GP/ZC - 1998Novemb.,er ~18, 1998
CITY OF CAMPBELL
City Clerk's Office
Dennis Wong and Dora Ng
14525 S. Bascom Avenue
Los Gatos, CA 95032
Dear Dennis Wong and Dora Ng:
At the regular meeting of November 17, 1998, the City Council adopted Ordinance No. 1975
amending the Land Use Element of the General Plan changing the land use designation of
property located at 14419 S. Bascom Avenue from High Density Residential to Professional
Office and amending the official Zoning Map designation from R-3 (Multi-Family Residential)
to PO (Professional Office). This Ordinance will become effective 30 days from the date of
adoption. Please find a certified copy of Ordinance 1975 attached for your records.
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Sharon Fierro, Senior Planner.
Sincerely,
City Clerk
Enc.
CC. Hobbie Bresnahan, AM Star Developments Ltd., 1265 S. Bacom Avenue, Ste. 209
San Jose, CA 95128
~Sh'iS'ron Fierro, Senior Planner
70 North First Street . Campbell, California 95008.1423 - TEL 408.866.2117 · F^X 408.374.6889 - TDD 408.866.2790
November 4, 1998
CITY OF CAMPBELL
City Clerk's Office
Dennis Wong and Dora Ng
14525 S. Bascom Avenue
Los Gatos, CA 95032
Dear Dennis Wong and Dora Ng:
At the regular meeting of November 2, 1998, the City Council held a public hearing to
consider an amendment to the General Plan Land Use Map for property located at 14419 South
Bascom Avenue.
Following due discussion and consideration, the City Council introduced Ordinance No. 1975,
amending the Land Use Element of the General Plan changing the Land Use Designation of
property located at 14429 South Bascom Avenue from high density residential to professional
office and amending the official Zoning Map designation from R-3 (Multi-Family Residential)
to PO (Professional Office). This Ordinance will be adopted at the regular City Council
meeting of November 17, 1998 and a certified copy of the document will be forwarded to you
at that time.
Please do not hesitate to contact this office (866-2117) or Sharon Fierro, Senior Planner,
should you have any questions in regard to the City Council's action.
Sincerely,
City Clerk
cc. Hobbie Bresnahan, AM Star Developments, Ltd., 1265 S. Bascom Avenue//209, San
Jose, CA 95128
Sharon Fierro, Senior Planner
70 North First Street · Campbell, California 95008.1423 - TEL 408.866.2117 · F^X 408.374.6889 . TDD 408.866.2790
ORDINANCE NO 1975
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMMENDING THE LAND USE ELEMENT OF THE
GENERAL PLAN CHANGING THE LAND USE DESIGNATION OF
PROPERTY LOCATED AT 14419 S. BASCOM AVENUE FROM HIGH
DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE AND
'~NDING THE OFFICIAL ZONING MAP DESIGNATION FROM R-
3 (MULTI-FAMILY RESIDENTAL) TO PO (PROFESSIONAL
OFFICE). APPLICATION OF DR. DENNIS WONG. FILE NO. GP 98-
02/ZC 98-03.
The City Council of the City Campbell does ordain as follows:
SECTION ONE: That the Land Use Element of the General Plan of the City of Campbell,
together with the amendments thereto, is hereby changed and amended as per Exhibit A, attached
hereto.
SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published once within fiReen (15) daysupon passage and adoption in a
newspaper of general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 17th day of November ., 1998, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COUNCILMEMBERS: Conant,
COUNCILMEMBERS: None
COUNCILMEMBERS: Dean
COUNCILMEMBERS: None
Furtado, Dougherty, Watson
APPROVED BY:
ette '~atson, Mayor
THE FOREGOUqG iNSTR'dt&ENT IS A TRUE
AND CORRECT OOPY OF THE ORIGINAL
ON FILE IN THIS OFFICE,
A~GT: ANNE BYBEE, ciTY OLERK, CITY
OF AMPBELL, CALI~O~I~ ~
Exhibit A
14419 South Bascom Avenue
....:....&..'
'.. PCL. I
. ----J,- sOUTH c----~r---=--- BASCOM -- ~
/
Amend the General Plan
Land Use Map from
High Density Residential to
Professional Office
AVE.-- - --~___- -- ,,, --
~/55 ~000 ~O.S 141/12
%
IAmend the Zoning Map from ]
R-3, Multiple Family Residential[
to P-O, Professional Office I
Location 1
Property and Ownership Information
Dennis Wong and Dora Ng
14419 S. Bascom Avenue (414-44-005)
Lot Area: .29 net acres (.30+ gross acres)
Existing General Plan designation:
Existing Zoning designation:
Adjacent land uses:
Current Use of the gite:
Land Use Information
High Density Residential (21 to 27 units per gross acre)
Multiple Family Residential (R-3)
North: Professional Office (Two story office building)
South: Commercial (One story dental building)
East: City of San Jose (Commercial)
West: One story single family home
Single family home
10.
