PC Min 05/12/1992City of Campbell
Planning Commission
Minutes
City Council Chambers, 70 North First Street
7:30 P.M.
MAY 12, 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
Commissioner Jay Perrine
Commissioner Robert Dougherty
Commissioner Jane Meyer-Kennedy
Commissioner Alana Higgins
Commissioners Absent:
Vice Chairperson I. (Bud) Alne (excused)
Commissioner Mark Wilkinson
Staff Present:
Director of Planning, Steve Piasecki
Associate Planner, Tim J. Haley
City Attorney, Bill Seligmann
City Engineer, Joan Bollier
Reporting Secretary, Karon Shaban
APPROVAL OF THE MINUTES
On motion of Commissioner Dougherty, seconded by Commissioner Meyer-Kennedy, the
April 28, 1992, minutes of the Planning Commission were approved as submitted. (3-0-2-2),
Commissioners Dougherty and Perrine abstaining, and Commissioners Wilkinson and Alne
being absent.
COMMUNICATIONS
Director of Planning, Steve Piasecki, noted three additional items of communications received by
the Planning Department that were not included in the Commission Packets, as follows:
Letter from Brad Krouskup relating to Item No. 2.
Newspaper article relating to a new business establishment within the City.
Planning Commission Minutes of May 12, 1992 1
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no modifications or postponements.
ORAL REQUESTS
There were no oral requests.
PUBLIC HEARINGS
1. ZC 92-02/ Continued Public Hearing to consider the application of
PM 92-01/ Mr. Chan-Yong Pak, for approval of a Zone Change from
PD 92-01 R-M-S (Multi-Family Residential) to PD (Planned
Pak, C. 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.
Mr. Tim J. Haley, Associate Planner, presented the staff report noting the
following:
· Applicant's request for removal of the front unit and replacement with the
two-story dwelling proposed.
· Total square footage of both units.
· The rear unit is a manufactured home.
· The proposal is consistent with the General Plan designation and would be
developed at the lower end of the density range.
· The applicant is requesting a subdivision to allow the two dwelling units to be
sold separately.
· Staff is comfortable with the parking available.
· Twenty-four percent of the site is proposed for landscaping.
· The staff recommends that the Commission adopt resolutions
recommending City Council approval, and asks that a landscape plan be
submitted per the Conditions of Approval.
Commissioner Dougherty discussed the May 4, 1992, meeting of the Site and
Architectural Review Committee. He noted that alignment of the building, and
the on-site parking; however, the applicant has addressed these concerns, and the
Committee is recommending approval.
Chairperson Fox asked where the property line was to be placed and Mr. Haley
Planning Commission Minutes of May 12, 1992 2
answered that the property line was to be placed along the southerly elevation
adjacent to the common driveway.
Chairperson Fox opened the public hearing.
Public Comment:
Mr. Kurt Anderson, Andarch and Associates, 380 Industrial Street, addressed the
Commission using the plans on display and making the following suggestions:
· That the property line be adjusted three feet to the left of the building in
order to conform to Building Codes relating to light and ventilation.
· Addition of trees along the rear property line to provide screening between
neighbors.
Mr. Robert Nicholas, P.O. Box 112272, Campbell, California, 95011, asked if the
windows in the rear dwelling unit were located high enough to prevent
residents from viewing the adjoining neighbor's rear yard, and asked also
what the building height was from the street level.
Chairperson Fox explained that the building height was not measured from
street level, and asked Mr. Anderson to respond to Mr. Nicholas.
Mr. Anderson indicated that residents of the rear dwelling could see out of
the master bedroom window.
Mr. Nicholas was concerned about the number of windows proposed on the
new structure. Mr. Anderson noted that there is one window in each
bedroom and one window in the bathroom.
Mr. Haley pointed out that the distance between the rear window of the new
dwelling and the neighbor's line of vision is approximately 60 feet, and that
since there is an existing rear unit, it would be difficult for someone in the
proposed new dwelling to see into the rear yard of the neighbor.
Mr. Anderson added that if trees were planted along the rear property line as
mentioned earlier, that the concern would be eliminated.
Mr. Nicholas indicated the location of his yard, and asked if someone could
see into his yard from the third bedroom window. Mr. Anderson suggested
addition of a 24 inch box tree in front of the third bedroom window, could
resolve that concern as well.
Mr. Dan Stephanie, 341 Harrison Avenue, expressed concern relating to new
developments occuring over the past several years, with regard to increased
Planning Commission Minutes of May 12, 1992 3
height of new structures. He indicated that the manufactured home was
unsightly, and supported the suggestions made by Mr. Anderson to place trees
along the property line.
Mr. Nicholas pointed out that:
· Newly developed structures do not integrate well with the existing
homes.
