PC Min 04/26/1988PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
7:30 P.M. MINUTES APRIL 26, 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, Walker, Dickson,
Christ; Planning Director Arthur Kee,
Planner II Marty Woodworth, Engineering
Manager Bill Helms, City Attorney Bill
Seligmann, Recording Secretary Linda
Dennis.
- Absent None.
APPROVAL OF MINUTES
Commissioner Kasolas stated that the correct wording for the motion on
page 13, under Staff Report, is as follows: "It is requested that a
communications be sent under the name of the Chairman Ron Christ to each
of the members of the City Council, tomorrow morning, April 13, 1988,
giving the Council the opportunity to indicate whether the role of the
Planning Commission is to be of an initiator and not that of being
reactive. Further, the Planning Commission has an obligation to initiated
the process of fact gathering including utilization of public hearings in
those areas and matters that .may lead to recommendations for consideration
by the City Council."
Commissioner Perrine stated that he had notified the Chairman that he
would be late to the meeting of April 12 because of his arrival time from
an out of town business trip. He requested that this be added to the
minutes after the arrival time of 7:45 indicated after his name in the
roll call.
Chairman Christ stated that he had appeared at the City Council meeting
and got the impression that the Council was confused and not informed or
the minutes were not reflective of what concerns were. He hoped that the
Commission could make every effort to clarify it's concerns, and to
improve communications with the Council.
Commissioner Kasolas stated that, in his opinion, the Planning Commission
plays a very important role in giving the community an opportunity to come
forth.
M/S: Kasolas, Walker That the minutes of the Planning
Commission meeting of April 12, 1988,
be approved as corrected by the above
discussion. Motion carried unanimously
(7-0-0).
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COMMUNICATIONS
Chairman Christ noted the communication regarding "Earth Day" from West
Valley College; as well as several other communications pertaining 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
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.
Planning Director Kee reviewed the Staff Report of April 26, 1988, noting
that Staff is recommending a continuance of this item to May 10, 1988.
Revised plans have been received and are being reviewed by Staff at this
time.
M/S: Kasolas, Perrine - That R 87-07/S 85-14 be continued to the
Planning Commission meeting of May 10,
1988. Motion carried unanimously
(7-0-0).
~ ~ ~
M 88-09 Application of Mr. John Camarena for
Camarena, J. approval of a modification to allow the
construction of a mansard roof design on
an existing drive-in restaurant located
on property known as 2255 S. Winchester
Blvd. in a C-2-S (General Commercial)
Zoning District.
Commissioner Olszewski reported that this item was considered by the Site
and Architectural Review Committee. The Committee is recommending
continuance to June 28, 1988 with the concurrence of the application. The
applicant will be submitting plans to blend the building into neighborhood
better.
M/S: Perrine, Walker - That M 88-09 be continued to the
Planning Commission meeting of June 28,
1988. Motion carried unanimously
(7-0-0).
~ ~ ~
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PUBLIC HEARINGS
S 88-01 Continued public hearing to consider
Regency Monarch the application of Regency Monarch for
approval of a site and architectural
application to allow the conversion of
an existing health spa to an office
building on property known as 577 Salmar
Ave. in a C-2-S (General Commercial)
Zoning District.
Planning Director Kee reviewed the Staff Report of April 26, 1988, noting
that Staff is recommending denial without pre3udice to remove this item
from the agenda. This recommendation is in concurrence with the
applicant.
Chairman Christ opened the public hearing and invited anyone in the
audience to speak on this item.
M/S: Perrine, Stanton - That the public hearing on S 88-02 be
closed. Motion carried unanimously
(7-0-0).
M/S: Stanton, Perrine - That the Planning Commission find that
the City Council has adopted an Interim
Zoning District for this area which
essentially places a freeze on new
construction or reconstruction until
March 1, 1989, unless a Conditional Use
Permit is granted. In that this
application is not a Conditional Use
Permit application, that the Planning
Commission hereby denies S 88-01
without prejudice in order to remove
this application from the agenda; and,
that the Planning Commission recommend
that the City Council refund the
application fee or apply the paid fee to
a Use Permit application fee, if the
applicant wishes to pursue a Conditional
Use Permit for this pro3ect. Motion
carried unanimously (7-0-0).
~ ~ ~
V 88-04 Public hearing to consider the applica-
Chike, J. tion of Mr. Joseph Chike for approval of
a variance to a required sideyard
setback from 5 feet to 2.5 feet to allow
the construction of a residential
addition joining an existing residence
and a detached garage on property known
as 419 Esther Ave. in an R-1-6 (Single
Family Residential) Zoning District.
-4-
Planner Woodworth reviewed the Staff Report of April 26, 1988, noting that _
Staff is recommending approval of this variance request, and is of the i
opinion that this situation is not common and it would constitute a
hardship to relocate the garage.
Discussion ensued regarding whether the original construction of the
garage went through the permit process; why the existing setback was 2.5
feet instead of 3 feet; how large the subject lot is; the footprint of the
house, garage, and addition; the age of the house; and how close the
adjacent house is to the north.
Mr. Woodworth indicated that the original garage construction did go
through the permit process; the lot is approximately 7,000 sq.ft.; the
footprint of the building with addition will be less than 407.; and the
adjacent home is approximately 10 feet away, with a driveway between the
structure. This application has been routed to the Fire Department, and
they have indicated no concerns.
Chairman Christ opened the public hearing and invited anyone in the
audience to speak on this item.
Mr. Joseph Chike, 419 Esther Ave., noted that the house is about 40 years
old and the garage is between 7-10 years old. He has recently purchased
the home and has no knowledge of whether permits were obtained on the
garage. Mr. Chike presented a letter (attached hereto) from the adjacent
property owner indicating their support of his proposal. ____
M/S: Olszewski, Walker - That the public hearing on V 88-04 be
closed. Motion carried unanimously
(7-0-0).
M/S: Perrine, Stanton - That the Planning Commission adopt.
