PC Min 04/23/19917:30 P.M.
PLANNING COMMISSION
City of Campbell, California
APRIL 23, 1991
CITY HALL COUNCIL CHAMBERS
Tuesday
MINUTES
The Planning Commission of the City of Campbell convened this day in
regular session in the City Hall Council Chambers, 70 North First Street,
Campbell, California, and the following proceedings were had to wit:
Commissioners Present:
Chairperson Jane Meyer-Kennedy
Commissioner Robert Dougherty
Commissioner
Commissioner
Commissioner
Commissioner
Jay Perrine
I. (Bud) Alne
Alana Higgins
Mark Wilkinson
Commissioners Absent: Commissioner David Fox, due to illness
Staff Present:
Director of Planning, Steve Piasecki
Senior Planner, Randy Tsuda
City Attorney, Bill Seligmann
Engineering Manager, Bill Helms
Reporting Secretary, Karon Shaban
APPROVAL OF THE MINUTES
On motion of Commissioner Dougherty, seconded by Commissioner Alne,
the minutes of the Planning Commission meeting of April 9, 1991, were
approved, as submitted, (5-0-1-1), Commissioner Wilkinson abstaining due
to his absence at the April 9, 1991, meeting; and Commissioner Fox being
absent.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no modifications to the agenda.
COMMUNICATIONS;
Director of Planning, Steve Piasecki informed the Commission that
communications received were included in the Commission packets and
pertain to items on the agenda.
Planning Commission Minutes 2 April 23, 1991
ORAL REOUESTS:
There were no oral requests.
PUBLIC HEARINGS
1. UP 91-07
Suh, J.
Public Hearing to consider the application of Mr.
Jung Woo Suh, for approval of a Conditional
Use Permit, to allow the establishment of a 1,370
square foot Martial Arts Studio, on property located
at 152 North San Tomas Aquino Road, in a C-2-S
(General Commercial) Zoning District.
The Chairperson read the application into the record.
Mr. Randy Tsuda, Senior Planner, presented the Staff Report noting the
following:
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Applicant's request.
Consistency with the General Plan and zoning.
Class size.
Hours of operation.
Parking deficiency is not a problem with this application.
Staff recommends approval.
Commissioner Perrine requested clarification regarding why this item is
before the Planning Commission. Mr. Tsuda explained that the proposed
establishment is in a C-2-S Zone, uses such as indoor athletic facilities, require
Use Permit approval by the Planning Commission.
Chairperson Meyer-Kennedy opened the Public Hearing on UP 91-07.
Public Comment:
Mr. Paul J. Lienhart, Chiropractor and representative of Mr. Suh, 1551
Willowhaven Drive, San Jose, spoke in support of the proposal noting that
the studio provides the community youth with:
O Supervised after-school activities.
o Role model outside of the home.
O Patriotism.
O Mental and moral aspects for betterment of the world society.
Further, Mr. Lienhart discussed parking, limited injuries on-site, and the
potential assets to the community with such a use.
Planning Commission Minutes
3 April 23, 1991
MOTION:
On motion of Commissioner Dougherty, seconded by
Commissioner Wilkinson, it was unanimously approved
that the Public Hearing be dosed, (6-0-1), Commissioner
Fox being absent.
MOTION:
On motion of Commissioner Wilkinson, seconded by
Commissioner Perrine, it was unanimously order that
Resolution No. 2745 be adopted, approving UP 91-07, by
the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners: Alne, Higgins, Perrine, Wilkinson, Dougherty,
Meyer-Kennedy
Commissioners: None.
Commissioners: Fox
o
ZC 91-02
City-initiated
Public Hearing to consider the City-initiated
application for a Zone Change from R-2-S (Multi-
Family Residential) to PD (Planned Development)
Zoning District, for properties located at 33-226
Sunnyside Avenue, 45 -105 Kennedy Avenue
(north side of the street), and, 321 Industrial Way
to bring the zoning designation into conformance
with the Low-Medium Density Residential (6-13
units per gross acre) General Plan designation.
The Chairperson read the application into the record.
Mr. Steve Piasecki, Director of Planning, presented the Staff Report noting the
following:
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City's intention to bring the zoning into compliance with the
General Plan, as mandated by the State.
Properties affected.
Surrounding uses.
Proposed units per gross acre.
Staff recommends approval.
Commissioner Perrine discussed the previous public hearing relative to the
Commission's intent to provide sensitivity regarding detached houses to
residents on the southside of Kennedy Avenue, and asked if this zone change
would provide for that same sensitivity. Mr. Piasecki stated that it would.
Chairperson Meyer-Kennedy opened the Public Hearing on ZC 91-02.
Planning Commission Minutes 4 April 23, 1991
Mr. Woody Brown, 88 Sunnyside Avenue, asked that Site and Architectural
Approval be required for Planned Developments in the area.
Director of Planning, Mr. Piasecki, stated that Site and Architectural Approval
would be required for Planned Development Permits.
MOTION:
On motion of Commissioner Wilkinson, seconded by
Commissioner Higgins, it was unanimously approved
that the Public Hearing be closed, (6-0-1), Commissioner
Fox being absent.
Commissioner Perrine expressed that the zone change would be appropriate,
since condominium and multiple-family development would be possible in
that area. Further, that this area adjoins an historic district, and is near the
downtown area.
Commissioners concurred with the above statements; however,
Commissioner Dougherty noted that feed-back from residents in his
community indicates that residents wonder why the whole City is not zoned
PD (Planned Development).
Mr. Piasecki explained that a town house ordinance was being examined at
staff level, and should such an ordinance be adopted, it could mitigate
problems assodated with Planned Development zoning.
