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PC Min 12/08/1987PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 PM MINUTES DECEMBER 8, 1987 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: Rasolas, Stanton, Olszewski, Christ, Talker, Dickson, Perrinef Planning Director A. A. Ree, Planner iI Marty Moodworth, Engineering Manager Bill Helms, City Attorney Bill Seligmann, Recording Secretary Linda Dennis. Absent None. APPROVAL OF MINUTES M/S: Stanton, Dickson That the minutes of the Planning Commission meeting of November 24, 1987, be approved with the following correction: Page 6, Paragraph 10 should read 'Commissioner Dickson indicated that although he would like to see more of a separation between buildings, the project met the architectural guidelines.' Motion carried unanimously (7-0). COMMUNICATIONS Mr. Ree noted that communications received pertained to specific items on the agenda and would be discussed at that time. ORAL REQUESTS Chairman Perrine asked if there was anyone in the audience who wished to address the Commission on an issue that was not on the agenda. There being no one, the Chairman proceeded with the set agenda. SPECIAL PRESENTATIONS Chairman Perrine presented a Resolution of commendation to Police Chief Donald Burr. ARCHITECTURAL APPROVALS M 87-28 Application of Mr. Fred Sahadi for approval ~ahadi, F. of modifications to the existing storefronts in the Pruneyard Shopping Center to allow more contemporary materials and architectural styles. -z- Planning Director Kee reviewed the Staff Report of December 8, 1987, noting that Staff is recommending approval for a two year period, rather than the previously indicated one year. i Commissioner Walker reported that this application was considered by the Site and Architectural Review Committee. The Committee is also recom~aending that an approval be valid for a two year period. M/S: Stanton, Walker - That the Planning Commission approve M 87-26, subject to the following conditions: (1) Individual storefront designs to be approved by the Planning Director upon the recommendation of the Architectural Advisor; (2) Applicant to secure necessary permits from the Campbell Building and Fire Departments; and (3) Approval valid for two years from the date of Planning Commission action unless an extension of approval is granted. Motion carried unanimously (7-0). .. • PUBLIC HEARINGS "DP 87-20 Public hearing to consider the application of Vidovic, J. Mr. John Vidovfc for a use permit and approval of plans to allow the construction of a secondary living unit on property known as 1856 Whiteoaks in an R-1-6 (Single Family Residential) Zoning District. Planning Director Kee reviewed the Staff Report of December 8, 1987, noting that Staff has a concern with the timing of the application as ft pertains to the access to the property. Staff is of the understanding that the applicant is in agreement with a continuance to allow time to get access to the site. Commissioner Walker reported that this application was considered by the Site and Architectural Review Committee. The Committee is recommending continuance to June 14, 1988, with the applicant's concurrence. Additionally, the applicant has indicated his willingness to redesign the carport to make it more architecturally compatible. Chairman Perrino opened the public hearing and invited anyone fn the audience to speak for or against this item. M/S: Olszewski, Christ - That the public heating on UP 87-20 be continued to the Planning Commission meeting of June 14, 1988. Motion carried unanimously (7-0). t • • -3- 'ZC 87-11 Continued public hearing to consider the PD 87-10 application of Mr. Kurt Anderson for a zone Anderson, K. 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 14 townhomes on property known as 3b75 S. Bascom Ave. Planning Director Kee reviewed the Staff Report of December 8, 1987, noting that Staff is recommending approval of this application. Commissioner Walker reported that this application was considered by the Bite and Rrchitectural Review Committee. The applicant has addressed the concerns previously expressed to the satisfaction of the Committee (ie. bay windows were needed for the design of the project and will be left as is= front decks will be redesigned to meet aetbacksf storage doors will match exterior= two trees will be saved= therefore, approval fs recommended. Commissioner