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PC Min 07/24/1990PLANNING COMMISSION CiTY OF CAMPBELL, CALIFORNIA 7:50 P.M. CItY HALL, COUNCIL CHAMBERS TUESDAY July 24, 1990 ROLL CALL Commissioners Present: Chairperson Jay Perrine Commissioner Ronald Christ Commissioner David Fox Commissioner I. (Bud)Alne Vice-Chairperson Jane Meyer Commissioner Mark Wilkinson Commissioner Bruce Olszewski Staff Present: Planning Director Steve Piasecki Principal Planner Phil Stafford City Engineer Bill Helms City Attorney William Seligmann Recording Secretary Marlene Pomeroy ADPPOVAL OF MINUTE, S Chairperson Perrine announced that the minutes of the Planning Commission meeting of July 10, 1990, would be available for review at the next Planning Commission meeting (August 28, 1990). CO,MIIUNICATIONS Planning Director Piasecki noted two letters were received from the following' (1) Mr. Kurt Anderson, Andarch Associates, dated July 24, 1990, for Items 1, 2 and 7. (2) Revised page 10 to the Water Efficient Landscape Standards. AGENDA MODIFICATIONS OR POSTPONEMENTS Chairperson Perrlne announced that, at the request of the applicant, Item ? would be heard first and Items 1, 2 and 6 would be continued. .ORAL REOUESTS There were no oral requests. PUBLIC HEARINGS 1. S 89-16 5orenson, H. Continued Public Hearing to consider the application of Mr, Henry Sorenson for Site and Architectural approval to allow construction of a 2,000 square foot industrial building for a proposed auto repair business, on property located at 910 South McGlincey Lane, in an M-1-S (Light Industrial) Zoning District. APN: 412-3z1-005 AND 006. Planning Commission Minutes -2- July 24, 1990 The Public Hearing was opened. Pi/$ Alne/pieyer Piotioned Lo continue the Public Hearing on S 89-16, H. $orenson, to the Planning Commission meeting of August 28. !990. VOTE: Ayes: Commissioners Christ, Fox, Alne, Perrine, Meyer, Wilkinson, Olszewski. Noes: None. Abstaln: None. Absent: None, 6, M 90-13 Continue consideration of the application of Machi Yamalsu for modificalion Yamatsu, M. to exlerior repainting of lhe Michis Restauranl, on property Iocaled at 2220 South Winchester Boulevard, in a C-2-S (General Commercial) Zoning District. The Public Hearing was opened. PI/S Alne/pieyer Piotioned to continue the Public Hearing on PI 90-13, PI. Yametsu, to the Planning Commission meeting August 28, 1990. VOTE: Ayes: Commissioners Christ, Fox, Alne, Perrine, Meyer, Wilkinson, Olszewski. Noes: None. Abstain: None. Absent: None. MI$C[LLANEOUS.' 7. M go-15 Consideration of lhe application of Mr. Kurl Anderson For approval of a modification to a previous site and architectural approval to allow the conversion of warehouse area Lo office area on properly known as 380 Industrial Avenue in an M-I-S (Light Industrial) Zoning District. (Planning Commission action final, unless appealed.) Chairperson Perrine read the applicalion into the record. Staff' Present. alion: Principal Planner Stafford presented the application, indicating that the building is currenUy under construction, having been previously approved by [he Planning Commission on September lg, lgBg. AL the t. ime of approval, the upper floor was approved For office use and the downstairs For warehouse and storage uses. At the present time, the applicant Intends to occupy the building himself and is requesting approval to change the lower floor from warehouse to office use. The proposed use is consistent with the General Plan and Zoning Ordinance. Staff has concerns regarding the number of parking spaces (8 spaces on silo). With the conversion of the downstairs area to office, and based on the gross Floor area, 12 parking spaces are required. Therefore, there ts a deficiency of Four spaces. The Ordinance does give the Commission authority to approve more or less parking For a particular use at a particular location based on the use that Is being proposed. 