The Public Hearing was closed.
MOTION:
On motion of Commissioner Dougherty, seconded by
Commissioner Higgins, it was unanimously ordered that
Resolution No. 2746 be adopted, recommending that the
City Council approve ZC 91-02, changing the R-2-S (Multi-
Family Residential) to PD (Planned Development) by the
following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners: Alne, Higgins, Perrine, Wilkinson, Dougherty,
Meyer-Kennedy
Commissioners: None.
Commissioners: Fox
Planning Commission Minutes 5 April 23, 1991
MISCELLANEOUS
3. E 91-01
Penny, W.
Consider the application of Mr. and Mrs. Walter
Penny for an exception to the Satellite Dish
Ordinance, to allow an existing non-conforming
satellite dish, on property located at 303 Virginia
Avenue, in an R-l-6 (Single-Family Residential)
Zoning District.
Chairperson Meyer-Kennedy read the application into the record.
Mr. Randy Tsuda, Senior Planner, discussed the Staff Report noting the
following:
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Applicant's request.
The application is a result of a code enforcement action.
Variance pertains to location, height, and setbacks.
Staff agrees that reception and relocation costs could be
unreasonable, therefore is recommending approval.
Commissioner Alne raised the following concerns:
O Questioned if the dish was or was not installed prior to the
changing of the satellite ordinance.
o Technical requirements for reception indicate that the requested
variances are not needed.
O Visibility of the dish from the public street.
Commissioner Perrine reviewed the background of the satellite ordinance,
adopted by the City Council in 1985, and revised in 1987.
Chairperson Meyer-Kennedy indicated that she was not concerned with the
setbacks or the height, however, suggested that the satellite dish be screened.
Mr. Tsuda explained that staff investigated roof screening, and found that
there were problems associated with screening a dish of this height on the
roof.
Commissioner/kine asked if the present installation meets the building
codes, if an inspection would be done of the premises, and if a tear down
would be required if the codes were not met.
Mr. Tsuda stated that building code requirements would be addressed by the
Building Division, and that a tear-down is an alternative that would be
decided by the Building Division of the Public Works Department.
Planning Commission Minutes 6 April 23, 1991
Further, Commissioner Alne asked that alternate locations be researched.
Technical discussion ensued relating to ground-mounting, reception, angle,
high wires, and tree interference.
Commissioner Perrine suggested that this item be returned to the Site and
Architectural Review Committee for review, since he was not supportive of
street visibility.
Commissioner Wilkinson indicated his concern relative to street visibility,
and the fact that installation was done without permits.
Commissioner Dougherty expressed confusion as to whether the installation
was done prior to the changes in the ordinance.
Commissioner Alne expressed confusion relative to the statement made by
the Sear's representative, that the current location is the only place available
for good reception.
Motion to continue the application for relocation alternatives was made by
Commissioner Perrine, there was no second.
Applicant's Comments:
Mr. Walter Penny, 303 Virginia Avenue, explained that:
O He had seen several satellite dishes located on roofs in Campbell,
near his neighborhood.
O He visited a satellite company who told him that there was not a
satellite ordinance in Campbell, and he felt the installer was
qualified, since he had been licensed by the FCC.
O He purchased the satellite dish and had it installed in October
1990, and was recently contacted by the City regarding his
violation.
O Placement on the roof was due to recommendation by the
installation technician, and, fear of theft.
O He contacted a Sear's representative to write the City a letter
explaining that the current location was the only feasible
location for this dish.
Discussion ensued between the applicant and Commissioner Alne regarding
placement of the dish relative to reception.
MOTION:
On motion of Commissioner Perrine, seconded by
Commissioner Wilkinson, it was unanimously approved
Planning Commission Minutes 7 April 23, 1991
that File No. E 91-01, go before the Site and Architectural
Review Committee for review of alternate locations, and
that the original installer of the satellite dish be present at
this meeting; subsequently, returning to the Planning
Commission meeting of June 11,1991. (6-0-1)
Commissioner Fox being absent.
e
Staff Report
General Plan
Hearing
Schedule General Plan Amendment Hearing
for June 11, 1991.
The Chairperson read the application into the record.
Mr. Piasecki, Director of Planning, presented the Staff report, noting that staff
is recommending the Commission consider revising the General Plan
Amendment Hearing date previously scheduled for tonight, to June 11, 1991,
since there were no General Plan Amendments before the Commission at
this date. He listed three items, however, that require general plan
amendment consideration, on June 11, 1991:
1. Housing Element, response from the State.
2. Density Transfer Policy.
3. Home Depot project.
MOTION
On motion of Commissioner Dougherty, seconded by
Commissioner Higgins, it was unanimously ordered that
the General Plan Amendment Hearing be rescheduled for
June 11,1991, (6-0-1) Commissioner Fox being absent.
REPORT OF THE PLANNING DIRECTOR
The written report of the Planning Director was accepted. Planning Director
Piasecki requested that the Joint Community Design Study, be discussed.
Commissioners discussed a potential date for the study and May 16, 1991, at
the Community Center, 1 West Campbell Avenue, at 4:00 p.m., was
confirmed.
ADJOURNMENT
Planning Commission Minutes 8 April 23, 1991
The meeting adjourned at 8:25 p.m., to the next regularly scheduled Planning
Commission meeting of May 14, 1991, 7:30 p.m., in the City Council
Chambers, 70 North First Street, Campbell, California.
Respectfully Submitted by: 9Garon,yhaban
Reporting Secretary
APPROVED: Tane P. Meyer-Kennedy
Chairperson
ATrEST:
Steve T. Piasecki
Secretary