M/S: Dean/Dougherty - that the City Council introduce Ordinance 1974 amending
Chapter 5.28 of the Campbell Municipal Code, Pool and Billiard Halls, for first
reading with the amendments to 5.28.050 and 5.28.060 as noted, and direct staff to
review the issue of tournaments and bring back ordinance language for review at a
future date. Motion adopted by the following roll call vote:
AYES: Councilmembers: Conant, Furtado, Dougherty, Dean, Watson
NOES: Councilmembers: None
The City Clerk read the title of Ordinance 1974.
M/S: Dougherty/Dean - that further reading of Ordinance No. 1974 be waived.
Motion adopted unanimously.
Application of Dennis Wong for General Plan Amendment from High Density
Residential to Professional Office and Zone Change from R-3 (Multiple Family
Residential) to PO (Professional Office) for property located at 14419 S. Bascom
Avenue and City-initiated Amendment to the Land Use Map of the General Plan
from Commercial designation to Low-Density Residential designation for
properties located at 1200, 1210, 1224 & 1240 Abbott Avenue (Introduction of
Ordinances/Roll Call Vote)
This is the time and place for a public hearing to consider the application of Dennis
Wong for a General Plan Amendment from High Density Residential to Professional
Office and Zone Change from R-3 (Multiple Family Residential) to PO (Professional
Office) for property located at 14419 S. Bascom Avenue and City-initiated Amendment
to the Land Use Map of the General Plan from Commercial designation to Low-Density
Residential designation for properties located at 1200, 1210, 1224 & 1240 Abbott
Avenue.
Senior Planner Fierro - Staff Report dated November 2, 1998.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
Dan Bryant, 41 Heritage Village Lane, Campbell, appeared before the City Council and
expressed concerns regarding the General Plan.
There being no one else wishing to speak, Mayor Watson closed the public hearing.
M/S: Furtado/Dougherty - that the City Council grant a Negative Declaration for
the project; introduce Ordinance 1975 amending the Land Use Element of the
General Plan changing the land use designation of property located at 14419 S.
Bascom Avenue from High Density Residential to Professional Office and
amending the official Zoning Map Designation from R-3 (Multi-family Residential)
Minutes of 11/2/98 City Council Meeting 6
11.
to PO (Professional Office), application of Mr. Dennis Wong, for f'wst reading; and
introduce Ordinance 1976 amending the Land Use Element of the General Plan
changing the land use deSignation of property located at 1200, 1210, 1224 and 1240
Abbott Avenue from Commercial to Low-Density ReSidential, City-initiated
application, for first reading. Motion adopted by the following roll call vote:
AYES: Councilmembers: Conant, Furtado, Dougherty, Dean, Watson
NOES: Councilmembers: None
The City Clerk read the titles of Ordinance No. 1975 and No. 1976.
M/S: Furtado/Dougherty - that further reading of Ordinance No. 1975 and No.
1976 be waived. Motion adopted unanimously.
Application of Harold Long for Approval of a Planned Development Permit (I'D
98-06) and Tree Removal Permit (TRP 98-01) to allow the development of a two-
story office building - 891 W. Hamilton Avenue (Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider the application of Harold
Long for Approval of a Planned Development Permit (PD 98-06) and Tree Removal
Permit (TRP 98-01) to allow the development of a two-story office building - 891 W.
Hamilton Avenue.
Planner I Irani - Staff Report dated November 2, 1998.
Councilmember Dean recommended that the parking space that is being eliminated be
used for bicycle parking.
Councilmember Dougherty expressed concern regarding a reduced parking standard
which could impact parking should the use of the building change at some point in the
future.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
Harold Long, Applicant, 310 W. Hamilton Avenue, Campbell, appeared before the
City Council and spoke in support of the project stating that he would agree to replace
the existing trees with 24-inch box trees and inclusion of a bike rack in lieu of the one
parking space.
There being no one else wishing to speak, Mayor Watson closed the public hearing.
Minutes of 11/2/98 City Council Meeting 7
Oty
Council
ITEM NO:
CATEGORY:
MEETING DATE:
Public Heating
November 2, 1998
TITLE
Planning Commission Recommendation Concerning Amendments to the Campbell General Plan
Land Use Map and the Official Campbell Zoning Map.
