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PC Min 09/26/1995CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 26, 1995 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 26, 1995, was called to order at 7:39 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairwoman Meyer-Kennedy, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chairwoman: Commissioner: Commissioner: Commissioner: Commissioner: Jane Meyer-Kennedy I. Alne Alana S. Higgins Brad Jones Susan A. Kearns Commissioners Absent: Commissioner: Commissioner: Mel Lindstrom Dennis Lowe Staff Present: Senior Planner: Associate Planner: Planner I: Planner I: City Attorney: City Manager: Reporting Secretary: Darryl M. Jones Tim J. Haley Gloria Sciara Aki Honda William Seligmann Mark Ochenduszko Corinne A. Shinn Chairwoman Meyer-Kennedy deviated from the agenda for a moment in order to welcome newly appointed Commissioner, Brad Jones, to his first meeting. Planning Commission Minutes of September 26, 1995 Page 2 APPROVAL OF MINUTES Motion: On motion of Commissioner Alne, seconded by Commissioner Higgins, the Planning Commission minutes of September 12, 1995, were approved with one correction. (3-0-2-2; Commissioners Lindstrom and Lowe were absent and Commissioners Jones and Kearns abstained.) COMMUNICATIONS The following communication items were distributed: 1. A letter expressing concerns regarding Agenda Item No. 4. o A fax from the applicant for Agenda Item No. 4 requesting a continuance to the October 10, 1995, Planning Commission meeting. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REOUESTS: There were no oral requests. PRESENTATIONS City Manager, Mark Ochenduszko made a presentation to the Commission regarding proposed street maintenance activities as follows: Street maintenance is an important issue for the City of Campbell. · An underlying topic when discussion street maintenance is the consideration of a utility tax. A utility tax will allow the City of Campbell to increase funds for use in street maintenance. · Cities have lost revenue to the State of California. For fiscal year 93/94, the City of Campbell lost $1.2 million dollars which the State transferred to cover schools. Every year since that time, the City has lost more revenue to the State, equal to 30% of property taxes. · The City of Campbell underwent an intense assessment of its programs and services, determining which programs/services were mandated, required or desired. The City made cuts in ways so that they would not be seen/felt by the residents of the City. One step was to eliminate middle management level positions and to eliminate the Redevelopment Department, making redevelopment an arm of the City Manager's Office. · The City contracted with Central Fire for fire protection, saving more than $200,000. Savings will increase with each year. · Other cuts included reduction of museum and social services funding. One unfortunate result was that the Campbell Progressive Seniors folded as a result of these financial cutbacks. · City goals include enhancing the appearance of the City, improving the gateways to the City, more open space and improving neighborhoods. Planning Commission Minutes of September 26, 1995 Page 3 City of Campbell's general fund includes $18 million dollars in expenses and $2.3 million dollars in property tax revenue. Fire services cost $3.1 million dollars per year. Since the City of Campbell is built out, no significant increase in sales tax revenue can be relied upon. The City currently includes $675,000 for street maintenance. This funds street striping and minor maintenance such as filling in potholes. Gas tax funds, based on population, have dwindled over the last 10 years. Bascom Avenue was recently repaved and improved with federal grant funding. This was the only project, and Campbell the only city, to receive this federal funding. Current work being conducted on Campbell Avenue is being funded out of reserves. Residential streets are not being done. The City's streets have been evaluated using a Pavement Condition Index (PCI). A core sample is taken and analyzed. The streets are evaluated for the amount of traffic and loads that are placed upon them to project their condition. A PCI rating of 100 is a new street (example of a 100 is Jim Elder Drive which is new). A PCI of 70 is acceptable and this rating reflects the most cost-efficient time to repair a street. It costs four times more to reconstruct a street than to repave a street. Hacienda Avenue is experiencing allegator cracking and stretching. Stretching is caused by the heating and contracting of asphalt. Generally this occurs if the asphalt was not hot enough when it was originally installed. Recently, the contractor working on Railway Avenue had to remove asphalt when it was discovered that the asphalt was not hot enough when installed. To maintain its streets, the City of Campbell needs $1.2 million dollars more than it currently has available. Is the situation catastrophic? No. However, the money is not in the general fund and a funding source is needed. The