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PC Min 12/13/1983PLANNING OON~.4ISSION CITY OF CAMPBELL, CALIFORNIA 7:30 P.M. MINUTES DECEMBER 13, 1983 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, 75 N. Central Ave., Campbell, California. ROLL CALL Present Commissioners: Kasolas, Meyer, Dickson, Fairbanks; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert Dempster, Recording Secre- tary Linda Dennis. Absent Commissioners: Campos, Howard APPROVAL OF MINiTTES November 22, 1983 It was moved by Commissioner Dickson, and seconded by Commissioner Meyer, that the Planning Commission approve the minutes of November 22, 1983 as sub- mitted. Motion carried unanimously (4-0-2). CONr4[JNI CAT IONS D'fr. Kee noted that communications received pertained to specific items on the agenda and would be presented at that time. PLANNING COPR~IISSION MEETING A poll was taken of the Commission to determine if there would be a quorum for the scheduled meeting of December 27, 1983. It was the consensus of the Commission that a quorum would not be available; therefore, the meeting was cancelled. Any item being continued from this evening's meeting will be continued to the meeting of January 10, 1984. ~ ~ ~ ARCHITECI'[JRAL APPROVALS S 83-16 Application of Mr. Robert L. Ferguson, on behalf of Economy Lumber Economy Lumber, for approval of plans and elevations to allow the construction of a sales building on pro- perty known as 720 Camden Avenue in an M-2-S (Heavy Industrial) Zoning District. Mr. Kee reported that Staff is recommending a continuance of this item in order that the applicant may resolve some access problems. It was moved by Commissioner Kasolas, and seconded by Commissioner Dickson, that S 83-16 be continued to the Planning Commission meeting of January 10, 1984. Motion carried unanimously (4-0-2). ~ ~ ~ -Z- S R3-17 Application of Mr. Al Anzoategui, on behalf of Carl Carl N. Swenson N. Swenson, for approval of plans and elevations to allow an addition to an existing retail building (Goodwill Store) on property known as 60 S. San Tomas Aquino Road in a C-2-S (General Commercial) Zoning District. Commissioner Dickson reported that this item was considered by the Site and Architectural Review Committee. The Committee is recommending a continuance in order that the applicant might address concerns listed in the Staff Report. The applicant is in concurrence with this recommendation. Commissioner Kasolas asked how the existing sign is non-conforming, noting that his understanding of the sign ordinance's grandfather clause would provide that this sign could remain even though it is over the height limit . Mr. Kee noted that Staff does take the strictest interpretation of the sign ordinance in all cases; however, Staff does not have a problem with sending any recommendation regarding signing from the Commission to the Council. Mr. Kee suggested that the Commission make it's decision on the signing for this project on the signing's own merit and separately from the site application. It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that 5.83-17 be continued to the Planning Commission meeting of January 10, 1984. Motion carried unanimously (4-0-2). ~ ~ ~ NM 83-16 Application of Mr. Frank Ashton for a minor modification Ashton, F. to approved plans to allow a one year temporary approval of a cargo storage container and a fenced-in storage area on property known as 471 E. Campbell Avenue in a PD (Planned Development/Commercial"and/or Industrial) Zoning District. Commissioner Dickson reported that this item was considered by the Site and Architectural Review Committee this morning. The applicant has done a fine job of putting the container on the site and is not taking up any ,parking spaces. However, following the policy established by the Commission that these containers be considered as temporary units, the Committee is re- commending a maximwn approval of six months. The applicant also has a fenced-in storage area to the rear of this building and they have asked that they be allowed to use this areafor a period of one year. The Committee is recommending approval of this temporary use for a period of one year. It was moved by Commissioner Kasolas, and seconded by Commissioner Dickson, that the Planning Commission approve the use of a cargo storage container for a period of six months, and the continued use of the fenced-in storage area for a period of one year. Motion carried unanimously (4-0-2). ~~~ -3- PUBLIC HEARINGS GP 83-10 Cor_tinued public hearing to consider the application Southbay Con- of Ntr. Richard Nlerwin, on behalf of Southbay Construc- struction Co. tion and Development Co., to amend the Land Use Element of the General Plan from Low Density Residential to Commercial on the easterly portion of properties known as 1252 ~ 1274 Walnut Drive. Nfr. Kee reported that a communication has been received from the applicant requesting that this application be removed-~~from the agenda. Additionally, Staff is recommending that one-half the filing fee be refunded in that this application has not been sent on to the City Council. and, in effect, has only gone one-half way through the process. Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak, it was moved by Commissioner Kasolas, and seconded by Commissioner Dickson, that the public hearing be closed. Notion carried unanimously (4-0-2). RESOLUTION NO. 2246 It was moved by Commissioner Meyer, and seconded by Commissioner Kasolas, that the Planning Commission adopt Resolution No. 2246 denying without prejudice GP 83-10, and recommending that the City Council refund one-half of the applicant's filing fee. Notion carried by the following roll call wte: AYES: Commissioners: Kasolas, Meyer, Dickson, Fairbanks NOES: Commissioners: None ABSENT: Commissioners: Campos, Howard ~ ~ ~ UP 83-17 Public hearing to consider a modification to an Badii, A. approved use permit to allow an addition to an existing convalescent hospital on property known as 238 Virginia Avenue in a P-F (Public Facilities) Zoning District.. Commissioner Dickson reported that this item was before the Site and Archi- tectural Review Committee, and after discussion of concerns presented by Staff, the applicant is in agreement with a recommendation for continuance. Commissioner Kasolas asked if this property is located within the San Tomas Area and, if so, has any consideration been given to the increased density proposed. NIr. Kee responded that Staff would check into this for the next meeting, and see, also, if the density policy pertained to public facilities. Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak at this time, it was moved by Commissioner Meyer, and seconded by Commissioner Kasolas, that UP 83-17 be continued to the Planning Commission meeting of January 10, 1984. Notion carried tmani- mously (4-0-2). . -4- UP 83-18 Public hearing to consider the application of H ~ E H $ E Assoc. Association, Inc., for a use permit to allow the conversion of a restaurant to a discotheque on pro- perty known as #750 The Pruneyard (The Terrace, formerly the Outlook) in a C-2-S (General Commercial) Zoning District. D'fr. Kee reported that a communication has been received from the applicant asking that this application be withdrawn, therefore Staff is recommending denial without prejudice. Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak, it was moved by Commissioner Meyer, and seconded by Commissioner Dickson, that the public hearing be closed. Motion carried unanimously (4-0-2). RESOLUTION N0. 2247 It was moved by Commissioner Dickson, and seconded by Commissioner P4eyer, that the Planning Commission adopt Resolution No. 2247 denying without prejudice UP 83-18. D'Iotion carried with the following roll call vote: AYES: Commissioners: Kasolas, Meyer, Dickson, Fairbanks NOES: Commissioners: None ABSENT: Commissioners: Campos, Howard ~ ~ ~ ZC 83-11 Public hearing to consider the application of Dlr. Oliver, R. Robert Oliver, on behalf of Mark Thomas ~ Co., Inc., for a zone change from M-1-S (Light Industrial) to C-PD (Condominium-Planned Development/Industrial) and approval of plans, elevations, and development schedule to allow the construction of an industrial condominium project on property known as 70 Cristich Lane . Commissioner Dickson reported that this item was considered by the Site and Architectural Review Committee, and the Committee is recommending a continuance with the concurrence of the applicant. Discussion ensued regarding required width of easements, City policies per- taining to easements, width of streets, and the aligpment that exists on Cristich Lane. Chaiiman Fairbanks asked if the Site Committee had discussed the recommenda- tion for delay with the applicant, in that this recommendation is because of another application. - Commissioner Dickson noted that the applicant is aware of the reason for delay and is in agreement with this recommendation. Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak for or against this item. -5- No one wishing to speak, it was moved by Commissioner Meyer, and seconded by Commissioner Dickson, that ZC 83-11 be continued to the Planning Commission meeting of January 10, 1983. Notion carried unanimously (4-0-2). ~ ~ ~ MISCELLANEOUS UP 82-11 Continued application of Mr. Kostas Kapiniaria for (Modification) approval of a modification to a previously approved Kapiniaris, K. use permit to allow on-sale beer and wine and the addition of an outdoor eating area (20 seats) to an existing delicatessen business located on property known as 2523B S. Winchester Blvd. in a C-2-S (General Commercial) Zoning District. Commissioner Dickson reported that this item was before the Site and Architectural Review Committee.. The applicant has agreed to add a fence enclosure along the building. The Committee is of the opinion that up to four tables (16 seats) could be placed along the building, and with this in mind, the Committee is recommending approval. Nk. Kee noted that Staff is recommending a condition of approval which would provide for the submittal of revised plans indicating the layout of the tables as well as the design for the planter areas to define the seating area. The placement of the tables near the building would leave roughly 10 feet free for a walkway. Pedestrian traffic is not too heavy in this particular section of the shopping center. Mr. Kee concluded that Staff is in concurrence with the recommendations of