PC Min 12/09/1986PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
7:30 PM
MINUTES DECEMBER 9, 1986
The Planning Commission of the City of Campbell convened this day in
regular session at the regular meeting place, the Council Chambers of City
Ha11, 70 N. .First St., Campbell, California.
ROLL CALL
Present Commissioners: Dickson,. Olszewski,
Christ, Perrine, Stanton, Rasolas;
Planning Director A. A. Ree, Planner II
Marty Woodworth, Acting Public Works
Director Bill Helms, City Attorney Bill
Seligmaan, Recording Secretary Linda
Dennis. -
Absent
APPROVAL OF MINUTES
M/Ss Christ, Olszewski -
None.
That the Planning Commission meeting of
November 25, 1986 be approved with the
following corrections: Page 4, Para. 5
- change "Strategically" to
„Statistically"; and, Page 9, Para. 1 -
change "Commissioner Perrine" to
"Chairman Rasolas". Motion carried with
a vote of 4-0-0-2, with Commissioners
Perrine and"Stanton abstaining due to
absence from the subject meeting.
COMMUNICATIONS
Mr. Ree noted that communications received pertained to specific items on
the agenda and would be discussed at that time.
City Manager Revin Duggan summarized a written report, dated November 21,
1986, proposing a half--day study session with Staff and'all Commissions to
discuss issues facing the City.
M/S: Perrine, Dickson - ~ That the Planning Commission adopt a
vote of confidence in the proposed point
study session.
City Manager Duggan introduced Mr. Don Wimberly, the new Director of
Public Works.
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ARCHITECTURAL APPROVALS
S 86-19 Continued application of Mr. Marty
Paisley, M. Paisley for approval of plans and
elevations to allow construction of an
industrial building located on property
known as 786 McGlincey Lane in an M-1-S
(Light Industrial) Zoning District.
Mr. Ree reported that Staff is recommending a continuance in order that
revised plans may be received.
M/S: Christ, Dickson - That S 86-19 be continued to the
Planning Commission meeting of January
27, 1987 in order that revised plans may
be submitted. Motion carried
unanimously (6-0-0).
PUBLIC HEARINGS
..
S 86-22 Public hearing to consider the
MM 8~-26 application of Warren Jacobsen
Jacobsen, W. Associates for a modification
to an existing Use Permit (UP 81-11) and
approval of plans to allow a two=story
addition to an existing church (the Home
Church) on property known as 1711 S.
Winchester Blvd. in a C-2-S (General
Commercial) Zoning Distr"ict.
Chairman Rasolas reported that the Site and Architectural Review Committee
is recommending continuance of this item. to January 13, 1987.
Planning Director Ree briefly reviewed the Staff Report dated December 9,
1986, and expressed concerns contained therein.
Chairman Rasolas indicated that a petition opposing the proposed addition
has been received (Secretary read into the record, copy attached hereto),
as well as a copy of a Grant. Deed for the subject property (copy attached
hereto). Chairman Rasolas opened the public hearing and invited anyone
in the audience to speak for or against this item.
Mr. Wayne Jones, representing the Home Church, stated that he would like
to open communication with the other property owners in the commercial
center; that he is of the opinion that there is not a parking problem at
this location, and there is access to sufficient parking in the immediate
area; and, that the church has been more than willing to work with the
other owners, and would like to work out a situation agreeable to all
parties, however, the other owners have not communicated with the church
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representatives. Mr. Jones added that the plan design indicates a "home"
f~P' appearance to make people more comfortable in coming into the center; and,
that the church would like to completely resurface and landscape the
__ entire parking area.
Mr. Adam Alb, 1757 S. Winchester Blvd., spoke in opposition to the
proposal, stating that the church has sabotaged the shopping center's
promotions; the church does not have enough of it's own parking; and, the
expansion would harm the businesses is the center. Mr. Alb indicated, in
response to questions from Commissioner Dickson, that the church does not
belong to the merchant's association for the center, however, they are
invited to attend the meetings.
