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PC Min 11/14/1989P~NNING C08~SSlON CITY OF C_~Bx~.L, C. AL't¥~mJqIA 7:30 P.M. TUESDAY CITY HALL, COUNCIL CHAMBERS NOVEMBER 14, 1989 MINUTES ~.- The Planning Commission of the City of Campbell convened this day in regular session in the City Hall Council Chambers, 70 North First Street,' Campbell, California, and the following proceedings were had to wit: ROLL Commissioners Present: Commissioner Ronald Christ Commissioner Jane Meyer Commissioner Mark C. Wilkinson Commissioner I. (Bud) Alne Commissioner Jay Perrine Chairperson Bruce J. Olszewski Commissioners Absent: Commissioner David Fox Staff Present: Director of Planning Steve Piasecki Planner II Tim J. Haley Planner I Gloria Sciara City Engineer Bill Helms City Attorney William Seligmann Reporting Secretary Karon Shaban APPROVAL OF TBEMINWrEs The minutes of the meeting of October 24, 1989, were unanimously approved, as submitted, 5-0-1-1, Chairperson Olszewski abstaining due to his absence at the October 24, 1989, meeting, and, Commissioner Fox being absent for this meeting. COMMUNICATIONS Planning Director Piasecki informed the Commission that communications included in the Commission packets pertain to items listed on the agenda, and, noted one additional item distributed at this meeting. A memorandum, dated October 24, 1989, from Barbara Lee, Assistant to the City Manager, relating to the Capital Improvement Program, 1990-91 and 1994-95. O U STS There were no oral requests. SPECIAL PRESENTATION 1. City Manager's Office Barbara Lee Presentation of the Advisory Commissioners' Handbook was accepted with appreciation. Ms. Lee informed the Commission that the City Council is planning future study sessions and workshops for Commissioners, tentatively scheduled for January 31, 1990 and March 31, 1990. Planning Commission Mint CONSENT CAI.laqDAP, ~' 2. ~ 89-05 Vindasius, A. - 2 - ~vember 14, 1989 Consider the application of Mr. A1 Vindasius for approval of a Tentative Subdivision Map for previously approved plans to construct 8 townhouses on property known as 107-129 East Rincon Avenue, in a PD (Planned Development) Zoning District. Planner II Tim Haley reviewed the Staff Report, dated November 14, 1989, noting that Staff is supportive of the Tentative Subdivision Map. M/S: Perrine, Meyer Motion to approve the Tentative Subdivision Map, TS 89-05, previously approved to construct 8 to~nhouses on property known as 107-129 East Rincon Avenue, carried on a 5-1-1 vote, Commissioner Christ voting no and Commissioner Fox being absent. PUBLIC HEARINGS 3. S 89-14 Bamburg, M. Continued Public hearing to consider the the application of Marvin Bamburg for Site and Architectural approval allowing construction of a professional office building on properties known as 1830 and 1836 East Hamilton Avenue and 1670 Grace Avenue; and, approval of a Zone Change from R-1 (Single Family Residential) to PO (Professional Office) for 1670 Grace Avenue. Chairperson 01szewski read the Application into the record. Planning Director Piasecki noted that the Applicant has requested a continuance until the November 28, 1989, Planning Commission meeting. Chairperson Olszewski opened the Public Hearing on S 89-14. No one wished to speak. M/S: Perrine, Meyer Motion to continue S 89-14 to the November 28, 1989, Planning Cosnission ~eeting carried 6-0-1, Co~nissioner ~ox being absent. Item Nos. 4, ZC 89-11/PD 89-13; 5, M 89-14; and, 7, M 88-23 were heard at the same time, since the Staff has recommended that these items be removed from calendar and renoticed on date uncertain. The Applicants concur with this recommendation. Chairperson Olszewski read the Applications into the record, separately, and opened the Public Hearings on each. e ZC 89-11/PD 89-13 Gonsalves, F. Continued Public Hearing to consider the application of Mr. Frank Gonsalves for approval of a Zone Change from R-M-S (Multiple-Family Residential) to PD (Planned Development); and, approval of a Planned Development Permit to allow the construction of 3 townhomes on property known Planning Commission Minu - 3 - Nove .r 14, 1989 5. M 89-14 Doise, E. as 2011 Pollard Road, in an R-M-S (Multiple-Family Residential/Low-Medium Density Residential) Zoning District. Continued Public Hearing to consider tbe application of Mr. Earl