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PC Min 11/22/1983PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 P.M. MINUTES NOVEMBER 22, 1983 The Planning Commission of the City of Campbell convened this day in regular session at the regular meeting place, the Council Chambers of the City Hall, 75 N. Central Avenue, Campbell, California. ROLL CALL Present Commissioners: Kasolas, Campos, Meyer, Fairbanks (8:00 p.m.), Howard, Dickson; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, Acting City Attorney J. Robert Dempster, Recording Secretary Linda Dennis. Absent None. ELECTION OF ACTING CHAIRMAN It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that Commissioner Dickson chair the meeting, in that Commissioner Kotawski has been elected to the City Council, and Commissioner Fairbanks will be late to the meeting. Motion carried unanimously. APPROVAL OF MINUTES November 8, 1983 It was moved by Commissioner Meyer, and seconded by Commissioner Howard, that the Planning Commission approve the minutes of November 8, 1983 as submitted. Motion carried unanimously. COTT'IUNICATIONS Mr. Kee noted that communications received pertained to specific items on the agenda and would be considered at that time. ARCHITECT[JRAL APPROVALS rT~ 83-12 Continued application of Mr. Gary Polder, on behalf Zestron, Inc. of Zestron, Inc., for modification of an approved site plan to allow the addition of cargo storage containers on property known as 667 McGlincey Lane in an M-1-S (Light Industrial) Zoning District. Commissioner Howard reported that this item was considered by the Site and Architectural Review Committee this morning. The Committee is recommending denial without prejudice in that the containers are located in designated parking areas, and it is the belief of the Committee that containers should not be located in areas specifically designed for parking purposes. The Recording Secretary read a letter into the record from A4r. Gary Polder, dated November 16, 1983 (attached hereto). It was moved by Commissioner D4eyer, and seconded by Commissioner Howard, that the Planning Commission deny without prejudice MM 83-12. Motion carried unanimously (5-0-1). ~~~ -2- MM 83-15 Continued application of Mr. Michael Parrott, on behalf Accelerated Energy of Accelerated Energy Systems, Inc., for a modification Systems, Inc. to approved plans to allow the placement of solar col- lectors on the roof of Wesley Manor (1655 S. Winchester Blvd.) in a PD (Planned Development/High Density Resi- dential) Zoning District. ~Comissioner Howard reported that this item was before the Site and Architectural Revie<a Committee, and the Committee is recommending approval, subject to redlin- ing of plans and conditions of approval as listed in the Staff Report. Mr. Kee noted that Staff is recommending approval, subject to the conditions that the screening materials be submitted to the Site Committee and the Architectural Advisor prior to installation. Regarding the visual effect of the screening, Commissioner Howard indicated that the screening agreed upon was the only thing the Site Committee could find that will give the effect of a window element on top of the roof. It was moved by Commissioner Meyer, and seconded by Commissioner Howard, that the Planning Coirrtnission approve NM 83-15, subject to redlining of plans and conditions of approval as listed in the Staff Report (attached). Motion carried unanimously (5-0-1). ~ ~ ~ S 83-15 Application of Mr. Don Snider for approval of plans and - Snider, D. elevations to allow the construction of an industrial building on property known as 780 Camden Avenue in an M-1-S (Light Industrial) Zoning District. Commissioner Howard reported that this item was before the Site and Architectural Review Committee. The concerns expressed in the Staff Report were addressed by the applicant at this morning's meeting to the satisfaction of the Committee. He noted that there is some clarification necessary regarding the condition of the Fire Department regarding the trash enclosures. Additionally, there is a change in the conditions of approval recommended: "#1 Revised elevations.... to be approved by the Planning Director upon recommendation...". In response to questions regarding the landscaping of the site, Mr. Kee noted that the applicant will be retaining as many trees on the property as possible. Additionally, the landscaping will cover approximately 12% of the site, and will be located in the front of the building as well as in a portion of the street right-of-way. There will be a realignment of the street with the con- struction of this project, and this realignment will be indicated on the revised plans which are to come back to the Planning