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PC Min 07/24/1984PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 P.M. MINUTES JULY 24, 1984 The Planning Connnission of the City of Campbell convened this day in regular session at the regular meeting place, the Council Chambers of the City Hall, 70 N. First St., Campbell, California. ROLL CALL Present Commissioners: Kasolas, Perrine, Christ, Howard, Campos, Dickson; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, Acting City Attorney Bill Seligmann, Recording Secretary Linda Dennis. Absent Commissioner Fairbanks. APPROVAL OF MINUTES July 10, 1984 NI/S: Kasolas, Campos - That the minutes of the Planning Commission meeting of July 10, 1984 be approved as submitted. Notion carried with a vote of 5-0-1-1, with Cwiar-issioner Howard ab- staining due to absence. ~ ~ ~ CON6~1[JNICATIONS Chairman Dickson noted that a copy of a letter from Connnissioner Fairbanks, requesting reappointment to the Commission, has been received. Chairman Dickson introduced Nh~. Bill Seligmann, Acting City Attorney. Mr~:~ Kde rep~art~ed that other communications received pertained to specific items on the agenda and would be discussed at that time. CONSENT CALINDAR R 84-09 Request for reinstatement of previous approval of (PD 81-04) plans, elevations, and development schedule; and McElroy, T. an extension of approval for a tentative subdivision map, to allow construction of S townhomes on property Imown as 51 PQission Way in a PD (Planned Development/ Medium Density Residential) Zoning District. Commissioner Howard reported that this itean was considered by the Site and Architectural Review Committee. The Committee is recommending reinstatement, with the addition of a trellis or vine along the east and west portions of the property on the walls, and elimination of the roof element between the two buildings. -2- M/S: Kasolas, Howard - That the Plarm.ing Commission recoirnnend approval of the reinstatement of PD 81-04 ~ TS 81-26 (R 84-09), to in- clude the recommendations of the Site Committee. -', Motion carried unanimously. ARCHITECTURAL APPROVALS * ~ * _' MM 84-O1 Continued rec{uest of Mr. James Harp, on behalf of ~Y`p, J. ASCOM, Inc., for approval of two satellite antennas on property located at 201 E. Hamilton Avenue in a C-1-S (Neighborhood Conmiercial) Zoning District. Commissioner Howard reported that this item was before the Site and Architectural Review Committee. The Committee is recommending denial without prejudice. The reason for recommending a denial without prejudice is to remove this item from the agenda. The antennas are higher than the height allowable under the ordi- nance, and they are not screened according to the rec{uirements. Commissioner Kasolas noted that KEEN Radio has an antenna, which is located in one of the parking spaces on-site. This antenna does not seem to be bothering anyone. Additionally, he stated he did not see any problem with the ASCOM antennas, and these anteimas are located in the back of the site. Mr. Kee stated that Staff was not aware of the antenna at KEEN Radio; however, if they have not gotten. approval for this antenna, Staff can assure they will be coming before the Commission. Commissioner Kasolas stated that he could not see where either antenna was a problem; and, the Commission might wish to continue this item in order that the applicant could be present. _ Commissioner Christ noted his agreement with Staff, as well as with Commissioner Kasolas. He suggested a continuance in order to allow the applicable adequate time to drop the height of the antennas, so they would not be visible from the street. Chairman. Dickson noted that the applicant should be present before the Commission started imposing conditions on his application. M/S: Christ, Kasolas - That the Planning Commission approve MM 84-01, with the conditions that (1) the satellite dishes be green in color; (2) the antennas not be visible from the street (including height limitation); and (3) the applicant to have 60. days in which to comply with the conditions. A4otion failed with the following roll call voter AYES: Commissioners:. Kasolas, Christ NOES: Commissioners: Perrine, Howard, Campos, Dickson ABSh1VT: Commissioners: Fairbanks M/S: Campos, Howard - That MM 84-01 be denied without prejudice; and, that the Planning Commission recommend that the City Council waive re-application fees when this specific use. is re-applied for. Motion carried unanimously. - *~ -3- S 84-05 Continued application of Mr. Jim Donnas, on behalf of D~unas, J. Vanderson Construction, Inc.., for approval of plans and elevations to allow the construction of an office building on property known as 476 to 486 E. Campbell Avenue in a C-2-S (General Commercial) Zoning District.' Commissioner Howard reported that this item was before the Site and Architectural Review Committee. The applicant is requesting a continuance in order to address concerns expressed in the Staff Comment Sheet. Commissioner Ka.solas questioned the ingress/egress of the property, noting that it has been his understanding that the Council's policy is to discourage