Doise for approval of a modification to a previously approved site and architectural approval to allow construction of a second story addition to an existing industrial building, on property known as 203 Kennedy Avenue, in a M-1-S (Light Industrial) Zoning District. Continued Public Hearing to consider the application of Mr. James Black, on behalf of Prometheus Development Company, for a modification to the previously approved Development Agreement and Conditions of Approval for revision to a_ ~ parking lot, on property known as 900 East_~amilton Avenue, in a PD (Planned Development/Commercial) Zoning District. M/S: Al.ne, Perrime Motion to close the Public Hearing to Item Nos. 4, ZC 89-11/PD 89-13; 5, M 89-14; and, 7, M 88-23 unanimously carried, 6-0-1, Commissioner Fox being absent. M/S: Alne, Meyer Motion to remove Item Nos. 4, ZC 89-11/PD 89-13; 5, M 89-14; and, 7, M 88-23 from calendar to be renoticed on date uncertain unanimously carried, 6-0-1, Commissioner Fox behg absent. ZC 89-13/PD 89-16 Saray, S.~ Continued Public Hearing to consider the application of Mr. Steve Saray, for approval of a Zone Change form R-1 (Single-Family Residential) to PD (Planned Development); and, approval of a Planned Development Permit to allow the construction of'~i=~tewnheme~On properties known as 65 - 85 Rest LattmmrAvenae, in an R-1 (~n~'k~['i~"~siden~ial/Medium Density Residential) Zoning District. Chairperson Olszewski read the Application into the record. Planner II Tim Haley presented the Staff Report, dated November 14, 1989, drawing attention to the site plans and architectural renderings which were on display. He noted that this item was before the Planning Commission on October 10, and October 24, 1989, and listed Staff's current concerns: - Latimer Avenue street frontage - Parking and on-site circulation - Diversity in design along Esther Avenue - Hidden entrances and narrow pathways. Planning Commission Minu__s - 4 - November 14, 1989 Mr. Haley further stated that the Staff is recommending approval since these concerns can be easily addressed. Commissioner Perrine reported regarding the Site and Architectural Review Committee meeting. He noted that the Committee was supportive of the revisions made by the Applicant, and, that the Committee felt that the revisions addressed the concerns of the Commission. Commissioner Christ expressed the following concerns relating to the redesign and revisions: - The revisions do not address the past concerns - Awkward back up space - Frontage on Latimer Avenue Further, Commissioner Christ noted that the design currently being presented is so different from the original plan that it ought to be a new application. He indicated his concerns relative to the current proposal, as the chimneys location, and frontage along Latimer. Commissioner Perrine concurred that trade-offs were made regarding the design of the project. Commissioner Christ expressed dismay for the way the application was handled, that problems were created by members of this Commission and the Staff which held up the Applicant unnecessarily. He stated that his support for the current project is based upon his desire not to impede the application further, and not based upon his appreciation for the current revisions of the project. Planning Director Piasecki explained that the revisions as they were presented at Site and Architectural Review Committee, pointing out the Commission has the authority to deny the application if the Commission is not supportive of the revisions. Chairperson Olszewski asked about: - Tandem parking - Adjacent uses - Consistency along the Latimer Avenue street frontage Mr. Haley explained how these issues will be addressed. Commissioner Alne expressed the following concerns: - Continuous request for revisions - No specified goals given by Staff to the Applicant Chairperson Olszewski opened the Public Hearing on ZC 89-89-13/PD 89-16. Mr. Steve Saray, the Applicant, addressed the Commission regarding concerns expressed by the Commission relative to the Latimer Avenue street frontage, and requested support for the project. Planning Commission Mink - 5 - iovember 14, 1989 NIsI: N~r, Alne Notion to close the l~blic H~arinR on ZC 89-13/PD 89-16, unanimouslyapproved, 6-0-1, Commissioner Fox being absent. Discussion Commissioner Christ expressed concern that items previously brought out by the Architectural Advisor were: - Proximity of units - On-site circulation - Inadequate yard space Further, Commissioner Christ noted that these same concerns still exist, yet Staff is now recommending approval, subject to more changes. M/S: Perrine, Meyer Motion to recommend that City ~ouncil accept the Negative Declaration, and adopt Resolution No. 2634, incorporating the attached findings, recommending approval of the Zone Change, fro~ R-1-S to PD; and, adopt Resolution 2635, reco~nding that City Council approved the Planned Development Per, it. Discussion on Motion: Commissioner Christ reaffirmed his concerns as stated above, and noted that he will support the Applicant's proposal. Motion carried with the following Roll Call ¥ot~: AYRS: NO~S: ABS~IiT: Commissioners: Comdssioners: Co~znissioners: Christ, Meyer, Perrine, Alne; Wilkinson, Olszewski None. Fox 8. UP 89-25 Jurgenson, R.~ Public Hearing to consider the application of Mr. Roger Jurgenson for approval of a Use Permit to allow an on-sale beer and wine liquor license in conjunction with a pizza parlor restaurant, located on property known as 915 South San Tomas Aquino / Road, in an C-1-S (Neighborhood Commercial)'Z0nihg District. Chairperson Olszewski read the Application into the record. Planner I Gloria Sciara presented the Staff Report, dated November 14, 1989, noting Staff's support for the proposal. Commissioner Perrine asked about the Police Department's report, and in response, Ms. Sciara stated that the Police Department had no objections to the proposal. The Public Hearing on UP 89-25 was opened. No one wished to speak. Planning Commission Minu~ ~ - 6 - .,ovember 14, 1989 M~St l~rrtne, Meyer Notion to close the Public H~aring on lip 89-25 unanimously carried, 6-0-1, Commissioner Fox being absent. Chairperson 01szewski pointed out that this license is for beer and wine, and not liquor. Commissioner Christ initiated discussion regarding sufficient seating for this proposal. Commissioner Alne asked if the proposed seating would be appropriate for available parking. Planner I Sciara informed the Commission of current parking requirements that would allow approximately 30 seats for this project. Director Piasecki noted that the Commission has the authority to vary the parking requirements. M/S: Meyer, llne Motion to re-open the Public Hearing on liP 89-25 unanimously carried, 6-0-1, Commissioner Fox being absent. Mr. Roger Jurgenson, the Applicant, addressed the Commission and stated that there are currently 35 seats available at the site and that he is hopeful that 40 or 50 seats will be authorized, based upon the available parking. He noted that adjacent businesses do not utilize all of the parking available to them. Commissioner Christ explained that the Applicant can re-address the Commission regarding the number of seats at a later date, if he wishes to do so. M/S: Meyer, Alne Motion to close the l~blic Heating on UP 89-25 unanimously carried, 6-0-1, Commissioner Fox being absent. M/S: Alne, Perrine ~otion to adopt Resolution No. 2636, incorporating the attached findings, and approving UP 89-25, carried by the'following roll call vote: AYES: NOES: ABSENT: Con~nissioners: f~nissioners: Commissioners: Christ, Meyer, Perrine, Alne, Wilkln~on, Olszewski None Fox H~B 89-03 ~ostanzo, J. Public Hearing to consider the application of c~!t~line Costanzo to approve property known as 227/A~ice Avenue, as a Historic Landmark, in an R-i-~H (Single-Family Residential/Historic Overly) Zoning District. Planner II Tim Haley presented the Staff Report, dated November 14, 1989, noting the approval by the Historic Preservation Board by their adoption of a Resolution to recommend that this home be designated as a Historic Landmark. Further, Mr. Haley noted Staff's recommendation to approve the designation. Planning Commission Minu~.~ - 7 - . No~ .,lber 14, 1989 Commissioner Alne requested information regarding limitations on historically designated homes. Mr. Haley noted the restrictions accompanying such a designation. Chairperson Olszewski opened the Public Hearing on HPB 89-03. No one wished to speak. M/S: Perrime, Meyer Notion to close the Public Hearing on HPB 89-03 carried 6-0-1, Commissioner Fox being absent. M/S: Perrine, Wilkinson Notion to adopt Resolution No. 2637, incorporating the attached findings, recommending that City Council approve the Historic Lan~=rk designation, carried on the following roll call vote: AYES: NOES: ABS~T: Commissioners: Co=nissioners: Cozmissioners: 10.