Director. Commissioner Fairbanks entered the Chambers at 8:00 p.m. It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the Planning Commission approve S 83-15, subject to conditions listed in the Staff Report as well as red-lining of plans. Motion carried unanimously (6-0-0). ~ ~ ~ -3- EIR 83-03 Continued public hearing to consider the Draft Environ- EquiReal Develop- mental Impact Report which has been prepared for the ment Corp. proposed research and development complex on property known as 535 Westchester Drive (Winchester Drive-In) in an M-1-S (Light Industrial) Zoning District. Acting City Attorney Brian Duckworth stated to the Commission that a problem has arisen with hearing this matter this evening. The Fair Political Practices Commission has determined that any Commissioner receiving a gift in'excess of $250 must disqualify himself from hearing any matter pertaining to the donor of such a gift. Additionally, a determination has been made that the movie asses sent to the Commission from Syufy Enterprises is valued at approximately 2,000. Mr. Duckworth asked if any Commissioner had returned this pass within 30 days of receipt, or if anyone had donated the pass to a charitable organi- zation. In that the response to these questions was negative, Mr. Duckworth advised the Commissioners to disqualify themselves on a possible conflict of interest, and to then draw straws in order to form a quorum to hear this item. Chairman Dickson stated that past instructions to the Commission from the City Attorney indicated the passes were to be valued at approximately $50. Addi- tionally, there have been no instructions to return the passes, and he has thrown his away. Commissioner Dickson stated that he did not feel he had a conflict of interest. Commissioner Kasolas stated that his understanding of the conflicts of interest law is basically aself-disclosure statement that Commissioners are required to _ complete, and that the Commissioners are the ones who are to place a value on an item, and they are the one who must disqualify themselves. Commissioner Kasolas stated that he found it very unusual that this problem should come up at a time when the Commission is on the verge of considering such a large project. Commissioner Kasolas added that he sees the applicant as EquiReal Development Corp., and it is his understanding that EquiReal is the owner of the site. Commissioner Howard stated that he felt the Commission i;s being put into a "Catch-22" situation, in that they were not told the maximum value of these passes, nor were they informed that they must return them in 30 days. Commissioner Howard stated that he would disqualify himself, although he doubted that his family went to the movies more than once a year. Commissioner Campos stated that he did not feel a project should be decided with the drawing of straws, especially because of a matter that has not been adjudicated. Additionally, he objected to the short notice given on this matter. Commissioner Campos noted that he has not even seen his pass, and did not even know if it has been received. Commissioner Campos noted that he would disqualify himself; however, he was opposed to doing this because of the principle involved. Commissioner Meyer stated that she felt the Cor~nission should have been made aware that the passes were to be returned within 30 days. She felt that the Commission has not been informed enough on this issue. -4- City Manager Ed Schilling stated that this issue has only recently come to light, and that is the reason for the short notice to the Commission. - Chairman Dickson called a recess at 8:28 p.m.; the meeting reconvened at 8:40 p,m. Commissioner Kasolas declared a conflict of interest on EIR 83-03 based upon counsel's advice, noting that he totally disagreed with this advice in that he felt he has been in compliance with the law and the latest FPPC bulletins and disclosure statements. Commissioner Campos declared a conflict of interest on EIR 83-03, noting that he is making this statement following the recommendation of counsel. He added that he felt that he has been in compliance with the FPPC following the recommendations of the City Clerk in this matter. Commissioner Campos noted that he has never used this pass, has never placed a value on it, and he did not feel that he should be penalized in voting on a multi-million dollar project based upon something that has not been adjudicated. Commissioner Meyer declared a conflict of interest based on the advice of the City Attorney, Commissioner Howard declared a conflict of interest, noting that he has not used this pass but since it is deemed a conflict he would so declare. Commissioner Fairbanks stated that she had no