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PC Min 06/13/1989 PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 P.M. June 13, 1989 MINUTES The Planning Commission of the City of Campbell convened this day in regular session, at 7:37 p.m., in the City Hall Council Chambers, 70 N. First Street, Campbell, California. ROLL CALL Present Commissioners: George Kasolas, Jay Perrine, Ronald Christ, James Walker, DuWayne Dickson, and Bruce Olszewski; Planning Director Steve Piasecki, Principal Planner Phil Stafford, Engineering Manager Bill Helms, City Attorney William Seligmann, and Recording Secretary Karon Shaban. Absent None Chairman Olszewski noted that due to health and employment concerns, Commissioner Stanton submitted a letter of resignation effective June 1, 1989. APPROVAL OF MINUTES Commissioner Christ amended the presented minutes, as follows: Page 3, paragraph 2 - "Commissioner Christ queried whether a traffic report had been prepared to reflect the higher density of 13 units per gross acre. M/S: Walker, Christ That the Planning Commission minutes of the meeting of May 23, 19,~___~_a_p.?_roved as amended above (motion carria~l~~ was not present on the May 23, 1989, minutes. COMMUNICATIONS Director Piasecki reported that the Planning Department has received additional items of communication relative to PD 89-03; and, a letter from Commissioner Dickson informing the Commission of his intent not to request re-appointment to the Planning Commission when his term expires ~~~:~ ~ There were no Oral Requests. SUBCOMMITTEE REPORTS Chairman Olszewski addressed Item No. 9, Election of the Vice Chairman, at this time to enable Commissioner Walker to leave early due to family illness. Planning Commission Minutes - 2 - June 13, 1989 Commissioner Kasolas nominated James Walker for the Vice Chairperson's position Commissioner Walker declined; subsequently, the motion was withdrawn. M/S: Walker, Kasolas - That Commissioner Jay Perrine be nominated for the position of Vice Chairman of the Commission. Motion carried unanimously (5-0-1, Commissioner Perrine abstaining). M/S: M/S: Kasolas, Walker - Kasolas, Christ - That nominations be closed. Motion carried unanimously (6-0-0). That, by acclamation of th~Commissioner Jay Perrine replace former Commissioner Stanton as Vice Chairman of the Planning Commission for the remainder of his term, commencing this date, June 13, CONSENT CALENDAR Request for reinstatement of previously approved Planned Development Permit allowing construction of a 42 unit apartment on property known as~~ ~~¥~in a PD (Planned Development/ Medium Density Residential) Zoning District. Principal Planner Stafford reviewed the Staff Report of June 13, 1989, noting Staff is recommending approval based on the finding that there have been no zoning changes in the area. He noted that the reinstatement includes the revised Development Schedule amending the date for beginning construction to May 30, 1990, and that the project completion date be amended to December 31, 1990. Mr. Stafford responded to Commissioner Perrine's query regarding the redlining and Chairperson Olszweski's query regarding the possible requirement of the Public Works Department relative to the provision of a traffic signal. He stated that the redlining was included in the previous approval and that there have been no comments from the Public Works Department requesting that a traffic signal be part of the approval process. Mary Beth Fitzpatrick, 63 Dot Avenue, opposed the reinstatement, noting lack of on-street parking, no provision for a traffic signal, and project density as concerns. Further, Ms. Fitzpatrick expressed her concern regarding lack of notification relative to this project being placed on the agenda. Discussion ensued between Commissioners Dickson, Kasolas and the Staff regarding the public notice concern. City Attorney Seligmann informed the Commission that public notice is not required upon first request for reinstatement, either by due process or by State and City ordinances. Planning Commission Minutes - 3 June 13, 1989 Commissioner Christ reported that the Site and Architectural Review Committee supports the reinstatement; however, should this item come back at a future date requesting reinstatement it should be considered as a new application. M/S: Perrine, Christ - That the~lanning ~mmission~ove the ~uest of Mr. R. Dubcich, ~cept the~vised~elopment ~edule, and~state the~mnned ~elopment ~it allowing construction of 42 apartment units on property known as 464 W. Campbell Avenue, in a PD (Planned Development/Medium-Density Residential) Zoning District, including the finding that there have been no changes in the General Plan or Zoning on the above-referenced property. Discussion on Motion Commissioner Kasolas supported the request based on City policy to reinstate when no changes to the General Plan or Zoning designations are indicated, and when City standards indicate that the Planning Commission has authority to grant a reinstatement for a period of one year. Commissioners Walker and Dickson indicated opposition based upon the density of the project. Vote on Motion Motion carried with the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Kasloas, Perrine, Christ, Olszewski Dickson, Walker None Chairman Olszewski informed Ms. Fitzpatrick of the appeal procedure. PUBLIC HEARINGS Public hearing to consider the application of Mr. Terry Burtz approving a ~.