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PC Min 01/12/1988PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 PM MINUTES JANUARY 12, 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, Olszewski, Christ, Walker, Dickson, Perrine; Planning Director A. A. Kee, Principal Planner Phil Stafford, Engineering Manager Bill Helms, City Attorney Bill Seligmann, Recording Secretary Linda Dennis. Absent None. APPROVAL OF MINUTES M/S: Perrine, Stanton That the minutes of the Planning Commission meeting of December 8, 1987, be approved as submitted. Motion carried unanimously (7-0-0). SPECIAL PRESENTATIONS Chairman Christ presented a plaque to outgoing Chairman, Commissioner Perrine. COMMUNICATIONS Planning Director Kee reported that communications received pertained to specific item on the agenda. ORAL REQUESTS There being no oral requests, Chairman Christ proceeded with the set agenda. PUBLIC HEARINGS UP 87-22 Public hearing to consider the application of Maj. S. 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 January 12, 1988, noting that Staff is recommending a continuance to February 9, 1988. Correspondence from Mr. Max Alford opposing this use was noted for the record (attached hereto). -2- Chairman Christ opened the public hearing and invited anyone to speak on this item. Ms. Susan Maj, applicant, questioned the why the description of the hobby kennel referred to 3-6 dogs, and why she was being limited to 4 dogs. She also noted that the kennels were basically chainlink structures, and asked about the required codes for such structures, noting that they are not permanent structures. Ms. Maj indicated that she would like a decision from the Commission this evening. Ms. Terry Pierce, 967 Crockett Ave., spoke against the application, noting that the neighborhood is trying to improve and a kennel doesn't seem appropriate. Mr. Tony Ferranti, 948 Crockett Ave., noted that nothing is being added to the property that has not been there for five years; there has never been a complaint, and there should be no objections. The applicant is only asking for legal sanction of what she has been doing. Mrs. Tisa Wells, 959 Crockett Ave., spoke in favor of the application, noting that the use has not been a problem. .She indicated that there is an automotive repair next to the subject property which adds a good amount of blight to the area. Mrs. Rachel Salcido, 975 Crockett Ave., opposed the application. Mrs. Salcido asked that something be done about the automotive repair business on the street. Ms. Maj indicated that the neighborhood is very run-down, including the automotive repair, drugs, number of animals including chickens and roosters, and a number of permanently parked cars. M/S: Olszewski, Perrine - That the public hearing on UP 87-22 be continued to the Planning Commission meeting of February 9, 1988, with the applicant's concurrence, in order that the applicant may address concerns indicated in the Staff Report of January 12, 1988. Motion carried unanimously (7-0-0). M/S: Kasolas, Perrine - That the issue of the automotive repair use on Crockett Ave. be agendized for the meeting of February 9, or shortly thereafter; and, that Staff do a study of the area between Westmont and Elam, including suggestions for improving the area and it's history - to be agendized for a meeting in the near future, in order that the Commission may discuss some direction for community improvement from a planning standpoint. Motion carried unanimously (7-0-0). -3- S 87-12 Public hearing to consider the application DiConza, J. of Mr. Joseph DiConza for approval of a site and architectural application to allow the construction of a single family residence on property known as 1724 W. Hacienda Ave. in an R-1-9 (Single Family Residential) Zoning District. Planning Director Kee reviewed the Staff Report of January 12, 1988, noting that Staff is recommending approval. This item is before the Commission because of the zoning and size of the property (R-1-9). Commissioner Olszewski reported that this item was discussed by the Site and Architectural Review Committee. The Committee is recommending approval, subject to redlining of the presented plans which addresses fencing. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Perrine, Stanton - That the public hearing on S 87-12 be clgsed. Motion carried unanimously (7-0-0 ). M/S: Dickson, Stanton - That the Planning Commission adopt Resolution No. 2501, including findings and conditions as indicated in the Staff Report of January 12, 1988, approving S 87-12. Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Walker, Dickson, Christ NOES: Commissioners: None ABSENT: Commissioners: None. # • ZC 87-05 Continued public hearing to consider the PD 87-04 application of Mr. Rassoul Aleshi for a zone Aleshi, R. 