in- gress/egress onto Campbell Avenue. Mr. Helms indicated that Staff and the applicant have not come to an agreement, as yet, on the appropriate way to provide ingress/egress at this location. M/S: Perrine, Howard - That S 84-05 be continued to the Planning Co~mni.ssion meeting of August 14, 1984. Motion carried unanimously. *~~ S 84-14 Continued application of Mr. Behrooz Nikakhtar for Nikakhtar, B. approval of plans and elevations to allow the con- struction of a 5-unit apartment building on property known as 1430 W. Latimer Avenue in an R-2-S (Multiple Family Residential) Zoning District. Commissioner Howard reported that this. item was considered by the Site and - Architectural Review Caaimittee. The Committee is recommending a continuance in order that the applicant can work out an agreement with the~.,City Attorney limiting the use of the 5 units. The floorplan of these units is designed in such a way that the 5 units could. easily become 9 units. Additionally, there is a problem with the exits and the locations of the exits; as well as the roof materials and the trash enclosure. Commissioner Kasolas asked for clarification on the building height, at it's relationship to surrounding properties; and, he questioned the parking ratios, noting that since these-omits have an excessive amount of livable square footage the parking maybe inadequate at 1.5 spaces per omits. Nt/S: Perrine, Campos - That S 84-14 be continued to the Planning Commission meeting of August 14, 1984. Motiolz c:a.rried unanimously. *~* PUBLIC HEARINGS ZC 84-O1 Continued. public hearing to consider the application Kobza, D, of Mr. Dennis Kobza, on behalf of Regency Monarch Develo~r~ent .Corp. , for aPPY'0v~~-1 of a zone change from PD (Plarmed Development) to C-PD (Cflndominiunn-Planned Development); and app~~oval of plans, elevations, and development schedule to allow the construction of an office building on property known as 85'1 E. Hamilton Ave. in a PD (Planned Development/Commercial arid./or Industrial) Zoning District. -4- Commissioner Howard reported that this item was before the Site and Architectural Review Committee. The Comm:it:tee is recommending apprcval as indicated in the i Staff Comment Sheet. Chairman Dickson opened the public hearing and invited anyone in the audience to speak for or against this item. P9r. Dave Lazerus, Regency Monarch Development Corp., appeare3 t.o answer any questions the Commission might have. Commissioner Kasolas asked about the traffic mitigation measures being required for this project, and if an Environmental Impact Report was required for this application. Mr. Kee noted that this project is approximately 20,000 square feet; and, in Staff's opinion, this was in the category for a Negative Declaration, which has been filed with the County for this project. Mr. Helms added that the primary reason for the previous continuances of this item were so that Staff would get a traffic report which was satisfactory. Staff is, at this point, in agreement with the report prepared by Mr. Louis Larson, Traffic Consultant. Commissioner Kasolas noted that the Commission has recently considered developments that require mitigation as much as one-half mile off site. This project is adjacent to the on-ramp of Highway I7. He questioned how fairly applicant's are treated--if they come in under a certain size they get an automatic approval because they are under a certain size. He continued that he has difficulty with a project that is not being made to take extensive mitigation measures. Commissioner Kasolas expressed a concern about requiring people to subdivide their property in order to come in under a certain size to avoid mitigation measures. Commissioner Perrine stated that there are other projects in this area which are affecting this project, each project being made to do certain mitigating measures to improve the total picture. Mr. Helms indicated that the analysis for this project indicates that some modification should be made to the intersection of Ba.scom/Hamilton in order that the intersection not be significantly adversely affected. The analysis uses the Critical Movement Analysis of the intersection, which means that the trip generation, distribution for the network, and critical times of the day are considered. In this case, the impact would indicate an increase in U-turn movements. With Campbell's criteria, we have determined that if the level of service is impacted more than Io, mitigation measures are required. In this instance, we are recommending that the developer be required to add a southbound turn lane and some signalization. The City already has an agreement with Spoons Restaurant to construct certain improvements when called upon to do so. Addi- tionally, Standard Oil has agreed to dedicate the land and to moue the curb; thereby leaving the remaining cost of the traffic signalization itself. Staff considers this signalization an.appropriate burden for this applicant. There are other things happening in this area that are c~umzlative and depend on the size of the developanent, as well as the sequence in which things happen. What