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PC Min 11/28/1989PLANNING ~SSION CITY OF CA~Bm',L, CALIFOP, Ifl~ 7:30 P.M. CITY HALL, COUNCIL CHAMBERS - TUESDAY NOVEMBER 28, 1989 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: ROI. i, C~J. Commissioners Present Chairperson Bruce Olszewski Commissioner Ronald Christ Commissioner David Fox Commissioner Jane Meyer Commissioner I. (Bud) Alne Commissioner Jay Perrine Commissioners Absent: Commissioner Mark Wilkinson - Excused Staff Present: Director of Planning, Steve Piasecki Planner II Tim Haley City Attorney William Seligmann Public Works Director Don Wimberly Associate Engineer Michelle Quinney City Engineer Bill Helms Reporting Secretary Karon Shaban Building Official Frank Cauthorn APPROVAL OF TME ~: The Minutes of the meeting of November 14, 1989, were approved as submitted, on a vote of (5-1-1), Commissioner Fox abstaining due to his absence at the November 14, 1989, meeting, and Commission Wilkinson 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. on m tms s There were no oral requests. · Planning Commission Minutes - 2 - November 28, 1989 PUBLIC MI~.A~lq~: 1. S 89-14 Bamburg, M. Continued Public Hearing to consider the application of Mr. Marvin Bamburg for Site and Architectural approval to allow construction of a professional office building on properties known as 1830 and 1836 East Hamilton Avenue and 1670 Grace Avenue, in an R-1 (Single-Family Residential) Zoning District. Chairperson Olszewski read the Application into the record. Director Piasecki reviewed the Staff Report, dated November 28, 1989, and discussed the request from the Applicant that this item be continued until the meeting of January 9, 1990, to provide adequate time to present revised plans. The Public Hearing on S 89-14 was opened. No one wished to address the Commission on this item. M/S: Meyer, Christ Motion to continue the Public Hearing on S 89-14 to the regular Planning Comission meeting of January 9, 1990, %manimously carried on a vote of 6-0-1, C~mmissioner Wilkinson being absent for the meeting. 2. UP 89-24 Namkoong, P. Continued Public Hearing to consider the 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 Bascom Avenue, in an C-2-S (General Commercial) Zoning District. Chairperson Olszewski read the Application into the record. Director Piasecki reviewed the Staff Report, dated November 28, 1989, noting that the City Attorney has provided the Staff with the Ordinance interpretation, which excludes minors from frequenting pool halls, etc., which serve any type of alcoholic beverage. Further, Mr. Piasecki noted that approval could be granted, but that Staff is requesting restriction of hours of operation. In response to a question from Commissioner Meyer, Mr. Piasecki stated that the Police Department has suggested that the hours of operation for alcohol sales be limited from 8:00 p.m. to 12 midnight and that minors would not be allowed to frequent the parlor at any time. Discussion ensued between Staff and Commissioner Alne regarding the Applicant's desire to serve alcohol, if minors were not allowed; and, Staff advised the Applicant of the right to appeal. Chairperson Olszewski noted that if this request to serve alcohol were approved, then minors would not be allowed on the premises. Staff clarified that the Commission could approve the requested use and that the Applicant would have one year to activate that use. Planning Commission Mt ~tes - 3 - November 28, 1989 Chairperson Olszewski opened the Public Hearing on UP 89-24. Paul Namkoong, Applicant, addressed the Commission explaining the difficulty that restricted hours of operation would cause his business, and the difficulty in explaining limited alcohol sales to his patrons. He indicated that he would not activate a use that was granted with these terms. Further, Mr. Namkoong requested that his operation be allowed t© stay open ~rom 12 noon to 12 midnight, and that he be allowed to sell alcohol during those hours. Commissioner Alne and Director Piasecki discussed the Police Department's suggestion to have the operation closed at 11:00 p.m., and initiation of City policy. Mr. Piasecki listed staff concerns, as follows: - adjacent residential areas - the applicant provides no security measures -' Police requests Commissioner Christ suggested that perhaps the City Council should look into allowing alcohol served in billiard parlors with rearranged seating, but that his concern was based upon the sale of alcohol in residential areas. Commissioners Christ and Perrine indicated that they would support providing the applicant with a Use Permit allowing the operation and sale of alcoholic beverages from 11:00 a.m. to 11:00 p.m., but not beyond that time. Commissioner Meyer expressed that she would have a problem with issuing a Use Permit and