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 two townhomes on property known as 548 W. Hacienda Ave. Planning Director Kee reviewed the Staff Report of January 12, 1988, noting that Staff is recommending approval of this item; and that the setbacks are consistent with code requirements for the R-M Zoning District. The PD Zoning is to allow private ownership of the units. Commissioner Olszewski reported that this item was discussed by the Site and Architectural Review Committee. The Committee is recommending approval, since the applicant has addressed previous concerns by adding awnings to the windows and providing arched entryways. -4- Chairman Christ opened the public hearing and invited anyone to speak on this __ item. M/S: Perrine, Stanton - That the public hearing on ZC 87-OS/PD 87-04 be closed. Motion carried unanimously (7-0-0). M/S: Stanton, Olszewski - 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 Resolution Nos. 2502.& 2503 recommending that the City Council approve a zone .change from R-M-S to PD for the subject property, and approval of a Planned Development Permit, with the findings and conditions as indicated in the Staff Report of January 12, 1988. Discussion on motion Commissioner Walker spoke against the motion, noting that he would like to see additional consideration given to the ingress/egress of the development due to its location on a major street and a corner. Commissioner Kasolas spoke in favor of the motion, noting that to deny this ~_ application because of the circulation, the Commission could be setting a policy that would disallow backing out onto a street. Commissioner Dickson indicated that although backing out onto this street is not the most ideal situation, it does exist all along the street at this time. Vote on motion AYES: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Dickson, Christ NOES: Commissioners: Walker ABSENT: Commissioners: None. M 87-30 Public hearing to consider the application of Apple Computer Apple Computer, Inc., for a modification to an approved Planned Development Permit to allow the addition of a cafeteria and interior modifications to an existing facility on property known as 600 E. Hamilton Ave. in a PD (Planned Development/Commercial) Zoning District. Planning Director Kee reviewed the Staff Report of January 12, 1988, noting _- that Staff is recommending approval of this application. -5- Commissioner Olszewski reported that this item was discussed by the Site and Architectural Review Committee; and, the Committee is recommending approval. Chairman Christ opened the public hearing and invited anyone to speak on this item. Mr. Ken Hayes, Architect, and Mr. Chris Hong with Apple Computer, answered questions from the Commission. Mr. Hong noted that there is a project staff count of 240 people for this facility, and the cafeteria is planned to accommodate those on-site employees. The cafeteria area will also include conference facilities, and some recreational uses such as ping-pong. Discussion-ensued regarding the current use, approved use, and future use of the site; the intensity of use on the site. Commissioners Kasolas and Dickson expressed a concern that the use was intensifying with the City's approval. M/S: Perrine, Walker - That the public hearing on M 87-30 be closed. Motion carried unanimously (7-0-0). M/S: Dickson, Walker - That the Planning Commission adopt Resolution No. 2504 recommending that the City Council approve M 87-30, with the findings and conditions of approval as indicated in the Staff Report of January 12, 1988, with the added condition that Staff report back to the Commission in six months on the use of this facility, including traffic. Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Walker, Dickson, Christ NOES: Commissioners: None ABSENT: Commissioners: None. t * t ZC 87-14 Public hearing to consider the application of PD 87-13 MHS Design Group for a zone change from R-M-S MHS Design (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. Planning Director Kee reviewed the Staff Report of January 12, 1988, noting that Staff is recommending continuance so that a revised plan may be submitted, in that the property is not large enough for the proposed three units. -6- Commissioner Olszewski reported that this item was discussed by the Site and Architectural Review Committee. The Committee is recommending continuance. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Perrine, Stanton - That the public hearing on ZC 87-14/PD 87-13 be continued to the Planning Commission meeting of January 26, 1988. Motion carried unanimously (7-0-0). S 87-09 Public hearing to consider the site and Anderson, K. architectural 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 January 12, 1988, noting that Staff is recommending a continuance. Commissioner Olszewski reported that this item was discussed by the Site and Architectural, Review Committee. The applicant has agreed to address the height issue of the structure; provide a photo montage showing the relationship of this building to the neighborhood; and further articulation of the rear elevations; therefore, a continuance is recommended. Chairman Christ opened the. public hearing and invited anyone to speak on this item. M/S: Perrine, Stanton - That the public hearing on S 87-09 be continued to the Planning Commission meeting of February 9, 1988. Motion carried unanimously (7-0-0). f • PD 87-12 Public hearing to consider the application of Pluto, D. 