Staff attempts to do in each case is look at it as though other development has not or will not occur--measures recommended are free-standing. -5- Commissioner Ka.solas stated that he would like to find some way that is equitable for all the applicants. Campbell's criteria allows that if there is no change over 1~, there are no improvements required. He continued to express a concern that, by following this analogy, the City - is encouraging people to subdivide their property in order to develop smaller projects. This is not equitable. Phr. Helms noted that one of the provisions udder the Sidewalks ordinance provides that a developer can be required to construct off-site improvements, as well as possibly reimbursement if a developer is required to construct certain improvements which are later used by another developer's capacity. Commissioner Christ stated that it would appear that this development would have to have some impact on Hamilton Avenue, and there has been no discussion of an extra west-bound lane on Hamilton. He asked if there was some way the City could get the developer to pay a portion of that improvement when it went through; or perhaps have other projects that go in before that improve- ment is made contribute part of the cost of improvements. Mr. Helms indicated that until the recent adoption of the Street and Sidewalk Amendment, the City did not have the mechanics that would allow this sort of thing. He continued that later on this evening's agenda is a referral from the City Council regarding a construction tax. The intent of this tax would be to provide monies for capital improvements that would serve the City as a whole. Commissioner Christ noted that it would seem that all development in the area would have an impact on the area, and they should all have to pay a portion of the improvements. He asked if there was some way the City can get this developer to participate in the cost of the future widening of Hamilton Avenue, and/or participate in the construction tax when it is adopted. Mr. Helms indicated that there will be much larger projects that are going to be proposed that will have a mach greater impact on the Bascom/Hamilton inter- section. Commissioner Christ stated that this project will be benefitting from future improvements; and, in that they are so close to the freeway, it would seem that they would have a larger impact because of the proximity--rrore so than a larger project further away. Chairman Dickson asked that a memo be sent to the City Council expressing the concerns of the Commission. Commissioner Kasolas stated that the terminology being strived .for is "sub- stantially fair". He continued that he felt uncomfortable with this project being set directly in the path of Highway 17 on-ramps; and, would like to know more about the impact--specifically because of the location of this pro- ject (right at the railroad tracks, Hamilton/Bascom, and on-ramp of Highway 17) . If an EIR is the appropriate method to address these concerns, it was suggested that the Commission take action to require an EIR. Commissioner Howard noted that there have been several major EIR's done in this area recently, all of which would address the issues tinder discussion. -6- Commissioner Christ expressed a concern with the landscaping for this project, noting that because of the speed of the traffic along Hamilton Avenue, there - should not be any types of landscaping which might impact the line-of-sight. He felt there should be some setback of the landscaping. Ms. Ibrothy Shattuck, 391 California St., expressed her appreciation regarding the comments on the traffic mitigation measures, as well as the scale of the landscaping. She indicated she would like to see a warmer looking building on this site. N1r. Kee further explained the process used by Staff in determining if an EIR is to be required on a project, noting that in this instance the determination was made that no EIR would be required, and this determina- tion was filed with the County Clerk's Office. This filing allows for a 30-day appeal time; and, it is Staff's understanding that no appeal has been filed within the 30-days. Nf/S: Kasolas, Campos -That the Planning Commission require a full EIR to be prepared on this project an the basis of its location and the sensitivity of the surrounding area. I}iscussion of Motion Commissioner Howard reiterated that there have been several major EIR's pre- pared for this area recently. He noted that he could support a Focused EIR, focusing on specific problems of the area. Commissioner Howard further dis- cussed the methodology of preparing a full EIR. Commissioner Kasolas stated that one of the criticism's the Commission has received in the past is that decisions have been made without having sufficient information upon which to base those decisions. This area of the City is one of those sensitive areas which has caused past criticism. Commissioner Campos stated that he is supporting the motion in that he felt there is enough change in this area to rec{uire further study. He continued that the Commission should take every precaution