'However, start Feels f, haL reduction in required parking by 33R is not warranted. Staff recommendation is to adopt the Findings proposed and deny the applicant's request. Principal Planner Stafford called attention to a leU, er dated July 11, 1990, from Hr. Kurt Anderson requesting that the required parking spaces be based on the net usable floor area. Planning Commission -:3- July 24, lggO Vice-Chairperson Meyer presented the Sile & Architecture Review Commillee findings in supporl of the applicant's request due Lo the fact that Il is an owner-occupied building and that deficient parking would not create a problem, She announced lhe Committee's recommendation for approval; however, expressed the Committee's concern regarding the setting of precedence by determining the parking requirements based on net usable floor area rather than gross, and if approval was granted with a four parking space deficiency, that the building be required to be owner-occupied. If there came a time that It was not owner-occupied, It would become an Illegal use, Commissioner Alne requested staffs opinion whether or not a condition of this type could be imposed. City Attorney Seligmann responded that as current law stands, It would not be a legally enforceable condition. All land use decisions run with the land, not with the owner. A suggested alternative would be to apply a condition that requlres If the building ever becomes non-owner occupied, that the use be identified and narrowly tailored to the same uses. Applicant Kurt Anderson, 288 W. Hamilton Avenue, addressed the Commission and explained that the change In the original use has occurred because his business has grown to the point where he needs to occupy 80F, of the building. He cited three buildings in Campbell that have been approved with parking spaces based on net usable floor area, therefore, the Commission would not be setting a precedent. Hr. Anderson stated that this is a very small building, 2,700 square feet, with two stairways and restrooms on both floors which were required by the Building Code. He expressed his desire to remain in Campbell and for the future of his business, he requires an attractive office environment. Commissioner Wilkinson questioned whether the front of the building as shown on the elevation plan would change as a result, of the change in use, Mr. Anderson replied tn the affirmative, Indicating that he would rnaintain the symmetry of' the building with a store front system in the center. Commissioner Alne questioned how many employees would be In the building and Mr. Anderson replied there would be 1~1 employees, but that the majority of them would be at the building on an intermittent basis due to the type of work. they would be conducting (construction and engineering would be in the field most of the daytime), Hr. Anderson also clarified that there would be clients visiting the building during business hours. In response to a question by Commissioner Olszewski, Fir. Anderson estimated that at any given time, there would be 12 employees in the building, He further added that there could be fluctuations in his buslness clientele, necessitating a reduction In the number of employees. Corrm'~tssioner Wilkinson stated that the Commission should not base its decision on the number of ernployees because that number could change at any time, Commissioner Christ stated that it is not necessary for the Commission to consider the occupancy of the building, but rather whether or not an office use ts appropriate in an Industrial area, The criteria for parking is not based on the number of employees, but on the square footage and use of the building. In the previous approval the Commission showed flexibility in allowing eight spaces when nine were required. Commissioner Wilkinson questioned whether It is necessary for the applicant to have any changes to the building facade reviewed by staff; and Principal Planner Stafford replied that the Planning Director has the authority to approve minor modifications. If the modifications were deemed not to be minor, they would be presented to the Planning Commission, Commissioner 01szewski questioned staffs remarks in the Staff Report that a possible alternative, converting a portion of the warehouse space to parking, had been discussed with the applicant, Principal Planner Stafford responded that this type of alternative has occurred In industrial type uses, not office. Commissioner Olszewskl then questioned whether staff would have made a different recommendation If one space had been provided inside the building. Planning Director Plasecki responded that not only would one parking space Inside the building add to the parking ratio, it would also remove approximately ;500 square feet from the net usable floor area, resulting in the net benefit of two parking spaces, Planning Cornmi~sion -4- July Commissioner Christ stated that he could not support a motion for approval at this time, although he would support a motion for continuance, He would be inclined to support the use of net usable Floor area if' the applicant could provide the required parking. Commissioner Alne stated that the applicant had ample opportunity to of Ter alternatives and unless the