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PC Min 02/28/1989PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA MINUTES 7:35 P.M. February 28, 1989 The Planning Commission of the City of Campbell convened this day in regular session in the City Hall Council Chambers, 70 N. First Street, Campbell, California. ROLL CALL Present: Commissioners: George Kasolas, Jay Perrine, Ronald Christ, Robert Stanton, James Walker, DuWayne Dickson; and, Chairperson Olszewski; Planning Director, Steve Piasecki, Planner II, Tim Haley; Engineering Manager, Bill Helms; City Attorney, William Seligmann, and Recording Secretary, Karon Shaban. Absent: None. APPROVAL OF MINUTES M/S: Walker, Stanton That the minutes of the Planning Commission meeting of February 14, 1989, be approved as submitted (7-0-0). COMMUNICATION There were no items of communication. ORAL REQUESTS Chairman Olszewski requested that any one wishing to address the Commission on issues not agendized do so at this time. Seeing no one, the Chairman proceeded with the scheduled agenda. SPECIAL PRESENTATIONS Redevelopment Discussion of the Planning Commission's role in reviewing Redevelopment Area Projects. Planning Director Steve Piasecki briefly summarized previous discussions relative to this item. Commissioner Kasolas proposed that items appearing before the Redevelopment Agency for review be referred to the Planning Commission before action is taken. He expressed concern that when public funds are expended, a public hearing should be required. Further, he stated that. it was his understanding that only items relating to personnel require closed session and that all other issues should be brought before the public in an open session. - 2 - Chairman Olszewski informed the Commission of a Study Session scheduled for March 20, 1989, to discuss establishment of the Commission's role and involvement with Redevelopment projects. Commissioner Dickson expressed concern that public input is not being addressed as it should be. He stated that the process neglects the Commission's right to be informed and that he was ,6~~kfy~,~,E1/ to see the replace ~~~ith t!~e Community Center Plan when he had not been previously apprised of such a word, "confused" plan. Commissioner Stanton stated his desire to see the Planning Commission take a pro-active role rather than a re-active role relative to Redevelopment projects. Commissioner Walker concurred and informed the Commission that although he appreciated the sensitivity of some issues, he was placed in awkward position when approached by citizens in the community who had more information than he regarding a current Redevelopment project. Commissioner Christ reminded the Commission that although financial aspects of previous projects were not the concern of the Planning Commission, some of these financial proposals became applications problems. Additional problems were then created when the plans were not forwarded to the Planning Commission in a timely manner, leading the applicant to believe that the matter had been resolved, when in fact only the financial aspect had been addressed. Further, Commissioner Christ indicated his optimism that these issues would be addressed at the scheduled Study Session between the Planning Commission and the Redevelopment Agency. Chairman Olszewski concurred with concerns expressed by Commissioner Stanton relative to the Planning Commission being a pro-active Commission, and reiterated that the intention of the Study Session will be to resolve these concerns. Chairman Olszewski then deferred discussion on this matter to the meeting of March 28, 1989. CONSENT CALENDAR There were no items of consent. PUBLIC HEARINGS M 88-20 Continued public hearing to consider the Bonnett, R. application of Mr. Robert Bonnett for approval of a modification to a previously approved Planned Development Permit to allow a revised parking plan on property known as 145 Dillon Avenue in PD (Planned Development/Industrial) Zoning District. - 3 - Planning Director Steve Piasecki briefed the Commission regarding the history of this item, stating the applicant's concern relative to the cost impact of providing adequate parking on-site; and, noted a modification to Finding No. 5 initiated by the City Attorney. City Attorney William Seligmann requested that Finding No. 5 be changed from, "The proposed interim development or uses clearly will result in a more desirable environment and use of land than would be possible under any other zoning classification." to read, "The proposed interim development or uses clearly will result in a more desirable environment and use of land than presently exists on the site." Planner II Tim Aaley circulated a copy of the agreement between the City of Campbell and Mr. Bonnett, dated January 27, 1988. Commissioner Christ noted that changes in the Staff Report relative to requests made by him at a previous meeting regarding Conditions of Approval Nos. 20, 