PC Min 12/14/1999CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
DECEMBER 14, 1999
CITY HALL COUNCIl. CHAMBERS
The Planning Commission meeting of December 14, 1999, was called to order at 7:30 p.m., in
the Council Chambers, 70 North First Street, Campbell, California by Chairman Jones, and the
following proceedings were had, to wit:
ROLL CALL
Commissioners Present:
Chair:
Acting Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Brad Jones
Elizabeth Gibbons
Tom Francois
Joseph D. Hernandez
Susan A. Kearns
Dennis Lowe
Commissioners Absent:
Commissioner:
Mel Lindstrom
Staff Present:
Interim Community
Development Director:
Planner II:
City Attorney:
Public Works Director:
Reporting Secretary:
Sharon Fierro
Katrina Rice Schmidt
William Seligmann
Robert Kass
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Francois, seconded by Commissioner Lowe,
the Planning Commission minutes of November 23, 1999, were approved.
(6-0-1; Commissioner Lindstrom was absent.)
COMMUNICATIONS.
The following communication items were distributed:
1. Three items regarding Agenda Item No. 4 (STANP Update)
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
Planning Commission Minutes of December 14, 1999 Page 2
ORAL REQUESTS
Ms. Pam Donaldson, 811 Virginia Avenue:
· Expressed concern about the requirement for installation of curbs, sidewalks and gutters by a
neighbor who is currently undertaking a major renovation of his home. While he was
initially told improvements would not be necessary, when attempting to obtain building
permits, he was advised by Harold Housley in Public Works that the improvements would
have to be installed now.
· Stated that she has made at least $150,000 worth of improvements on her own home over the
last 20 years.
· Advised that there are no other street improvements on her street and is concerned that the
appearance of these improvements would be strange since they would be the only
improvements on the street.
Ms. Sharon Fierro, Interim Community Development Director, advised that staff will investigate
this particular concern and get back to Ms. Donaldson.
PUBLIC HEARING
Chairman Jones read Agenda Item No. 1 into the record.
PLN1999-00010/
PLN1999-00011
Kennedy, J.
Public Hearing to consider the application of Mr. James
Kennedy for approval of a Zone Change (PLN1999-00010) from
R-M-S (Multiple Family Residential) to PD (Planned
Development), a Lot Split (PLN1999-00011) to create two lots
from a single lot and a Planned Development Permit (PLN1999-
00010) to allow the construction of a new single-family
residence on the newly created lot, on property located at 299 N.
Harrison Avenue in an R-M-S (Multiple Family Residential)
Zoning District. A Negative Declaration has been prepared for
this project. Tentative City Council Meeting Date: January 18,
2000.
Ms. Sharon Fierro, Interim Community Development Director, advised the Planning
Commission that the applicant is seeking a continuance to the meeting of January 11, 2000, to
allow completion of revised plans per the recommendations made by SARC.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Kearns, the
Planning Commission continued consideration of a Zone Change (PLN1999-
00010) from R-M-S (Multiple Family Residential) to PD (Planned
Development), a Lot Split (PLN1999-00011) to create two lots from a single
lot and a Planned Development Permit (PLN1999-00010) to allow the
construction of a new single-family residence on the newly created lot, on
property located at 299 N. Harrison Avenue, to the meeting of January 11,
2000. (6-0-1; Commissioner Lindstrom was absent.)
Planning Commission Minutes of December 14, 1999 Page 3
Chairman Jones read Agenda Item No. 2 into the record.
PLN1999-00016
Wyatt/Merlo
Public Hearing to consider the application of Mr. Jeff Wyatt and
Mr. Gary Merlo for approval of an Extension (PLN 1999-00016) to
a previously-approved Site and Architectural Approval (S 98-17) to
allow the construction of a new two-story building in the
Downtown area and a Conditional Use Permit (UP 98-11) to allow
a billiard establishment on property located at 368 E. Campbell
Avenue in the C-3-S (Central Business District) Zoning District. A
Negative Declaration has been prepared for this project. Planning
Commission decision final unless appealed in writing to the City
Clerk within 10 days.
Ms. Sharon
follows:
·
Fierro, Interim Community Development Director, presented the staff report as
Advised that the applicants are seeking an extension to a Site Approval and Conditional Use
Permit.