applicant requests a continuance, he would support denial of the application. Hr. Anderson requested a four week continuance Lo discuss wiLh his parLners the poLential for providing an additional parking space' inside the building and reduce the square fooLage, or procure additional parking spaces on Lhe side of' Lhe building. I'leyer/Olszewski I'lotioned Lo continue the application or K. Anderson, 90-15, until the AugusL 28, 1990, Planning Commission meeting. VOTE: Ayes: Noes: Abstain: Absent: Commissioners Christ, Fox, Alne, Meyer, Wilkinson, Olszewski, Perrine. None. None. None. PUBLIC 2, HEAPING., (continued) ZC 90-08/ PD 90-03 Anderson, K. Public Hearing Lo consider the application of Mr, Kurt Anderson for approval of a Zone Change from R-1-10 (Single-Family Residential) to PD (Planned Develop- ment); and, approval of a Planned Development Permit Lo allow the construction of 5 single-family homes on properties located at 1265 and 1271 Burrows Road in an R-1-10 (Single-Family Residential/Low-Density, less than ;3,5 units per gross acre) Zoning District. APN: 403-16-007 and 008. (Tentative City Council Date: September 4, 1990.) Chairperson Perrine read the application into the record. He added that although the applicant had requested a continuance, the Commission would hear from staff and open the public hearing for tesLirnony. Staff Presentation: Planning Director Piasecki explained that the location of the properly is southwest of Hacienda on Burrows, The applicant is requesting a zone change from R-1-10 Lo P-D Planned Development Lo allow the subdivision of 1.46 gross acres (1 net acre) into five equal lots of 8,000 square Feet each, as well as the construction of five single family homes at a size of' between 3,500 and 3,600 square Feet each, including the garage area, The property is surrounded on the north by existing commercial development across Hacienda, on the south by residential with larger lots or greater than 10,000 square feet, Lo the west by residential smaller lots of 6,000 square feet, to the east by a mixture of larger than 16,000 and smaller than 6,000 square foot lots on Magglo Court. The property is currenlly general planned for less than $.5 dwelling units per gross acre, The applicant is requesting five lots where four are permitted. Stafrs concerns include the fact that the land use Intensity Is not consistent with the Intent or the San Tomas Policy and the General Plan, There are design Issues, concerns with the subdivision layout, house sizes, and circulation in terms of vehicles backing on Lo Hacienda. The applicant has requested a continuance for design issues. IL was pointed out that even if all the design issues were corrected, the applicant has made no attempt Lo address the basic General Plan or land use issues. Mr. Piasecki reviewed certain elements of the San Tomas Policy implemented in 1982 and down zoning actions of 1984. Planning Commission -5- July 24, 1990 Staff recommendation is to accept the negative declaration and adopt a resolution incorporating findings, recommendln9 denial of' the applicant's request. Vice-Chairperson Meyer presented the Site & Architecture Review Committee findings. The Committee expressed concerns regarding land use issues as they apply to the San Tomas Policy and the massive architecture of the dwellings for the size of the lots. The Committee recommended denial. The Public Hearing was opened. The applicant, Mr, Kurt Anderson, addressed the Commission and stated his understanding of' the issues. He recluesLed the opportunity to mitigate the architectural and site concerns and re[urn Lo the Commission with the only Issue for discussion being density, whether or not the site Is appropriate for four or five units. Mr. Chat Mallory, 1073 Lucot Way, Campbell, addressed the Commission and stated his support of the staff recommendation for denial and his support for the San Tomas Policy. He stated a concern regarding an in[ended flag lot creating an accidental increase in traffic and density. Mr. Lee Paterson, 1156 Audrey Avenue, Campbell, addressed the Commission and recommended that lhe applicant relurn with a proposal for four units in conformance with the 10,000 square foot minimum lol size. He staled his opposition to anything that would set a precedent that. could be detrimenlal lo lhe San Tomas Policy. MIS Meyer/Wilkinson Motioned Lo continue the application of' K. Anderson, ZC 90- O8/PD !)0-03. until the August 28. t gO0. Planning Commission meeting. Commissioner Alne stated that he would not support the motion for a continuance