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PC Min 09/26/2000CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 26, 2000 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 26, 2000, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairperson Gibbons, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Commissioner: Commissioner: Commissioner: Commissioner: Elizabeth Gibbons George Doorley Joseph D. Hernandez Brad Jones Dennis Lowe Commissioners Absent: Vice Chair: Commissioner: Mel Lindstrom Tom Francois Staff Present: Community Development Director: Planner II: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Kathna Rice Schmidt Darcy Smith William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Hernandez, seconded by Commissioner Doorley, the Planning Commission minutes of September 12, 2000, were approved with two minor corrections. (4-0-2-1; Commissioners Francois and Lindstrom were absent and Commissioner Lowe abstained as he was not present at the September 12, 2000, meeting.) Planning Commission Minutes of September 26, 2000 Page 2 COMMUNICATIONS. 1. Letter from Applicant for Agenda Item No. 1. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairperson Gibbons read Agenda Item No. 1 into the record. PLN2000-114 Del Grande, P. Continued Public Hearing to consider the application of Mr. Paul Del Grande for approval of a Conditional Use Permit (PLN2000-114) to allow for the expansion of an existing auto repair establishment to allow for the temporary storage of vehicles on property located at 24 & 34 Dillon Avenue and 566 E. Campbell Avenue in a PD (Planned Development) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. (Continued from the Planning Commission meeting of September 12, 2000.) Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Advised that staff has an extensive background working with this property owner, over 10 years in dealing with illegal auto storage on the subject property. · Said that two agreements had been reached between the City and Mr. Del Grande for the correction of the illegal conditions on his properties. The most recent agreement required that all improperly stored vehicles be removed from the property by January 2000, and that only 10 licensed vehicles be stored in the front parking lot (566 E. Campbell Avenue). On last count, there are still 19 vehicles stored in the front parking lot. Therefore, Mr. Del Grande has failed to meet the agreement time deadline. · Informed that Mr. Del Grande has owned the Campbell Avenue property since the 1970's and purchased the Dillon Properties later, in 1984. The businesses he operates at 566 E. Campbell Avenue are legal but non-conforming uses. · Stated that Mr. Del Grande filed this Use Permit application to avoid going to Court. · Advised that Mr. Del Grande had originally provided a letter, which described a dismantling operation. However, he has provided a letter this evening that clarifies his request. · Explained that the City is concerned about the blighted conditions of this property, which is located in the SOCA (South of Campbell Avenue) Redevelopment Area as well as the Downtown Development Plan. In addition, the site is directly across the street from the recently renovated Campbell Park and near the future Light Rail Downtown Station. · Said that the current and proposed uses are not consistent with land use policies. Planning Commission Minutes of September 26, 2000 Page 3 · Staff recommends denial of this Use Permit, finding that to approve it would be adding to a non-conforming use. Therefore, no Conditions of Approval have been drafted. Advised that 90 to 100 cars are currently stored on the rear lot (Dillon Avenue). Many of these are cars that have been relocated from the E. Campbell Avenue site. The storage of these vehicles is neither attractive nor organized. · Informed that, under the Campbell Municipal Code, the vacant property would have to be graded for drainage, environmentally tested for any contamination, paved with asphalt or concrete and filtered to prevent contamination to the Storm Drain System and landscaped. · Stated that Mr. Del Grand simply offered to place redwood slates in the chain link fence and to prune back the existing landscaping. Mr. De Grande has stated that he would need lots of time to eliminate the vehicles from these properties. · Reminded the Commission that Mr. Del Grande has already had 10 years, with numerous unmet deadlines, to eliminate the vehicles. · Said that Mr. Del Grande has provided a written statement this evening with his current proposal for the property. · Added that Mr. Del Grande never provided the parking plan requested by staff. · Asked the Commission to deny this application for a Use Permit. Commissioner Hemandez asked whether the agreement entered into between the City and Mr. Del Grande was a way to facilitate a peaceful resolution to the property maintenance issues. City Attorney William Seligmann advised that the agreement is actually a Stipulated Judgment to get final resolution and give Mr. Del Grande some time for the removal of the vehicles. This Judgment can be enforced by a contempt action. The judgment was taken off calendar to allow Mr. Del Grande the opportunity to try to obtain a Conditional Use Permit through the City. One requirement is that there be no more than 10 cars parked overnight on the E. Campbell Avenue parking lot. The rear lot was to either have been cleared or issuance of a Use Permit was to have been approved by 1993. The original Stipulated Judgment was approved five years ago. Commissioner Hemandez sought clarification that Mr. Del Grande is not in compliance with the Stipulated Judgment. City Attorney William Seligmann advised Commissioner Hemandez that Mr. Del Grande is not in compliance. Added, that situation is not the issue for the Commission this evening but rather whether a Use Permit can and should be approved for the proposed use of the properties. Ms. Sharon Fierro, Community Development Director, provide three aerials of the subject properties. The first, dated 1984, shows few cars parked. The second, dated 1988, shows more cars on the parcels. The most recent, dated 1993, shows many cars stored on the parcels, demonstrating the progression for the illegal storage of vehicles on these sites. Planning Commission Minutes of September 26, 2000 Page 4 Chairperson Gibbons stated that this is a non-conforming use. If a Use Permit is granted, no on- site, overnight parking would be allowed. The vehicles must be in and outs. Ms. Sharon Fierro clarified that outdoor storage is permitted if properly screened. Added that using the vacant Dillon site for auto storage is an illegal use, not simply non-conforming. Typically, non-conforming uses are not allow to expand. The properties in question are zoned PD (Planned Development) with Commercial uses designated on the General Plan Land Use Map. Chairperson Gibbons stated that at one point, there was virtually wall-to-wall cars on the E. Campbell Avenue site. Many agreements have been attempted over the years with the last one expiring in January 2000. Reminded the Commission that they are being asked to simply evaluate the potential for a Use Permit and how the proposal fits in with how the space is currently being used. Chairperson Gibbons provided the Site and Architectural Review Committee report as follows: · Stated that SARC reviewed this proposal at its meeting of August 22, 2000. · SARC stated that they would not support the proposal as it is not consistent with City policies. Chairperson Gibbons advised that the Public Hearing for Agenda Item No. 2 was opened at the September 12, 2000, meeting and is still open at this time. Mr. Paul Del Grande, 566 E. Campbell Avenue: · Stated that he has operated his business since 1958, having had three stores at one point and operated six delivery trucks from this location itself. The volume of his business was from $100,000 to $300,000 per month. · Advised that he bought the E. Campbell Avenue property in 1974 and purchased five lots around it in 1975, with the plan to build a legacy for his family. The legacy was to be a Jiffy Lube type of business. · Stated that he loves and knows automobiles, airplanes, etc., and mechanics. · Said that he had a feasibility study, for his dream legacy project, done by a consultant. He paid $1,000. However, when a vendor come to the City to determine feasibility, they left the project when discouraged by the City for its chances of approval. · Explained that he feels the parking of vehicles on the Dillon parcels is "grandfathered" as such parking has occurred for a number of years, including when he himself purchased the property. · Stated that the property across Dillon (Medical building) from his is not well maintained and has insufficient parking. Added that unsightly and tattered canvas awnings were just recently removed from that building. · Expressed the difficulties in trying to give away or junk a vehicle. Charities only want cars from 1980 or newer these days. Planning Commission Minutes of September 26, 2000 Page 5 · Stated that he is not running a wrecking yard. He simply fixes engines for people. · Advised that he celebrated his 73ra birthday on September 25th and he is trying to get rid of these stored vehicles in an orderly manner. Added that it is useless for him to pave the vacant parcel as this is not a long-term use of the property. · Said that the cars that are brought to him are brought because they cannot pass smog. Without passing smog, these cars cannot be legally registered. Said that he is also dealing with DMV to obtain title on many vehicles left with him by clients that could not pay their repair bills. Chairperson Gibbons sought clarification that Mr. Del Grande is asking the Commission to allow him to store disassembled vehicles on the