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PC Min 09/25/1984PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 P. M. MINUTES SEPTEMBER 25, 1984 The Planning~Commission of the City of Campbell convened this day in regular session at the regular meeting place, the Council Chambers of the City Hall, 70 N. First St., Campbell, California. ROLL CALL Present Commissioners: Kasolas, Perrine, Christ, Howard, Fairbanks, Dickson; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineer- ing Manager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Linda Dennis. Absent Commissioner Toshach. APPROVAL OF MINUTES September 11, 1984 M/S: Howard, Fairbanks - That the minutes of the Planning Commission meeting of September 11~ T984 be approved as submitted. Motion carried unani- mously (6-0-1). COMMUNICATIONS Mr. Kee noted that communications received pertained to specific items on the agenda and would be discussed at that time. Chairman Dickson noted that the newly appointed commissioner, Mr. John Toshach, had to be out of town on business and Hill be at the next meeting. *** ARCHITECTURAL APPROVALS MM 84~i22 Continued application of Mr. James Miller, on behalf Spoons Restaurant of Spoons Restaurants, Inc., for approval of a minor modification to allow the construction of an addition of approximately 350 sq.ft. to an existing restaurant located on property known as 1555 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Mr. Kee reported that the applicant has requested a continuance to the first meeting in October. t'I/S: Fairbanks, Howard - That MM 84-22 be continued, at the applicant's re- request, to the Planning Commission meeting of October 9, 1984. Motion carried unanimously (6-0-1). *** -2- S 84-19 Application of Mr. Richard Sayer, on behalf of Harman Sayer, R. Management Corp., for approval of plans and elevations to allow an addition to the existing Kentucky Fried Chicken restaurant on property known as 1805 S. Winchester Blvd. in a C-2-S (General Commercial) Zoning District. Commissioner Howard reported that this item was considered by the Site and Architectural Review Committee. After further consideration, the Architectural Advisor feels there is no problem with the concrete pad, as previously stated. Additionally there is some redlining on the plans regarding signing, and a condition that the landscaping come back to the Site Committee. The Committee is recommending approval with these notations. M/S: Kasolas, Howard - That the Planning Commission approve S 84-19, subject to redlining of plans and conditions of approval as indicated in the Staff Comment Sheet. Motion carried unanimously (6-0-1). PUBLIC HEARINGS UP 84-12 Public hearing to consider the application of Lynn Grandi, L. Gran di and h1att Hill fora use permit and approval Hill, M. of plans and elevations to allow the conversion of a garage to living space on property known as 46 Harc(y Avenue in an R-1 (Single Family Residential) Zoning District. Commissioner Howard reported that this application was considered by the Site and Architectural Review Committee. The property was developed in the existing manner prior to the applicant's purchasing it, and the applicants are trying to bring things into code and obtain a permit. The Committee is recommending approval. Chairman Dickson asked how this type of situation happens, and if the new owners have any recourse. Mr. Kee noted that these types of conversions happen frequently, and are not discovered until the property is sold and the financial institutions begin checking for permits. This is a situation that is not easily monitored by Staff. Mr. Kee added~lthat it may be possible for the current owners to seek compensation from the previous owners. Commissioner Kasolas asked if approval of this application would mean that the conversion would have to meet current building codes. P1r. Kee indicated that this would be the case. Commissioner Fairbanks asked if there was a possibility that this conversion was another living unit, rather than additional space for the single family unit. Mr. Kee stated that if this is the case, Staff will be alerted by the Building Department when .they inspect the site under the permit procedure. Chairman Dickson opened the public hearing and invited anyone in the audience to speak for or against this item. - 3- Mr. Matt Hill, applicant, noted that because they assumed the loan for this house, there were no checks for permits on the conversion. He added that the previous owners installed a ceiling, put carpeting down, and boarded up the garage door. This was the extent of the conversion. M/S: Howard, Fairbanks - That the public hearing on UP 84-12 be closed. Motion carried unanimously (6-0-1). P4/S: Howard, Fairbanks - That the Planning Commission adopt RESOLUTION N0. 2290 approving UP 84-12, subject to the condition that the applicant secure any necessary permits from the Building Department. Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Perrine, Christ, Howard, Fairbanks, Dickson NOES: Commissioners: None ABSENT: Commissioners: Toshach Commissioner Kasolas commented that with the Commission being concerned about density (which is often based on square footage), it should also consider how much living space is available for the number of people living in the area-- currently, and in the future. With additional living space, room is provided for additional people--density, which could be changing the direction of the General Plan. *** UP 84-13 Public hearing to consider the application of Mr. Yampolski, V. Vadim Yampolski for a use permit to allow on-sale beer and wine in an existing delicatessen on pro- perty known as 1783 S. 4Jinchester Blvd. in a C-2-S (General Commercial) Zoning District. Mr. Kee reported that the applicant has requested that this application be withdrawn, and that his fee be refunded. In that this application has already been noticed for public hearing, Staff would recommend a refund of $250. Chairman Dickson opened the public hearing and invited anyone in the audience to~speak for or against this item. M/S: Howard, Fairbanks - That the public hearing for UP 84-13 be closed. Motion carried unanimously (6-0-1). P•1/S: Howard, Fairbanks - That the Planning Commission adopt RESOLUTION N0. 2291 denying without prejudice UP 84-13; and, that the Commission recommend that the City Council refund $250 of the application fee. Motion carried by the following roll call vote: AYES: Commissioners: Kasolas, Perrine, Christ, Howard, Fairbanks, Dickson NOES: Commissioners: None ABSENT: Commissioners: Toshach *** -4- MISCELLANEOUS SA 84-47 Application of Quadrex Corporation for signing on Quadrex Corp. property known as 1680 Dell Avenue in a CM:B (Controlled Manufacturing) Zoning District. Commissioner Howard reported that this item was .considered by the Site and Architectural Review Committee. The Committee is recommending approval. M/S: Howard, Perrine - That SA 84-27 be approved, subject to conditions as indicated in the Staff Comment Sheet. Motion carried unanimously (6-0-1). *** SA 84-02 Request of Per. Douglas Kersey for an extension of Kersey, D. the removal date for an off-premise free-standing sign on property known as 1405 Camden Avenue in a C-1-S (Pleighborhood Commercial) Zoning District. Mr. Stafford reported that Staff is recommending that this request be granted to December 1984. M/S: Kasolas, Fairbanks - That this extension be granted to December 24, 1984. Motion carried with a vote of 4-2-1, with Commissioners Christ and Dickson voting "no". Commissioner Perrine noted that he voted for this extension, although he voted ~ ~' against the original proposal, in that this sign was not bad compared to the other temporary signs in the area. Chairman Dickson noted that he voted against this motion, in that he did not favor extension requests. *** Staff Report Staff Report regarding the City's policy and pro- cedures for implementing the California Environ- mental Quality Act (CEQA). Mr. Stafford reviewed the City's current and proposed policies regarding CEQA, noting that in the future Staff will be preparing negative declarations and bringing them to the Commission for consideration. If further information is desired by the Commission, the procedure will be extended until such infor- mation is gathered. Mr. Stafford continued that Staff will be contacting local consultants for their statement of qualifications and samples of work. This information will be presented to the Commission for consideration for a revised approved consultant list. Commissioner Kasolas felt that to require a consultant to have a Registered Traffic Engineer on staff Could restrict the number of available consultants to a few large firms. He continued that it would seem appropriate that a firm could subcontract traffic studies to a Registered Traffic Engineer. -5- Mr. Stafford indicated that a situation arose recently wherein the consult- ing firm subcontracted the traffic studies, and communication problems resulted for the Public Works Staff when they had to go through the consult- ant--rather than straight to the Traffic Engineer. Mr. Stafford added that the requirement of a Registered Traffic Engineer on staff is only a suggestion. Commissioner Kasolas noted that this situation would seem to be a policy matter; and, that the City has to seek the best information and not limit itself to local firms. Commissioner Howard noted his agreement with Commissioner Kasolas, indicating that most firms subcontract specified areas of expertise. He suggested a policy that~~~ould provide for Staff to be in direct contact with any sub- contractors. Commissioner Fairbanks stated that she felt Staff has a good point with this issue, and that suggestions made ib this report will facilitate the Commission's jab; however, she is willing to find a balance. Commissioner Christ noted that he has similar concerns, in that traffic is a significant portion of most EIR's. Commissioner Fairbanks asked if it will be possible to get samples of reports from consultants being proposed for addition to the City's list. Mr. Kee responded that Staff will be requesting qualification statements and work samples from the various firms. Discussion ensued regarding mitigation measures, and ways to encourage con- sultants to present "real and valued" mitigation measures, rather than mea- sures which will not come about (ie. staggered work hours, encourage use of public transit, etc.). Chairman Dickson noted that there are steps available when the Commission feels that the information submitted is not adequate. One step would be to request better information. Another would be to remove the