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PC Min 10/09/1990PLANNING COMMISSION 7:30 P.M. CITY HALL, COUNCIL CHAMBERS TUESDAY OCTOBER 9, 1990 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: ROLL C~TZ.: commissioners Present: Chairperson Perrine Commissioner Alana Higgins Commissioner David Fox Commissioner Jane Meyer Commissioner Mark Wilkinson Commissioner Robert Dougherty Commissioners Absent: Commissioner I. (Bud) Alne, excused Staff Present: Director of Planning, Steve Piasecki Planner I, Gloria Sciara City Attorney William Seligmann Traffic Engineer, Bill Helms Karon Shaban, Recording Secretary APPROVAL OF THE MINUTES: ON MOTION OF COMMISSIONER MEYER, SECONDED BY COMMISSIONER HIGGINS, THE PLANNING COMMISSION MINUTES OF THE MEETING OF SEPTEMBER 25, 1990, WERE UNANIMOUSLY APPROVED, AS SUBMITTED. COMMUNICATIONS: Planning Director Piasecki informed the Commission that items of communication were included in the Commission packets and pertain to items listed on the agenda, he noted the Home Occupation Permit distributed at this meeting is pertinent to Item No. 2, Hobb~ Kennel at 948 Crockett Avenue. ORAL REOUESTS There were no oral requests. PUBLIC HEARINGS: 1. PD 90-06 T. Born Public Hearing to consider the application of Mr. Ted Borns, for approval of a Planned Development Permit to allow construction of 5 townhomes on property located at 80 Dot Avenue, in a PD (Planned Development/Medium Density Residential, 14-20 Units per gross acre) Zoning District. APN: 305-30-004. Planning Commission Minutes -2- October 9, 1990 Chairperson Perrine read the Application into the record. Director Steve Piasecki reviewed the Application and discussed the Staff Report. An aerial map and architectural renderings were presented. He presented the following information: - The applicant's request - Net and gross acreage - Location - Surrounding neighborhood - General Plan and Zoning Density - Building area and floor coverage - Parking deficit of one space - Staff's recommendation for approval. Further, he explained that the architectural style was a concern of the staff, Site and Architectural Review Committee and the Architectural Advisor. He stated that the applicant has addressed the concerns and pointed out that a revised architectural design has been submitted by the applicant which proposes stucco siding with a flat concrete style roofing material which is more in keeping with neighboring developments. In response to a question from Chairperson Perrine, Mr. Piasecki indicated that the parking deficit of one space was not a major issue. The project, being developed at the lower end of the allowable density range, allowed the deficit to be taken from the provided guest parking spaces. Commissioner Meyer reported on the Site and Architectural Review Committee's discussions noting that the Committee is recommending approval of the revised plans. The Chairperson declared the Public Hearing on PD 90-06 open. ON MOTION OF CO~9[ISSION~EYE~, SECONDED BY COI~(ISSIONE~ IS WAS UNANIMOUSLY ORDEI~THATTHEPUBLICHEARING BE CLOSED. Commissioner Fox commended the applicant for the lower density design of the project, and the larger backyards that were provided.~ FOX, MEYER MOTION TOACCEPT T~R. NI~GATIVE DECLARATION PREPAI~R~ FOR THIS PROJECT ANDADOPTRESOLUTION NO. 2702, APPROVING T~R APPLICATION OF~R. TED BORNS, FOR A PLANNED DEVELOPMENTPERMITTO~?ZOW CONSTRUCTION OF 5 TOWNHOMES ON PROPERTY LOCATED AT 80 DOT AVENUE, INA PD (PLANNED DEVELOPMENT) ZONING DISTRICT, WAS UNANIMOUSLY APPROVED BY ~ FO?flOWING ROI~C~. VOTE: AYES: Commissioners: Fox, Higgins, Meyer, Wilkinson, Dougherty, NOES: Commissioners: None. ABSENT: Commissioners: Alne Planning Commission Minutes -3- October 9, 1990 MISC~W~TEOUS UP 89-22 City Council Referral Consider petition from Crockett Avenue Neighborhood residents, referred from City Council, dated September 21, 1990, for review of a previously approved Use Permit to allow the operation of a Hobby Kennel on property located at 948 Crockett Avenue, in an R-1 (Single-Family Residential) Zoning District. Chairperson Perrine read the City Council referral into the record. Planner I, Gloria Sciara reviewed the petition signed by nine residents requesting that the previously approved Use Permit be revoked; and, a previously approved Home Occupation Permit. She discussed the misunderstanding between uses associated with the two permits. Ms. Sciara discussed the Staff Report and the aerial location map illustrating the residential locations of persons who signed the petition. Further, she noted Staff's recommendation is that the Planning Commission direct Staff to issue a Notice of Non-Compliance to the owner of the hobby kennel, based upon the following: - Current use is not consistent with the definition of a Hobby Kennel on the approved Use Permit - Home Occupation Permit was approved for office use only, no commercial breeding, selling or training of dogs was approved. After review of the aerial location map, Commissioner Fox pointed out that only one of the petitioners live adjacent to the subject property. Ms. Susan Maj, Hobby Kennel operator, addressed the Commission commenting, as follows: - Fencing around recently developed neighboring project has not been complete, as approved - Petitioners' concern was prompted by article in th~ Mercury News Paper relating to increased street parking in the City of Campbell - Disturbance by dogs barking not caused by her dogs, rather by surrounding residents' dogs - Her dogs are locked up inside at night and kenneled during the day - Increased traffic is from new projects and shopping centers in the area - Increased street parking is partially due to disabled vehicles owned by adjoining neighbors - People attending her dog training classes walk to and from her house with their dogs on a leash - Local trash and debris is caused from over-flowing trash receptacles placed on the streets uncovered and the over-flow of local shopping center trash bins - Excessive flies are caused by neighboring rabbits Planning Commission Minutes -4- October 9, 1990 Her premises are kept clean in order to avoid K9 diseases Adjoining neighbors trespass and leave her gate unlocked Concluded that her dog training classes are very successful The fence between her property and a