rear vacant lot, adding that this business is unique in that the engines need to be rebuilt prior to legal registration being possible. Said that there are approximately 90 vehicles on the property. Mr. Paul Del Grande agreed that there are about 90 vehicles now. Added that he had disposed of about 80 cars so far. Commissioner Lowe asked Mr. Del Grande just how long he planned to take to divest himself of all the inoperable vehicles. Mr. Paul Del Grande replied that he hopes to sell out or phase out his business. He advised that the store itself is worth about $500,000 and that he did not believe he would have any difficulty finding a buyer for his business. He again expressed his regret that he cannot build his "legacy" for his family, a Jiffy Lube type business, on the property. Commissioner Doorley suggested that Mr. Del Grande register these vehicles as non-operable. Ms. Sharon Fierro: · Stated that Mr. Del Grande has removed approximately 35 cars in the past year from the property. · Said that the Use Permit being sought by Mr. Del Grande would allow vehicles to stay for an unspecified amount of time. Mr. Del Grande is asking that all vehicles be retained on his property. · Added that, under the current agreement, none of these illegally stored vehicles would be permitted to remain on the site. Commissioner Lowe asked for an explanation on "grandfathering" of uses. City Attorney William Seligmann advised that there is a doctrine of non-conforming use which allows the use to continue if it was legally established. If there is a building on a non- conforming property, that building's non-conforming use can continue indefinitely. However, if there is no building on a non-conforming site, the non-conforming use can continue for only five (5) years. Planning Commission Minutes of September 26, 2000 Page 6 Commissioner Lowe asked if this is State Law or City Ordinance. City Attorney William Seligrnann: · Replied that the State Constitution addresses non-conforming use. · Added that the law does not favor non-conforming uses. · Stated that the City of Campbell is one of the most liberal when it comes to allowing the continuation of non-conforming uses. · Advised that the use of 24 Dillon (on which there is no structure) for the storage of vehicles is outright illegal. The use of 34 Dillon could continue if it can be established that it legally existed with that use prior to the change of zoning to PD (Planned Development). Ms. Sharon Fierro advised that the property was used as a single-family residence and has never been a designated Commercial property. The Land Use Designation was single-family and the property is now zoned Planned Development with a Commercial Land Use Designation. Commissioner Doofley asked Mr. Del Grande about the requirement to pave and provide drainage for the vacant lot. Wondered if Mr. Del Grande was willing to meet these requirements. Mr. Paul Del Grande answered that to do so is very expensive and not a good investment for him as he does not plan to use the parcel in this manner for long. Said that if he had plans to continue this use for a long period of time, he would install the required improvements. Added that stored vehicles do not leak. Added that the gasoline in these vehicles is usually stolen from the vehicles. Mr. John P. Harward, Esq., Attorney for Mr. Paul Del Grande: · Stated that he has been in Campbell over the last 35 years. · Said that as part of the agreement with the City, Mr. Del Grande filed for a Use Permit. · Added that had he known that them was no chance to obtain such a permit and that such stringent conditions would be applied to the use, they would never have applied for it. · Added that the application cost Mr. Del Grande $1,627.50, which is wasted money. · Expressed his unhappiness over that fact. · Said that they are trying to solve a difficult problem and that improving the lot into a commercial use does not make sense. · Provided an example of a case he handled in San Jose where a long-time property owner was granted a Use Permit for a non-conforming use that is in effect for the remainder of his life or until he sells the property. · Suggested that the City condemn the property, adding that he would like to see the City do so as right now the City is taking the property from Mr. Del Grande without paying for it. · Stated that he did not feel the City is treating Mr. Del Grande fairly. · Said if the Use Permit is not approved, this matter will have to go back to Court. Planning Commission Minutes of September 26, 2000 Page 7 Commissioner Hemandez questioned Mr. Harward's understanding of the Stipulated Judgment and the impact of the proposed expansion of an existing non-conforming use as well as an existing illegal use. Mr. Jon Harward replied that he did not know that they had "no chance" of approval of this Use Permit. Commissioner Lowe replied that nothing is impossible; it is simply a