based on the applicant's statement that he would address architectural and site concerns, but not density prior to returning [o lhe Commission. He recommended that the application be denied unless the applicant states his inlent lo modify the applicalion Lo bring it into compliance with the San Tomas Policy. Commissioner Fox stated that there was a split vote on the Site & Architecture I~eview Committee and LhaL he would have voLed for approval due Lo the fact that the properly is on a major street across from commercial development, is flanked by 6,000 square fool lots and is not in the heart of' a 10,000 square foot lot area. Commissioner Fox staled his support for a continuance. Commissioner Alne pointed out the Io[ sizes of' the immediaLeiy adjacent properties. Commissioner Olszewski stated his support for continuance and requested that staff prepare a street elevation showing how the proposed development would blend in with the neighborhood. VOTE: Ayes: Noes: Abslain: Absent: Commissioners Chrisl, Fox, Perrlne, Meyer, Wilkinson, Olszewskl. Alne. None. None. 3. S 90-06 Sanlos, T. -Public Hearing lo consider the application ot' Mr. Tony Santos for approval of a Site and Architectural application Lo allow Lhe cons[ruction of two single- family residences on property located aL 1187 Audrey Avenue, in an R-1-10 (Single-Family/Low-Density Residential)Zoning District. (Planning Commission action Final, unless appealed.) Chairperson Perrine read the application into lhe record, Planning Commission -6- July 24, lg90 Staff Presentation: Principal Planner Stafford presented the application and pointed out the site plan and elevation drawings displayed on the wall. The zoning is R-1-10, requiring a minimum lot size of' 10,000 square feet. The applicant is proposing a rear flag lot situation. The front lot is slightly over 10,000 square feet, and the rear lot is 12,000 square feet. The building coverage is 31~ for the front lot and 25~ for the rear lot. Both buildings are single story with a height of 16 feet, and parking exceeds the requirements of the zoning ordinance as a three-car garage Is provided for each unit. The density is consistent with the General Plan and the proposed lots conform to Zoning Ordinance requirements. The project Is exempt from environmental review. Staff recommends adopting a resolution incorporating Findings, approving the project, subject to the Conditions of Approval attached to the start report. Vice-Chairperson Meyer presented the Site & Architecture Review Committee findings in support of the applicant's request subject to a revision in the treatment of the chimneys, that they be either brick or stucco, but not a combination. The Public Hearing was opened. Mr. Bruce Johnson, architect, addressed the Commission and Indicated his client's desire to build contemporary structures that fit well in the existing neighborhood. Commissioner Olszewski stated his appreciation for the architecture. Hr. Chat Mallory, 1073 Lucot Way, Campbell, addressed the Commission and stated support of a development that is quite nice and blends well with the neighborhood. He stated that the creation of flag lots should be addressed because of increased traffic and the setting of precedent due to the fact that this will be the first legal flag lot in the neighborhood, Mr. Lee Peterson, 1156 Audrey Avenue, Campbell, addressed the Commission and complimented the architect and developer, indicating that the proposal is an improvement and positive development in the · neighborhood. He cited Ordinance Section 12-1:20 discouraging flag lots. Principal Planner Stafford explained that the Subdivision Ordinance provides for flag lots subject to certain conditions, one being that access to the rear lot must be under the same ownership as the rear lot, with a minimum width of 15 feet, and the lot must be 10% larger than the ordinance requirement for that zoning district. The proposed lots conform to these requirements. PI/S I'leyer/Alne I'lotioned Lo close the Public HeIring. VOTE: Ayes: Commissioners Christ, Fox, Alne, Perrine, Meyer, Wilkinson, OIszewski. Noes: None. Abstain: None. Absent: None. Commissioner Wilkinson stated his support for the project and complimented the applicant for complying with the City ordinance, General Plan and all requirements. H/S Wllklnson/Olszewski I'lotioned Lo Idopt ResoluLion 268;3 IncorporlLing Findings and subjacL Lo CondiLions or Approval. The motion carried unanimously on the following roll call vote: Ayes: Noes: Abstain; Absent: Commissioners