the Site Committee. Commissioner Dickson noted that although the Site Committee is recommending approval, he personally is opposing the recommendation due to the comments from the Police Department (attached hereto). Chairman Fairbanks commented that although most of the concerns identified by the Police Department are valid, she is not in agreement with the comment pertaining to a "public gathering place for juveniles." Commissioner Kasolas indicated his agreement with Chairman Fairbanks. It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that the Planning Commission approve UP 82-11 (codification) subject to conditions as listed in the Staff Comment Sheet, with the addition of a fenced and planter area and with four tables (20 seats). Motion carried with a vote of 3-1-2, with Commissioner Dickson voting "no". ~ ~ ~ ZC 83-09 Continued referral from City Council regarding zone B/JF,A Development change application on property known as 44 ~ 56 Sunnyside Avenue. A'fr. Kee reported that Staff is recommending that this item be continued, due to a request from the applicant. It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that ZC 83-09 be continued to the meeting of January 10, 1984. Notion carried unanimously (4-0-2) . ~ ~ ~ ~6- The meeting recessed at 8:35 p.m.; the meeting reconvened at 8:45 p.m. ~~~ Referral - EIR 83-03 Referral from the City Council to consider new EquiReal Development information pertaining to the Draft EIR which Corp. has been prepared for the proposed research and development complex on property known as 535 Westchester Drive (Winchester Drive-In) in an M-1-S (Light Industrial) Zoning District. City Attorney Dempster advised the Commission that because of the advisory opinions of the Fair Political Practices Commission, and because a process was developed at the meeting of November 22, 1983 whereby four commissioners were selected to hear the subject application, the same four commissioners are authorized to review this application this evening. However, since there are two comnissionersabsent this evening, Mr. Dempster advised that Commissioner Kasolas would be involved in the review of this project in order that a quorum be established. Commissioner Kasolas noted that it is his understanding that the situation remains the same as previously stated on November 22, 1983 regarding the declaration of possible conflict of interest. He then stated that he would participate in the discussion of this application on the advise of counsel. Mr. Stafford reviewed the application at length, citing the new information being presented regarding traffic mitigation measures and on-site circulation. Mr. Stafford noted that Staff is recommending that the Commission re-open the public hearing on the EIR, and then certify this EIR as complete with the docwnented information as well as the testimony presented this evening. It was moved by Commissioner Meyer, and seconded by Commissioner Dickson, that the public hearing be re-opened on EIR 83-03. Motion carried unani- mously (4-0-2), with the following roll call wte: AYES: Commissioners: Kasolas, Meyer, Dickson; Fairbanks NOES: Commissioners: None ABSENT: Commissioners: Campos, Howard Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Albert Ruffo, Attorney for the applicant, 333 W. Santa Clara Street, San Jose, noted that his client is in concurrence ti~rith Staff's recommendation for certification of the EIR as complete with the addition of the testimony presented this evening. Mr. Dave Shrader, property owner on Cristich Lane, stated that there is a traffic problem on McGlincey Lane and Cristich Lane, and he did not see how these problems could be mitigated. Ms. Lupe Compean, 60 Cristich Lane, noted that she is against the zone ehange from heavy industrial to light industrial for her property. Mrs. Jean Shrader, 213 Cristich Lane, asked for clarification on the proposed traffic mitigation measures. -7- D'Ir. Helms, Engineering Manager, presented the proposed traffic mitigation measures at length, answering questions from the Commission pertaining to each measure proposed for specific intersections. 1~r. Jack Petersen asked who was going to pay for all the proposed improve- ments . Mr. Helms explained the City policy which provides that the developer will pay for.. all the necessary Improvements related to his project. No one else wishing to speak, it was moved by Commissioner Meyer, and seconded by Commissioner Dickson, that the public hearing be closed. Dbtion carried unanimously (4-0-Z) . RESOLUTION N0. 