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PC Min 02/09/1988PLANNIAIG COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 P.M. MlNUTES FEBRUARY 9, 1988 The Planning Commission of the City of Campbell convened this day. .fn regular session at the regular meeting place, the Council Chambers of City Hall, 70 N. First St., Campbell, California. ROLL CALL Present Commissioners: Kasolas, Perrine, Olszewski, Dickson, Christ= Planning Director Arthur Kee, Planner II Marty Woodworth, Engineering Manager Bill Helms, Cfty Attorney Bill Seligmann, Recording Secretary Linda Dennis. Absent Stanton, Walker. Chairman Christ noted that Commissioner Stanton was absent due to illness, and Commissioner Walker was absent because of a business commitment. APPROVAL OF MINUTES M/S: Olszewski, Dickson COMMUNICATIONS That the minutes of the Planning Commission meeting of January 26, 1988, be approved as submitted. Motion carried 3-0-2-2, with Commissioners Kasolas and Perrine abstaining due to absence from the meeting of January 26, 1988, and Commissioners Stanton and Perrine being absent this evening. 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. PUBLIC HEARINGS UP 87-22 Continued public hearing on the application Maj, S. of Ms. Susan Maj for a Use Permit to allow the establishment of a 'Hobby Kennel" (3-6 dogs) on property known as 948 Crockett Ave. in an R-1 (Single Family Residential) Zoning District. Planning Director Kee reviewed the Staff Report of February 9, 1988, noting that Staff is recommending a continuance of this item in order that the applicant might submit revised plans. -2- Mr. Dan Jordan, 970 Crockett Ave., opposed the use permit and presented a petition (attached hereto). Mr. Jordan indicated that the applicant currently ~~ runs a dog training facility on this property and has a sign advertising that use, which in his opinion, is in violation of the zoning ordinance-which regulating home occupations. Mr. Jordan expressed a concern with the actual intended use of the "hobby kennel', whether for personal use or as an extension of the dog training business. Ms. Susan Maj, applicant, noted that she has had the same number of animals on her property for several years without complaints. She explained that any expansion of the use is impossible because of the lack of space. Ms. Maj stated that she had thought the requests of Staff had been met, as indicated in her letter to the Building Department; however, she would submit a site plan. She requested a continuance to March 22, 1988. Mr. Tony Ferranti, 948 Crockett Ave., noted that there are exceptions made to the setback requirements for children's playhouses and small sheds; and, the dog houses were similar sizes. Additionally, Mr. Ferranti indicated that he was not clear on what Staff was requiring in the way of plans. Commissioner Dickson expressed a concern with the length of time this application has been before the Commission because the applicant has more animals than she should have under the code. M/S: Perrine, Rasolas - That the public hearing on UP 87-22 be continued to the Planning Commission meeting __ of March 22, 1988. Motion carried • unanimously (5-0-2). • r t S 87-09 Continued public hearing to consider the Anderson, K. application of Mr. Kurt Anderson for approval of plans and elevations to allow the construction of an office building on property known as 3803 & 3835 S. Bascom Ave.; • and, plans and elevations to allow the construction of 2 single family homes on property known as 1956 Whiteoaks Rd. in an R-1 (Single Family Residential) Zoning District. Planning Director Kee reviewed the Staff Report of February 9, 1988, noting that Staff is recommending a continuance. Chairman Christ opened the public hearing and invited anyone to speak on his item. M/S: Perrine, Olszewski - That the public hearing on S 87-09 be continued to the Planning Commission meeting of February 23, 1988. Motion carried _._ unanimously (5-0-2). t • t i -3- PD 87-12 Continued public hearing to consider the Pluto, D. application of Mr. David Pluto for a Planned Development Permit, plans, elevations, and development schedule to allow the conversion of an existing residence to an office on property known as 121 N. First St. in a PD (Planned Development/Low-Medium Density Residential and/or Professional Office) Zoning District. Planning Director Kee reviewed the Staff Report of February 9, 1988, noting that Staff is recommending a continuance of this item. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. The Committee is also recommending a continuance in order that revised plans may be submitted. Chairman Christ opened the public hearing and invited anyone to speak on this item. Discussion ensued as to whether there would be a quorum at the March 8, 1988, meeting because of the number of commissioners attending the Planning Commissioner's Institute. A motion to continued this item to the meeting of March 22, 1988 failed. M/S: Perrine, Olszewski - That the public hearing on PD 87-12 be continued to the Planning Commission meeting of March 8, 1988. Motion carried (3-2-2 vote). . * • PD 88-02 Public hearing to consider the application of Enfantino, G. Mr. Gene Enfantino for a Planned Development Permit, plans, elevations, and development - schedule to allow construction of 4 townhomes on property known as 660 W. Parr Ave. in a PD (Planned Development/Low-Medium Density Residential) Zoning District. Planning Director Kee reviewed the Staff Report of February 9, 1988, noting that Staff is recommending a continuance in order 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 with the applicant's concurrence. Commissioner Kasolas asked that information be provided in the next Staff Report regarding coverage of other properties in the immediate vicinity. -4- Chairman Christ opened the public hearing and invited anyone to speak on this _ item. Mr. Robert Hill, 1560 Capri Drive, indicated he had no objection to the plans; however, he requested that the Commission provide a condition to address the problem of noise, dirt, and construction crews parking vehicles and equipment and supplies on his property as has happened in the past. M/S: Olszewski, Perrine - That the public hearing on PD 88-02 be continued to the Planning Commission of February 23,.1988. Motion carried unanimously (5-0-2). Commissioner Dickson requested Staff to come back with a draft of a condition which might address Mr. Hill's concerns; and, perhaps might be used as a standard condition to control noise, dirt, .and parking problems during the construction process. • * • ZC 87-15 Public hearing to consider the application of PD 87-14 Ainsley Development, Inc. for a Zone Change Ainsley Development from R-1-6 (Single Family Residential, 6000 sq.ft. minimum lot size) to PD (Planned ___ Development); and, for a Planned Development Permit, plans, elevations, and development schedule to allow construction of 9 single family homes on property known as 921 ~ 931 Hazel Ave. Planning Director Kee reviewed the Staff Report of February 9, 1988, noting that Staff is recommending a continuance. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. The Committee is recommending a continuance to the meeting of February 23, 1988, with the concurrence of the applicant. A letter from Thomas 6 Patricia Ferguson, 910 Hazel Ave., was noted for the record (attached hereto). Commissioner Kasolas requested further information regarding the City's experience with private streets, in that there appears to be a problem with this type of situation (ie. development on Hacienda Ave.). Chairman Christ opened the public hearing and invited anyone to speak on this item. Mr. Bill Kelly, 740 Craig Ave., expressed a concern about privacy for his property, and requested an 8' fence be built by the developer in his yard,as -- well as the provision of fast growing trees. He also requested that Plan C, bedroom 3 be provided with stained glass windows to allow for privacy on his property; and, that there be no bright lights or street lights for this development. -5- Mr. Tom Ferguson, 910 Hazel Ave., reiterated the concerns expressed in his letter, noting that he is concerned with parking in the area and felt that it has not been adequately provided for in this development. Commissioner Perrine noted that a continuance is being recommended in order to provide the applicant an opportunity to come back with fewer lots, thereby. solving several of the concerns expressed this evening. Commissioner Dickson expressed concern with the PD zoning, noting that this project appears to be too dense with inadequate parking, as well as a private street to be maintained by the development itself. These situations are not providing an overpowering benefit to the community as is required under the PD zoning. Mr. Joseph Navarro, 960 Hazel Ave., asked that the developer be required to provide sidewalks