comments, noting that she did not see a need to comment on a disqualification in that it is her understand- - ing, based upon the City Attorney's advice, that she is automatically dis- qualified. She asked Mr. Duckworth if, by not doing anything, she would participate in the drawing of straws for the quorum. Mr. Duckworth stated that he can only give advice to the Commission, advising them that they are in conflict; however, he does not have the power to dis- qualify a commissioner or councilman. He continued that by not disqualifying herself, Commissioner Fairbanks would be sitting on the Commission as if nothing has happened, and she will not be required to participate in the drawing of straws. Chairman Dickson declared a conflict of interest based on the City Attorney's opinion. Having completed the actions of disqualifying themselves, the Commission no longer has a quorum and it is necessary that a decision-making body be re- formed to carry out the responsibilities of the Commission. Straws were presented to the Commission, with Commissioner Dickson noting that it was necessary to have four commissioners for a quorwn. The quorum consisted of Commissioners Meyer, Howard, Fairbanks, and Dickson. Commissioners Campos and Kasolas left the Chambers. EIR 83-03 Continued public hearing to consider the Draft Environ- EquiReal Develop- mental Impact Report which has been prepared for the ment Corp. proposed research and development complex on property known as 535 Westchester Drive (Winchester Drive-In) in an M-1-S (Light Industrial) Zoning District. -5- Mr. Kee reviewed the EIR, and reported that Staff is recommending a continuance of this item to the meeting of January 10, 1984 with the applicant's concurrence. If the applicant is not in concurrence with this recommendation for continuance, Staff would recommend that the Commission certify the EIR as sufficient infor- - mation upon which to base a decision for this proposal, and Staff would then recommend a denial of the project. Mr. Kee noted that Staff is also recommend- ing that this item be forwarded to the City Council when the Commission has made a decision. Chairman Dickson opened the public hearing-and invited anyone in the audience to speak for or against this item. Nir. Albert Ruffo, attorney representing the applicant, stated that the applicant is not in favor of a continuance because it would be very expensive. Addition- ally, the continuance is recommended for the purpose of amending the EIR to provide information regarding traffic impact with the reduction of project size. The project cannot be economically feasible with a reduction in size. Of the three recommendations indicated in the Staff Report, the applicant is recommending the third--':'.That the Planning Commission forward any action for denial or approval to the City Council." Mr. Mark Disbrow, applicant, reviewed the EIR indicating the beneficial situations that would be created with the development of this project: catalyst for redevelopment of surrounding underutilized and unsightly properties; off-setting of the existing jobs/housing balance at this end of the County; the shortening of commute time for area residents, thereby improving air quality, lessening noise pollution and air pollu- tion, and minimizing regional traffic congestion. Nir. Disbrow noted that a reduction in size of the development makes the project economically unfeasible in that the current cost is $45 per sq.ft. With a reduction in size of 14.30, the cost would become $72 per sq.ft.; and, with a re- duction of 28.60, the cost would become $157 per sq.ft. NIr. Kee noted that Staff is not recommending a reduction in size of the project, but is recommending a study be done of what the impact might be in terms of project reduction as it pertains to on-site circulation as well as off-site traffic. Mr. Ruffo stated that he felt the EIR addresses this project, and it is up to the Commission to decide if the project affects the environ- ment. He felt that the Commission did not have the right to deny this project or continue it until they got three other reports. He stated that the applicant has answered all the mitigating factors. No one else wishing to speak, it was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the public hearing be closed. Notion carried unanimously. RESOLUTION N0. 