~V 89-08 Nichols, L. Christ, Meyer, Perrine, Alne, Wilkinson, Olszewski None ~Fox Public Hearing to consider the application of Mr. Larry Nichols for a variance to the sideyard setback requirement from five feet to four feet to allow a single-story addition to an existing non-conforming single-family home, on property ~known as 167 Alice Avenue, in an R-1 (Single-Family Residential) Zoning District. Chairperson Olszewski read the Application into the record. Planning Director Piasecki presented the Staff Report, dated November 14, 1989, noting Staff's approval. Chairperson Olszewski queried relative the whether Alice Avenue is currently part of a Historic Zoning District. Mr. Piasecki stated that it is currently zoned R-i-H, which is Single-Family Residential with an Historic Overlay. Chairperson Olszewski opened the Public Hearing on ¥ 89-08. No one wished to speak. M/S: Meyer, Motion to close the Public Hearing on¥ 89-08 unanimously carried, 6-0-1, Commissioner Fox being absent. M/S: Perrine, Alne Motion to adopt Resolution No. 2638, incorporating the attached findings and approving the Applicant's request for a variance, unanimously carried with the following roll call vote: Commissioners: C~issioners: Cmmissioners: Christ, Meyer, Perrine, A~e, Wilkinson, Olszewski None Fox Planning Commission Min~, s - 8 - November 14, 1989 11. ¥ 89-09 Collura, P. Public Hearing to consider the application of Mr. Paul Collura for approval of a variance to the required 25 foot setback for a garage to a 20 foot setback, for property known as 346 David Avenue, in an R-1 (Single-Family Residential) Zoning District. Chairperson Olszewski read the Application into the record. Planning Director Piasecki reviewed the Staff Report, dated November 14, 1989, and presented aerial photographs and a location map. He stated that the subdivision was created in 1952, and that this request for a variance is consistent with prior actions taken by the Planning Commission. Chairperson Olszewski opened the Public Hearing on V 89-09. Mr. Paul Collura, the Applicant, addressed the Commission requesting approval of the variance. M/S: Alme, Meyer Motion to close the Public Hearing on V 89-09 unanimously carried, 6-0-1, Co=missioner Fox being absent. Commissioner Christ questioned the building materials, since they were not listed in the Staff Report. Mr. Collura expressed his intent to keep the building materials consistent with those currently existing. kine, Perrine Motion to adopt Resolution No. 2639, incorporating the attached findings, and approving the requested variance, subject to the attached conditions carried with the following roll call vote: AYES: NO~: ABSENT: 12. UP 89-27 b~{hoemate, B. Commissioners: Co~nissioners: Co~missioners: ~hrist, Meyer, Perrine, Alne, Wilkinson, Olszewski None Fox Public Hearing to consider the application of Ms. Bernadette Shoemate for approval of a Use Permit to allow an off-sale beer and wine license in conjunction with a gift basket speciality .~p. eration, located on property known as 33B North ZFirst Street, in a C-3-S (Central Business) Zoning Di---i~t~ict. Chairperson Olszewski read the Application into the record. Planner I Gloria Sciara reviewed the Staff Report, dated November 14, 1989, noting Staff is recommending approval. Chairperson Olszewski opened the Public Hearing on UP 89-27. No one wished to speak. 'Pl~n-ing C~ission Nlm ; - 10- I ~ber 14, 1989 this~atter be continued until that time, Chairperson Olszevski questioned the fairness of the ordinance, since he sees no difference between a Pizza establistanent that serves beer and vine or a bowling alley that serves beer and vine. Co~nissioner tine concurred with Co~aissioner Perrine's suggestion to delay action to provide the City Attorney with sufficient time to review the ordinance. Coemissioner Hilkinson stated that he concurred with the analogy regarding the bowling alley and would like the ordinance reviewed by the City Attorney. Comnissioner Christ stated that the intent of the ordinance is clear, that the City Councilmembers who wrote