, Planner II, presented the staff report as follows:
· Advised that applicant, James Kennedy, is seeking a Site and Architectural Review Permit
to allow the construction of three single-story, single-family residences and a Tree
Removal Permit to allow the removal of one Black Acacia tree.
· Described the property as currently vacant on the south side of Van Dusen Lane near
Harriet Avenue. This property is being subdivided into three lots.
· Reminded that another approval was granted for this property in July 2001 but expired in
2002 and the property was sold.
· Said that the property is being developed at three units per gross acre, which is consistent
and results in 12,000 square foot lots. The project is also consistent with the R-l-9 Zoning
and the San Tomas Area Neighborhood Plan requirements. The homes consist of three
varied elevations that include representative architectural features of the STANP. There is
significant variation including different rooflines and materials.
· Advised that only two trees on site are protected. The applicant proposes to remove one of
these trees, a Black Acacia tree, which is in poor health and per an arborist's report should
be removed. The second protected tree, a Coast Live Oak, which is in sound health, will be
preserved.
Planning Commission Minutes of March 25, 2003 Page 6
Advised that the installation of curbs, gutters, sidewalks, trees and lighting will be required
with this project.
· Advised that SARC reviewed the project and was supportive with the installation of a
concrete drive in place of the proposed asphalt.
· Recommended the adoption of two resolutions approving this Site and Architectural
Review Permit and Tree Removal Permit.
Commissioner Doorley presented the Site and Architectural Review Committee report as
follows:
· SARC reviewed this project on March 11, 2003, and was supportive with the replacement
of the proposed asphalt driveways with concrete.
Chair Hernandez opened the Public Hearing for Agenda Item No. 3.
Ms. Meg Stein, Representative, San Tomas Neighborhood Association:
· Thanked staff and the applicant.
· Stated that these elevations are wonderful and will create large homes on large lots.
· Expressed appreciation for these homes being single-story.
· Stated that she was looking forward to seeing these constructed and that she believed these
homes would fit in great.
Mr. James Kennedy, Applicant and Property Owner:
· Advised that he worked extensively with staff and revised his plans a few times resulting in
a better project.
· Assured that this will be nice when finished.
Chair Francois:
· Commended Mr. Kennedy on the improvements made, saying the he "nailed" this project.
· Said he was not in favor of an ocean of concrete for the driveways.
· Proposed the replacement with of the proposed concrete driveways with two concrete strips
with grass in the middle.
· Asked Mr. Kennedy for his thoughts on that proposal.
Mr. James Kennedy said he was fine with that suggestion and has spoken with others who have
installed such a driveway successfully.
Chair Hernandez asked for details on this suggestion.
Mr. James Kennedy said that instead of 100 percent concrete, a two foot center is planted in
grass.
Chair Hernandez closed the Public Hearing for Agenda Item No. 3.
Motion:
Upon motion of Commissioner Doorley, seconded by Commissioner Rocha,
the Planning Commission adopted Resolution No. 3482 granting a Site and
Architectural Review Permit to allow the construction of three new single-
family residences and Adopted Resolution No. 3483 granting a Tree
Planning Commission Minutes of March 25, 2003 Page 7
Removal Permit (PLN2003-22) to allow the removal of one Black Acacia
tree on property owned by Mr. James Kennedy at 1555, 1561 and 1573 Van
Dusen Lane with the revised finding and found this project to be
Categorically Exempt under CEQA, by the following roll call vote:
AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and
Rocha
NOES: None
ABSENT: None
ABSTAIN: None
Chair Hernandez reminded that this action is final in calendar 10 days unless appealed in
writing to the City Clerk.
Chair Hernandez read Agenda Item No. 4 into the record.
PLN2003-12
South Bay Teen
Challenge
Public Hearing to consider the application of South Bay Teen
Challenge for a Conditional Use Permit (PLN2003-12) to allow a
retail/thrift store in an existing retail building on property owned by
De La Roche/Martin Properties located at 2127B Winchester
Boulevard in a PD (Planned Development) Zoning District. This
project is Categorically Exempt. Planning Commission decision
final in 10 calendar days, unless appealed in writing to the City
Clerk. Project Planner: Melinda Denis, Planner I
Ms. Melinda Denis, Planner I, presented the staff report as follows:
· Advised that South Bay Teen Challenge is seeking approval of a Conditional Use Permit to
allow a non-profit thrift store within an existing, one-story, 10,200 square foot commercial
retail building, located at W. Rincon and S. Winchester, constructed in 1951 and from
where Winchester Hardware was previously located from 1969 through 2000. The
applicant proposes to use 5,060 square feet with another retail tenant utilizing the adjacent
5,140 square feet. There are 38 parking spaces.