City employed a professional surveyor. Current presentations are not an effort to convince anyone but to determine the sentiment of residents on the issues of street conditions and maintenance. He is happy to find that 56% of Campbell residents surveyed support a sfreet repair plan. The survey included a random sampling of registered voters residing in Campbell. When asked what they felt were the most important issues in Campbell, the first concern was to maintain the responsiveness of fire and paramedic services. The second concern was s~reet repair. When comparing Campbell to other cities in the county, it is one of a few (Monte Sereno, Los Altos Hills & Santa Clara) without a utility tax. Campbell, a city with a population of 38,000, is operating with a $30 million dollar budget as compared to Palo Alto, with a population of 58,000, which operates with a $250 million dollar budget. Campbell has the lowest revenue per capita in Santa Clara County. However, the cost of service is basically the Planning Commission Minutes of September 26, 1995 Page 4 same in all dties. Campbell has added three police officers in the last two years. Part of the funding comes from the Crime Bill Grant. The current preferred funding alternative is a utility tax which will be recommended to City Council on October 17th. Reason for this alternative is that it is easily implemented and the burden is carried by all users. Utilities to be taxed include gas, electric and phones and possibly cable, water and sewers. This issue has bee widely advertised and many community meetings have been held. The public knows that this is coming. Commissioner Higgins asked the City Manager whether the City of Campbell has investigated a city tax on the sale of real property which is currently collected by San Jose, Mountain View and Palo Alto. City Manager Mark Ochenduszko responded that this had been looked at during revenue enhancement meetings. City Attorney William Seligrnann added that as a General Law City, Campbell is limited in the taxes it can impose. Commissioner Higgins insisted that the tax collected by the other cities on the sale of real property should be available to the City of Campbell. City Manager Mark Ochenduszko promised to call Commissioner Higgins to discuss this possibility further. He advised that the City currently receives a real property tax which is approximately $75,000 per year. Commissioner Alne asked whether he understood the situation correctly in that the City has a deficit of $16 million dollars needed for street maintenance. He expressed his concern that street maintenance has been pushed down as a priority for such a long time. A utility tax is probably a necessary thing. Fire, police and street maintenance are important considerations for the City of Campbell. City Manager Mark Ochenduszko advised that $16 million dollars is not a figure that he is presenting. Streets wear at differing rates. Residential streets are repaved approximately every 20 years or so. When evaluated in the 1970's, Campbell's streets were not considered problematic. He has evaluated previous budgets and has not found a lot of explanation as to rationales for decisions regarding street maintenance budgeting and funding. Someone should have questioned this sooner. Commissioner Alne asked why this would be different in the future. City Manager Mark Ochenduszko responded that commitment to the community Planning Commission Minutes of September 26, 1995 Pal~e 5 and a recognition of the current situation with an aging infra-structure would make the City careful in the future to prevent a re-occurrence of this present situation. The funds derived from the utility tax will only be used for street maintenance and not for any other uses. PUBLIC HEARING Chairwoman Meyer-Kennedy read Agenda Item No. 1 into the record. 1. S 95-11 Public Hearing to consider the application of LSI Construction for a Site and Architectural Approval to allow the construction of a new two-story, single-family residence on property located at 1260 Burrows Road in an R-l-10 (Single Family Residential) Zoning District. Ms. Gloria Sciara, Planner I, presented the staff report as follows: · Applicant is seeking a site approval to allow the construction of a new single- family home in the San Tomas Area. · This home would be built on a flag lot, and 1260 Burrows is the front lot. · The zoning of the property is R-l-10 (Single Family Residential -- 10,000 square foot minimum lot size). · The lot was split in 1988 to allow two 6,000 square foot lots. Therefore, these lots will be developed based upon the R-l-6 (Single Family Residential -- 6,000 square foot minimum lot size). · Applicant's original proposal called for a Mediterranean-style design with curved tile roof. · Project has been revised, upon recommendation of the Site and Architectural Review Committee, and elements changed. The roof materials are flat ceramic tile. · Staff is supportive of the project, finding it appropriate. House includes 2,500 square feet of living space and a 400 square foot garage. Commissioner Alne presented the Site and Architectural Review Committee report as follows: · SARC discussed the size of the houses in relation to the lot size. These are non-conforming legal lots. · Recommends approval of the modified design. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 1. Ms. Dawn Vadbunker, 1360 Burrows Road, addressed the Commission as follows: · Advised that one of the exhibit maps was incorrect, actually pointing out a friend's house instead of the project site. · Asked that if driveway gates were installed (seems to be proposed as per Condition No. 32) that a pedestrian entry also be included as well to allow Planning Commission Minutes of September 26, 1995 Page 6 integration of the home and its residents into the neighborhood rather than being dosed off and inaccessible. Feels that the proposed project conforms with the San Tomas Area Neighborhood Plan in spirit. This is an addition that will be enjoyed by the area and will help improve the property. Strongly supportive of the project. MO~O~ On motion of Commissioner Alne, seconded by Commissioner Higgins, the Planning Commission moved to close the Public Hearing (5-0-2; Commissioners Lindstrom and Lowe were absent). MO~O~ On motion of Commissioner Alne, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 2998, approving a Site and Architectural Application (S 95-11) to allow the construction of a new single-family residence on property located at 1260 Burrows Road, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Higgins, Jones, Kearns, Meyer-Kennedy None Lindstrom, Lowe None This approval is effective in 10 calendar days unless appealed in writing to the City Clerk. Chairwoman Meyer-Kennedy read Agenda Item No. 2 into the record. 2. S 95-12 Public Hearing to consider the application of LSI Construction for a Site and Architectural Approval to allow the construction of a new two-story, single-family residence on property located at 1282 Burrows Road in an R-l-10 (Single Family Residential) Zoning District. Ms. Gloria Sciara, Planner I, presented the staff report as follows: · This project is the second (back) lot in the flag lot. Applicant is seeking a Site and Architectural Approval to allow the construction of a single-family residential structure. · In the original submittal, the applicant had proposed that both homes be built of the same materials. Applicant was asked to use different materials. Applicant has made significant changes. This home will utilize horizontal wood siding, a simulated shake roof and include a wrap-around porch. · Staff is supportive of this proposed project. Planning Commission Minutes of September 26, 1995 Page 7 Commissioner/kine presented the Site and Architectural Review Committee report as follows: · SARC initially had concerns about the shaped tile roof originally proposed. Since SARC met, the applicant has made significant changes and addressed SARC concerns. · SARC is supportive of the project as modified. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 2. Ms. Dawn Vadbunker, 1360 Burrows Road, addressed the Commission as follows: · Reiterated her desire to include a pedestrian entrance if the driveways are gated. Again mentioned the incorrect exhibit map. Commissioner Alne asked that staff ensure that correct addresses were included on the final resolution. Commissioner Kearns asked for clarification about the reduction in the right-of- way dedication. Will Burrows Road become more narrow. Ms. Gloria Sciara, Planner I, responded that the right-of-way has been reduced by 10 feet to reflect the policies set forth in the San Tomas Area Neighborhood to retain the rural character of the area. Commissioner Alne asked if this was a law or a preference and why. Ms. Gloria Sciara advised that the right-of-way set aside in 1988 is now larger than is called for in the San Tomas Area Neighborhood Plan. Mr. Darryl Jones, Senior Planner, added that the STANP calls for the City to use the predominate street standards for that street. The area has been dedicated to the City but no physical improvements have been made to reflect the dedicated area. Commissioner Higgins also asked that staff ensure a correct map be prepared. Ms. Gloria Sciara assured the Commission that staff would have an appropriate map. Ms. Dawn Vadbunker, 1360 Burrows Road, addressed the Commission as follows: · Advised that the map on last page of report is correct. · Stated that the STANP covers street widths. Commissioner Alne asked about the $550 being charged to the applicant for the reduction in right-of-way. Planning Commission Minutes of September 26, 1995 Page 8 City Attorney William Seligmann responded that this does not represent a sales price but rather an administrative fee for processing. MOTION: On motion of Commissioner Kearns, seconded by Commissioner Higgins, the Planning Commission moved to dose the Public Hearing (5-0-2; Commissioners Lindstrom and Lowe were absent). MOTION: On motion of Commissioner Kearns, seconded by Commissioner Higgins, the Planning Commission adopted Resolution No. 2999 approving a Site and Architectural Application (S 95-12) to allow the construction of a new single-family residence on property located at 1282 Burrows Road, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Higgins, Jones, Keams, Meyer-Kennedy None Lindstrom, Lowe None This approval is effective in 10 days unless appealed in writing to the City Clerk. Chairwoman Meyer-Kennedy read Agenda Item No. 3 into the record. 