Loading...
PC Min 06/09/1987PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 PM MINUTES JUNE 9, 1987 dy The Planning Commission of the City of Campbell convened this day in regular session at the regular meeting place, the Council Chambers of City Hall, 70 N. First St., Campbell, California. ROLL CALL Present Commissioners: Kasolas, Stanton, O1'szewski, Christ, Walker, Dickson, Perrine; Planning Director A. A. Kee, Principal Planner Phil Stafford, Engineering Manager Bill Helms, City Attorney Bill Seligmann, Recording Secretary Linda Dennis. Absent None. APPROVAL OF MINUTES M/S: Christ, Olszewski - That the minutes for the Planning Commission meeting of May 26, 1987 be approved with the following amendment. Pg. 14, Para. 2, '...and the new owner could come in with a proposal...". Motion carried unanimously (7-0-0) COMMUNICATIONS Mr. Kee noted that communications received pertained to specific items on the agenda and would be discussed at that time. ORAL REQUESTS Chairman Perrine asked if there was anyone in the audience who wished to address the Commission on an issue that was not on the agenda. There being no one, the Chairman proceeded with the set agenda. PUBLIC HEARINGS S 87-06 Public hearing to consider the request Brisker, E. of Mr. and Mrs. Efim Brisker for approval of a Site and Architectural application to allow the remodel of, and addition to, an existing delicatessen located on property known as 1712 S. Winchester Blvd. in a C-2-S (General Commercial) Zoning District. -z- Commissioner Christ reported that this application was considered by the Site and Architectural Review Committee. Since clarification of the plans is needed pertaining to the proposed seating, as well as further elevations, the Committee is recommending a continuance to June 23, 1987, with the applicant's concurrence. Chairman Perrine opened the public hearing and invited anyone in the audience to speak for or against this item. M/S: Dickson, Walker - That the public hearing on S 87-06 be continued to the Planning Commission meeting of June 23, 1987. Motion carried unanimously (7-0-0). EIR 86-01 Continued public hearing to consider a Sahadi, F. Draft Environmental Impact Report (EIR) which has been prepared for the proposed expansion of an existing motel located at 675 E. Campbell Ave. in a PD (Planned Development/Commercial & Public Facilities) Zoning District. Principal Planner Stafford reported that the Planning Staff has been in contact with t9r. Earl Hagadorn, engineer for Mr. Sahadi; and, Mr. Hagadorn is in concurrence with Staff's recommendation for removing this item from the agenda by denying it without prejudice. Mr. Stafford indicated that the State Guidelines for preparation of environmental impact reports specifies that the City should take action to complete and certify the document within 12 months. While the Guidelines do provide for a "reasonable extension" to this time period, the most recent edition specifies that an extension should not exceed 90 days (Section 15108 California Public Resources Code). Chairman Perrine opened the public hearing and invited anyone in the audience to'speak for or against this item. M/S: Christ, Walker - That the public hearing on EIR 86-01 be closed. Motion carried unanimously (7-0-0). M/S: Christ, Walker - That the Planning Commission adopt Resolution No. 2462, incorporating the following findings, and recommend that the City Council deny the Draft EIR without prejudice, in order that this item may be removed from the agenda. 1. The application for which this E.I.R. is required was filed with the City on November 14, 1985, and as of May 11, ~~ 1987, a revised Draft E.I.R. has not ( been submitted for circulation and - review. -3- 2. The State Guidelines for preparation of an E.I.R. specify (Sec. 15108) that the Lead Agency must complete and certify the final E.I.R. within one year after the application was accepted as complete. 3. The State Guidelines specify (Sec. 15108) that the Lead Agency may extend the one year time limit once, not to exeed 90 days. 4. Since a revised draft of the E.I.R. has not been submitted for review and comment, the final E.I.R. could not be completed and certifed by the City prior to the expiration of the extension on August 14, 1987. Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ, Walker, Dickson, Perrine NOES: Commissioners: None ABSENT: Commissioners: None. PD 85-12 Continued public hearing to consider the Sahadi, F. application of Mr. Fred Sahadi for approval of a Planned Development Permit and approval of plans, elevations and development schedule to allow the expansion of an existing motel accommodating 73 additional units, breakfast room, conference rooms and related service facility on property known as 675 E. Campbell Avenue in a PD (Planned Development/Commercial and Public, Semi-Public) Zoning District. Principal Planner Stafford reported that this item is directly related to E.I.R. 86-01, the previous item on this agenda. The application was continued in order to allow time for preparation of revised plans and a revised Draft E.I.R. As of this writing, neither revised plans or a revised Draft E.I.R. have been submitted for circulation and review. For this reason, Staff is recommending denial without prejudice in order that the item be removed from the agenda. Such