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PC Min 02/25/1986PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 PM ~ MINUTES FEBRUARY 25, 1986 I The Planning Commission of the City of Campbell convened this day in L regular session at the regular meeting place, the Council Chambers of City Hall, 70 N. First St., Campbell, California. ROLL CALL Present Commissioners: Dickson, Ols2ewski, Christ, Perrine, Stanton, Fairbanks, Kasolas, Planning Director A. A. Kee, Principal Planner Phil Stafford, Engineering Manager Bill Helms, Acting City Attorney Bill Seligmann, Recording Secretary Linda Dennis. Absent None. Chairman Kasolas welcomed newly appointed Planning Commission Robert Stanton. APPROVAL OF MINUTES M/S: Perrine, Olszewski - That the minutes of the Planning Commission meeting of February 11, 1986 be approved as submitted. Motion i carried, with Commissioner Fairbanks abstaining due to absence from that meeting. COMMUNICATIONS Chairman Kasolas noted that the Communications item regarding appointment for Landscape Advisor wirl be moved to the end of the agenda. ARCHITECTURAL APPROVALS S 86-01 Application of Kirk Enterprises for Kirk Enterprises approval of plans and elevations to allow the construction of an industrial building on property known as 963 Camden Ave. in an M-1-S (Light Industrial) Zoning District. Commissioner Perrine reported that this application was considered by the Site and Architectural Review Committee. The Committee is recommending approval as outlined in the Staff Report. -2- M/S: Fairbanks, Olszewski - That the Planning Commission accept the Negative Declaration that has been prepared for this project; that the Planning Commission adopt findings as indicated in the Staff Report, with the word "pleasing" being changed to "acceptable" and deleting the specified landscaping percentage; and, that S 86-01 be approved subject to conditions indicated in the Staff Report. Motion carried unanimously (7-0-0). PUBLIC HEARINGS UP 86-01 Public hearing to consider the applica- Martin, M. tion of Mr. Maurice Martin for a use permit to allow the establishment of a cat boarding facility in an existing building on property known as 2020 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District. Mr. Kee reported that Staff is of the opinion that the proposed cat boarding facility will be more similar to an animal hospital or pet clinic, than to a kennel. This application is for approval of a use permit to allow the establishment of a cat boarding facility at 2020 S. Bascom Avenue, in a portion of an existing building. Plans submitted with the application indicate that the proposed use will occupy approximately 1,120 sq. ft. of the 5,000 sq. ft. building. Commissioner Fairbanks asked about the surrounding zoning„ and if the conditions of approval should say "safe and sanitary" rather than "clean and sanitary". Commissioner Dickson asked what restrictions or agreements are in effect on the rest of this 5,000 sq.ft. building. Mr. Stafford explained that there are- other existing uses in the building, and the cat boarding facility would only be occupying approximately 1,120 sq.ft, of the building. Mr. Kee added that the presented plans indicate the specific floor area to be used for this particular use, and if the facility is enlarged it could be subject for review by the Planning Commission. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. M/S: Fairbanks, Olszewski - That the public hearing for UP 86-01 be closed, in that no one 'wishes to speak. Motion carried unanimously (7-0-0). -3- M/S: Olszewski, Fairbanks - That the Planning Commission accept the Negative Declaration which has been prepared for this project; and that the Planning Commission adopt the findings as indicated in the Staff Report; and that the Planning Commission adopt Resolution No. 2372 approving UP 86-01 subject to conditions indicated in the Staff Report. Motion carried with the following roll call vote: AYES: Commissioners: Dickson, Olszewski, Christ, Perrine, Stanton, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: None. MISCELLANEOUS S 84-11 Continued appeal of the Planning UP 84-08 Director's decision denying the Lincoln Property Co. applicant's request to modify the approved building elevations to permit a patterned horizontal treatment in lieu of a colored granite veneer accent band on property known as 2105 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District. Mr. Kee reported that Staff is recommending continuance in that no new information has been received. Commissioner Perrine briefly explained that the delay is due to the request of the Site Committee in asking for a sample of the proposed veneer accent to be temporarily placed on the building. M/S: Perrine, Fairbanks - That S 84-11/UP 84-08 be continued to the meeting of April 8, 1986 at the applicant's request. Motion carried unanimously (7-0-0). Request Request of Mr. Jeffrey D. Rose for a Rose, J. determination of allowable uses for property located at 64 N. Harrison Ave. in an area designated for "Medium Density Residential" and/or "Professional Office" and zoned P-D (Planned Development). -4- Mr, Kee reported that a communication has been received from the applicant asking for a withdrawal of his request from the agenda (attached hereto). Chairman Kasolas noted