consultant from the approved list. M/S: Howard, Fairbanks - That the Planning Commission recommend that the City Council adopt the attached resolution estab- lishing objectives, criteria, and procedures for the environmental evaluation of projects and the preparation of negative declarations and Environ- mental Impact Reports pursuant to the CEQA. Motion carried unanimously (6-0-1). M/S: Howard, Fairbanks - That the Planning Commission recommend to the City Council that the list of consultants approved to prepare EIR's for the City be reviewed and up-dated. Motion carried unanimously (6-0-1). *** -6- OTHER ITEMS BROUGHT UP BY COMMISSION Chairman Dickson noted that the City Council would like to have a Joint Study Session to discuss the high rise moratorium, and setbacks in residential dis- tricts, on October 24 or 30. It was the consensus of the Commission that October 30, 1984 would work best. Chairman Dickson indicated that the Commission should start to consider a date for the annual Planning Commission meeting. ADJOURNMENT M/S: Kasolas, Fairbanks - That the Planning Commission meeting be adjourned. The meeting adjourned at 8:35 p.m. APPROVED: J. Du4Jayne Dickson Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recording Secretary COND 1 T IONS OF APPROVAL ; S 84'19 APPL 1 CAT I ON OF : Sayer, R. S i TE ADDRESS : 1805 S. Winchester 61 vd. P c kTC : 9-25-84 Revised elevations and/or site plan to be approved by the Pla~nnin~ Director upon recommendation of the Architectural Advisor, within 30 days of the Planning Commission approval. Revised elevations and/or site plan to be approved by the Site & Architectural Review Committee and/or the .Planning Commission w th- n 30 days of Planning Commission approval. 1 Property to be fenced and landscaped as indicated and/or added in red on plans. Landscaping and fencing shall be maintained in accordance with the approved plans. 2 Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted for approval of the Site & Architectural Review Committee and/or Planning Commission prior to app ica tion or a ui ing permit. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted for approval of the Planning Director prior to application for a building permit. Fencing plan indicating location and design details of fencing to be submitted for approval of the Planning Director prior to applica- tion for building permit. 3 Applicant to either (1) post a faithful performance bond in the amount of $ 2000 to insure landscaping, fencing, and striping of parking areas w~t~i'in 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing and strip- . ing of parking areas prior to application for a building permit. 4 Applicant to submit a plan, prior to installation of PG&E utility (transformer) boxes, indicating the location of the boxes and screening(if boxes are aboveground) for approval of the Planning Director. Applicant to submit a letter, satisfactory to the. City Attorney, limiting the use of the property to: square feet of office use, square feet of specu'~tive industrial use, and square feet of warehouse use, prior to issuance ~a-6uiTding permit. 5 All mechanical equipment on roofs and all utility meters to be screened as approved by the Planning Director. 6 Building occupancy will not be allowed until public improvements are installed. *n/a: not applicable to this application. PAGE 2 ' CONDITIONS OF APPROVAL: S 84-19 APPLICATION OF: Sayer, R. SITE ADDRESS: 1805 S. Winchester The applicant is notified as part of this application that he/she is required to meet the following conditions in accordance with Ordinance of the City of Campbell and Laws of the State of California. ~ All parking and driveway areas to be developed in compliance with Section 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 8 Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. 9 Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and tele- vision cables, etc. 10 Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by the Building Depart- ment (Section 21.68.030 of the Campbell Municipal Code). 11 Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apart- ment units, to all commercial, business, industrial, manufacturing, and construction establishments. 12 Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire De- partment. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level, and have a level area adjacent to the trash enclosure area to service these containers. 13 Applicant shall comply with all appropriate State and City re- quirements for the handicapped. Noise levels for the interior of residential units shall comply with minimum State (Title 25) and local standards as indicated in the Noise Element of the Campbell General Plan. Applicant is hereby notified that he will be required to pay Park Dedication In-Lieu Fee which will be assessed at the time the subdivision map is submitted. STANDARD FIRE XAZARD ABATEMENT COMMENT: The applicant is hereby notified that the property is to be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. A1I existing structures sha21 be kept secured by having windows boarded up and doors sealed shut, or be demolish- ed or removed from the property. Sect. 11.201 & 11.414, 1979 Ed. Uniform Fire Code. PAGE 3 _ CONDITIONS OF APPROVAL: S 84-19 APPLICATION OF: Sayer, R. ~ SITE ADDRESS: 1805 S. Winchester