Stated that there are no changes to the originally approved plans except for the required
modifications to the elevations, which have been completed.
Said that there are no changes in circumstances and staff is recommending approval of the
extension.
Chairman Jones opened the Public Hearing for Agenda Item No. 2.
Chairman Jones closed the Public Hearing for Agenda Item No. 2.
Motion:
Upon motion of Commissioner Hernandez, seconded by Commissioner
Kearns, the Planning Commission adopted:
A. Resolution No. 3249, approving a one year extension (PLN99-16) to a
previously-approved Site and Architectural approval (S 98-17) to
allow the construction of a new two-story building in the Downtown
area; and
B. Resolution No. 3250, approving a one year extension (PLN99-22) for
a previously-approved Conditional Use Permit (UP 98-11) to allow a
billiard establishment at 368 E. Campbell Avenue, by the following
roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lowe
NOES: None
ABSENT: Lindstrom
ABSTAIN: None
This approval is final, unless appealed in writing to the City Clerk within 10 days.
Planning Commission Minutes of December 14, 1999 Page 4
Chairman Jones read Agenda Item No. 3 into the record.
S 99-06
Sotoodeh, H.
Public Hearing to consider the application of Mr. Hooman Sotoodeh, on
behalf of Enviro Science, Inc., for a Site and Architectural Approval (S
99-06) to allow a garage to be converted to office space and make
parking, landscaping and architectural changes to an existing
office/retail building on property located at 2220 S. Bascom Avenue in
a C-2-S (General Commercial) Zoning District. This project is
Categorically Exempt. Planning Commission decision final, unless
appealed in writing to the City Clerk within 10 days.
Ms. Sharon Fierro, Interim Community Development Director, presented the staff report as
follows:
· Advised that the applicant is seeking a Site and Architectural Approval to allow existing
improvements, which were constructed without permits, to remain.
· There are two buildings on the site, a former residence, which houses Photo Depot, and a
garage, which was converted into office space without permits.
· Informed that the applicant has worked extensively with staff and SARC.
· Said that proposed parking is 9 spaces or one space for each 300 square feet of space.
Typically, 12 spaces would be required with a parking ratio of one space for every 225 square
feet.
· Streetscape improvements will be provided as part of this application.
· Advised that with a Condition of Approval, which limits the uses of the site to less intensive
uses, this project will work.
Chairman Jones opened the Public Hearing for Agenda Item No. 3.
Chairman Jones closed the Public Hearing for Agenda Item No. 3.
Chairman Jones asked which Condition limits the uses?
Sharon Fierro clarified that a condition needs to be added as follows: Building Use: Use of the
rear building on this property is limited to office use and shall be reviewed by the Community
Development Department staff to ensure that the proposed use creates no adverse parking
impacts.
Planning Commission Minutes of December 14, 1999 Page 5
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Kearns, the
Planning Commission adopted Resolution No. 3251 granting a Site and
Architectural Approval (S 99-06) to allow a garage to be converted into office
space and make parking, landscaping and architectural changes to an
existing office/retail building on property located at 2220 S. Bascom Avenue,
by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lowe
NOES: None
ABSENT: Lindstrom
ABSTAIN: None
Chairman Jones read Agenda Item No. 2 into the record.
2. STANP Update
Staff
Continued Public Hearing to consider the City-initiated application
for approval of Modifications to the San Tomas Area Neighborhood
Plan. The modifications are Categorically Exempt from the
California Environmental Quality Act (CEQA) under Section 15301.
Tentative City Council Meeting Date: January 18, 2000.
Ms. Katrina Rice Schmidt,
· Advised that this item
Planner II, presented the staff report as follows:
was continued from the Commission meeting of November 23, 1999,
where public testimony was heard and the Commission voted on seven of eight staff
recommendations.
The Commission needs to provide a recommendation on the last eight streets regarding street
improvement standards for those streets.
Added that the Commission also might want to refine its position on Floor Area Ratios with
the additional text, "A property with a net lot area of 8,001 to 8,999 square feet may add
living space as long as the residence does not exceed 4,000 square feet."
