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PC Min 08/25/1987PLANNING COMMISSION CITt OF CAMPBELL, CALIFORNIA 7:30 PM MINUTES AUGUST 25, 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 (7:40 p.m.), Stanton, Olszewski, Christ, Dickson, Perrine; Planning Director A. A. Kee, Planner II Marty Woodworth, Public Works Director Don Wimberly, City Attorney Bill Seligmann, Recording Secretary Linda Dennis. Absent Commissioner Walker Chairman Perrine noted that Commissioner Walker's absence is excused, due to illness. APPROVAL OF MINUTES M/S: Christ, Stanton - That the minutes of the Planning Commission meeting of August 11, 1987 be approved as submitted. Motion carried unanimously (5-0-2). 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. CONSENT CALENDAR Request Request for temporary sign - L'Agence L'Agence Modeling ~ Talent Agency - 307 Orchard City Dr. - PD (Planned Development/Commercial) Zoning District. Planning Director Kee reviewed the Staff Report of August 25, 1987, .noting that Staff has revised it's recommendation to indicate a 30-day approval period. tCommissioner Kasolas entered the Council Chambers at 7:40 p.m.) -2- M/S: Dickson, Christ - That the Planning Commission adopt the following findings and approve this request for a 30-day period, subject to the condition that the sign be removed 30 days from date of placement on building. Motion carried unanimously (6-0-1). Findings: 1. The proposed sign meets the intent of Section 21.53.020 of the Campbell Municipal Code which defines temporary signs. 2. The sign is well-designed and will not be detrimental to the area. ~ # PUBLIC HEARINGS M 87-11 Continued public hearing to consider the Yuen, E, application of Mr. Edmund 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 August 25, 1987. Chairman Perrine opened the public hearing and invited anyone in the audience to speak for or against this item. M/S: Stanton, Dickson - That the public hearing on M 87-11 be continued to the Planning Commission meeting of September 22, 1987. Motion carried unanimously (6-0-1). UP 87-15 Public hearing to consider the Croes, E. application of Mahna and Everett Croes for a Use Permit to allow a large family day-care center (12 children or less) on property known as 1.550 Hack Ave. in a R-1-10 (Single Family Residential, 10,000 sq. ft. minimum lot size) Zoning District. -3- Planner II Marty Woodworth reviewed the Staff Report of August 25, 1987, and noted the following communications (attached hereto): letter from Cal & Sibyl Alford opposing; letter from Linda K. Lindemeyer opposing; letter from Harold S. Gardner opposing; and petition submitted by Mr. and Mrs. Alford opposing. City Attorney Seligmann explained the State laws which pre-empt local regulations pertaining to day care centers. Commissioner Christ reported that this application was considered by the Site and Architectural Review Committee. The Committee concurs with Staff's recommendation for approval with added conditions as follow: (1) driveway space, be left open to provide for drop-off and pick-up of children; (2) outside play hours limited; and (3) children not to play in patio area adjacent to neighbor's residence. Chairman Perrine opened the public hearing and invited anyone in the audience to speak for or against this item. Mrs. Sibyl Alford, 1536 Hack Ave., spoke against the application, citing noise from the children and from the traffic, and inadequate on-site parking space. Mrs. Alford noted that there are 24 signatures on the petition she submitted. Mrs. Maggie Desmond, 1491 Hack Ave., spoke against the application, noting that she felt it was an inappropriate use on the street. Mrs. Desmond asked if approval of the use permit would allow the care of children after 5:30 and on weekends. Mrs. Beverly Gardner, 1511 Hack Ave., asked for clarification of the day care center as a 'commercial" use. David, General Delivery - Campbell, stated that the use would change the traffic pattern. Mr. Everett Croes, applicant, stated that he has a license from the County to care for 12 children; and, his wife has attempted to mitigate the noise problems by moving the children's play area and by adding insulation to the windows. Mr. Croes explained the on-site parking situation, noting that there are at least three slots available in the afternoon. He suggested that the children's outside play hours be restricted to 10:00 - 11:30 a.m. and. 3:00 -5:30 p.m. if necessary to mitigate noise. M/S: Kasolas, Christ - That the public hearing on UP 87-15 be closed. Motion carried unanimously (6-0-1). Discussion Lengthy discussion ensued regarding the State law and how it pre-empts local regulations; the on-site. garage converted to living space; on-site parking available; whether this use is considered a home occupation or -4- not, and how that relates to having outside employees; limiting the hours of operation; limiting hours of outdoor play for the children; how the number of