Mr. Paul Maderas, Westside Development Co., 1409 Maria Way, San Jose,
(owners of 9 stores is the center) referred to the Deed of Trust
(attached) which stipulates the parking access easement, and noted that
the church's parking falls far short of that required under the code. Mr.
Maderas disagreed with the church's statement that the expansion would
improve the center; and, that the church should have to comply with the
same regulations as .the other businesses in the center in that they are
planning retail uses within the church.
Mr. Dave Paulsen, representing the owners of parcel numbers 305-21-9, 10,
~ 11, indicated that he has had no communications from the church
,regarding their plans, however, he supported the merchants association in
_a this issue.
M/S: Stanton, Olszewski - That the public hearing on S 86-22/MM
.-_ 86-26 be continued to the Planning
Commission meeting of January 13, 1987.
Motion carried unanimously (6-0-0).
ZC 86-14 Public hearing to consider the
R-Land Construction application of Mr. Ramil Navai, on
behalf of R-Land Construction, Inc., for
a zone change from R-M-S (Multiple
Family Residential) fo PD (Planned
Development), and approval of a Planned
Development Permit, plans, elevations,
and development schedule to allow the
construction of 6 townhomes on property
known as 134 Shelley Ave.
Chairman Rasolas stated that this item was before the Site and
Architectural Review Committee, however, no recommendation is forthcoming.
Planning Director Ree reported that Staff is recommending a continuance to
January 13, or that the Negative Declaration be accepted and the Planning
,_._., Commission recommend approval. Staff does not have a problem with the
proposed density; however, Staff would like to make sure that plans come
i back to the Architectural Advisor and the Site Committee for another
-- review.
-4-
Chairman Kasolas opened the public hearing and invited anyone in the
audience to speak for or against this item.
Mr. Ramil Navai, applicant, noted that he did not have a problem with a
continuance, however, revised plans addressing the concerns of the Site
Committee were submitted to the Planning Department this afternoon. He
requested a decision this evening, if possible.
Commissioner Dickson noted that Staff has not had adequate time to review
the revised plans.
M/S: Olszewski, Perrine -
That the public hearing on ZC 86-14 be
closed. Motion carried unanimously
(6-0-0).
M/S: Olszewski, Perrine -
Discussion on motion
That the Planning Commission recommend
that the City Council accept the
Negative Declaration which has been
prepared for ZC 86-14; and, that the
Planning commission adopt Resolutions
recommending approval of ZC 86-14,
subject to conditions indicated in the
Staff Report dated December 9, 1986.
Commissioner Olszewski explained that there was discussion at the Site
Committee meeting regarding the use of bomanite in the driveway area; and,
he would like to make sure that the landscaping plan will be coming back
to the Site Committee for review.
Commissioner Dickson noted that the applicant addressed all concerns at
the Site Committee meeting, with the exception of ~5 - density and lack of
open space. At maximum density, there is no open space. Commissioner
Dickson spoke against the motion because of the proposed density.
Chairman Rasolas indicated that he could not support the motion, is that
Staff is recommending a continuance, and the Site Committee has not come
forth with a recommendation.
Commissioner Olszewski noted that Staff's recommendation is for a
continuance or for approval; and, Commissioner Dickson has made it clear
that his concern is with the project's density. Commissioner Olszewski
stated that he was of the opinion that the applicant has addressed all the
concerns expressed.
Vote on motion
AYES: Commissionerss Olszewski, Christ, Perrine
NOES: Commissionerss Dickson, Stanton, Rasolas
ABSENT: Commissioners: None
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~.
Motion fails.
~`
Chairman Rasolas explained the options to the applicant..
Mr. Navai requested a continuance, and added that it was his understanding
after the Site Committee meeting that the Staff's .recommendation would be
changed to reflect the revised plans.
Mr. Ree explained that Staff's recommendation was not written on the
revised plans, but rather the original submittal - which is the normal
procedure.
M/S: Dickson, Christ - That the public hearing be re-opened on
ZC 86-14. Motion carried unanimously
(6-0-15) .
