PC Min 09/25/1990PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
7:32 P.M.
CITY HALL, COUNCIL CHAMBERS
MINUTES
Tuesday
September 25, 1990
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:
ROLL CALL
Commissioners Present:
Chairperson Jay Perrine
Commissioner I. (Bud) Alne
Commissioner Robert Dougherty
Commissioner David Fox
Commissioner Alana Higgins
Vice-Chairperson Jane Meyer
Commissioner Mark Wilkinson
Staff Present:
Planning Director Steve Piasecki
Planner I Gloria Sciara
Senior Planner Randy Tsuda
City Engineer Bill Helms
City Attorney William Seligmann
Recording Secretary Marlene Pomeroy
INTRODUCTIONS
Chairperson Perrine introduced and welcomed Commissioners Alana Higgins and
Robert Dougherty, newly appointed by the City Council to serve on the Planning
Commission.
APPROVAL OF MINUTES
M/S: Commissioners Meyer/Alne to approve the minutes of the meeting of
September 11, 1990, as submitted. Motion carried (5-0-2),
Commissioners Higgins and Dougherty abstaining since they were not
appointed Gommissioners at the time.
COMMUNICATIONS
Planning Director Piasecki noted the following communications included in the
agenda packet:
(1) Mr. Richard VanLeeuwen, 845 Harriet Avenue, re planned development
for disabled senior citizens on Harriet Avenue.
(2) Ronald and Carol Mowry, 855 Harriet Avenue, re planned development
for disabled senior citizens on Harriet Avenue.
(3) Referral from City Council regarding petition from Crockett Avenue
residents re hobby kennel at 948 Crockett Avenue.
On order of the Chairperson, Items 1 and 2 were noted and filed, and Item 3
will appear on a future Planning Commission agenda.
Planning Commission
Minutes
September 25, 1990
Page 2
AGENDA MODIFICATIONS OR POSTPONEMENTS
Chairperson Perrine announced that the Applicant for Agenda Item No. 2 has
requested a one month continuance.
ORALR_~_Q_UESTS
There were no oral requests.
CONSENT CALENDAR
1. Chairperson Perrine announced the resignation of Commissioner Fox and the
appointment of Commissioner Alne to the Site and Architectural Review
Committee. Commissioner Meyer will continue to serve as Chairperson of
the Committee.
PUBLIC HEARINGS
2. ZC 90-08/
PD 90-02
Anderson, K.
Continued Public Hearing to consider the application of
Mr. Kurt Anderson for approval of a Zone Change from
R-i-10 (Single-Family Residential) to PD (Planned
Development); and approval of a Planned Development Permit
to allow the construction of 5 single-family homes on
properties located at 1265 and 1271 Burrows Road in an
R-i-10 (Single-Family Residential/Low-Density, less than
3.5 units per gross acre) Zoning District. APN: 403-16-007
and 008.
Chairperson Perrine read the Application into the record.
Planning Director Piasecki reviewed the Application and indicated that it has
been continued from three previous meetings. At the last meeting, the
Commission indicated a desire to see significantly reduced building sizes.
Mr. Anderson, in an attempt to satisfy the Commission's recommendation,
requests a one month continuance until the October 23, 1990, Planning
Commission meeting. Staff recommended a one-month continuance.
The Chairperson declared the Public Hearing opened.
Commissioner Dougherty questioned whether the proposal will continue to
contain five buildings and whether or not it is possible to notice additional
properties in the R-i-10 Zoning District. Planning Director Piasecki
responded that State law requires noticing all property owners within 300 feet
of the perimeter of a proposed development and it is the Planning Department's
policy to use this requirement as a minimum whether or not noticing is
necessary. Publication in the newspaper also occurs.
Kurt Anderson, applicant, addressed the Commission and stated his concurrence
with staff's recommendation for a one month continuance. He added that he is
working diligently to reduce the size of the structure to between 2,200 and
2,400 square feet, and reduce the setbacks. He also requested that noticing
remain to only within 300 feet of the development because enlarging the
noticing area could set a precedent for future projects.
Planning Commission
Minutes
September 25, 1990
Page 3
Commissioner Fox stated that this project sits on the edge of the R-i-10
Zoning District and expressed his opinion that it is not necessary to notify
property owners not affected by the development.
M/S: Commissioners Meyer/Fox to continue the Public Hearing on ZC 90-08/PD
90-02 to the October 23, 1990, Planning Commission meeting carried
unanimously (7-0-0).
3. PD 90-05
Pucci, J.
Continued Public Hearing to consider the application of Mr.