that the subject request is withdrawn and removed from the agenda per the applicant's letter, no further action being necessary. Referral Referral from the City Council regarding the City Attorney's memorandum on the renting of condominiums, for the review and comment of the Commission. Lengthy discussion ensued regarding the initiation of this matter; it's urgency; current legal policies regarding the rental of condominiums; the Housing Element of the General Plan; legality of treating rental properties different from owner-occupied properties; pending court cases; and state law and policies regarding the rental of condominiums. Commissioner Dickson was of the opinion that the Planning Commission's function is in terms of the General Plan, zoning, and land use; and, he would assume that the Council wishes to know of the renting of condominiums is in accord with the General Plan's elements. He continued that he personally did not feel that the City should be in the business of determining who can rent, and that he would be against any kind of restriction that said an owner had to rent, or sell, etc. Additionally, if the City, by some action, is excluding some faction of the community, this should be seriously looked at. Commissioner Christ agreed with Commissioner Dickson's opinion regarding the City's function is determining. who can and who cannot rent. Additionally, he noted that he sees a problem when something is zoned for condominiums and a corporation owns the entire project and rents them all out--this seems to he similar to an apartment house. Perhaps that type of use is not proper for that particular location. Commissioner Christ felt that the matter could be handled with a definition for condominiums indicating the units to be for sale and for individual ownership. Commissioner Kasolas noted that the issue before the Commission is that the City Council has referred a matter to the Commission for action. The Commission must make a determination if there is a need for such restrictions. Commissioner Fairbanks stated that the Commission needs to deal with the elements of the City's ordinances, including the Housing Element of the General Plan, which precludes any segment being denied housing. Commissioner Fairbanks continued that, personally, having no idea of the discussion before the City Council, she felt that this type of thing appears to be elitism. She noted that Campbell is almost one-half renters, and she would be very adverse to suggesting to the Council that percentages be put on who must be an owner, based on the information that she has at this point. -S- Commissioner Kasolas commented that he felt the term "elitism" should be addressed, in that the community has always been put forward as not being elite. He continued that the definition of apartment or condominium has - been a concern; now, the problem of who owns the unit raises an enforcement problem. Additionally, from past experiences on Union Ave. one can see that some units were rented out for years, and then sold. The real question is if this issue is one of those phenomena that presents itself when the market changes. Commissioner Perrine noted that the City takes a risk when it approves projects, such as the Heritage Village condominiums, and a ban on renting those units could have resulted in bankruptcy for the developer, which could have been more adverse to the City than the rentals. M/S: Dickson, Christ - That the Planning Commission find that an ordinance banning the rental of condominiums is not needed at this time. Motion carried unanimously (7-0-0). M/S: Dickson, Olszewski - If the City Council determines that there is a need for an ordinance restricting the rental of condominiums, that the Planning Commission recommend that any such ordinance be reviewed .for accordance with the General Plan. Motion carried unanimously (7-0-0). COMMUNICATIONS Request Landscape Advisor Request of Deborah Ellis for appointment as Landscape Advisor to the Site and Architectural Review Committee. There was considerable discussion regarding the existing procedures for review of landscape plans; the amount of time that review of plans by a Landscape Advisor might add to the .review process; the legal implications and possible conflicts of interest in terms of an applicant going to the Advisor to have landscaping done; the proposed duties of a Landscape Advisor; the types of licensing for levels of expertise; whether there is a need for a Landscape Advisor; and, criteria to be set forth as to who would best fill that position. Commissioner Christ asked for clarification on the types of projects which would involve the Landscape Advisor. Commissioner Olszewski indicated that he would see the role of the Landscape Advisor to be exactly like that of the Architectural Advisor. He continued that he feels each project has two very important parts--the building, and the on-site landscaping. The Site Committee and the community could benefit from the training and foresight of a ~- professional. -6- Chairman Kasolas noted that thus far we have been using City Staff, and he would assume that any advisory position would be to assist the Staff--not to be critical of past or future actions. He suggested that the matter be deferred to the Staff to answer the question about added time to the