2248 It was moved by Commissioner Dickson, and seconded by Commissioner Meyer, that the Planning Commission adopted Resolution No. 2248 certifying the EIR as complete with the mitigation measures presented this evening. Motion carried with the follow- ing roll call vote: Discussion of Motion Chairman ,Fairbanks noted that she would be speaking against the motion because she is not totally satisfied with the report in that it has not covered multi- use of the facilities or the loss of the current drive-in as a recreational use in the City. Vote on Motion AYES: Commissioners: Kasolas, Meyer, Dickson NOES: Commissioners: Fairbanks ABSENT: Commissioners: Campos, Howard It was moved by Commissioner Dickson, and seconded by Commissioner Meyer, that the Planning Commission refer this .item back to the City Council, along with testimony received this evening. Motion carried unanimrously (4-0-2). ~ ~ ~ S 83-13 Continued application of Mr. Mark Disbrow, on EquiReal Develop- behalf of EquiReal Development Corp., for ment Corp, approval of plans and elevations to allow the construction of a research and development com- plex on property known as 535 Westchester Drive (Winchester Drive-In) in an M-1-S (Light In- dustrial) Zoning District. Commissioner Dickson reported that this item was considered by the Site and Architectural Review Committee. It is the opinion of the Committee that the applicant has done 3 good job answering the concerns that have been expressed on this project. The plan now keeps truck and car traffic on-site separated, and provides for employees patio areas. ThQ Committee is recommending that approxi- mately 53 parking spaces be landscaped at this time and held in reserve should -8- additional parking be required at a later date. Additionally, Condition H should now read, "Applicant shall submit evidence, satisfactory to the City Attorney, indicating that guarantees for acquisition of rights-of-way and construction of improvements as required in Conditions "0" through "V" will be provided prior to issuance of a building permit. Acquisitions and con- struction of improvements shall be completed prior to issuance of occupancy permits." Condition "1" is recommended to read "Revised elevations and/or site plan to be approved by the Site and Architectural Review Committee within 30 days of Planning Corrunission approva.l." Chairman Fairbanks asked about the approximate size of the patio areas, and if these patios were being located in areas which would be conducive to their proposed uses. Mr. Kee noted that the patio areas are approximately 300'x65'. It is Staff's opinion that there should be no problems with the proposed locations. Commissioner Kasolas asked what benefit this project would be to the community in terms of jobs provided, traffic mitigation measures, etc. Mr. Kee reported that the project proposes to provide approximately!.15~80 jobs, the surrounding businesses are of a service nature and should be complemented by this project. Regarding street improvements, Mr. Kee noted that it is not City policy to provide street improvements, and the measures proposed by this development have not been provided for in the Capital Improvement Program; therefore, the developer will be paying for all these improvements. Addi- tionally, the project will bring Campbell's jobs/housing balance closer to alignment. Chairman Fairbanks asked about proposed phasing. Mr. Kee responded that phasing has been suggested by the City of San Jose, and if this is the desire of the Commission, Staff would recommend that the appli- cant be given an opportunity to consider how the project could be phased and to come back to the Commission with a time schedule. He noted that Staff, however, can support this project without phasing with the proposed mitigation measures. D'fr. Ruffo, Attorney for the applicant, stressed that the applicant is against phasing the project because it will make it difficult to lease the project. Mr. Mark Disbrow, applicant, stated that the developer is in agreement with the recommendations of Staff and the Site Conmiittee. D~Iotion It was moved by Commissioner Dickson, and seconded by Commissioner Meyer, that the Planning Commission approve S 83-13 based on the revised EIR and infor- mation provided this evening pertaining to traffic mitigation measures, sub- ject to conditions of approval as listed in the Staff Comment Sheet; and, that this action be forwarded to the City Council. Motion carried with the follow- ing roll call vote: AYES: Commissioners: Kasolas, Meyer, Dickson, Fairbanks NOES: Commissioners: None ABSENT: Conani.ss Toners : Campos , Howard -9- Commissioner Kasolas commented that this type of project provides great bene- fit to the community by providing jobs. Chairman Fairbanks noted that the revised plans are a vast improvement over the originally submitted plans, and she appreciated the developer responding to the recreational needs of -the employees. She added that she is sorry to see the drive-in go. Commissioner Dickson complimented the developer on the revised plans. ~ ~ ~ ITEN6 BROUGHT UP BY COrTTISSION RESOLUTION N0. 2249 It was moved by Comrissioner Meyer, and seconded by Commissioner Dickson, that the Planning Com- mission adopt Resolution No. 2249 commending Commissioner Kotowski for his service to the Planning Commission and the community. Motion carried unanimously (4-0-2). ~ ~ ~ Commissioner Kasolas asked what the policy was for loading/unloading of goods/products off trucks in the public right-of-way. Mr. Dempster noted that the City is currently looking at the ordinances affecting this situation. - * ~ ~ AATOiIRTVNIF.N'T' It was moved by Commissioner Dickson, and seconded by Commissioner Meyer, that the Planning Commission meeting be adjourned. The meeting was adjourned at 10:10 p.m. APPROVED: JOANN FAIRBANKS CHAIRTIAN ATTEST: ARTHUR A. KEE SECRETARY RECORDED: LINDA A. DENNIS