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PC Min 11/25/1986PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 PM MINUTES NOVEMBER 25, 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 Hall, 70 N. First St., Campbell, California. ROLL CALL Present Commissioners: Dickson, Olszewski, Christ, Fairbanks, Kasolas; Planning Director A. A. Kee, Planner II Tim J. Haley, Engineering Technician Jim Penoyer, Acting City Attorney Bill Seligmann, Recording Secretary Linda Dennis. Absent Commissioners Perrine and Stanton. ,. Chairman Kasolas noted that Commissioners Perrine and Stanton had excused absences. APPROVAL OF MINUTES M/S: Fairbanks, Christ - That the minutes of the Planning Commission meeting of November 11, 1986 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. SITE AND ARCHITECTURAL APPROVALS S 86-19 Application of Mr. Marty Paisley for Paisley, M. 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. Chairman Kasolas indicated that this item was considered by the Site and Architectural Review Committee, and the Committee is recommending a continuance to December 9, 1986. M/S: Fairbanks, Christ - That S 86-19 be continued to the Planning Commission meeting of December 9, 1986 in order that revised plans may be submitted. Motion carried unanimously (5-0-2). -2- PUBLIC HEARINGS TA 86-03 Continued public hearing to consider a City initiated proposed text amendment to Sections _ 21.41.130 & 21.41.140 of the Campbell Municipal Code modifying the review procedure of applications for change of use, construction, demolition, relocation or material change in an Historic District. Chairman Kasolas requested information regarding the status of the Historic Preservation Board. Acting City Attorney Seligmann indicated that the City Council expressed a concern with the failure to retain members on the Board, and asked the City Attorney for alternatives. Three alternatives have been presented to the Council (report dated November 18, 1986), and a Committee has been appointed to study the matter. Planner II Tim Haley noted that the text amendment proposal before the Commission at this time does not pertain to the make-up of the Historic Preservation Board. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. __ Mr. Nash Kunkel, 86 Alice Ave., questioned the definition of "material change" as it applies to structures on Alice-Ave.; and, the impact of the Historic Preservation Ordinance on Alice Ave. if the street is made a Historic District. Mr. Seligmann responded that a material change would be a change to the actual material on the exterior of the building, not a change of the appearance. The ordinance would apply to the exterior of the structures. not the inside. Chairman Kasolas noted that the Commission has expressed a concern about the apparent lack of information the residents have. Planning Director Kee reported that Staff sent letters to the residents of Alice Ave. regarding this evening's hearing. Commissioner Fairbanks asked for additional information regarding the impact of the alternatives for the Historic Preservation Board on this evening's considerations. Mr. Seligmann stated that there is no foreseeable impact, and certainly no real impediment to proceeding on with the text amendment before the Commission this evening. It does not seem likely that the functions of the Historic Preservation Board will be placed under the Planning __-, Commission's jurisdiction; however, if the Commission has a concern with this matter, perhaps a continuance would be in order. -3- At this time, Chairman Kasolas postponed consideration of this matter until later in the meeting in order that those residents present could review the proposed ordinance. Mr. Kunkel stated that after a brief review and discussion of the proposed ordinance, he would like to request that the residents of Alice Ave. be supplied with a copy of the ordinance. Additionally, since Alice Ave. may become the first Historic District in the City, those residents present this evening have decided that it might be appropriate for them to have representation on the Board. Commissioner Olszewski asked Mr. Kunkel if he was requesting that the zone change for Alice Ave. be considered at a later date, or if he was requesting that the text amendment be continued. Mr. Kunkel responded that he personally would like additional time to review the ordinance, and that he didn't feel that Alice Ave. could be considered for a Historic Overlay zoning without knowing-what the ordinance contains. He expressed his concern with how the text amendment would be applied to Alice Ave. Mr. Frank Ramirez, 116 Alice Ave., asked for a copy of the ordinance and a continuance on the consideration of Alice Ave. Mr. Joe Pucci, 177 Alice Ave., asked for a copy of the ordinance and a continuance