M/S: Dickson, Chris t- That the public hearing oa ZC 86-14 be
continued to the Planning Commission
meeting of January 13, 1986. Motion
carried. unanimously (6-0-0).
The Commissioner recessed at 8:30 p.m.; the meeting reconvened at 8s40
p.m.
ZC 86-15 Public hearing to consider the
$tessam, I. application of Mr. Irag Btessam for a
zone change from R-M-S (Multiple Family
Residential) to PD (1~lanned Development)
and approval of a Planned Development
.Permit, plans, elevations, and
development schedule to allow the
construction of 7 townhomes on property
known as 586 Hacienda Ave.
Chairman Rasolas reported that the Site and Architectural Review Committee
is recommending approval.
Planning Director Ree noted that Staff is also recommending approval.; and,
that the applicant is requesting-the zone change to Planned Development is
order to allow subdivision of the units for individual. sale, although the
density would be allowable under the R-M-S zoning.
Chairman Rasolas opened the public hearing and. invited anyone in the
audience to speak for or against this item.
Mr. Steve Rirtley, 645 Wendell Dr., felt that this project was beyond the
R-M-S zoning and spoke against the project and having condominiums
becoming possible rentals at a later date.
-6-
Mr. Wayne Wickner, 600 Wendell Dr., also speaking on behalf of the Cox's
on Wendell Dr., expressed concern about the quality of life in the
neighborhood; and, noted that others on the street are very opposed to the
change.
Mr. Paul Wittmayer, 625 Wendell Dr., expressed concern that adjoining
properties will also be changed to a higher density; noted that the area
has changed from a rural atmosphere to one where there is a lot of traffic
from apartments; and, spoke against the project.
M/S: Stanton, Olszewski -
That the public hearing on ZC 86-15 be
closed. Motion carried unanimously
(6-0-0).
M/S: Olszewski, Perrine -
Discussion on motion
That the Planning Commission recommend
that the City Council accept the
Negative Declaration which has been
prepared for ZC 86-15; and, that the
Planning Commission adopt Resolutions
recommending,that the City Council
approve ZC 86-15, subject to findings
and conditions as indicated in Staff
Report dated December 9, 1986; and, that
the statement "prior to site grading" be
added to Condition ~2; and, that a
condition be added to provide for
building colors to be submitted with the
landscaping plans.
Commissioner Dickson stated that he was of the opinion that the project's
design was good, therefore, he would be voting in favor of the motion.
Additionally, Commissioner Dickson explained the purpose of the General
Plan to the speakers, and expressed sympathy that the residents only
become aware of City guildelines when a project is presented.
Commissioner Christ noted his agreement with Commissioner Dickson, and
asked that the record show he was not in agreement with Finding X11 - "The
proposed zoning will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of persons residing or working in the
neighborhood, or be detrimental or injurious to property and improvements
in the neighborhood or to the general welfare of the City." This is a
situation where the proposed development conforms to the General Plan and
zoning, but Commissioner Christ felt that it might, in some ways, be
detrimental to the neighborhood and traffic.
Vote on motion
AYES: Commissioners: Dickson, Olszewski, Christ, Perrine,
Stanton, Rasolas
NOES: Commissioners: None
ABSENT: Commissioners: None.
-7-
r r
UP 86-16 Public hearing to consider the
Recoverry Inns application of Recovery Inns of America,
Inc., .for a use permit and approval of
plans to .allow the construction of a
recovery inn (a non-hospital facility
for the postoperative care of healthy
ambulatory surgical patients with an
average stay of 8 days) in an R-3-S
(High Density Residential.) Zoning"
District oa property known as 14351 ~
14371 S. Bascom Ave.
Chairman Rasolas reported that the Site and Architectural Review Committee
is recommending approval of this. item.
Planning Director Ree stated that Staff is is agreement with the
recommendation for approval.
Chairman Rasolas opened the public hearing and invited anyone in the
audience to speak for or against this item.
..