Resolution No. 2527, including findings
and conditions as indicated in the Staff
Report of April 26, 1988, approving V
88-04. Motion carried with the
following roll call vote:
AYES: Commissioners: Kasolas, Stanton, Perrine, Olszewski,
Walker, Dickson, Christ
NOES: Commissioners: None
ABSENT: Commissioners: None.
V 88-05 Public hearing to consider the applica-
Summit Construction tion of Summit Construction Co. for a
variance to the 5 foot sideyard setback
requirement to allow an addition to a
single family house with the existing
garage remaining with a 3 foot sideyard ---
setback on property known as 677 N.
Central Ave. in an R-1-6 (Single Family
Residential) Zoning District.
-5-
Planner II Woodworth reviewed the Staff Report of April 26, 1988, noting
that Staff is recommending approval of the requested variance, in that
this situation is not common and it would constitute a hardship to
relocate the garage 2 feet.
Discussion ensued regarding number of covered parking spaces; and, lot
coverage.
Chairman Christ opened the public hearing and invited anyone to speak on
this item.
Mr. Rich Taggert, Summit Construction Co., noted that there would be two
covered parking spaces available in the garage.
M/S: Kasolas, Olszewski - That the public hearing on V 88-05 be
closed. Motion carried unanimously
(7-0-0).
M/S: Stanton, Perrine - That the Planning Commission adopt
Resolution No. 2529, including findings
and conditions as indicated in the Staff
Report of April 26, 1988, approving V
88-05. Motion carried with the
following roll call vote:
AYES: Commissioners: Kasolas, Stanton, Perrine, Olszewski,
Walker, Dickson, Christ
NOES: Commissioners: None
ABSENT: Commissioners: None.
* ~ ~
S 88-03 Public hearing to~consider the applica-
McReynolds, W. L. tion of W. L. McReynolds for approval of
plans to allow the construction of a
small office on property known as 175
Cristich Lane in an M-1-S (Light
Industrial) Zoning District.
Planning Director Kee reviewed the Staff Report of April 26, 1988, noting
that Staff is recommending a continuance to May 24, 1988, in order that
the applicant might address concerns expressed therein.
Commissioner Olszewski reported that this item was considered by the Site
and Architectural Review Committee. The Committee is also recommending a
continuance, with the applicant's concurrence.
Chairman Christ opened the public hearing and invited anyone to speak on
this item.
M/S: Perrine, Stanton - That the public hearing on S 88-03 be
continued to the Planning Commission
meeting of May 24, 1988. Motion carried
unanimously (7-0-0>.
~~~
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ZC 88-02 Continued public hearing to consider
PD 88-05 the application of NADCON Development
NADCON Development for 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 10 townhomes on property
known as 490 & 496 W. Sunnyoaks Ave.
Planning Director Kee reviewed the Staff Report of April 26, 1988, noting
that Staff is recommending approval of this zone change and Planned
Development Permit.
Commissioner Kasolas noted that he was of the understanding that the issue
of density in and of itself was something we could not disqualify a
project as long as it was within the allowed density.
City Attorney Seligmann responded that current state law provides that if
you are going to deny a project which meets the density requirement you
have to adopt a finding that the project density would be a detriment to
the health and safety of the surrounding neighborhood and that there is no
way to mitigate that development at that density unless developed at a
lower density.
Commissioner Kasolas stated that he wanted to make sure when he reviewed
this application that he was not reviewing in terms of density. He did
not recall the issue of density being that strong at the last meeting.
Commissioner Olszewski reported that this item was considered by the Site
and Architectural Review Committee. The Committee is recommending
approval.
Commissioner Walker asked about the property situated in the center of the
u-shaped site.
Mr. Kee indicated that the property in the center is shown for the same
density (low-medium). It is Staff's understanding that the applicant is
requesting a decision on this application and layout. Additionally, the
applicant has indicated that he is acquiring the center lot and will be
coming back, perhaps, to modify this proposal. The center lot is not
under consideration this evening. The applicant was encouraged by Staff
and the Site Committee to acquire the center lot to add to the total
development.
Chairman Christ opened the public hearing and invited anyone to speak on
this item.
M/S: Kasolas, Olszewski - That the public hearing on ZC 88-02/
PD 88-05 be closed. Motion carried
unanimously (7-0-0).
M/S: Olszewski, Stanton - That the Planning Commission adopt
Resolutions recommending approval of ZC
88-02/PD 88-05.
-7-
Discussion
Commissioner Dickson opposed the motion, noting that the requested zone
change to Planned Development should be for a more outstanding project,
not an increase in density. He continued that under the R-M-S zoning,
only 11 units would be possible; and, he did not think a increase in
density is the proper use of the PD zoning. Additionally, the project
has long narrow driveways, with a driveway almost completely detached from
the units which may present a maintenance problem; no common open space;
and, nothing unusual in the provision of amenities.
Commissioner Kasolas asked how long the driveway was on one side.
Planner Woodworth indicated the driveway length to be approximately 150
feet.
Commisiioner Kasolas stated that he would also be opposing the motion.
Commissioner Walker opposed the motion because of the shape of the lot and
the lack of open space.
Chairman Christ opposed the motion, noting that the layout of the units
does not provide for the development of the center R-1 property; and, if
plans are going to be presented for the center piece, these plans should
be designed to help the center piece of property.
Roll call vote
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
Motion for approval fails.
Discussion
Stanton, Perrine, Olszewski
Kasolas, Walker, Dickson, Christ
None
Commissioner Kasolas stated that he voted on the merits of the project as
presented - narrow driveway, lack of open space, etc. The issue is not
whether another piece of property is bought. The matter should be voted
on as presented.
Commissioner Olszewski noted that the project density has been reduced
from 11 units to 10 units; the length of the driveway under discussion is
because of needed access for the Santa Clara Valley Water District to the
perculation ponds, with no alternative for the developer; the applicant
chose to provide more private space per units rather than common open
space; and, in his opinion, the architectural design is one of the more
interesting designs in this area.