Joe Pucci, Jr., for a Planned Development Permit to allow a
second dwelling and an addition to an existing dwelling on
property located at 176 East Rincon Avenue, in a PD
(Planned Development) Zoning District. APN: 412-06-066.
Planning Director Piasecki reported that this application was continued from
the September 11, 1990, Planning Commission meeting due to the fact that the
applicant was unable to attend. He clarified that the application is to allow
the construction of a second residential dwelling unit on a site with one
single family residence in existence, and to allow an add-on to the existing
single family residence. An aerial map and architectural renderings were on
display. The property consists of .21 gross acres, .17 net acres, or 7,350
square feet. The property is surrounded by similar single family residential
uses with the exception of a church and day care center across the street to
the north. The site is designated for low-medium density residential uses
which allows development at 6-13 units per gross acre. The proposal is for
development at 9.5 units per gross acre, which is consistent with this2density
range. The site is zoned PD (Planned Development District) and the proposed
project is consistent with the zoning designation.
Planning Director Piasecki pointed out that there are no major issues to this
proposal, and that as a condition of approval the existing five foot pepper
tree will be examined and if found to be healthy, retained and protected
during construction. Parking is consistent with the R-1 Zoning Ordinance
requirements. Design of the structures is deemed to be compatible with the
surrounding neighborhood. Staff recommended approval of the application
subject to findings and conditions as outlined in the staff report.
Vice Chairperson Meyer reported that the Site and Architectural Review
Committee is supportive of the proposal with modification to the gable roof
over the entry and that the landscape plan be submitted to the Committee for
review. Based on these conditions, the Committee recommended approval.
The Chairperson declared the Public Hearing opened.
Mr. Joe Pucci, Jr. indicated his agreement to the conditions of approval.
Commissioner Wilkinson questioned the aplicant's ability to, in the future,
seek a subdivision creating a flag lot. Planning Director Piasecki responded
that the option is available to the applicant; however, because the access
driveway provides parking for both houses, it would be appropriate to record
Planning Commission
Minutes
September 25, 1990
Page 4
an easement over the flag access corridor. Chairperson Perrine commented that
the area in which this property is located was recently down-zoned to attract
this particular type of development.
M/S: Commissioners Alne/Meyer to close the Public Hearing carried
unanimously (7-0-0).
M/S: Commissioners Alne/Meyer to adopt Resolution No. 2699, incorporating
findings, and recommending approval of a Planned Development Permit,
plans, elevations, development schedule and conditions of approval to
allow the construction of a second single-family dwelling unit and an
addition to an existing single-family dwelling unit on property
located at 176 E. Rincon Avenue, in a PD (Planned Development) Zoning
District (PD 90-05) carried unanimously by the following roll call
vote:
AYES:
NOES:
ABSENT:
Commissioners Alne, Higgins, Fox, Wilkinson, Dougherty,
Meyer, Perrine
None
None
ZC 90-09/
PD 90-04
Anderson, K.
Continued Public Hearing to consider the application of Mr.
Kurt Anderson for approval of a Zone Change from R-3-S
(Multiple-Family/High-Density Residential) to PD (Planned
Development); and approval of a Planned Development Permit
to allow the construction of 4 townhomes on property
located at 875 Apricot Avenue, in an R-3-S
(Multiple-Family/High-Density Residential) Zoning
District. APN: 412-12-001.
Gloria Sciara, Planner I, reviewed the Application, indicating that this
application was continued from the September 11, 1990, Planning Commission
meeting due to concerns and requirements raised by the Commission, staff and
residents adjacent to the subject property. Issues raised included massing of
the rear building, a ten foot dedication along Apricot Avenue, and light and
air impacts of the proposed development on the adjacent properties. The
applicant has submitted revised site plans, increased the side yard size along
the eastern property line, provided an eight foot high fence along the
perimeter of the property, removed windows along the rear elevation, and
provided additional landscaping along the rear and eastern property lines. By
the addition of the ten foot dedication, there is now a deficit of two parking
spaces, whereas initially there was a one space deficit. Staff is supportive
of a deficit of one space and has red-lined the plans indicating an additional
parking space along Apricot Avenue. Ms. Sciara pointed out that this is a
two-story development in an area surrounded by three-story development. The
proposal is consistent with the General Plan and Zoning and is complementary
to developments in the neighborhood. The applicant has responded to the
concerns of the neighbors, the Planning Commission and staff. Staff
recommended referral to the City Council for approval subject to conditions.
Planning Commission
Minutes
September 25, 1990
Page 5
Vice Chairperson Meyer reported that, based on the developer's response to
previous concerns, the Site and Architectural Review Committee recommends
approval of the proposal. The Committee expressed concern regarding a deficit
of one parking space; however, the additional landscaping outweighed the loss
of one parking space.