2238 It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the Planning Commission adopt Resolution No. 2238 certifying the focused Environmental Impact Report for this project as being complete and sufficient information upon _ which to recommend denial of the application as proposed. Notion carried with the following roll call vote: -6- AYES: Commissioners: Meyer, Howard, Dickson NOES: Commissioners: Fairbanks ABSENT: Commissioners: Kasolas, Campos It was moved by Commissioner Meyer, and seconded by Commissioner Howard, that EIR 83-03 be forwarded to the City Council with the Planning Commis- sion recommendation. Notion carried unanimously. ~~~ ARCHTTECTURAL APPROVALS S 83-13 Continued application of NIr. Dark Disbrow, on behalf EquiReal Develop- of EquiReal Development Corp., for approval of plans ment Corp. and elevations to allow the construction of a research and development complex on property known as 535 West- chester Drive (Winchester Drive-In) in an M-1-S (Light Industrial) Zoning District. Commissioner Howard reported that this item was before the Site and Archi- tectural Review Committee, and the Committee is recommending denial due to traffic problems, on-site circulation, and building design. NIr. Kee stated that Staff is of the opinion that the proposed use is con- sistent with the zoning and General Plan for this area; however, the in- ---- tensity of this project, as proposed, results in increased traffic con- gestion which apparently cannot be mitigated satisfactorily with the improvements proposed at this time. It is Staff's opinion that a reduction of the project's intensity would help solve the on-site congestion at the entrance to the site. Mr. Ruffo stated that, in view of the decision made on the EIR, it seems futile to offer further comments. It was moved by Commissioner Meyer, and seconded by Commissioner Howard, that S 83-13 be denied. Notion carried with~the following roll call vote: AYES: Commissioners: Meyer, Howard, Fairbanks, Dickson NOES: Commissioners: None ABSENT: Commissioners: Kasolas, Campos It was moved by Commissioner Meyer, and seconded by Commissioner Howard, that this item be forwarded to the City Council with the Planning Commission re- commendation. Motion carried unanimously. ~~~ The meeting was recessed at 9:15 p.m.; the meeting reconvened at 9:25 p.m. - ~ ~ ~ -7- At this time, Commissioner Fairbanks assumed the Chair, and the Commission returned to its full membership of six. PUBLIC HEARINGS ZC 83-10 Continued public hearing to consider the application Dodge, R. of Robert and Dorothy Dodge for a zone change from PO (Professional Office) to PD (Planned Development) and approval of plans, elevations, and development schedule to allow the construction of an office building on property known as 100 E. Hamilton Avenue. Commissioner Howard reported that this item was considered by the Site and Architectural Review Committee, and the Committee is recommending approval. Ntr. Kee noted that the applicant has addressed all the concerns indicated in the Staff Report, and that Staff, as well as the Architectural Advisor, is recommending approval. Chairman Fairbanks asked what the lot coverage is for this project. Nfr. Kee indicated that lot coverage is approximately 380 of the lot, which has been reduced down from 470. Additionally, there is parking located beneath the building. Commissioner Dickson noted that the applicant should be complimented on his response to the concerns for this building. Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak, it was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the public hearing be closed. Motion carried unanimously. RESOLUTION N0. 2239 It was moved by Commissioner Meyer, and seconded by RESOLUTION NO. 2240 Commissioner Howard, that the Planning Commission adopt Resolution Nos. 2239 and 2240 recommending approval of ZC 83-10, subject to conditions listed in the Staff Comment Sheet. Motion carried with the following roll call vote: Discussion on Notion Commissioner Fairbanks stated that she would be voting 'ho" on this project because even though the adjacent property is zoned P-0, it is currently a single family house and she believes this project is not totally concerned with the single family property. Vote on Notion AYES: Commissioners: Kasolas, Campos, Meyer, Howard, Dickson NOES: Commissioners: Fairbanks ABSENT: Commissioners: None ~ ~ ~ -8- UP 83-14 Public hearing to consider the application of Mr. Le, T. Thomas Le for a use permit to allow on-sale beer and wine in a building previously approved as a restaurant on property known as 1651 j9. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Mr. Kee reported that Staff is recommending approval of this application, subject to conditions listed in the Staff Comment Sheet, noting that although there was anon-sale beer/wine use on this site several years ago, the property has been vacant for over a year thereby requiring a new use permit. Chairman Fairbanks noted that the surrounding residential area had ex- pressed traffic problems from the former restaurant use, and she asked if this particular use might have the same effect. NIr. Kee responded that if there are any complaints made, Staff would contact the management, and Staff has received good cooperation previously. Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak for or against this ite9n. No one wishing to speak, it was moved by Commissioner Meyer, and seconded by Commissioner Howard, that the public hearing be closed. Motion carried unanimously. RESOLUTION N0. 2241 It was moved by Commissioner Kasolas, and seconded by Commissioner Howard, that the Planning Commission adopt Resolution No. 2241 approving UP 83-14, subject to con- ditions listed in the Staff Comment Sheet. Motion carried with the following roll call vote: Discussion of Notion Commissioner Dickson stated that he would be opposing the motion in that he did not believe this type of use satisfies the criteria for health, safety, peace, morals, etc. necessary in granting a use permit. Vote on Nl~tion AYES: Commissioners: Kasolas, Campos, Meyer, Howard, Fairbanks NOES: Commissioners: Dickson ABSENT: Commissioners: None ~ ~ ~ UP 83-15 Public hearing to consider the application of N1s. Dora Leonti, D. Nfae Leonti for a use permit to allow the establishment of a day care center and pre-school in an existing school building on property known as 1300 Sheffield Avenue (Dover School) in a PF (Public Facilities) Zoning District. -9- Ntr. Kee reported that Staff is recommending approval of this application, subject to conditions listed in the Staff Comment Sheet. Chairman Fairbanks asked about the licensing procedures for a day care center. NIr. Kee noted that it is his understanding that the Fire Department re- quires proof of state licensing prior to releasing the paperwork for opening the center. Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak for or against this item. NLs. Dora Leonti, applicant, further explained the licensing procedure. No one else wishing to speak, it was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that the public hearing be closed. Notion carried unanimously. RESOLUTION N0. 2242 It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that the Planning Commission adopt Resolution No. 2242 approving UP 83-15, subject to conditions listed in the Staff Comment Sheet. Notion carried with the following roll call vote: AYES: Commissioners: Kasolas, Campos, Meyer, Howard, Dickson, Fairbanks NOES: Commissioners: None ABSENT: Commissioners: None ~ ~ ~ UP 83-16 Public hearing to consider the application of Nfr. Willnauer, S. Sigmar Willnauer for a use permit to allow a design studio in an existing school classroom on property known as 480 E. Hamilton Avenue (Hamilton School) in a PF (Public Facilities) Zoning District. NIr. Kee reported that Staff is reconunending approval of this application as presented, in the Staff is of the opinion that the proposed use is consistent with the semi-public character of this zoning district, and that the proposed use as a design studio is very similar to the drafting room use previously existing on the site. Commissioner Howard asked if this is a commercial operation, or a con- struction type of operation. NIr. Kee noted that he believed it was a commercial type of-use, and drew the analogy of the shop rooms at the high school being used, to some ex- tent, for a commercial use. Commissioner Campos asked if approval of the use permit would restrict the applicant to the operation that is outlined in his statement; and, would there by any furniture moving on a large kale. -10- N1r. Kee responded that Staff would use the applicant's statement as the interpretation of the use, and if there were any changes from this, the ---- use permit would be presented to the Commission for review. Commissioner Campos noted that his concern was that he did not want to see a small scale furniture store on this site. Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak, it was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the public hearing be closed. Notion carried unanimously. RESOLUTION N0. 2243 It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the Planning Commission adopt Resolution No. 2243 approving UP 83-16 as presented. Notion carried with the following roll call vote: AYES: Commissioners: Kasolas, Campos, Meyer, Howard, Dickson, Fairbanks NOES: Commissioners: None ABSENT: Commissioners: None ~~~ -- GP 83-09 Continued public hearing to consider possible City- City-initiated initiated text amendments to the Housing Element of the General Plan. NIr. Kee reported that Staff is recommending a continuance of this item to the meeting of January 10, 1984 in order to provide additional time for the State Department of Housing and Commmity Development to review and comment on re- visions to the Draft Housing Element. Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak at this time, it was moved by Commissioner Howard, and seconded by Commissioner Dickson, that GP 83-09 be continued to the meeting of January 10, 1984. Motion carried unanimously. ~~~ GP 83-11 Continued public hearing to consider City-initiated City-initiated amendments to the Land Use Element of the General Plan for the San Tomas Area. NIr. Kee reviewed this item, noting that the purpose is to make the General _ Plan consistent with the Zoning recently adopted by the City Council for this area. -11- Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak .for or against this item. No one wishing to speak, it was moved by Commissioner A4eyer, and seconded by Commissioner Howard, that the public hearing be closed. Notion carried unanimously. Discussion Area 1 RESOLUTION N0. 2245 It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the Planning Commission adopt Resolution No. 2245 recommending that the City Council change the General Plan to Low Density Residential (less than 4.5 units per gross acre) for Discussion Area 1. Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Campos, Meyer, Howard, Dickson, Fairbanks NOES: Commissioners: None ABSENT: Commissioners: None Discussion Area 2 It was moved by Commissioner Campos, and seconded by Commissioner Meyer, that the Planning Commission adopt a resolution recommending that the City Council change the General Plan to Low Density Residential (less than 6 units per gross acre) for Discussion Area 2. Discussion of Notion Commissioner Kasolas stated that he would be speaking against this motion because he felt it would result in inverse condemnation because the sur- rounding area is zoned for higher densities. Commissioner Dickson stated that he is also opposed to this recommendation because he felt the neighborhood wanted a lesser density. He felt the density should be left at the current zoning of R-1-8, less than 4.5 units per gross acre. Vote on Notion AYES: Commissioners: Campos, Meyer NOES: Commissioners: Kasolas, Howard, Dickson, Fairbanks ABSENT: Commissioners: None Notion It was moved by Commissioner Dickson, and seconded by Commissioner Howard, that the Planning Commission adopt a resolution recommending that the City Council consider R-1-8 (less than 4.5 units per gross acre) zoning to be in conformance with the General Plan. Motion fails with the following roll call vote: -12- AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Discussion Area 3 Howard, Dickson, Fairbanks Kasolas, Campos, Meyer None It was moved by Commissioner Dickson, and seconded by ;Commissioner i~teyer, that the Planning Commission adopt a resolution recommending that the City Council change the General Plan to Low Density Residential, less than 6 units per gross acre, for Discussion Area 3. Discussion of N~ition Commissioner Howard stated that he felt a minimum lot size of 6,000 sq.ft. was too low for this area, and he would be willing to vote for an 8,000 sq.ft. minimum lot size. Commissioner Dickson indicated that, as he recalled, there was no neighbor- hood participation towards lower densities in this area. He is therefore recommending the 6,000 sq.ft. minimum lot size. Commissioner Kasolas noted that it is his belief that the neighborhood in this area has indicated to the Commission at public hearings that they are attempting to revitalize this area, but all applications have been denied on the basis of densities. He continued that he cannot support the pro- posed 6,000 sq.ft. minimum lot size, and felt that this area could be for economical housing. Vote on Motion AYES: Commissioners: Campos, Meyer, Dickson NOES: Commissioners: Kasolas, Howard, Fairbanks ABSENT: Commissioners: None Motion fails. No new motion was made. Discussion Area 4 It was moved by Commissioner Dickson, and seconded by Commissioner Meyer, that the Planning Commission adopt a resolution recommending that the City Council change the General Plan to Low Density Residential, less than 6 units per gross acre, for Discussion Area 4. Discussion of Motion Commissioner Kasolas noted that he would be speaking against this motion, specifically because of the corner of Crockett ~ Westmont, and he felt that by adopting this density the neighborhood is relegated to what is existing in this area. Vote on Motion -13- AYES: Commissioners: Meyer, Dickson NOES: Commissioners: Kasolas, Campos, Howard, Fairbanks ABSENT: Commissioners: None No new motion was made. Discussion Area 5 It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the Planning Commission adopt a resolution recommending that the City Council change the General Plan to Low Density