matter of cost to meet the requirements of approval. Mr. Jon Harward replied that in order to pave the vacant lot, the cars would have to be moved elsewhere. Added that getting rid of these cars is difficult because Mr. Del Grande does not have the title for most and the vehicles must be registered to sell or give them away. At this time, these cars cannot be taken to a junk yard nor can they be given to charity. Commissioner Lowe agreed that it sounds like a "Catch-22" situation. Commissioner Hemandez stated that Mr. Del Grande has not been cooperative in the past and asked Mr. Harward what assurances he could offer that Mr. Del Grande will cooperate in the future. Mr. Jon Harward replied that he has not been involved for that long a period. City Attorney William Seligmann responded to comments by Mr. Harward: · Disagreed that the City is guilty of the taking of Mr. Del Grande's property. · Said that that could be argued only if the City was eliminating any uses of the property which the City is not doing. · Added that, upon speaking with the Police Department, there are contracting agencies that will remove cars for Mr. Del Grande at no charge if he signs over the vehicles. Chairperson Gibbons clarified that, while the use of the parcel on Dillon (with the building on it) may be non-conforming, the vacant parcel on Dillon being used for vehicle storage is an illegal use. City Attorney William Seligmann reiterated that uses of parcels with buildings upon them can continue if those uses were legally established at the time of the zoning change. Ms. Sharon Fierro added that the expansion of the E. Campbell Avenue use is spilling onto the Dillon Avenue property. Chairperson Gibbons stated that the existing use on E. Campbell Avenue can stay but must comply with rules. Planning Commission Minutes of September 26, 2000 Page 8 City Attorney William Seligmann stated that the applicant is seeking to legalize the storage of vehicles on the vacant Dillon lot in order to achieve legal operation of the E. Campbell Avenue location. Mr. Paul Del Grande stated that he disagreed with staff's contention that he has not made efforts to clear the vehicles from his parking lot. Chairperson Gibbons closed the Public Heating for Agenda Item No. 1. Chairperson Gibbons called for a short recess at 8:35 p.m. to allow Commissioner Lowe to return as he left the dais for a moment to respond to a page. Chairperson Gibbons reconvened the meeting at 8:40 p.m. with Commissioner Lowe's return. City Attorney William Seligmann advised that while Commissioner Lowe was away from the dais, he was within heating range and followed all discussion that occurred in his absence and can continue to participate in the Commission's action on this matter. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3004 denying an application for a Conditional Use Permit (PLN2000-114) to allow for the expansion of an existing auto repair establishment allowing for the temporary storage of vehicles on property located at 24 & 34 Dillon Avenue and 566 E. Campbell Avenue, by the following roll call vote: AYES: Doorley, Gibbons, Hernandez, Jones, Lowe NOES: None ABSENT: Francois. Lindstrom ABSTAIN: None Chairperson Gibbons advised that this action is final in 10 days, unless appealed in writing to the City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented, with the added comments: · Advised that there are six items scheduled for the Planning Commission meeting of October 10, 2000. · Reminded the Commissioners that the first Cities Association Workshop will be held on Thursday, September 28*. Planning Commission Minutes of September 26, 2000 Page 9 Informed that the two Planning staff vacancies have been filled. Geoff Bradley has accepted the position of Senior Planner and will begin work on October 2ha. Kfisti Bascom has accepted the position of Planner I and will start on October 9~h. Chairperson Gibbons read Agenda Item No. 2 into the record. 2. Staff Study Session to Review the Draft General Plan. Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Reminded the Commission that the General Plan Task Force was formed by Council in 1998. Members include two Councilmembers (Vice Mayor Dean and Councilmember Watson), representatives from each of the City's Boards and Commissions and one appointee selected by each of the Councilmembers. · The General Plan consists of seven elements. The Update encompasses six of the elements. The seventh, the Housing Element, will be updated in 2001. · Over the years, the City conducted surveys and adopted several documents, which will be folded into the General Plan Update. In 1991, the Community Design Study was approved which recommends design elements to enhance Campbell's image. In 1993, Strategic Plan was approved in which the vision of Campbell as a quality small town was further developed. In 1997 and 1999, Community Satisfaction Surveys were conducted. · Advised