PC Min 09/22/1987PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
7:30 PM MINUTES SEPTEMBER 22, 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
APPROVAL OF MINUTES
None.
M/S: Stanton, Olszewski - That the minutes of the Planning
Commission meeting of September 8, 1967,
be approved as submitted. Motion
. carried with a vote of 6-0-0-1, with
Commissioner Rasolas 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. There
being no one, the Chairman proceeded with the set agenda.
ARCHITECTURAL APPROVAL
M 67-11 Continued application of Mr. Edmund
Yuen, E. Yuen, on behalf of Plaza Car Wash, for
modifications to the front elevation of
the car wash for property known as 1667
S. Bascom Ave. in a C-2-S (General
Commercial) Zoning District .
Planning Director Kee reviewed the Staff Report of September 22, 1987,
recommending continuance so that revised plans may be submitted.
M/S: Stanton, Kasolas - .That M 87-11 be continued to the
Planning Commission meeting of October
13, 1987. Motion carried unanimously
(7-0-0).
~ * •
-2-
M 87-20 Application of Mr. Kurt Anderson, on
S 71-82 behalf of Wheel Away Cycle Centez, for
Anderson, K. approval of a modification to a
previously approved site plan, to allow
additional retail area in an existing
building on property known as 402 E.
Hamilton Ave. in a C-1-S (Neighborhood
Commercial) Zoning District.
Planning Director Kee reviewed the Staff Report of September 22, 1967,
noting that the applicant has requested a continuance in order to address
concerns regarding landscaping, trash enclosure, and parking lot layout.
Commissioner Christ reported that this application was considered by the
Site and Architectural Review Committee. A continuance to October 13,
1987, is recommended.
M/S: Stanton, Kasolas - That M 87-20 be continued to the
Planning Commission meeting of October
13, 1987. Motion carried unanimously
(7-0-0).
: * ~
PUBLIC HEARINGS
V 67-01 Public hearing to consider the
Forbes, F. application of Mr. Frank Forbes for a
variance to the side and rear setback
requirements and to the 14-foot height
requirement to allow an accessory
building on property known as 1315 El
Solyo Ave. in an R-1-6 (Single Family
Residential) Zoning District.
Planning Director Kee reviewed the Staff Report of September 22, 1987,
noting that Staff is recommending approval of this variance request.
Commissioner Christ reported that this application was considered by the
Site and Architectural Review Committee. The Committee is recommending
approval.
Statements from seven adjacent property owners are included in the record.
Discussion ensued regarding the possibility of County permits for the
structure; and, the restrictions possible under a use permit and a
variance procedure.
Chairman Perrine opened the public hearing and invited anyone in the
audience to speak for or against this item.
M/S: Stanton, Christ - That the public hearing on V B7-O1 be
closed. Motion carried unanimously
(7-0-0).
-3-
Commissioner Kasolas expressed a concern that if this structure were
destroyed, it might be rebuilt with the same setbacks and height.
M/S: Dickson, Olszewski - That the Planning Commission adopt
Resolution No. 2476, including the
attached findings, approving V 87-01
subject to conditions as indicated in
the Staff Report of Sept-ember 22, 1987,
with the additional condition as
follows: •If this accessory building
falls into disuse, is abandoned, or
destroyed, this variance is
terminated.' Motion carries with the
following roll call vote:
AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ,
Walker, Dickson, Perrine
NOES: Commissioners: None
ABSENT: Commissioners: None.
: •
GP 87-09 Public hearing to consider the
Thede, D. application of of Mr. David Thede, on
behalf of Morris Associates VIII, to
amend the Land Use Element of the
General Plan from Industrial to
Commercial and/or Industrial for
property known as 743 Camden Ave.
Planner II Woodworth reviewed the Staff Report of September 22, 1987,
noting that Staff is recommending approval of this application.
Commissioner Dickson indicated that the entire area bounded by the
railroad tracks and Camden Avenue should be considered for this type of
General flan change.
Chairman Perrine opened the public hearing and invited anyone in the
audience to speak for or against this item.
Mr. David Thede, applicant, appeared to answer questions. Mr. Thede
indicated that he was approached by the City to apply for-this change, and
he is hopeful that the additional usage will encourage development of the
site.
M/S: Walker, Stanton - That the public hearing on GP 87-09 be
closed. Motion carried unanimously
(7-0-0).
M/S: Kasolas, Walker - 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 No.