Mr. Larry Laguire, Prodis Architects, appeared before the Commission to
answer questions. Mr..Laguire pointed out that the average length of .stay
at the facility is three dags; that the facility will have a 20 bed
capacity; and, .that the .applicant is in agreement with Staff comments and
redlining of plans.
Dr. Harvey Rnoerschild explained that this use is a pilot study recently
___ authorized by the State, and this facility will be one of six in
California. The concept is to put patients in a quiet atmosphere which
will allow them to become ambulatory at a faster rate, at a lesser cost
-than a hospital. The facility will have a full medical staff, have it's
own van, and will be completely self-contained.
M/S: Dickson, Christ - That the public hearing on UP 8616 be
closed. Motion carried unanimously
(6-0-0).
M/S: Dickson, Christ -_ That. the Planning Commission adopt the
attached. findings and adopt a Resolution
approving. UP 86-16, subject to
conditions indicated in the Staff Report
dated December 9, 1986. Motion carried
with the following roll call vote:
AYES: Commissioners: Dickson, Olszewski, Christ, Perrine, Stanton,
Rasolas
NOES: Commissioners: None
ABSENT: Commissioners: None.
-8-
s r
D 86-05 Public hearing to consider the
Reed; R. application of Mr. Royce Reed for a
variance to the street sideyard setback
from 15 feet to 9 feet for property
known as 388 Sobrato Dr. in an R-1-6
(Single Family Residential) Zoniag
District.
Chairman Rasolas reported that the Site and Architectural Review Committee
is recommending approval of this item.
Planning Director Ree stated that Staff is in agreement with the
recommendation for approval.
Chairman Rasolas 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 on O 86-OS be
closed. Motion carried unanimously
M/S: Christ, Dickson - That the Planning Commission adopt the
attached findings and grant the
requested variance, subject to
conditions indicated in the Staff Report
dated December 9, 1986. Motion carried _
with the following roll call vote:
AYES: Commissionerss Dickson, Olszewski, Christ, Perrine, Stanton,
Rasolas
NOES: Commissioners: None
ABSENT: Commissioners: None.
O 86-04 Continued public hearing to consider the
Croo~CS, G. application of Mr. Griffith Crooks for a
variance to the required frontyard and
sideyard setbacks to allow construction
of a two-car garage on property known as
229 E1 Caminito Dr. in an R-1 (Single
Family Residential) Zoaing district.
Chairman Rasolas reported that the Site and Architectural Review Committee
is recommending approval of this item.
Planning Director Ree stated that Staff is in agreement with the
recommendation for approval.
Chairman Rasolas opened the public hearing and invited anyone in the
audience to speak for or against this item. __
-9-
M/S: Dickson, Christ - That the public hearing on V 86-04 be
closed. Motion carried unanimously
(6-0-0).
M/S: Dickson, Christ - That the Planning Commission adopt a
Resolution, incorporating the attached
findings, approving the requested
variance, subject to conditions of
approval as indicated in the Staff
Report dated December 9, 1986. Motion
carried with the following roll call
vote:
AYES: Commissioners: Dickson, Olszewski, Christ, Perrine, Stanton,
Resoles
NOES: Commissioners: None
ABSENT: Commissioners: None.
PD 86-02 Continued'puTilic hearing to consider the
Anderson, R. application of Mr. Rurt Anderson for a
Planned Development Permit and approval
of plans, elevations and development
schedule to allow the construction of a
duplex on property known as 274 Everett
Ave. in a PD (Planned Development/Medium
Density Residential) Zoning District.
Mr. Ree reported that the applicant is requesting a continuance to January
13, 1987.
Chairman Rasolas opened the public hearing and invited anyone in the
audience to speak for or against this item.
M/S: Perrine, Christ - That the public hearing on PD 86-02 be
continued to the Planning Commiess"ion
meeting of January 13, 1987, at the
applicant's request. Motion carried
unanimously (6-0-0).
e
UP 86-14 Continued public hearing to consider the
Brink, T. application of Mr. Tim Brink and Ms.