Residential, less than 4.5 units per gross acre, for Discussion Area 5. Discussion of Motion Commissioner Dickson noted his opposition to the motion because he felt that neighborhood participation at past public hearings indicated that the zoning be for lesser densities. Vote on Motion AYES: Commissioners: Meyer, Howard NOES: Commissioners: Kasolas, Campos, Dickson, Fairbanks ABSENT: Commissioners: None Motion It was moved by Commissioner Dickson, and seconded by Commissioner Campos, that the Planning Commission adopt a resolution recommending that the City Council change the General Plan to Low Density Residential, less than 3.5 units per gross acre, for Discussion Area. 5. Vote on Notion AYES: Commissioners: Campos, Dickson, Fairbanks NOES: Commissioners: Kasolas, Meyer, Howard ABSENT: Commissioners: None Dbtion fails. No new motion is made. Discussion Area 6 It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the Planning Commission adopt a resolution recommending that the City Council change the General Plan to Low Density Residential, less than 4.5 units per gross acre, for Discussion Area 6. Vote on Mot ion AYES: Commissioners: Meyer, Howard NOES: Commissioners: Kasolas, Campos, Dickson, Fairbanks ABSENT: Commissioners: None No new motion is made. ~~~ -14- UP 83-13 Continued public hearing to consider the application of Wheeler, D. Mr. Damon Wheeler, on behalf of Mark Barton, Inc., for __ a use permit to allow a muffler shop in the service bays of an existing service station, and approval of plans to add a metal storage building on property known as 1387 Camden Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Nfr. Kee reported that Staff is recommending a denial without prejudice on this application in order that it be removed from the agenda, at the applicant's request. Chairman Fairbanks opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak, it was moved by Commissioner Dickson, and ;seconded by Commissioner Meyer, that the public hearing be closed. Motion carried unani- mously. RESOLUTION N0. 2244 It was moved by Commissioner Howard, and seconded by Commissioner Dickson, that the Planning Commission adopt Resolution No. 2244 denying without prejudice UP 83-13. Notion carried with the following roll call vote: AYES: Commissioners: Kasolas, Campos, Meyer, Howard, Dickson, Fairbanks NOES: Commissioners: None ABSENT: Commissioners: None -- ~ ~ ~ MISCELLANEOUS Referral Referral from City Council regarding Nbbilehome Park Conversion Ordinance . NIs. Marcia Kaplan, Housing and Community Development Coordinator, reviewed this proposed ordinance for the Commission. Commissioner Kasolas noted the following concerns with the proposal of such an ordinance: the ordinance could mean that a business owner does not have the right to go out of business; if an ordinance of this nature were to be adopted, would it just be applicable to mobilehome parks, or is it going to be used on other businesses in the future?; and, because of the limited number of mobilehome parks in the City, are we singling these parks out for special litigation. Nfr. Duckworth indicated that the City does take some precautions in regula- ting any business within the City. This ordinance is simply a matter of degree--how much can a city regulate a business. Whether or not the bounds have been over-stepped caruzot be determined until it has been decided in a court of law. Commissioner Kasolas felt that it may be a false promise to people if it is to be over-turned in the courts. The charge of city government is to re- commend something that will stand up to time. Commissioner Kasolas continued that he is concerned with legislation like this which is currently subject to -15- review of the courts, and when two properties are singled out and told they cannot go out of business. Ms. Kaplan noted that this ordinance specifically addresses mobilehome parks, in that state law recognizes rrobilehome parks as a special entity needing special legislation. Commissioner Howard asked ghat constitutes a_mobilehome park? Is a--.comm~ercially zoned parcel that has mobilehomes on it considered a mobilehome park? Ms. Kaplan responded that if that property has mobilehomes on it, it is considered a mobilehome park. Commissioner Campos asked about the section of the ordinance referring to the purchase value of a coach. Ms. Kaplan noted that the value of the improvements made to the park would be attributed to the value of the coach. The City of Carson left this subject at an "either/or" situation. Campbell felt that this should be clarified and felt it best to go on the value of the coach, and not on the improvements to the park which belongs to the property owner. In res- ponse to other questions