3. M 95-06 (UP 68-15) Public Hearing to consider the application of Central Fire District to allow a Modification to a previously- approved Conditional Use Permit (UP 68-15) to allow the placement of a portable classroom building of approximately 1,900 square feet on property located at 485 W. Sunnyoaks Avenue in a PF (Public Facilities) Zoning District. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Central Fire District is seeking a modification to allow the placement of a portable classroom on the northern portion of the site. · Site currently contains a fire station and a training tower. · Site is surrounded by percolation ponds, residential properties and Sunnyoaks Avenue. · Site includes 15% building coverage, 13% of landscaping and 17% paving. · Staff is recommending the enlargement of landscaping area along the western property line to help screen and buffer the use from the adjoining residential properties. Plan includes three feet and staff is recommending 8 feet. Planning Commission Minutes of September 26, 1995 Page 9 · Staff recommends approval. Commissioner ^lne presented the Site and Architectural Review Committee report as follows: · SARC had no problem with the request and found staff's requirement for expanded planting area to be excessive. A 3-foot planter area was found to be reasonable by SARC. SARC recommends approval of request without any requirement to extend landscaping at the westerly property line. Didn't find it reasonable to have the applicant dig up the black top. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 3. Mr. A1 Morgan, Central Fire District. · Supports Commissioner Alne's recommendation. · Enlarging the planter area would restrict mobility on the site. · Mentioned that Conditions of Approval No. 6 (public right-of-way) and No. 9 (fire sprinklers) do not apply. They are exempt from the fire sprinkler requirement per the urgency ordinance adopted by City Council in September. Commissioner Alne asked if staff concurred with Mr. Morgan's statement and whether those conditions could be removed. Mr. Darryl Jones, Senior Planner, responded that staff concurred and they could be removed. MOTION: On motion of Commissioner Kearns, seconded by Commissioner Alne, the Planning Commission moved to dose the Public Hearing (5-0-2; Commissioners Lindstrom and Lowe were absent). MO~O~ On motion of Commissioner Higgins, seconded by Commissioner Alne, the Planning Commission adopted Resolution No. 3000 approving a Modification to a previously approved Conditional Use Permit (UP 68-15) to allow the placement of a portable classroom building on property located at 485 W. Sunnyoaks Avenue, with the removal of Conditions No. 6 and 9 and modification of Condition 3, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Higgins, Jones, Kearns, Meyer-Kennedy None Lindstrom, Lowe, None This approval is effective in 10 days unless appealed in writing to the City Clerk. Planning; Commission Minutes of September 26, 1995 Page 10 Chairwoman Meyer-Kennedy read Agenda Item No. 4 into the record. 4. S 95-15 Public Hearing to consider the application of BP Service Station to approve a Conditional Use Permit to allow 24-hour operational hours and off-sale beer and wine sales for an existing service station located at 1533 W. Campbell Avenue Mr. Darryl Jones, Senior Planner, presented the staff report as follows: · Applicant has asked that this item be continued to the next meeting. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 4. On motion of Commissioner Alne, seconded by Commissioner Kearns, the Planning Commission moved to continue the Public Hearing, to the Planning Commission meeting of October 10, 1995, (5-0-2; Commissioners Lindstrom and Lowe were absent). MISCELLANEOUS Chairwoman Meyer-Kennedy read Agenda Item No. 5 into the record. 5. SA 95-29 Hearing to consider of Joe Escobar Diamonds for approval of a Sign Application to allow a freestanding sign on property located at 450 E. Hamilton Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Applicant is seeking approval of a third sign for a commercial property located at the comer of Hamilton and Harrison Avenues. · A commercial building is currently under construction on this site, a two- story retail building. · Staff has approved two wall-mounted signs for a total of 45 square feet. · The Sign Ordinance allows two wall signs or one wall sign and one freestanding sign. · Staff feels that the applicant has not demonstrated circumstances to warrant this additional sign and recommends denial. Commissioner Alne presented the Site and Architectural Review Committee report as follows: · The Sign Ordinance clearly allows two signs for a corner property