PC Min 11/24/1987PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
7:30 PM MINUTES NOVEMBER 24, 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: Kasolas, Stanton, Olszewski,
Christ, Walker, Dickson, Perrine; Planning
Director A. A. Kee, Planner II Marty
Woodworth, Engineering Manager Bill Helms,
City Attorney Bill Seligmann, Recording
Secretary Linda Dennis.
Absent None.
APPROVAL OF MINUTES
M/S: Christ, Walker That the minutes of the Planning Commission
meeting of November 10, 1987, be approved as
submitted. Motion carried unanimously
(7-0-0).
COMMUNICATIONS
Letter from Mary W. Ballantyne re Downtown.
It was the consensus of the Planning commission that this letter be noted and
filed as indicated in the Staff Report of November 24, 1987.
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.
t * ~
PUBLIC HEARINGS
ZC 87-OS Continued public hearing to consider the
PD 67-04 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 November 24, 1987, noting
that Staff is recommending a continuance based upon the recommendation of the
Site and Architectural Review Committee meeting.
-2-
Commissioner Christ reported that this application was considered by the Site.
and Architectural Review Committee. The Site Committee is recommending a
continuance to December 8, 1987, for further clarification of the presented ~~
plans.
Chairman Perrine opened the public hearing and invited anyone in the audience
to speak for or against this item.
M/S: Stanton, Olszewski - That the public hearing on ZC 87-OS/PD 87-04
be continued to the Planning Commission
meeting of December 8, 1987. Motion carried
unanimously (7-0-0).
* * f
TS B7-04 Continued public hearing to consider the
Pinn Bros. application of Pinn Brothers Construction Co.
for approval of a Tentative Subdivision Map
to allow the creation of 11 single family
home lots on properties known as 1814, 1820,
1856 & 1868 Whiteoaks Rd. in a pre-zoned R-1
(Single Family Residential) Zoning District.
Planner II Woodworth reviewed the Staff Report of November 24, 1987, noting
that this application was continued from a previous meeting. Since that time,
the number of lots has been increased from 5 to 11, in that additional
properties have been acquired. ~,
Discussion ensued regarding City policy on flag lots and the relation to
proposed lot ~6; type of street improvements proposed (standard improvements
being required); and, the retention of existing trees.
Chairman Perrine opened the public hearing and invited anyone in the audience
to speak for or against this item.
Mr. Alan Pinn, applicant, explained that lots 5, 6, & 7 will be sharing a
driveway and garages will be turned so as to eliminate the "flag lot"
appearance and long narrow driveway affect; and, he indicated that he will be
attempting to save any substantial trees on the site.
Mr. Rudolph Herz, 1888 Whiteoaks Rd., President of White Oaks Manor
Neighborhood Watch Association, spoke in favor of the proposed subdivision.
Mr. Lee Leegman, Shelley Ave., asked about previous zoning in this area, and
about an upcoming application for 1856 Whiteoaks Rd.
Mr. Richard Florence, Vice-President, White Oaks Manor Neighborhood Watch
Association, noted that the developer has been working closely with the
neighborhood on this matter, and that the association is strongly recommending
approval.
-3-
M/S: Dickson, Christ -
That the public hearing on TS 87-04 be
closed. Motion carried unanimously (7-0-0)
M/S: Dickson, Christ -
Discussion on motion
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 findings attached hereto and recommend
that the City Council approve this tentative
subdivision map, subject to conditions
attached hereto.
Commissioner Olszewski expressed a concern about removal of on-site trees;
and, spoke in favor of the developer's method of handling the flag lot
- situation.
vote on motion
AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ,
Walker, Dickson, Perrine
NOES: Commissioners: None
ABSENT: Commissioners: None.
ZC 87-11 Public hearing to consider the application of
PD 87-10 Mr. Kurt Anderson for a zone change from
Anderson, K. 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 3675 S. Bascom Ave.
Planning Director Kee reviewed the Staff Report of November 24, 1987, noting
that Staff is recommending a continuance with the concurrence of the applicant.
Commissioner Christ reported that this application was considered by the Site
and Architectural Review Committee. The site Committee is also recommending
continuance.
Chairman Perrine opened the public hearing and invited anyone in the audience
to speak for or against this item.