RECOMMENDATION
The Planning Commission recommends that the City Council take the following action:
1. Grant a Negative Declaration for the proposed project; and ~
2. Introduce an Ordinance approving an amendment to the Campbell General Plan Land
Use Map and Zoning Map for 14419 South Bascom Avenue, as illustrated on Exhibit A;
and
3. Introduce an Ordinance approving an amendment to the Campbell General Plan Land
Use Map for 1200, 1210, 1224 and 1240 Abbott Avenue, as illustrated on Exhibit A;
ENVIRONMENTAL DETERMINATION
The Initial Study prepared for this project found that no significant impacts would result from the
proposed amendments to the General Plan Land Use Map and Official Zoning Map. Based on
the information provided in the Initial Study, the Planning Commission recommends that the
City Council grant a Negative Declaration.
BACKGROUND
On September 15, 1998, the City Council authorized the Community Development Department
to prepare General Plan and Zoning Map amendments for several locations. Two of the requests
were initiated by the property owners and one was City-initiated.
Prior to the Planning Commission hearing, the property owner of 90 E. Latimer Avenue
withdrew her request to redesignate the property from Public Facility to Professional Office. The
letter requesting withdrawal is provided as Attachment 3.
The Planning Commission held a public heating on the remaining two locations October 13,
1998. At the Planning Commission's heating, there were no members of the public that spoke
for or against the amendments.
DISCUSSION
The proposed amendments are discussed separately for the purpose of analysis.
Location 1 14419 S. Bascom Avenue (ProperW Owner Initiated)
The site is currently designated in the General Plan and Zoning Maps for high density apartment
development. The applicants are requesting amendments that will allow a change in land use to
City Council Report -November 2, 1998
GP 98-02; ZC 98-03
Page 2
professional office to allow the construction of a dental office. The adjacent land uses to the
north and south are medical/dental offices.
The Planning Commission recommends approval of the amendment of the General Plan and
Zoning map designations to Professional Office. The proposed office Land Use is compatible
with the adjacent land uses and that high density residential use is not practical for this small site
on a major arterial roadway.
Consistency with the General Plan
The Housing Element encourages the development of a variety of housing types throughout the
City. The proposed amendment could result in the potential loss of up to 6 to 8 new multi-family
units.
The Planning commission found that this site is not desirable for high density residential. The
site is located on a major arterial with heavy traffic, relatively high traffic speeds and noise. The
site is small which limits the ability of the developer to mitigate these impacts through building
layout. The ability to provide open space and other amenities would be limited.
Location 2 1200, 1210, 1224 and 1240 Abbott Avenue (Ci~ Initiated)
These four properties are designated as R-1 9 on the Zoning Map. This designation allows for
single family homes on lots that are a minimum of 9,000 square feet in area. Four lots were
created in 1977 and single family homes were constructed. The existing homes conform to the
requirements of the R-1 Zoning District. The General Plan designation is Commercial, a
designation designed for some type of commercial development, including retail and/or office
uses. The General Plan and Zoning designations are not compatible.
The Government Code, Section 65860 requires that the zoning be consistent with the General
Plan. In order to correct this anomaly, the Planning Commission recommends that the City
Council amend the General Plan Land Use Map for these properties to Low-Density Residential,
Less than 4.5 units per gross acre..
Consistency with the General Plan
The General Plan Land Use designation for these four properties is Commercial. This land use
designation is inconsistent with the Zoning designation of R-1 (Single-Family Residential) and
the actual land use, low-density, single-family homes. The recommended amendment of the
General Plan Land Use Map to Low Density Residential would bring this property into
conformance with the General Plan.
City Council Report - November 2, 1998
GP 98-02; ZC 98-03
Page 3
ALTERNATIVES
1. Deny the amendments.
2. Continue for further review and direct the Community Development Department to provide
additional information.
FISCAL IMPACTS
Fiscal impacts of the proposed amendments are deemed to be insignificant.
Attachments:
1. Location Map
2. Draft Ordinance for 14419 S. Bascom Avenue
3. Draft Ordinance for 1200, 1210, 1224 and 1240 Abbott Avenue
4. Letter fi.om Mr. Douglas Foley, Esq., in behalf of Angela Zambetti requesting that the
amendments for 90 East Latimer be withdrawn from consideration.
5. Planning Commission Resolution and Minutes
6. Planning Commission Report
Prepared by: J~/'~ ~
Sharon Fierro, Associate Planner
Reviewed by:
Steve Piasecki, Community Development Director
Approved by:
Bernard Strojny, City Manager
Attachment #1
VICINITY MAP
lOOO
Location 2
VICINITY MAP
Location 1
0 1000 __ 2000 Feet 1000 0 1000 2000 Feet
Attachment #2
ORDINANCE NO
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMMENDING THE LAND USE ELEMENT OF THE
GENERAL PLAN CHANGING THE LAND USE DESIGNATION OF
PROPERTY LOCATED AT 14419 S. BASCOM AVENUE FROM HIGH
DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE AND
AMENDING THE OFFICIAL ZONING MAP DESIGNATION FROM R-
3 (MULTI-FAMILY RESIDENTAL) TO PO (PROFESSIONAL
OFFICE). APPLICATION OF DR. DENNIS WONG. FILE NO. GP 98-
02/ZC 98-03.