The Chairperson declared the Public Hearing opened.
Mr. Kurt Anderson, the applicant, appeared before the Commission and expressed
appreciation to Planning Director Piasecki and staff for the many hours spent
on this project. The modifications were a direct result of input from
adjacent neighbors and staff. His client has reviewed the conditions of
approval and finds them acceptable.
Commissioner Wilkinson questioned whether the Site and Architectural Review
Committee considered the five foot setback in conjunction with the two-story
stucco side of the building, and an eight foot fence. Vice Chairperson Meyer
responded that in comparison to the three-story development in close
proximity, these are spacious yards and a much nicer development.
Barbara Burns, 903A Apricot Avenue, expressed confusion over the term "three
story" adjacent units when, in her opinion, there are only two story units.
Planning Director Piasecki acknowledged that there are both two and three
story units in the immediate vicinity.
M/s:
Commissioners Alne/Meyer to close the Public Hearing carried
unanimously (7-0-0).
Commissioners Fox, Alne and Wilkinson complimented the applicant for his
response to the concerns expressed by the Site and Architectural Review
Committee and the neighbors. It was pointed out that the applicant chose to
develop only 14 units where 21 are allowed. With reference to Condition #2,
it was the consensus of the Commission that the landscape plan be reviewed by
the Site and Architectural Review Committee rather than the Commission.
M/S:
Commissioners Fox/Meyer to adopt Resolution No. 2700 recommending
approval of a zone change from R-3-S Multiple-Family, High Density
Residential to PD (Planned Development) for property located at 875
Apricot Avenue; and Resolution No. 2701 recommending approval of a
planned development permit, plans, elevations, development schedule
and conditions of approval to allow construction of four townhomes on
property located at 875 Apricot Avenue, in a PD Zoning district,
carried unanimously on the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners Alne, Higgins, Fox, Wilkinson, Dougherty,
Meyer, Perrine
None
None
Planning Commission
Minutes
September 25, 1990
Page 6
5. GP 90-05 Public Hearing to consider a General Plan Amendment to
City-initiated the Open Space Element of the General Plan.
Chairperson Perrine read the Application into the record.
Planning Director Piasecki provided background information regarding the City
Council's direction to begin a review of the Open Space Element of the General
Plan. The existing element was adopted in 1978 and therefore out of date, and
the Campbell Union School District Facility Advisory Committee released a
report in October 1989 which recommended the sale of certain district
properties which would impact open space facilities within the city. The City
Council requested, and the School District Board of Trustees agreed, to
withhold action on the Facilities Report for one year to allow the City time
to prepare a revised Open Space Element to the General Plan. The purpose of
reviewing the Open Space Element is to evaluate the impact of the District's
recommendations in terms of the available open space in the community.
Mr. Piasecki stressed the fact that the Open Space Element is a long-range
policy document which provides a framework for City action and does not
provide specific solutions to open space issues. It recommends that the City
Council develop an acquisition program to guide future purchases of park land
based on neighborhood need and currently available land. The acquisition
program will be adopted outside of the Element.
When the Council requested the one year time frame for review of the Open
Space Element, they also requested staff to devise a mechanism to keep
organized sports groups apprised of the progress on the preparation of the
Element. Representatives from City staff, including the Planning Department,
Community Services, and Public Works met with a Task Force comprised of
representatives from organized sports, the School District and Chamber of
Commerce.
At this meeting, the Commission is being requested to receive public
testimony, discuss the element structure and provide direction to staff for
changes the Commission desires incorporated into the next draft. The
Commission can continue the Public Hearing to October 23, to review the
incorporation of the comments and suggestions made at the meeting, and at that
time make a recommendation to the City Council. Mr. Piasecki also informed
the Commission that the Parks and Recreation Commission will be holding a
Study Session on September 27, 1990, to discuss the Draft Open Space Element.
Commissioner Alne questioned whether the School District Board delayed acting
on the Facility Advisory Committee's recommendations so that the City could
come to a decision whether or not to take advantage of its rights under the
Naylor Act. Mr. Piasecki explained that the Naylor Act is a State law that
allows cities to buy open space land at 25% of its market value. The city,
however, can only acquire the open space portion of the school facility, not
buildings. He stated that the City Council's request to allow time to review
the Open Space Element policy structure was to enable the Council to be in
better position to respond to the Facility Advisory Committee's
recommendations.