21 and 22, dated February 28, 1989, were appreciated. Engineering Manager Bill Helms informed the Commission of the agreement with the property owner regarding future street improvements. Chairman Olszewski opened the public hearing. Mr. James Eller, Attorney for Mr. Robert Bonnett, applicant, requested consideration of the current proposal to allow Mr. Bonnett to convert or move buildings to provide additional on-site parking. He also circulated photographs of parking violations on the Southern Pacific Rail Road Site, asserting that the area currently experiences an area-wide parking problem; that an area plan should be required to address the problem; and, that his client should be allowed to continue to operate until such a plan is implemented. Further, Mr. Eller stated that he was informed by the Redevelopment Agency of future plans to address the parking problems along Dillon Avenue. Commissioner Christ questioned the significance of these statements relative to the item at hand. Mr. Eller pointed out that the significance relates to tearing down buildings before solutions are addressed relative to the area-wide parking problem; and,. that his client is prepared to bear the costs and take the necessary steps to increase the footings on the concrete slabs used for foundations. _ Chairman Olszewski clarified that Mr. Bonnett has not been .requested to tear down the buildings, but rather to comply with a parking ordinance and that Mr. Bonnett purchased an unapproved structure adding to the a troubled parking condition that the Planning Commission.~~,9/~t,,t~// - 4 - gq}~~~}}/y~~t~~4~/Z~1~~/~R~/~~~/~~i~~~~b~Q/ Further, he explained the difficulty for the Planning Commission to approve a plan that makes a less than satisfactory situation worse. Commissioner Stanton reminded Mr. Eller of the agreement signed by Mr. Bonnett, dated January 27, 1988, and expressed concern that Mr. E1],~r is not addressing his duty to comply with that agreement. Mr. Eller responded that the agreement allowed the submission of other proposals. Discussion ensued between Commissioner Perrine and Mr. Eller relative to the proposed moving of the buildings; between Staff and Commissioner Perrine regarding the Staff Report as it relates to Condition No. 23; and, between .Chairman Olszewski and the City Attorney relative to the illegality of the building sites. Mr. Haley addressed Condition No. 5 relative to extending the agreement to February 1991. He stated that Staff is recommending denial and, further, that the buildings should be brought into compliance in a period of less than two years, if this plan is approved.. In response to the Chairman, the City Attorney commented that occupancy is contingent upon approval. If this proposal is denied, the occupants would have to vacate since they would be occupying an illegal building site. Discussion continued with Commissioner Stanton inquiring about liability of the property, which was determined to be the responsibility of the property owner; and, discussion between Commissioner Christ, Kasolas, and Chairman Olszewski relative to the applicant's suggestion to create a parking district in the Dillon Avenue area and the illegality of occupancy in non-conforming buildings. Chairman Olszweski concluded that if the building was not occupied, then parking would not be a problem. M/S: Christ, Stanton That the public hearing on M 88-20, be closed (7-0-0). M/S: Christ, Kasolas That the Planning Commission approve M 88-20 as an interim use for a two-year period by adopting the Findings and the Conditions of Approval indicated in the Staff Report of February 28, 1989, as amended, deleting Finding No. 9, with the provision that the applicant supply adequate parking to meet the proposed plans by February 1, 1991. Discussion Chairman Olszewski initiated discussion of the motion relative to building codes regarding off-street parking, current property owners and subsequent property owners. In response to queries from Commissioner Walker relative to subsequent owners being notified upon purchase of this property that the buildings - 5 - are not in conformance, City Attorney Seligmann stated that a title search should provide any subsequent owners with such information; however, that there is no guarantee that such information will be forwarded. Commissioner Stanton stated that he was adamantly opposed to the motion since the item has come before this Commission for years and. the current motion insures that the item will be brought before the Commission again in 1991. He further expressed concern that the applicant has not complied and will not comply in 1991. Commissioner Christ clarified that one portion of the agreement provided that the applicant could submit plans to the City indicating his method of compliance, and he stated that he is confident that the applicant has done just that. Further, Commissioner Christ suggested that Staff include the past history of the