neighboring property was removed without consulting her. Discussion between Staff and Commissioners ensued relating to the following: Amount of dogs allowable to anyone in a residential area Conducting dog training classes in public parks Whether approved Use Permit allows the training classes Ms. Maj stated that the previously approved Use Permit, in conjunction with the Home Occupation Permit, allowed dog training classes on the premises. Ms. Sciara stated that Hobby Kennel Use was defined in the Use Permit and does not address dog training classes. Commissioner Fox asked if the current use is in conformance with the approved use, and Director Piasecki stated that it is not. Further, the Director stated that Staff could meet with the business operator to discuss bringing the business into compliance. In response to a question from Commissioner Wilkinson relating to breeding on the premises, Ms. Sciara stated that the approved use states that no "commercial" breeding shall be allowed on the premises. Commissioner Wilkinson stated that City Ordinance allows home owners in residential areas one litter per year and queried relative to fairness of the approved Use Permit. He stated that it would not be appropriate to require stricter standards for Ms. Mai than would be required for other residents in similar zoning districts. Commissioner Wilkinson asked Ms. Maj %f she provides a breeding service to others for money, or training classes for money which would constitute a "commercial" use of the property. Ms. Maj stated that although, she does assist people who have problems breeding their dogs and that the end result is a litter, she does not charge for the service and does not sell the puppies from the litter. Commissioner Fox asked if dogs were boarded at the premises and Ms. Sciara responded that Ms. Maj told her that she has cared for someone else's dog on one occasion as a favor. Relating to the unsanitary conditions alleged by the petitioners, Ms. Sciara stated that an inspection of the premises revealed clean and sanitary conditions. Planning Commission Minutes -5- October 9, 1990 Discussion ensued between Commissioners relating to the removal of the side propertyline fence and the City Attorney was asked if the fence was jointly owned and if the removal of the fence between the business operator and her neighbor could be legally addressed. Mr. William Seligmann, the city Attorney, stated his reluctance to advise the business operator of possible legal actions, however, he stated that if no owner of the fence was specified, the fence is jointly owned. Noreen Grubb, 940 Crockett Avenue, requested that the Commission revoke the Hobby Kennel Use Permit alleging that Ms. Mai is in violation of the permitted use, noting the following: Dog breeding on the premises Dog sales from the premises Dog training classes are conducted twice a week on the premises Neighborhood noise disturbances at 5:00 a.m., are from excessive barking by dogs residing at the subject property Several complaints made to Ms. Maj and to the Campbell Police Department were not responded to Recently two litters were being sold from the premises. Mrs. Grubb presented a recent Mercury Newspaper advertisement soliciting the sale of puppies. She stated that it listed the c~ntact person's telephone number and that the number is the same as the business operator's telephone number. Further, she presented a yellow page advertisement for Ms. Maj's dog training classes also listing the telephone number of Ms. Maj. Mr. Max Alford, 1323 Elam Avenue, requested that the Commission revoke the Hobby Kennel Use Permit due to excessive noise from barkin~ dogs. He reminded the Commission that the permit had a six month review clause to investigate whether any problems would occur with this use in a residential area, and stated that there are problems. He noted the following impacts relating to the dog training classes: - Street parking - Increased traffic in the area _~ Commissioner Wilkinson asked how Mr. Alford could determine where the noise from dogs barking was coming from, since the home located nearest to him has three dogs. Mr. Alford stated'that he could determine that the noise disturbance was not coming from a close distance. Mr. Joe Alai, owner of nearby shopping center, addressed the Commission relating to allegations made by Ms. Maj that trash and debris in the neighborhood is from his trash bins. He stated that her argument was not valid since his dumpsters are fenced behind locked gates, covered and too high for dogs to get into. Mr. Alai noted that people atten4ing the training classes, park at his shopping center and allow their dogs to relieve themselves prior to walking on leash to Ms. Maj's home. Planning Commission Minutes -6- October 9, 199U Further, Mr. Alai raised the question whether a residence is allowed to have one litter per year per dog, or just one litter per year per residence. Considerable discussion between the petitioners and the business operator ensued and Chairperson Perrine ceased public comment directing Staff to schedule a meeting with the business operator in order to resolve concerns raised regarding compliance to the Use Permits. Commissioner Wilkinson asked Ms. Maj to comment on the two advertisements presented by Mrs. Grubb, pointing out that these ads indicate a commercial use is being conducted on the premises. In response, Ms. Maj stated that she has sold two puppies out of the one litter she has had during the year. M/S: Fox, WiLkinson MOTION TO DIRECT STAFF TO ISSUE A NOTICE OF NON-COMPLIANCETOTHEOWNEROFTHEHOBBYKENNRr. TO CORRECT ANYVIOLATIONS OF THE USE PERMIT, WAS UNANIMOUSLY APPROVED. .REPORT OF ~ PLANNING DIRECTOR Mr. Piasecki, Planning Director, briefly reviewed the Report of the Planning Director and the report was accepted. Commissioners commended Randy Tsuda and Curtis Banks for their efforts in preparing the High-Density Housing handbook. ADJO~ The regular Planning Commission meeting was adjourned at 8:42 p.m., to the next regularly scheduled Planning Commission meeting of October 23, 1990, at 7:30 p.m., City Hall Council Chambers, 70 North First Street, Campbell, California. ATTEST: APPROVED: Steve Piasecki, Secretary Jav R. Perrine. Chair SUBMITTED BY: ~aron Shaban, Reportinq Secretary