Vicki Lou Aillig for a Use Permit to
increase the intensity of a restaurant
by increasing seating from 23 to 45
seats and approval of on-sale beer and
wine in an existing building oa property
known as 422 E. Campbell Ave. in an
Interim (Planned Development/Commercial)
Zoning District.
-10-
Planner II Woodworth reviewed the Staff Report for the Commission.
Commissioner Christ asked if this use were to be approved at this
location, and the business did not succeed or moved, would another similar
use be allowed to come in without applying for a change of use; or, could
there be a condition that if this applicant were to vacate the site, the
approval of this use would be discontinued. This concern arises from
another restaurant's parking need being different from the current
applicant's.
City Attorney Seligmann responded that it would be possible to condition
the use to a specific length of time. The 45 seats figure would continue
with the property, if no time limit were placed on the use.
Chairman Rasolas opened the public hearing and invited anyone in the
audience to speak for or against this item.
Ms. Vicki Lou Hillig, applicant, commented that the building they are
occupying was previously a frame shop; that Los Pericos is the only use
listed in the Staff Report which operates dyripg the day and evening;
there are no signs indicating that available parking is private; and, the
removal of the cement planters and dividers along Campbell Ave. would
allow for at least 6 more parking spaces. ~ The restaurant would like to be
open from 6 a.m. to 4 p,m., if necessary; however, they would really like
to be open a little later to serve the after work crowd. Ms. Hillig
requested a decision on this matter this evening.
M/S: Christ, Olszewski - That the public hearing on UP 86-14 be
closed. Motion carried unanimously
(6-0-0),
M/S: Olszewski, Perrine - That the public hearing be reopened in
light of possible additional testimony.
Motion carried unanimously (6-0-0).
Commissioner Olszewski asked how a condition can be attached requiring the
applicant to participate in any future parking district; or, some tool
affected for the downtown redevelopment plans.
Chairman Rasolas stated that he would be very reluctant to take such a
position in that the property owner was not present this evening; and, he
would feel uncomfortable setting forth a mechanism for the Redevelopment
Agency without input.
Acting Public Works Director Helms noted that he was of the understanding
that it is not possible to require someone to loin a parking district at
this point.
Mr. Seligmann indicated that a condition could be attached to the use
permit, and should the property owner not be able to participate in a
parking district, then the use permit would be void.
-11-
Ms. Sandy Bertino, representing the applicant, referred to a letter dated
November 11, 1986, from the applicant which indicates that the. .applicant
would be more than willing to work with the Parking District„ She noted
that the ..property owner is also. in concurrence. Although the applicant
would prefer no stipulations on the hours of operation, they would like to
be open late enough to catch the early dinner trade.
Mr. Kee indicated that the use could be approved for a specified length of
time, with an automatic review period, and if there were problems with the
nse, the Commission could simply not renew the use permit.
Commissioner Christ asked if the review period approach was taken, and
this use vacated with another restaurant use moving into the location,
would the review stipulation still be effective.
Mr. Seligmann stated that the review would still be in effect.
Chairman Rasolas noted that there are some vacancies in this particular
block of downtown; and, a beauty shop has opened up in the next block at a
location which was previously low intensity There are uses that are
taking parking away from others. The. City's policy is that on-site
parking must be provided. Now, it appears that the allocation which was
factiously given will be doubled. Chairman Raeolas thought that one could
not help but recognize that there is,a parking problem downtown.
Commissioner Dickson stated that he felt very uncomfortable with this
issue. The parking district was very expensive to those who
participated. If a more intense use is approved at this location, it
___- would be difficult to disapprove any other application for a more intense
use in the area. -
Chairman Rasolas noted that the. property owner did not participate in the
parking district in the past. What. guarantee would there be that he would
participate in the future. Additionally, he felt that the downtown. has
been upgrading itself and developments have been providing on-,site
parking.
Commissioner Olszewski felt that this use was a positive .move for the
downtown. Ae continued that this building may have historic significance,
and cannot be removed.; there. is no place to provide parking; and, it is
necessary to maintain the character of the past, Something has to give,
or else there is no way .the building can be utilized.