that the General Plan is a visionary document that looks out 20 years. A comprehensive update will occur in approximately 10 years. The General Plan is a blueprint for development in the City. · The General Plan Update includes goals, policies and strategies. Goals express the community values and are general in nature. Policies are more precise. Strategies provide an action program to achieve the goals and policies. · Suggested that the elements of particular interest to the Commission include Land Use and Transportation. · Land Use Map changes include better defining Commercial Designations by splitting them into three types: General, Central and Neighborhood. Some areas of the City currently designated as Commercial will be redesignated as Mixed Use which allows a combination of commercial and residential uses, retail or office uses on the first floor with living units above. The intensity of some Industrial areas will be lowered to help buffer land uses between Industrial and Residential uses. Other Industrial areas will be phased out as they are incompatible with the surrounding Land Use designations. The intensity of the Harrison/Central Neighborhood will also be lowered. · Selected Transportation issues include transit-oriented development with higher intensity uses near the Light Rail stations; amenities and bicycle facilities at employment centers, activity centers and residential projects and roadway classifications based on function rather than volume. Planning Commission Minutes of September 26, 2000 Page 10 · Selected Community Design issues include: design guidelines for residential, commercial, industrial and mixed use projects; neighborhood identity and sense of entry; land use compatibility with issues such as noise, light, landscape buffers, etc.; and streetscapes and tree lined streets. · Advised that the Joint Council and Planning Commission Study Session on September 5, 2000, brought forth the following directions for staff.' addressing airport overflight noise more thoroughly; creating a Residential Conservation Overlay District; establishing lighting design guidelines that address glare impacts on neighboring properties; and creating special design guidelines for Winchester Boulevard to slow traffic and improve its appearance. · Provided the schedule for Study Sessions on the Draft General Plan: September 14 (Civic Improvement Commission); September 26 (Planning Commission); September 27 (Historic Preservation Board) and October 4 (Parks and Recreation). · The Public Hearings include October 24 for the Planning Commission review of the Initial Study and November 6 for Council's review and approval. · Advised that a full-page ad will appear in the Campbell Express and that a notice to all affected property owners has been sent notifying them about informational community meetings to be held on October 9, 2000. At 5:30 p.m., changes to industrial areas will be addressed and at 7:30 p.m. changes to residential districts will be addressed. · Informed that following the update of the General Plan staff will need to amend the City's Zoning Ordinance, Zoning Map and any other documents to ensure consistency with the new General Plan. The Housing Element will be prepared and completed by December 2001. The City will implement strategies that prioritize the conservation of historic downtown neighborhoods. · Advised that the City has received preliminary comments from the State on the Safety Element and staff is in the process of making those changes. Commissioner Hernandez asked if this is the only opportunity for comments. Ms. Sharon Fierro replied that it is not the only opportunity. Encouraged the Commissioners to contact her should they have any additional feedback. Added that there will also be Public Hearings at which time additional comments can be provided. Chairperson Gibbons asked for the City's proposed growth projections. Ms. Sharon Fierro stated that the projections are 10% residential growth and 20% commercial/industrial growth. Chairperson Gibbons asked what the current growth projections are for the City. Ms. Darcy Smith, Planner I, replied that no growth projections are specified in the City's current General Plan. Planning Commission Minutes of September 26, 2000 Page 11 Chairperson Gibbons asked how the revised General Plan alters current growth. Ms. Sharon Fierro replied that it stays about the same. There is not a significant change. Some areas were adjusted upwards, others downwards. Ms. Darcy Smith added that approximately 1,600 new units would be projected over the next 20 years. Ms. Sharon Fierro stated that Campbell is basically a built out community. Growth will occur with mixed-use sites. However, even if sites permit mixed uses, they are neither required nor assured. Commissioner Lowe asked about potential for annexation of the Bucknall/Rincon area. Ms. Sharon Fierro stated that there is a policy in the new General