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PC Min 03/24/1992 City. of Campbell Planning Commission Minutes City Council Chambers, 70 North First Street 7:30 P.M. MARCH 24, 1992 The Planning Commission of the City of Campbell convened this day in regular session, at 7:30 p.m., in the City Hall Council Chambers, 70 North First Street, Campbell, California, and the following proceedings were had to wit: ROLL CALL Commissioners Present: Chairperson David Fox Vice Chairperson I. (Bud) Alne Commissioner Robert Dougherty Commissioner Jay Perrine Commissioner Alana Higgins Commissioner Jane Meyer-Kennedy Commissioner Mark Wilkinson (arrived at 8:35 p.m.) Commissioners Absent: None Staft Present: Director of Planning, Steve Piasecki Associate Planner, Tim J. Haley Planner I, Curtis Banks City Attorney, Bill Seligmann City Engineer, Joan Bollier Reporting Secretary, Karon Shaban APPROVAL OF THE MINUTES On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Higgins, the March 10, 1992, minutes of the Planning Commission, were approved as submitted. (6-0-1 ), Commissioner Wilkinson was absent for the vote. COMMUNICATIONS Director of Planning, Steve Piasecki, noted the additional items of communications received by the Planning Department that were not included in the Commission Packets, as follows: Planning Commission Minutes of March 24, 1992 1 [] Letter from Mr. Steve Salvador, requesting a continuance of Item No. 3, due to a death in his family. Letter from Mr. Robert Nicholas, requesting additional Conditions of Approval for Item No. 4. [] Letter from Mr. David Ribble, in opposition to Item No. 5. C1 Letter from Robert B. Hicks, Greylands Properties, in opposition to Item No. 5. c3 Insert to Item No. 1 [] Information from the Redevelopment Agency relating to the Redevelopment Plan Expansion. AGENDA MODIFICATIONS OR POSTPONEMENTS Item Nos. 3 and 4 were moved forward. PUBLIC HEARINGS 3. GP 92-01/ ZC 92-01 City-Initiated Public Hearing to consider the City-Initiated application to allow an amendment to the Land Use Element of the General Plan, and approving the prezoning of properties located at 271 and 295 North San Tomas Aquino Road to R-1- 6 (Single-Family Residential/Low-Density Residential, less than 6 units per gross acre). Chairperson Fox read the application into the record noting the communication received from Mr. Steve Salvador, requesting a continuance. The Public Hearing was opened. No one wished to speak. MOTION: On motion of Commissioner Alne, seconded by Commissioner Higgins, it was unanimously ordered that the public hearing be continued to the next regular Planning Commission meeting of April 14, 1992. (6- 0-1) Commissioner Wilkinson was absent for the vote. ZC 92-02/ PM 92-01/ PD 92-01 Pak, C. Public Hearing to consider the application of Mr. Chan- Yong Pak, for approval of a Zone Change from R-M-S (Multi-Family Residential) to PD (Planned Development); approval of a Tentative Parcel Map creating two parcels; and approval of a Planned Development Permit to allow the construction of a new dwelling unit on property located at 346 North Central Avenue in a R-M-S (Multi-Family Residential) Zoning District. Chairperson Fox read the application into the record. Commissioner Alne presented the Site and Architectural Report of March 16, 1992, noting the Committee's concern regarding several deficiencies in the project. Planning Commission Minutes of March 24, 1992 2 Commissioner Alne queried whether the project should be continued until April 28, 1992. Mr. Tim J. Haley, Associate Planner, informed the Commission that the Planning Staff is recommending a continuance in order to provide the applicant with suffi- cient time to resubmit plans addressing these concerns; and, that a continuance until the April 14, 1992, regular Planning Commission Meeting. Chairperson Fox opened the public hearing. Mr. Robert Nicholas, P.O. Box 112272, Campbell, 95011, drew attention to the letter he submitted to the Planning Department on March 20, 1992, stating that if the item is continued, as recommended, he will return to address his concerns at the next meeting. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Higgins, it was unanimously ordered that the public hearing be continued to the next regular Planning Commission meeting of April 14, 1992. (6- 0-1) Commissioner Wilkinson was absent for the vote. ORAL REQUESTS This is the point on the agenda where members of the public may address the Com- mission on unagendized items of concern to the Community. People may speak up to 5 minutes on any matter concerning the Commission. Mr. Otto Wippich, 177 North Third Street, requested information regarding the City's fence ordinance, specifically as it relates to heights for front yards. He ex- pressed concern that his request for a stone fence in his front yard located on Third Street was denied by the Planning Director, while the current Chairperson of the Planning Commission was allowed to construct a fence in the front yard of his residence also located on Third Street in excess of 42 inches. Vice Chairperson Alne suggested that staff investigate concerns raised by Mr. Wippich. ~;PECIAL REPORTS 1. Review Lee, Barbara Review of the City of Campbell's 1992-99 Capital Improvement Plan (CIP). Barbara Lee, Assistant to the City Manager, summarized the Capital Improvement Plan, as follows: · Recommended action by the Planning Commission that City Council grant a Negative Declaration for the Environmental Impact; and find the proposed CIPconsistent with the General Plan. · Forward this recommendation to the City Council for its April 7, 1992, meeting. Planning Commission Minutes of March 24, 1992 3 Noted that the proposed CIP is a 7-year plan requiring budget appropriation for the first two years for specified projects. Several streets, parks and open space, and public facility projects remain unfunded. Additions to the CIP include improvement or renovation of projects costing $25,000 or more, capital equipment items costing over $25,000, and project studies costing over $25,000. List of Assumptions used by the Finance Department to develop the CIP Expansion cash flow model. Commissioner Meyer-Kennedy asked if allocations were made to improve the parking in the downtown area, and asked if temporary parking structures are being considered. Chairperson Fox echoed concern that available parking for the downtown area is inadequate and that funding appropriations are not found in the CIP until 1998/99. Ms. Lee informed the Commission that the major improvements to the downtown area are included in the current budget, that the funding listed in the '93 Budget is for additional signage; and that temporary parking will be provided during the downtown streetscape construction. Director of Planning, Mr. Steve Piasecki, suggested that Robert Kass, the Director of Redevelopment, explain the Redevelopment Plan. Commissioner Dougherty was uncomfortable with receiving the amount of informa- tion contained in the CIP late Friday afternoon and being expected to respond by Tuesday. Further, he asked if the CIP Committee analyzed the use of capital expen- ditures to increase revenues for unfunded projects. Commissioner Alne expressed concern about interim parking in the downtown and maintenance of existing parks and streets. In response, Ms. Lee noted that much of the major project funds will be designated for maintenance, however, there is an estimated shortfall of over a million dollars. She stated that the Commission's con- cerns will be forwarded to the City Council. Ms. Joan Bollier, City Engineer, discussed the shortfall within the Public Works Department. Commissioner Dougherty requested that the Council be apprised of the Commission's concern that the timing of the parking improvements in the down- town development area would result in an increase of retail office space vs. commercial uses. MOTION: On motion of Commissioner Alne, seconded by Planning Commission Minutes of March 24, 1992 4 Commissioner Perrine, it was unanimously approved to recommend that the City Council adopt a Negative Declaration and find that the CIP is consistent with the General Plan. (6-0-1) Commissioner Wilkinson being absent for the vote. pUBLIC HEARINGS 2. GP 91-06/ Public Hearing to consider the application of Mr. Brad ZC 91-04 Krouskup on behalf of Campbell-Gateway Square, Ltd., for Krouskup, B. approval of an Amendment to the Land Use Element of the General Plan from Public/Semi-Public to Commercial, and, approval of a Zone Change from PF (Public Facilities) to C-2-S (General Commercial) or other Zoning District consistent with the General Plan Designation as deemed appropriate by the City Council, for properties located at 10-70 East Hamilton Avenue and 1620-1690 South Winchester Boulevard. Chairperson Fox read the application into the record. Commissioner Wilkinson arrived at 8:35 p.m. Mr. Tim J. Haley, Associate Planner, presented the staff report noting the following: · The applicant's request. · Location of the project. · Current development on the site. · Staff is recommending that the zoning be changed to C-1-S (Neighborhood Commercial) rather than C-2-S (General Commercial), as requested by the applicant, because of the site's proximity to residential developments; and, that the C-2 S zoning would