children (12) is defined; restrictions on noise levels; and, compromises which could make the use more palatable to the neighborhood. Commissioner Christ suggested that there be no outdoor play until after 10:00 a.m.; noted that this type of facility is needed in the community to provide a home environment for children; and spoke in favor of compromises to mitigate problems with neighbors. Commissioner Olszewski addressed the recommended findings, and asked if the State would accept a denial if the Commission were to find that the use was not essential or in harmony with the General Plan. Mr. Seligmann indicated that these findings would have to point to a provision of the zoning code or general plan relating specifically to traffic, noise, parking., and open space. Commissioner Kasolas stated that noise did not appear to be the only problem. There also appears to be a problem with on-site space and parking availability. M/S: Kasolas, Olszewski - That the public hearing on UP 87-15 be re-opened. Motion fails (3-3-1). M/S: Dickson, Kasolas - Discussion on motion That the Planning Commission find that the site is not adequate in size and shape in terms of parking and loading facilities; and, that the use will be detrimental to the comfort of persons in the neighborhood as demonstrated by testimony this evening; and, that the Planning Commission adopt Resolution N0. 2474 DENYING UP 87-15. Commissioner Christ spoke against the motion, noting that the Commission has previously approved day care centers with less parking; and, that he felt the Commission was being unduly prejudice against the application because of the number of residents in attendance. Commissioner Dickson stated that he is not moved by the number of residents in attendance, but by the garage conversion, the boat, and the "vintage' car -- all of which cut down on the available parking space. The site is already loaded, and the "rural" atmosphere, with no curbs & gutters, makes it even more difficult to move people in and out of the site. Vote on motion AYES: Commissioners: Kasolas, Stanton, Olszewski, Dickson NOES: Commissioners: Christ, Perrine ABSENT: Commissioners: Walker City Attorney Seligman explained the appeals procedure. -5- The Commissioner recessed at 9:00 p.m.; the meeting reconvened at 9:10 p.m. t ZC 87-05 Continued public hearing to consider the PD 87-04 application of Mr. Rassoul Aleshi for a Aleshi, R. 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. Planning Director Kee reviewed the Staff Report of August 25, 1987, noting that Staff is recommending a continuance on this item in that no new plans have been received. Chairman Perrine opened the public hearing and invited anyone in the audience to speak for or against this item. M/S: Olszewski, Dickson - That the public hearing on ZC 87-05 be continued to the Planning Commission meeting of September 8, 1987. Motion carried unanimously (6-0-1). • PD 87-01 Continued public hearing to consider Bonnett, R. the 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. Planning Director Kee reviewed the Staff Report of August 25, 1987, noting that Staff has received some documentation (this date), however, Staff has not had an opportunity to review it. Therefore, a continuance to October 13, 1987 is being recommended. Chairman Perrine opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Jim Eller, Attorney representing Mr. Bonnett, appeared to answer questions. Mr. Eller indicated that they are continuing negotiations with Southern Pacific; however, the negotiations with the church have ceased. -6- M/S: Olszewski, Dickson - That the public hearing on PD 87-01 be continued to the Planning Commission meeting of October 13, 1987. Commissioner Christ spoke against the motion for continuance, in that he felt the matter had been continued enough; and, that a conditionally decision could be made to move the issue forward. Commissioner Kasolas spoke against the motion. Vote on motion AYES: Commissioners: Stanton, Olszewski, Dickson, Perrine NOES: Commissioners: Kasolas, Christ ABSENT: Commissioners: Walker. M 87-14 Continued public hearing to consider the Wright, T. application of Mr. Todd Wright on behalf of 900 E. Hamilton a Limited partnership for approval of a modification to a previously approved Planned Development permit to modify the design of Phase I (175,000 sq. ft. office bldg.) to allow primarily surface parking rather than subterranean/surface parking as previously approved on property known as 900 E. Hamilton Ave. in a PD (Planned Development/Commercial, Public-Semi-Public) Zoning District . Planning Director Kee reviewed the Staff Report of August 25, 1987. Principal Planner Stafford reported that a request has been received from PG&E for assurance that their concerns will be addressed prior to issuance of building permits. Staff is suggesting that Condition 7 of Ordinance 1560 be amended to read "...prior to issuance of building permits." City Attorney