2477, incorporating the attached
findings, recommending that the City
Council approve GP 87-09. Motion
carried by the following roll call vote:
-4-
AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ,
Walker, Dickson, Perrine
NOES: Commissioners: None
ABSENT: Commissioners: None.
: • •
ZC 87-08 Public hearing to consider the
Thede, D. application of Mr. David Thede, on
behalf of Morris Associates VIII, foz a
zone change from M-1-S (Light
Industrial) to PD (Planned
Development/Commercial and/or
Industrial) for property known as 743
Camden Ave.
Planner II Woodworth reviewed the Staff Report of September 22, 1987,
noting that Staff is recommending approval of this application.
Chairman Perrine opened the public hearing and invited anyone in the
audience to speak for or against this item.
M/S: Olszewski, Kasolas - That the public hearing on ZC 87-08 be
closed. Motion carried unanimously
(7-0-0).
M/S: Walker, Christ - That the Planning Commission recommend
that the City Council accept the
Negative Declaration which has been
prepared for this application; and, that
the Planning Commission adopt Resolution
No. 2478, including findings as
indicated in the Staff Report of
September 22, 1987, recommending that
the City Council approve ZC 87-08.
Motion carried with the following roll
call vote:
AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ,
Walker, Dickson, Perrine
NOES: Commissioners: None
ABSENT: Commissioners: None.
t • •
GP 87-06 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.
-5-
Planning Director Kee reviewed the Staff Report of September 22, 1987,
noting that the applicant has requested a continuance to address Staff
concerns.
Correspondence from Mr. Marvin Bamburg requesting a continuance; and,
letters of opposition from Coriene Howell, Patricia Stutzke, and Sara
Powell are entered into the record and attached hereto.
Chairman Perrine opened the public hearing and invited anyone fn the
audience to speak for or against this item.
M/S: Kasolas, Walker - That the public hearing on GP 67-06 be
continued to the Planning Commission
meeting of November 10, 1987. Motion
carried unanimously (7-0-0).
Commissioner Christ requested Staff re-notice area residents who have
expressed an inteiest in this application.
GP 87-07 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 September 22, 1987,
noting that the applicant has requested a continuance to address Staff
concerns.
A letter of opposition from Mrs. Josephine Vento is entered into the
record and attached hereto.
Chairman Perrine opened the public hearing and invited anyone in the
audience to speak for or against this item.
Mrs. Louise Vento, 5135 Elester Dr., San Jose, representing Josephine
Vento at 1681 Grace Ave., spoke against the request, citing additional
traffic and a lack of need for office development near single family
homes.
M/S: Stanton, Walker -
GP 87-08
K-Land Construction
That the public hearing on GP 87-07 be
continued to the Planning Commission
meeting of November 10, 1987. Motion
carried unanimously (7-0-0).
• * •
Public hearing to consider the
application of K-Land Construction Co.
for an amendment to the Land Use Element
of the General Plan from Commercial to
Medium Density Residential on property
known as 410 Darryl Dr.
-6-
Planning Director Kee reviewed the Staff Report of September 22, 1987,
noting that Staff is recommending approval.
Chairman Perrine opened the public hearing and invited anyone in the
audience to speak for or against this item.
Mr. Kamil Navai, applicant, appeared to answer questions, noting that past
studies have indicated that this site is undesirable for commercial use
because of its distance from Hamilton Ave.
M/S: Kasolas, Stanton -
That the public hearing on GP 87-08 be
closed. Motion carried unanimously
(7-0-0).
M/S: Stanton, Kasolas -
Discussion on motion
That the Planning Commission adopt
Resolution No. 2479, including findings
as indicated in Staff Report of
September 22, 1987, recommending that
the City Council accept the Negative
Declaration which has been prepared for
this project, and approve GP 87-08.
Commissioner Dickson spoke in favor of the motion, noting that the project
represented a good residential use.
Commissioner Kasolas spoke in favor of the motion, noting that the
owner-occupied townhomes will be a good addition to the community.
Commissioner Christ spoke against the motion because of the requested
medium density, noting that low-medium density would be more appropriate.
Vote on motion
AYES: Commissioners: Kasolas, Stanton, Olszewski, Dickson,
Walker, Perrine
NOES: Commissioners: Christ
ABSENT: Commissioners: None.
ZC 87-07 Public hearing to consider the
PD 87-07 application of K-Land Construction Co.
K-Land Construction for a zone change from C-2-S (General
Commercial) to PD (Planned Development,
and approval of plans, elevations and
development schedule to allow the
construction of 14 townhomes on property
known as 410 Darryl Dr.