Commissioner Dickson called for a point of order, noting that the vote has
been taken on the item; and, the only discussion at this point should be
whether to reopen the public hearing or a motion for denial.
Commissioner Dickson asked for what reasons the public hearing should be
reopened.
-8-
Chairman Christ indicated that it was his understanding that the applicant
could have the opportunity to submit additional plans because of the
provision of additional property.
Commissioner Dickson felt that this was out of order.
Commissioner Perrine stated that his intent was to give the applicant the
opportunity to redesign the project.
M/S: Kasolas, Perrine - That the public hearing on ZC 88-02/
PD 88-05 be reopened, and that this item
be continued for any revised plans that
the applicant may chose that he
determines will meet with the approval
of the Planning Commission.
AYES: Commissioners: Kasolas, Stanton, Perrine, Olszewski
NOES: Commissioners: Walker, Dickson, Christ
ABSENT: Commissioners: None.
M/S: Perrine, Walker - .That the public hearing on ZC 88-02/
PD 88-OS be continued to the Planning
Commission meeting of May 24, 1988.
Motion carried unanimously (7-0-0).
~ ~ ~
GP 88-01 Public hearing to consider the applica-
Horton, J. tion of J. Michael Horton, on behalf of
City-initiated Edwin J. Myers Assoc., for approval of
an amendment to the Land Use Element of
the General Plan from "Low Density
Residential" to "Low-Medium Density
residential" for properties known as 289
& 291 Redding Rd. in an R-1 (Single
Family Residential) Zoning District; and
including in this application, a
City initiated request to include the
following properties in the proposed
amendment: 1509, 1512 and 1521 Parsons
Ave., and 299, 309, 325, 335, & 353
Redding Rd. APN 414-33-6, 7, 8, 9, 10,
11, 12, 13 and 414-34-18, 19.
Planner II Woodworth reviewed the Staff Report of April 26, 1988, noting
that Staff has provided two possible alternatives for the Commission's
consideration.
Chairman Christ opened the public hearing and invited anyone to speak on
this item.
Mr. Michal Horton, architect with Myers Associates, noted that there are
two negative aspects of the proposed change - traffic and lack of privacy
for R-1 neighborhood. The traffic appears to be a problem caused by
commuters cutting through the neighborhood. The privacy issue can be
-9-
addressed by design of units, including landscaping, setbacks, sound
walls, etc; and, that townhomes are generally quiet, with activities
limited by the CC&R's. He spoke in favor of approval of Exhibit B,
allowing parcels on the corner of Parsons & Redding Rd. to remain Low
Density Residential.
Mrs. Diane Fowler, 1454 Parsons Ave., spoke against the proposed
amendment. Mrs. Fowler noted the amount of traffic, speeds, and narrow
width of Redding Rd. causing traffic hazards; and, expressed concern about
the higher densities encroaching into the single family neighborhoods.
She indicated that if this amendment was approved, Exhibit B, allowing
parcels on corner to remain R-1, would be preferable as far as protecting
the R-1 neighborhood on Parsons and Fairbanks.
Mr. Tom Robertson, 299 Redding Rd., spoke in favor of the proposed
amendment, with no opinion as to whether Exhibit A or Exhibit B would be
preferably. Mr. Robertson also expressed concern with the traffic on
Redding Rd., noting that commute hours are particularly heavy.
Engineering Manager Helms noted that the intersections involved in the
commute traffic are under the jurisdiction of the City of San Jose. The
City council has asked San Jose to look into the situation to see if
restricting turn movements can be supported.
Mr. Eric Boyd, 914 N. Central Ave. (owner of property at 353 Redding Rd.)
noted that the street has been widened to accommodate parking; area has
been rezoned a couple times since annexation; he is not interested at this
point in being a buffer for the rest of the neighborhood; and, his
understanding is that the rezoning would bring this area into conformance
with the rest of the neighborhood.
Commissioner Kasolas asked about the setbacks if this area is zoned as
proposed; and, asked for further information about the buffer zone with
R-1 zoning.
Mr. Woodworth indicated that setbacks would be one-half the height of the
building wall, or a minimum of 5 feet. Greater setbacks could be required
with a Planned Development zoning, if so desired.
Planning Director Kee noted that from a planning perspective, like uses
across from like uses is a better kind of planning situation. Everything
else along Redding Rd. is low-medium density. These subject properties
are not currently low-medium density because they back up to single family
lots.
Mr. Horton noted that there appeared to be no one in the audience from
Fairbanks Ave., the properties directly behind the subject properties.
These residents would be the most directly affected. Mr. Horton felt that
townhomes are much quieter than most other types of developments.
Chairman Christ noted that a petition was presented at the last meeting,
and that this is part of the record.
M/S: Walker, Olszewski - That"the public hearing on GP 88-01 be
closed. Motion carried unanimously
(7-0-0).
-10-
Commissioner Walker expressed a concern about an additional buffer, and
asked about setting up an overlay zone on those properties simply doubling
the setbacks. This would serve as a reminder to future Commissions, and
protect the rear yards of the single family properties on Fairbanks Ave.
in that these lots are not very deep.
City Attorney Seligman stated that this would be a modification to the
present zoning ordinance. The Planning Commission could recommend this to
the City Council when the zoning issue comes about.
Commissioner Dickson noted that a natural buffer currently exists with the
street. He expressed his concern with discussion of putting in a new
buffer by putting higher density right next to the low density.
Additionally, Commissioner Dickson felt that low density in Campbell is
becoming premium and should be looked after; and that the issues of
traffic and privacy are very important.
M/S: Perrine, Walker - That the Planning Commission adopt a
Resolution, including findings indicated
in the Staff Report of April 12, 1988,
recommending that the City Council
approve GP 88-01, Exhibit B.
Discussion on motion
Commissioner Dickson opposed the motion for reasons stated in earlier ---
discussion. He commented that it was a positive move, however, to be
considering the entire area, not just one or two parcels.