M/S: Dickson, Christ - That the public hearing for ZC 87-11/PD 87-10
be continued to the Planning Commission
meeting of December 8, 1987. Motion carried
unanimously (7-0-0).
* ~
-4-
S 87-11 Public hearing to consider the application of
Anzalone, S. Mr. Steve Anzalone, on behalf of Central ~,
Valley Marine, for approval of plans to allow
the establishment of a storage yard on
property known as 184 Veitenhiemer Ln. in an
M-1-S (Light Industrial) Zoning District.
Planning Director Kee reported that the applicant has requested that this
application be withdrawn.
Chairman Perrine opened the public hearing and invited anyone in the audience
to speak for or against this item.
Mr. Anthony Torres, 882 McGlincey Ln., requested that any development on this
property take into consideration drainage problems in the area; specifically,
drainage from this site onto his property.
M/S: Dickson, Walker - That the public hearing on S 87-11 be
closed. Motion carried unanimously (7-0-0).
M/S: Dickson, Kasolas - That the Planning Commission deny without
prejudice S 87-11, in order to remove it from
the agenda at the applicant's request.
Motion carried unanimously (7-0-0).
* * t
MISCELLANEOUS
M 87-26 Application of Mr. and Mrs. Knaster for
Knaster, B. approval of a second story addition on a
zero-lot line single family residence on
property known as 714 Fairlands Ave. in a PD
(Planned Development/Low Density Residential)
Zoning District.
Planning Director Kee reviewed the Staff Report of November 24, 1987, noting
that Staff is recommending approval of this item.
Discussion ensued regarding whether this item was really a revision to a
Planned Development ordinance; when something becomes a modification versus a
change to a Planned Development ordinance; policy for minor modifications; the
design of the addition presenting a large blank wall; and, the harmony of this
proposal with the surrounding development.
Commissioner Christ reported that this application was considered by the Site
and Architectural Review Committee. The Site Committee is of the opinion that
the design is excellent, with materials matching the existing structure. It
was noted that only the garage is at the zero lot-line position, with a 5'
setback existing for the remainder of the property line. The Site Committee is
recommending approval. __-..
-5-
M/S: Christ, Stanton - That the Planning Commission adopt the
findings attached hereto and approve t4 87-26
as a minor modification. Motion carried
unanimously (7-0-0).
SA 87-66 Signing request - 851 E. Hamilton Ave. -
Regency Monarch Regency Monarch - PD (Planned Development/
Commercial) Zoning District.
Planning Director Kee reviewed the Staff Report of November 24, 1987, noting
that Staff is recommending approval of the applicant's request subject to
conditions as indicated in the Staff Report.
Commissioner Christ reported that this application was considered by the Site
and Architectural Review Committee. The Site Committee is recommending
approval per the Staff Report.
M/S: Stanton, Christ - That the Planning Commission adopt findings
attached hereto and approve SA 87-66 as
redlined and subject to conditions attached
hereto.
Discussion on motion
Commissioner Dickson opposed the motion, noting that if the proposed sign was
reduced by one foot, it would be within the sign ordinance.
Commissioner Christ indicated that the symmetry of the signing was more
important the a reduction of one foot.
Vote on motion
Motion carried with a vote of 6-1-0, with
Commission Dickson voting "no".
Request Request of Ms. Susan Maj to operate a 'hobby
Maj, S. kennel" on property known as 948 Crockett
Ave. in an R-1 (Single Family Residential)
Zoning District.
Planner II Woodworth reviewed the Staff Report of November 24, 1987, noting
that Staff is recommending that the Planning Commission recommend that the City
Council maintain the limit of 2 dogs per premise as provided for in Chapter 7
of the Campbell Municipal Code; and, if the Commission considers a "hobby
kennel" an acceptable use in a residential zone, that the Planning Commission
adopt a Resolution recommending that a "hobby kennel", a facility accommodating
3-6 dogs, be permitted in a single family district, subject to approval of a
conditional use permit.
-6-
Discussion ensued regarding the number of animals allowed per residence as
indicated in the current code; and, the use permit process and the possibility -`
of conditioning such a hobby kennel use.