action would permit the applicant an opportunity to re-submit a new application for the project at any time. -4- Chairman Percine opened the public hearing and invited anyone in the audience to speak for or against this item. ,~` M/S: Christ, Walker - That the public hearing on PD 85-12 be _ closed. Motion carried unanimously (7-0-0). M/S: Christ, Walker - That the Planning Commission adopt Resolution No. 2463, incorporating the following findings, and recommend that the City Council deny PD 85-12 without prejudice, in order that it may be removed from the agenda. Motion carried with the following roll call vote: 1. A revised Draft E.I.R. and revised development plans have not been received by the City. 2. Since a revised Draft E.I.R. and revised plans have not been submitted for review and comment, the final E.I.R. for this application could not be approved by the City prior to expiration of time for completion of the E.I.R. - August 14, 1987. AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ, Walker, Dickson, Perrine ~-- NOES: Commissioners: None ABSENT: Commissioners: None. f MISCELLAtdEOUS MM 87-09 Request of Mr. and Mrs. Larry Gerston Gerston, L, for approval of a modification of sideyard setbacks to allow an addition to an existing residence located on property known as 859 Marilyn Dr. in an R-1 (Single Family Residential) Zoning District. Commissioner Christ reported that this application was considered by the Site and Architectural Review Committee. It is the opinion of the Committee that the proposed modification will not impact the adjacent residences; therefore, approval, as presented, is recommended. Principal Planner Stafford noted that Staff is also recommending approval, subject to the condition that the applicant obtain all necessary building permits. ;~' -5- M/S: Kasolas, Christ-- That the Planning Commission adopt the following findings and approve MM 87-09, subject to condition that the applicant secure all necessary building permits from the Building Department. 1. The 8' & 10' sideyards will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing in the neighborhood, or general welfare of the City. 2. The applicant has submitted a letter of consent from the adjacent property owners. Motion carried unanimously (7-0-0). SA 87-14 Continued signing request - Fidelity Byrant, D. National Title - 51 E. Campbell Ave. - Interim Planned Development/Historic Overlay Zoning District. Principal Planner Stafford reported that the applicant has indicated that revised plans would be submitted to the Planning Department by June 12, '___' 1987; therefore, a continuance to June 23, 1987, is recommended. However, it should be noted that Staff has indicated to the applicant that further continuances would not receive Staff support. M/S: Christ, Kasolas - That SA 87-14 be continued to the Planning Commission meeting of June 23, 1987. t4otion carried unanimously (7-0-0). MM 87-04 Continued request of Mr. O. J. Mitchell Mitchell, O. to convert warehouse/industrial space to automotive-type use in an existing building located at 1360 Whiteoaks Rd. in an M-1-S (Light Industrial) Zoning District. Principal Planner Stafford reviewed the Staff Report of June 9, 1987, stating that Staff is recommending approval subject to conditions as indicated in the report. Commissioner Christ asked why Staff has changed it's position since the ~ last time this item was before the Commission. -6- Planning Director Kee explained that the change in the recommendation is a result of extensive discussion with the applicant, wherein the applicant has expressed his willingness to upgrade the landscaping and the parking lot on this site. At the request of the Commission, Mr. Kee read the Staff Report of April 28, 1987. Commissioner Christ expressed his concern with what appears to be a request for permanent off-site storage for vehicles. Mr. Kee indicated that there is no requirement for off-site vehicle storage. The plan presented this evening now meets the parking ratio requirements of the City. In addition to meeting the parking requirements, the applicant has volunteered to provide off-site storage in order to alleviate any parking problems which might occur on the site. City Attorney Seligmann stated that the off-site storage is not before the Commission. This is something that is totally optional by the applicant; however, it is not part of this application. Commissioner Kasolas noted that automotive uses have a history of cluttering up their properties with unsightly vehicles. Commissioner Kasolas stated that he would support an approval of this request if there was a condition added which prohibited the outside storage of vehicles at all time. ~i Commissioner Christ stated the applicant presented a solution, to the Site Committee, for this site that required no modification of the previously approved usage. Since that time, it appears that the request has changed. It now appears to be a totally different situation. Commissioner Christ asked why this matter was not brought back to the Site Committee, noting that, in his opinion, the prior solution was a better one. Commissioner Olszewski asked if Staff views this request as a more intense use of this site. Mr. Kee indicated that Staff does consider this a more intense use. Commissioner Walker asked