Commissioner Kasolas opposed the motion, stating that he did not think
Exhibit B made sense. If one is in favor of higher density it should be
Exhibit A; however, the issue is the age old problem of addressing higher
density against low density R-1.
Commissioner Walker noted that he would look to future zoning applications
to make sure that additional space (setbacks) are provided between this
area and the adjacent R-1 area.
Commissioner Kasolas noted that it was important to maintain various forms
of housing alternatives.
Commissioner Olszewski supported the motion, noting that there is nothing
that says the higher density will encroach. on the single family pocket.
He indicated that he was not sure that the need to maintain low density
housing is more important than providing housing in total. Single family
housing is nearly unaffordable to most people and as such, he felt that
most communities will be faced with an increased need to provide housing;
and, with that in mind, we need to look at areas that are best suited to
provide that housing without compromising quality.
Commissioner Kasolas asked the width of the street, and if any street --
improvements or dedications would be required of the corner properties to
align street should the area develop at low-medium density.
-11-
Mr. Helms indicated that the City's standard street width is 40 feet from
curb to curb; however, Staff is unfamiliar with the current street
alignment at this location.
Chairman Christ opposed the motion, noting similar concerns as
Commissioner Dickson. He noted that there is nothing wrong with large
lots, and people usually buy them because they want them; there is already
an existing buffer of the street; and the lots on the south side of the
street appear to be twice as deep as those to the north.
Roll call vote on motion
AYES: Commissioners: Perrine, Olszewski, Walker
NOES: Commissioners: Kasolas, Stanton, Dickson, Christ
ABSENT: Commissioners: None
Motion for approval of Exhibit B fails.
M/S: Stanton, Dickson -
That the Planning Commission adopt
Resolution No. 2528, with the findings
as indicated in the Staff Report of
April 121, 1988, and the additional
finding that the "south side of Redding
Rd. offers a natural buffer for planning
situations", recommending that the City
Council deny GP 88-01.
Discussion on motion
Commissioner Olszewski indicated that the findings are inappropriate and
inaccurate. Increased density increasing traffic is really misapplied in
that it has been testified that traffic is a problem from commuters. The
second finding in the Staff Report referring to loss of privacy is not
plausible, in that single family neighborhoods are full of two-story
homes. The third finding pertaining to health and safety is a blanket
finding. Commissioner Olszewski continued that low-medium density could
actually improve the area.
Commissioner Walker opposed the motion, noting that he thought it better
if low density did not face low-medium density. Leaving the area as it is
will keep it from developing, forcing the single family residents of
Redding Rd. to continue suffering as a buffer for the single family homes
to the rear.
Roll call vote on motion to deny.
AYES: Commissioners: Kasolas, Stanton, Dickson, Christ
NOES: Commissioners: Perrine, Olszewski, Walker
ABSENT: Commissioners: None.
~ ~ ~
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MISCELLANEOUS
M 88-10 Application of Seal-Tate Construction
Woerz, D. Co. for approval of an exception to the
sideyard setback requirement to allow a
second-story addition 5 feet from the
right side property line for property
known as 1671 La Pradera Dr. in an R-1-6
(Single Family Residential) Zoning
District.
Planner II Woodworth reviewed the Staff Report of April 12, 1988, noting
that this matter is before the Commission this evening for approval of an
exception to the setback requirement. Staff is recommending approval of
this request in order that the applicant might utilize the existing
bearing load wall for a second story addition.
Chairman Christ noted communications from M. Duncan, the McAllister's, and
Mr. James Reed, opposing this addition (copies attached hereto).
Commissioner Olszewski reported that this. item was considered by the Site
and Architectural Review Committee. The Commiteee is recommending
approval with a condition that rear and side elevations be presented to
the Planning Director for approval. These elevations would provide for an
element that would break up the appearance of the structure from the side;
thereby addressing a design concern.
Mr. Woodworth reviewed the regulations for a single family zoning district
pertaining to setbacks and height restrictions, noting that a second-story
is allowed under the zoning ordinance. The Planning Commission does have
the authority to approve exception to setbacks requirements for second
story additions, with the criteria for approval being that the exception
will not be detrimental to the neighborhood.
Commissioner Kasolas noted that this situation pointed out a problem with
the current policy, whereby if either ad3acent neighbor does not complain
then the second story addition is approved; however, a complaint could
result in the exception being denied. Commissioner Kasolas felt that
letters from ad3acent property owners, indicating their approval, should
not be solicited.
Commissioner Dickson noted the correspondence from neighbors opposing the
second story addition in this application, and noted. that the zoning
ordinance has always allowed second stories in the R-1 districts.
Mr. James Reed, 1762 Villarita Dr., noted that although this tract is an
attractive residential area, the lots are too small to sustain second
stories. Mr. Reed continued that he feels that the second story addition
will harm the aesthetics of the neighborhood; provide for a larger unit,
resulting in more people; detract from backyard privacy the quality of the
neighborhood. Mr. Reed stated that there is a lot of dissention in the
neighborhood on this issue which should be considered by the Commission.
-13-
Mr. William McAllister, 1750 Villarita Dr., opposed the second story
addition, noting that the structure is very visible from his kitchen
window, and appears to be a very high wall. Mr. McAllister noted that
there is another second story in the tract, and it looks completely out of
place.
Commissioner Olszewski asked Staff how the City might do something to
preserve single story neighborhoods as such.
City Attorney Seligmann responded that the zoning code would have to be
amended to limit the height of structures to one story. A particular
zoning could be created for a particular area. Interested residents could
petition the City Council to study such a change.
Commissioner Olszewski felt that the speakers brought up a good point and,
again, the. Commission is not in a good position. He wanted the speakers
to know what could be done if they wish to change the zoning policies.
M/S: Perrine, Stanton - That the Planning Commission adopt
findings indicated in the Staff Report
of April 26, 1988, and approve M 88-10
allowing an exception to the sideyard
setback requirements to allow a second
story addition 5 feet from the right
side property line for property known as
1671 La Pradera Dr.
Discussion on motion
Commissioner Dickson opposed the motion, based on testimony given this
evening, and noted that the Commission should look at harmonious
development in the neighborhood.