for Hazel Ave. He also requested a stop sign to slow traffic - down. M/S: Dickson, Perrine - That the public hearing on ZC 87-15/PD 87-14 be continued to the Planning Commission - meeting of February 23, 1988. Motion carried unanimously (5-0-2). r t PD 88-01 Public hearing to consider the application of Edsinger, R. Mr. Roger Edsinger for a Planned Development Permit, plans, elevations, and development schedule to allow the conversion of a house to an office on property known as 219 Dillon Ave. in a PD (Planned Development/ industrial) Zoning District. Planner II Woodworth reviewed the Staff Report of February 9, 1988, noting that Staff is recommending approval of this application. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. The Committee is also recommending approval, in that the Architectural Advisor expressed satisfaction with the presented plans at the meeting. Chairman Christ opened the public hearing and invited anyone in the audience to speak on this item. M/S: Perrine, Olszewski - That the public hearing on PD 88-01 be closed. Motion carried unanimously (5-0-2). M/S: Olszewski, Perrine - That the Planning Commission adopt Resolution No. 2505, including findings and conditions as indicated in the Staff Report of February 9, 1988, recommending that the City Council approve PD 88-01. Motion carried with the following roll call vote: -6- AYES: Commissioners: Kasolas, Perrine, Olszewski, Dickson, Christ NOES: Commissioners: None _ ABSENT: Commissioners: Stanton, Walker. ~ t f S 88-02 Public hearing to consider the application of Phu, T. Mr. Troung H. Phu for a site and architectural application to allow the move-on of a single family residence on property known as 1590 Walters Ave. in an R-1-9 (Single Family/Low Density Residential, less than 4.5 units/gross acre) Zoning District . Planning Director Kee reviewed the Staff Report of February 9, 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 recommending approval with the added condition that the revised plans come back to the Committee for approval. Commissioner Kasolas stated that the house did not fit into the neighborhood, and that he would prefer the revised elevations to come back to the full Commission. He indicated that he was not prepared to go forward on this item __ at this time. Chairman Christ opened the public hearing and invited anyone to speak on this item. Mr. Randy Sacks, 1603 Walters Ave., wanted to make sure that the house being moved on was not in addition to the existing house. Mr. Woodworth indicated that the property will have only one residence, and that the existing house is being removed. M/S: Olszewski, Perrine - That the public. hearing on S 88-02 be closed. Motion carried 3-2-2. M/S: Perrine, Olszewski - That the Planning Commission adopt Resolution No. 2506, including the findings and conditions as indicated in the Staff Report of February 9, 1988, and approve S 88-OZ with revised plans to come back to the Site and Architectural Review Committee. Commissioner Dickson offered an amendment to the motion to provide for the revised plans to come back to the full Commission for approval. The amendment was accepted by Commissioners Perrine and Oklszewski. -~- That the Planning Commission adopt Resolution No. 2506, including the findings and conditions as indicated in the Staff Report of February 9, 1988, and approve S 88-02 with revised plans to come back to the Planning Commission for approval. Commissioner Kasolas stated that he would be voting 'no• in that he did not feel that move-on's were in the best interest of the community. AYES: Commissioners: Perrine, Olszewski, Dickson, Christ NOES: Commissioners: Kasolas ABSENT: Commissioners: Stanton, Walker. t : : _ V 88-O1 Public hearing to consider the application of Felix, J. Mr. and Mrs. Joseph Felix for a variance to the side and rear yard setback requirements to allow a detached garage on property known _ as 596 Emory Ave. in an R-1-10 (Single Family/Low Density Residential, less than 3.5 units/gross acre) Zoning District. Planning Director Kee reviewed the Staff Report of February 9, 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 recommending apppoval. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Perrine, Olszewski - That the public hearing on V 88-01 be closed. Motion carried unanimously (5-0-2). M/S:~ Perrine, Olszewski - That the Planning Commission adopt Resolution No. 2507, including findings and conditions as indicated in the Staff Report of February 9, 1988, approving V 88-01. Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Perrine, Olszewski, Dickson, Christ NOES: Commissioners: None ABSENT: Commissioners: Stanton, Walker. * f • The Commission recessed at B:55 p.m.j the meeting reconvened at+ 9:10 p.m. * • -a- V 88-02 Public hearing to consider the application of _~ Hicks, J. Mr. Jim Hicks fora variance to the front, side, and rear setbacks to allow the construction of a single family home on -- property known as 657 Regas Dr. in an R-1-6 (Single Family/Low Density Residential, less than 6 units/gross acre) Zoning District. Planner II Woodworth reviewed the Staff Report of February 9, 1988, noting that Staff is recommending approval of the requested front yard setback, and denial of the requested side and rear yard setback requests. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. A continuance is being recommended in that the Committee doesn't necessarily agree with Staff's recommendation for approval of the front yard setback. The Committee is of the opinion that the lot may be developable in another way. Chairman Christ opened the public hearing and ivnited anyone in the audience to speak on this item. Mr. Emilio Falcocchia spoke against the variance for pedestrian and vehicular safety reasons. Mr. Jim Hicks, applicant, noted that the average home in this area is 2700 sq.ft. At this time, he is mainly concerned with the front setback, noting ---, that if this is granted he might be able to construct a 2100 sq.ft. home on the property. M/S: Dickson, Perrine - That the public hearing on V 88-02 be continued to the Planning Commission meeting of February 23, 1988. Motion carried unanimously (5-0-2). s : • V 88-03 Public hearing to consider the application of Cliff, B. Mr. Bill Cliff for approval of a variance to Sections 21.06.010 and 21.12.050 to allow three dwelling units on a lot which has an area of approximately 6,575 square feet, in lieu of 9,000 square feet as required in an R-M (Multiple Family Residential) Zoning District on property known as 65 Shelley Ave. Planner II Marty Woodworth reviewed the Staff Report of February 9, 1988, noting that Staff is recommending denial of this request. Commissioner Kasolas noted that changes in the regulations have resulted in more restrictive rules for remaining in-fill projects. Much of .the development --~ in this area was done prior to the new zoning ordinance, and the Commission should be able to look at this situation to see if the rest of the street could be developed under the current rules. . -9- Commissioner Dickson noted that the variance is a very strong mechanism which must be used strictly or the whole ordinance looses its purpose. Commissioner Dickson continued that this hardship is self-imposed. Planning Director Kee reported that considering the gross area, including to the centerline of the street, there would be enough area to qualify for three units. Commissioner Dickson indicated that the zoning on this property fs R-M-S; therefore, the net lot area must be used, not the gross area. Chairman Christ opened the public hearing and invited anyone to speak on this item. Mr. Bill Cliff, applicant, stated that the proposed development does fit in with the low-medium density for the area; everything else on the street is built under the PD zoning. Mr. Mark Snow, MHS Design, stated that the buildings footprint is 36$, which is less than most development in the area, setbacks and parking are being met, and the project fits within the codes except for the square footage of the lot. Commissioner Olszewski asked what findings would be used for approval of this variance. Discussion ensued about the possible findings, and a continuance in order that a full commission be present. The applicant agreed with a continuance. Ms. Nell Shah, realtor for the property, spoke in favor of the variance because of the housing shortage. Chairman Christ noted that a petition has been received on this matter (attached hereto). M/S: Perrine, Olszewski - That the public hearing on V 88-03 be continued to the Planning Commission meeting • of February 23, 1988. Motion carried unanimously (5-0-2). : • Commissioner Dickson requested that the City Attorney review the Variance checklist, and include information in the next agenda packet. ZC 87-14 Continued public hearing to consider the PD 87-13 application of MHS Design Group for a zone MHS Design change from R-M-S (Multiple Family Residential) to PD (Planned Development )= and, a Planned Development Permit, plans, elevations, and development• schedule to allow the construction of 3 townhomes on property known as 65 Shelley Ave. -10- Planning Director Kee reviewed the Staff Report of February 9, 1988, noting - that this item is directly related to V BB-03, therefore Staff is recommending a continuance. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. The Committee is recommending a continuance for revised plans. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Perrfne, Olszewski - That the public hearing on ZC 87-14/PD 87-13 be continued to the Planning Commission meeting of February 23, 1988. Motion carried unanimously (5-0-2). • s t ZC 87-12 Continued public hearing to consider the PD 87-11 application of Mr. Alex Kotylar for a zone Kotylar, A. change from R-3-S (Multiple Family Residential) to PD (Planned Developments and, a Planned Development Permit, plans, elevations, and development schedule to allow the construction of 23 townhomes on property known as 400 Union Ave. _~ Planning Director Kee reviewed the Staff Report of February 9, 1988, noting that Staff fs recommending a continuance for revised plans. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Olszewski, Dickson - That the public hearing on ZC 87-12/PD 87-11 be continued to the Planning Commission meeting of February 23, 1988. Motion carried • unanimously (5-0-2I. • • MISCELLANEOUS R 87-07 Continued request for reinstatement of S 85-14 previously approved plans allowing Johnson, R. construction of a retail building on property known as 915 b 921 S. San Tomas Aquino Rd. in a C-1-S (Neighborhood Commercial) Zoning District. Planning Director Kee reviewed the Staff Report of February 9, 1988, noting that Staff fs recommending a continuance in that revised plans have not been - submitted. -11- M/S: Dickson, Perrine - That R 87-07/S 85-14 be continued to the Planning Commission meeting of February 23, 1988. Motion carried unanimously (5-0-2). • ~ TS 88-01 Tentative Subdivision Map - Lands of Telesis Lands of Telesis Construction - 3675 S. Bascom Ave. - APN 414-40-59. M/S: Kasolas, Perrine - That the Planning Commission find the proposed map in accord with the General Plan; and, that the Planning Commission recommend that the City Council approve this Tentative Subdivision Map subject to the conditions as indicated in the Staff Report of February 9, 1988. Motion carried unanimously (5-0-2). * • • M 86-27 Staff Report - One-year review of parking - Fulk, A. 1436 Whiteoaks Rd. - M-1-S (Light Industrial) Zoning District. M/S: Kasolas, Dickson - That this report be noted and filed. Motion carried unanimously (5-0-2). # • . OTHER ITEM BROUGHT UP BY COMMISSION Commissioner Dickson noted that he would not be at the meeting of March 8, 1988, because he is attending the Planning Commissioner's Institute in Anahefm. Planning Director Kee requested that the issue of continuances be agendfzed for the meeting of February 23, 1988. ADJOURNMENT There being no further business, the meeting was adjourned at 10:15 p.m. APPROVED: Ronald W. ,Christ Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recording Secretary ~~ ~~ ~~ To t City of Campbell Planning Commission Dear Sirs, We, the residents of the city of Campbell oppose the permit to establish a hobby kennel at 94B Crockett Ave. for the following reasonss i. The applicant's (Susan Maj> use permit request is for a kennel for 3-b dogs, which is two dogs more than the amount o4 dogs she intends to keep on her property. 2. A limit of 2 adult (older than 4 months) dogs is a reasonable amount per household. 3. If she indeed want to keep 4 dogs on her property, she should submit a hobby kennel for only 4 dogs not S-b. 4. Constant barking and yelping by extra dogs upset the immediate neighbors. ~. City of Campbell ordinance allows the dog kennel owner to _` keep dogs 24 hours of the day. The owner of the dog kennel said she is working during the day. Who is going to take care of the dogs in her absence? b. The propose 1 i mf t of 3-6 dogs i s hard to enf orce. If she is allowed a use permit far 3-b dog kennel, what is there to keep her from possibly housing 2 additional dogs? 7. Once it is know that there is a dog kennel in addition to her dog training establishment, property values of surrounding homes could depreciate in value. The personal gain of the residential business should not supersede the interest of the surrounding neighbors. 