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. -7- Planning Director Kee reviewed the Staff Report of January 12, 1988, noting that Staff is recommending a continuance of this item. Commissioner Olszewski reported that this item was discussed by the Site and Architectural Review Committee. Discussion included the retention of existing trees; attempting to maintain unique archway on the site; and the possible addition of landscaping elements to the building; therefore, a continuance is recommended. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Dickson, Walker - That the public hearing on PD 87-12 be continued to the Planning Commission meeting of February 9, 1988. Motion carried unanimously l7-0-0). ZC 87-12 Public hearing to consider the application of PD 87-11 Mr. Alex Kotylar for a zone change from R-3-S Kotylar, A. Multiple Family Residential) to PD (Planned Development; and, a Planned Development Permit, plans, elevations, and development schedule to allow the construction of 23 townhomes on property known as 400 Union Ave. Principal Planner Stafford reviewed the Staff report of January 12, 1988, noting that Staff is recommending a continuance of this item. A communication from the Cambrian Village Homeowner's Association opposing this application was noted for the record (attached hereto). Commissioner Olszewski reported that this application was before the Site and Architectural Review Committee. The Committee discussed the concerns of the Staff as well as the lack of a trash enclosure for the development. A continuance is recommended, with the applicant's concurrence. Engineering Manager Helms addressed the statements in the letter from the Cambrian Village Homeowner's Association regarding the lack of proper storm drain facilities in the area, noting that the area referred to is not within Campbell's jurisdiction. Public Works Staff is of the opinion that this proposed development would not further add to the existing storm drain situation in the area. Chairman Christ opened the public hearing and invited anyone to speak on this item. Mr. Ed McCandless, 386C Union Ave., Union Avenue Homeowner's Association, spoke against the project. Mr. McCandless noted that the project was too dense, that the units were too close together, that all the trees were proposed for removal, that the storm drain is inadequate in the area, and that traffic on Union Avenue is a real issue. He continued that the area is in need of open space in that there are numerous families living there with children who have no place to play. -8- M/S: Perrine, Stanton - That the public hearing on ZC 87-12/PD 87-11 be continued to the Planning Commission meeting of January 26, 1988, with the applicant's concurrence. Motion carried unanimously (7-0-0). PD 87-06 Continued public hearing to consider the Sparling, J. application of Mr. John Sparling for a Planned Development Permit, plans, elevations, and development schedule to allow the construction of an industrial/warehouse building on property known as 426 ~ 430 Sam Cava Lane in a PD (Planned Development/Industrial) Zoning district. Planning Director Kee reviewed the Staff Report of January 12, 1988, noting that Staff is recommending a continuance of this item, with the applicant's concurrence. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Walker, Stanton - That the public hearing on PD 87-06 be continued to the Planning Commission meeting of March 8, 1988, with the applicant's concurrence. Motion carried unanimously (7-0-0). • : f The Commission recessed at 9:20 p.m.; the meeting reconvened at 9:35 p.m. * * • UP 87-21 Continued public hearing to consider the Jiffy Lube application of Jiffy Lube international for approval of a Use Permit to allow a car wash in a portion of a building approved for automotive services on property known as 1387 Camden Ave. in a C-1-S (Neighborhood Commercial) Zoning District. Principal Planner Stafford reviewed the-Staff Report of January 12, 1988, noting that Staff had recommended that the Commission deny without prejudice the applicant's proposal for a use permit in that a car wash is not a permitted use in a C-1-S Zoning District; however, the applicant has requested a continuance in order to try to explore possibilities. Therefore, Staff would be in agreement with a 60 day continuance. Chairman Christ opened the public hearing and invited anyone to speak on