Commissioner Walker opposed the motion, noting that although the second
story is allowable, the setback exception does not have to be approved and
he would like to see the addition done according to the code.
Commissioner Kasolas supported the motion. He further noted that the only
criteria the Commission has ever used was that if the neighborhood
supported the setback exception, the Commission approved the request; and,
there is nothing that can be done except approve this request unless the
policy is changed.
Chairman Christ opposed the motion. Chairman Christ continued that he has
never voted on an issue based on letters from the neighbors, but rather he
always considers the affects of the solar light, the privacy, etc., and he
did not see how this request could result in a situation which is
harmonious to the neighborhood.
Roll call vote
AYES: Commissioners: Kasolas, Stanton, Perrine, Olszewski
NOES: Commissioners: Walker, Dickson, Christ
ABSENT: Commissioners: None.
-14-
Motion for approval carries.
Chairman Christ noted the appeal procedure for the audience.
~ ~ ~
The Commissioner recessed at 9:50 p.m.; the meeting reconvened at 10:05
p.m.
~ ~ ~
UP 87-15 Six-month review of previously approved
Croes, M. Use Permit allowing the establishment of
a large family day care center (7-12
children) on property known as 1550 Hack
Ave. in an R-1-10 (Single Family
Residential) Zoning District.
Planner II Woodworth reviewed the Staff Report of April 26, 1988, noting
that it has been six months since Council's approval of this use permit.
There has been one communication from the adjacent property owner, the
Alford's, expressing. their concern with the noise generated from the day
care. The Alford's are requesting that the number of children allowed at
this facility be reduced to less than 6 (copy of letter attached hereto).
Staff is recommending that this report be noted and filed.
Commissioner Dickson asked if this matter should be reviewed by the City
Council in that they were the decision-making body.
Mr. Woodworth indicated that normally use permits are under the Planning
Commission's authority; however, this matter could be referred to the City
Council if the Commission so desired. The Commission may recall that it
denied this use permit based on issues of noise, lack of parking, and
loading/unloading problems. Additionally, several neighbors appeared to
oppose the matter.
Mrs. Manna Croes, 1550 Hack Ave., spoke at length regarding the operation
of her large family day care home, noting that there have been no
complaints except from the Alford's; the neighbors on the other side have
submitted a letter (attached hereto) stating that, although they are very
close to the play area, they are not bothered by any noise; that Mrs.
Alford's dog barks frequently, and, she has been willing to work with the
Alford's to make the situation more pleasant. Mrs. Croes requested that
the conditions imposed by the Council (six-month review, and receiving
complaints) be eliminated, and that any complaints received by
investigated by Staff rather than a hearing scheduled without an
investigation.
Commissioner Kasolas asked Mrs. Croes what is the largest number of
children she has had at her home on any one day in the past six months.
-15-
Mrs. Croes indicated that she has never had more than 12 children,
including her own children. All the children are all-day care, there are
no drop-ins; the hours are from 7 a.m. to approximately 5:30 p.m.; most of
the children at 2-3 years old, with a few 5-6 month old babies; Mrs. Croes
and her mother usually care for the children, with the assistance of one
other girl - thereby usually having two people working, but sometimes
three.
Commissioner Kasolas understood that there were, then, sometimes two
people working in the home that did not reside here.
Mrs. Croes stated that this was correct.
Mrs. Sybil Alford, 1536 Hack Ave., spoke at length objecting to allowing
the large day care home at this location. Mrs. Alford noted that the
subject house is a small two-bedroom unit with a converted garage; the
noise was not as great with six children; although the children have been
kept away from the Alford's side of the house, the noise is still
excessive since this is really only about 28 feet away from the Alford's
family room; including the helpers, the number of people at this location
can be as many as 16; her dog barks because of the number of strangers in
the area, and, the warmer weather will result in the children being
outside more, thereby adding to the noise problem. Mrs. Alford continued
that she had asked Mrs. Croes to limit the number of children to six;
however, Mrs. Croes indicated that she could not make enough money caring
for only six children. Mrs. Alford stated that she felt there was not
suitable parking for this use, noting that two cars and the boat which
belong to the applicant, the absence of a garage, and the parking spaces
needed for the employees, thereby leaving only the driveway for
loading/unloading children. Mrs. Alford noted that she contacted several
of the neighbors regarding this situation, and they were in the audience
earlier. but had to leave. These neighbors do not object to six children
or less; however, they do object to the large day care home in that it is
granted as a land use that goes with the property.
Commissioner Kasolas asked if there is still a large hedge at the corner
of Audrey and Hack Aves. causing traffic visibility problems.
Mrs. Alford stated that this hedge still exists.
Mrs. Alford stated that she had presented a petition during the first
hearing on this matter. The neighbors on the other side of Mrs. Croes
have changed their mind, noting in their letter referred to earlier that
they have not been bothered by noise. Mrs. Alford noted that some of the
signatures on Mrs. Croes petition in favor of the use live on the other
side of Parr Ave.,. and have nothing to do with the issue.
Commissioner Kasolas asked Mrs. Alford if she has seen 16 people at this
site at any one time.
Mrs. Alford responded that it is difficult to tell. At one time, she was
able to count 9 children, ranging in age from four down.
-16-
Mrs. Susan Gorman, new owners on Hack Ave., stated that Mrs. Croes is -
running a very nice day care but now that there are 12 children, the
property has become more of a business than a home. ,Mrs. Gorman thought
that if Mrs. Croes is running a business in a neighborhood, then it
leaves the neighborhood open for anyone to do the same thing. She
expressed a concern about changing the actual zoning in the area.
Ms. Beverly Gardner, 1511 Hack Ave., stated that the day care facility
does not affect her personally because she lives across the street, but
she has the same concerns as Mrs. Gorman. Ms. Gardner noted that she was
never approached by the applicant, as previously indicated.