Commissioner Gibbons advised that this new language is necessary since there is a mathematical
inconsistency for 8,000 square foot lots which actually reduces the size of allowable units on
those lots in a way that is unfair.
Ms. Katrina Rice Schmidt added that as the STANP text currently reads lots 8,000 square feet or
less can build up to a .50 FAR for a total of 4,000 square feet. Staff suggests that from 8,001 to
8,999 square feet, owners can build a home of up to 4,000 square feet, no matter whatever the
FAR. Properties 9,000 square feet or larger are limited to a .45 FAR.
Chairman Jones opened the Public Hearing for Agenda Item No. 4.
Planning Commission Minutes of December 14, 1999 Page 6
Mr. Daraius Sorabji, 610 Craig Avenue:
· Suggested that the City get rid of FAR limits altogether as it makes things too complex.
· Reiterated the point he made at the last hearing on the "garage factor." Garage space is not
living space and for a smaller property, a garage takes up a larger percentage of allowable
FAR than same garage takes up on a larger parcel.
Commissioner Lowe advised Mr. Sorabji that having a three-car garage is a choice made when a
resident decides to add on to his property.
Chairman Jones closed the Public Hearing for Agenda Item No. 4.
Commissioner Gibbons stated her support for the clarification on FAR standards.
Commissioner Lowe added his concurrence.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner Lowe,
the Planning Commission voted to recommend that the San Tomas Area
Neighborhood Plan be amended to incorporate a provision allowing minor
additions to existing single family homes with a net lot area less than 8,000
square feet to a total Floor Area Ratio of .50; additions up to a maximum
total of 4,000 square feet on properties with a net lot area of 8,001 to 8,999
square feet with no specific FAR standard; and a FAR of .45 for properties
9,000 square feet or larger; by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lowe
NOES: None
ABSENT: Lindstrom
ABSTAIN: None
Discussion re Audrey Avenue
Ms. Katrina Rice Schmidt, Planner II, advised that staff is recommending full improvements.
The San Tomas Area Neighborhood Association is recommending no improvements.
Chairman Jones opened the Public Hearing re Audrey Avenue.
Mr. Terry Kuenzli, 1197 Audrey Avenue:
· Provided an updated petition from his neighborhood, saying that he missed only three houses.
· Advised that of all the property owners he spoke to on the subject of improvements, two
residents on Audrey, one on Vale; one on Dale and one on Oberon liked sidewalks. The rest
did not want improvements.
Chairman Jones closed the Public Hearing on Audrey Avenue.
Planning Commission Minutes of December 14, 1999 Page 7
Commissioner Francois stated that it appears that the residents of Audrey overwhelmingly do not
want improvements on their street. Suggested that the Commission should go with the residents'
feelings and leave their street as it is, without improvements.
Commissioner Kearns stated her concurrence. Added that the neighbors like the rural
characteristics of their area without sidewalks, semi-rural and not as formal looking.
Commissioner Gibbons stated that she is supportive of leaving Audrey as it is now. However,
she added that it leaves an odd situation with the four to five houses that have improvements in
place already. Said that it is not the best of all worlds to leave it as it is but if that is what the
residents want, that's what they should have.
Chairman Jones added his agreement, saying that it is their neighborhood. Questioned whether
the existing improvements should be removed.
Commissioner Lowe stated that making those property owners remove the improvements they
paid to install would not make any sense.
Motion:
Upon motion of Commissioner Francois, seconded by Commissioner Lowe,
the Planning Commission voted to recommend that the no improvements be
required for Audrey Avenue, by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lowe
NOES: None
ABSENT: Lindstrom
ABSTAIN: None
Discussion re Hack Avenue
Ms. Katrina Rice Schmidt, Planner Il, advised that staff is recommending full improvements for
consistency.
Chairman Jones opened the Public Hearing on Hack Avenue.
Ms. Susanne Waher, 1381 Estrellita Way.
· Advised that the San Tomas Area Neighborhood Association does not agree with staff's
recommendation on Audrey or Hack.
· Suggested that if the people on Audrey choose to remove the improvements in front of their
homes, they can do so but at their own expense.
Chairman Jones closed the Public Hearing on Hack Avenue.