Planning Director Kee reviewed the Staff Report of September 22, 1987. As
a result of the Site and Architectural Review Committee meeting, Staff
would like the item continued to October 13, 1987, in order to review
possible modifications with the applicant.
-7-
Commissioner Christ reported that this application was considered by the
Site and Architectural Review Committee. The Committee is recommending
approval with the redlined plans coming back to the Site Committee for
approval. Discussion included changes to the fence along the street
frontage, minor questions about elevations, the street elevations to show
mostly two-family homes, and the appearance of the units backing up
against the corner.
M/S: Olszewski, Stanton - That the public hearing on 2C 87-07/
PD 87-07 be closed. Motion carried
unanimously (7-0-0).
M/S: Olszewski, Christ - That the Planning Commission adopt
Resolution No. 2480, including findings
as indicated in the Staff Report of
September 22, 1987, recommending that
the City Council adopt the Negative
Declaration which has been prepared for
this project, and approve ZC 87-07/PD
87-07, subject to conditions attached
hereto, with the redlined plans to come
back to the Site Review Committee for
approval at the same time as the
fencing and landscape plans. Motion
carried with the following roll call
vote:
AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ,
Walker, Dickson, Perrine
NOES: Commissioners: None
ABSENT: Commissioners: None.
f t t
The Commission recessed at 8:45 p.m.; the meeting reconvened at 8:55 p.m.
f * •
2C 87-09 Public hearing to consider the
PD 87-08 application of Mr. F,~dred Kunkel for a
Kunkel, E. zone change from CM (Controlled
Manufacturing) to C-PD
(Condominium-Planned Development) and
approval of a Planned Development
Permit, plans, elevations, and
development schedule to allow the
conversion of an existing
office/warehouse building to
condominiums for property known as 1350
Dell Ave.
Planning Director Kee reviewed the Staff Report of September 22, 1987,
noting that the floor plan will remain the same, with enforcement
procedures remaining the same as for any other development within the
City.
-8-
Commissioner Olszewski asked if the percentage of landscaping would change
if this project were to be newly constructed.
Mr. Kee indicated that the landscaping percentage would remain the same;
the only change proposed is to allow the sale of air space rights. Staff
is taking the position that this building could be built today exactly as
is.
Commissioner Dickson noted that this is a uniqueness in our ordinance, and
there should be another mechanism to provide for this situation - other
than a PD zoning.
Commissioner Christ reported that this application was considered by the
Site and Architectural Review Committee. The Committee is recommending
approval.
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 ZC 87-09/
PD 87-08 be closed. Motion carried
unanimously (7-0-0).
M/S: Dickson, Stanton - That the Planning Commission adopt
Resolution No. 2481, including findings
and conditions as indicated in the Staff
Report of September 22, 1987,
recommending that the City Council
accept the Negative Declaration which
has been prepared for this project, and
approve ZC 87-09/PD 87-08. Motion
carried with the following roll call
vote:
AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ,
Walker,•Dickson, Perrine
NOES: Commissioners: None
ABSEP~T: Commissioners: None.
Commissioner Dickson requested that discussion of alternative ways to
achieve separate parcels for businesses and residences (commercial
condominiums and townhomes) other than zoning them PD (Planned
Development) be scheduled for a future Planning Commission Study Session.
PD 87-06 Public hearing to consider the
Sperling, J. application of Mr. John Sperling for a
Planned Development Permit, plans,
elevations, and development schedule to
allow the construction of an
industrial/warehouse building on
property known as 426 b 430 Sam Cava Ln.
in a PD (Planned Development/Industrial)
Zoning District.
-9-
Planning Director Kee reviewed the Staff Report of September 22, 1987,
noting that Staff is recommending a continuance with the applicant's
concurrence. In addition, a memorandum has been received from the
Redevelopment Agency Director requesting an opportunity to review this
proposal.
Commissioner Christ reported that this application was considered by the
Site and Architectural Review Committee. The Committee is also
recommending continuance of this item.
Chairman Perrine opened the public hearing and invited anyone in the
audience to speak for or against this item.
M/S: Kasolas, Dickson - That the public hearing on PD 87-06 be
continued to the Planning Commission
meeting of November 10, 1987, with the
applicant's concurrence. Motion carried
unanimously (7-0-0).
