PC Min 11/10/1987PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
7:30 PM MINUTES NOVEMBER 10, 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: Walker, Stanton That the minutes of the Planning Commission
meeting of October 27, 1987, be approved as
submitted. Motion carried 6-0-0-1, with
Commissioner Dickson abstaining due to
absence from that meeting.
COMMUNICATIONS
Mr. Kee 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.
Janis Hoban, Benny's Chicago Beef & Sausage Restaurant, 2180 S. Bascom Ave.,
requested approval of temporary signage.
M/S: Dickson, Christ - That, according to Planning Commission
policy, the Commission determine that the
need to take action on this item arose within
the last 72 hours. Motion carried
unanimously (7-0-0).
M/S: Kasolas, Walker - That Ms. Hoban be granted approval for one
temporary banner sign on the north side of
the subject building for a period of 30
days. Motion carried unanimously (7-0-0).
-2-
PUBLIC HEARINGS
UP 87-19 Public hearing to consider the application
'Djafarzadeh, N. of Ms. Nahid Djafarzadeh for a Use Permit to
allow a large family day care facilty (12
children or less) on property known as 964
Harriet Ave. in an R-1-6 (Single Family
Residential) Zoning District.
Planning Director Kee reviewed the Staff Report dated November 10, 1987, noting
that Staff is recommending denial of this application.
Correspondence from Nina Cantacessi, Maria N. Teti, William J. Collins, and
Alfred Beauchemin was submitted to the Commission just prior to the meeting and
is attached hereto.
Commissioner Christ reported that this application was considered by the Site
and Architectural Review Committee. The Committee is of the opinion that there
is adequate parking with two driveway spaces being kept available, and adequate
room for drop-off and pick-up of children is provided; therefore, it is
recommended that the finding pertaining to these items be deleted. However,
concerns were expressed regarding the rear play area because of its close
promimity to the adjoining property. .The Committee is, therefore, recommending
denial.
Discussion ensued regarding use of landscaping as a noise buffer; traffic
conditions on Westmont and Harriet Aves.; scheduling for public improvements on __~
Harret Ave.; noise; parking; and communications from neighbors.
Chairman Perrine opened the public hearing and invited anyone in the audience
to speak for or against this item.
Mrs. Loly Garcia-Otero, 1408 Bing Dr., San Jose, spoke in favor of the
application, and noted there was adequate parking.
Mr. Bill Collins, Silacci Dr., Campbell, spoke in favor of the application,
noting that there was never noise when he was at the site.
Mrs. Kathy Chewy, Christopher Ave., Campbell, spoke in favor of the
application, noting that parking was not a problem, and there was adequate play
room.
Mr. Bob Chewy, Christopher Ave., Campbell, spoke in favor of the application,
noting that traffic and parking have never been a problem and the applicant is
capable of handling 12 children.
Mr. James Mazzeo, 31 E. Julian Ave., San Jose, attorney representing adjacent
property owners (Wittman, Schroter, Mason, and Clogie), spoke against the
application, citing traffic and parking problems, accident rate in the area and
safety of the children playing in the front yard; and, the noise level of 12
children. Mr. Mazzeo noted that some of the neighbors had signed a letter in
June indicating support of the day care facility; however, the increase in --
children changes the situation entirely.
s
-3-
Ms. Molly Johnson, spoke in favor of the application, noting that parking,
traffic or noise has never been a problem.
Mr. Duncan Hong spoke in favor of the application, noting that drop-off and
pick-up is staggered, thereby not a problem.
Ms. Nadia Fratelli, 964 Harriet Ave., stated that clients are restricted to
parking directly in front of the facility; gave information regarding her
mother's background and credentials for operating such a facility; and, noted
that there are rarely more than 2 or 3 children in the rear yard play area at
once.
Mr. Joseph Wittman, 976 Harriet Ave., spoke against the application to increase
the number of children at the facility, citing safety concerns from the traffic
situations on the street. Mr. Wittman indicated that he had signed a letter in
June supporting the use; however, with the increase in people at the site,
things have changed and there have been parking problems in the past 2-3
months.
Mr. Richard Mason, corner of Westmont and Harriet Aves., spoke regarding
traffic in the area.