Olszewski asked which trees were to be saved, and if the plans provided a tree protection plan. Mr. Kee indicated that this information would be provided in the landscape plans as a normal procedure. Commissioner Dickson asked about the amount of common open apace for the project, and noted that the PD zoning should provide for a project at least equal or better than what can be done under other zoning. Planner II Woodworth explained that there is no requirement for common open space under the PD zoning, and that this project is zoned for high density. Chairman Perrine. opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Kurt Anderson, applicant, noted that two trees will be retained on the site (1-24' and 1-30' pines)1 there will be 4 trees replacing each tree removed from the site= the decks will be reduced by 3' to meet setbacks= and the open space is provided in the deck area for each unit (approximately 120-150 aq.ft.). M/S: Kasolas, Walker - That the public hearing on ZC 87-11/PD 87-10 be closed. Motion carried unanimously (7-0). M/S: Kasolas, Stanton - That the Planning Commission recommend that the City Council accept the Negative Declaration which has been prepared for this project] and that the Planning Commission adopt Resolution Nos. 2497 i 2498, including findings and conditions as indicated in the Staff Report of December 8, 1987, recommending that the City Council approve ZC 87-11 and PD 87-10. -4- Discussion on ;notion Commissioner Dickson opposed the ;notion because he felt the plans should be completed prior to any action by the Commission= and, that there should be more open space provided. Commissioner Walker spoke for the motion in that he felt the concerns were addressed and the minor revisions could be handled by Staff. `Tote on motion !lotion carried with the following roll call vote: AYES: Commissioners; Kasolas, Stanton, Olszewski, Christ, Walker, Perrine NOES: Commissioners: Dickson ABSENT: Commissionersi None. • : • TS 87-03 Public hearing to consider a Tentative Lands of Ern Subdivision !lap to create 7 single family lots of 9,000 sq.ft. or more in an R-1-9 (Single Family Residential) Zoning District - 1371 i 1381 Harriet Ave. - APN 403-19-14 ~ - 15. Planner II Woodworth reviewed the Staff Report of December 8, 1987, noting that Staff is recommending a continuance with the applicant's concurrence, so that an alternative street layout may be considered. Chairman Perrine opened the public hearing and invited anyone in the audience to speak for or against this item. Mrs. Pearl Negrette, 1371 Harriet Ave. requested that a masonry wall be extended along her property line= and, noted that the published address of 1371 Harriet fs incorrect. !I/S: Olszewski, Walker - That the public hearing on TS 87-03 be continued to the Planning Com:ission meeting of January 26, 1988, with the applicant's concurrence. !lotion carried unanimously (7-0). Commissioner Chrfat requested more details regarding the the anticipated street improvements along Pollard Rd. and access to Van Dusen Lane at the meeting of January 26, 1988. f • ~ -5- S 87-10 Public hearing to consider the application of Anderson, K. llr. !curt Anderson for approval of plans to allow the construction of 7 single family homes on property known as 1371 i 1381 Eiarriet Ave. fn an R-1-9 (Single family Residential) Zoning District. Planning Director Kee noted that this item is directly related to TS 87-03p therefore, Staff is recommending a continuance. Chairman Perrine opened the public hearing and invited anyone in the audience to speak for or against this item. H/S: Kasolas, Stanton - That the public hearing on S 87-10 be continued to the Planning Commission meeting of January 26, 1988. Motion carried unanimously (7-0). iC 87-13 Public hearing to consider the application of OP 87-21 Jiffy Lube International for a zone change Jiffy Lube from C-1-S (Neighborhood Commercial) to C-2-S (General Commercial) and 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. Planning Director Kee reviewed the Staff Report of December 8, 1987. Mr. Kee recommended that the Commission consider the zone change separate from the use permit application for this item. Commissioner Walker reported that this item was before the Site and Architectural Review Committee, and the Committee. is recommending approval of the requested zone change. Discussion ensued