Planning Commission Minutes of December 14, 1999 Page 8
Motion:
Upon motion of Commissioner Kearns, seconded by Commissioner Francois
the Planning Commission voted to recommend that the no improvements be
required for Hack Avenue, by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Kearns
NOES: Lowe
ABSENT: Lindstrom
ABSTAIN: None
Discussion re Craig Court
Ms. Katrina Rice Schmidt, Planner 1/, advised that staff is recommending improvements to
match. The San Tomas Neighborhood Association is recommending only rolled curbs with no
sidewalks.
Chairman Jones opened the Public Hearing on Craig Court.
Mr. Bob Lopes, 1001 Hazelwood Avenue:
· Advised that he provided a petition from his neighbors at the last meeting.
· They support no improvements on Craig Court.
Chairman Jones closed the Public Hearing on Craig Court.
Commissioner Gibbons stated that she recalled that position from the Craig Court residents.
Questioned the need for language that warns about deterioration of streets and the City's inability
to guarantee drainage without improvements.
Mr. Bob Kass, Public Works Director.
· Advised that this language is simply due diligence that states that no extra attention to street
maintenance will occur to deal with deterioration of streets due to lack of adequate drainage.
· Added that that language could be removed if the Commission wishes to do so.
Commissioner Kearns clarified that this does not mean that the City won't take care of
resurfacing of streets without improvements.
Mr. Bob Kass advised that the City has limited ability to address drainage concerns without
improvements to direct water to the Storm Drains. Added that it is not necessary to put language
in the San Tomas Area Neighborhood Plan limiting the City's part in drainage on streets without
improvements.
Chairman Jones reopened the Public Hearing on Craig Court.
Commissioner Francois asked whether there is support in the neighborhood for rolled curbs.
Planning Commission Minutes of December 14, 1999 Page 9
Mr. Bob Lopes, 1001 Hazelwood Avenue.
· Answered that the neighborhood prefers no rolled curb.
· Added that, personally, he does not feel rolled curbs are that bad.
Commissioner Francois asked if he was opposed to rolled curb.
Mr. Bob Lopes replied that he was not opposed to rolled curb.
Mr. Harry Greenwood, 1609 Hacienda Avenue.
· Said that he is hearing about alternatives to improvements including rolled curbs and proper
grading and filling in of the roadway.
Chairman Jones re-closed the Public Hearing on Craig Court.
Motion:
Upon motion of Commissioner Hernandez, seconded by Commissioner
Francois, the Planning Commission voted to recommend that no
improvements be required for Craig Court, by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lowe
NOES: None
ABSENT: Lindstrom
ABSTAIN: None
Discussion on Hazelwood & Ecker Court
Ms. Katrina Rice Schmidt, Planner II, advised that staff is recommending improvements on the
north side of Hazelwood. The San Tomas Neighborhood Association is recommending rolled
curbs with no sidewalks.
Chairman Jones opened the Public Hearing on Hazelwood & Ecker.
Mr. Bob Lopes, 1001 Hazelwood Avenue.
· Advised that he lives on the comer of Craig and Ecker.
· Said that residents want no improvements.
Chairman Jones closed the Public Hearing on Hazelwood & Ecker.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Francois, the Planning Commission voted to recommend that no
improvements be required for Hazelwood, by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lowe
NOES: None
ABSENT: Lindstrom
ABSTAIN: None
Planning Commission Minutes of December 14, 1999 Page 10
Discussion re Crockett Avenue
Ms. Katrina Rice Schmidt, Planner II, advised that staff is recommending improvements. The
San Tomas Neighborhood Association is recommending no improvements.
Chairman Jones opened the Public Hearing on Crockett Avenue.
Ms. Susanne Waher, 1381 Estrellia Way.
· Advised that Council has already ruled recently that improvements are not required on
Crockett.
Mr. Bob Kass, Public Works Director, clarified that Council's action was for one specific project
and not a decision for the full street.
Mr. Neil Lysons, 932 Crockett Avenue.
· Said that there is no reason for improvements.
· Advised that several properties on Crockett have just recently been developed; therefore,
those properties will not be redeveloped for the next 30 to 40 years which means that
improvements will not be required for that length of time.