Commissioner Christ noted that the Commission has been flexible with
parking in the downtown .area;. however, in this. case, we are talking about
double the number of spaces needed.
Commissioner Perrine asked if the property owner could buy into the
existing parking district.
Mr. Aelms responded that no one can buy into the district in that it is
not expandable.
-12-
Ms. Hillig noted that the Gaslighter Theater, Brigette's Restaurant, and
other places in the downtown area do not have on-site parking.
Mr. Woodworth explained that the City's position is that the increase in
the number of seats requires parking according to code.
M/S: Stanton, Olszewski -
That the public hearing on IIP 86-14 be
closed. Motion carried unanimously
(6-0-0).
M/S: Perrine, Stanton -
Discussion on motion
That the Planning Commission adopt
findings as indicated in the Staff
Report dated December 9, 1986, and adopt
a Resolution denying the applicant's
request to increase the seating in the
restaurant from 23 to 45 seats; and,
approving the applicant's request for
on-sale beer and wine in conjunction
with the restaurant, subject to
conditions as indicated in the Staff
Report.
Commissioner Christ noted that he could support a lesser increase in
seating which might only require an additional one or two parking spaces;
however, he could not support an increase in seating from 23 to 45.
Amendment to motion
M/ Dickson, - That the increase in seating and the
request for on-sale beer/wine be
considered separately. Motion failed
for lack of a second.
Discussion
Chairman Rasolas noted that there were no drawings presented with respect
to 23 seats, and he felt uncomfortable in proceeding with the motion. He
stated that he would be speaking against the motion.
Mr. Ree indicated that there is an approved plan for 23 seats, which meets
the code, on file in the Planning Department.
At this time, Commissioners Stanton and Perrine withdrew their motion.
M/S: Dickson, Perrine - That the applicant's request to increase
the number of seats from 23 to 45 be
denied. Motion carried with the
following roll call votes
AYES: Commissioners: Dickson, Christ, Perrine, Stanton, Rasolas
NOES: Commissioners: Olszewski
ABSENT: Commissioners: None.
-13-
M/S: Perrine, Christ - -That the applicant's request for on-sale
beer/wine be approved.
Discussion on motion
Commissioner Dickson stated that he was opposed to approving the beer and
wine use.
Chairman Rasolas spoke against the motion, citing the heavy concentration.
of beer/wine uses. in the. immediate area.
Vote on motion
AYES: Commissioners: Olszewski, Christ, Perrine
NOES: Commissionerss Dickson, Stanton, Rasolas
ABSENT: Commissioners: None.
Motion for approval fails.
,.
The Commission recessed at 10:04 p.m.; the meeting reconvened at 10:12
p.m.
Mr. Seligmann determined that since this application is in a Planned
Development Zoning District it would go on to Council for ratification
___~ for, essentially, the failure to obtain approval.
Commissioner Perrine indicated. that. he was very open to the concept
presented by the applicant, and. noted that there is nothing to prevent the
applicant from reapplying in the future when the parking issue is
resolved.
TA 86-05 Public hearing to consider a
City-initiated City-initiated text amendment to Chapter
21.61 of the Campbell Municipal Code
adding. regulations for satellite dish
antennas.
Planning Director Kee presented the Staff Report dated December 9, 1986.
Chairman Kasolas opened the public hearing and invited anyone in the
audience to speak for or against this item.
M/S: Perrine, Dickson - That the public hearing oa TA 86-05 be
closed., in that there was no one wishing
to speak. Motion carried unanimously
(6-0-0).
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M/Ss Dickson, Christ - That the Planning Commission recommend
that the City Council accept the
Negative Declaration which has been
prepared for TA 86-05; and, that the
Planning Commission adopt a Resolution
recommending that the City Council add
Section 21.61.060 - Regulations for
Satellite Dish Antennas - (Exhibit
attached hereto) to the Campbell
Municipal Code. Motion carried with the
following roll call votes
AYES: Commissioners: Dickson, Olszewski, Christ, Stanton,
Perrine, Rasolas
NOES: Commissioners: None
ABSENTS Commissioners: None.