Added that there are no proposed changes to the exterior of the building.
· Stated that this proposed use is consistent with the General Plan. The Zoning for the parcel
is Planned Development and the use is consistent with approval of a Conditional Use
Permit.
· Stated that three people will work on site. The store will be closed on Sundays.
· Added that during store hours, donations will be accepted directly into the store.
· Said that staff is proposing a sign be posted that includes donation hours.
· Informed that a trash enclosure is required as a Condition of Approval and that staff is
recommending that no vehicles or storage be allowed outside the building.
· Said that 35 parking spaces were originally approved for this site and by today's standards
51 spaces would be required. There are currently 38 spaces on the parcel.
· Added that staff does not feel this use will intensify the parking needs of the site and
proposed the addition of one disabled space.
· Recommended approval.
Planning Commission Minutes of March 25, 2003 Page 8
Commissioner Gibbons questioned Condition No. 2 regarding an expiration date.
Director Sharon Fierro clarified that the vest a Use Permit, that use must begin within one year
of approval if no affiliated construction is required to establish that use. This is a standard
condition.
Commissioner Gibbons expressed concerns that the same restrictions against thrift stores
imposed on the Downtown might apply at this location too. Suggested a one-year permit.
Director Sharon Fierro advised that this property has different zoning from the Downtown.
Added that the Commission can put into the approval an automatic review period if it so
wishes.
Commissioner Gibbons said that this has been done in the past. Suggested perhaps a two-year
period before reevaluation of the use.
Chair Hemandez pointed out Condition No. 8 that prohibits the on site storage of a trailer.
Planner Melinda Denis said that donations are received and taken directly into the store rather
than into a trailer.
Chair Hemandez opened the Public Hearing for Agenda Item No 4.
Mr. Randy Rowe, Applicant, South Bay Teen Challenge:
· Expressed his appreciation for the Commission considering his application.
· Explained that Teen Challenge was founded in 1958 to treat those involved with drags,
alcohol and/or gangs. They have 150 centers in the United States and.250 in other
countries. It was established in 1971 in San Jose/Santa Clara Valley. They currently have
a women's and children's location on Alum Rock Avenue and a Family Center that serves
men, women and children.
· Described the three main purposes for the Thrift Store on S. Winchester Boulevard: to
provide low cost opportunity to buy both new and used goods; to provide retail
management training for their residents/students of Teen Challenge, providing education
and training to develop marketable work skills after their one year stay in the Program; and
to provide income for Teen Challenge to allow them to help more people.
· Said that the property owner supports their program and is present this evening.
Commissioner Doorley asked where the male students are housed.
Mr. Randy Rowe replied that the Family Center is located at 26th and Julian in San Jose and
consists of 13 apartments.
Commissioner Doorley asked how the students are involved in the program and whether they
come from the Juvenile Justice System.
Mr. Randy Rowe replied that most of their participants are self-referred and ready to change
their lives. They are a faith-based organization.
Planning Commission Minutes of March 25, 2003 Page 9
Commissioner Doofley asked if students are voluntarily involved or remanded.
Mr. Randy Rowe said that about 95 percent of them are self-referred and about 5 percent are
remanded into the program.
Commissioner Doorley asked if there are other similar places.
Mr. Randy Rowe said that only the two locations he mentioned but that others are planned for
the future.
Chair Hernandez asked if Mr. Rowe is supportive of the suggestion of a review of this use after
a couple of years.
Mr. Randy Rowe replied that there is a lot of work involved in preparing for a second review.
Added that some Planning Commissions do not put a time limit but if Conditions of Approval
are not met, the use is subject to review.
Mr. Jon Rainwater, 120 Sand Stone Drive, Vallejo:
· Said he has spent two months in Campbell and finds it to be an awesome and beautiful
place where he appreciates the sense of humor.
· Said he works five days a week in the thrift store.
· Shared a recent experience at the store where a family purchased a television. As they had
no way to get their purchase home, he delivered it for them and found that this television
was the only piece of furniture in the house, with the exception of a lawn chair.
· Pointed out that lots of seniors shop at their store to buy items for their grandchildren.
· Said that donations come directly from the community from which their clientele comes.
· Said that the students at Teen Challenge are people in recovery.
· Informed that he too contacted Teen Challenge to recover from a cocaine habit eight years
ago and spent 18 months in the program.
· Said that people in the program make a serious commitment and that this is a phenomenal
program with an 86 percent success rate.
Mr. Randy Rowe said that there is a problem with the limitation of vehicles on site. Said that a
couple of vehicles are essential to the store and asked that this condition be changed.
Chair Hemandez asked what kinds of vehicles Mr. Rowe is referring to.