8. The applicant for the dog kennel says that she is only going to tr:in dogs. The city ordinance does not limit dog kennels to dog training. It does allow everything legal in reference to running dog kennels. 9. What about puppies? The ordinance allows hobby breeding. What if the owner realizes that training is non- profitable, and decides the real money is in breeding. Even with only 4 dogs with 6 puppies each kept for the allowed four months allowed by the city, the kennel could keep raising puppies until this property is overwhelmed. --- 10. The applicant presently operates a dog training establishment at 948 Crockett Ave. She is presently not oper:tinq within the established guidelines covered by the Home .Occupation Permit of the City of Campbell. The concept of operating a business in a residential area is that no perception of business in the residence actually ~ ~~ ate. ~~ . 2 . exists. She presently violates these guidelines by having a business sign vi si bl a from the street, business is not being conducted solely within the housether clients and their dogs are being train outdoors), she also keeps vehicles used in her business on the property which is not allowed. Taking this into consideration what makes believe the hobby kennel is not just an outdoor expansion of her businesstwhich would also be in violation of the home occupation permit). 11. She has stated at a previous hearing that she intends to use the hobby kennel to house her. dogs. There is already a cyclone fenced enclosure on the property at this time. Why does she need another? As I have stated, her intentions for the use, either personal or business related are unclear. If her business is increasing where it is no longer feasible to operate out of the home, which she isn't , she should make plans to expand her business in a business related area not a residential section of Campbell . 12. If we are going to present the appearance of a residential neighborhood, Susan Maj should comply with the home occupation permit guidelines, the ordinance allowing only 2 dogs, and not be allowed to build a hobby kennel. 13. A business permit is like drivers licence, it is not • right, it is a privilege. Si nc Name Addr Camp Name Addr Campbell,Ca. ~- ~ Name: ____ ~SiL~.lx'{(r11Q .l~~l~ Address_ ~~o ~,~C~~~-Y---- Campbell ae • Name _ ~ Address _ _ Campb 1 /~~ Name s Address_S~_/ __ _ __ CampbelL~~a. Names ___ Address ~ _~~ Campbel 1 , Ca. ~j~~p Names Addre Campb Names Addre , Ca. Address Campb ,C Name: _ Addres j Campbell, a Names .( ~' Address_~~ Campbell,Ca~ Namea____ Address__ ~(¢_ Campbell,Ca. A ~.~- .~ rnzy . d~-En~ yea, 5 February 8, 1988 Arthur Kee City of Campbell Planning Commission 70 North First Street Campbell, California 93008 Re: ZC 87-33/PD 87-14, 921 ik 931 Hazel Ave Dear Mr. Kee This letter is in response to the letter we received dated January 28, 1988, and regards the referenced project on Hazel Ave. My wife and I live at 910 Hazel Ave, which is across the street from the project. We are pleased that Ainsley Development wants to improve the parcel. We f eel this will be an isprovement in our communitee. However, we have some concerns relating to the project. . i. We reviewed the plans and saw that most of the lot. sizes were aproximately 6000 sq.ft.. Many of the lots in the neighborhood exceed that size, including our own and our next door neighbors. We feel it would be more reflective of the neighborhood if the Ainsley homes were on lots in the 8000 to 10,000 sq ft size. In addition several neighbors have expresed concerns regarding the relatively small set backs. The increased lot sizes may afford the existing neighbors more privacy 2. Hazel Avenue already receives a lot of traffic, our concern is the increased traffic these new homes will bring. Have traffic studies been made on Hazel Ave.? What traffic control-measures are possible? Has the idea of closing Hazel Ave. ever been investigated? 3. In reviewing the plans we noticed a shortage of parking on the street, for the number of homes. We do not want the overflow parking to be on our side of the street. 4. During construction we ar• concerned about: traffic controls pedestrian saifetyi increased garbage, dust and noises and possible damage to adjacent properties. Sincerely,, ,~ Thomas and Patr i c i a Ferguson FE ~ ~t ~ ;~`r, _.._ CITY Or G~;~.~~_ :. L:_ PLANNING DEPART M.c.NT