on the consideration of Alice Ave. Mr. Pete Yerkovich, 69 Alice Ave., agreed with the continuance request, and felt that the residents should know more about the ordinance. He continued that he did not feel the ordinance would hinder the property owners. However, some of the property owners felt that the historic designation would result in additional regulation, and others have just lost interest in the matter. Mrs. Barbara Conant, representing the Civic Improvement Commission, stated that it has been two years since an application was received from Alice Ave. residents, and after such a lengthy process, the residents do need time to be brought up to date. Mrs. Conant continued that the City Staff and Commission members should meet with the residents after the holidays to further discuss the issue. The Civic Improvement Commission is very concerned with possible encroachment of new buildings and construction on Alice Ave.; however, it is not trying to force the historic designation on the street. Commissioner Olszewski asked Mrs. Conant if, in her opinion, it would be better to make a decision on the text amendment so that there is something concrete for the Alice Ave. residents to work with on the Historic Overlay issue. Mrs. Conant responded that this would be correct, in that she felt the two issues were being mixed together. -4- Commissioner Christ stated that having both matters on the agenda at the same time has caused problems; however, he has had more than ample time to make a decision on the matter. Commissioner Christ continued that he felt the Commission needed to make a decision on the text amendment, and then open the public forum on the Alice Ave. historic designation and show them how the amendment would affect these properties should the residents decide to become a Historic District. The two issues should be kept completely separate. Commissioner Christ asked if this approach would be agreeable to the residents present this evening. Commissioner Dickson stated that the City Attorney has stated this evening that he is recommending some further text amendments to this ordinance, so what Commissioner Christ suggested may not solve the issue. Commissioner Dickson noted that there is an Historic Preservation Ordinance in effect at this time, and this issue is a proposed text amendment to that existing ordinance. Chairman Kasolas cautioned the Commission to be aware of the public noticing process if it was to adopt an amendment this evening, it could find itself in a dilemna of foreclosing options for the people of Alice Ave. Commissioner Christ stated that this is 'an ordinance for the entire City; and, if the Chairman is saying that the Commission should allow the residents of Alice Ave. to have the majority of say in what the ordinance should be, he would totally disagree. Originally, an exception was being made for Alice Ave., and this text amendment was proposed by the City Attorney to keep the ordinance applicable to the entire community. He asked if copies of the ordinance should be sent out to everyone in the City, if they are sent out to Alice Ave. Commissioner Dickson noted that it is difficult to obtain input from an entire City. Statistically, Alice Ave. would be a good cross-section for the City. Chairman Kasolas stated that the record would show that the text amendment is before the Commission because of testimony from Alice Ave. residents. Mr. Seligmann clarified that the precipitating factor in bringing about this text amendment was the proposed zone change to make Alice Ave. a Historic District. M/S: Dickson, Fairbanks - That the public hearing on TA 86-03 be continued to the Planning Commission meeting of January 27, 1987. Motion carried with a vote of 3-2-2, with Commissioners Olszewski and Christ voting "no", and,Commissioners Perrine and Stanton being absent. -5- ZC 86-10 Continued public hearing to consider a HPB 86-01 City-initiated zone change from R-1 City-initiated (Single Family Residential) and/or P-O (Professional Office) to R-1-H and/or P-O-H (Historical Overlay Zoning District) for the Alice Avenue Neighborhood (all properties having frontage on Alice Ave.: 20 through 235 Alice Ave., 235 S. First St., 189 & 190 S. Third St., 2200 S. Winchester Blvd.). Commissioner Olszewski noted that, in light of the action taken on TA 86-03, it would seem appropriate to schedule the study session referred to under TA 86-03, so that appropriate information can be gathered from the residents of Alice Ave. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. Mrs. Barbara Conant, representing the Ciyic;Improvement Commission, spoke in favor of the proposed zone change, but noted that she would hold her comments for the next meeting. Mrs. Conant indicated that she would be happy, as a representative of the Civic~Improvement Commission, to meet with Alice Ave. residents. Chairman Kasolas asked if it would be appropriate for individual members of the Commission to attend a study session on this issue. Acting City Attorney Seligmann indicated that regulations under the Brown Act must be followed. Planning Director Kee stated that Staff can meet whenever necessary. Mr. Kunkel, 86 Alice Ave., stated that he would help organize the street and get some discussion going. A tentative meeting date for Staff and residents of Alice Ave. was set for Wednesday, January 7, 1987. M/S: Christ, Dickson - That the public hearing on ZC 86-10 be continued to the Planning Commission meeting of January 27, 1987. Motion carried unanimously (5-0-2). UP 86-15 Public hearing to consider the Brawner, J. application of Mr. James Brawner for a Use Permit to allow the establishment and operation of an indoor recreational use called "Cops and Robbers" on property known as 645 #A McGlincey Ln. in an M-1-S (Light Industrial) Zoning District. -6- Chairman Kasolas reported that this Architectural Review Committee, and approval. item was considered by the Site and the Committee is recommending Mr. Kee reported that Staff is also recommending approval, and noted the attached conditions limiting the hours of operation. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. Commissioner Fairbanks asked about the use and operation of this facility; safety requirements; and, game structure and objective. Mr. James Brawner, applicant, indicated that the use is termed a recreational facility. Competitors can play laser tag or use guns with paint pellets, for a game reminiscent to "Cops & Robbers". The games does not involve the element of death, but rather is played for points. There are a number of facilities across the country, however, there are none in this County. Mr. Brawner continued that he was not aware of any safety requirements for the business; however, jrhe;safety requirements for this particular facility were set up by the attorney who set up the business - goggles and hats are required, the house supplies everything needed for the game, no one is allowed to bring in their own equipment. Competitors must have release forms signs by parents if they are under 18. M/S: Olszewski, Christ - That the public hearing on UP 86-15 be closed, in that no one else wishes to speak. Motion carried unanimously (5-0-2). M/S: Olszewski, Christ - That the Planning Commission adopt Resolution 2423, including the attached findings, approving UP 86-15, subject to conditions indicated in t)ie Staff Report dated November 25, 1986. Motion carried with the following roll call vote: AYES: Commissioners: Dickson, Olszewski, Christ, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Perrine, Stanton. * ,t PD 86-02 Continued public hearing to consider the Anderson, K. application of Mr. Kurt 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. -~- Chairman Kasolas reported that this Architectural Review Committee, and continuance. item was considered by the Site and the Committee is recommending a Chairman Kasolas 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 PD 86-02 be continued to the Planning Commission meeting of December 9, 1986. Motion carried unanimously (5-0-2). MISCELLANEOUS Referral Continued referral from City Council on Anderson, R. the application of Mr. Kurt Anderson for ZC 86-01 a zone change from R-M-S (Mulitiple Family~,Re~idential) to PD (Planned Development); and approval of a Planned Development Permit, plans, elevations and development schedule to allow the construction of 4 townhomes on property known as 235 N. Third St. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee, and the matter is before the Commission without a recommendation. Mr. Kee reported that Staff is recommending approval of the project from a design standpoint. Commissioner Dickson reported that the Site and Architectural Review Committee had a split vote because the project exceeds the maximum density of 3.49 units per gross acre allowable under the R-M-S Zoning District. Commissioner Dickson continued that he did not see anything which would make this project special, and felt that it was a misuse of the PD zoning. Additionally, Commissioner Dickson noted that he looked at Latimer Ave. as an excellent break for densities to protect the R-1 district to the south and east of this site. Commissioner Olszewski stated that he looked at the site very carefully and felt that the project should not create much of an impact on the area, in that they are two bedroom units; the project is less dense than the surrounding area; the building elevations are well-designed; the setbacks meet or exceed those required by the code; parking exceeds the code requirements; and the Public Works Department