Christ, Fox, Alne, Perrine, Meyer, Wilkinson, OIszewski. None, None, None, Planning Commission -7- July 24, lggo 4. V 90-05 Ferguson, T. Public Hearing Lo consider the application of' Mr. Thomas Ferguson for approval of a Variance to the maximum height for a proposed garage on property known as c~10 Hazel Avenue, in an R-1-$ ($ingle-Farniiy/Low-Den$ity Residential) Zoning District, (Planning Commission action final, unless appealed,) Chairperson Perrlne read the application Into the record, Staff Presentation: Planning Director Piasecki presented the application and stated that the variance is being requested because the ordinance allows a maximum of 14 feet for a detached garage and requires the detached garage be located in the back half of the lot. The applicant desires an 18 foot high structure and because of certain necessities on the property, feels the only placement for the structure Is In the front half of the lot,, Staff did flnd extraordinary circumstances which warrant the variance and concurs with the applicant that there are no other viable locations on the property due to the location of existing structures and mature trees, The height Issue on the proposed garage Is necessary to achieve architectural continuity with the main dwelling. Staff recommended approval of application, Commissioner Olszewski requested clarification that the structure is strictly for garage use. Planning Director Piasecki responded that the variance is for a garage structure and is not a use cluestion. Commissioner Olszewski questioned how a conversion to a secondary living unit could be prevented and Planning Director Piasecki responded that a secondary living unit would require a building permit and a review/approval process. Vice-Chairperson Meyer presented the Site & Architecture Review Committee findings that the proposed garage is consistent with the existing structure and recommended approval. The Public HeIring wis ol)ened. · Mr. Tom Ferguson, applicant, addressed the Commission and stated that the addition is for storage and there is no intent to have a secondary dwelling unit. I~1/$ I~leyer/Fox Motioned to close the Public HeIring. VOTE: Ayes: Commissioners Christ, Fox, Alne, Perrlne, Meyer, Wilkinson, Olszewski. Noes: None. Abstain'. None. Absent: None. M/S Alne/Meyer Motioned Lo ·dol)t Resolution 2684, IncorporILing Findings Ind Ipproving Lhe request for · Vlrilnco Lo ·llow In 18 foot high det·ched g·r·ge on the front h·lf of Lhe IoL, subject Lo Conditions of Apl)rovIl. The motion carried unanimously on the following roll call vote: VOTE: Ayes; Noes', Abstain: Absent: Commissioners Christ, Fox, Alne, Perrlne, Meyer, Wilkinson, Olszewski, None. None. None. Planning Commission -8- July 24, 1990 5, UPU g0-0g Abbott, J, Public Hearing to consider the application of Mr. James Abbott, on behalf of' Los Gatos Moose Lodge, for a Use Permit to operate a private club on property located at 559 Westchester Drive, in an I'1-1-S (Light-industrial) Zoning District,. (Planning Commission action final, unless apppealed,) Chairperson Perrine read the application into the record. Staff Presentation: Principal Planner Stafford presented the application, Indicating that the Moose Lodge desires to occupy ;5,850 square feet of floor area for its lodge facilities. There is an indication that the Lodge may, in the future, acquire 2,000 square feet for expansion; however, it is not an issue before the Commission at this time. The applicant is also requesting permission to obtain an alcoholic beverage license from the State as part of its operation as a private club. The Moose Lodge was previously located in the Kirkwood Shopping Center and the move was necessitated by its reconstruction. The proposal is consistent with the Zoning Ordinance which states that prtvate clubs may be permitted in any zoning district subject to a Use Permit. There is no proposal for any modification to the building or landscaping at Lhis time. starts main concern is that of parking. The Lodge use during the work day is minimal, with more intense use on weekends. On site parking provides 18 spaces, 1;5 are available to the Lodge and the remaining 5 are used by an automotive business. There is a Zoning O~dinance requirement of 19 spaces, therefore, the Lodge is 6 spaces short of the ordinance requirement. The Commission's packet contains letters from Ross Engineering Corporation and $-D Manufacturing giving permission for the use of' 1;5 and 6 parking spaces respectively. Staff feels that for the hours the Lodge is in use, there would be sufTicient parking. The