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PC Min 04/18/1978PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES APRIL 18, 1978 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 North Central Avenue, Campbell, California. ROLL CALL Commissioners: Hebard, Campos, Dickson, Samuelson Vierhus, Chairman Pack; Secretary Arthur A. Kee; Present Senior Planner Bruce R. Powell; Engineering Manager Bill Helms, City Attorney J. Robert Dempster; Recording Secretary Sandy Kinsey. Absent APPROVAL OF MINUTES COMMUNICATIONS PUBLIC HEARINGS Commissioner Lubeckis Commissioner Vierhus moved that the minutes of the regular meeting of April 4, 1978 be approved, seconded by Commissioner Dickson, and unanimously adopted. Mr. Kee indicated to the Commission that a letter had been received from Commissioner Lubeckis informing us of his resignation as of May 1, 1978 ( a copy of which is included herein). Mr. Kee reported that other communications received relate to specific items on the agenda. PD 78-5 Public hearing to consider the application of Messrs. Mackey, J. and F. James M. and Frank P, Mackey for approval of plans, elevations, and development schedule to allow conversion ` of a residence into a restaurant on property known as 106 East Campbell Avenue in a P-D (Planned Development/ Commercial) Zoning District. Commissioner Vierhus reported that the applicant had met with the Site and Architectural Review Committee this morning to discuss this project. The Committee is recommending that this application be discussed before the entire Commission. The Committee also felt that this item should be continued until a firm policy on conversions has been established. The Architectural Advisor was quite impressed with the house itself. Mr. Kee explained that it would be most helpful if the Commission would establish a committee to study conversions. There was a joint study session with the City Council in which conversions were discussed and the Council asked that some action be taken. Chairman Pack agreed that the Commission should set up a committee to start working on firm guidelines with staff regarding conversions. Mr. Kee explained that this item could be continued until the Commission can come back with recommendations, then guidelines could be adopted. Commissioner Dickson asked if this involved changing any ordinances. Mr. Kee responded that if the full Commission decides the ordinance should be changed, they could make that recommendation to the City Council. Mr. Kee also stated that the City Council did recommend that we should not accept any applications for conversions unless they are already in process. Commissioner Dickson asked if we could go ahead and review this application now before we get guidelines on conversions. Commissioner Vierhus replied that the Commission could review the Site and Architectural design, but could not do much about the application. At this time Mr. Powell displayed the plans for the Commission's review. Chairman Pack declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. James Mackey of 12576 Saratoga Avenue, Saratoga, applicant for the project, appeared before the Commission. He explained hiss creditials in the restaurant business and in various notable restaurants and hotels throughout the states. The applicants are primarily interested in having a small, intimate continental restaurant and will not serve hard liquor. Mr. John Font, owner of the building, spoke in favor of the project. Ms. Blainer of 13936 Lacey Avenue, Saratoga, spoke in favor of changing - the ordinance to allow a project of this type in the city. She felt this would upgrade the area by maintaining the building to its natural state. Mr. Calvin Clemmons, 78 S. Third Street, Campbell, spoke in opposition to the project due to the additional traffic it would generate. He requested that the Commission individually examine the location and traffic bottlenecking at the intersection of Civic Center Drive and Third Street, right in front of the proposed restaurant location. Mr. Clemmons also asked that a traffic survey be taken at that location. Commissioner Hebard stated that this proposed use should not generate any more traffic than the use it is at the present time. -2- Mr. Leard, 58 S. Third Street, Campbell, asked the Commission how many parking spaces the proposed restaurant would have. Mr. Kee stated that the restaurant would have 12 parking spaces as required by the Zoning Ordinance. Mr. Dan Curry, 86 N. Third Street, Campbell, appeared before the Commission to ask what the operating hours of the restaurant will be. The applicant replied the operating hours would be from 6 p.m. to 11:30 p.m. Mr. Murray Magnasco, 67 S. Third Street, Campbell appeared before the Commission and spoke in opposition to the project. Commissioner Hebard felt that this type of use would generate less traffic than any other use that he could think of. He also mentioned the historic preservation ordinance that is being worked on right now, and felt that maybe this building would have some