to get the facts before wting. Oommissioner Campos noted that he would like to see information regarding the impact of this project in relation to other projects on Hamilton Avenue. Co~rnnissioner Christ stated that he would add his support for an EIR, only if it was specifically directed at traffic, in that he did not feel a full EIR was necessary. Commissioners Kasolas and Campos indicated they would be agreeable to Commissioner Christ's suggestion. Commissioner Christ suggested the motion be amended to require a Focused EIR, with a detailed traffic study with regard to the surrounding area. Vote an Notion Ni/S: Kasolas, Campos -That the Planning Commission require a Focused EIR, with emphasis on traffic with regard to the surround- ing area. Notion carried with the following roll call vote: -7- AYES:Commissioners: Kasolas, Perrine, Christ, Campos NOES: Commissioners: Howard, Dickson - ABSENT: Commissioners: Fairbanks Mr. Kee suggested that Public Works and Planning Staff meet with the City Attorney to make sure this requirement is allowable, and report back to the Commission at the next meeting. Commissioner Kasolas stated that the Commission should make the finding that additional information regarding the impact of traffic of this project and surrounding area projects is needed. Mr. Dave La.zerus expressed his concern in that this project has been continued on two other occasions in order that he could provide a traffic report. Now the Commission is asking for a Focused EIR addressing traffic. He continued that he .felt. the traffic report submitted has already addressed the issues, using the criteria provided with Staff's assistance. He requested the City Attorney give him direction. Mr. Lazerus stated that he believed the cwnula- tive effect has been addressed in the submitted traffic report, adding that it was difficult to address cumiulative effect when there are proposed. projects which may never be buult. Mr. Kee stated that his understanding of the Commission's direction, at this time, was the provision of information with regard to existing development along Hamilton Avenue, as well as possible future development, on the effects of the traffic on the surrounding development and the intersection of Hamilton/ Bascom (taking into account recently approved development--i.e. Spoons, Standard Oil, etc.). Mr. Helms noted that although this was a departure from past Focused EIR pro- cedure, Public Works Staff did not have a problem with it. Mr. Lazerus stated that he would like to have a decision this evening., in that he did not see how a continuaance would help make any progress. Chairman Dickson asked about the time frames on this application. Mr. Kee noted that at this point,. a continuance would need the concurrence of the applicant. The Commission recessed at 8:57 p.m.; the meeting reconvened at 9:10 p.m. Mr. Kee reported that, after a conference with the applicant, the applicant is in concurrence with a continuance to the meeting of August 14, 1984. M/S: Howard, Christ - That ZC 84-01 be continued to the Planning Commission meeting of August 14, 1984. Motion carried unanimously. ~~~ -8- PD 84-01 Continued public hearing to consider the application of DeMoss, F. Mr. Frank DeMoss,~~on behalf of Arista Properties, for a Planned Development Permit and approval of plans, ele- vations and development schedule to allow the construc- tion of an office building on property known as I16 E. Campbell Ave. in a PD (Planned Development/Commercial) Zoning District. Commissioner Howard reported that this item was considered by the Site and Archi- tectural Review Cvmni.ttee. The Committee is recomrending approval., subject to conditions indicated in the Staff Comment Sheet, as well as red-lining of the plans. Commissioner Kasolas noted that the lot coverage on this project was over 50%, and asked when the last time was that a project was approved with this much lot. coverage. Mr. Kee noted that the lot coverage normally depends on the area and the pro- ject. Situations that involve depressed parking provide for expansion of building coverage, in that underground parking involves a different relation- ship with the building/lot coverage. Commissioner Kasolas asked about the parking ratio for this project. Commissioner Howard added that provided landscaping will be 15~ or more for this project, whereas most projects have approximately 10~ landscaping. Chairman Dickson opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Frank DeMoss, applicant, appeared to answer any questions the Commission might have. M/S: I-bward, Perrine - That the public hearing on PD 84-01 be closed. Motion carried unanimously. M/S: Kasolas, Howard - That the Planning-Commission adopt RESOLUTION N0. 