regarding the surrounding zoning= the fact that there was General Commercial zoning in the San Jose portions of Camden Ave.e the intensity of uses in Neighborhood Commercial and General Commerciale protection for the residential neighborhoods from traffic and nofset and, the possibility of inviting a more intense zoning on the vacant property adjacent to Jiffy Lube's site and its potential impact on the surrounding neighborhood. Chairman Perrine opened the public hearing and invited anyone in the audience Lo speak on this item. !!r. Bruce Rick, Architect, spoke in favor of the zone change and refuted neighbor's concern that the zone change would invoke uncontrolled use of the subject property. -6- M/S: Rasolas, Walker - M/S: Dickson, Walker - Discussion .on motion That the public hearing on ZC 87-13 be closed. Motion carried unanimously (7-0-0). That the Planning Commission recommend that the City Council accept the Negative Declaration which has been prepared for this projects and that the Commission adopt Resolution No. 2499 recommending that the City Council approve the zone change from C-1-S to C-2-S for 1387 Camden Ave. Commissioner Easolas opposed the motion, stating that if there is going to be a change it should be along the entire street, sensitive to the adjacent residential area, and the subject of a General Plan hearing for the whole street. Commissioner Christ opposed the motion, noting that adjacent properties are C-1-S (Neighborhood Commercial) and it did not make .sense to have this location changed to General Commercial at this time. Vote on motion AYES: Commissioners: Stanton, Walker, Dickson, Perrino NOES: Commissioners: Rasolas, Olszewski, Christ 11BSENT: Commissioners: None. ~ • • IIP 87-21 Public hearing to consider the applica- Jiffy Lube tion of Jiffy Lube International for approval of a Dse Permit to allow a car wash in a portion of a building approved for automotive services on property known as 1387 Camden Ave. Planning Director Ree reviewed the Staff Report of December 8, 1987 noting that Staff is recommending a continuance of this item due to the concern expressed regarding the possible noise generated from the car wash use. Additionally, Staff would like a review of the on-site circulation pattern for this proposal. Commissioner Walker reported that the Site and Architectural Review Committee is also recommending a continuance in order that the applicant might address Staff's concerns. Commissioner xasolas indicated that it was unfair to consider this use permit application separately from the zone change application, discussed previously on this evening's agenda. 8e felt that the zone change should have also been continued based on the split vote, or that the Commission should recommend that the Council take no action until they have an opportunity to look at the car ____ wash request. -7- hr. Kee explained that the zone change and the use permit were two separate items. Chairman Perrine opened the public hearing and invited anyone in the audience to speak on this item. Mr. Bruce Rick, architect, noted that Jiffy Lube had indicated there would be an application for a zone change and car wash at a later date when they filed the previous application for a new building. The company is in agreement with the continuance to provide noise information and on-site circulation information. Mr. Terry Wickard, District Manager, Jiffy Lube, noted that the car wash fs fully enclosed with the exception of the drive-in bay. The facility is not designed to compete with regular car washes, but rather provided as a service to customers who are having their cars worked on. Commissioner Dickson expressed his concern with the car wash use being adjacent to a residential area, noting that he was in favor of the zone change to General Commercial, but opposed to the car wash.. M/S: Stanton, Olszewski - That the public hearing on UP 87-21 be continued to the Planning Commission meeting of January 12, 1988. !lotion carried with a vote of 6-1-0, with Commissioner Dickson voting 'no•. ~ • • GP 87-06 Continued public hearing to consider the Bamburg, !!. application of Marvin Bamburg Associates, Inc., for an amendment to the Land Use Element of the General Plan from Low Density Residential to Professional Office on property known as 1670 Grace Ave. Planning Director Ree reviewed the Staff Report of December 8, 1987, noting that Staff is recommending approval of the requested General Plan Amendment. The following correspondence in opposition of the proposal was noted for the record: letter from Sara Powell, 1691 Grace Ave.