the ordinance believed that minors should not be allowed in billiard parlors that serve alcohol, end stated that he sees no value in directing the City Attorney to review the ordinance. M/S: Perrine, Alne Motion to continue UP 89-24 to the Planning Commission meeting of November 28, 1989, carried on the following roll call vote: AYES: Commissioners: Meyer, Perrine, Alne, Wilkinson, NOES: Commissioners: Christ ABSENT: Commissioners: Fox Olszewski ThePlanning Coeefission~eeting recessed at 9:25 p.m., and reconvened at 9:35 p.m., with all Commissioners present, except Co~missioner Fox. 14. UP 89-26 ~amourkashian, D. Public Hearing to consider the application of Hr. Dikran Samourkashian for approval of a Use Permit to allow an on-sale beer and wine liquor license, in conjunction vith a 1200 square foot restaurant, located on property knovn as 100 Hest N=miltonL~ Avenue, in a C-2-S (General Coemercial~ZoninE District. Chairperson Olszewski read the Application into the record. Planner I Gloria Sciara reviewed the Staff Report, dated November 14, 1989, noting that Staff is recommending approval. Chairperson Olszewski opened the Public Hearing on liP 89-26. No one wished to speak, at this time. Cos~nissioner Perrine asked Staff to review the suggested limited hours of operation and explain why these hours were noted. Ms. Sciara explained that the Police Department~ade a request to limit the hours of operation and that it is Staff's policy to prevent Police action; that hours of operation should be limited fro~6:00 p.m., until 11:00 p.m., since the project is in close proximity to residential areas. Planning Con~ission Minu ~ - 9 - ~vember 14, 1989 M/S: Alme, Meyer M/S: Alne, Meyer Notion to close the l~blic Hearing on UP 89-27 unanimously carried, 6-0-1, Commissioner Yoz being absent. Motion to adopt Resolution No. 2640, incorporatinR the attached findings, approving the Applicant's request for an off-sale beer and vine license in con]unction vith a Rift packaRe delivery operation, carried by the folloving roll call vote: Co~aissioners: Commissioners: Co~missioners: Christ, Meyer, Perrine, Alne, Wilkinson, Olszewski None ~ox 13. UP 89-24 ~Namkoong, P. Public Hearing to consider the application of Mr. Paul Namkoong for approval of a Use Permit to allow an on-sale beer and wine license, in conjunction with a 3450 square foot billiard parlor, on property known as 2097 South~ascom Avenue, in an C-2-S (General Commercial) ZoningS. Chairperson Olszewski read the Application into the record. Planner I Gloria Sciara reviewed the following concerns, outlined in the Staff Report, dated November 14, 1989, relating to the proximity of the proposal to residential areas: - The Billiard Hall Ordinance, Section 5.28.010 and 5.28.040, which prohibits minors from entering an establishment which serves alcohol and contains billiards. - Hours of operation to be limited to an earlier closing time, due to its relative isolation from other nighttime entertainment facilities, and its lack of private security. - Police Department's request to restrict hours in which alcohol sales could take place. The Public Hearing on UP 89-24 was opened. Mr. Paul Namkoong indicated that he does wish to serve beer and wine, but does not want to restrict minors from the establishment, further, he expressed the following concerns: - That restricted hours of operation (12 p.m., until 11:00 p.m.) were financially detrimental to his business. - Restricted hours would be difficult to enforce. - Other cities allowed billiard parlors to serve beer and wine, without restrictions. - Questioned the Billiard Parlor Ordinance Discussion between Commissioners ensued relating to the antiquity of'this particular ordinance and the need for interpretation of Billiard Parlor Ordinance. Commissioner Perrine suggested that the City Attorney review the ordinance and render an opinion, at the next regular Commission meeting, and suggested that Planning Commission Minu~ - 11 - November 14, 1989 Commissioner Christ asked if it was a policy established by the City Council to prohibit the sale of alcohol after certain hours. Director Piasecki stated that the Council has asked the Planning Department to be aware of establishments that propose to serve alcohol in residential areas. Commissioner Christ pointed out that if it