historical features that the applicant would have to abide by so that the building would retain its identity. Commissioner Dickson stated that there should be some indication that the City Council would entertain a change in the ordinance to allow a conversion of this type. He expressed that he was in opposition to this application at this time. Commissioner Vierhus stated that the Commission could not do much about the application as the ordinance reads now. Commissioner Vierhus moved that the public hearing be continued two weeks to allow a study of the ordinance, seconded by Commissioner Hebard. Commissioner Hebard mentioned to the Commission that it was in their power to go ahead and approve the application under the PD ordinance, but that he fe]t the Commission needed to look into this further. Chairman Pack expressed that she has always been in favor of converting residences, especially in the downtown area, but that she would not be in favor of this application until she had some reassurance from the Public Works Department that this proposed restaurant would not create any traffic problems. She was also in favor of a continuance so •t hat the Commission could get a copy of the historic ordinance. Commissioner Vierhus asked Mr. Dempster to examine the use permit and determine what the status of the building would be if the use permit expired. Chairman Pack asked that Mr. Dempster report to the Commission on this matter at the next meeting. Mr. Helms and Mr. Dempster felt that they would be able to report to the Commission at the next meeting. Commissioner Vierhus asked Mr. Dempster if this application could be approved under the PD ordinance. Mr. Dempster replied that it could be approved. -3- Chairman Pack asked Commissioner Vierhus to restate his original motion. Commissioner Vierhus restated his motion which read that this application be continued two weeks in order that staff could come back with a report on residential conversions, the City Attorney could report on the status of the existing use permit, and that the Public Works Department make a traffic survey. Commissioner Hebard asked Commissioner Vierhus if he was going to include in the motion about historic preservation of the building. Commissioner Vierhus answered no. Commissioner Hebard then withdrew his second to the motion. Commissioner Vierhus moved that the public hearing be continued until the second meeting in May in order that a study could be made of conversions in PD zoning districts, a report from the City Attorney on use permits, and a traffic study be done by the Public Works Department, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Samuelson, Vierhus, Pack NOES: Commissioners: Dickson ABSENT: Commissioners: Lubeckis Commissioner Dickson wished to state his reason for voting no. He felt it was not proper that conversions of residential buildings to commercial uses are not permitted in any other zoning district; therefore, the Commission should not be "watering" down the ordinances by allowing this kind of a conversion under the PD ordinance. He explained that if the Commission wants to do this, the Commission should change the ordinance. .~ ~. PD 78-6 Public hearing to consider the application of Saber-Motamedi Houshang ~ Homayon Saber-Motamedi for approval of plans, elevations, and development schedule to allow construction of a retail commercial abd restaurant building on property known as 64 N. Harrison Avenue in a P-D (Planned Development/ Commercial) Zoning District. Commissioner Vierhus reported that the applicant had met with the Site and Architectural Review Committee this morning to discuss this project. The Committee felt this was an excellent use of this property. One problem did exist on the map, however, it did not show the North Loop Street cutting through the property. The Architectural Advisor was in favor of the application and recommended approval. Mr. Kee reviewed what the application involved and showed an aerial view of the site and the location of the loop street. -4- Mr. Kee explained that the egress and ingress is set back from the loop street and would be the only access to the property. Commissioner Hebard asked how much dedication the plans include on Harrison Avenue. Mr. Helms answered that they are not proposing any widening on this property; the maximum widening was already done when the U-Save Rockery was developed. He felt there was no need for additional right of way. Mr. Kee stated that staff recommended approval and that approval be recommended to the City Council. Chairman Pack asked if the Site and Architectural Review Committee felt that the traffic circulation would be alright. Commissioner Vierhus stated that the Committee felt it would be fine. At this time Chairman Pack opened the public hearing for anyone in the audience to speak for or against this project. No one wishing to be heard, Commissioner Vierhus moved that the public hearing be closed, seconded by Commissioner Hebard and unanimously adopted. RESOLUTION N0. 