· Newly constructed homes should vary in design, that the proposed
structure should have a gentler sloped roof element.
· Homes of the proposed size should be located on larger lots.
· Supported the suggestion to plant trees along the property line and
outside the third bedroom window. However, cautioned against
planting trees that could drop bark, leaves, etc., into the neighbor's yard.
· The proposed home has too many windows.
· Asked that new construction abutting single-story homes be single-story
as well.
· Asked that dust be controlled during the demolition and construction
phase of the project.
MOTION:
On motion of Commissioner Dougherty, seconded by
Commissioner Meyer-Kennedy, it was unanimously
ordered that the Public Hearing be closed.
MOTION:
On motion of Commissioner Perrine, seconded by
Commissioner Meyer-Kennedy, it was unanimously
ordered that Resolution No. 2799 be adopted
recommending approval of ZC 92-02, that Resolution No.
2800 be adopted recommending approval of PM 92-01;
and, that Resolution No. 2801 be adopted recommending
approval of PD 92-01, incorporating the recommended
findings, and subject to the Conditions of Approval, as
amended: 1) addition of trees along the rear property
line, with one tree being planted outside the number 3
bedroom, and 2) adjusting the property line 3 feet so that
the lot split does not occur against the building. The
amended landscape plan and property line adjustment
are to be submitted to Staff for approval. The motion was
approved by the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Perrine, Dougherty, Meyer-Kennedy,
I-Iiggins, Fox
None
Wilkinson, Alne.
Planning Commission Minutes of May 12, 1992 4
MISCELLANEOUS
2. Planning
Staff
Planning Commission determination regarding the
establishment of medical or dental clinics and laboratories
as a permitted use in the C-1-S (Neighborhood
Commercial) Zoning District, pursuant to Section
21.59.070.
Chairperson Fox read the item into the record.
Mr. Steve Piasecki,
following:
Director of Planning, presented the staff report outlining the
Referral to staff by the Commission for definition of the C-1-S zoning.
Purpose of the C-1-S zoning.
Staff suggestions relating to appropriate findings would be that medical uses
do not exceed 50 percent of the gross building area within the development
or center, urgent care clinics should require use permits, medical
laboratories must be incidental or supportive to the medical uses within the
development and not exceed 50 percent of the allowed medical office use.
The staff has concerns that urgent care uses could be objectionable to a
residential community due to increases in traffic, noise, parking, storage of
hazardous chemicals and extended hours of operation.
No details have been provided to Staff regarding the applicant's intent.
Staff has concerns with the idea of using percentages of the patient
population as a basis to define incidental use.
Staff recommends adoption of a resolution that would limit medical uses
within a C-l-S Zoning District.
Commission Discussion
Commissioner Dougherty expressed confusion as to the necessity of defining the
C-1 Zoning Ordinance specifically for this project since to do so would affect all C-
1 zoning designations within the City.
Mr. Piasecki pointed out that the purpose would only be to clarify those uses
which are not well defined in the current ordinance.
Commissioner Dougherty queried over varied definitions of "clinical care
facilities," and discussion ensued between Staff and Commissioners relating to
urgent care vs. clinical and/or medical care.
Commissioner Meyer-Kennedy was concerned that urgent care implies
ambulances, paramedics, and fire trucks coming to and going from the site.
Chairperson Fox asked if anyone from the public would like to address the
Commission.
Planning Commission Minutes of May 12, 1992 5
Public Comment:
Mr. Brad Krouskup, General Partner, Campbell Gateway Square, Ltd., offered an
explanation relative to the request for clarification of the C-1 Zoning Designation.
The request was prompted by the need to solicit tenants for the medical center.
Mr. Krouskup noted that originally the application was for a C-2 zoning
designation, and because Staff recommended a C-1 zone. Campbell Gateway was
not opposed, since it was told that the Staff was concerned about limiting building
height and landscaping.
Further, Mr. Krouskup noted that no ambulances, fire trucks or paramedic
services would be provided; that only medical groups would be using the facilities;
that laboratory facilities would be limited to supportive services for the medical
groups; that tenants would be interested in extended hours of operation to 10:00
p.m.; and, that Campbell Gateway Square, would prefer that urgent care be
allowed for 35 percent of the total patient population.
Mr. Cary Fox, O'Connor Hospital Representative, addressed the Commission
stating that O'Connor Hospital is interested in retaining its presence in the
Community; that only minor urgent care would be provided. He drew attention
to Attachment 6 of the Staff Report, noting the percentages of "urgent care"
provided by the largest urgent care medical clinics in Santa Clara County. A large
percentage includes those patients that walk-in, having no appointment.