~ce to the 1,000 sq.ft, limitation for accessory buildings and to allow the construction of a 1,050 sq.ft.~tion to an existing 1,080 sq.ft. structure located on propert~w~-~s~~ ~ in an R-l-6 (Single Family Residential) Zoning District. Principal Planner Stafford reviewed the Staff Report of June 13, 1989. He explained that the existing non-conforming hobby shop will be demolished prior to final building inspection. Staff's recommendation is based upon the unique size of the lot and the fact that the property is zoned R-l-6. Planning Commission Minutes 4 - June 13, 1989 Discussion ensued regarding to the total square footage of floor area in the existing and proposed structures, including the second floor; the primary use of the proposed structure; demolition of the existing structure; and, accessory building requirements within the City of Campbell. Mr. Terry Burtz, applicant, explained his intention to construct the accessory building is for the purpose of storing and repairing his collection of Model-A cars, noting that the existing hobby shop has unsatisfactory structural conditions. Commissioner Dickson requested clarification as to why this item is considered a variance rather than a garage addition. Mr. Stafford indicated that this item comes before the Commission as a variance since the proposed structure is an accessory building and exceeds 1000 square feet. Commissioner Perrine asked whether the existing structure is illegal. Mr. Stafford clarified that the existing structure is non-conforming, but it is not illegal. Ms. Dorothy Shattuck, California Street, supported the proposed structure. Perrine, Walker M/S: M/S: Christ, Walker That the public hearing on V 89-03 be closed (motion carried 6-0-0). That the Planning Commission ~.~ ~iincluding findings and conditions as ~ndicated in the Staff Report of June 13, 1989, Discussion of Motion Commissioner Christ supported the project due to the unique size of the lot, the property's location, the proposed building materials and the fact that the property is currently maintained appropriately. Commissioner Perrine supported the motion, noting that the proposed hobby shop will be conforming relative to design and building materials and will create a cleaner visual effect. Commissioner Dickson supported the motion; however, he expressed concerns relative to this item being viewed as a variance request rather than an addition to an existing structure. He requested that clarification between accessory buildings and garages be addressed at a future study session. Planning Cox~ission Minutes - 5 - June 13, 1989 Vote on Motion AYES: NOES: ABSENT: Commissioners: Commissioners: Cormnissioners: Motion carried with the following roll call vote: Kasolas, Dickson, Walker, Perrine, Christ, Olszewski None None Public hearing to consider regarding the application of Mr. A1 ¥indasius for approval of a Planned Development Permit and approval of plans, elevations and development schedule to allow the construction of 8 townhomes on properties known as Development/Me~ 14-20 units per gross acre) Zoning District. Planning Director Piasecki reviewed the Staff Report of June 13, 1989; and, discussed the site plan and the gross acreage; elevations; location of the subject property; background information that resulted in the Council's action on April 4, 1989, to refer this matter back to the Planning Commission; the Architect's revisions to the original plan which concentrated upon building mass, density, height and driveway patterns; characteristics of the existing neighborhood; compliance to zoning ordinances; and, the Architect's efforts to modify building forms to break up and reduce the building mass to achieve a higher degree of compatibility within the neighborhood. Further, Mr. Piasecki stated that the Staff is recommending approval of the revised plans subject to the attached Conditions of Approval and redlining. Commissioner Kasolas reviewed the City Council referral which did not include reference to density, and reminded the Commission that it is the duty of the Commission to only address items contained in the referral, such as the examination of the landscape plan, roof heights, setbacks, parking ratios and bulk. Commissioner Christ requested a review of the proposed parking spaces. Mr. Piasecki stated that the present proposal is to drop 8 guest spaces and provide an additional 10 tenant parking spaces. Extensive discussion ensued between Commissioners and Staff relative to neighboring properties and on-street parking concerns. Commissioner Christ reported that the Site and Architectural Review Committee is recommending approval as redlined. He continued that modifications and changes to the plans address issues raised by residents in the area. He noted that the architect should be commended for his efforts to preserve neighborhood characteristics by using similar building materials, window design, columns addressing concerns expressed by residents relative to density and mass by eliminating the high pitched roof, increasing setbacks and reducing the number of bedrooms within two of the buildings. Planning Commission Minutes - 6 June 13, 1989 Chairman Olszweski noted communications and petitions received by the Planning Department regarding this item (on file). The public hearing was opened. Mr. Ron Dick, Architect, explained modifications and changes illustrated on the picture board before the Commission, and answered questions from Commissioners relating to roof height, and the