1688 Commissioner Vierhus moved that the Planning Commission adopt a Resolution recommending that the City Council approve the application of Houshang ~ Homayon Saber- motamedi for approval of plans, elevations, and development schedule to allow construction of a retail commercial and restaurant building on property known as 64 N. Harrison Avenue in a P-D (Planned Development/ Commercial) Zoning District, seconded by Commissioner Hebard, and adopted by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: TS 78-5 Lands of Tate Hebard, Campos, Dickson, Samuelson, Vierhus, Pack None Lubeckis .,. ~. ~. Tentative Subdivision Map, Lands of Tate APN 403-21-19, 23, 28, 2g, 32, and 33 Mr. Kee stated that staff is recommending approval of the proposed subdivision subject to the conditions listed in the Staff Comment Sheet.. Commissioner Hebard, moved that the Planning Commission find the proposed subdivision is in compliance with the General Plan and recommend to the City Council approval of TS 78-5 subject to the conditions listed in the Staff Comment Sheet, seconded by Commissioner Samuelson and unanimously adopted. J. .~. .4 -5- Staff Report Staff report regarding the Joint Study Session of Joint Study Session the City Council and Planning Commission on Monday, City Council and April 3, 1978• Planning Commission Mr. Kee explained the purpose of the summary of the City Council-Planning Commission study session. There were nine items on the agenda, and only a few needed action. Chairman Pack reported that staff was going to prepare a report on text amendments. Mr. Kee pointed out that .the Commission may want to have a committee to work with staff on this report. Commissioner Dickson stated that the City Council asked that the Planning Commission schedule a public hearing on establishing a moratorium on con- versions along with initiating a text amendment. Mr. Kee explained that staff would not accept any more applications. Chairman Dickson felt that staff should come to the Commission with a report and at that time the Commission would establish a committee. Mr. Kee felt that it was important that this report include the Architectural Advisor's opinion. Chairman Pack now discussed Item 5 regarding fast-food restaurants. She understood that staff was to prepare a preliminary report to present to the Commission. Mr. Kee responded that this will be on the agenda for the next Planning Commission meeting. Chairman Pack asked if it would be a problem if an application for a fast- food restaurant were submitted. Mr. Kee responded that it should not be a problem; if an application came in it would have to be processed, however, the Commission could consider the application in relation to the determination of the report on fast-food restaurants. Mr. Kee discussed Item 8 by mentioning to the Commission that staff would have a report coming to the Commission at the next meeting. Mr. Kee informed the Commission that there would need to be a motion from the Commission to initiate a public hearing. Commissioner Vierhus moved that staff is authorized to initiate a General Plan hearing in the San Tomas, Union, and Whiteoaks-Bascom Avneue area, seconded by Commissioner Samuelson and unanimously adopted. ;,; ;; -6- Rescheduling of the Consideration of change to the July 4, 1978 July 4, 1978 Planning Planning Commission meeting since that day Commission Meeting is a holiday. Commissioner Vierhus moved that the Planning Commission designate July 5, 1978 as the date for the first meeting in July, seconded by Commissioner Samuelson and unanimously adopted. .~ .~ ITEMS BROUGHT UP BY COMMISSIONERS RESOLUTION N0. 1689 Commissioner Vierhus moved that the Planning Commission adopt a Resolution commending Commissioner Lubeckis for his service on the Planning Commission, seconded by Commissioner Samuelson and adopted by the following vote: AYES: Commissioners: Hebard, Campos, Dickson, Samuelson, Vierhus, Pack NOES: Commissioners: None ABSENT: Commissioners: Lubeckis .~ .~. ADJOURNMENT Commissioner Vierhus moved that the meeting be adjourned, seconded by Commissioner Samuelson and unanimously adopted., The meeting was adjourned at 9:20 p.m. APPROVED: Margaret M. Pack, Chairman ATTEST: Arthur A. Kee, Secretary RECORDED: Sandy Kinsey, Recorder -7- DIES • TOOLS -JIGS • FIXTURES -EXPERIMENTAL AND DESIGNING 511 DIVISION fTREET CAMPfELL, CALIFORNIA li500e April 14, 1978. Arthur Kee, Planning Director City of Campbell ?5 North Central Avenue Campbell, CA 95008 Gentlemen: (4oe> aye-sore p ~~~~d~ D APR 1 71978 CITY OF CAMPBELL PLANNINQ DEPARTMENT, This letter will serve as my notice of resignation from the position of Planning Commissioner for the City of Camp- beii, effective may 1, 1978. I regret to inform you of this decision but as I will be moving to Monte Sereno, I feel this change is necessary. Thank you for the opportunity to have served the City of Campbell in the capacity of Planning Commissioner, I found the experience very rewarding.__, Uery truly y rs, O1 Lubeckis OL/kwt CC: City Manager City Clerk Mayor Chamberlin File