Planning Commission
Minutes
September 25, 1990
Page 7
Randy Tsuda, Senior Planner, reviewed the components of the existing Element
adopted in 1978. Since the adoption of the 1978 Element, the City acquired
the Community Center site and was successful in the development of the Los
Gatos Creek Trail. The 1978 Element contained a standard of four acres of
park land per 1,000 population, while in actuality the ratio was 2.1 acres per
1,000 population. Today the ratio remains at 2.1 acres per 1,000 population
even though the City has acquired 11 acres of usable open space. As a means
of implementing the 1978 element, the City began collecting Park Dedication
Fees in 1983; fees paid by developers to offset the impact of new development
on open space facilities. $350,000 has been collected since 1983, and has
been spent on the Community Center, and Morgan and Campbell Parks.
Mr. Tsuda reviewed the following major sections of the Draft Open Space
Element:
(1) General Description, including the State requirements for General
Plan and Open Space Elements;
(2) Background information, including the 1978 Element and funding the
City has used in the past, projections for future funding, as well as
an inventory for open space resources;
(3) Major issues the City will address in terms of open space
requirements, including the need to generate additional open space
funding, and the different standards that the City can enact within
the Draft Element; and
(4) Goals, Policies and implementation measures.
Mr. Tsuda pointed out that staff is proposing to retain the four acre per
1,000 standard and believes this historical position is realistic given the
financial constraints the City has for open space. He pointed out that the
City is 97% built out.
Initial questions from the Commission concerned whether the Draft Element
should include a definition of usable open space, the horizontal transfer of
Naylor rights, and a requirement to provide more open space in any proposed
development near the Los Gatos Creek Trail.
On order of the Chairperson, the Commission recessed at 8:45 p.m.
The Commission reconvened at 8:55 p.m.
The Chairperson declared the Public Hearing opened.
Dennis Belluomini, representing the Campbell Little League, addressed the
Commission, pointing out an inconsistency in the wording, vis-a-vis "Direct
the City to pursue an Agreement with the School District on the disposition of
school land," and Item 1.2 under Implementation Strategies, "Consider the
possibility of an agreement with local school districts..." Mr. Belluomini
suggested an emphasis on the words "direct, strive, or pursue" when moving
forward with an agreement with the school district.
Planning Commission
Minutes
September 25, 1990
Page 8
Roger Clapp, representing the Quito Little League, addressed the Commission
and expressed concern with maintaining a standard slightly lower than
recommended and questioned the justification considering that the City is 97%
built out. Mr. Clapp suggested aiming for a goal of six acres per 1,000
population so that in 10 years when the population is more dense and land is
less available, it might be possible to maintain a 5 acre per 1,000 standard.
He stated that staff is being overly conservative and should be aggressive in
proposing a goal closer to what the community would like to see. Mr. Clapp
also questioned the accuracy of the numbers shown in Appendix C and stressed
the importance of acquiring parcels as large as possible to accommodate the
various sports programs currently using school facilities. Mr. Clapp
suggested that the City pursue other funding sources for land acquisition to
reach the higher standard.
Jim McCauley, representing the Quito Little League, addressed the Commission,
questioned the time table for Commission and Council review of the Draft
Element, and requested an opportunity for more thorough review prior to the
Commission making a recommendation to the City Council. Chairperson Perrine
clarified that staff is recommending that the Public Hearing be continued to
the Planning Commission meeting of October 23, which should provide adequate
time for review. Mr. Tsuda added that any member of the Commission or the
public is welcome to submit comments and/or suggestions in writing to staff
prior to the October 23 meeting. He further clarified the schedule,
indicating that if the Planning Commission makes a recommendation to the City
Council on October 23, the Draft Element would be agendized for a Public
Hearing at the November 5 City Council meeting, followed by adoption at the
November 20 Council meeting.
Mr. McCauley pointed out that the Quito Little League provides a sports
activity for approximately 500 children and has been in existence for 30
years. He also stated his understanding that the San Tomas field used by
Quito Little League was granted to the school district for use by the League,
and he questioned whether there were any provisions in the grant that the land
was always to be available for use by the League. He also pointed out the
significant financial investment the League has made at the field, as well as
Campbell Little League~s investment at Rosemary School and that the youth
sports groups could not afford to acquire any property.
Mr. McCauley also suggested using stronger language such as "mandate, demand,
or require" rather than "encourage". Commissioner Fox, however, pointed out
that the Commission cannot demand, require or mandate the City Council or any
other entity. He also pointed out that many of the sites used by the various
sports organizations are within the Campbell school district, but are not
within the City limits.
Ralph Steinberg, Chairperson, Governing Board, Campbell Union School District,
addressed the Commission and introduced Boardmember Del Tucci and
Superintendent Marcia Plumleigh. Mr. Steinberg presented a Position Paper on
the Open Space Element Study dated September 25, 1990, and apologized for
presenting the paper at the meeting without the opportunity for prior review
by staff and the Commission. He indicated that the Position Paper was drafted
by the Board as a whole and represents the Board's response to the Open Space
Element Study.