to identify the business on both streets. · The building design has an angle which allows both signs to be seen from Hamilton. Planning Commission Minutes of September 26, 1995 Page 11 A tree interrupts the view of the wall sign. SARC supports two signs, either the two wall signs approved by staff or one wall and one freestanding sign. Recommends allowing the applicant to select which combination of signs they would like to utilize. SARC is not supportive of three signs for this site. Chairwoman Meyer-Kennedy asked if anyone in the audience wished to address this matter. Mr. Vern Burgess, Otsen Signs, addressed the Commission as follows: · The two signs being used are being recycled from the old location. They are green. One sign will be obscured by a tree foliage within one year or so. Proposed sign is small, 8.5 feet high, and provides great visibility for traffic from Highway 17. The proposed sign would be an asset to the building and to the City. It has a nice design. It is not garish. It is small but adequate to be seen. It would be tastefully done and aesthetically more pleasing. Called it an "outdoor sculpture." Sign is constructed of text-coated sheet metal. Just the letters light up but not the rest of the sign. Soft color will blend in with the area. Lighting will be dim. The address will be included at the top of the sign. Chairwoman Meyer-Kennedy asked why bother placing a sign if it will be hidden. Mr. Burgess admitted that the sign will be visible when installed but that anticipated growth of trees would make the sign less visible within a year or so. Commissioner Alne stated that if the sign is discernable now, they don't need a monument sign at this time. Mr. Burgess admitted that was correct. Commissioner Alne asked if the wall sign that is expected to be hidden by future tree foliage would be removed in one year (approximately September 1996). Mr. Burgess deferred this decision to Mr. Escobar, the property and business owner. Commissioner Alne asked if the applicant were to change a wall sign to freestanding sign in one year's time, whether a fee would be charged. Mr. Tim Haley responded that a sign application fee of $120 would be charged. Planning Commission Minutes of September 26, 1995 Page 12 Commissioner Alne stated that for a nominal fee of $120, the applicant could take advantage of the wall signs for now and install a freestanding sign in one year after removing one wall sign. Mr. Joe Escobar, Owner, Joe Escobar Diamonds, addressed the Commission as follows: · Expressed concern regarding obstruction of his wall signs. · Mentioned that the City had required that he install 10 new trees, 5 along Hamilton and 5 along Harrison which will block his signs. · Advised that he is spending $2 million dollars to develop his new building. · He is interested in making a beautiful building and make himself and the City proud. · His business contributed $400,000 in taxes last year and he expects that number to increase. · He is spending several hundred dollars to revamp a light pole to help improve the appearance of the general area of his new building. Commissioner Kearns asked Mr. Escobar whether he had any interest in Commissioner Alne's suggestion to change the sign after one year when one wall sign's visibility will be questionable. Mr. Tim Haley advised the applicant and Commissioners of three potential options in this case: Take no action Continue this request for one year Issue of two signs can be dealt with at staff level if applicant chooses to change one wall sign to a freestanding sign. Commissioner Alne agreed that staff could deal with any request for two signs, whatever combination the applicant selects. Any future request for three signs would have to come back to the Planning Commission. Another alternative for the applicant is to have trees trimmed as they block his signs. Advised that the Commission was not anti-business and wished Mr. Escobar well at his new location. The City Council is very clear on the Sign Ordinance. Sign requests are handled on an even-handed basis. There is no rationale to allow three signs in this situation. MO~O~ On motion of Commissioner Kearns, seconded by Commissioner Higgins, the Planning Commission moved to deny the request by Joe Escobar Diamonds to allow a third sign on property located at 450 E. Hamilton Avenue (SA 95-29), (5-0-2; Commissioners Lindstrom and Lowe were absent). Planning Commission Minutes of September 26, 1995 Page 13 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was presented by Senior Planner, Darryl M. Jones, as follows: · Welcomed Mr. Brad Jones to his first Commission meeting. · Announced that a new Planner I has been hired to filled the position left vacant by the departure of Curtis Banks. Ms. Barbara Ryan began work on Monday, September 25, 1995. ADJOURNMENT The Planning Commission meeting adjourned at 9:05 p.m. to the next Planning Commission meeting of October 10, 1995, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: APPROVED BY: ATTEST: Corinne A. Shinn, Recording Secretary e Meyei'-K~en~dy, C~a~'w6 a /