allow auto car washes, drive-through restaurants, and developments of up to six stories or 75 feet in height. · Additionally, Staff recommended a General Plan Change from Public/Semi Public to Commercial and the adoption of three policies relative to the site, 1) restrict circulation access to and from the site, along Esther Avenue frontage, 2) that building frontages face the corner of Winchester Boulevard or Hamilton Avenue, since the area has been identified as the Major Gateway into the City; and, 3) that buildings respect the character of the adjacent neighborhood by providing sufficient buffers and similar building heights as the residential properties adjoining the project site. · The applicant has provided a traffic analysis identifying no significant impacts in traffic patterns. · The staff recommends that the Commission recommend that the City grant a Negative Declaration, adopt a resolution approving the General Plan Amendment, and adopt a resolution approving the Zone Change from Public Facilities to C-1-S in the northern portion, and from C-2-S to C-1-S on the southerly portion of the site. Discussion ensued between the Commission and Staff relating to the applicant's request for C-2-S and Staff's recommendation for C-l-S, currently existing on the Planning Commission Minutes of March 24, 1992 5 project site, access to the site, and potential use of the PD (Planned Development) Zoning District. Commissioner Dougherty raised the issue that since the Community Design Study concluded that this area be designated as the Gateway to the City, buildings constructed there should be architecturally prominent; that a PD Zoning Designation would require City Council approval and that C-1-S Zoning Designation would require only Site and Architectural Review with approval by the Commission. Commissioner Alne asked why the General Plan was approved designating the property as C-2 -S when there is a residential building on the site. Mr. Haley responded that all properties facing Winchester Boulevard are zoned C-2-S. Comments were received from the Commission about the potential of having to rezone the property again at a later date. Chairperson Fox expressed concern regarding whether the Commission should limit itself with respect to building height in an area designated for the Campbell Gateway. Mr. Haley pointed out the differences between a C-l-S, a C-2-S and PD zoning, noting that the major difference would be the timeline for the applicant. Chairperson Fox opened the public hearing. Public Comment: Mr. Don Anderson, 431 Esther Avenue, Campbell, spoke in opposition of the project, expressing concern about traffic, noise, and decrease in property values. Further, he alleged that someone has been living in the house located on the site. Mr. Cary Fox, representing O'Connor Hospital and Campbell Gateway Square, 2105 Forest Avenue, San Jose, spoke in support of the project, providing a brief history of the site. He informed the audience that the project will be an enhancement to the City providing health services to the community by the use of combined medical office/retail and possibly professional offices in the future. Commissioner Alne asked Mr. Fox to comment on the zoning issues discussed above. Mr. Fox deferred comments to Mr. Brad Krouskup, the applicant. Mr. Brad Krouskup, one of the general partners of Campbell Gateway Square, Ltd., spoke about the preferred zoning. He stated that any zoning that would allow medical office retail and potential professional space at the location is favorable. He noted that meetings had been conducted with the neighboring property owners to obtain input regarding the types of buildings desired. Further, Mr. Krouskup Planning Commission Minutes of March 24, 1992 6 requested assurance from Staff that a professional office/medical space would be allowed under the C-1-S Zoning Designation. Staff provided a positive response. Commissioner Wilkinson asked if recommended site circulation was a problem, and Mr. Krouskup responded that it was not. He stated that he has been working with the Planning Department Staff for over a year to come up with solutions to concerns of adjoining neighbors. Mrs. Norma Brown, 458 Esther Avenue, spoke in support of the project, and noted that her concern would be resolved if the Commission does not allow access on Esther Avenue. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Meyer-Kennedy, it was unanimously ordered that the Public Hearing be closed. Commission Discussion: Commissioner Dougherty voiced his concerns that if the site were designated as PD, the applicant would face further time constraints, potential impact to the neighbor- ing properties, and access along Esther Avenue. Commissioner Alne expressed concern that the City's goal of providing a Gateway at this intersection is contradictory to the City's intent to maintain existing neighbor- hoods. He noted that he will support the C-l-S, since it reflects the best compro- mise between the City's goals. Chairperson Fox was also supportive of the C-1-S zoning as recommended by Staff, with adoption of the recommended policies as set forth by Mr. Haley. Commissioners Meyer-Kennedy, Higgins, Wilkinson and Perrine concurred. MOTION: On motion of Commissioner Alne, seconded by Commissioner Dougherty, it was unanimously ordered that a recommendation be forwarded to the City Council to grant a Negative Declara- tion; that Resolution No. 2788, be adopted, incorporating the findings recom- mending that the City Council amend the Land Use Element of the General Plan from Public/Semi-Public to Commercial for this property; that Resolution No. 2789, be adopted recommending that City Council approve a Zone Change from PF (Public Facilities) to C-1-S (Neighborhood Commercial) on the northerly por- tion of the site and approve a Zone Change from C-2-S (General Commercial) to C-1-S (Neighborhood Commercial) on the southerly portion of the site; and, incor- porating policies recommended by Staff, by the following roll call vote: Planning Commission Minutes of March 24, 1992 7 AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Perrine, Dougherty, Meyer-Kennedy, Higgins, Wilkinson, Alne, Fox None None Mr. Deke Hunter, Hunter Properties, was appreciative of the Commission's deci- sion, noting that every effort will be directed to providing an architecturally pleasing building. Chairperson Fox recessed the meeting at 9:07 p.m., and the meeting reconvened at 9:15 p.m., with all Commissioners and Staff members present. R 92-02 (TS 90-04) Dowd, E. Public Hearing to consider the request of Mr. Edward Dowd for an extension of a Tentative Subdivision Map approval to allow the creation of 32 townhomes on properties located at 63- 190 Page Street and 56-70 Foote Avenue, in a PD (Planned Development/Low-Medium Density Residential) Zoning District. Chairperson Fox read the application into the record. Mr. Tim J. Haley, Associate Planner, presented the staff report noting the following: · Applicant's request. · Since the Planning Commission has extended the PD permit for the property, staff is supportive of extending the Tentative Subdivision map for one year to concide with the PD approval. · Two items of communication presented to the Commission. Commissioner Alne discussed the two items of communication, specifically he was interested in comments transmitted from Mr. Robert Hicks concerning toxic con- tamination, traffic and lack of overall planning. Mr. Haley stated that Staff is not aware of any toxic contamination on the site. Commissioner Alne provided comments from the Site and Architectural Review Committee meeting of March 16, 1992, supporting the applicant's request since, there were no changes to the previously approved project. Chairperson Fox opened the public hearing. Public Comment: Mr. Robert Alviles, Jr., 16156 Loretta Lane, Los Gatos, representing Mr. Hicks, noted Planning Commission Minutes of March 24, 1992 8 concerns regarding, (1) toxins which stems from a transmittal received from the City Attorney's Office stating that the cleanup of toxic contamination at the site would be the responsibility of the property owners; (2) unmitigated traffic; and, (3) non- comprehensive planning. Mr. William Seligmann, City Attorney, explained that there is no solid evidence of toxic contamination on the site, and that the liability for clean-up as normal proce- dure. Commissioner Alne asked if there had been uses at the site since itsapproval, and Mr. Seligmann stated that there had not been. In response to Commissioner Alne, Mr. Seligmann stated that the Environmental Impact Report reviews whether or not the proposed use would add to contamina- tion of the site. He stated that we had no such information. Planning Director, Steve Piasecki, discussed the background of the site, noting that previous uses were industrial in nature, consist of abandoned buildings. Mr. Alviles, stated that neighbors are aware of toxic material uses on the site. Commissioner Alne asked if there was substantiated proof that toxins exist, and Mr. Alviles stated that there was not. In response to Commissioner Alne's comment that a traffic analysis was done, Mr. Alviles stated that the traffic analysis was out of date, and superficial. Further, Mr. Alviles indicated that staff had not anylized the traffic impacts accurately. Ms. Carrie Williams, neighboring property owner, spoke in support of extending the subdivision map, pointing out the existence of community support for the project, and noting that the toxins being questioned amounted to a small volume of old paint stored in the abandoned buildings. She hoped that Foote Street could remain open. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Meyer-Kennedy, it was unanimously ordered that the Public Hearing be closed. Mr. Seligmann commented that relative to the closing of Foote Street, the area between Foote Street and E1 Patio Drive, was never a public street. Commissioner Alne could not give credence comments received from Mr. Hicks' (letter), since no evidence was presented to support his concerns. MOTION: On motion of Commissioner Wilkinson, seconded by Planning Commission Minutes of March 24, 1992 9 Commissioner Meyer-Kennedy, it was unanimously ordered Resolution No. 2790 be adopted, recommending that the City Council approved the extension of the Tentative Subdivision Map until January 16, 1993, incorpo- rating the findings, and subject to Conditions of Approval, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Perrine, Dougherty, Meyer-Kennedy, Higgins, Wilkinson, Alne, Fox None None MISCELLANEOUS 6. Staff Report Revisions to the Development Review Process. Mr. Curtis Banks, Planner I, presented the report regarding modifications to the development review process. The item was first discussed at the February 25, 1992, in response to a memo from Cahirperson Fox. · The modifications requested by the Commission can be done through minor alterations to the zoning ordinances and administrative policies. · Staff is requeting additional input from the Commission on two of the proposed modifications: 1. Renewal and extensions of Site and Archiotectural Permits. 2. Additions to legal non-conforming residential buildings. · Transferring authority to SARC for renewals or extensions of Site and Architectural Approvals would require modifying the Campbell Municipal Code to eliminate the need for a Public Hearing. · Staff recommends that additions to legal non-conforming residential buildings be permitted as a right rather than requireing SARC approval. · Staff also recommends that minor modifications be made top several other ordinances to clarify and streamline the development review process. The recommended modifications area as follows: 1. Clarify review of permitted uses in commercial zones. 2. Streamline the approval process for modifications to the sideyard setback requirement for second story additions to single-family homes. 3. Expedite the approval process for objections to fence modifications. Further, Mr. Banks presented a implementation time line for Commission consideration, and asked the Commission to direct staff to seek approval from the City Council to authorize preparation of the text amendments. Chairperson Fox expressed his reluctance to eliminate public hearings for Planned Development Permits. Discussion ensued between Commissioner Dougherty and Chairperson Fox relating Planning Commission Minutes of March 24, 1992 10 to the number of extensions that could be allowed. Commissioner Dougherty suggested limiting the times a Site and Architectural approval could be extended by the Committee, in order to prevent project approvals to continue indefinitely. Mr. Haley responded to the Chair's request, stating that although there are limits to the number of times a subdivision approval could be extended, that Site approval could be continued year after year. Chairperson Fox stated that if Staff had concerns about a project that the project would b~ referred to the full Commission, and if the applicant had a problem with the Committee's decision that the applicant could express his concerns to the full Commission. The applicant would retain a right to appeal to the next higher authority. Chairperson Fox recommended that additions to non-conforming legal buildings not be allowed, if it increased the amount of non-conformity. Commissioner Dougherty indicated that he would prefer that only minor modifications of non-conforming structures be defined as a right of the proeprty owner. REPORT OF THE PLANNING DIRECTOR The Director's report was accepted. ADJOURNMENT Adjourned at 10:00 p.m., to the next regularly scheduled Planning Commission meeting of April 14, 1992, at 7:30 p.m., in the City Council Chambers, 70 North First Street, Campbell, California. Respectfully Submitted by: APPROVED: · "-- Reporting Secretary ATTEST: Steve Piasecki Secretary Planning Commission Minutes of March 24, 1992