then requiring the applicant to cut back his hours of operation. Chairperson Olszewski would support the Use Permit if the hours of operation coincide with hours of alcohol service and requested that Mr. Namkoong state his request after having received input from the Commission. Mr. Namkoong stated that he would like to remain open until 2:00 a.m., and that the he would like to have the Use Permit to sell alcohol until 12 midnight. N/S: Fox, Christ Notion to close the Public Hearing unanimously carried 6-0-1, Commissioner Wilkinson being absent. ~hrist, Perrine Notion to adopt Resolution No. 2643 approvingUP 89-24, incorporating amended Conditions of Approval to limit hours of operation from 11:00 a.m. to 11:00 p.m. and allow the sale of alcohol during the hours of operation. Co~nissioner Aine indicated that he sees no sense in limiting Hr. Nnmkoong's most productive business hours since, if this motion passes, he viii not activate the permit anyway. Motion carried 4-2-1~ with the following roll call vote: C~aissioners: Cossfissioners: Cos~fissioners: Christ, Fox, Perrine, Olszewski Neyer, Alne Wilkinson Planning Commission Minutes - 4 - November 28, 1989 89-oa/ ZC 89-16 Morgenthaler, M. Public Hearing to consider the application of Kim and Melanie Morgenthaler for designation of the residence located on property known as 73 South First Street, as a Historic Landmark; and, a Zone Change from PD (Planned Development)-to PD-H (Planned Development/Historic Overlay), in a PD (Planned Development/Medium-DensityResidential) Zoning District. Chairperson Olszewski read the Application into the record. Planner II Tim Haley presented the Staff Report, dated November 28, 1989, noting that the approval of the application would identify this residential property as a Historic Landmark. Further, he stated that on October 25, 1989, the Historic Preservation Board adopted Resolution No. 20, recommending the designation of this property. Commissioner Alne requested information regarding what this designation means, and Mr. Haley explained that additional review procedures for architectural modifications and demolition permits for this property would be enacted. Discussion continued between Commission Alne and Staff relative to City and State Designation, local zoning districts, and eminent domain. Chairperson Olszewski opened the Public Hearing on HPB 89-04/ZC 89-17. No one wished to speak on this item. M/S: Perrine, Meyer Motion to close the P~blic Hearing unanimously carried 6-0-1, Co~missioner Wilkinson being absent for the vote. M/S: Perrine, Meyer Notion to adopt Resolution No. 2644, incorporating the attached findings, and recommending that City Council designate the residence at 73 South First Street as a Historic Land~rk; and, approve a Zone Change from PD (Planned Develop~ent) to PD-H (Planned Develolmaent/Historic Overlay) Zoning District, vas unanimously approved 6-0-1, by the following roll call vote: AYES: NOgS: ABSENT: go~nissioners: Co~nissioners: Commissioners: Christ, Fox, Meyer, Perrine, Alne, Olszewski None Wilkinson 4. liP 89-28 Suzuki, C. Public Hearing to consider the application of Mr. Clarence Suzuki for approval of a Use Permit to allow the off-sale beer and wine license in conjunction with an international food and gift speciality store, located on property known as 1875 South Bascom Avenue, Unit 138 in a C-2-S (General Commercial) Zoning District. Chairperson Olszewski read the Application into the record. Planning Commission Minutes - 5 - November 28, 1989 Planner II Tim Haley presented the Staff Report, dated November 28, 1989, noting the location of proposed use, surrounding areas and establishments that serve off-sale beer and wine. Staff is recommending approval. Commissioner Olszewski queried relative to whether or not this was strictly a packaged goods establishment. Mr. Haley stated that it is. Commissioner Perrine asked if there was any limitation regarding hours of operation. Mr. Haley stated that there are none. Chairperson Olszewski opened the Public Hearing on UP 89-28. No one wished to speak. M/S: Fox, Meyer Motion to close the Public Hearing on UP 89-28 unanimously carried, 6-0-1, C~issioner Wilkinson being absent for the vote. M/S: Meyer, Alne Motion to Adopt Resolution No. 2645, incorporating the attached findings, approving request for an off-sale beer and wine license, in conjunction with a speciality food and gift store, unanimously carried 6-0-1, Co~v, lssioner Wilkinson being absent for the vote. MISCELLANEOUS 5. SA 89-32 Wahlstrom, G. Application of Mr. George Wahlstrom to allow the construction of two free-standing signs, on property known as 1300 Whiteoaks Road, in a M-1-S (Light Industrial) Zoning District. Chairperson Olszewski read Application SA 89-32 into the record. Planner II Tim Haley presented the Staff