non-conforming buildings and ownerships of the property, which have changed; delays that initated from the Site and Architectural Review Committee and the Planning Commission relative to the current owner in order that an informed Commission could act in the interest of the community and allow this project to be established and then bring the establishment into compliance. Commissioner Kasolas concurred that the applicant has a right to change one item on the agreement and to bring that. change forth. He stated that it is up to the present Commission to insure appropriate parking ratios to address current needs and not past needs. Commissioner Perrine stated that the change initiated by the applicant does not offend him; however, he is compelled to oppose the motion since he feels it is his charge to uphold City policy and the building does not meet the current parking provision. Commissioner Walker concurred with Commissioner Perrine's comments. Commissioner Dickson expressed his desire to provide an opportunity for the applicant to comply and for the City to address the downtown area's parking problem. Chairman Olszewski clarified the motion and requested Staff response as to the consequence of a positive vote on this motion. Mr. Piasecki informed him that the applicant would be allowed to continue current operation for a period of two years, but he would be required to comply to building codes and to address on-site circulation within a six-month period of time, as provided in the Condition No. 23, if the moiton is positive. Chairman Olszweski expressed concern relating to the loss of the buildings and the fairness relative excepting this project and requiring other businesses to comply. He noted his belief that a parking district would not be established by 1991. Additionally, he stated that by excepting this applicant of his responsibilities difficulties would arise for the Planning Commission and for the City Council by setting a precedent, and he discussed the importance of following proper procedure. - 6 - Vote on Motion AYES: Commissioners: Kasolas, Christ, Dickson NOES: Commissioners: Perrine, Stanton, Walker, and Chairman Olszewski ABSENT: Commissioners: None Motion fails (3-4) On order the Chairman, there being no objection, the meeting was recessed at 8:50 p.m., and reconvened at 9:07 p.m. M/S: Perrine, Stanton That the Planning Commission recommend that City Council accept the Negative Declaration which has been prepared for this property; and, that the Planning Commission adopt Resolution No. 2583, recommending that City Council deny the applicant's request as per findings indicated in the Staff Report of February 28, 1989. Discussion Discussion ensued regarding the Findings and Conditions relative to the time element for enforcement. -- Commissioner Christ stated that he would not support the motion and that he would like the record to show that the applicant was not stalling by requesting time to comply as was suggested by members of the Commission. Vote on the motion AYES: Commissioners: Perrine, Stanton, Walker, Olszewski NOES: Commissioners: Kasolas, Christ, Dickson ABSENT: Commissioners: None The motion passed (4-3) M/S: Perrine, Walker That the Planning Commission recommend that the City Council stay_ enforcement proceedings for a six-month period. Discussion on the motion Commissioner Dickson expressed concern that it is inappropriate to tear down a business since the downtown area is currently in transition, and he stated his belief that it would be a self-healing effort to allow the _ enforcement proceedings to be extended until 1991. -~- Chairman Olszewski affirmed his reluctance regarding destruction of an operative business but felt that to allow this to continue until 1991 would place a great burden on the City, the Commission, and on other property owners. VOTE ON MOTION AYES: Commissioners: Perrine, Stanton, Walker, Olszewski NOES: Commissioners: Kasolas, Christ, and Dickson ABSENT: Commissioners: None passes Motion /f~I/1~/ (4-3) * ~ HPB 89-01 Public hearing to consider the application ZC 89-01 of Susan Blake and Barry Shilman for approval of a zone change from PD (Planned Development/Single Family Residential) to PD/H (Planned Development/Single Family Residential with an Historic Overlay) for property known as 84 N. Third Street. Planner II Tim Haley reviewed the Staff Report, dated February 28, 1989; and noted that action taken by the Historic Preservation Board initiated the Commission's consideration so that this item could be forwarded to the City Council for action. Further, the Staff's recommendation is that the Commission adopt Resolution No. 2584, incorporating findings, recommending that the City Council approve a Zone Change for the subject property. He pointed out that the amended Staff Report, to include Item No. 4 of the Findings, was placed before the Commissioner's stations prior to the meeting. Chairman Olszweski opened the public