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PC Min 05/10/1988PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7s30 P.M. MINUTES MAY 10, 1988 The Planning Commission of the City of Campbell convened this day in regular session at the regular meeting place, the Council Chambers of City Hall, 70 N. First St., Campbell, California. ROLL CALL Present Commissioners: Kasolas, Stanton, Perrine, Olszewski, Christ; Planning Director Arthur Kee, Principal Planner Phil Stafford, Engineering Manager Bill Helms, City Attorney Bill Seligmann, Recording Secretary Linda Dennis. Absent Commissioners Walker & Dickson. ' Chairman Christ noted that Commissioners Walker and Dickson absences were excused due to business conflicts. APPROVAL OF MINUTES M/S: Olszewski,Stanton - That the minutes of the Planning Commission meeting of April 26, 1988, be approved as submitted. Motion carried unanimously (5-0-2). COMMUNICATIONS Planning Director Kee noted that communications received pertained to specific items on the agenda. ORAL REQUESTS Chairman Christ asked if anyone wished to address the Commission on an issue that was not agendized. There being no one, the Chairman proceeded with the set agenda. ARCHITECTURAL APPROVALS M 88-11 Application of Mr. Fred Niergarth, on behalf Morton, H. of Mr. and Mrs. Harold Morton, for approval of a minor modification to required sideyard setbacks to allow a second story addition with setbacks of 6 feet, rather than 8.5 feet, on property known as 1080 Mitchell Ct. in an R-1-6 (Single Family Residential) Zoning District. Principal Planner Stafford reviewed the Staff Report of May 10, 1988, noting that the applicant has requested a continuance to May 24, 1988 in order to submit revised plans which address the concerns of adjacent property owners. -2- Comapissionar Olssewski reported that this item was considered by the Site and i Architectural Review Committee. The Committee is also recommending a continuance with the applicant's concurrence. Chairman Christ noted a communication from Martha R. Lovell (to be made part of the next Staff Report). M/S: Perrine, Stanton - That M 88-11 be continued to the Planning Commission meeting of May 24, 1988, at the request of the applicant. Motion carried unanimously (5-0-2). ~ ~ ~ PUBLIC HEARINGS ZC 88-03 Public hearing to consider the application of PD 88-07 Mr. Que Naderzad (NADCON Development) for NADCON Development approval of a zone change from R-M-S (Multiple Family Residential) to PD (Planned Development), and approval of a Planned Development Permit, plans, elevations, and development schedule to allow the construction of a 13-unit townhomes project on properties known as 490, 494 & 496 W. Sunnyoaks Ave. in an R-M-S (Multiple Family ___ Residential/Low Medium Density, 6-13 units per gross acre) Zoning District. Principal Planner Phil Stafford reviewed the Staff Report of May 10, 1988, noting that Staff is recommending approval of this project. Mr. Stafford responded to questions from the Commission regarding building height, materials, and colors. In answer to previous concerns expressed by the Commission on a different proposal for two of these three properties, the subject application encompasses three properties and eliminates the retention of a single family home in the center of a u-shaped project. Commissioner Olszewski reported that this item was discussed by the Site and Architectural Review Committee, and the Committee is recommending approval. He noted that the long, narrow driveway along one side of the project is a requirement of the Santa Clara Valley Water District for access to the percolation ponds. Chairman Christ opened the public hearing and invited anyone to speak on this item. Mr. Mark Guerra, 490 W. Sunnyoaks Ave., asked about the scheduling process. M/S: Perrine, Stanton - That the public hearing on ZC 88-03/PD 88-07 be closed. Motion carried unanimously (5-0-2). - -3- M/S: Kasolas, Stanton - That the Planning Commission recommend that the City Council accept the Negative Declaration which has been prepared for this project; and, that the Planning Commission adopt Resolutions No. 2530 and 2531, incorporating the findings and conditions as indicated in the. Staff Report of May 10, 1988, recommending that the City Council approve a ZC 88-03/PD 88-07. Discussion on motion Commissioner Olszewski supported the motion, noting although the site is a difficult one due to the requirements of the Water District, the applicant has retained the mature trees, provided sizable individual lots, and a significant amount of open space, as well as providing an exceptional quality design. Commissioner Perrine supported the motion, noting that the street is zoned for this density; and, the inclusion of the center lot provides for a well designed project . Chairman Christ supported the motion for the same reasons as the other Commissioners, and adding that he liked the fact that vehicles would not be backing out onto the street because of the one-way circulation. Vote on motion Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Christ NOES: Commissioners: None ABSENT: Commissioners: Walker, Dickson. ~t ~t ~t TS 88-02 Public hearing to consider a proposed Lands of Pipeyard Tentative Subdivision Map to allow the creation of 9 single family lots and the extension of Regas Drive to Sweetbriar Drive on the southerly portions of