· Said that he likes the San Tomas Area because it is different.
Chairman Jones closed the Public Hearing on Crockett.
Motion: Upon motion of Commissioner Francois, seconded by Commissioner Kearns,
the Planning Commission voted to recommend that the no improvements be
required for Crockett Avenue, by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lowe
NOES: None
ABSENT: Lindstrom
ABSTAIN: None
Discussion re improvements on Peggy Avenue
Ms. Katrina Rice Schmidt, Planner II, advised that staff is recommending improvements and the
San Tomas Neighborhood Association is recommending rolled curbs with no sidewalks.
Chairman Jones opened the Public Hearing on Peggy Avenue.
Mr. Neil Lysons, 932 Crockett Avenue:
· Reiterated that people do not want improvements.
· Asked why the City keeps voting on the matter.
Commissioner Gibbons explained that the STANP Update is needed after being in place for five
years. The review is the result of concerns raised in implementing the STANP.
Planning Commission Minutes of December 14, 1999 Page 11
Mr. Neil Lysons asked when the STANP will next be reviewed.
Commissioner Gibbons replied that the plan will be reviewed as needed.
Chairman Jones advised that this review process takes into account the "will of the people" in
that public hearings allow community input. This matter will go from this Commission to
Council for final action.
Chairman Jones closed the Public Hearing on Peggy Avenue.
Motion:
Upon motion of Commissioner Kearns, seconded by Commissioner Gibbons,
the Planning Commission voted to recommend that rolled curbs but no
sidewalks be required for Peggy Avenue, south of Hacienda, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kearns, Gibbons
Francois, Hernandez, Jones, Lowe
Lindstrom
None
The motion failed.
Chairman Jones stated that that motion was inconsistent with the rest of the Commission' s
recommendations this evening.
Motion:
Upon motion of Commissioner Francois, seconded by Commissioner Lowe,
the Planning Commission voted to recommend that no improvements be
required for Peggy Avenue, south of Hacienda, by the following roll call vote:
AYES: Francois, Gibbons Hernandez, Jones, Lowe
NOES: Kearns
ABSENT: Lindstrom
ABSTAIN: None
Discussion re Steinway Avenue
Ms. Katrina Rice Schmidt, Planner II, advised that staff is recommending improvements to
match existing. The San Tomas Neighborhood Association is recommending rolled curbs only.
Chairman Jones opened the Public Hearing re improvements on Steinway.
Ms. Susanne Waher, 1381 Estrellita Way.
· Said that she is speaking as an individual rather than as President of San Tomas
Neighborhood Association.
· Said that she would love to see in improvements on Steinway.
Planning Commission Minutes of December 14, 1999 Page 12
Chairman Jones closed the Public Hearing on Steinway.
Commissioner Gibbons asked if there were drainage concerns on Steinway.
Mr. Bob Kass:
· Advised that a large portion of Steinway is already improved.
· Rolled curbs in the parts of Steinway not yet improved would help improve the drainage as
well as increase pedestrian safety, particularly for students walking to Capri School.
Commissioner Gibbons stated that this area is appropriate for improvements.
Commissioner Lowe agreed that full improvements were appropriate.
Chairman Jones stated his support for no improvements.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner Lowe,
the Planning Commission voted to recommend full street improvements on
Steinway, east of Peggy Avenue, by the following roll call vote:
AYES: Francois, Gibbons, Lowe
NOES: Hernandez, Jones, Kearns
ABSENT: Lindstrom
ABSTAIN: None
The motion failed.
Motion:
Upon motion of Commissioner Hernandez, seconded by Commissioner
Kearns, the Planning Commission voted to recommend rolled curbs on
Steinway, east of Peggy Avenue, by the following roll call vote:
AYES: Francois, Hernandez, Kearns
NOES: Gibbons, Jones, Lowe
ABSENT: Lindstrom
ABSTAIN: None
The motion failed.
Commissioner Gibbons stated that the needs and wishes of the property owners is important but
that the safety needs of the community is the overriding issue in this particular area. Stated her
support for complete improvements.
Commissioner Hernandez asked the difference with the recommendation on Peggy.