MISCELLANEOUS ~,
SA 86-61 Request for signing and relocation of
ZC 84-02 trash enclosure - StrataCom, Inc. -
Stratacom, Inc. 3165-3175 S. Winchester Blvd.
Chairman Kasolas reported that the Site and Architectural Review Committee
is recommending approval of this request, subject to conditions as
indicated on the revised list.
M/S: Olszewski, Christ - That the Planning Commission adopt the
following findingss 1. The proposed
signage is of such a size and is so
located in reference to the surrounding
use and traffic circulation system that
two freestanding signs would best serve
the public welfare; and, 2. The
proposed signage is well-designed and
blends architecturally with the
building; and, that the Planning
Commission approve the request for
signing and relocation of a trash
enclosure for SA 86-61/ZC 84-02, subject
to the following conditions: 1.
Applicant to submit details of trash
enclosure, landscaping and extension of
irrigation for the approval of the
Planning Director, prior to relocation
of trash enclosure :area. 2. Applicant
to change area of current trash
enclosure back to two standard parking
spaces. 3. Applicant to secure any
necessary building permits.
Motion carried unanimously (6-0-0).
-15-
__ At this time, Mr. Val McMurdie, attorney for Mr. Rollins Ring Cushman,
commented that the Cushman's (who are adjacent property owners) have a
contract with the developer of this project (March Development Co.) that
-_-' spelled out where the trash.. enclosure was. supposed to be located. If the
enclosure was relocated to the rear of the site, adjacent to the Cushman
residence, Mr. McMurdie expected litigation to ensue. Mr. McMurdie
concluded that this project is an intense use adjacent to a residential
neighborhood, and he hoped the Commission would take this factor into
account in the future.
Chairman Rasolas explained that the Mr. Cushman's contract with the
property developer was a civil matter, and not under the Planning
Commissions jurisdiction; although. the Commission always tries to look at
both sides of every issue.
Mr. McMurdie stated that his client. would .like verification that no
relocation of the trash enclosure is being approved at this time.
Mr. Ree indicated that it is his understanding that the trash enclosure is
being proposed for relocation. ~
Commissioner Dickson. noted that the trash enclosure. is being relocated to
the rear of the building --.not the rear of the property, and the
enclosure would be surrounded by landscaping.
Mr. McMurdie noted that it is sometimes. easy to dismiss homeowners,
however, in this case, there is a very intense use adjacent to a
residential area. The trash trucks make a great deal of noise, and the
Commission should be aware of that problem. Mr. McMurdie felt that the
Commission should review the Staff comments from the time the project was
originally approved.
Commissioner Dickson noted a letter from Green Valley Disposal stating
that they will not pick up trash-from this location before 6 a.m.
Mr. Cushman stated that the agreements with Green Valley usually last only
two or three weeks before the trucks are back to picking up trash at 3
a.m., thus causing a great deal of noise to come from the Dell Ave, area .
City Attorney Seligmann indicated that it was his understanding from
previous .complaints that Green Valley 3s not supposed to be picking up
this early in the morning.
-16-
ZC 86-13 Public hearing to consider
City-initiated City-initiated zone changes as follow:
(1) ~C-3-S (Central Business District
Commercial) to C-2-S (General
Commercial) for oda numbered properties
2015 to 2175 S. Winchester'Blvd.; 2140 ~
2160 S. Winchester Blvd.; and 33 6 38 W.
Rincon Ave.
(2) C-3-S/Interim (Central Business
District Commercial/Interim Zone) to
C-2-S/Interim (General
Commercial/Interim Zone) for even
numbered properties 2006 to 2120 S.
Winchester Blvd.
(3) M-2-S (Heavy Industrial) to M-1-S
(Light lndustrial) for even numbered
properties 720 to 750 Camden Ave., 500
to 550 Railway Ave., and 175 Curtner
Ave.