Mr. Randy Rowe replied three vehicles, a cargo truck, a mini van and a pickup truck. These
are essential for the operations and cannot be parked elsewhere.
Chair Hemandez asked what the uses are for these vehicles.
Mr. Randy Rowe replied to pick up donations.
Senior Planner Geoff I. Bradley advised that the only vehicle causing concern is the large
yellow moving truck that does not fit neatly into a regular parking spot.
Planning Commission Minutes of March 25, 2003 Page 10
Commissioner Francois asked if this truck impacts parking for customers and employees.
Senior Planner Geoff I. Bradley replied yes. He said that it takes up parking and partially
blocks driveway accesses as well as lending a more industrial look to the property. Stated that
staff can work with the applicant and property owner to resolve this issue.
Chair Hernandez asked staff if the concern is limited to the larger truck but not to the mini van
or pickup truck.
Senior Planner Geoff I. Bradley replied correct.
Commissioner Francois asked what the alternatives might be.
Senior Planner Geoff I. Bradley replied moving the vehicle where it is more out of view.
Ms. Annette Martin, Property Owner, 2127 Winchester Boulevard:
Assured that it would be very easy to move the truck and advised that her father had a truck
on site for 35 years. The truck could be parked out of site at the back of the store since this
is a huge parking lot with plenty of space.
Commissioner Alderete questioned the parking deficit of 20 percent and asked about past
experience, particularly over the weekend when it appears that there is church use of the
parking. How could this interfere?
Ms. Annette Martin advised that the church use of her parking is without permission but will
not interfere since the thrift store is closed on Sunday.
Chair Hernandez closed the Public Heating for Agenda Item No. 4.
Commissioner Francois:
· Said that he does not see the need for a two-year review of the use since the Conditions of
Approval are subject to review if the applicant fails to meet the requirements.
Said that the parking of the truck will cease to be a problem once moved to the back of the
site.
Commissioner Rocha pointed out the potential of overflow also from the adjacent property.
Commissioner Alderete asked if the adjacent space is occupied.
Chair Hernandez said that while a review period might be nice, it is not necessary. Suggested
having staff work out the parking of the truck out with the applicant.
Commissioner Gibbons reminded that a Conditional Use Permits goes with the property and
not the applicant and that it would be easier to get a response through a review process rather
than processing complaints. Suggested leaving this to the discretion of the Community
Development Director.
Planning Commission Minutes of March 25, 2003 Page 11
City Attorney William Seligmann advised that the Community Development Director already
has that discretion to bring a Use Permit back to the Planning Commission at any time.
Chair Hernandez asked if the other thrift store down the street is in Campbell.
Senior Planner Geoff I. Bradley advised that the thrift store down the street, a Salvation Army
Store, is located in San Jose.
City Attorney William Seligmann provided revised language to the Conditions of Approval to
deal with the issue of parking three vehicles on the site (a box truck, a minivan and a pickup
truck) and limiting the parking of the largest truck to one of its current size and for a period no
more than 10 years.
Motion:
Upon motion of Commissioner Francois, seconded by Commissioner Jones,
the Planning Commission adopted Resolution No. 3484 granting a
Conditional Use Permit (PLN2003-12) to allow a retail/thrift store in an
existing retail building on property owned by De La Roche/Martin
Properties located at 2127B Winchester Boulevard with the parking of the
box truck to be worked out between the applicant and staff and found this
project to be Categorically Exempt under CEQA, by the following roll call
vote:
AYES: Doorley, Francois, Gibbons, Hernandez, Jones and Rocha
NOES: Alderete
ABSENT: Jones
ABSTAIN: None
Chair Hernandez reminded that this action is final in calendar 10 days unless appealed in
writing to the City Clerk.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Ms. Sharon Fierro, Community Development Director, was accepted as
presented with the following additions:
· Advised that there were no items on the Council agenda of March 18th of interest to the
Planning Commission.
· Advised that the CIP, which is thin this year due to the poor economy, and two fence
exceptions are scheduled for the April 8th Planning Commission meeting and that staff is
proposing the cancellation of the April 22nd meeting.
Commissioner Francois advised that the League of California Cities Conference was
wonderful this year.
Commissioner Alderete seconded that sentiment.
Commissioner Rocha tripled that sentiment.
Planning Commission Minutes of March 25, 2003 Page 12
Commissioner Doofley stated that he enjoyed the conference too.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:52 p.m. to the next Regular Public Hearing
on March 25, 2003, (the March 11, 2003, meeting has been cancelled) in the Council
Chambers, City Hall, 70 North First Street, Campbell, California.
SUBMITTED BY:
APPROVED BY:
ATTEST:
Sharon Fierro, Secretary