Commissioner Gibbons stated that Peggy is not a through street.
Planning Commission Minutes of December 14, 1999 Page 13
Chairman Jones expressed support for safety but stated that the area residents don't support the
improvements and don't seem to find that not having improvements is a safety issue.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Gibbons,
the Planning Commission again voted to recommend full street
improvements on Steinway, east of Peggy Avenue, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Francois, Gibbons, Hernandez, Lowe
Jones, Kearns
Lindstrom
None
Discussion re improvements on Sunnybrook Drive
Ms. Katrina Rice Schmidt, Planner II, advised that staff is recommending no improvements.
Chairman Jones opened the Public Hearing on Sunnybrook Drive.
Chairman Jones closed the Public Hearing on Sunnybrook Drive.
Motion:
Upon motion of Commissioner Kearns, seconded by Commissioner Francois,
the Planning Commission voted to recommend no improvements on
Sunnybrook Drive, by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lowe
NOES: None
ABSENT: Lindstrom
ABSTAIN: None
Chairman Jones asked staff about the situation raised this evening by Ms. Donaldson regarding
improvements being required on Virginia Avenue.
Mr. Bob Kass, Public Works Director:
Stated that full improvements are already called for on Virginia, including curb, gutter and
sidewalks.
· Advised that on Virginia, south of Hacienda to Capri is already fully improved.
Informed that typically, if there are no existing improvements in place, a deferred street
improvement agreement is entered into.
· Reminded that there is no proposed change to the status of Virginia Avenue within the
Updates to the STANP.
Chairman reopened the Public Hearing and asked Ms. Donaldson to approach the Commission
again.
Planning Commission Minutes of December 14, 1999 Page 14
Ms. Pam Donaldson, 811 Virginia Avenue.
· Stated her concern about having curb, gutter and sidewalk in the middle of a block with no
other improvements in place.
· Said that she does not want to see a "hodgepodge" looking street.
· Said that she has 20 year old trees that she would lose in the event that improvements are
required in front of her home.
· Stated that she prefers no improvements on her street but especially does not want to see
improvements only in front of one property on the block.
· If improvements are eventually installed, would like to see curb and sidewalk but no park
strip (so that she could retain her mature trees which would be lost if a park strip is installed).
Ms. Sharon Fierro advised that in this particular situation a deferred street improvement would
be entered into with the property owner. Advised that it would not make sense to install
improvements in front of one property.
Chairman Jones advised that while the STANP is being reviewed, Ms. Donaldson has the
opportunity to speak out against future improvements on her street. Now is the time to speak
out.
Mr. Peter Donaldson, 811 Virginia Avenue.
· Advised that there is not a drainage problem on Virginia.
· Said that a full sidewalk is in place across the street which offers pedestrian safety.
· Informed that they do not want curbs and gutters.
· Asked why his neighbor is being asked to install improvements at this time.
Chairman Jones suggested that the Donaldsons attend the Council meeting when the changes to
the STANP are decided.
Chairman Jones closed the Public Hearing.
Chairman Jones suggested a motion that Council revisits this stretch of Virginia regarding this
stretch of improvements.
Commissioner Gibbons recommended that the matter be returned to staff for clarification.
City Attorney William Seligmann recommended clarifying language to page 20 (of the clean
version) and/or page 24 (of the highlighted version) of the STANP regarding criteria for
implementing installation of improvements required under a deferred street improvement.
Mr. Bob Kass, Public Works Director, clarified that the existing STANP is more rigid and did
not allow for deferred street improvements. The proposed added language will allow the City to
enter into deferred street improvement agreements.
Planning Commission Minutes of December 14, 1999 Page 15
Chairman Jones suggested that the City always enter into deferred street improvement
agreements or bring projects to the Planning Commission if installation of improvements is being
required immediately.
Mr. Bob Kass reiterated the City policy to defer improvements if not connected to existing
improvements by taking a deferred improvement agreement.
Commissioner Gibbons suggested language, which states that it is the policy of the City Engineer
not to require installation of improvements if not directly connected to existing improvements
but rather to enter into a deferred improvement agreement until such time that enough
improvements can be installed to warrant the installation.
Mr. Bob Kass stated he had no problem with that suggestion.