The City Council of the City Campbell does ordain as follows:
SECTION ONE: That the Land Use Element of the General Plan of the City of Campbell,
together with the amendments thereto, is hereby changed and amended as per Exhibit A, attached
hereto.
SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published once within fifteen (15) days upon passage and adoption in a
newspaper of general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this
vote:
__ day of
, 1998, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED BY:
Jeanette Watson, Mayor
ATTEST:
Anne Bybee, City Clerk
Exhibit A
14419 South Bascom Avenue
_X
-~--~--- -- ° AVE.-----~. ~,,-
SOUTH BASCOM i ~.~
~ %
I Amend the General Plan
Land Use Map from
High Density Residential '
Professional Office
lAmend the Zoning Map from
R-3, Multiple Family Residentiall
to P-O, Professional Office
Location I
Property and Ownership Information
Dennis Wong and Dora Ng
14419 S. Bascom Avenue (414-44-005)
Lot Area: .29 net acres (.30+ gross acres)
Existing General Plan designation:
Existing Zoning designation:
Adjacent land uses:
Current Use of the site:
Land Use Information
High Density Residential (21 to 27 units per gross acre)
Multiple Family Residential (R-3)
North: Professional Office (Two story office building)
South: Commercial (One story dental building)
East: City of San Jose (Commercial)
West: One story single family home
Single family home
Attachment #3
ORDINANCE NO
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AN AMENDMENT OF THE LAND USE ELEMENT OF
THE GENERAL PLAN CHANGING THE LAND USE DESIGNATION
OF PROPERTY LOCATED AT 1200, 1210, 1224 AND 1240 ABBOTT
AVENUE FROM COMMERCIAL TO LOW-DENSITY
RESIDENTIAL. CITY-INITIATED APPLICATION. FILE NO. GP 98-
02.
The City Council of the City Campbell does ordain as follows:
SECTION ONE: That the Land Use Element of the General Plan of the City of Campbell,
together with the amendments thereto, is hereby changed and amended as per Exhibit A, attached
hereto.
SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published once within fifteen (15) days upon passage and adoption in a
newspaper of general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this
vote:
day of
, 1997, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED BY:
Jeanette Watson, Mayor
ATTEST:
Anne Bybee, City Clerk
Exhibit A
1200, 1210, 1224, and 1240 Abbott Avenue
ALI EHDAL~ T
Location 2
Property and Ownership Information
1200 Abbott Avenue - Frankie and Loretta Zmak
(403-15-039) .34 net acres/34 gross acres
1210 Abbott Avenue - Sung Kook Kim and
Pack Mi Rhee Klm
(403-15-022) .23 net acres/.28 gross acres
1224 Abbott Avenue - Randy and Virginia Milbank
(403-15-010) .24 net acres/.29+ gross acres
1240 Abbott Avenue - Brad and Deborah Johnson
(403-15-017) .22 net acres/.27+ gross acres
Amend the General Plan
Land Use Map from
Commercial to Low-Density
Residential, less than 4.5
units per acre
Existing General Plan designation:
Existing Zoning designation:
Adjacent land uses:
Current Use of the site:
Land Use Information
Commercial
R-l-9
North: Single family home on a large lot/Smith Creek
South: Low density single family homes
East: Rolling Hills Shopping Center
West: Low density single family homes
Single family homes on land subdivided in 1977
Attachment #4
WILUAM E. F(~LEY (1879--1955)
WILLIAM J. FOLEY
DOUGLAS J . FOLEY
LAW OFFICES
FOLEY & FOLEY
9,40 NORTH FIRST STREET
JOSE, ~T-11:rO~:~ 9511
TEL: (Zt..08) 297-1900
FAX: (408) 297-1904
October 13, 1998
City of Campbell Planning Commission
Ms. Sharon Fierro, Senior Planner
70 North First Street
Campbell, CA 95008
VIA FAX: 866-8381
& FIRST CLASS MAIL
Re:APN90 East 279-38-017 Latimer Avenue, 00T 15 lS~8
city OF C
Dear Ms. Fierro: ~,~QUEp~..~
This shall serve to confirm that our client, Ms. Angela
Zambetti, the owner of the above-referenced property, has
decided not to proceed with the requested amendment to the
General Plan and the re-zoning of her property as detailed
in my letter to the City Council of September 3, 1998, and
hereby requests that her application be removed from the
Planning Commission's agenda for October 13, 1998.
My client and I are most appreciative of the efforts
you and your department have put forth to expedite the re-
zoning request, however, it has now been decided to secure a
tenant for the property whose use will comply with those
uses allowable under current the zoning designation with the
required use permit.
Again, thank you and your department for you efforts.