Commissioner Dickson commented that noise is a very relative thing, and it
is difficult to say when someone is bothered or not bothered by
something. Noise can be affected by the location, and can be channeled
very easily. Commissioner Dickson stated that he is still concerned about
the amount of square footage, and 2 bedrooms is not enough room for 12
children. A parking problems exists; there are barking dogs because of
the number of strangers and disturbances in the neighborhood; the Alford's
are retired people on a limited income and no place else to go and they
deserve to have their concerns respected.
M/S: Kasolas, Dickson - In that it is apparent that after six
months, and after listening to both
sides of the matter, that the issuance
of this use permit has continued to
create major concerns in this
neighborhood which are: (1) the
establishment of what may be a fairly
substantial business, whereas up to
three employees are working; up to 12
children, the majority of which are the
age that go outside to spend fair
amounts of time; (2) that the home is
small, which may require more outside
time due to the square footage; and, (3)
the off-street parking, that the
Planning Commission originally expressed
concern about, may not have been
alleviated; and, (4) it is hard to
conceive how you can not have a noise
problem if you have 10-12 children
outside playing within 26 feet of the
next door neighbor; therefore, it is
recommended that the applicant be
required to review the present operation
in light of what has come out of this
hearing this evening. It is recommended
that the City Council seriously consider
this use permit and any other that may
come before it as now we have six month
experience into one of the large day
care homes.
-17-
Discussion on motion
Commissioner Olszewski stated that he was unable to support the motion.
He did not necessarily see the issue as a neighborhood problem, but rather
a problem between two adjacent neighbors. Secondly, the State has
appropriately pointed out that there is a need for day care centers.
Unfortunately, that does infringe upon individual homeowners rights;
however, in the larger picture, if we donut provide some kind of day care
facilities such as these, we could end up creating an even worse situation
for children (ie. "latch key" children).
Commissioner Kasolas stated that he was not passing judgement on the use
itself. The only issue he sees is that we are asked to review a use
permit, and this provides the Commission which an opportunity to make some
recommendations.
Commissioner Olszewski stated that he sees inseparable relationships.
Chairman Christ thought that the Commission needs to look at this in light
of how this application came about. If an action had been taken at the
Planning Commission level, issues of concern could have been addressed
(ie. parking, etc.), but because the Commission chose to deny it, it went
to the City Council and got approved without any conditions addressing
parking, square footage, etc. Chairman Christ felt that this was a
mistake on the Commission's part. One constructive thing that can be done
at this point is to make recommendations and conditions addressing those
issues.
Commissioner Perrine stated that parking is a continued concern of his on
this site, but apparently there have been no complaints about that
topic. Commissioner Perrine continued that he would be voting against the
motion, but would consider recommending that the Council examine this site
in light of the ordinance on large family day care home thatis forthcoming
at the Council level.
Commissioner Walker expressed his concern about the traffic and asked that
the applicant make the parents aware of the dangerous traffic situation
pertaining to u-turns.
Chairman Christ suggested that the motion could be simplified by stating
that concerns and comments be forwarded to the City Council.
Motion withdrawn
The motion on the floor was withdrawn by Commissioners Kasolas and
Dickson.
M/S: Kasolas, Dickson - That the Planning Commission recommend
that the City Council review all of the
testimony given this evening, both pro
and con, concerning the review of UP
87-15. It is clear that residents of
the neighborhood still have concern.
-18-
Discussion on motion
Commissioner Olszewski asked if this motion sends this item back to the
Council as an informational item, without asking the Council to revoke the
use permit.
Commissioner Kasolas responded that it is his understanding that all the
Commission is being called upon to do is review the use permit and gather
information; and, that all this information will be send on to the Council
for whatever action they so choose.
Roll call vote on motion.
AYES: Commissioners: Kasolas, Stanton, Perrine, Dickson
NOES: Commissioners: Olszewski, Walker, Christ
ABSENT: Commissioners: None
Motion to forward testimony from this evening's meeting to the City
Council carries.
~ ~ ~
SA 88-11 Signing request - Expresso Limousine -
Expresso Limousine 1645 S. Bascom Ave. - C-2-S (General
Commercial) Zoning District.
Planning Director Kee reviewed the Staff Report of April 26, 1988, noting
that, as a result of the Site and Architectural Review Committee meeting,
Staff is recommending approval of a temporary sign for 60 days. This
temporary sign is to be attached to the existing freestanding sign at the
front of the site, and is subject to Staff approving its location.
Commissioner Olszewski reported that this item was considered by the Site
and Architectural Review Committee. The Committee is recommending
approval of a temporary sign as specified by Mr. Kee. Additionally, the
Committee recommends that the a-frame sign be denied.
M/S: Perrine, Stanton - That the Planning Commission adopt
findings as indicated in the Staff
Report of April 26, 1988, and determine
that the a-frame sign at 1645 S. Bascom
Ave. is in violation of City ordinance
and must be removed; and, that approval
of a temporary sign, for 60 days, to be
attached to the existing free-standing
sign with the location approved by the
Planning Director, be granted under SA
88-11. Motion carried unanimously
(7-0-0).
-19-
Staff Report Review of topics and possible dates
for Planning Commission Study Session.
-- It was the consensus of the Commission that June 2, 1988 be scheduled for
a Planning Commission Study Session; and, that topics as indicated in the
Staff Report of April 26, 1988 be included in the agenda, as well as the
issues of Overlay Zones and Square Footage Guidelines for Day Care Homes.
* ~ ~
SUBCOMMITTEE REPORTS
Subcommittee Reports Site & Architectural Review Procedure
Subcommittee; Tree Preservation
Committee; Site & Architectural Review
Committee.
Commissioner Olszewski noted that a report from the Tree Preservation
Subcommittee will be ready. soon.
~ * ~
OTHER ITEMS BROUGHT UP BY COMMISSION
Chairman Christ noted that the City Council has schedule a Study Session
with the Commission for May 19, 1988.