this item. -9- Commissioner Dickson expressed a concern with the request for a continuance in that the proposed use was not allowable in the C-1-S (Neighborhood Commercial) Zoning District. Mr. Jim Borden, District Manager for Jiffy Lube, noted that the City Council had indicated that they would seriously consider zoning the entire area C-2-S (General Commercial) if more property was included; and, the adjacent property owner has approached Jiffy Lube with a possible deal. M/S: Kasolas, Perrine - That the public hearing on UP 87-21 be continued to the Planning Commission meeting of March 8, 1988. Motion carried 6-1-0, with Commissioner Dickson voting 'no'. Discussion ensued regarding the landscaping plan for the previously approved plans on this site (UP 87-18). A condition of approval for this project required that the landscaping plans be approved by the Planning Commission. M/S: Olszewski, Kasolas - That the Planning Commission approve the presented landscape plans, as redlined, for UP 87-18. Motion carried unanimously (7-0-0 ). t TA 87-04 Public hearing to consider a City-initiated City-initiated text amendment to Sections 21.61.070 and 21.50.050 of the Campbell Municipal Code establishing standards and procedures for review of Large Family Day Care Homes which provide family day care facilities for 7-12 children, including children who reside at the home, in residential zoning district. Principal Planner Stafford reviewed the Staff Report of January 12, 1988, noting that Staff is recommending approval as presented. Commissioner Kasolas expressed concern that the 100' radius for objections was inadequate; and, there appears to be no uniform standard as to whether it comes before the Commission or Council because of neighborhood objections. City Attorney Seligmann noted that approval does not depend on the objection by neighbors. The objections would determine if the matter goes forward to the Commission, rather than being approved at Staff level. Mr. Seligmann continued that the use is mandated by State Law. Chairman Christ opened the public hearing and invited anyone to speak on this item. Mrs. Sybil Alford, 1536 Hack Ave., stated that the City's regulations are not strict enough on these large day care facilities, nor is the County concerned with the available square footage per child. Mrs. Alford spoke in favor of restricting these types of uses in residential areas, noting how frightening it is to wake up to this situation next door to you,~and know that you have no control or say over the situation. -10- Discussion ensued regarding the areas the City might be able to have restrictions; how other communities have addressed this situation; the impropriety of having the Planning Director responsible for a conditional use permit process; and the exact things mandated by State Law for this use. M/S: Dickson, Stanton - That the public hearing on TA 87-04 be continued to the Planning Commission meeting of February 23, 1988; and, that Staff contact other cities to see what they are doing with this; report back on what areas can be restricted by the City; and look at the possibility of removing the Planning Director as the responsible person for .approving these uses. Motion carried unanimously (7-0-0). * f r MISCELLANEOUS Staff Report Staff Report regarding the definition of a "hobby kennel'. Planning Director Kee reviewed the Staff Report of January 12, 1988. M/S: Kasolas, Dickson - That the Planning Commission adopt the following definition for a "hobby kennel": "Hobby Kennel: A facility providing shelter and care for 3-6 dogs, which are all owned by the resident or property owner of the subject property. Such facility shall not board or care for dogs belonging to any other person, nor shall it be used for purposes of breeding dogs." Motion carried unanimously (7-0-0). * ~ SA 87-73 Request of Alpha Beta for approval of a new Heath & Co. fascia and signing at 150 N. San Tomas Aquino Rd. in a C-1-S (Neighborhood Commercial) Zoning District. Principal Planner Stafford reviewed the Staff Report of January 12, 1988, noting that Staff is recommending approval of this request. Commissioner Ols2ewski reported that the Site and Architectural Review Committee discussed this item, and is also recommending approval. M/S: Kasolas, Stanton - That the Planning Commission adopt the __ . findings and conditions indicated in the Staff Report of January 12, 1988, and approve SA 87-73 as presented. Motion carried unanimously (7-0-0). -11- R 87-08 Request for reinstatement of previously PD 86-07 approved Planned Development Permit allowing Wolf, T. construction of an industrial building on property known as 190 Dillon Ave. in a PD tPlanned Development/Industrial) Zoning District. Principal Planner Stafford reviewed the Staff Report of January 12, 1988, noting that Staff is recommending approval of a revised development schedule granting a one-year extension of this approval. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. The Committee is also recommending approval, per Staff's recommendations. M/S: Kasolas, Dickson - That the Planning Commission adopt the revised development schedule and grant a one-year extension of the applicant's approval, subject to the previous conditions of approval. Motion carried unanimously (7-0-0). TS 87-06 Lands of Kenoyer Tentative Subdivision Map - Lands of Kenoyer 153 Shelley Ave. - APN 413-79-47. Principal Planner Stafford reviewed the Staff Report of January 12, 1988, noting Staff is recommending approval. M/S: Pertine, Olszewski - That the Planning Commission find the proposed map to be in accord with the General Plan; and that the Planning Commission recommend that the City Council approve this map subject to the conditions as indicated in the Staff Report of January 12, 1988. Motion carried unanimously (7-0-0). R 87-07 Request for reinstatement of previously S 85-14 approved plans allowing construction of a Johnson, R. 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 January 12, 1988, noting that Staff is recommending a continuance. of this item as a result of the Site and Architectural Review Committee meeting. Commissioner Ols2ewski reported that this item was considered by the Site and Architectural Review Committee. The Committee is recommending a continuance in order that the applicant can address the concerns expressed by the Architectural Advisor. -12- Commissioner Kasolas asked what changes were made that were significant enough to continue this item. Commissioner Olszewski indicated that there was a change in building materials and parking on the applicant's part. The Architectural Advisor had concerns about the building's design. And, the project is being reviewed as a new application in that the original approval time has elapsed. Commissioner Dickson indicated that the proposed structure will be a great improvement over what is on the site at this time; and, he felt that revisions could come back to Staff for approval, thereby moving this item from the agenda. M/S: Perrine, Olszewski - That R 87-07/S 85-14 be continued to the Planning Commission meeting of February 9, 1988, in order that revised plans may be submitted. Motion carried with a vote of 4-3-0, with Commissioners Kasolas, Walker and Dickson voting 'no'). Referral Referral from the City Council regarding City Council noise caused by vending trucks. Planning Director Kee reviewed the Staff Report of January 12, 1968. Commissioner Olszewski expressed a concern with construction noise in the early hours. Chairman Christ noted that he would like to see something which addresses the modification of exhaust systems of vehicles (similar to San Jose's) added to any ordinance. M/S: Perrine, Dickson - That the Planning Commission recommend that the Cfty Council consider adding a 'Disturbing the Peace' section to the Campbell Municipal Code to regulate the sounding of horns and other signaling devices on motor vehicles. Motion carried 5-2-0. * : Staff Report Staff Report regarding Tree Preservation Policy. Planning Director Kee reviewed the Staff Report of January 12, 1988. Commissioner Dickson thought that it was important to see how much Staff does before a plan gets before the Commission, noting that Staff has always been sensitive to keeping vegetation on-site. -13- Commissioner Olszewski spoke in .favor of appointing a committee to further study the issue. Chairman Christ indicated that a policy might be appropriate or adequate; however, the policy would have to be carefully worded to prevent removal of trees. It was the consensus of the Commission that Commissioners Olszewski and Stanton would work with Staff to study the issue of a tree preservation policy or ordinance further. s Staff Report Continued Staff Report regarding Planning Commission Handbook. Principal Planner Stafford reviewed the Staff Report of January 12, 1988. M/S: Kasolas, Stanton - That the Planning Commission adopt the presented draft of a revised Planning Commissioner's Handbook. Motion carried unanimously (7-0-0). * * • SUBCOMMITTEE REPORTS Subcommittee Reports Site & Architectural Review Procedure Subcommittee; Liaison to City Council; Site & Architectural Review Committee. Commissioner Kasolas asked how the position of "Liaison to the City Council" got started, noting that the Council has taken a position that they would like better communication with commissioners on a one-on-one basis. It was the consensus of the Commission that the position of "Liaison to the City Council" be eliminated at this time; and, that the Tree Preservation Committee be added to the list of Subcommittees. ADJOURNMENT There being no further business, the meeting was adjourned at 11:18 p.m. APPROVED: Ronald W. Christ.. Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recording Secretary