~ t :
UP 87-16 Public hearing to consider the
McGehee, E. application of Mr. Emory McGehee for a
Use Permit and approval of plans to
allow the construction of an additional
living unit on property known as 871
Virginia Ave. in an R-1-6 (Single Family
Residential) Zoning District.
Planner II Woodworth reviewed the Staff Report of September 22, 1987,
noting that Staff is recommending approval.
Commissioner Christ reported that this application was considered by the
Site and Architectural Review Committee. The Committee is recommending
approval with minor redlining to indicate that the plans show the access
to the additional living unit.
Chairman Perrine opened the public hearing and invited anyone in the
audience to speak for or against this item.
Mrs. Pam Donaldson, 811 Virginia Ave., spoke against the application,
noting that she was representing 7 property owners in the immediate
vicinity. Mrs. Donaldson noted the poor condition of the property; adding
another unit to the site is not in keeping with the single family
neighborhood concept; and, rental units are not usually maintained with
pride. Mrs. Donaldson presented a petition with ten signatures opposing
this application (attached hereto).
Mr. Emory McGehee, applicant, noted that his son has been helping him
clean up the property and will be living in the additional unit.
Discussion ensued regarding the possibility of subdividing this lot; the
location of the existing house on the property; and, the possibility of
using the use permit to enforce property maintenance.
-10-
Mr. Peter Donaldson, 811 Virginia Ave., spoke against this application.
Mr. Donaldson stated that this is a single family neighborhood where
people are beginning to invest money to fix up their homes, and this
additional unit will always be a rental unit. He continued that the poor
condition of the subject property is overwhelming, including junk cars,
illegal fence and structures. Mr. Donaldson felt that this application
should be denied based on the applicant's track record of unconcern for
the neighborhood.
M/S: Kasolas, Olszewski - That the public hearing on UP 67-16 be
closed. Motion carried unanimously
(7-0-0).
Discussion
Discussion ensued regarding nuisance abatement on this property; and, the
possibility of adding a condition requiring the applicant to maintain his
garage for parking of vehicles only.
Commissioner Dickson noted that this is an R-1-6 zoning district and the
lot could possibly be subdivided into two lots; there is no long driveway;
and the proposed unit appears to be harmonious with the neighborhood.
Commissioner Dickson continued that he is comfortable with the conditions
set forth by Staff on this application.
Commissioner Olszewski expressed a concern that the fencing for the
entire property be brought up to code.
M/S: Dickson, Christ - That the Planning Commission adopt
Resolution No. 2483, including findings
and conditions as attached hereto, and
approve UP 87-16. Motion carried with
the following roll call vote:
AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ,
Walker, Dickson, Perrine
NOES: Commissioners: None
ABSENT: Commissioners: None.
: • •
M 87-12 Continued public hearing to consider the
Nilsson, E. application of Ms. Eleanor Nilsson, on
behalf of Eleanor's of California, for
approval of a modification to an
approved building usage to allow the
establishment of a clothing store, and a
plant food processing operation, on
property known as 3165 S. Winchester
Blvd. in a PD (Planned
Development/Commercial) Zoning District.
- -11-
Planning Director Kee reviewed the Staff Report of September 22, 1987,
noting that the applicant has requested that this item be removed from the
agenda.
Chairman Perrine opened the public hearing and invited anyone in the
audience to speak for or against this item.
Mr. William Meyer, speaking for Mr. Rollins Cushman at 1274 Walnut Dr.,
spoke against any future commercial or retail use for this property.
M/S: Christ, Walker -
That the public hearing on M 87-12 be
closed. Motion carried unanimously
(7-0-0).
M/S: Dickson, Walker -
That M 67-12 be withdrawn from the
agenda at the applicant's request.
Motion carried unanimously (7-0-0).
: ~ t
MISCELLANEOUS
Staff Report
Staff Report regarding vending truck
noise ordinance and noise in general.
M/S: Dickson, Rasolas -
Staff Report
That the Planning Commission continued
this item to the meeting of October 13,
1987, per Staff's recommendation.
Motion carried unanimously (7-0-0).
a t :
Staff Report regarding Additional Living
Units.
Planning Director Kee suggested October 13, 1987, for the public hearing
to consider changes to the ordinance.
Commissioner Dickson noted that he would like to consider an ordinance
similar to Milpitas which requires these units to be contiguous. At
present, Campbell restricts these units to large lots, which is where we
are trying to keep the density low.
City Attorney Seligmann indicated that the State law specifically says
that the unit may be detached or part of the main unit.