Ms. Eleanor Schroter, 952 Harriet Ave., noted that she wrote the letter in June
when she was assured that 3-4 children would not cause a problem. Ms. Shroter
expressed concern with liability of children playing on her fence, and with the
noise interferring with her sleeping during the day (she works at night).
Mr. Djafarzadeh, 964 Harriet Ave., noted that the maximum number of children at
the site at any given time is usually 7-8, and that the children are taken to a
nearby park to play when there are that many of them.
M/S: Kasolas, Dickson - That the public hearing on UP 87-19 be
closed. Motion carried unanimously (7-0-0).
M/S: Christ, Walker - That the Planning Commission approve UP
87-19, subject to conditions as indicated in
the Staff Report, with additional conditions
of (1) Application be reviewed if and when
Harriet Ave. is improved to 4 lanes; and (2)
That driveway spaces remain available for
parking during hours of operation.
Discussion
Commissioner Dickson opposed the motion and expressed his concerns with this
application, noting that Harriet Ave. will only get worse in that it is
dedicated for high traffic volume, and parking appears to be a problem from the
neighbors standpoint. Additionally, there appears to be a lack of space for
the number of children.
-4-
Commissioner Kasolas spoke against the motion, noting that there could be as
many as 19 people on-site at one time; and, that this is not a question of
quality of care but rather one of appropriate land use. This is not
maintaining any 'rural" character, but is essentially a large business in a
residential neighborhood. Commissioner Kasolas expressed concern with the
traffic problems of the area; the suggestion that people double-park at this
site; and, the small lot area for the number of people.
Vote on Motion for Approval
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
Olszewski, Christ,
Kasolas, Stanton,
None.
Walker
Dickson, Perrine
Motion for approval fails.
M/S: Kasolas, Dickson -
Discussion
That the Planning Commission accept the
Negative Declaration which has been prepared;
and that the Planning Commission adopt
Resolution No. 2490, including the attached
findings, denying UP 87-19.
Commissioner Olszewski opposed the motion, expressing a concern with the
findings. Findings 2 & 5 - any outside area is a potential noise source;
therefore, this finding appears vague. Finding 3 - this use would seem to be a
benefit to the general welfare of residents in the area because there is a need
for this type of facility.
Commissioner Walker opposed the motion, indicating that he felt the percentage
of traffic attributed to this use was very small.
Chairman Perrine supported the motion, noting that every adjacent property
owner is opposed to this use. This opinion has nothing to do with the quality
of the care provided, but rather that the site appears cramped for this intense
a use.
Vote on Motion for Denial
AYES: Commissioners: Kasolas, Stanton, Dickson, Perrine
NOES: Commissioners: Olszewski, Christ, Walker
ABSENT: Commissioners: None.
Motion for denial passes.
Mr. Kee explained the appeal process to the applicant.
-5-
GP 87-06 Continued public hearing to consider the
Bamburg, M. 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 Kee reviewed the Staff Report of November 10, 1987, noting
that Staff is recommending a continuance.
Chairman Perrine opened the public hearing and invited anyone in the audience
to speak for or against this item.
Commissioner Kasolas requested that information be provided regarding past
practices and policies on how far commercial uses intrude into residential
zoning districts.
Commissioner Dickson requested information about how many parcels, along
Hamilton Ave., go into the residential area deeper than one lot.
M/S: Christ, Walker - That the public hearing on GP 87-06 be
continued to the Planning Commission meeting
of December 8, 1987, at the applicant's
request. Motion carried unanimously (7-0-0).
GP 87-07 Continued public hearing to consider the
Bamburg, M. 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 1671 Grace Ave.
Planning Director Kee reviewed the Staff Report of November 10, 1987, noting
that the applicant has requested that this application be withdrawn from the
agenda.
Chairman Perrine opened the public hearing and invited anyone in the audience
to speak for or against this item.
M/S: Olszewski, Christ - That the public hearing on GP 87-07 be
closed. Motion carried unanimously (7-0-0).
M/S: Stanton, Olszewski - That the Planning Commission withdraw this
application from its agenda; and, that the
Planning Commission recommend that the City
Council refund 50$ of the applicant's
application fee. Motion .carried unanimously
(7-0-0).
-6-
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 stated that Staff is recommending a continuance of this
item so that revised plans may be submitted.
Chairman Perrine opened the public hearing and invited anyone in the audience
to speak for or against this item.