Planning Commission
Minutes
September 25, 1990
Page 9
Mr. Steinberg stated that the Board shares the laudible goal of the City to
preserve open space and recreational opportunities for its citizens. It has
concerns, however, with implementing the goal and how implementation relates
to public policy issues.
Mr. Steinberg gave the history behind the Facility Advisory Committee's
report, stating that the report had been accepted by the Board but not acted
upon because of the City's request for a postponement. He pointed out the
following main conclusions of the Facility Advisory Committee's report:
1)
The District's structures and facilities need to be significantly
improved.
The Governing Board should consider disposing of portions of open and
landbanked sites not required for school district operations.
The District's surplus properties are assets that have the potential
to generate necessary revenues to upgrade the District's aging
facilities and create state-of-the-art learning environments.
The District should cooperate with and assist the City and other
local jurisdictions in relocating those recreational facilities (such
as Campbell and Quito Little League and Quito Bobby Sox) currently
located on surplus District property.
Mr. Steinberg reiterated the Board's support for the City's goal of providing
open space, however, recognizes that there are shared concerns in terms of
preserving open space and meeting recognized needs. The solutions will
require shared responsibilities, shared costs, and working on a cooperative
basis. The Board desires to maintain a very open dialogue with City staff and
the City Council in addressing the needs and sharing the burden.
In response to Commissioner Fox's question regarding the District's facilities
plan, Mr. Steinberg stated that, without capital improvements, the District
projects costs of $19 million for maintenance needs. He pointed out that
today it costs $8 million to build a new school, and to open a closed school
costs $1 million. Superintendent Plumleigh added that the District has a
10-year $70 million Facilities Plan.
Mr. McCauley stated his opinion that no one is prepared to sacrifice education
for sports. He indicated that there appears to be a reasonable amount of
monies to be secured from the disposition of school property and at a minimum
the sports organizations would like to insure that they get more than an
encouragement by the City Council and a willingness by the School Board to
discuss the issues.
Mr. Jim Sager, a San Tomas neighborhood resident and former member of the
Quito Little League, expressed a sincere desire to see the San Tomas School
site remain as open space, more importantly for the neighborhood than for the
sports activities.
Commissioner Alne referred to the Implementation Strategies and pointed out
the lack of emphasis in the usage of the phrase "consider the possibility."
He suggested that the report should be more specific in its recommendations,
i.e., whether or not to utilize Naylor rights, where, for how long; whether or
Planning Commission
Minutes
September 25, 1990
Page 10
not maintenance and use agreements should be used rather than evaluated;
rather than using the phrase "periodically", recommend a specific time frame;
and how "supporting the efforts of other agencies" is manifested.
Commissioner Alne expressed reservation with the City exercising its Naylor
rights when the School District can receive significantly more money selling
properties commercially.
Commissioner Fox recommended prioritizing the available sites for open space
so that the maximum amount of land could be purchased with the minimum amount
of dollars, or that the City inform the School District as to which sites they
might be interested in. Mr. Tsuda pointed out that staffWs recommendation
will include the adoption of an acquisition program separate from the Open
Space Element, to be used as an implementation measure.
Chairperson Perrine stated that anyone wishing to comment on the Draft Element
should submit their comments in writing to the Planning Department prior to
the next hearing date (October 23).
Commissioner Dougherty also requested more specificity in the report and
recommended the inclusion of an implementation measure that City staff work
with appropriate groups in the city to develop funding priorities.
Mr. Tsuda stated that, based on the discussion at this meeting, he will
include the following issues in the next draft: (1) quantify how much it
would cost to reach the four acre per 1,000 population standard, state what
the shortfall is and include a policy or implementation measure asking the
Council to consider a financing plan to remedy the shortfall; (2) include more
specificity; and (3) mention financing open space using utility taxes, bonds,
and other sources.
M/S: Commissioners Alne/Meyer to continue the Public Hearing on the
General Plan Amendment to the Open Space Element (GP 90-05) to the
October 23, 1990 Planning Commission meeting carried unanimously.
REPORT OF THE PLANNING DIRECTOR
The September 25, 1990, report of the Planning Director was accepted.
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:30 p.m., to
the next regularly scheduled Planning Commission meeting on October 9, 1990,
at 7:30 p.m., in the City Council Chambers, 70 North First Street, Campbell,
California.
ATTEST:
RECORDED.~Z/~~-~7~-
Recording Secretar~
APPROVED:
Chairperson