Assessor's Parcel Nos. 412-35-005 and 412-35-033 in an R-1-6 (Single Family Residential) Zoning District. Planning Director Kee reviewed the Staff Report of May 10, 1988; and, responded to questions from the Commission regarding type of street improvements; the location of the proposed mini-storage on property to the north; and, the current use of the subject property. Commissioner Olszewski expressed a concern with possible industrial ' contaminants in the soil, asking if the City would have any liability if a ___ problem occurs. -4- Mr. Kee indicated that this proposal has been referred to the Fire Department, who can require soils testing if they feel it is necessary. Mr. Kee added that the Water District has percolation ponds in this vicinity and monitor the ground water carefully for contaminants. City Attorney Seligmann stated that the City would be immune in this instance. The responsible party would be whoever dumped the hazardous materials. Commissioner Kasolas noted past complaints about noise from the industrial uses in this area, and asked about Staff's recommendation for the provision of a 6-8' masonry wall along the property line for this subdivision. Mr. Kee responded that dense landscaping does not provide for noise attenuation as well as an 8' masonry wall. The negative side of the 8' wall is the reduced light to the back yards. Staff would recommend that the subject wall be a continuation of the wall constructed on the recently approved subdivision to the east of this project. The landscaping issue could be addressed when a development is submitted. Commissioner Kasolas stated that he was talking in terms of establishing approximately a 5' landscaping easement at the time the lots are recorded. Commissioner Stanton asked why the landscaping buffer presented on the mini-storage project to the immediate north could not be carried around to this location. Mr. Kee noted that the subdivision is well-designed as far as the zoning code, and it would be difficult to require another property that was not part of this -- subdivision to provide a landscape buffer. Chairman Christ opened the public hearing and invited anyone to speak on this item. Mr. David Larsen, 590 Sweetbriar Dr., asked about provisions for a storm drain in the area; and, asked the number of stories allowed in a residential area. Additionally, Mr. Larsen indicated that West Valley has been very cooperative in providing landscaping as a noise buffer; however, there is a problem with dust. He suggested that West Valley Construction provide an oil covering on the unpaved portion of their lot. Engineering Manager HeLns indicated that Staff has not seen a storm drain plan for this area as yet, noting that this portion of Central Park Drive is under the City of San Jose's jurisdiction. Mr. Helms invited the speaker to contact him if he has further questions. Mr. Kee noted that the residential height limitation throughout the City is 35 feet or 2-1/2 stories. Ms. Addy Wattis, corner of Sweetbriar and Central Park Drives, asked about traffic circulation in the area. -- -5- Mr. Kse responded that the proposed joining of Regas and Sweetbriar Drives would eliminate any possibility of industrial traffic coming down Sweetbriar, resulting in traffic from residents of the area only. M/S: Kasolas, Stanton - That the public hearing on TS 88-02 be closed. Motion carried unanimously (5-0-2). M/S: Kasolas, Perrine - That the Planning Commission recommend that the City Council accept the Negative Declaration which has been prepared for this project; and, that the Planning Commission adopt the findings and conditions as indicated in the Staff Report of May 10, 1988, with the additional condition indicating that the masonry wall be built at the same height as the wall built on the project to the east; and, that the Planning Commission recommend that the City Council approve T$ 88-01. Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Christ NOES: Commissioners: None ABSENT: Commissioners: Walker, Dickson. M 87-25 Public hearing to consider the application of Church of Christ the Campbell Church of Christ for a modification to plans to allow the construction of a fellowship addition to the church on property known as 1075 W. Campbell Ave. in a P-F (Public Facilities) Zoning District. Principal Planner Stafford reported that Staff is recommending a continuance of this item so that revised plans may be submitted. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. The Committee is also recommending a continuance, and requested that the applicant come back with a master plan so that the Committee could see the entire development, rather than one piece at a time. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Stanton, Perrine - That the public hearing on M 87-25 be continued to the Planning Commission meeting of June 14, 1988. Motion carried unanimously (5-0-2). Commissioner Kasolas requested that the issues of ingress/egress to Hedegard Ave., and the grade difference between this lot and the single family area, be addressed in the next Staff Report. ~ ~ ~ -6- PD 88-06 Public hearing to consider the application of __ Perez, G. Mr. Gregory Perez for a Planned Development Permit, plans, elevations and development schedule to allow the construction of a single family home on property known as 690 S. San Tomas Aquino Rd. in a PD (Planned Development/Low Density Residential) Zoning District. Principal Planner Stafford briefly reviewed the Staff Report of May 10, 1988, noting that Staff is recommending a continuance to June 14, 1988 in order that the applicant may address concerns expressed by the Public Works Department. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. The Committee is also recommending a continuance. Chairman Christ asked about possible traffic safety measures at this location. Engineering Manager Aelms indicated that Staff has considered a small median island and preclusion of lefthand turns from driveways for these properties. Chairman Christ opened the public hearing and invited anyone to speak on this item. Mr. Greg Perez, applicant, stated his agreement with the continuance; spoke -. about the traffic problems at this location; and, indicated that a suggested circular driveway was a very good idea. M/S: Perrine, Stanton - That the public hearing on PD 88-06 be continued to the Planning Commission meeting of June 14, 1988. Motion carried unanimously (5-0-2). ~ * ~ ARCHITECTURAL APPROVALS R 87-07 Continued request for reinstatement of S 85-14 previously approved plans allowing con- Johnson, R. struction of a retail building on property known as 915 & 921 S. San Tomas Aquino Rd. in a C-1-S (Neighborhood Commercial) Zoning District. Principal Planner Stafford reviewed the Staff Report of May 10, 1988, noting that Staff is recommending approval. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. The Committee is very pleased to recommend approval of this pro3ect. -7- M/S: Stanton, Olszewski - That the Planning Commission adopt the findings and conditions of approval as indicated in the Staff Report of May 10, 1988, and approve R 87-07/S 85-14. Motion carried unanimously (5-0-2). ~ ~ ~ PUBLIC HEARINGS PD 87-06 Continued public hearing to consider the Sparling, J. application of Mr. John Sparling fora Planned Development Permit, plans, elevations, and development schedule to allow the construction of an industrial/warehoue building on property known as 426 & 430 Sam Cava Lane in a PD (Planned Development/ Industrial) Zoning District. Planning Director Kee reported that Staff is recommending a continuance at the applicant's request. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Olszewski, Stanton - That the public hearing on PD 87-06 be continued to the Planning Commission meeting of July 12, 1988. Motion carred unanimously ---- (5-0-2). ~ ~ TA 88-02 Public hearing to consider proposed City- City-initiated initiated amendments to Chapter 21.40 (0-Overlay District) of the Campbell Municipal Code, clarifying "0" Overlay Zoning District regulations. City Attorney Seligmann reviewed the Staff Report of May 10, 1988; and, answered questions from the Commission. Commissioner Olszewski asked if the "0" District superseded the district that it is placed over. Mr. Seligmann indicated that it would supersede, only with regard to things that you could normally get a variance to (height, setbacks, parking, etc.) - not as to use. The use would be controlled by the existing zoning. Commissioner Olszewski asked if there were other overlay districts in the City, other than the Pruneyard. Planning Director Ree indicated that the Pruneyard is the only commercial use with an overlay district. -8- Commissioner Olszewski asked if the overlay district applied to the entire property, the footprint of the buildings, or just a portion of the property. Mr. Kee responded that the overlay district covers the entrance to the circular turnaround from Campbell Avenue - the western portion of the site has an overlay district on it at the present time, including more than just the footprint of the buildings. Chairman Christ opened the public hearing and invited anyone to speak on this item. Commissioner Kasolas asked if this would allow consideration of any additions or modifications to the existing structures in those areas where there is an overlay district; and could one also propose to change something on that property, whether under or over 75 feet. Mr. Seligmann noted that this would allow such applications. Commissioner Olszewski asked if Measure N would apply for the overlay district. Mr. Seligmann indicated that there are still some unresolved legal issues concerning this. The issue is not pending in any court, but there has been no judicial decision at this time. M/S: Olszewski, Perrine - M/S: Kasolas, Stanton - Discussion That the public hearing on TA 88-02 be closed. Motion carried unanimously (5-0-2). That the Planning Commission adopt Resolution No. 2532, incorporating findings as indicated in the Staff Report of May 10, 1988, recommending that the City Council approve TA 88-02. Commissioner Olszewski stated that he is viewing this issue as a matter of clarification which has nothing to do with any development or possibilities; therefore, his vote will be from an issue of clarification only. Commissioner Kasolas stated that this was a good comment, noting that judgement cannot be passed on something that has not been before the Commission. Vote on motion Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Christ NOES: Commissioners: None ABSENT: Commissioners: Walker, Dickson. ~ ~ ~ -9- TA 88-03 Public hearing to consider proposed City- City-initiated initiated amendment to add Chapter 21.68 (Beer and Wine Festivals) to