Attachment #5
Planning Commission Minutes of October 13, 1998
Page 2
COMMUNICATIONS.
1. Letter and Modified Conditions for Agenda Item No. 4.
2. Letter regarding Agenda Item No. 8.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
ORAL REQUESTS
There were no oral requests.
PUBLIC HEARING
Acting Chair Jones read Agenda Item No. 1 into the record.
1. GP98-02/
ZC 98-03
Public Hearing to consider the following amendments to the
General Plan Land Use Map and Zoning:
An application of Ms. Angela Zambetti for a General
Plan Amendment to the Land Use Element from
Public, Semi-Public to a mixed-use designation of
Low-Medium Density Residential and a Zone Change
from PF (Public Facilities) to PD (Planned
Development) for property located at 90 E. Latimer
Avenue.
An application of Dr. Dennis Wong for a General Plan
Amendment to the Land Use Element from High
Density Residential to Professional Office and a Zone
Change from R-3 (Multiple Family Residential) to PO
(Professional Offices) for property located at 14419 S.
Bascom Avenue.
A City-initiated amendment to the Land Use Map of
the General Plan from Commercial designation to
Low-Density Residential designation for properties
located at 1200, 1210, 1224 & 1240 Abbott Avenue.
A Negative Declaration has been prepared for this
project. Tentative City Council Meeting Date:
November 2, 1998.
Ms. Sharon Fierro, Senior Planner, presented the staff report as follows:
· Advised the Commission that the property owner for 90 E. Latimer Avenue, Ms. Angela
Zambetti, has provided a letter requesting that her property be withdrawn from this
application. She has secured a tenant for her property.
Planning Commission Minutes of October 13, 1998 Page 3
· Location 2 is 14419 S. Bascom Avenue, located close to Highway 85. This property is
currently zoned for Multiple Family Residential use. However, the site is small, only a
quarter of an acre and is currently developed with a single-family residence. The applicant is
interested in demolishing the structure and constructing a dental office for his practice. The
surrounding uses are office and an office land use designation is compatible. Staff supports
this General Plan and Zoning change.
· Location 3 is four single-family residences located on Abbott Avenue. The General Plan and
Zoning designations for these properties are inconsistent. State law requires consistency.
The cun'ent General Plan designation is Commercial while the Zoning is R-l-9 (Single
Family Residential). The cun'ent land use is residential. Staff does not believe that the site
would support viable commercial development.
Commissioner Keams advised that she lives on Abbott, within 300 feet of the subject properties
on Abbott and will need to abstain from the discussion and vote on that item.
City Attorney Seligmann advised the Commission to discuss the locations separately so that
Commissioner Keams can vote on the Bascom location and abstain from the vote on the Abbott
locations.
Acting Chair Jones opened the Public Hearing for Agenda Item No. 1.
Acting Chair Jones closed the Public Hearing for Agenda Item No. 1.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner Meyer-
Kennedy, the Planning Commission accepted the withdrawal of
consideration for a General Plan Amendment and Zone Change for property
located at 90 E. Latimer Avenue at the written request of the applicant, Ms.
Angela Zambetti, by the following roll call vote:
AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy
NOES: None
ABSENT: Lowe
ABSTAIN: None
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Francois, the Planning Commission adopted Resolution No. 3185
recommending that Council adopt a Negative Declaration and approve an
amendment to the Campbell General Plan Land Use Map from High-Density
Residential to Professional Office and Zoning Map from R-3 (Multiple
Family Residential) to PO (Professional Offices) for property located at
14419 S. Bascom Avenue, by the following roll call vote:
AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy
NOES: None
ABSENT: Lowe ·
ABSTAIN: None
Planning Commission Minutes of October 13, 1998 Page 4
Motion:
Upon motion of Commissioner Lindstrom, seconded by Commissioner
Gibbons, the Planning Commission adopted Resolution No. 3186
recommending that Council adopt a Negative Declaration and approve an
amendment to the Campbell General Plan Land Use Map from Commercial
to Low-Medium Density Residential for property located at 1200, 1210, 1224
& 1240 Abbott Avenue, by the following roll call vote:
AYES: Francois, Gibbons, Jones, Lindstrom, Meyer-Kennedy
NOES: None
ABSENT: Lowe
ABSTAIN: Kearns
Acting Chair Jones advised that this item will go before Council at its November 2, 1998,
meeting.
Acting Chair Jones read Agenda Item No. 2 into the record.
2. M 98-12
St. Lucy's
Public Hearing to consider the application of St. Lucy's Parish
for a Modification (M 98-12) to a previously-approved
Conditional Use Permit CuP 78-09) for St. Lucy's Parish to
allow the addition of a 4,575 square foot activity center and a
780 square foot office addition on property located at 2350 S.