building's projected shadowlines. Mr. Brian Jones, 126 S. First Street, opposed the project stating major concerns as density, building mass, on-street parking, neighborhood conformity, and loss of low income housing. Ms. Dorothy Shattuck, 391 California Street, opposed the project stating major concerns as density, building mass, on-street parking, neighborhood conformity, and loss of low income housing. Commissioner Christ provided clarification regarding density, bulk and mass. Commissioner Dickson requested information regarding the General Plan for this area and informed the public of the Historic Preservation Board's review of the area and their decision not to establish an historic overlay for this area. Further, Commissioner Dickson expressed empathy for home buyers who do not examine zone regulations before purchasing their properties; and, discussed the rights of developers to develop their land and the importance of researching zoning regulations before making real estate investments. Mr. Piasecki noted that since approval of the General Plan in 1978/79, the property surrounding this area was indicated on the Land Use Element for Medium Density Residential (14-20 units per gross acre). This concurs with Commissioner Dickson's understanding that the Historic Preservation Board did review this area and determined that this area would not be recommended for an historic overlay. Ms. Pat Alfred, 211 Cole Avenue, opposed the planned development; however, she commended the developer for his efforts to comply with neighborhood concerns. She circulated a petition with several names listing persons within in opposition of the project (on file). Ms. Sandra Caridis clarified rumors that she and her husband, Mr. Alan Wheeler, who live adjacent to the subject property are in support of the project. She stated that they are not. Mr. Paul Darius, 197 E. Rincon Avenue, spoke in favor of the proposed project. Mr. Craig Nicholis, 137 S. Second Street, spoke in favor of the proposed project drawing attention to the dilapidated condition of most homes in the area. Ms. Donita McCabe Backlund, 129 E. Rincon Avenue, indicated support for the motion since, she stated, her home on Rincon Avenue is in such a poor structural condition that repairing it would not be feasible. She noted that plumbing and electrical problems increase daily. Further, she mentioned that at 10:00 p.m., nightly, there are never more than five cars parked on the street and that on-street parking is not an issue that should be raised. / · Planning Commission Minutes - 7 - June 13, 1989 Mr. A1 ¥indasius presented an illustration depicting neighbors in support of the project as compared to those against it. He also drew attention to a petition that he circulated in the neighborhood for persons who support the project. Additionally, Mr. ¥indasius apologized to Mr. Wheeler regarding rumors that the Wheelers were in support of the project, when in fact, they are not. Ms. Pamela Ruggeri, Rincon Avenue, expressed opposition to the project and suggested that two units be dropped from the proposal. Mr. Kevin Hawk expressed his support for the project. Mr. Joe Pucci, 126 E. Rincon Avenue, spoke in support of the project since banks will not loan money on properties which are in such poor condition. Ms. Kathleen Mire, 200 S. First Street, requested that the neighborhood be preserved by denying this project approval. Ms. Betty Lay, 81 Alice Avenue, requested that the neighborhood be preserved by denying this project approval. Mr. Ab Shapel, Rincon Avenue, expressed his support of the project since he feels the homes in the subject area are in serious structural trouble. Mr. Darrick Edson, S. Second Street, expressed his desire for change and offers support for the project. M/S: Walker, Christ Moved to close the public hearing (carries with a 6-0-0 vote). Commissioner Walker stated that since this issue was brought before the Historic Preservation Board for an historic overlay, and was denied. He suggested that since Commissioner Perrine sat on the task force that made the decision, that Commissioner Perrine explain to the public the outcome of the task force's decision. Commissioner Perrine explained that the task force was made up of two Planning Commission members, as well as two members of all City Commissions and the City Council. A decision was made that an historic overlay for this area was not necessary. M/S: Perr~n~n That the Planning Commission adopt~~g~!~i~i~ ~~~i~corporating the findings and conditions as ~~~in~icated in the Staff Report of June 13, 1989, ~~i~~.ding that th~ity~ouncil~ve~ ~~,~.~s shown on graphic map 5(a) 5, and as redlined. Discussion on Motion Chairman Olszewski requested that Staff indicate the redlining at this time. Director Piasecki redlined map revision number 5(a) 5. Commissioner Christ stated that he would support the proposal if the developer would consider reducing one or two units on the street side to single story units. Planning Commission Minutes - 8 - June 13, 1989 Commissioner Walker opposed the motion, noting that he would like to see a reduction in density. However, he expressed his appreciation for the work done by the architect relative to providing current characteristics with respect to building mass and design. Commissioner Dickson supported the motion since the proposal is consistent with the General Plan. Commissioner Kasolas supported the motion stating that it is his charge to make recommendations