application was before the Site & Architecture Review Committee which recommended a continuance because the information provided was not clear enough; however, the applicant has since submitted revised drawings and photographs. Staff recommended approval for a period of six months and the Public Works Department has also requested a review in six months. Commissioner Olszewski questioned Fire Department capacity requirements and Principal Planner Slaff'ord responded thai the application was referred to the Fire Department and their only requirement5 concerned making the existing building work with regard to exit doors and hardware. Vice-Chairperson Meyer presenled [he Site & Architecture Review Committee's recommendation for continuance; however, based on furlher submiltal and the staff report, the Committee recommends approval, The Public Hearing wis opened. Mr. James Abbott, Moose Lodge Governor, presented himself to the Commission to answer any questions. Commissioner Olszewski questioned the unusual location and Mr. Abbott responded that the price was right, the building fits the needs of the Lodge, and is located in a non-residential area. I1/S Alne/lteyer flotioned to close the Public Ho·ring. VOTE: Ayes: Commissioners Chrisl, Fox, Alne, Perrine, Meyer, Wilkinson, Olszewski. Noes: None. Abstain: None. Absent: None. Fox/Olszewskl Ilotioned to Idopt Resolution 2685 Incorporating Findings ·nd approving · Use Permit subject to Conditions. Planning Commission -g- July 24, 1990 The motion carried unanimously on the following roll call vote: Ayes: Noes: Abstain: Absent: Commissioners Christ, Fox, Alne, Perrins, Hayer, Wilkinson, Olszewski. None. None. None. Chairperson Perrins announced a ten-minute break, The meeting reconvened at 9:17 p,m, in the Doetsch Conference Room. 8. Staff' Report Chairperson Perrine introduced Larry Owens and Robyn Hefner, sludenls from San Jose Slate Unlverslly, who assisted In the preparallon of the Water Efficient Landscape Standards. Planning Director Plaseckl reported that Commissioners Olszewskl, Alne and Fox served on the Water Er'ficient Landscape Subcommittee. Larry Owens, Robyn Hafner, and Janis Taylor, San Jose State tnlerns, helped develop the standards, and have prepared a draft report in conjunction with the City and Susan Landry, the City's Landscape Advisor. Planning Director Piasecki indicated that the Public Works Deparlment has requested an opportunity to review the standards prior to their being submitted to the City Council. The slandards apply to private development, rather than public, but may become precedent for public .issues. He stated that the report would be agendized for the August 28 Commission meeting, and agreed that if Public Works had substantive comments on the report, the Subcommillee would be convened prior to the Commission meeting. Chairperson Perrlne and Commissioners Alne and Fox commended the student interns for their time and efforts . Commissioner Alne recommended that the student inlerns also be recognized by the City Council and invited for the Pledge of Allegiance ceremony. I't/S Olszewski/Fox tlotioned that the Water Efficient Landscape Standards be continued to the August 28. 1990 Commission meeting. Vote: Ayes: Commissioners Christ, Fox, Alne, Perrins, l'leyer, Wilkinson, Olszewski. Noes: None, Abstain: None. Absent: None. REPORT OF THE PLANNING DIRECTOR Planning Director Piasecki reported that Item 16 is cancelled. Also, the next Site and Architecture Review Committee meeting was cancelled; however, two landscape plans have been submitted and may require review. Slaff will contact the Committee Lo schedule a meeting. Planning Director Piasecki reminded the Commission of the scheduled joint study session with the Parks and RecreaUon Commission on I'londay, July $0, 1990, at 7:30 p.m. in Room 64 at, the Community Cenler, to discuss the Open Space Element of the General Plan. Planning Commission -10- July 24, 1990 ADJOURNMENT There being no t'urther business, the meeting was adjourned at 9:45 p.m. to an immediate study session tO discuss the Open Space Element of' the 6eneral Plan, subsequently adjourning to a joint study session with the Parks and I~ecreation Commission on Monday, July 30, 1990, al, 7:30 p.m. to discuss the Open Space Element of' the General Plan; subsequently adjourning Lo the next regular Planning Commission meeting on Tuesday, August 28, lgg0, at 7:30 p.m. in the City Council Chambers, 70 North First Street, Campbell, California. APPROVED: Chairperson ATTEST: Secretary RECOI~DED ~~.--- Recording Secretary /