City Attorney William Seligmann stated that the suggestion would seem to work. Clarification
would be needed as to how long the improvements would be deferred and more clearly define
what will trigger the installation of improvements.
Mr. Bob Kass advised that the STANP update would go to Council on January 17, 2000.
Suggested that this concern, regarding the latitude to require improvements and/or deferred street
improvements, be called out in the staff report to Council
Chairman Jones stated that when deferred street improvements are to be installed, the matter
should be brought before the Planning Commission for a Public Hearing.
Commissioner Gibbons stated that anyone has a right to appeal.
City Attorney Seligmann asked what would trigger bringing consideration of improvements to
the Commission.
Commissioner Gibbons answered whenever a deferred agreement is to be acted upon.
Commissioner Lowe stated that the Commission changes its members and opinions will change
as the membership of the Commission changes.
Chairman Jones stated that with Public Hearings, there is public notification. Said that the
STANP is a guideline not set in stone. It can be changed.
Commissioner Lowe suggested that the City Engineer could send some sort of notification when
improvements are slated to be installed.
Commissioner Gibbons suggested a 300-foot notice.
Planning Commission Minutes of December 14, 1999 Page 16
City Attorney said that the Commission recommendation appears to be a Public Works
notification of impending installation of improvements and give a 10-day appeal period.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Kearns, the
Planning Commission voted to recommend clarifying language to the STANP
pertaining to deferred street improvement agreements, "Deferred agreements
may be taken in lieu of installation of improvements as determined by the City
Engineer upon finding that deferring construction of improvements would
promote orderly and consistent development. It shall be the policy of the City to
defer the installation of improvements. At such time that the City Engineer
determines that deferred improvements shall be installed, the Public Works
Department shall send out a 300 foot notification with an appeals process
outlined," by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Kearns, Lowe
NOES: Jones
ABSENT: Lindstrom
ABSTAIN: None
Commissioner Gibbons:
· Suggested that removing street classifications is reasonable since the information is already
included in the City's General Plan.
Ms. Katrina Rice Schmidt advised that the Commission's final action on this item is to adopt a
resolution forwarding the proposed revisions to the STANP on to Council.
Commissioner Kearns advised that she will abstain from the vote since one issue, street
improvements on her street, create a conflict of interest.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Francois, the Planning Commission adopted Resolution No. 3252 forwarding
recommended amendments to the San Tomas Area Neighborhood Plan to
Council with the recommendation that the text amendments be approved by
the Council, by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Lowe
NOES: None
ABSENT: Lindstrom
ABSTAIN: Kearns
Chairman Jones advised that this matter will be heard by Council at its meeting of January 18,
2000.
Planning Commission Minutes of December 14, 1999 Page 17
MISCELLANEOUS
Chairman Jones read Agenda Item No. 5 into the record.
5. Election of 2000 Chair and Vice Chair
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Kearns, the
Planning Commission nominated Commissioner Gibbons to serve as
Planning Commission Chair for the year 2000. (6-0-1; Commissioner
Lindstrom was absent.)
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Kearns, the
Planning Commission nominated Commissioner Lindstrom to serve as
Planning Commission Vice Chair for the year 2000. (6-0-1; Commissioner
Lindstrom was absent.)
6. Cancellation of December 28, 1999, Planning Commission Meeting
Motion:
Upon motion of Commissioner Kearns, seconded by Commissioner Lowe, the
Planning Commission cancelled the Planning Commission meeting of
December 28, 1999. (6-0-1; Commissioner Lindstrom was absent.)
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Ms. Sharon Fierro, Interim Community Development Director, was
accepted as presented, with the added comment:
· Announced that the new Mayor is Jane Kennedy and the new Vice Mayor is Matthew Dean.
ADJOURNMENT
The Planning Commission meeting adjourned at 9:55 p.m. to the Planning Commission meeting
in the Council Chambers, City Hall, 70 North First Street, Campbell,
of January 11, 2000,
California.
SUBMITTED BY:
APPROVED BY:
ATTEST:
Corinne A. Shinn, Req.9_r~j_ng Secretary
Brad Jones, Chai~
Sharon Fierro, Secretary