~t*~
ADJOURNMENT
There being no further business, the
meeting was adjourned at 11:25 p.m.
APPROVED: Ronald W. Christ
Chairman
ATTEST: Arthur A. Kee
Secretary
RECORDED: Linda A. Dennis
Recording SEcretary
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RECOMMENDED FINDINGS: M 88-10
SITE ADDRESS: 1671 LA PRADERA DR
APPLICANT: WOERZ, D.
PC MTG: 4-26-88
1. The adjacent property owner has submitted a letter indicating that she
has no objections to the addition.
2. The 5 foot setback will not be detrimental to the health, safety,
peace, morals, comfort or general welfare of the persons residing or
working in the neighborhood of such use, or detrimental or injurious
to property and improvements in the neighborhood or the general
welfare of the City.
3. Because the house exists with a 5 foot sideyard setback, it would
create a hardship to construct a second story addition that meets the
setback requirements because new bearing walls on the first floor
would be required.
CONDITIONS OF APPROVAL: M 88-10
1. Obtain all necessary permits from the Building Department.
2. Applicant to submit elevations of the rear and side of the proposed .
addition to the Planning Department for approval of the Planning
Director prior to issuance of a building permit.
CITY OF CAN~PBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department: planning
Mr. and Mrs. William McAllister
1750 Villarita Dr.
Campbell, CA 95008
RE: M 88-10 - 1671 La Pradera Dr.
Dear Mr. and Mrs. McAllister:
April 14, 1988 `
~~~,,(~;I~OM~~.~
L'U APR 251988
QITY QF CAMPBELL
PLANNING DEPARTMENT
The property owner at 1671 La Pradera Dr. has applied for an exception to
the sideyard setback requirements to allow a second story addition 5 feet
from the right side property line.
The Planning Commission will consider this request at its meeting of
Tuesday, April 26, 1988 at 7:30 p.m., or shortly thereafter, in the City
Hall Council Chambers, 70 N. First St., Campbell, CA.
If you have comments regarding this matter, you may attend the meeting or
send your written comments to the Planning Commission prior to the
meeting.
If you have questions regarding this matter, please do not hesitate to
contact the Planning Department at 866-2140.
Sincerely,
~~'. y~
ARTHUR A. KEE
PLANNING DIRECTOR
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CITY OF CA1t~PBELL
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 85008
-- (408) 866-2100
Department: planning
Mr. and Mrs. James N. Reed
1762 Villarita Dr.
_ Campbell, CA 95008
RE: M 88-10 - 1671 La Pradera Dr.
April 14, 1988
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QITY OF CA
eLANN1Wp M~j~~.~.'
D~p,~ATMky1T
Dear Mr. and Mrs. Reed:
The property owner at 1671 La Pradera Dr. has applied for an exception to
the sideyard setback requirements to allow a second story addition 5 feet
from the right side property line.
The Planning Commission will consider this request at its meeting of
Tuesday, April 26, 1988 at 7:30 p.m., or shortly thereafter, in the City
Hall Council Chambers, 70 N. First St., Campbell, CA.
If you have comments regarding this matter, you may attend the meeting or
send your written comments to the Planning Commission prior to the
meeting.
If you have questions regarding this matter, please do not hesitate to
contact the Planning Department at 866-2140.
Sincerely,
~~ y~
ARTHUR A . KEE ~ '{ ~ ~ ` ! G, r ~ S ~
PLANNING DIRECTOR ~~
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CITY OF CAMPBELL
PLANNING DEPARTMENT
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City Council
City of Campbell
70 N. First St.
Campbell, CA 95008
/,~ta flyer ~ tiE
oct. i7, 1987
RC.(.~.~vC~ __._I
OG~t 2 g 198!
CITY CLERK'S OFFICE _
Dear Council Members : < <` _,_ ... _
~ •~ r _L
We refer to our recent case of "use permit for our large
family day care", and our letter of 10/8/87 to Mr. & Mrs.
Alford (copy attached).
On the 16th of October, we discussed our plan of building
a sound barrier on our joint fence (which they cla im is
theirs :). Mr. Alford indicated that whatever we do should
- be on our property.
In spite of their unwillingness to co-operate and,although
this project was just for their sake, we went ahead and made
an acoustical barrier. Part of it was plywood panels affixed
to our existing metal awning supports and part was free
standing, going up 8', and of 2x4 and hardboard. Across the
entire surface, we put sound deadening indoor/outdoor carpet.
Again, this was at our own expense ($300.00), and at our own
labor, in an effort to make the Alfords more comfortable with
regards to children noise, which is already minimal, and it
would have been far easier for us to do nothing.
We send this letter to you for your information and to keep
you apprised.
in rely, j~~ ^
Ev & Mahn~~oe~` ~^ ~~
cc: Mr. Arthur A. Kee - Planning Director
Oct. 8, 1987
Dear Cal and Sibyl,
We like to, herewith, express our feelings and our concern
towards your peace and comfort.
We never had intention, in the past to be a problem to
you or bother you and on the contrary, we always wanted
and want, now more than ever, to be a good neighbor to
you and do our best at all times.
We always enjoyed having you as our next door neighbor
and we definitely, like you have the same feeling towards
us.
We know, you are concerned about the noise of our day care
children. We like to do more than what we did before, and
anything else possible, to make it as quiet and as comfor-
table as possible to you.
We have a new idea we would like to discuss with you
regarding a sound barrier that Ev would like to build,
and would like to see what you think about it.
Please, if you have any ideas and suggestions let us know.
We like to do anything and everything which is within our
ability and which is within the rules and regulations of
State of California, Child Care Licensing Dept.
Please do not hesitate to come to us at any time if we
could be of help, since we are at home at all times.
' d regards,
'~Ev and Mahna Croes ~
1550 Hack Ave,
Campbell, C a. 95008
cc: City of Campbell - Council Members
~ K.
City Council
City of Campbell
?0 No. tst. St.