is the intent of the Planning Department to limit hours of operation to allow an establishment to serve alcohol when food is being served, then it would seem reasonable to assume that if one entered the establishment at 11:00 p.m. and requested a meal, it would be provided. Commissioner Alne stated that the condition to allow alcohol "while food is available" is not enforceable. Chairperson Olszewski opened the Public Hearing on UP 89-26. Mr. Samourkashian, the Applicant, stated that his intent is to operate a private catering service. Further, that the request to stay open longer would be for the purpose of catering a private party on-site. Commissioner Perrine asked if the Staff would have a problem making an overall rule to operate the business from 6:00 p.m. until 12:00 mid-night. Director Piasecki stated that, in this particular case, Staff would not have a problem with it. Commissioner Christ stated that, in the past, the Commission has extended operation hours on weekends and that it would be appropriate to be consistent. M/S: Alne, Meyer Motion to close the Public Hearing on UP 89-26 unanimously carried, 6-0-1, C~issioner Fox being absent. M/S: Christ, Perrine Notion to adopt Resolution No. 2641, incorporating the attached findings, approving the request for an on-sale beer and wine license, in conjunction with a Mediterranean restaurant, as modified, to extend the hours of operation on week days from 6:00 p.m., until 11:00 p.m., and on weekends from 6:00 p.m., until 12:00 mid-night, carried with the following roll call vote: Connissioners: Connissioners: Connissioners: tlrist, Neyer, Perrine, Alne, Wilkinson, Olszewski None li'ox 15. UP 89-23 l/Jack, P. Public Hearing to consider the application of Mr. Paul Jack, on behalf of Ballroom Dance, Inc., for approval of a Use Permit to allow a ballroom dance ~studio at 1707 South Bascom Avenue, in a C-2-S (General Commercial) Zo-~ning District. Chairperson Olszewski read the Application into the record. Planning Commission Min ~s - 12 - .vember 14, 1989 Director Piasecki presented the Staff Report, dated November 14, 1989, noting that Staff is recommending approval. Chairperson Olszewski opened the Public Hearing on UP 89-23. Commissioner Alne asked how the lessons will be arranged relative to payment for such. Mr. Paul Jack, the Applicant, addressed the Commission responding to Commissioner Alne's question. He stated that the studio does have an agreement and that State Law provides a maximum amount for lifetime memberships, and, that it is set at $3,750, further, that these agreements are cancellable under State Law. Additionally, Mr. Jack informed the Commission of a possible name change. M/S: Alne, Meyer Motion to close the public hearing onUP 89-23 unanimously carried, 6-0-1, Co~nissioner Fox being absent. Meyer, Christ Motion to adopt Resolution No. 2642, incorporating the attached findings, approving this application, subject to the conditions, carried with the following roll call vote: AYES: NOES: ABSENT: Co~missioners: Co~missioners: Commissioners: Christ, Meyer, Perrine, klne, Wilkinson, Olszewski None ~'ox MISCELLANEOUS 16. Cancellation of the Planning Comnission meeting of December 26, 1989. M/S: Meyer, Alne Motion to cancel the regularly scheduled Planning Comission meeting unanimously carried, 6-0-1, Commissioner Fox being absent. REPORT OF THE PLANNING DIRECTOR Director Piasecki noted that the Annual Commissioners' Dinner will be held Friday, November 17, 1989. SUBCOMMITTEE REPORTS Chairperson Olszewski reported on the Mayor's Commission on Commissions and Advisory Board meeting of November 13, 1989, and noted that the new Mayor has requested that the Planning Commission come up with four topics to discuss at the next joint study session of the City Council and Planning Commission. Additionally, Chairperson Olszewski noted that historic events during Planning Commission meetings can be video taped. Planning Commission Minu~ ~ - 13 November 14, 1989 Adjournment to the regularly scheduled Planning Commission meeting of November 28, 1989, subsequently adjourning to a study session, immediately £ollowing, in the Council Chambers, 70 North First Street, Campbell, California. APPROVED: Bruce J. Olszewski Chairperson ATTEST: Steve Piasecki Secretary RECORDED: Karon Shaban Reporting Secretary