of the Commission, Dos. Kaplan noted that there could be more definitive conditions for the establishing of a trust fiord, if the Commission so desired; the three-year time frame is indicated in order to have enough time to complete the process; and, the City of Carson's ordinance has been >n effect since 1982. Chairman Fairbanks made the following comments on the proposed ordinance: Page 2, #12 -- this does not really relate to conversion, in that the pro- perty owner may just wish to sell out-right to someone else, especially if the use is continued and there is no impact on the people residing in the park. Page 2, Section 21.47.040 wider Planning Commission findings -- Chairman Fairbanks felt that this is the responsibility of the City Council (#2); #3 -- appears that the Commission is to be looking at a CIR, not getting into whether they are mitigating. .Page 3, Paragraph 1-- should be based on the bedrooms that are in the coach, in that she felt a household with lots of people should not gain. Page 3, Paragraph 3 -- may not be possible. Under the "Revocation" section, Chairman Fairbanks felt that the report and actions should be kept separate, even though the CIR becomes the conditions. How would an attrition-type of situation be addressed wherein the owners no longer allow people to move into the park and thereby allow the park to just go away? Is there any need to address a mobilehome park that is not being used as a mobile- home park? Ms. Kaplan indicated that this ordinance would apply to everyone living in the park at the time of the application for a change in use. Commissioner Howard noted his concern that the ordinance is, in some cases, too vague; and, in other areas, it puts the Planning Commission into an area that is not it's responsibility to control. Commissioner Howard con- cluded that, as the ordinance now stands, he would not recommend its adoption. -16- Chairman Fairbanks stated that the Commission would like to have these comments forwarded to the City Council. Mr. Charles Williamson, 8 Circle Drive, stated that it was his understanding that a public hearing would be held at the Commission level before this item was returned to the City Council. He requested that a public hearing be held in December. City Manager Schilling noted that the Council had hoped that the Planning Commission would be a forum for this concern. Mr. Jules Perleman, 1901 S. Bascom Ave., representing the owners of the Paseo de Palomas Nbbilehome Park noted that the residents of this park have entered into a contract to purchase the park, and in the event that this proposal is successful they will no longer have a need for such an ordinance. He spoke for a continuance of the matter. Mr. Ted A'~zller, representing the homeowners at Paseo de Palomas, spoke for a continuance of this matter to the January meeting. It was moved by Commissioner Campos, and seconded by Commissioner Meyer, that this referral be continued to the Planning Commission meeting of January 24, 1984. Motion carried unanimously. ~ ~ ~ ZC 83-09 Referral from the City Council regarding zone change -- B/JFaA Development application on property known as 44 ~ 56 Sunnyside Avenue. Mr. Kee stated that Staff is recommending continuance of this item to the meeting of December 13, 1983. It was moved by Commissioner Dickson, and seconded by Commissioner Meyer, that ZC 83-09 be continued to the meeting of December 13, 1983. Motion carried unanimously. ~ * ~ SA 83-48 Signing request - 1651 W. Campbell Avenue - Mr. Thomas Le, T. Le - C-1-S (Neighborhood Commercial) Zoning District. Commissioner Howard reported that the Site and Architectural Review Committee is recommending approval of this application. It was moved by Commissioner Dickson, and seconded by Commissioner Meyer, that SA 83-48 be approved. Motion carried unanimously. ~~~ Staff Report Staff report regarding Checklist for Applications. It was the consensus of the Commission that this report be acknowledged and filed. ~~~ -17- Referral Referral for information only from the Historic Preservation Board regarding 51 E. Campbell Avenue. It was the consensus of the Commission that this referral be acknowledged and filed. ~ ~ OTHER ITII~'LS BROUQ-iT UP BY COMMISSION Staff report needed to the Commission regarding the location of trash enclosures as recommended by the Fire Department. Corrnnissioner Dickson noted that he would like to have a letter from the City Attorney regarding the approach to be taken on the Syufy Theatre passes. ADJOURIVNID~IT It was moved by Commissioner Meyer, and seconded by Commissioner Dickson, that the meeting be adjourned. The meeting adjourned at 11:20 p.m. APPROVED: JoAnn Fairbanks airman ATTEST: Arthur A. Kee Secretary