Campbell, Ca 95008
Ref: 1550 Aack. Ave. Everett Cross
tJP 8?-15
Dear Members of the City Council:
aR IkIN~!'i ~
We are writing in regards to the public hearing before you on
April 5,1988 concerning the "Large Day Care Center" at 1550
Hack Ave.
Since our last meeting before you October 6, 198? a contin-
uance ras granted for six months. In October Everett approched
Cal with an idea of a sound barrier, he said, to help curb
the noise teom the center. Cal did not feel a aouad barrier
in an open space way the answer and expressed so.
Everett decided to build an eight foot high plywood wall,
alongside the fence that aeperates our property. It was such
a ghastly sight and did not serve the purpose it was intented
tor. (Photo enclosed)
We contacted the building Department, it eras not in compliance
to the building code. It was lowered to six feet as the Cross
wanted, we had no objections to this.
Our patio is directly adjacent to the two small play areas,
Mahna and Everett provide for the children. The children do
aot use the entire backyard, thus causing the noise to reach a
higher level.
We have no objections to Mahna operating a "Small Day Care Center,"
thus allowing less noise, eo we may enjoy our home and yard as
we had expected to when I retired.
We appreciate your taking the time to read this letter of ours
and perhaps gain a better insight into our problem with the
noise Situation.
V~~ rul~ urs~,~ ~
Cal and Sibyl Altord "~~ .~
March 28,.1988
1536 Hack Ave.
Campbell, Ca 95008
RECEIVED
MAR 2 9 1988
'~
/Zo. /O.
Members of Planning
City of Campbell
70 N. First St.
Campbell, Ca. 95008
Commission
Re: UP-87-15
Dear Members of Planning Commission:
4.25 , gg
This letter serves to give you more information regarding our
day care in regards to our six month review and the meeting
on 26 April 1988. We hope you will have time to read this
letter thoroughly before the meeting.
On April 23, we received the staff report and the copy of
PIr. and Mrs. Alford's letter. Please note the following facts
in regards to Mr. & Mrs. Alford's concern:
1. The children play area in our back yard is 26' away from
the fence shared by Mr. & Mrs. Alford with having a total
of 3 fences in between. (please see the enclose d. drawing)
The area which is adjacent to their patio has not been
used for over a year now !:
2. During the last six months, due to the cold weather,
children were inside most of the time.
3. The number of children playing outside was never more than
6 or 7. All about Z or 3 years old.
4. Our children are at all times supervised by an adult, and
any .unnecessary and annoying noise, is dealt with promptly.
.5. If there is any noise, its absolutely minimal, and reasonably
standard,as allowed by State Law.
6. There is absolutely no basis for Mr. & Mrs. Alford's co.~plair.t
about noise Even if they were out in their patio all day
during these last 6 months, during which time everybody was
mostly inside with windows and doors closed, due to the cold,
the noise from our day care was nothing one could ccmplain
about ::
7. Our children play area is adjacent to our other neighbor at
the west side. If there was any annoying noise, which
there was not, they are possibly the one who could be
affected,and certainly not Mr. & Mrs. Alford, having 26'
of space in between Whp has there been no complaint from our
other neighbor (the one who works evenings and sleeps during ---
day time :::) ?
- 2 -
7. To comply with Licensing Dept. requirements, we had to fence in
part of our back yard to keep the children seperate from part
of the yard with pond, swimming pool etc. If we were to use
entire back yard, there would be about 70' of area along the
Alfords property line, where children could play.
Not a very smart statement made by Mr. & Mrs. Alford regarding
the use of entire backyard in their letter.
8. Please review our letter, dated Oct. 8th to Mr. & MTS. Alford,
and our letter dated Oct. 22nd 1987 to the City Council.
They are self explanatory. It appears that Alfords family
tend to like to make untrue statments a lot ::::
9. Here we would like to mention that noise from Mr. & Pirs.Alfords
has definitely bothered our family and our day care children.
They have a dog that barks for a LONG TIME every day when
the postal truck comes by, between 1 and 2 p.m. That disturbs
the children while they are napping. The dog also barks at the
UPS trucks, fire trucks (our cross street neighbor), garbage
trucks and bottled water trucks and other louder vehicles.
In a fe~a occasions, when they were on a trip, they lef: the
dog outside and the dog barked all night:::
There is also Mr. Alford's power leaf blower and a power
saw used in making benches and planters etc. Both of which,
make considerable unpleasant noise!!
10. Mr. & Mrs. Alford had a tragedy several years ago. Their son
and his family died in an accident. One girl was left alive
and she is living with them. What we heard from other
neighbors is that ever since r!rs. Alford has become a very
nervous woman. Mrs. Alford's problem is within herself and, we fee=
is not our day care, noise etc. No matter WHAT WE D0, she
is going to complain There has never been a solid reason
for their complaint before, there is not any now, and we assure
you there will not be any in future.
11. We are operating a very healthy, good and safe day care. We
are helping families from our neighborhood and our community.
We are doing something which is greatly needed in our today's
society. This job is already very difficult and stressrul.
The problems this Alfords family is giving us is just a hassle
and harassment and makes our job more difficult for us. We
really do not appreciate it.
We kindly request the dear Members of Planning Commission to check.
this matter thoroughly and make an end to this unnecessary harass-
ment to us. A harassment made just by one family for not a single,
solid good reason.
Sincerely,
Mahna and Everett C. Croes
cc: Mr. A. Kee
Planning Director
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RECOMMENDING FINDINGS FOR DENIAL: SA 88-11
APPLICANT: EXPRESSO LIMOUSINE
SITE ADDRESS: 1645 S. BASCOM AVE.
PC MTG: 4-26-88
1. The applicant has not provided any evidence to indicate that this sign
is in compliance with City code.
2. The City wants permanent, well designed signs to enhance its
appearance.
3. Movable signs tend to clutter the streetscape and often become
obstacles to pedestrians and vehicles.
4. The placement of A-frame signs encourages other businesses to place
signs without City approval.
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