FIRE DEPARTMENT A. Obtain permit from Fire Department for public assembly occupancy. B. All exit doors shall have panic hardware. C. Provide exit signs. D. Provide fire protection equipment for cooking appliaeces. E. Provide 40 8C fire extinguisher in kitchen. F. Provide sprinkler head for trash enclosure., BUILDING DEPARTMENT G. Change of occupancy from a 6-2 to an A-3. H. Entire building must comply with the latest Building Code Section 502. This also includes Title 24. PUBLIC WORKS DEPARTMENT I. Meet all conditions of the Public Works Department. PLANNING DEPARTMENT ~ : - - ~ ~- $- fi£W~32d- 3~#e- ~ fin- #fli'~ ~~pr~a- frf- #~e- ~a i1fTn fig- -D~-reC#~N'-, prior-~ttr~~s3t~at~ee-fl# ~r-btriad-ittg-~pe~rrii=; ~~dif~a~i~g-~nxx~i#-i~-a~~~ xo-make-EO~tcfie#e-~pa~S-#~-i;~^a~s~h-t~nca~os~w^e-aes-s-~o-t~~~ealrl~:-- Ileleted per recom- mendation of Site Commit tee - 9/ 25/ 84 . --~ The applicant is notified that he/she shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. i 4z .%-~ C1;; ^.f Co~:~~e:l RESOLUTION N0. PLANNING CEPAIiTht~;;, BEING A RESOLUIION OF THE CITY 0OIIlVCIZ OF THE CITY OF CAMPBELL ESTABLISHING OBJECTIVES, CRITERIA, AND PRO- - C~EDURES FOR THE ENVII.NTAL EVALt1ATI0N OF PROJECTS AND THE PREPARATION OF NEGATIVE DECLARATIONS AND ENVIROI~IDVTAL IMPACT REPORTS PURSiIANT TO THE CALIFORNIA ENVIROI~A'IDVTAL QUALITY ACT (CBQA) The City Council of the City of Campbell, California, does hereby reso~ve as follows: SECTION ONE: Prior Regulations. This Resolution supersedes City Council Resolution No. 5164. SECTION TWO: Definitions. 1. "City" shall mean the City of Campbell, California. 2. "Director" shall mean the Planning Director, Public Works Director, Building_Official,-or other deparhnent heads. 3.j "Lead Agency" means the public agency which has the principal responsibility for carrying out or approving a project. The Lead Agency will decide whether an EIR or Negative Declaration will be required for the project and will cause the doc~m-ent to be prepared. 4. "Responsible Agency" means a public agency which pzvposes to carry out or approve a project, for which a Lead Agency is preparing or has pre- pared an EIR or Negative Declaration. For the purposes~of CEQA, the term "Responsible Agency" includes all public agencies other than the Iead Agency rich have discretionary approval power over the project. S. "Trustee Agenry" means a state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. SECTION THREE: Adoption of State Guidelines By Reference. Reference is hereby made to the Law and Guidelines for implementation of the California Envirorunental Quality Act, as amended, which are hereby made the official guidelines for projects which are before the City. SECTION F(RJR:~ Authority. The Directors shall be responsible for determining the applicability of CEQA to projects and applications which are normally administered by their department, and are responsible for compliance with this Resolution and CBQA. Resolution No. Z. SECTION FIVE: Negative Declarations. 1. After c~m~pletion of the initial study by Staff for a proj ect which is not categorically or~ministerially exempt, the Director shall prepare a Negative Declaration for consideration by the Planning Commission and/or City Council when either: a. The Intitial Study shows that there is no substantial evi- dence that the project may have a significant effect on the enviro~unent;or b. The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before the proposed Negative Declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occiu~; and (2) There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. The Director shall prepare the Negative Declaration as expeditiously as possible, but it must be prepared not later than 45 days from the date the project application is accepted as complete. 2, a. Notice that a Negative Declaration has been prepared for a proposed project shall be given by publication at least ten (10) days prior to consideration by the City for approval in a newspaper of general circulation in the area affected by the proposed project. b. The Director also shall send a copy of the notice with the proposed Negative Declaration to every Responsible Agenry and Trustee Agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project. 3. a. The Negative Declaration shall be considered for approval prior to consideration of the project itself at the first hearing on the project. In the case where the City Council is the decision-making body, the Planning Commission shall first consider the Negative Declaration and forward a recomnendation to the City Council along with the rec~mmenda- tion on the project. b. Prior to approving the project, the decision making body shall consider the proposed Negative Declaration together with any comments received during the public review process. The decision making body shall approve the Negative Declaration if it finds, on the basis of the Initial _ Study and any comments received, that there is no substantial evidence that the project will have a significant effect on the environment. Resolution No. 3. c. A decision by the Planning Commission to approve a Negative Declaration or require an EIR, whet it is the decision-making body, may ~ be appealed to the City Council within 10 days from the date of decision. -- 4. After a decision making body approves a project for which a Negative Declaration has been prepared, the Director shall file a Notice of Determination with the County Clerk's office. The filing of the Notice of Determinaatian and the posting an a list of such notices starts a 30-day statute of limitations on court challenges to the approval under CBQA. SECTION SIX: Pnvironmental Impact Reports. 