Commission Comment:
Commissioner Dougherty expressed concern about the type of sign that could
implicate the medical facility as urgent care center. He would be supportive of a
sign program listing doctors and suite numbers only.
Mr. Brad Krouskup noted that a sign program would be submitted, and indicated
that the type of sign in which Commissioner Dougherty would support is what
the the applicant is interested in pursuing.
Commissioner Dougherty stated that he would prefer that the requirement for a
use permit in C-1 Zoning Districts be retained.
Chairperson Fox asked why urgent care was not discussed prior to this time. In
response, Mr. Krouskup explained that the issue never came up until the Planning
Staff recommended to the Commission that a portion of the site be zoned C-1.
He reminded the Commission that originally the request was for C-2 zone, that
the C-1 use was agreed to because the reasoning behind the recommendation was
that the C-1 Zone would limit building height and provide better landscaping on
the site. He stated that the partnership did not realize that a C-1 zoning
designation would limit the intended use until well after the action was taken.
Chairperson Fox asked about the number of physicians and the amount of staff
that is anticipated. Mr. Cary Fox responded that approximately 20 physicians and
40 staff personnel is anticipated to occupy the medical offices.
Planning Commission Minutes of May 12, 1992 6
Chairperson Fox expressed a concern that this would suggest a large number of
patients and Mr. Cary Fox pointed out that only half the site would be designated
for medical office use with 30 percent of the doctors providing primary care, and
80 percent of the physicians providing family services to the community.
Further, he stated that major injuries that occur require hospital care and not that
of a clinic.
Chairperson Fox was supportive of theuse described, noting that there would
probably be more people going to Walgreens than to the clinic.
Commissioner Dougherty and Chairperson Fox deliberated about whether the
current ordinance should be changed. Commissioner Dougherty opposing any
changes to the current ordinance, and Chairperson Fox explaining the need to
clarify permitted uses within the C-1 Zone.
Commissioner Higgins asked Staff about the recommendation to change the
current ordinance, and Mr. Piasecki stated that the necessity of clarifying the use is
to prevent modification by future owners.
In an effort to resolve concerns expressed by Commissioners and mitigate
problems outlined by the applicants, Mr. Piasecki suggested that this applicant file
a generic use permit for the whole site.
The Commission decided it would be in the best interest of the City to require the
applicant to file a Conditional Use Permit, and the applicant agreed.
Mr. Tim Haley, Associate Planner, clarified advantages to the applicant, and the
City, noting that since the permit would be generic for the building, potential
tenants would not have to go through the use permit process, there would be a
public hearing allowing nearby residents to comment on the proposed use, and
the use would be defined for future owners.
Director Piasecki, added tthat by going through the use permit process, parking
demands could be identified.
MOTION:
On motion of Commissioner Perrine, seconded by
Commissioner Meyer-Kennedy, Resolution No. 2802
was unanimously adopted, Incorporating the attached
findings, determining that medical clinics and
incidental supportive laboratories are permitted as
administrative offices within the C-I-S Zoning District
if they constitute an incidental use (less than 50
percent) of the center. The resolution interprets
urgent or emergency care clinics as continuing to
require a Use Permit.
Planning Commission Minutes of May 12, 1992 7
o
Planning
Commission
Consider cancellation of the regularly scheduled
Planning Commission meeting of May 26, 1992, due to
lack of application items.
MOTION:
On motion of Commissioner Meyer-Kennedy,
seconded by Commissioner Higgins, it was
unanimously ordered that the regularly scheduled
Plallning Commission meeting of May 26, 1992, be
canceled.
REPORT OF THE PLANNING DIRECTOR
Steve Piasecki, Director of Planning noted that the Annual Historic Preservation
Tea would be held Wednesday, May 13, 1992, from 4:00 p.m. until 6:00 p.m.,
across the street from City Hall in the newly remodelled "Bull House."
Mr. Piasecki mentioned that a report will be presented to the Commission, at the
next regularly scheduled Planning Commission meeting of June 9th regarding the
Department's budget and work program objectives for the next fiscal year.
In addition, Mr. Piasecki reminded the Chair that two appointments need to be
made for the newly formed advisory board which convene to discuss the
replanting of Highway 17.
Chairperson Fox asked about the meeting frequency, times and location and then
appointed Commissioner Higgins and himself to serve on the board.
The oral and written report of the Planning Director was accepted.
ADJOURNMENT
Adjourned at 9:10 p.m., to the next regularly scheduled Planning Commission
meeting of June 9, 1992, at 7:30 p.m., in the City Council Chambers, 70 North First
Street, Campbell, California.
APPROVED:
Respectfully Submitted by:
Reporting Secretary
ATFEST: Steve Piasecki
SECRETARY
Planning Commission Minutes of May 12, 1992 8