is satisfied with the driveway arrangement. Additionally, the application came to the City under the old zoning ordinance. -8- Mr. Kurt Anderson, applicant, extended his appreciation to the Commission and Staff for all the time spent on this project. He indicated that the application was submitted under the previous zoning ordinance; and, he followed the suggestions of the Site and Architectural Review Committee in making revisions regarding the number of bedrooms being reduced and the landscaping being increased. Chairman Kasolas asked Mr. Anderson if he was guided by the Site and Architectural Review Committee in the selection of the number of bedrooms for this project. Mr. Anderson responded that the Site Committee indicated that a reduction in the number of bedrooms, a reduction in the square footage of each unit, increased parking and landscaping would have a positive effect on its recommendation. M/S: Christ, Olszewski - 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 Resolutions No. 2424 & 2425, including the attached findings, recommending that the City Council approve ZC 86-01, subject to conditions indicated in the Staff Report dated November 25, 1986. Motion carried with the following roll call vote: Discussion on Motion Commissioner Dickson stated that he is opposed to the motion for reasons indicated earlier. Commissioner Olszewski stated that he is supporting the motion because of the high quality of the development, and the fact that it will provide additional living units in the downtown area. Commissioner Christ spoke in favor of the motion, noting that the applicant has done his utmost to meet the City's criteria; and, he felt the design was very well done. _ Vote on Motion AYES: Commissioners: Olszewski, Christ, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: Perrine, Stanton. * ~ -9- t SA 86-34 Continued sign application - Gaslighter Gaslighter Theater Theater - 400 E. Campbell Ave. - Interim Zoning District. Chairman Kasolas reported that this application was considered by the Situ and Architectural Review Committee. The Committee is recommending approval of the sign as indicated on the exhibit at the Commissioner's stations (attached hereto). Commissioner Fairbanks asked if Staff was in agreement with the proposed flood lights. Mr. Kee indicated that Staff was in agreement with the flood lights as proposed. M/S: Olszewski, Fairbanks - Staff Report That the Planning Commission adopt the attached findings and approve a temporary 39 sq.ft. sign on the east and, west elevations of the building, as per the attached exhibit, subject to conditions indicated in Staff Report dated November 25, 1986. Motion carried unaniMously (5-0-2). Staff Report regarding signing - Citti's Florist - 990 E. Hamilton Ave. It was the consensus of the Commission that this Staff Report be noted and filed. OTHER ITEMS BROUGHT UP BY COMMISSION Chairman Kasolas commented that the Planning Commission may want to review with Staff the purpose and definition focus, method of operation, and participation from others who can serve on the Site and Architectural Review Committee so that applicants do not get the feeling that one or two, commissioners may be speaking for the entire group of seven. He expressed. his concern with the Site Committee becoming involved in redesigning the interior of projects. Mr. Kurt Anderson, architect, suggested that the Commission look at Saratoga's method of operation, in that the applicant gets an opportunity to meet with the entire commission prior to the formal meeting. -10- Commissioner Olszewski asked for a report from the City Attorney regarding the legal responsibility of the Site and Architectural Review Committee and/or other things the Committee should be made aware. Additionally, he requested a report from Staff outlining the history (how and why) of the Committee . Commissioner Dickson noted that reviews are healthy; and, that the Committee can do a great deal for the community. Commissioner Dickson felt that the method which Campbell uses works well, and noted that he is against the way Saratoga operates. Chairman Kasolas asked for a Staff Report on these issues at the meeting of January 13, 1987. Commissioner Olszewski commented on the possible removal of mature landscaping at 75 Onion Ave. The current system allows properties to be graded without a permit, thereby allowing the removal of mature landscaping from property before developytenp plans are submitted. He suggested this issue be discussed at a study session. The Commission thanked Commissioner Fairbanks for her service to the Commission and the community. _---. ADJOURNMENT There being no further business, the meeting was adjourned at 9:40 p.m. APPROVED: George C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recording Secretary