M/S: Stanton, Walker - That the public hearing on ZC 87-05/PD 87-04
be continued to the Planning Commission
meeting of November 24, 1987. Motion carried
unanimously (7-0-0).
PD 87-01 Continued public hearing to consider the
Bonnett, R, application of Mr. Robert Bonnett for
approval of a Planned Development permit,
plans, elevations, and development schedule
to allow the construction of additional ---
office space and to change the parking layout
for property known as 145 Dillon Ave. in a PD
(Planned Development/Industrial) Zoning
District.
Planner II Woodworth reviewed the Staff Report of November 10, 1987, noting
that Staff is recommending denial of this application.
Chairman Perrine opened the public hearing and invited anyone in the audience
to speak for or against this item.
Mr. Jim Ehler, attorney for Campbell Station Associates, stated that
negotiations with Southern Pacific have been completed with no property being
purchased; numerable attempts to purchase or lease other properties in the
immediate area have been unsuccessful; the applicant is currently negotiating
with Paul Del Grande to lease property and a continuance is being requested to
pursue this; and, the applicant remains hopeful that redevelopment plans will
hold some alternative.
Mr. Bob Bonnett, applicant, stated that he has tried diligently to solve the
problem and that he is still hopeful that the problem can be solved.
Commissioner Christ asked if the project's square footage could be reduced to
it's original approval until the parking situation was solved.
-7-
Commissioner Kasolas indicated that the applicant appears to be asking for a
policy decision which is beyond the Commission's purview; therefore, perhaps
the matter should be acted on and forwarded to the Council.
M/S: Olszewski, Walker - That the public hearing on PD 87-01 be
closed.
Discussion on motion to close public hearing
Commissioner Dickson opposed the motion, noting that he would be in favor of
one more continuance in that the applicant appears to be trying to solve the
problem; this is a unique development, and perhaps it could be made to work;
and, parking decision for the downtown area have not yet been made.
Commissioner Christ opposed a continuance for reasons indicated at earlier
meetings, and spoke in favor of the motion.
Commissioner Kasolas spoke in favor of the motion, noting that it appears that
the applicant has done an exhaustive search and at this point, the only hope
appears to be one of a policy decision to allow off-site parking at some
distance from the site.
Vote on motion to close public hearing
Motion carried with a vote of 6-1-0, with
Commissioner Dickson voting 'no".
M/S: Christ, Olszewski - That the Planning Commission adopt Resolution
No. 2491, including findings attached hereto,
recommending that the City Council accept the
Negative Declaration which has been prepared
for this project, and recommending denial of
PD 87-01.
Discussion on motion to deny
Commissioner Olszewski spoke in favor of the motion, noting the lack of
direction on the matter.
Commissioner Dickson opposed the motion, noting that the applicant has shown
good faith.
Commissioner Christ spoke in favor of the motion, noting the length of time the
matter has been going on and the need for action.
Commissioner Walker supported the motion, indicating that it might offer the
applicant further incentive to find a solution.
Chairman Perrine supported the motion, noting that the Council is the proper
place for this issue at this time.
-8-
Vote on motion for denial
Motion for denial carried with the following
roll call vote:
AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ, Walker,
Perrine
NOES: Commissioners: Dickson
ABSENT: Commissioners: None.
Mr. Kee indicated that this matter will be scheduled before the City Council by
the City Clerk.
R 87-06
S 86-20
Brown, W.
Planning Director Kee revi~
that Staff is recommending
to the previous conditions
Request for reinstatement of previously
approved plans allowing a house move-on to
property known as 388 Virginia Ave. in an R-1
(Single Family Residential) Zoning District.
awed the Staff Report of November 10, 1987, noting
approval of the one-year extension request, subject
of approval.
Commissioner Kasolas expressed a concern with the length of time being
requested, noting that the project could remain unfinished for the same length
of time. --
Mr. Brown, applicant, explained that the house was not moved to the property
until February 1987, and he has had problems with contractors.
Commissioner Christ indicated that the applicant is obviously acting in good
faith..
M/S: Dickson, Christ - That the Planning Commission grant a one-year
extension of its approval to S 86-20, subject
to the previous conditions of approval.
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 Ln. in a PD (Planned Development/
Industrial) Zoning District.
Planning Director Kee reviewed the Staff Report of November 10, 1987,
indicating that Staff is recommending a continuance, with the concurrence of
the applicant.