Winchester Boulevard in a PF (Public Facilities) 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. Aki Irani, Planner I, presented the staff report as follows:
· Applicant is seeking modification to a Use Permit to allow the construction of a new activity
building and additional office space.
· The project site is located at 2350 S. Winchester, south of Kennedy and west of Industrial.
· Surrounding uses include industrial, auto repair and commercial uses.
· The new activity building would face the rear parking lot and is designed to match the
existing buildings on site.
· A condition of approval will require a lot line adjustment as the new construction will cross
over two different parcels.
· Staffis in support of this project and recommends approval of the project as well as approval
of a Negative Declaration.
Commissioner Gibbons presented the Site and Architectural Review Committee report as
follows:
RESOLUTION NO 3185
BEING A RESOLUTION OF THE CITY OF CAMPBELL PLANNING
COMMISSION RECOMMENDING AN AMENDMENT OF THE LAND
USE ELEMENT OF THE GENERAL PLAN CHANGING THE LAND
USE DESIGNATION OF PROPERTY LOCATED AT 14419 S.
BASCOM AVENUE FROM HIGH DENSITY RESIDENTIAL TO
PROFESSIONAL OFFICE AND AMENDING THE OFFICIAL ZONING
MAP DESIGNATION FROM R-3 (MULTI-FAMILY RESIDENTAL) TO
PO (PROFESSIONAL OFFICE). APPLICATION OF DR. DENNIS
WONG. FILE NO. GP 98-02/ZC 98-03.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission finds as follows
with respect to application No. GP 98-02/ZC 98-03:
An Initial Study was prepared pursuant to the requirements of the California
Environmental Quality Act on September 22, 1998.
Notice of availability of the Initial Study was prepared and published pursuant to
Section 21092 of the Public Resources Code, advising the public that a public review
period would be available and public comment would be accepted on this project.
The proposed Amendments of the General Plan Land Use Map and Official Zoning
Map are consistent with the General Plan.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
No substantial evidence has been presented which shows that the project, as currently
presented, would have a significant effect upon the environment
An initial study has been prepared concluding that no unmitigated impacts have been found
for the project.
No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
Planning Commission Resolution No. 3185
Land Use Element
Passed and adopted this 13~h day of October, 1998 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Francois, Gibbons, Jones, Keams, Lindstrom,
Meyer-Kennedy
None
Lowe
None
Steven Piasecki, Secretary
APPROVED BY:
Brad Jones, Acting Chair
ITEM NO. 1
STAFF REPORT - PLANNING COMMISSION MEETING
OF OCTOBER 13, 1998
GP 98-02
ZC 98-03
Public Hearing to consider Amendments to the Campbell General Plan
Land Use Map and the Official Campbell Zoning Map.
STAFF RECOMMENDATION
That the Planning Commission take the following actions:
1. Recommend that the City Council Grant a Negative Declaration; and
2. Adopt a Resolution, incorporating the attached findings, recommending that the City Council
approve an amendment to the Campbell General Plan Land Use Map as illustrated on
Attachment 3; and
3. Adopt a Resolution, incorporating the attached findings, recommending that the City Council
approve an amendment to the Official Campbell Zoning Map, as illustrated on Attachment 3.
ENVIRONMENTAL DETERMINATION
An Initial Study has been prepared for this project for the Commission's consideration. It concludes
this project will not have a significant effect on the environment, therefore, a Negative Declaration
was prepared. The Initial Study is Attachment 4. Findings in support of the Negative Declaration are
included in Attachment 1.
BACKGROUND
On September 15, 1998, the City Council authorized the Community Development Department to
prepare General Plan and Zoning Map amendments for several locations. The State Government
Code provides that the General Plan may be amended up to four times per year. Each of the
amendments may include several individual changes made at the same time. The Community
Development Department has combined one City-initiated amendment with two requested by
property owners to reduce the overall number of amendments for this calendar year. The attached
exhibit titled "Location Map" illustrates the location of the sites involved in the amendments.
Additionally, Assessor Parcel Maps are provided to illustrate the precise parcels involved.
DISCUSSION
Each General Plan/Zoning Map amendment location is discussed separately. The Planning
Commission may consider any or all of the recommended changes to the General Plan and Zoning
Map.