Plan to provide for logical boundaries and annexations as appropriate. The area Commissioner Lowe speaks of is known as the Cherry Lane Annexation area. Added that annexation has to be closely studied as residential uses do no pay their own way as far as public services required versus property taxes collected. Commissioner Jones asked for a comparison in new units predicted in Campbell versus other local communities. Ms. Sharon Fierro answered that San Jose is creating higher density wherever possible while Los Gatos envisions no significant change although their "North 40 Area" has some increases in density, the area near the Vasona Light Rail end of the line station near Highway 85. Commissioner Jones stated that he is concerned about how much density the City of Campbell can support and was not confident that the City could support the projected 20% growth rate. Ms. Sharon Fierro advised that the housing projections are provided by ABAG (Association of Bay Area Government). Campbell's share is projected as 1,000 units. It is important for a City to have a jobs and housing balance. Commissioner Jones questioned whether the City of Campbell was not the most densely populated area on a per square mile basis. Ms. Sharon Fierro replied that she was not aware of that statistic but would research that question. Commissioner Jones cautioned that there is only so much space available and higher density risks degrading the quality of life in Campbell. Campbell is one of the County's smallest communities. Planning Commission Minutes of September 26, 2000 Page 12 Commissioner Lowe expressed his agreement with Commissioner Jones' comments and concerns. Asked whether it is true that the City of Campbell has less parkland per capita than other local communities. Ms. Sharon Fierro promised to add that information to the next Planning Commission staff report. Commissioner Lowe asked that staff provide density ratios. Ms. Sharon Fierro stated that each City establishes its own densities. Commissioner Hernandez asked how densities are established. Ms. Sharon Fierro replied that policies are included to protect single family neighborhood densities with a policy for conservation. A Conservation District allows for more flexibility. Commissioner Jones asked just where the 1,000 new residential units would go. Ms. Sharon Fierro advised that they would be located on what are now Commercial sites with the provision of the Mixed Use Designation in the updated General Plan. Commissioner Jones opined that maximizing the use of a site is not always the best use. Commissioner Hemandez asked for more details on the areas most likely for change. Commissioner Jones stated that he would like to see a comparison of Campbell versus other communities. Suggested that a cautious increase in density should occur. Added that he realized that zero growth is not possible but that the City must evaluate when enough is enough. Chairperson Gibbons advised that the current General Plan does not work in helping the Commission to make findings for development approvals. The new General Plan does. The goals, policies and strategies can be utilized in making necessary findings for approval or denials as appropriate. Commissioner Jones again asked for density comparisons with other cities. Commissioner Lowe again asked for density and provision of park land per capita information. Ms. Sharon Fierro promised a slide presentation at the next meeting (Public Heating on October 24, 2000) which will depict density in other cities. Also staff will provide more information about ABAG Housing Guidelines and conduct a vacant land study. Advised that the October 24, 2000, Planning Commission meeting will be devoted to the General Plan Public Hearing. Planning Commission Minutes of September 26, 2000 Page 13 Commissioner Doorley advised that the motivation for his seeking appointment to the Planning Commission was the situation with the Tubby/Harrison Avenue project. Added that he himself resides in a townhouse and such housing is needed in the community, as it is more affordable. Added that he looks forward to moving into a single-family property in the future. Commissioner Hernandez said that the City of Campbell cannot have no growth but also should not have extreme growth. Ms. Sharon Fierro advised that she will take the comments from this evening and get the density and parkland information requested back to the Commission as well as provide slides of other cities. Added that there are few vacant lots in Campbell. Most have something on them. Chairperson Gibbons suggested that the Commissioners provide feedback in time to incorporate in the next staff report. ADJOURNMENT The Planning Commission meeting adjourned at 10:27 p.m. to the Planning Commission meeting of October 10, 2000, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: APPROVED BY: ATTEST: ~izab~h Gibl~ns, ~h~tir Sharon Fierro, Secretary