-9-
Commissioner Dickson again expressed his concern about the process of plans
going to the Redevelopment Agency and being re-worked prior to coming to the
Planning Commission, noting that it is difficult for the Commission to be
constructive about plans that have come from the Agency.
Commissioner Christ agreed that the situation was awkward, noting that no
matter how one looks at it, the Redevelopment Agency is still the City Council.
Chairman Perrine opened the public hearing and invited anyone in the audience
to speak for or against this item.
M/S: Olszewski, Walker - That the public hearing on PD 87-06 be
continued to the Planning Commission meeting
of January 12, 1988. Motion carried
unanimously (7-0-0).
TA 87-02 Public hearing to consider a City-initiated
City-initiated Text Amendment adding Chapter 21.43 - Flood
Damage Prevention Ordinance - to the Campbell
Municpal Code.
Planner II Woodworth reviewed the Staff Report of November 10, 1987, noting
that Staff is recommending approval of the presented Flood Damage Prevention
Ordinance in order for Campbell to continue participating in the Flood
Insurance Program.
Commissioner Olszewski asked who would be responsible if damage occured to a
creek bank resulted in someone having to vacate their structure because of
danger of the bank collapsing; and, would this ordinance require retrofitting
of preventive or corrective anchoring measures if in a flood plain zone.
City Attorney Seligmann indicated that the City is generally immune to
liability unless it undertakes specific actions to cause the harm; and,
structures which are not fitted with anchoring per current standards would be
considered non-conforming, but would not require retrofitting.
M/S: Olszewski, Christ - That the public hearing on TA 87-02 be
continued to the Planning Commission meeting
of November 24, 1987 in order that Staff
might address the questions presented.
Motion carried unanimously (7-0-0).
SUBCOMMITTEE REPORTS
There were no Subcommittee reports given at this time.
-10-
OTHER ITEMS BROUGHT UP BY COMMISSIONERS
Commissioner Dickson requested that Staff research possible alternatives to the
Planned Development Zoning District for development of townhomes and
condominiums.
A1).TCITTRNMRUT
There being no further business, the meeting
was adjourned at 10:35 p.m.
APPROVED: Jay Perrine
Chairman
ATTEST: Arthur A. Kee
Secretary
RECORDED: Linda A. Dennis
Recording Secretary
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November 3, 1987
Planning Commission
City of Campbell
70 North First Street
Campbell, California 95008
Dear Planning Commission:
RE: UP 87-19-964 Harriet Ave.
I am writing to offer the support for the approval of a use permit to allow a
family day care facility to operate at 964 Harriet Avenue in Campbell by Ms.
Nahid Djafarzadeh.
As a working mother who lives in Campbell, I know the difficulties involved
in finding quality day care in our area. Nahid's family day care has offered
a loving and warm environment and an affordable service for several children.
I have only good things to say about their facility and conscientiousness
towards operating it.
Please consider approval of a use permit for them to continue serving our City.
Very truly yours,
Maria n. Teti
60 W. Latimer Avenue #26
Campbell, Ca 95008
,~
Real Eslalc Financial
,Croup
5120 Campbell Ave., 227
i" ' ' San Jose, CA 95130
_ _ • ~~ 408 866-9460
~~~
City of Campbell
Planning Commission,
70 N. First Street
Campbell, CA 95008
To Whom it May Concern,
~~- % `f
November 4, 1987
This correspondence is in regards to FILE ~ UP,87-19 964 Harriet Ave.
My name is Bill Collins and .I live in the neighborhood of Silacci Dr.
and have my two year old daughter Cared.: for by Nahid. These truly
are very fine people and are wonderful with the kids. I am hoping
that a use permit will be extended for the day care as it would be
an awful shame for all the parents of the children to have to find
day care of the quality that the kids receive now with Nahid.
I could not think of any reason for a negative decision on the
part of the commission as there is no problem with parking- long
or short term- and being a Campbell resident for many years myself
would think it to be a real loss to the community if these children
were to be uprooted and~the parents all having to go through the
process of trying to find safe day care that they can live with.
Please remember that your decision will touch the lives of numerous
families and please keep this in mind when it comes time to vote on
this issue.
Thank you for listening.
R ~~~°M~ D
f~0`i 101987
CITY OF CAMPE3cLL
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