Staff Report - Planning Commission Meeting of October 13, 1998
GP 98-02/ZC 98-03
Page 2
Location 1 (Property Owner Initiated)
Location: 90 E. Latimer
Assessor's Parcel Numbers: 279-38-017
Property Owner: Ms. Angela Zambetti
Existing General Plan Public, Semi-Public
designation:
Existing Zoning designation: Public Facilities (P-F)
Adjacent land uses:
North: Medium Density Residential (Attached and
detached single-family)
South: Medium Density Residential (Attached
townhouse development)
East: Low-Medium Density (Single family homes)
West: Medium Density Residential (Attached
townhouse development)
Lot area: .8 net acres (.865 gross acres)
Current Use of the site:
Vacant commercial building
The US Postal Service operated the Campbell Post Office from this location from 1961 to 1991. The
building was then occupied by quasi-public uses established by a Use Permit in 1995. The building
is now vacant and Ms. Zambetti, the property owner, is attempting to lease the property and has had
interest from professional office uses. However, the Public Facilities District limits the use of the
site to governmental entities or quasi-public uses and does not permit professional office use of the
site. She has submitted a letter, prepared by her attorney, requesting that the City Council authorize
an amendment of the General Plan and Zoning Map that would allow her to lease the property to
professional offices.
In the past, staff has received complaints from adjacent residents about the noise created by
trucks associated with both the Post Office and the Pacific Telesis use. The use of the site for
quieter office uses would lessen the potential noise impacts on the neighborhood. Ultimately,
staff believes that the most compatible use would be a low-medium density residential project,
similar to the adjacent land use to the east. The site could accommodate 5 to 11 units under the
6-13 dwelling unit per gross acre designation. Staff suggests a mixed use designation be
considered that allows immediate use of the site for professional offices and the future
Staff Report - Planning Commission Meeting of October 13, 1998
GP 98-02/ZC 98-03
Page 3
development as a residential project, at the discretion of the property owner. A Planned
Development Permit for the property is scheduled for the Planning Commission meeting of
October 27, 1998. The permit will specify the specific uses allowed and the conditions under
which the business may operate. Limits will be placed on hours of operation that will reduce the
possibility of conflict with the neighborhood.
Consistency with the General Plan
The General Plan Land Use element states a policy that the City shall protect residential uses which
adjoin commercial or industrial uses from potential noise, traffic, safety hazards and glare thorough
site design. Public facility tenants of the property in the past have created late hour noise, traffic and
delivery problems for adjacent residential uses. The change in designation to Professional Office
will provide a land use that has relatively few potentials for nuisance and is therefore consistent with
this policy. The designation of Planned Development as a zoning designation requires approval of a
Planned Development Permit that will tailor the operational conditions to the particular needs of this
site. Approval of the Permit requires a Public Hearing before the Planning Commission to evaluate
the impacts of the use on a case by case basis. It would also require that adjacent property owners be
notified and would provide a forum for public comment at the Public Hearing. This process will
assure a land use that is consistent with the General Plan policy.
Location 2 (Property Owner Initiated)
Location: 14419 S. Bascom Avenue
Assessor's Parcel Numbers: 414-44-005
Property Owner: Dora Wong
Existing General Plan designation: High Density Residential (21 to 27 units per gross
acre)
Existing Zoning designation: Multiple Family Residential (R-3)
office
Adjacent land uses:
North: Professional Office (Two story
building)
South: Commercial (One story dental building)
East: City of San Jose (Commercial)
West: One story single family home
Lot Area: .29 net acres (.30+ gross acres)
Current Use of the site:
Single Family House
Staff Report - Planning Commission Meeting of October 13, 1998
GP 98-02/ZC 98-03
Page 4
This property is located on the west side of South Bascom Avenue, just north of White Oaks Road
(near the San Jose City Boundary and Interstate Highway 85). The property was recently sold to Dr.
and Ms. Wong, who would like to construct a dental office for their own dental practice. The
property currently contains a single-story, single-family home on the 13,000 square foot site. The
surrounding land uses to the south and north are professional offices. The site could develop 6 to 8
units under the present General Plan designation. Staff believes that the requested amendment of the
General Plan and Zoning Maps would be consistent with adjacent land uses and that proper siting
and design of the building would mitigate any impacts on the residential use on White Oaks Road at
the rear of this site. The applicant has submitted the attached letter in support of the request.
Consistency with the General Plan
The Housing Element encourages the development of a variety of housing types throughout the City.
The proposed amendment could result in the potential loss of up to 6 to 8 new multi-family units.
Staff believes that this site is not desirable for high density residential. The site is located on a major
arterial with heavy traffic, relatively high traffic speeds and noise. The site is small which limits the
ability of the developer to mitigate these impacts through building layout. The ability to provide
open space and other amenities would be limited, while this proposal results in a loss of a potential
6 to 8 multiple family units, this offset by the recommended land use change for the Latimer Avenue
property (Location I) that would allow up to 5 to 11 units in a more appropriate setting. Further,
both adjacent properties are designated for professional office development.
The Land Use Element of the General Plan encourages commercial uses to be located on major
arterials. The redesignation of this site for Professional Office use is consistent with this policy.