1. a. After completion of the Initial Study for arty project which is not categorically or ministerially exempt, the Director shall require preparation of an Environmental Impact Report~(pIR) whenhe/she finds that the project may have a significant effect on the environment. The decision to require an EIR shall be made as expeditiously as possible, but in no case shall the decision be later than 45 days from the date the project applica- tion is accepted as complete. b. The decision of the Director to require an EIR may be appealed to the Planning Commission within ten (10) days from the date of the decision. c. Immediately after deciding that an ElR is required fora pro- ject, the Director shall send to each Responsible Agency, and to each Trustee Agency (by Certified Mail) a Notice of Preparation stating that an EIR will be prepared. The agencies shall have 45 days to respond with specific detail about the scope and content of environmental information which mist be included in the Draft EIR. 2. Envirormrental Impact Reports are to be prepared for the City of Campbell by consulting firms with expertise in the preparation of EIR's which have been approved by the Planning Commission. The City shall maintain a list of approved consultants. 3, a. The Director shall prepare a Request for Pivposal (]D:'P) detailing the issues to be addressed in the EIR. The RFP shall be ensiled to the consultants on the City's list. Rice proposals are received, the Director shall select the consultant to prepare the EIR fraan the three lowest bids. The Director shall consider the following in selecting the firm; (A) the consultants expertise in issues to be addressed; (B) quality of previously prepared EIR's; and, (C) the time frame for completion. Resolution No. 4. b. The applicant shall bear all costs for the preparation of the EIR. Prior to the consultant begirming work on the EIR, the applicant shall deposit with the City an amount equal to the cost of the EIR plus an additional 10~,to cover airy unexpected costs. Any :excess shall be returned to the appli- _ cant, Any additional or unexpected costs shall be borne by the applicant. 4. a. The consultant shall first submit an Administrative Draft EIR. The Director shall review the draft's acceptability relative to the given project and its consistency with the CEQA guidelines. Clnce the Administra- tive Draft is acceptable to the Director, the consultant shall submit 30 copies of the Draft Envirormiental Impact Report to the City for distribution - and review. b, A minimum period of 30 days (but not longer than 90 days) shall be allowed for review and comment on the Draft EIR. c. As soon as the Draft EIR is submitted, the Director shall file - a Notice of Completion with the State Secretary of Resources. Also at this time, the Director shall provide public notice of the availability of the Draft EIR and the Planning Commission public hearing date. This notice shall be given by publication in a newspaper of general circulation in the area effected by the proposed project at the earliest possible publication date. S, a, ice the review period has ended, the consultant shall prepare a Final EIR which includes responses to comments received during the review period. b. The Final EIR shall be considered at a public hearing prior to consideration of the project itself. In the .case where the City Council is the decision-making body, the Planning Commission shall first hold a public hearing and forward a recommendation to be considered at the City Council public hearing along with a recommendation on the project. c. The decision-making body must certify that the Final EIR is complete and must consider the information contained in the Final EIR prior to considering the project itself. 6. The decision-making body shall not approve a project for which an EIR was prepared unless either: a. The project as app2vved will not have a significant effect on the envirmiment; or b. The City has (1) IIiminated ar substantially lessened all significant effects on the environment where feasible and substantiated it with findings. Resolution No. 5. (2) Determined that aziy remaining significant effects on the environment are found to be unavoidable due to overriding concerns. Findings and a Statement of Overriding Considerations are required. c. With respect to a projedt which includes housing development, the decision-making body shall not reduce the proposed rnanber of housing waits as a mitigation measure if it determines that there is another feasible specific mitigation measure available that will provide a comparable level of mitigation. 7. a. The Director shall file a Notice of Determination following each project approval for which an EIR was considered. The filing of the Notice of Determination starts a 30-day statute of limitations on court challenges to the approval wider CBQA. b. The consultant shall provide a copy of the certified, Final EIR to each Responsible Agency. ~~