that comply to the City General Plan and that the Architect has gone beyond just compliance and developed a very nice project. Chairman Olszewski indicated his support for the motion; and, stated his appreciation for the planning process and expressed confidence that significant public support and opposition has been reviewed, that the General Plan has been reviewed considerably, that historic overlays have been considered, and that area studies have been conducted. Vote on Motion Motion carried with the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Kasolas, Perrine, Dickson, Olszewski Walker, Christ None. Chairperson Olszewski informed the public that this item will addressed at the City Council meeting which is scheduled for July 5, 1989. The Commission recessed at 10:10 p.m.; the meeting was reconvened at 10:23 p.m. Chairperson Olszewski noted Commissioner Walker's absence for the remainder of the meeting due to family illness (10:23 p.m.). Commissioner Kasolas was absent for the remainder of the meeting (10:23 p.m.). i ~ Request for approval of the application of Oasis i ~ ~ Ce ter for signage on property known as ~.~ ~ ~ ~!a C-2-S (General Commercial) ~~f~'ng District. Principal Planner Stafford reviewed the Staff Report of June 13, 1989, noting that the location of the proposed sign and its limited visability, current signage, current signing ordinance, and the visual implications of the proposed illuminated sign to adjoining residential areas. Further, Mr. Stafford stated that Staff is recommending denial of the proposed signage. Planning Commission Minutes - 9 - June 13, 1989 Commissioner Christ informed the Commission of the Site and Architectural Review Committee's split decision to approve the proposal. He stated that several alternatives were discussed and that the vote was repeatedly deadlocked. The two alternatives discussed were reduction in the size of the sign and changing the location of the sign to the corner of the building. Discussion ensued between Commissioners and Staff regarding the limited visability, and that use of an illuminated sign facing residents on Dunster Drive. Several motions were entertained but lacked seconds. Mr. John Coleman supported the proposed sign stating that the design and illumination are unobtrusive to residents in the area; that circumstances relative to the entrance of the laundry require special attention since the entrance is located at the back of the building site; and, that the signs were designed to complement the building. Mr. Ron Murphy, Osten Signs, requested that conformity be considered relating to the size and location of the proposed sign. He stated that the illumination projects less light than that of a street lamp. Commissioner Perrine indicated that he would support approval of the sign application. Commissioner Dickson indicated support, subject to removal of the illumination. Commissioner Christ questioned why one tenant should have more square footage for signage than others and reaffirmed his interest in approving a sign that wraps around the building. Chairman Olszewski stated that directional signs or window displays would address the needs of the applicant and that he could not support signage that faced a residential area that has no commercial zoning designations. Mr. Barry Mirkin, property owner, reviewed the steps taken to upgrade the building and accommodate the tenants and satisfy the Staff of the Planning Department. He disagreed with the suggestion that the item be continued again, and requested resolution instead postponement, since the laundry center will be opening for business without a sign. On order of Chairman Olszewski, there being no objections, a temporary sign was approved for opening purposes and the item was deferred until the June 27, 1989, Planning Commission meeting. Resolutions Adoption of Resolutions of Appreciation - Architectural Advisor and Landscape Advisors. Acclamation That the Planning Commission ~~'~.~on,~o~,~ ~~~~~~~y__~or work preformed b~~f~i~~~~~ modified (acclamation). Planning Commission Minutes - 10 June 13, 1989 Chairman Olszewski requested that Deborah Ellis and Craig Mineweaser be invited to the next Commission meeting for presentation of the Resolutions of Appreciation. Subcommittee Report Appointment of Committee to interview Architectural and Landscape Advisor pos ition~]~ On order of Chairman Olszweski, there being no objections, Commissioner~ and Commissioner Perrine were appointed to the Committee to Interview the Architectural and Landscape Advisor positions. The Commissioners accepted the appointments. Appointment of Representative Unreinforced Masonry Buildings Committee. Commissioner Dickson nominated Chairman Olszewski to serve on the Unreinforced Masonry Buildings Committee, and the Chairman accepted the nomination. OTHER ITEMS ADDRESSED BY THE COMMISSION Commissioner Christ initiated discussion of 953 S. San Tomas Aquino Road parking layout and landscape plans. He stated that this issue was referred to the Site and Architectural Review Committee at the last meeting and that the Committee has reviewed the plans and found them to be satisfactory. He stated that more time will be spent reviewing the turf block proposal and that a report will be forthcoming. ADJOURNMENT There being no further business, the meeting was adjourned at 11:20 p.m. APPROVED: Bruce J. Olszewski Chairman ATTEST: Steve Piasecki Secretary RECORDED: Karon D. Shaban Recording Secretary