hearing. Ms. Blake noted her appreciation for the public hearing. M/S: Christ, Stanton That the public hearing on HPB 89-01/ZC 89-01 be closed (7-0-0). M/S: Perrine, Walker That the Planning Commission adopt Resolution No. 2584, incorporating the amended findings, recommending that the City Council approve a Zone Change from PD (Planned Development/Single Family Residential) to PD/H (Planned Development/Single Family Residential with an Historic Overlay) for property known as 84 N. Third Street. Discussion on the motion Commissioner Walker commended the applicants for their efforts on this worthwhile project. - 8 - Commissioner Christ commended Staff for providing the Commission with the minutes of the Historic Preservation Board's meeting of January 25, 1989, and commended Mr. Haley for an excellent report. Vote on the motion AYES: Commissioners: Kasolas, Perrine, Christ, Stanton, Walker, Dickson, Olszewski NOES: Commissioners: None ABSENT: Commissioners: None SA 89-05 Signing request - Clark Pest Control - 964 Clark, T. Camden Avenue - M-1-S (Light Industrial) Zoning District. Planner II Tim Haley reviewed the Staff Report of February 28, 1989, noting that the applicant is requesting a wall-mounted sign of 50 square feet on the south elevation of the building adjacent to an expressway. The Zoning Ordinance requires that .the applicant justify dependence on freeway/expressway visability for survival. Staff is of the opinion that it does not, therefore, denial is recommended. Commissioner Stanton reported that the Site and Architectural Review Committee considered this item and recommended denial since placement of a sign visible to an expressway does not meet the City's standards. Commissioner Christ suggested that, since the building faces Camden Avenue, a provision be made for placement of a sign on the front of the building for identification. Discussion ensued relative to prepartion of another signing program that would provide for a frontage sign and a wall-mounted sign of a smaller size. Commissioner Kasolas questioned the fairness of an action to deny relative to the Campbell Inn and Pruneyard Inn's signs that face the expressways. Commissioner Perrine recommended a continuance so that the application could be re-addressed rather than denied. Mr. Terry Clark, applicant, stated his belief that in order for Clark's Pest Control to compete with other larger companies, freeway visibility is needed. Further, he stated that he would be agreeable to the addition of a frontage sign if it meant approval and that he would be comfortable meeting with Staff to re-address this matter. Additionally, he informed the Commission of the financial hardship relative to installation of a free-standing sign. Commissioner Stanton reiterates the necessity of continuing the item and informs the. applicant, Mr. Clark, that he needs to concur for a continuance. I+[r. Clark concurred. M/S: Perrine, Christ T4~at SA 89-05 be deferred to March 14, 1989 * ~ ~ - 9 - 1667 SA 88-51 Signing request - Plaza Car Wash - ,~,6,6~ S. Yuen, E. Bascom Avenue - C-2-S (General Commercial) Zoning District. Planner II Tim Haley reviewed the Staff Report and stated that Mr. Yuen contacted the Planning Department to request a continuance. Further, Mr. Yuen did add one planter to address the previous requirements and has removed the Polar Bear sign. However, Mr. Haley noted that the signs along the fence cited for removal have not been removed. Commissioner Stanton reviewed comments from the last Site and Architectural Review Committee meeting. Mr. Piasecki stated that Mr. Yuen was requested by the Planning Department to attend tonight's meeting and offer reasons for his request to continue the item; however, he was not present. M/S: Perrine, Stanton That the Planning Commission defer SA 88-51 to the Planning Commission meeting of March 28, 1989 (7-0-0). * * ~ SUBCOMMITTEE REPORTS There were no Subcommittee reports. REPORT FROM THE PLANNING DIRECTOR Commissioners and the Chairman noted the report from the Planning Director and it was the general consensus of the Commission that Mr. Piasecki be commended on the preparation of the report. Further, it was stated that this report will aide in communication between the Commission, the Planning Department, City Council as well as between other City Departments. Mr. Piasecki expressed appreciation for the commendation and stated that it is his intent to continue the practice of preparing a Report from the Planning Director. ~lFi'~~'1~~~1~~1~'~llA'al~'~'~ld~'ls'~la'~'~'d~~la'~'d'dddd l~ble~lild~l~ld /d~l~fdt[d~F Fi~J'Nr~ll~l~fi//~''~ll~'l~lh'd l~'d~'e~-l/d~'l~i~'~d~'l1~'dddd~ldd~(lild /l /ll }i~9~~i' l~ ~V l~~r' hi't/ / l ~'~ l~'~/~~dd1~'~ l~'~~d~dd' /dddah~i/ddddd /Ji~~ /~~• - 10 - ADJOURNMENT There being no further business, the meeting is adjourned at 10:08 p.m. APPROVED: Bruce Olszewski Chairman ATTEST: Steve Piasecki Secretary RECORDED: Karon Shaban Reporting Secretary