Seligmann stated that any changes would have to be consistent with the Development Agreement. Chairman Perrine opened the public hearing and invited anyone in the audience to speak for or against this item. Ms. Dane Battie, PG&E, expressed the concerns of PG&E relating to access, reinforcement of the creek bank, and other issues raised in correspondence to the City and the developer. Ms. Battie noted that PG&E is not an agency, and therefore does not have agency powers to gu«ranty that it's concern will be mitigated. Don Hebard, 205 Calado Ave., asked about the provision of the bicycle path. -7- David (no last name), General Delivery Campbell, spoke regarding the parking .plan, the phasing, and the intent of the development agreement. Discussion ensued regarding the concerns of PG&E and how best to address -- them; the development agreement; build-out of the project; parking and pedestrian circulation during construction and phasing; landscaping; public improvements; access; and, the concerns that Phase I may represent the completed project and how that would affect the community. Todd Wright, applicant, noted that an easement will be recorded for the bicycle path as a condition of approval; and, discussed the cost of replacement landscaping is justified by the savings incurred with the proposed parking for Phase I and construction procedures. Mr. Wright stated that he would agree to adding the statement 'prior to issuance of building permits" to satisfy the concerns of PG&E. Commissioner Christ reiterated his concern that Phase I might end up being the entire project; and, asked if Staff would support this project, if Phase I were build-out, with the street running between the site, and all the parking on-grade. Public Works Director Wimberly stated that Public Works is on record as supporting the project, along with the parking configuration based on the traffic and pedestrian circulation. Commissioner Dickson expressed his concern that the project was originally well-designed and is now being piece-mealed and very disjointed. M/S: Olszewski, Stanton - M/S: Dickson, Christ - Discussion on motion That the public hearing on M 87-14 be closed. Motion carried unanimously (6-0-1). That the Planning Commission adopt a Resolution recommending that the City Council DENY M 87-14, based on the presented parking ratio and scheme which does not appear to work if Phase I is build-out of the project. Chairman Perrine spoke against the motion, noting that the proposal is not that different from the original Phase I. Vote on motion for Denial AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Kasolas, Christ, Dickson Stanton, Olszewski, Perrine Walker. Motion for denial fails. -8- Commissioner Kasolas stated that he voted for denial because it appears that there is a substantial change taking place on the project on the -- facade and the parking layout. He felt that the developer was asking for a substantial amount of forbearance on the part of the community and what the developer is offering. M/S: Olszewski, Kasolas - That the public hearing on M 87-14 be re-opened. Motion carried unanimously (6-0-1). Mr. Wright stated that the developer is still looking at the project in its completed form;. and, they are looking at how they can accomplish the complete project and make all three phases fit. All off-site improvements will be provided under Phase I, and these improvements amount to several million dollars. It is the opinion of the developer that all three phases will work, and that the development will be a benefit to the community. Commissioner Kasolas asked if Phase I were a stand alone project, would it be reasonable to assume that the off-site mitigations measures could be less. Mr. Wimberly responded that there certainly could. be a major difference. Mr. Bob Baum, architect, stated that the building will look exactly the same as originally approved - they are just requesting approval of a different technology. David (no last name), General Delivery, spoke regarding the costs of mitigation measures; moving the entrance; off-site improvements; adding empty hotel rooms; traffic added to roadways; and the change in building materials. M/S: Kasolas, Olszewski - That the public hearing on M 87-14 be closed. Motion carried unanimously (6-0-1). Commissioner Kasolas stated that, based upon new testimony of the applicant and the Public Works Director regarding public improvements having to be completed during Phase I, he felt more comfortable that the property will be developed since the mitigating factors are provided; therefore, he will change his vote to move the matter on to Council. M/S: Stanton, Olszewski - That the Planning Commission adopt Resolution No. 2475 recommending that the City Council approve M 87-14, subject to the redlining of the presented plans, the conditions included in the Staff Report of August 25, 1987, and the inclusion of a statement addressing the concerns of PG&E (adding 'prior to issuance of a building permits" to Condition 7 of Ordinance No. 1560). Motion carried with the following roll call vote: -9- AYES: Commissioners: Kasolas, Stanton, Olszewski, Perrine NOES: Commissioners: Christ, Dickson ABSENT: Commissioners: Walker. * : t The Commissioner recessed at 11:05 p.m.; the meeting reconvened at 11:15. MISCELLANEOUS GP 87-04 Referral Hansen, R. Referral from City Council regarding proposed General Plan Amendment for properties known as 1075 & 1095 Hacienda Ave. Planning. Director Kee reviewed the Staff Report of August 25, 1987, and reviewed the history of the area. Commissioner Olszewski asked if the proposed single family lot could be developed as a part of the higher density lot. Commissioner Dickson expressed misgivings, noting that he is still of the opinion that if this is to be done at all the entire block should be considered. Commissioner Dickson noted that the depth of the proposed front lots would allow for a double set of duplexes, thereby taking the higher density further into the low density. Mr. Leo Boyd, 945 Torero Plaza, spoke against the proposal for the same reasons he expressed at the last hearing. Mr. Boyd stated that this proposal would result in an assault on the character of the single family, one-story, neighborhood. Mr. Robert Hansen, applicant, noted that the front lots will be 125 feet, after dedication; and, that the Council suggested that the approach of retaining the back portion as single family be taken. M/S: Stanton, Kasolas - That the Planning Commission adopt the findings as indicated in the Staff Report of August 25, 1987; and recommend that the City Council approve GP 87-04 as indicated in the attached Exhibit A, showing a portion of the two lots to remain as low density. Discussion on motion Commissioner Dickson opposed the motion because he considered the proposal to be two increases in density, and he felt it was spot planning and inconsistent with the neighborhood. -10- Commissioner Christ stated t;~at, although his tendency would be to keep the whole block low density, he would reluctantly support the motion because of the proposed low density to the rear. Vote on motion Motion carried with a vote of 4-2-1 (with Commissioners Dickson and Olszewski voting "no" and Commissioner Walker being absent). Staff Report Vending trucks attracting customers with horns., bells, etc. Planner II Woodworth reviewed the Staff Report of August 25, 1987. Commissioner Kasolas noted some experience with the amount of noise from these types of vehicles, and spoke strongly in favor of an ordinance addressing this problem. Commissioner Christ concurred with Commissioner Kasolas, noting that this type of noise is very annoying. Commissioner Dickson felt that this issue may be a topic for discussion at a study session. _ Mr. Rollins Cushman, 1274 Walnut Dr., spoke regarding types of noises which disturb residential neighborhoods; noted that the City of Burlingame has a "Decibel Law"; and spoke in favor of Campbell adopting an ordinance to abate these noise problems. Commissioner Kasolas stated that his request is specifically toward vending trucks with loud noises used to attract customers, and the relationship of residential areas adjoining other uses. Commissioner Olszewski concurred with comments made; and, thought that the issue of noise throughout the community should be addressed. Chairman Perrine requested Staff to look at the specific issue of vending trucks, as expressed by Commissioner Kasolas, perhaps with a comparative analysis of other communities; and, that the issue of a Noise Ordinance be investigated by Staff. Staff Report Staff Report regarding noticing of public hearings. (Re-agendized). It was the consensus of the Commission that this report be noted and filed. -11- Staff noted that the residents who had expressed concern with this matter had been notified of the meeting and provided with a copy of the Staff Report; however, they were not in attendance this evening. * ,r Staff Report Continued referral from City Council City Council regarding criteria for approving additional living units; and, a policy regarding additional utility meters in R-1 (Single Family Residential) Zoning District. Planning Director Kee reviewed the Staff Report of August 25, 1987; noting that any comments/suggestions should be directed to the Subcommittee (Commissioners Dickson and Stanton) and/or Staff. It was the consensus of the Commission that this matter be continued to the meeting of September 22, 1987. SUBCOMMITTEE REPORTS Subcommittee Reports Site & Architectural Review Procedure Subcommittee; Liaison to City Council;. Site & Architectural Review Committee; Additional Living Units Committee. There were no Subcommittee Reports at this time. ET).Tf111RNMF.NT There being no further business, the meeting was adjourned at 12:05 a.m. APPROVED: Jay Perrine Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recording Secretary