Ms. Susan Maj, applicant, spoke regarding her need for approval of a "hobby
kennel", awards, animals, and personal outlook in training dogs. Ms. Maj
indicated that to allow 6 animals would be too much, and suggested a maximum of
5.
M/S: Dickson, Olszewski - That the Planning Commission adopt Resolution
No. 2492 determining a "hobby kennel" use an
appropriate use in a single family district
with approval of a Conditional Use Permit.
Motion carried unanimously (7-0-0).
The Commission requested that Staff come back with a definition of "hobby
~- kennel", either prior to, or at the same time as, Ms. Maj's application for a
use permit.
Referral Referral from City Council for the Planning
ZC 87-10 Commission to further consider plans for a
PD 87-09 proposed townhome development on property
Naderzad, Q. known as 153 Shelley Ave.
Planning Director Kee reviewed the Staff Report of November 24, 1987, noting
that Staff is recommending that the Planning Commission reaffirm its approval
of this project.
Commissioner Christ reported that this application was considered by the Site
and Architectural Review Committee. The Site Committee is recommending
approval.
Commissioner Olszewski expressed a concern that the plans called for removal of
all the trees on the site.
Mr. Steve Saray, Devland Construction Co., explained that some of the trees to
be removed were in the middle of proposed street improvements. The remainder
of the trees were an undesirable species and were 8" or .less in size.
Commissioner Dickson indicated that although he would like to see more of a
separation between buildings, he liked the design of this development.
Commissioner Walker indicated that the City of San Jose has a policy which
requires each tree removed to be replaced with four new trees, noting that this
might be a matter to discuss at a study session.
Commissioner Kasolas stated that he has read the minutes on this application
and studied the proposal, and therefore feels qualified to vote on the matter.
-7-
M/S: Walker, Stanton - That the Planning Commission reaffirm its
previous recommendation for approval of ZC
87-10/PD 87-09. Motion carried with the
following roll call vote:
AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ,
Walker, Dickson, Perrine
NOES: Commissioners: None
ABSENT: Commissioners: None.
UP 87-10 Continued six-month review of previously
approved massage school located on property
known as 2509 S. Winchester Blvd. in a C-2-S
(General Commercial) Zoning District.
Planner II Woodworth reviewed the Staff Report of November 24, 1987, noting
that Staff is recommending that the Commission note and file this item.
Mr. John Scott, applicant of UP 87-10 and owner of the Western College of
Massage, explained that the Police Department required licensing as massage and
adult entertainment - which is not a part of the school. Graduates of the
school are working in medical offices, with chiropractors, in hospitals, etc.
Mr. Scott requested that the ordinance be changed to provide for a clinical
massage use, and distributed a copy of a memorandum (attached hereto) requiring
an amendment to the City of San Jose's code. Mr. Scott concluded that he did
not appeal to the City Council because he was unfamiliar with the procedures
available to him.
Mr. Woodworth noted that the regulations being referred to are not within the
zoning ordinance; therefore, Staff would suggest that Mr. Scott write a letter
to the City Council with his request.
Commissioner Olszewski was of the opinion that because the Commission
identified the problem, the Commission should present it to the City Council.
Commissioner Kasolas noted that he spoke with Mr. Scott prior to the meeting,
and it is his understanding that what Mr. Scott is doing is no different than
what is being done in any medical or chiropractic office. Commissioner Kasolas
continued that he feels it is very degrading for someone to have to go through
the Police Department with no appeal process if they are trying to run a
legitimate business.
M/S: Christ, Olszewski - That the Planning Commission recommend that
the City Council review the issue of clinical
massage versus massage/adult entertainment
and consider possible amendments to the
ordinances to allow for clinical massage
uses. Motion carried unanimously (7-0-0).
-8-
The Commissioner recessed at 9:35 p.m.; the meeting reconvened at 9:40 p.m.
Commissioner Kasolas left the Chambers at this time. ~,
J
PUBLIC HEARI?7GS
TA 87-02 Continued public hearing to consider a
City-initiated City-initiated Text Amendment adding Chapter
21.43 - Flood Damage Prevention Ordinance -
to the Campbell Municipal Code.
Planner II Woodworth reviewed the Staff Report of November 24, 1987, noting
that Staff recommending that approval of TA 87-02.