2278 recommending approval of PD 84-01, subject to conditions indicated an the Staff Comment Sheet, as well as red- lining of the plans. Motion carried by the following roll call wte: AYES: Commissioners: Kasolas, Perrine, Grist, Howard, Campos, Dickson NOES: Commissioners: None ABSENT: Commissioners: Fairbanks ~ ~ UP 84-09 Public hearing to consider the application of D'Ir. Juan Arias, J. I. Arias for approval of a Use Permit to allow a liquor license to permit on-sale beer and wine in an eating place located on property known as 1750 S. Winchester Blvd. in a C-2-S (General Commercial) Zoning District. -9- N~. Kee reported that the applicant has purchased the restaurant at 1750 S. _ Winchester Blvd. (previously Hot Dog Heaven) and is changing the name to Ricardo's Fast Food; and, is applying for a use permit to allow on-sale beer and wine to be consumed in the enclosed patio area. Staff is of the -- opinion that with the conditions, as indicated in the Staff Comment, the use should not be detrimental to the area or the City as a whole; and, therefore, approval is recommended. Chairman Dickson opened the public hearing and invited anyone in the audience to speak for or against this item. M/S: Kasolas, Howard - That the public hearing on UP 84-09 be closed. Motion carried unanimously. Discussion Commissioner Campos asked if the applicant was in concurrence with the con- ditions as set forth by the Police Department. Mr. Kee noted that he was not sure if the applicant was in agreement; however, it would be a mratter of the restrictions being conditions of approval. Commissioner Howard stated that this particular restaurant is really similar to a fast-food hamburger use, and he felt that this could lend itself to some major problems, in that the "patio only" restriction could be easily gotten around. He noted he would be voting against this item. Chairman Dickson stated that he would also be voting against this use, in that he did not think it could be demonstrated to be not harmful to the - commuiity; and, Chairman Dickson indicated his concern with the proliferation of on-sale permits in the City. Commissioner Kasolas stated that he did not feel it was up to the Commission to uphold the morals of the commmity; that the issue was whether or not a use permit should be granted; and, .that there are several other restaurant uses in the immediate area that sell alcohol. He Questioned what is determined to be "loud music", and indicated hope that the applicant would be responsible in this matter. Commissioner Howard noted that this application is actually different from others that have come before the Commission, in that this is a fast-food place. He continued that ~n approval for this use could set.~•a precedent for other fast-food restaurants to follow, which could become a real problem in the comarnmity. M/S: Kasolas, Howard - That the motion to close the public hearing be withdrawn, and the public hearing be re-opened, in order that the applicant might be heard. Motion carried unanimously. Mr. Juan Arias, applicant, noted that the restaurant is more a general type of restaurant, serving things other than hamburgers. M/S: Kasolas, Howard - That the public hearing on UP 84-09 be closed. Motion carried unanimously. -10- M/S: Ka.solas, Perrine - That the Planning Commission adopt a resolution recommending approval of UP 84-09, subject to conditions listed in the Staff Comment Sheet. Motion fails by the following roll call wte: AYES: Commissioners: Kasolas, Perrine, Campos NOES: Commissioners: Christ, Howard, Dickson ABSENT: Commissioners: Fairbanks Mr. Kee advised the applicant of the appeal procedure. ~~~ UP 84-10 Public hearing to consider the application of Mr. Roberts, D. Douglas Roberts, on behalf of M.J.M. Civil Engineers Inc., for approval of a use permit to allow the con- struction of a self-service gasoline station on pro- perty known as 1589 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District. Commissioner Howard reported that this item was considered by the Site and Archi- tectural Review Committee. The Committee is recommending a continuance to the meeting of August 14, 1984, in order that the applicant might address concerns expressed in the Staff Comment Sheet, as well as landscaping and the footprint of the project. Commissioner Kasolas noted that since this project is so close to one previously discussed on this evening's agenda, it would seem that the same concerns should apply. Chairman Ihckson asked if there had been any discussion regarding an EIR for this project. Mr. Kee indicated that Staff's position is that it was not necessary to have a full EIR on this project in that it is remaining a service station use, al- though it will be converted to a self-service station. Commissioner Kasolas stated that it appeared that this project would increase volume of use, making this station a high-volume unit, and he felt this pro- ject should be looked at in more detail. Chairman Dickson opened the public hearing and invited anyone in the audience to speak for or against this item. M/S: Christ, Howard - That UP 84-10 be continued to the Planning Commission meeting of August 14, 1984. Motion carried with a vote of S-1-1, with Commissioner Kasolas voting "no". ~~~ PD 84-02 Public hearing to consider the application of Mr. Williams, M. Marc Williams, on behalf of Design Analysis, for approval of a Planned Development Permit and approval of plans, elevations, and development schedule to allow the renovation of an existing