the City Attorney if the City could be held liable for accidents which might occur in moving vehicles from this site to the adjacent property for storage, if the Commission approves the use of the off-site parking. Mr. Seligmann stated that it is unlikely, given the immunities protecting the City. Commissioner Kasolas suggested the addition of conditions which would limit the parking or storage of disabled vehicles outside. I i Mr. Mitchell, applicant, agreed that disabled vehicles should not be i stored outside; however, he noted that sometimes vehicles which are in i running order are parked outside because the will be worked on the next day. -7- Kasolas, Walker - That the Planning Commission approve MM 87-04, subject to conditions indicated in the Staff Report of .June 9, 1987, with the addition of the following conditions: !1) All disabled vehicles to be stored within the building. (2) All deliveries of disabled vehicles to be made during normal business hours and/or to be received by an employee, and to be immediately placed within the building. (3) All parking stalls to remain open and free for the exclusive use of parking of vehicles on a temporary basis, limiting the parking of a vehicle to 20-24 hours (not including weekends and holidays). The intent of these conditions is to prevent the parking and/or storage of vehicles for long periods of time. Discussion on motion Commissioner Christ expressed his concern with the increase in automotive uses at this location; however, he stated that he would support the motion. There was discussion regarding the definition of disabled vehicles, and parking versus storage of vehicles. Vote on motion Motion carried unanimously (7-0-0). SA 87-33 Signing request - 355 McGlincey Lane - Swenson, D. M-1-S (Light Industrial) Zoning District. Commissioner Christ reported that this application was considered by the Site and Architectural Review Committee. The Committee is recommending approval, with the additional condition providing for the establishment of a signing program. Principal Planner Stafford stated that Staff is also recommending approval, subject to conditions as indicated in the Staff Report. -8- M/S: Stanton, Kasolas - That the Planning Commission adopt the following findings, and approve SA 87-33, subject to the following conditions: Finding: 1. Because of the large size of the building, the 8 different tenants, and the 70 foot distance from McGlincey Lane, an 80 sq.ft, sign is needed to adequately identify this building. Conditions of Approval: (1) With approval of the subject sign, no free-standing sign will be allowed. (2) .Applicant to obtain any necessary permits from the Building Department. (3) This approval establishes a signing program for this development. Any future signing shall be consistent in terms of color, size, and letter style, and approved by the Planning Director. Motion carried unanimously (7-0-0). OTHER ITEMS BROUGHT UP BY COMMISSION Commissioner Walker requested that information on the recent Supreme Court decision regarding land use be agendized for a future meeting. ADJOURNMENT There being no further business, the meeting was adjourned at 8:37 p.m. APPROVED: Jay Perrine Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recording Secretary CONDITIONS OF APPROVAL - FILE # MM-87-04 SITE ADDRESS: 1360 WHITEOAKS RD. APPLICANT: MITCHELL, O.J. PC MTG DATE: JUNE 9, 1987 ,__ The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the Laws of the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. 1. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Planning Director prior to application for a building permit. 2. Applicant to either (1) post a faithful performance bond in the amount of $2,000 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 3. Applicant to submit a letter to the Planning Department, satisfactory to the City Attorney, prior to application for building permit, limiting the use of the property as follows: 18,930 sq. ft. auto related and 432 sq. ft. office space. 4. All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 5. Applicant shall comply with all appropriate State and City requirements for the handicapped. PLANNItdG DEPARTMENT 6. The Applicant is to reseal and restripe parking area within 60 days of Planning Commission approval. 7. No outside repair or preparation of vehicles, all repair and service of vehicles to be conducted within enclosed building. FIRE DEPARTMENT 8. Applicant to secure approval from the Campbell Fire Department for the proposed fire lane. BUILDING DEPARTMENT 9. Applicant to secure any building permits for requested occupancy change. CONDITIONS OF APPROVAL - FILE # MM-87-04 SITE ADDRESS: 1360 WHITEOAKS RD. APPLICANT: MITCHELL, O.J. PC MTG DATE: JUNE 9, 1987 PAGE 2. ~', PLANNING COMMISSION 10. All disabled vehicles to be stored within the building. 11. All deliveries of disabled vehicles to be made during normal business hours and/or to be received by an employee, and to be immediately placed within the building. 12. All parking stalls to remain open and free for the exclusive use of parking of vehicles on a temporary basis, limiting the parking of a vehicle to 20-24 hours (not including weekends and holidays). The intent of these conditions is to prevent the parking and/or storage of vehicles for long periods of time.