Report, dated November 28, 1989, and explained that the reason this sign request is before the Commission is that the applicant is requesting 2 five square foot free-standing signs and the City Ordinance provides Planning Staff authority to approve one free-standing sign, with a maximum square footage of 50 square feet. He stated that Staff is recommending approval, subject to the Conditions of Approval. Commissioner Christ asked if more than one business is utilizing the building and Mr. Haley responded that he knows of only the subject business at this time. Discussion ensued relative to directional signage, language of the sign ordinance, and the requested square footage. Chairperson Olszewski expressed that his intention to adhere to the sign ordinance to prevent "over signing the City." · Planning Co~nission Minutes - 6 - November 28, 1989 Commissioner Perrine noted the Site and Architectural Review Committee had met with the Applicant this morning and that the Committee is recommending approval since the total square footage of the proposed signs is much less than the maximum amount allowed. Commissioner Christ added that he would prefer that signs be approved by the Site and Architectural Review Committee rather than the Planning Director. He noted that the driveways where the signs will be placed are 80 feet apart and for that reason, he will be supportive of the proposal. M/S: Perrine, Meyer Notion to adopt the attached findings and approve this request, subject to the attached Conditions of Approval, carried 5-1-1, Chairperson 01szewski dissenting and Commission Wilkinson being absent. 6. Staff Report Report from the Public Works Department regarding the Status of the Unreinforced Masonry Building Ordinance. Public Works Director Don Wimberly reported on the Status of the Unreinforced Masonry Building Ordinance preparation for City Council meeting of December 5, 1989. He noted that this is in response to the State Law requiring that cities adopted regulations regarding at-risk buildings by January 1, 1990, to include the following: 1. identifying unreinforced masonry buildings within the city 2. adopt a program to mitigate the potential hazard associated with such buildings 3. report relative to the building inventory and the mitigation plan to the State Seismic Safety Commission Discussion ensued between the Director of Public Works and the Commissioners relative to staff's research and consideration regarding what type of regulations the City should adopt. Mr. Wimberly recommended a program containing the following components: - list of buildings in Campbell (there are 11 in the downtown area) - a standard code (1985 Uniform Code for Building Conservation) - a schedule (engineering analysis and strengthening plan) - an incentive/assistance program Further, Mr. Wimberly compared programs adopted by various cities within the State and problems and advantages encountered by each. Discussion ensued between Commissioners and the Public Works Department Staff regarding damage caused by the October 17, 1989, earthquake, time limits for property owners to comply with the ordinances, funding sources for requested improvements, demolition of hazardous buildings and the best means to eliminate building damage and loss of life in the event of another major earthquake. Commissioner Alne, appointed to the Unreinforced Masonry Building Advisory Board explained the attachments to the report relative to how and why the 1985 Uniform Code was selected by the consultant and the Staff. Planning Commission Minutes - 7 - November 28, 1989 The presented report from the Public Works Department, regarding the unreinforced masonry building program was accepted by the Planning Commission. SUBCOMMITTEE REPORTS There were no subcommittee reports. REPORT OF THE PLANNING DIRECTOR The written report of the Planning Director was accepted. ADJOURNMENT On motion of Commissioner Fox, seconded by Commissioner Perrine, it was unanimously approved that the November 28, 1989, Planning Commission meeting be adjourned at 9:15 p.m., immediately to a Planning Commission Study Session to discuss: the Capital Improvement Program; Topics for future Planning Commission/City Council Study Session, first quarter of 1990; Retention of mature trees in development projects; Development of the E1 Paseo De Saratoga Shopping Center, impact on Campbell; Selection of Chairperson and Vice Chairperson; Agenda Management and Planning Commission input; and, Open Space and Housing Element Amendments for 1990; subsequently adjourning to the next regularly scheduled Planning Commission meeting, of December 12, 1989, at 7:30 P.M., in the City Council Chambers, 70 North First Street, Campbell. ATTEST: RECORDED: Steve Piasecki Secretary Karon Shaban Reporting Secretary APPROVED: Bruce J. Olszewski Chairperson ks