= letter from Coriene Howell, 1680 Grace Ave.= letter from Patricia Stutzke, 1690 Grace Ave. Discussion ensued regarding the placement of the driveway on the Grace Ave. frontage in relation to single family zoning= compatibility of parking with an R-1 neighborhood= and, ingress/egress to residential neighborhood which would have the least impact on the R-1 zoning district. Chairman Perrino opened the public hearing and invited anyone to speak on this item. Mr. Marvin Bamburg, applicant, stated that an application to combine the three parcels has been filed with the County. -8- M/S: Walker, Olszewski - M/S: Walker, Olszewski - Discussion on motion That the public hearing on GP 87-06 be closed. Kotion carried unanimously (7-0-0). That the Planning Commission adopt Resolution No. 2501 including the following findings, recommending that the City Council approve GP 87-06. Findings: 1. The General Plan Amendment is consistent with and compatible with the area. 2. The subject parcel will be combined with those on Hamilton Ave. and developed as one project to minimize infringement on Grace Ave. Commissioner Dickson expressed a concern that past developments on Hamilton Avenue have not been deep enough to allow decent developments however, infringement on residential neighborhoods by commercial uses was not good. Vote on motion AYES: Commissioners: Rasolas, Stanton, Olszewski, Dickson, Walker, Perrine NOES: Commissioners: Christ ASSENT: Commissioners: None. : r MISCELLANEOUS Referral Referral from Santa Clara County regarding a Santa Clara County sons change from R-1 (Single Family Resfdent- GP 87-06 ial) to P-O (Professional Office) for 1670 Grace Ave. and approval of an office building at the corner of Grace and Hamilton Aves. Mr. Marvin Bamburg, applicant, indicated that the developer would prefer the driveway on Grace Ave. to be close to Hamilton Ave., and noted that should access not be approved on Grace Avenue that this development would be the only development fn this .area with access to Hamilton Avenue. Provisions will be made to nse the rear parking for employees only, which will reduce traffic to the site somewhat. Additionally, Mr. Samburg agreed with the requirement of a masonry wall between this development and the adjacent residential property= and, agreed to screening of the Grace Avenue driveway area. M/S: Dickson, Christ - That the Planning Commission recommend to the County that there be no driveway on Grace Avenue directly across from the residential use, and that the landscaping be increased to buffer the impact of the driveway area. -9- Discussion on motion Commissioner 1Casolas agreed that an attempt should be made not to have the Grace Avenue access directly opposite the residential use. Commissioner Walker opposed the motion because he felt the driveway on Grace Avenue could be workable. Yote on motion AYES: Commissioners: lcasolas, Olszewski, Christ, Dickson, Perrine NOES: Commissioners: Stanton, Walker ABSENT: Commissioners: None. • • ~ The Commission recessed at 8:50 p.m.= the meeting reconvened at 9:05 g.m. :: : Request ZC 85-06 Request of Chateaux Foret Homeowner's Association for modification of approved fencing plan - 175 Redding Rd. Planner II Woodworth reviewed the Staff Report of December 8, 1987, noting that Staff is recommending approval of the request with the condition that the fencing have an 'open' treatment. Commissioner walker reported that the Site and Architectural Review Committee concurs with Staff, and recommends that the fencing details co:ae back to the Planning Director for approval. Mr. !lark Smith, 161 Reddinq Rd., noted that the homeowner's association is of the opinion that~a trellis/landscaping. affect with closed fencing might be workable. M/S: Easolas, Dickson - That the Planning Commission approve a modification to the fencing plan for 175 Redding Rd., subject to the condition that fencing details provide for a trellis/ landscaping affect and come back to Staff for approval. Motion carried unanimously (7-0). * s Request Request of Public Storage Management, Public Storage Inc. for approval of a modification to S 74-6 approved exterior colors - Public Storage - 509 Salmar Ave. Commissioner Walker reported that the Site and Architectural Review Committee is recommending approval of the request. -lo- M/S: Dickson, Stanton - That the Planning Commission adopt the finding that the 'international orange' color is not offensive and does not detract from the project, and approve this request. Motion carried unanimously (7-0). : • ~ PD 84-06 Landscape plans - 900 E. gamilton Ave. - Prometheus Development Prometheus Development Co. - PD (Planned Development/Commercial) Zoning District. Planning Director Ree reviewed Staff Report of December 8, 1987, noting that Staff is recommending approval subject to conditions indicated in the Staff Repott. Commissioner walker reported that the Site and Architectural Review Committee is also recommending approval. Commissioner Olszewski wanted clarification of trees to be retained 'where possible•t recommendations from the Parks and Recreation Commission, if available= and, redlining of plans to indicate additional tree wells in parking area. Mr. Ree responded that the exact location of the freeway off-ramp fs not known, therefore, it is not yet know exactly which pine trees will be retained along the off-ramp= the comments from the Parks and Recreation Commission are forthcomingr and, revised plans will indicate provision of tree wells carried to portions of the parking lots where wells are not currently indicated. Commissioner Christ expressed a concern about the provision of Acacia trees, noting that these trees will tear up sidewalks and the bikepath. M/S: Christ, Olszewski - That the Planning Commission conditionally approve the landscape plan for PD 84-06, subject to the following conditions: 1. That the applicant submit a tree preservation report which indicates the retention and protection of existing redwood trees on this site where possible= 2. That any recommendations from the Parks and Recreation Commission be incorporated into the planet 3. That additional tree wells be provided in the parking area south of the proposed building similar to the remainder of the parking area= and 4. That any proposed Acacia trees near the bike path be replaced with another type of tree. Motion carried unanimously (7-0-0). r -11- Election of Chairman, Vice-Chairman - 1988 M/S: Dickson, Rasolas - That Commissioner Christ be elected Planning Commission Chairman for 1988. Motion carried unanimously. M/S: Walker, Rasolas - That Commissioner Olszewski be elected Planning Commission Vfce-Chairman for 1988. Motion carried unanimously. • : : Commissioner Rasolas left the Chambers at 10:25 p.m. • PUBLIC HEARINGS TA 87-03 Public hearing to consider a City- City-initiated initiated text amendment to Chapter 21.53 - Signs - of the Campbell Municipal Code to include 'garage sale' signs. City Attorney Seligmann reviewed the Staff Report, noting that Staff is recommending approval of an amendment to Chapter 21.53 as indicated fn Exhibit A of the Staff Report of December 8, 1987, so as to regulate garage sale signs. Discussion ensued regarding the regulation of perpetual garage sales and zoning violations= continual sales in commercial uses= the current sign ordinance as it addresses signs in the public right-of-way= and, the difficulty of enforcement of the proposed amendment. Chairman Perrine opened the public hearing and invited anyone in the audience to speak on this item. Commissioner Chtiat expressed a concern with 'permanent' garage sales/signs, noting that he would like to see something that can address the constant offenders] however, he was unclear as to how the problem night be solved. Commissioner Olszewski noted that this type of regulation could be a valuable tool for those who would like to have these signs removed legallys an~-, it would allow Staff the necessary legal definition under which to take action. ee suggested that the maximum number of days such aignage is allowed to be reduced to something more reasonable than 75 days. Commissioner Dickson felt that the issue could be addressed by :caking a finding that a garage sale sign was a temporary sign. Mr. Seligmann explained that the number of days the signs are allowed oust be consistent with the rest of the allowable signs under the ordinance= and, that making a finding as suggested by Commissioner Dickson would have the same effect, but would not spell out the definition in the code. M/S: Dickson, Walker - That the public hearing on TA'67-03 be closed. Motion carried unanimously (6-0-1). -12- M/S: Dickson, Walker - That the Planning Commission recommend that the City Council accept the Negative Declaration which has been prepared for TA 87-03= and, that the Planning Commission adopt Resolution No. 2500 recommending that the City Council amend Chapter 21.53 - Signs - as indicated in Exhibit A of the December 8, 1987 Staff Report with changes as follow: leave in 21.53.040(I) and 21.53.150(B)(C) and 21.53.060 and 21.53.020(L) (corrected Exhibit attached hereto). Motion carried with the following call vote: AYES: Commissioners: Stanton, Olszewski, Christ, Walker, Dickson, Perrine NOES: Commissioners: None ABSENT: Commissioners: Kasolas. + : • M 87-27 Public hearing to consider the applica- Hillig, V. tion of Ms. Vickie Lou Hillig for a modification to a previously approved IIse Permit to allow an increase in seating for a restaurant on property known as 422 E. Campbell Ave. fn a PD (Panned Development/ Commercial) Zoning District. Planning Director Ree reviewed the Staff Report of December 8, 1987, noting that the applicant has withdrawn her application. Chairman Perrine opened the publi^. hearing and invited anyone in the audience to speak on this item. M/S: Dickson, Christ - That the public hearing on M 87-27 be closed. Motion carried unanimously (6-0-1). M/S: Dickson, Christ - That the Planning Commission deny M 87-27 without prejudice in order to remove it from the agenda at the applicant's request= and, that the Planning Commission recommend that the Cfty Council refund 50• of the application fee. Motion carried unanimously (6-0-1). :: : ZC 87-OS Continued public hearing to consider PD 87-04 the application of Mr. Rassoul Aleshf Aleshi, R. 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 two townhomes on property known as 548 W. Hacienda Ave. -13- Planning Director 1(ee reviewed the Staff Report of December 8, 1987, noting that Staff is recommending a continuance so that revised elevations may be submitted. Chairman Perrine opened the public hearing and invited anyone fn the audience to speak on this item. M/S: Dickson, Christ - That the public hearing on ZC 87-OS/ PD 87-04 be continued to the Planning Commission meeting of January 12, 1988 so that revised elevation may be submitted. Motion carried unanimously (6-0-1). :: : MISCELLANEODS TS 87-07 Tentative Subdivision Map - Lands of Lands of iC-Land 1(-Land Construction Co. - 410 Darryl Dr. - APN 307-39-32. Planning Director Ree reviewed Staff Report of December B, 1987, noting that Staff is recommending approval. M/S: Christ, i~ialker - That the Planning Commission find the proposed map to be in accord with the City's General Plan= and, that the Commission recommend .that the City Council approve this TS 87-07 subject to conditions as indicated in the Staff Report of December 8, 1987. Motion carried unanimously (6-0-1). s • : Staff Report Staff Report regarding Downtown Redevelopment Report. 8lanning Director ICee stated that, after reviewing the draft Downtown Development Plan, the Commission should report back. to the City Council/Redevelopment Agency any comments, concerns, or amendments to the draft, either through the Planning Department or directly to the City Manager's Office. • • : Staff Report staff Report regarding Samilton School site. Planning Director 1Cee stated that the Commission should forward any comments or recommendations to the City Council/Redevelopment Agency, upon review of the 'Hamilton School Bite Reuse Btudy•. * • • -14- Staff Report Staff report regarding Planning Commissioner's Handbook. City Attorney Seligmann pointed out that there is a common law doctrine that prevents any commissioner from representing a client before the Commission (referenced to page 15, #14, of the draft handbook). M/S: Dickson, Walker - That this item be continued to the Planning Commission meeting of January 12, 1988 in order that a full Commission might be present, and to allow Staff time to make minor corrections to the handbook. Motion carried unanimously (6-0-1). * * • SUBCOMMITTEE REPORTS There were no Subcommittee Reports at this time. • • ADJOURNMENT There being no further business, the meeting was adjourned at 11:10 p.m. APPROVED: Jay Perrine Chairman ATTEST: Arthur A. Kee Secretary `- RECORDED: Linda A. Dennis Recording Secretary