Com,-nissioner Christ indicated that his previous concerns were addressed at this
time.
Chairman Perrine opened the public hearing and invited anyone in the audience
to speak for or against this item.
M/S: Dickson, Stanton - That the public hearing on TA 87-02 be
closed. Motion carried unanimously (7-0-0).
M/S: Walker, Christ - That the Planning Commission adopt Resolution
No. 2493, including findings indicated in the _
Staff Report of November 24, 1987,
recommending that the City Council adopt TA
87-02. Motion carried with the following
roll call vote:
AYES: Commissioners: Stanton, Olszewski, Christ,
Walker, Dickson, Perrine
NOES: Commissioners: None
ABSENT: Commissioners: Kasolas.
INFORMATION ONLY
(1) Status Report and request for comments regarding the Downtown Study.
(2) Status report regarding Hamilton School site.
M/S: Dickson, Stanton - That these informational reports be agendized
for the Planning Commission meeting of
December 8, 1987. Motion carried unanimously
(6-0-1).
~' 7
-9-
t~ L
(3) Status report regarding planning study of Page/Foote/Harrison/Salmar area.
Commissioner Stanton expressed a concern that the area south of Campbell Ave.
be looked at in furture planning studies.
Commissioner Olszewski expressed a concern that the area become something more
than a thoroughfare.
Commissioner Christ indicated that this is one of the few opportunities the
Commission has to participate in the downtown issue; and it is the
Commission's job to take play an active role in community planning.
SUBCOMMITTEE REPORTS
M/S: Dickson, Christ -
M/S: Dickson, Christ -
That the Planning Commission adopt Resolution
No. 2494 commending Chief Burr, upon his
retirement, for his service to the
community. Motion carried unanimously
(7-0-0).
That the Planning Commission adopt Resolution
No. 2495 commending Wally Byron, Building
Official, upon his retirement, for his
service to the community. Motion carried
unanimously (7-0-0).
•
ADJOURNMENT
There being no further business, the meeting
was adjourned at 10:05 p.m.
APPROVED: Jay Perrine
Chairman
ATTEST: Arthur A. Kee
Secretary
RECORDED: Linda A. Dennis
Recording Secretary
RECOMMENDED FINDI?7GS: TS 87-04
SITE ADDRESS: 1814, 1820, 1856 & 1868 WHITEOAKS RD.
APPLICANT: PINN BROTHERS CONSTRUCTION CO.
PC MTG: 11-24-87
1. The proposed density of 4.5 units per gross acre is consistent with the low
density residential (less than 6 units per gross acre) shown on the Land
Use Element of the General Plan.
2. The size, shape, and arrangement of lots satisfies the standards set forth
in Chapter 20 of the Campbell Municipal Code.
CONDITIONS OF APPROVAL: TS 87-04
1. All properties to be provided with new 6' rear yard fences prior to final
clearance of new homes.
2. Prior to approval of final map, the subject properties must have been
annexed to the City of Campbell.
3. Applicant to meet all conditions imposed by the City Engineer.
~~
MEMORANDUM
To: ~ Arthur A. Kee , P1 anni nq Director oats
m: Donald C. Wimberly, Director of Public t•~orks
s~i
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Sub'ect: Tentative Subdivision Map 14'Iq 1!~(hira teaks T~c~ - ~~~
- Lands of P - -1 r- 1~ roe- I ~~ tl ~~ L
' APN A13- -1 'l^ IG Y ~? ------------- !J~•1 ;~ ~ I~~i%--_---
------ _.. a~a=
r'i~TY Or Lr~l'~17'"(J~Lf
FAT h' •-' MT
The following conditions of approval are recommended concerting the"~'tS~~ec~~ehtative
subdivision map submitted by G-v-'l ~~~~ ih~u'-n~ lroc•
Installation of a sanitary sewerage system to serve all lots within the sub-
division in conformance with the proposed plans of the County of Santa Clara
Sanitation District No. 4. Sanitary sewerage service to be provided by said
~. District No. 4.
Installation of a water distribution system to serve all lots within the sub-
division in conformance with the plans of the San Jose Water Works.