Location 3 (City Initiated)
Location:
Property Owners:
1240 Abbott Avenue (403-15-017)
1224 Abbott Avenue (403-15-010)
1210 Abbott Avenue (403-15-022)
1200 Abbott Avenue (403-15-039)
.22 net acres/
.27+ gross acres
.24 net acres/
.29+ gross acres
.23 net acres/
.28 gross acres
.34 net acres/
.34 gross acres
1240 Abbott Avenue - Brad and Deborah Johnson
1224 Abbott Avenue - Randy and Virginia Milbank
1210 Abbott Avenue - Sung Kook Kim and
Paek Mi Rhee Kim
1200 Abbott Avenue - Frankie and Loretta Zmak
Staff Report - Planning Commission Meeting of October 13, 1998
GP 98-02/ZC 98-03
Page 5
Existing General Plan designation: Commercial
Existing Zoning designation: R-l-9
Adjacent land uses:
Current Use of the site:
North: Single family home on a large lot/Smith Creek
South: Low density single family homes
East: Rolling Hills Shopping Center
West: Low density single family homes
Single family homes on land subdivided in 1977
The four properties on Abbott Avenue are currently zoned R-l:9, a low-density residential
designation. This is in conflict with the existing General Plan designation of Commercial. This
inconsistency has existed several years. This request to amend the General Plan designation is made
pursuant to the California Government Code, Section 65860, which requires that all zoning district
classifications be consistent with the General Plan.
The properties are developed with single-family homes which back up to the adjacent Rolling Hills
Shopping Center on Hacienda Avenue. Presumably, these properties were designated commercial to
accommodate future expansion of the shopping center. Currently, the shopping center is largely
vacant and is not likely to need to expand in the foreseeable future. The existing homes appear to be
well kept and comparable with other homes in the San Tomas neighborhood. Consequently, staff
believes that the most reasonable General Plan designation would be Low Density Residential,
reflecting the existing land use.
If the properties were to be designated for commercial development (i.e. amend the zoning map to
reflect the General Plan designation) the existing single-family homes would become legal non-
conforming and could not be expanded and could not be rebuilt if destroyed by more than 50% by
fire.
Staff has explained the reason for the proposed amendments to each of the affected property owners.
One of the property owners has stated support for the amendment. The other three property owners
did not voice opposition or support but seemed to understand the issue.
Consistency with the General Plan
The Land Use designation in the General Plan is Commercial. This land use designation is
inconsistent with the Zoning designation of R-1 (Single-Family Residential) and the actual land use,
low-density, single-family homes. The recommended amendment of the General Plan Land Use
Map to Low Density Residential would bring this property into conformance with the General Plan.
Staff Report - Planning Commission Meeting of October 13, 1998
GP 98-02/ZC 98-03
Page 6
Attachments:
1. Recommended Findings for Approval of a Negative~Declaration
2. Location Map
3. Map Attachments illustrating proposed General Plan and Zoning Map Amendments
4. Initial Study
5. Letter - Ms. Angela Zambetti, dated September 3, 1998
6. Letter - Ms. Dora Wong dated September 3, 1998
Submitted by: ~~ ~ Sharo~~o, S~anner
Approved b~~/~ ' '
Steve Piasecki, Community Development Director
Attachment # 1
FINDINGS FOR ACCEPTANCE OF A NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT GP98-02
ZONE AMENDMENT ZC98-03
APPLICANT: ANGELA ZAMBETTI
P.C. MEETING: OCTOBER 13, 1998
Findings for Approval of a Negative Declaration
The Planning Commission finds as follows with regard to Application No. GP 98-02 and ZC 98-
03:
An Initial Study was prepared pursuant to the requirements of the California
Environmental Quality Act on September 22, 1998.
°
Notice of availability of the Initial Study was prepared and published pursuant to
Section 21092 of the Public Resources Code, advising the public that a public review
period would be available and public comment would be accepted on this project.
o
The proposed Amendments of the General Plan Land Use Map and Official Zoning
Map are consistent with the General Plan.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
No substantial evidence has been presented which shows that the project, as currently
presented, would have a significant effect upon the environment
Attachment # 1
FINDINGS FOR ACCEPTANCE OF A NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT GP98-02
ZONE AMENDMENT ZC98-03
APPLICANT: ANGELA ZAMBETTI
P.C. MEETING: OCTOBER 13, 1998
Findines for Approval of a Negative Declaration
The Planning Commission finds as follows with regard to Application No. GP 98-02 and ZC 98-
03:
An Initial Study was prepared pursuant to the requirements of the Califomia
Environmental Quality Act on September 22, 1998.
Notice of availability of the Initial Study was prepared and published pursuant to
Section 21092 of the Public Resources Code, advising the public that a public review
period would be available and public comment would be accepted on this project.
The proposed Amendments of the General Plan Land Use Map and Official Zoning
Map are consistent with the General Plan.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
No substantial evidence has been presented which shows that the project, as currently
presented, would have a significant effect upon the environment