Chairman Rasolas opened the public hearing and invited anyone in the
audience to speak for or against this item.
M/S: Perrine, Christ - That the public hearing on ZC 86-13 be
continued to the Planning Commission
meeting of Janaary 13, 1987. Motion ---
carried unanimously (6-0-0).
TA 86-06 Public hearing to consider a
City-initiated City-initiated text amendment to rescind
Chapter 21.26 (Central Business District
Commercial) and Chapter 21.34 (Heavy
Industrial) of the Campbell Municipal
Code.
Chairman Kasolas opened the public hearing and invited anyone in the
audience to speak for or against this item.
M/S: Christ, Perrine - That the public hearing on TA 86-06 be
continued to the Planning Commission .
meeting of January 13, 1987. Motion
carried unanimously (6-0-0).
-17-
OTHER ITEMS BROUGHT UP BY COMMISSION
Discussion ensued regarding the Site and Architectural Review Committee
policies and procedures.
Commissioner .Dickson asked Staff to review other community's existing tree
policies; suggested that perhaps there should be a separate committee to
look at sites; and, asked if Staff could come back with some
recommendations for a more efficient process.
Commissioner Olszewski asked , if Staff investigates the existing tree
retention issue, that the City Attorney also look into various aspects of
retaining trees. Commissioner Olszewski noted that he would like the
issue continued so that he could do some research.
Commissioner Christ stated that he always looked at mature trees on a site
and expressed concern that they be replaced with mature landscaping. He
felt that this was something that Staff could easily present to
applicants; and, noted that it is difficult~in,the Site meeting if too
much time is spent on one issue.
Chairman Rasolas indicated that he had some concerns about the way the
Site Committee is structured - not the way it operates, and referred to
his comments from an earlier meeting. Chairman Rasolae continued that he
felt that many times, many of the choices have been foreclosed by the Site
Committee; he did not feel that the Site Committee spoke for the whole
Commission; or, that it was the Site Committee's position to negotiate for
the Commission. He questioned if the Commission really understood the
role of the Site Committee, and felt that it might be appropriate if some
time was devoted to the role, objectives, and interrelationship of the
Committee and the Commission as a whole.
Commissioner Olszewski stated that at the last meeting he requested a
report regarding the possibilities for the Site Committee, and he again
agreed that Staff should be directed to prepare a report regarding the
responsibilities of the Site Committee addressing, in particular, the
issues that been expressed by the Commission. Commissioner Olszewski
suggested that this report be written is conjunction with the City
Attorney and the Planning Department to provide legal opinions involved
with the planning requirements.
Mr. Ree stated that Staff will contact other cities in the County
regarding their procedures.
Commissioner Christ noted that he has gained a lot of insight from the
County Commissioner's Forum. A lot of time questions regarding adjacent
sites could be solved by the Commission visiting the ;sites prior to
meetings. The Commission may need to look at what the role of the
Planning Commission is. In some cities it is mandatory that the
commissioners look at the sites.
-18-
. .
MISCELLANEOUS
Staff Report
M/S: Dickson, Olszewski -
M/S: Dickson, Perrine -
Nomination of Planning Commission
Officers - 1987.
That Commissioner Perrine be elected
Chairman for 1987. Motion carried
unanimously.
That Commissioner Christ be elected as
Vice-Chairman for 1987. Motion carried
unanimously.
OTAER ITEM BROUGAT UP BY COMMISSION
M/S: Dickson, Christ - That the Planning Commission adopt a
Resolution commending Jo Ann Fairbanks
for her s,~rvice on the Commission.
Motion carried unanimously.
The Commission extended its congratulations to Bill Seligmann for being
selected as City Attorney.
* * e
ADJOURNI~NT
There being no further business, the
meeting was adjourned at 10:57 p.m.
APPROVED: George C. Rasolas
Chairman
ATTEST: Arthur A. Ree
.Secretary
RECORDED: Linda A. Dennis _
Recor ing Secretary