Water service to be provided by said water company. Fire hydrants and appurte-
nances shall be provided and installed at the locations specified by the
Fire Chief, Fire Department, City of Campbell. Fire hydrant maintenance
?- fees shall be paid to City at the rate of.~195 per fire hydrant.
~-- Subdivider shall create or provide any public service easement and any other
public utility and/or public service easements as may be necessary for the
~. installation of any and all public utilities and/or facilities.
Compliance with the provisions of Title 20, Subdivisions of the Campbell
~. Municipal Code.
S~ Subdivider to pay Storm Drainage Area Fee.
L~ Subdivi_der to furnish copy of Preliminary Title Report.
Subdivider shall (install street improvements and post surety to guaranty
.~ the work)
. Dedicate additional right-of-way to widen Ih/(~-i It ~4 ~_ ~04~ to
~. ~ 3fl feet from centerline.
C.C.&R.'s to be approved by City Engineer to insure provisions for maintenance
of•buildings and common area.
Provide a grading and drainage plan for the review and approval of the City
R Engineer.
/0. Obtain an excavation permit and pay fees and deposit for all work in the
- public right of way. ll f
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RECOMMENDED FINDINGS: M 87-26
APPLICANT: KNASTER, B.
SITE ADDRESS: 714 FAIRLANS AVE.
PC MTG: 11-24-87 __
i
1. The lot is unusual in shape due to the 5-foot jog in the property _~
line.
2. Many other homes on the street are two-story, zero lot line.
3. The addition will match the existing house and blend in with the
neighborhood.
CONDITIONS OF APPROVAL: M 87-26
PLANNING DEPARTMENT
1. Secure all necessary permits from the Building Department.
2. Building materials to match existing house. ;
BUILDING DEPARTMENT
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3. Wall that is less than 3'0" to property line shall be one-hour
construction with no openings.
FIRE DEPARTMENT
PUBLIC WORKS DEPARTMENT
No comments at this time.
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RECOMMENDED FINDINGS: SA 67-66
SITE ADDRESS: 851 E HAMILTON AVE.
PC MTG: 11-24-87
1. These office uses are of such a size and are so located that a total
square footage of 83 sq.ft. is not unreasonable.
2. The sign design with a black background and brushed metal letters is
consistent with this building design and other approved signage at
this location.
3. Approval of a wall sign at this location will provide a more
symmetrical appearance to the signage on this building.
CONDITIONS OF APPROVAL
1. Proposed sign to be reduced 2' in length to 3'x10'.
2. Applicant to obtain any necessary building permits.
3. Applicant to submit actual sign graphic when the name of a prospective
tenant is known.
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Planning Commission 3/4t
Agenda .Item : 8 . b .
C I T Y O F S A N J O S E - M E M O R A N D U M
' TO: PLANNING COMMISSION FROM: LOUIS N. GARCIA
Acting Director of Plann:..
-lyUBJECT: Proposed Ordinance Revising
Definition of "Massage Parlor" DATE: February 25, 1987
APPROVED DATE
BACKGROUND:
On January 13 , 1987, the City Council initiated
proceedings on proposed amendments to the City's "anti-skid row"
regulations. In response to public comment, the Council directed
that the proposed revision to the Zoning Code definition of "massage
parlor" be considered separately from the other proposed amend-
ments. This definition change is now before the Commission for
review.
ANALYSIS:
The proposed ordinance would amend Section 20.04.430 of the San
Jose Municipal Code by adding the underlined sentence:
20.04.430 Massage Parlor
"Massage Parlor" is a building or portion thereof
or a place where massage is administered for
compensation or from which a massage business or
service for compensation is operated. "~~Mass~~a e__
arlor" does not include establishments ww e
massa a is a ministere in con unction w t
a the practice o a medics doctor c iropractor,
entist osteo at h sica t era ist or nurse
ractitioner• b a state-approved massa a sc ool•
or c an att~etic -club or Lu~~service bar er or
~eaut sa on where not more t an ercent o
oor space is used or massage activity.
The purpose of this proposed amendment is to remove certain
limited categories of massage activity from the City's anti-skid
row regulations. It is felt that the exceptions listed are
essentially incidental uses which do not create a need for the
stricter land use regulation existing and proposed for "massage
parlors."