the Campbell Municipal Code. City Attorney Seligmann reviewed the Staff Report of May 10, 1988, noting that the amendment is to clarify the current Wine Festival Ordinance. Commissioner Olszewski asked if this ordinance controlled where beer and wine sales could be, quantity sold, hours of operation, etc.; and, what process was involved in having a wine & arts festival. Mr. Seligmann indicated that the City Council can place conditions on festivals that take place in the public right of way; however, the Alcoholic Beverage Control Department regulates events on private property. Application is made and reviewed by all departments. The issue then goes to the City Council, who attaches relevant conditions. Commissioner Kasolas noted that it was his understanding that one would not be precluded from serving both beer and wine at any festival. Mr. Seligmann stated that this was correct. Chairman Christ asked about fee for permits; and how this type of situation would differ from flea markets or crafts fairs where no beer or wine is served, noting that he would like to make sure that uses involving alcohol are not receiving special preference. Mr. Seligmann indicated that there is a fee for "special events", and that there are no use permit requirements or fees. The non alcohol use would still have to have permits; however, the beer and wine use would require an additional permit. Planning Director Kee stated that crafts fairs and flea markets are in a different category than beer and wine festivals. If no alcohol is being served, the use is applied for through the Council for the same type of permit as Christmas trees and pumpkin sales. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Stanton, Perrine - That the public hearing on TA 88-03 be closed. Motion carried unanimously (5-0-2). M/S: Stanton, Olszewski - That the Planning Commission adopt Resolution No. 2533, incorporating findings as indicated in the Staff Report of May 10, 1988, recommending the City Council approve TA 88-03. Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Christ NOES: Commissioners: None ABSENT: Commissioners: Walker, Dickson. ~ * ~ -10- TA 88-04 Public hearing to consider a City-initiated ____ City-initiated amendment to Chapter 21.26 (C3 Central Business District) of the Campbell Municipal Code to provide development and use regulations for the downtown area. Principal Planner Stafford reviewed the Staff Report of May 10, 1988, noting that Staff is recommending that the Commission review this matter, offer recommendations, and continue the public hearing to May 24, 1988. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Olszewski, Stanton - That the public hearing on TA 88-04 be continued to the Planning Coa~nission meeting of May 24, 1988. Motion carried unanimously (5-0-2). ~ ~ ~ MISCELLANEOUS SA 88-18 Signing request - Church of Religious Science Austin-Birke Signs - 730 Camden Ave. - M-1-S (Light Industrial) Zoning District. Principal Planner Stafford reported that the applicant is requesting a continuance to July 26, 1988. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. The Committee is also recommending a continuance. M/S: Stanton, Perrine - That SA 88-19 be continued to the Planning Commission meeting of July 26, 1988, at the applicant's request. Motion carried unanimously (5-0-2). ~ ~ ~ SA 88-OS Continued signing request - 499 E. Hamilton Baja Saloon Ave. - Baja Saloon - C-2-S (General Commercial) Zoning District. Principal Planner Stafford reviewed the Staff Report of May 10, 1988, noting that Staff is recommending a continuance at this time. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. There were a number of concerns brought up at the Committee meeting by the applicant's attorney regarding what is not a sign in the spirit of the sign ordinance. The applicant is hoping to come back with - revised plans. -11- Commissioner Kasolas noted that he would be abstaining from voting on this item due to possible conflict of interest. M/S: Stanton, Olszewski - That SA 88-OS be continued to the Planning Commission meeting of July 12, 1988. Motion carried (4-0-2-1, with Commissioner Kasolas abstaining). ~ ~ ~ OTHER ITEMS BROUGHT UP BY COMMISSION Commissioner Olszewski stated that, after reviewing the sign application for the Baja Saloon (SA 88-OS), it became apparent to the Site and Architectural Review Committee that the applicant had recorded the meeting without the knowledge or consent of anyone in the room. Commissioner Olszewski expressed his concern about this matter, and requested that the City Attorney research the issue and report back to the Commission. City Attorney Seligmann indicated that although there were certainly no constitutional restrictions in the taping of the Committee meeting, which is a public meeting, he would look into the State privacy laws to see if there are regulations governing such matters. Commissioner Kasolas requested that the issue of the Crockett Avenue Area Study be reagendized for June 14, 1988. Subcommittee Reports Site & Architectural Review Procedure Subcommittee; Tree Preservation Committee; Site & Architectural Review Committee. There were no Subcommittee Reports at this time. ADJOURNMENT There being no further business, the meeting was adjourned at .9:25 p.m. APPROVED: Ronald W. Christ Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recording Secretary