retail, office and rest- aurant/bar complex as primarily a professional office com~hlex on property lmown as 300 Orchard City Dr. -11- (previously The Factory, 93 S. Central Ave.) in a PD (Planned Development/Commercial) Zoning District. Commissioner Howard reported that this item was considered by the Site and _ Architectural Review Committee. The Committee is recommending approval. Commissioner Howard added that the Committee feels that~.the project is wvrth- while and will greatly improve this area of the City. Condition C should read "...prior to issuance of a building permit, and within 60 days of Ctiy Council approval." Chairman Dickson opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Bob Bonnett, Design Analysis, appeared before the Commission to answer any questions. M/S: Campos, Howard - That the public hearing for PD 84-02 be closed. Motion carried unanimously. M/S: Campos, Ka.solas - That the Planning Commission adopt RESOLUTION N0. 2279 recomm~ding that the City Council approve PD 84-02, subject to conditions as indicated in the Staff Comment Sheet, as well as the change as indicated by the Site Committee in Condition C. Motion carried by the follow- ing roll call vote: AYES: Commissioners: Kasolas, Perrine, Christ, Howard, Campos, Dickson . NOES: Commissioners: None --- ABSENT: Commissioners: Fairbanks ~~~ MISCELLANEOUS SA 84-17 Continued referral of the application of Mr. Michael Soutas, M. Soutas for approval of afree-standing sign on property known as 151 N. First St., in a PD-H (Planned Develop- ment/Historic Overlay)Zoning District. Commissioner Howard reported that this item was before the Site and Architectural Review Committee. The Committee expressed a concern with the size of the sign. Although it is the standard "State Farm Insurance" sign, the Committee is of the opinion that it is not appropriate in this location in that the property is an historic landmark and in a residential neighborhood, and it is unsightly. The Committee is asking for a continuance or a denial. Commissioner Kasolas noted that he thought the Commission has not gone 24 sq. ft. in the City Hall area or on historic buildings. M/S: Kasolas, Perrine - That SA 84-17 be continued to the Planning Commission meeting of August 14, 1984 in order that the applicant might be present. Motion carried unanimously. -- ~~~ -12- SA 84-12 Continued sign application - Babe's Mufflers - Babe's Mufflers 60 E. Sunnyoaks Ave. - b4-I-S (Light Industrial) Zoning District. Nh'. Kee reported that Staff is recommending a continuance of this item in that the applicant has indicated he will have new information available for the next Commission meeting. A'I/S: Kasolas, Howard - That SA 84-12 be continued to the Planning Commission meeting of August 14, 1984. Notion carried unani- mously. ~** SA 84-39 Continued sign application - The Goldmine - 2270B The Goldmine S. Bascom Avenue. Commissioner Howard reported that this item was before the Site and Archi- tectural Review Committee. The Committee is requesting a continuance in order to clarify some information on the signage in front of the site, and it is necessary for Staff to research past records. The situation involves the free-standing sign for Linoleum Dick's, which is nonconform- ing and may be under the grandfather clause. M/S: Ka.solas, Perrine - That SA 84-39 be continued to the Planning Commission meeting of August 14, 1984. D~Iotion carried unanimously. - ~ ~ ~ SA 84-41 Referral of sign application of holiday Travel to Holiday Travel allow the erection of a wall sign on property known as 840 E. Campbell Ave. in a PD (Planned Development/Commercial) Zoning District. Commissioner Howard reported that this itan was before the Site and Archi- tectural Review Committee. The Committee is recorrg-iending approval, subject to conditions indicated in the Staff Comment Sheet. Commissioner Kasolas asked if this was an existing sign, in that there are several signs on this site already. Mr. Vern Burgess, Otsen Sign Co., explained that the existing sign will be replaced with the proposed. sign, and there will be no other signing for Holiday Travel on the building. N1/S: Howard, Perrine - That SA 84-4I be approved, subject to conditions as indicated in the Staff Comment Sheet. Motion carried unanimously. ~~~ Referral from Referral from the City Council regarding a draft of City Council a proposed ordinance regarding a Capital Improvement Construction Tax. NIr. Helms briefly reported on the draft ordinance, and noted that Staff is recommending approval. This draft has also been referred to the Chamber of Commerce and the Building Industry Association for comment. -13- Commissioner Kasolas asked if the Commission would have an opportunity to hear from businessmen and property owners who will be affected by this construction tax. Ms. Dorothy Shattuck, 391 California St., asked if it were possible to ascertain through the City Treasurer if such a tax was necessary to achieve the City's goals such as listed. Chairman Dickson noted that this query should be presented to the City Cowlcil . Commissioner Christ asked for clarification of "possible exemption" on page 2 of the draft. Mr. Helms explained that when Staff drafted this proposed amendment, it was thought that the Council might be interested in exempting the area within the Redevelopment Area to encourage development within this district. It is highlighted in the draft as a possibility only. Commissioner Kasolas asked how large the Redevelopment Area is, and if the Redevelopment Area wasn't the area where most of the construction would be going on; and, can the Redevelopment Agency improve collector streets outside its geographical boundary if it is going to cause develop- ment within it that is going to impact the surrounding comm~.mity. Mr. Helms responded that it is his understanding, from Mr. Steve Goldfarb (Redevelopment Agency attorney), that development within the area that impacts outside the area could be rec{uired to expend funds to mitigate those impacts. Commissioner Christ asked if exemptions would be on a case-by-case basis in the Redevelopment Area. Nh~. Helms indicated that as the draft is written, it would exempt all con- struction within the Redevelopment Area. Commissioner Christ noted that he would rather see this applicable on a case-by-case basis, rather than a total exemption, in that it does take in a large area and it would be inappropriate for a project that causes a considerable traffic impact to be exempted from this tax. M/S: Kasolas, Christ -That the Planning Commission find the proposed draft consistent with the General Plan. Motion carried unanimously. ~*~ Request - Mr. Request of Nh~. Francis Juliano, on behalf of Phoenix Francis Juliano Leasing, to use the building at 1625 W. Campbell Ave. to house, modify, store, rent, and/or sell medium to large computer systems in a C-1-S (Neighborhood/ Commercial) Zoning District. --- Mr. Stafford reviewed this request, noting that in Staff's opinion, the pro- posed use is not similar to the listed uses under the C-1-S District. It appears to be more of a warehouse/repair facility whnch probably would be more appropriate in an industrial zone. Staff is, therefore, recommending -14- that the Commiission determine that this use is not similar to the uses listed in the Neighborhood Commercial District. M/S: Perrine, Christ - That the Plam~.ing Commission determine that housing, .modifying, storing, renting and/or selling of medium to large computer systems is not a use similar to the uses listed in the Neighborhood Commercial District. Discussion Commissioner Kasolas asked what threat there would be to the C-1-S District if this use was allowed. Mr. Kee noted that this use would appear to open the door to a variety of uses in the C-I-S District. Mr. Kee recalled that at one time, Staff recommended that the zoning in this area be changed to C-2-S because bf the number of uses that seem to exceed what you would normally see in a Neighbor- hood Commercial area; however, the Planning Commission and the City Council did not change the zoning. Basically, this proposed use would be a more intense use than what would be allowed in a neighborhood use. Commissioner Kasolas indicated that he did not see where 5 employees and the moving of equipment would be a more intense use than a gas station, for example. If the reasoning is to encourage residential uses in a C-1-S area, then he would agree with Staff; however, if it is because of a threat or danger, he could not see it. Commissioner Kasolas asked Mr, Kee if this proposed use was considered more of an industrial use than a commercial use. Mr. Kee noted tha:s is essentially what Staff is indicating. Commissioner Howard noted that this use is almost like a warehouse, and he would imagine there would also be dangerous chemicals involved with the repair of the units. Ms. Dorothy Shattuck indicated she did not think this proposed use was any different from the previous ALCO use. Vote ~on Motion Motion for denial carried unanimously (6-0-1), ~r~~ OTHER ITIIvLS BROUGHT UP BY CCt~IISSION Commissioner Howard noted that he would like to make the Commission aware of a problem with 940 McGlincey Lane. The property owner was given a certain length of time to do necessary improvements as part of an approval, and the applicant is now asking to change the fence materials from masonry to wood in that there is a utility easement along the fence line that would prohibit any permanent type of construction. The Site Committee would recommend approval of the wood fence. The applicant must go back into court next month and must have all the improvements finished at that time. ~~~ Chairman Dickson noted .that this-was Commissioner Campos.' last meeting. The Commission thanked Commissioner Campos for his service to the community over the past 8 years. M/S: Kasolas, Howard - That the Planning Commission adopt a resolution commending Commissioner Campos for his service to the community. Motion carried unanimously, ~~~ AATOUWVMQVT M/S: Howard, Perrine - That the Planning Commission be adjourned. The meeting adjourned at 12:18 a.m. APPROVED: J. DutiVayne Dickson ~iairman ATTEST: Arthur A. Kee ecretary RECORDED:. Linda A. Dennis ecor i.ng ecretary