Commissioner Stanton suggested that consideration be given to whether a
fire truck can get to the unit as a means of restricting these structures.
Conr.issioner Christ indicated that the problem with larger driveways to
accommodate various vehicles is that the lot becomes covered with
pavenent.
-12-
Commissioner Olszewski asked that Staff address the matter of there being
any ground to give in our ordinance - any way to make it more restrictive.
l9r. Seligmann responded that the possibility exists of limiting these
units to R-1-16 lots, with specific findings having to be made.
Commissioner Dickson stated that he has a problem with the basic mandated
law in that it encroaches on what the City wants. If these units become
limited to R-1-16 lots, then the R-1-16 lots become more dense, and not
really R-1-16 lots anymore.
Commissioner Walker asked about parking requirements as mandated by the
State.
Mr. Seligmann indicated that parking is one of the areas the State gave
the local jurisdictions to authority to regulate.
It was the consensus of the Commission that the date of October 13, 1987,
be scheduled for public hearing to consider possible amendments to the
Additional Living Unit Ordinance.
* t
Staff Report Planning Commission Study Session -
review of suggested topics, and set date
for meeting.
It was the consensus of the Commission that Thursday, October 15, 1987 be
scheduled for a Planning Commission Study Session; and, that the report
from the Site and Architectural Review Subcommittee be added to the list
of discussion topics.
: : •
1T1.T(liT1iUMFUT
There being no further business, the
meeting was adjourned at 10:30 p.m.
APPROVED: Jay Perrine
Chairman
ATTEST: Arthur A. Kee
Secretary
RECORDED: Linda A. Dennis
Recording Secretary
I~ABVIN -
ASSOCIATES
1017 YEAIDIIN lYE
S1N JOSE. CA. !5125
(1011 t67 2710
ARCHITECTS
MARVIN ARTHUR BAMBURG, AIA
22 September 1987
8703
City of Campbell
75 N. Central Ave.
Campbell, CA 95008
Attn: Art Kee, Planning Director
Re: GP 87-06 and GP 87-7;
General Plan Amendments
Dear Art:
In order to address the staff concerns raised in your staff reports for
the above referenced items on the 22 September 1987 Planning Commission
Agenda, we request a continuance to 10 November 1987. This will allow
sufficient time for the rezoning and site approval applications and/or
tract map applications necessary to assure that all office development on
subject property will orient towards Hamilton Avenue. We understand the
City's dedication to homeowner privacy and traffic control and will do
everything in our power to provide those guarantees that you seek.
Very truly yours,
MARVIN BAMBURG ASSOCIATES, INC.
Marvin A. Bamburg
President
MAB/kf1003:703/9~/22.1tr
cc: LMT Properties
John Thomas
D [~ (~ (~ ~~%7(~; ~nnI
L'
SEP 2 ;? 19$7 ~__..J
CITY OF L'I.Mi~c,:=Lr_.
PLANNING DEPARTMENT
ITEt••1S 6 ~ 7
1 F,~~~ G==race ave.
San Jose ~~1?~
September 22, 1.:~,~7
~~lar,nina~ ':ommiSSion
~i.t~~ of'~'Ca~;rpbell
City Mall Council Chambers
70 .~'. First St .
Carnpb~ll, CA
Re: i'~ot~.ce of I:earin~T
~7-~'1^
u'r ~?-0' and
Gentlemen:
Tleis is vrritten to pretest that this I~locl•: does not
need an,y rnore conrner•cial buildings. I f the tyro
houses should Ego for caramercial use,~.e., professional
offices, as proposed by Garvin Barnbur,~ Associates,
Inc,, the ~o3lovrin~, among ether imintolerable results,
will occur:
1. more traffic on Hamilton any: urace Avenues;
~. more early morning garbage durnpster nick-~avs;
3. more empty time on the prer*iise:; in the evenings
anc3 on uteekends, leaving more time for va;~~als,
etc.;
1~. rnore lit ter being strec;n on side~~rall;s and
1 ati,tn s ;
5. more ho.meo~ners moving; from the area;
more vacant office s;~ace alonm Iiarnilton;
7. more transi=i~t ~ in t?~is area; etc,, et r_,
In snort, unin'r~abitable conditions- Bpi ? 1 result. =lease
hear this plea of a dis~runt]_ec, resident to reject the
above pro~~osal.
Y~our~s truly,
'atrici.a Stut?'ce
SEP 221967
r~T~' OF CAMP6ELL
i'L4NNING DEPARTMENT