review process, where this position would be valuable, and the appropriateness of peers judging peers. Commissioner Perrine felt that an expert's opinion could reduce time spent on projects; and, he noted that the Advisor's recommendations are available for the Site Committee meeting. He suggested that the Council add into the ordinance a provision for other experts, including but not limited to Landscape Advisor. M/S: Dickson, Fairbanks - That the Planning Commission adopt guidelines as outlined in the Staff Report, on a trial basis; and, that the Planning Commission appoint a Landscape Advisor for a period of six months; and, that Staff report back to the Planning Commission, after the six month period, as to any difficulties with the appointment in terms of review time or application processing. Motion carried unanimously (7-0-0). At this time, the Commission asked the Landscape Advisor applicant, Deborah Ellis, questions regarding landscaping licensing; experience; how role of Landscape Advisor is viewed; and philosophy of plant types, tree - removal/retention, water/energy conservation. M/S: Fairbanks, Olszewski - That the Planning Commission appoint Deborah Ellis as Landscape Advisor. Motion carried unanimously (7-0-0). ADJOURNMENT There being no further business, the meeting was adjourned at 9:08 p.m. APPROVED: George C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recording Secretary FILE NO: S 86-01 APPLICANT: KIRK ENTERPRISES SITE ADDRESS: 9673 CAMDEN AVE. P.C. MTG. 2-25-86 RECOMMENDED FINDINGS 1. The design of the building is aesthetically acceptable and will be an improvement to the area. 2. The 6 parking spaces provided satisfies the parking code requirement. 3. The site is landscaped and will help create an attractive development. 4. The proposed warehousing/industrial use conforms with the uses allowed in the Light Industrial Zoning District. 5. The project will not adversely affect the area or the City as a whole. CONDITIONS OF APPROVAL: S 86-01 APPLICANT: Kirk Enterprises SITE ADDRESS: 963 Camden Ave. P.C. MTG. 2-25-86 ^~ i The applicant is notified as part of this application that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the Laws of the State of California. 1. Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. 2. Landscaping plan indicating type and size of ,plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. 3. Fencing plan indicating location and design details of fencing to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 4. Applicant to either (1) post a faithful performance bond in the amount of $3,000.00 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. .~ 5. Applicant to submit a plan to the Planning Department, prior to installation of PG&E utility (transformer) boxes, indicating the location of the boxes and _' screening (if boxes are above ground) for approval of the Planning Director. 6. Applicant to submit a letter to the Planning Department, City Attorney, prior to application for building permit, the property as follows: 160 sq.ft. office use, and 2,10 industrial/warehouse use. 7. Plan indicating screening of all mechanical equipment on utility meters to be approved by the Planning Director, building permit. satisfactory to the limiting the use of ~ sq.ft. roofs and all prior to issuance of a 8. Building occupancy will not be allowed until public improvements are installed. 9. All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 10. Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. CONDITIONS OF APPROVAL: S 86-01 APPLICANT: Kirk Enterprises SITE ADDRESS: 963 Camden Ave. P.C. MTG. 2-25-86 PAGE 2. 11. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables, etc. 12. Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.68.030 of the Campbell Municipal Code). 13. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. 14. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor ,~ surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 15. Applicant shall comply with all appropriate State and City requirements for the handicapped. FIRE DEPARTMENT 16. Any underground storage tanks on the site shall be removed prior to construction. PUBLIC WORKS DEPARTMENT 17. Pay storm drain area fee. 18. Install street improvements in Camden Ave. including one half the sul-de-sac. 19. Submit three sets of the on-site grading and drainage plan. 20. Obtain an excavation permit, pay fees and post surety for all work within the public right of way. BUILDING DEPARTMENT No comments. ~- ITEM N0. 4 JDR Microdevices 1224 S. Bascom Ave. San Jose, CA 95128 February 25, 1986 City of Campbell Planning Department 70 No. First St. Campbell, CA 95008 Re: Request For Determination of Allowable Uses 64 No. Harrison Ave. Gentlemen: This is to inform you that the request for a determination of allowable uses for that certain real property located at 64 No. Harrison Ave., should be taken off of your scheduled Agenda for Tuesday, February 25, 1986, at 7:30 p.m. At this time, I am no longer interested in a determination with respect to the allowable uses for the property. If you have any questions, please contact Lynn G. McKinnon at the law offices of Berliner, Cohen & Biagini at (408) 286-5800. Sincer~,y~~ .. --~'~- . ~./ Yl ~" -- Jeffrey D. Rose ~ ~~~~~~ D DEB N ~ 195 '--- CITY OF CAMPBELL ` PLANNING DEPARTMENT