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PC Min 09/27/1983PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 P. M. MINUTES SEPTEMBER 2 7, 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: Fairbanks, Howard, Dickson, Kotowski; Planning Director Arthur A. Kee, Principal Planner Phil Stafford, Engineering Dlanager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Linda Dennis. Absent Commissioners: Kasolas, Campos, Meyer. APPROVAL OF MINUTES September 13, 1983 It was moved by Commissioner Howard, and seconded by Commissioner Fairbanks, that the Planning Commission approve the minutes of September 13, 1983 as submitted. I~btion carried unanimously (4-0-3). ~ ~ ~ CONSINT CALENDAR TS 83-07 Tentative Subdivision Map: Lands of New Almaden Develop- Lands of New ment Co., APN 279-37-42 ~ 43 (107-119 E. Latimer Avenue). Almaden Dev. It was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that the Planning Commission find the proposed map in accord with the General Plan, and recommend that the City Council approve this tentative map, subject to attached conditions. Motion carried with a vote of 3-1-3, with Corunissioner Dickson voting "no". ~ ~ ~ TS 83-08 Tentative Subdivision Map: Lands of Union Bank Lands of Union APN 413-68-002 (962 Apricot Avenue), Nelson/Moles Bank Development Co. It was moved by Corrunissioner Fairbanks, and seconded by Commissioner Howard, that the Planning Commission find the proposed map in accord with the General Plan, and recommend that the City Council approve this tentative map, subject to attached conditions. Motion carried with a voto of 3-1-3, with Commissioner Dickson voting "no". ~~~ -2- ARCHITECT[1RAL APPROVALS S 83-12 Continued application of Par Concrete for approval of Par Concrete plans and elevations to allow the construction of an office addition to an existing industrial building on property known as 615 McGlincey Lane in a M-1-S (Light Industrial) Zoning District. Commissioner Fairbanks reported that this application was considered by the Site and Architectural Review Committee this morning. The Committee is recommending approval subject to the addition of a condition that the relocation of pumps be in accord with the Fire Department's stipulations. It was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that the Planning Commission approve S 83-12, subject to conditions listed in the Staff Comment Sheet, as well as the addition of a condition that the re- location of pumps be in accord with the Fire Department's stipulations. Notion carried unanimously (4-0-3) . ~ ~ ~ PUBLIC HEARINGS GP 83-10 Public hearing to consider the application of Nh~. Richard Southbay Nlerwin, on behalf of Southbay Construction and Develop- Construction meet Co., to amend the Land Use Element of the General Plan from Low Density Residential to Commercial on the easterly portion of properties lmown as 1252 & 1274 Walnut Drive. Ntr. Stafford reviewed this proposal for the Commission, stating that Staff is of the opinion that a commercial designation could be appropriate in this area, if proper access is provided to the Winchester frontage from the area under consideration. However, as presented, the only access to this area is by the Walnut Drive frontage, across a residentially designated portion of these pro- perties. Staff would not consider the orientation of, and the access to, a commercial use appropriate from the Walnut Drive street frontage, consequently, Staff is recommending denial of this request as presented, or a continuance. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Rollins K. Cushman, 1274 Walnut Drive, spoke in fawr of this proposal, Commissioner Fairbanks asked what size the newly created lots would be, and if these lots would be in conformance with the recent zoning enacted for the San Toraas Area. b1r. Kee noted that if and when access could be gained for the subject properties, and the new lots created, the lots would be in conformance with the minimum lot size specified for this area. NIr. William Meyer, spokesman for Mr. Cushman, noted that the existing homes are close to Walnut Drive and will not be demolished. - 3- Dlr. Richard Merwin, applicant, stated that his company's interest in the properties is predicated solely upon purchasing the property facing Win- chester Blvd. that currently belongs to the water district. He noted his concurrence with Staff's recommendation for a continuance, and requested the continuace for sixty days because this would correspond with the time of the public bid for the property. Dir. Bruce Reid, 1509 Walnut Drive, stated that any access onto Walnut Drive of a commercial use would be totally unacceptable to the neighborhood. He added that the neighborhood did not wish to see a large cinder block wall running the length of these properties, nor did they wish to have any two or three story commercial developments. Nms. Pat Woodstock, 970 Old Orchard Road, asked if this area was within the San Tomas Area, and noted that this type of subdividing was what all the hearings on the area have been about. Mr. Pat Gordon, resident of the condominium development adjacent to the sub- ject property, spoke against any two or three story commercial development. No one else wishing to speak, it was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that GP 83-10 be continued to the Planning Commission meeting of November 8, 1983. Motion carried unanimously (4-0-3). ~ ~ ~ PD 83-05 Public hearing to consider the application of Mr. R. L. Crocker Dale Drurrun, on behalf of R. L. Crocker, Inc., for a Planned Development Permit and approval of plans, elevations, and development schedule to allow the construction of a mini-storage warehouse on pro- . perty known as 241 W. Sunnyoaks Avenue in a PD (Planned Development/Office, Commercial, or Industrial) Zoning District. Commissioner Fairbanks reported that this item was considered by the Site and Architectural Review Committee, and the Committee is recommending denial. However, should the Commission adopt a resolution recommending approval of this item to the Council, the Committee would like to add the condition that complete elevations and floor plans come back to the Site and Architectural Review Committee within 30 days. The reasoning for the addition of this condition is that the Committee feels that the number of individual units which is contained in the proposed 32,000 sq.ft. will have a definite bearing on t}ie parking layout of the site. Dlr. Dempster noted that the Commission may wish to ask the applicant if he would like a continuance, since there are only four Commissioners present. Commissioner Dickson noted that the Site Committee did not have complete plans for review this morning, and that is the reason for the added condition. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Dale Drumm, applicant, reviewed the project, noting that the total height of the structure is 18'6" and the square footage has been reduced to 37,680. -4- Nir. Drumm continued that he has tried working closely with Staff and with the neighbors, and he did not know where else to go with the project unless it was directly to the public for a vote. The proposal provides maximum privacy for the residents, a sound barrier, and is not any higher than some of the two story homes in the neighborhood. A letter from Cal-Trans is included in the Commission's packet which states that they have no intention of reconstructing the off-ramp next to the property (attached hereto). He concluded that he feels his company has taken the concerns of the neighborhood into account and fias been sensitive to their needs and wishes--however, it is difficult to satisfy all the people. Chairman Kotowski noted that a report regarding traffic generation from R. L. Crocker, Inc. indicates an average of 10-20 trips per day; however, in the report from Nolte ~ Associates, the average trips per day is indicated as 92. He asked Mr. Drumm about the discrepancy. Mr. Drumm noted that Nolte ~ Associates had been solicited to provide the report for the City; however, the analogy provided by R. L. Crocker, Inc. was based on their experiences as owner and managers of mini-storage facilities. Chairman TCotowski asked Mr. Drumm how much higher this building would be in comparison to other structures in the immediate area. t~ir. Drumm responded that this structure would roughly be at the same height as some of the existing structures in the area, in that there are several two-story homes in the neighborhood. Mrs. Pat Woodstock, 970 Old Orchard Road, questioned the negative declaration which was prepared by Staff for this project. Mr. Kee explained the procedure in preparing a negative declaration, noting that either a negative declaration or an EIR is required for each application. In this instance, Staff asked for a traffic report prior to publishing the negative declaration. The publishing of a negative declaration is a matter of procedure. Mrs. Woodstock asked who would be held responsible in the even of an accident because of the development of this site. Mr. Dempster stated that the negative declaration report has no affect or bearing on the affixing of responsibility. Mrs. Woodstock referred to the negative declaration statement, in particular "there will be no affect with fumes, air, etc.". She noted that the intro- duction of new vehicles into the area will create new problems. Regarding the traffic safety point, she noted that it will only take one vehicle to create a traffic hazard. There has been inches taken off the top of the structure, however, the perimeter has been added to, leaving the footprint the same. Mrs. Woodstock asked what will happen if this use is not success- ful. The City will be left with a huge building witfi no parking. She __ requested that the Commission recommend denial. _ bir. Ernie Juhasz, 945 Robin Lane, asked what impact this development would have on the neighborhood from a traffic standpoint, noting that additional traffic is not conducive to the rural atmosphere of the neighborhood. He -S- asked if these streets would have to be improved up to the standard level, if the traffic increased in the area. Would a more intense use make street improvements necessary. Mr. Helms stated that it is Staff's position that the proposed development would not make a significant contribution, if any, on the adjoining streets. Street improvements are not mandated by the State of California. This is left up to the local jurisdictions, and this is usually based on safety factors. I~ir. Juhasz pointed out that when the 7-11 Store was put into the neighborhood, it was not a 24-hour operation. There are no traffic counts that will show the noise level that the neighborhood must put up with from the traffic coming from this use. He asked that the Commission recommend denial of this project. Mr. Joe Paderic, 983 Robin Lane, noted his concern with the "S" turn off the San Tomas Expressway, and requested a denial of this project. Chairman Kotowski requested that the Recording Secretary read the letter from the County regarding this off-ramp into the record (attached hereto). N1r. Dale Puterbaugh, 916 Old Orchard Road, noted that the project is presented as reduced in height,but it has been moved 5' closer to the residential area. He noted that currently he is able to see the sun rise from his back yard, and that this will not be so with the construction of this building. He added that he felt that traffic was really the major issue. Ms. Lynn bicLaugherty, 350 Budd Ave., spoke in favor of the project, noting that there are several residents in the area who have a need for storage facilities. Mr. Craig Cowan, 931 Old Orchard Road, stated that he had spoke with the area merchants on his way to the meeting this evening, and they are all in favor of this proposal. Mr. and b1rs. Harvey Hofling, 7151 Crocker Lane, Gilroy, spoke as managers of the mini-storage facility in Gilroy. They stated that traffic was very minimal at their facility and the units are approximately 95% full. The traffic does not all come at one time--there might be 25 cars per day at the very most. There are times during the middle of the week when there are only 5-7 cars per day. Mr. Hofling read a letter to the Commission from Mr. Charles Buzzinni (attached hereto). Responding to questions from the Commission. Mr. Hofling indicated that the Gilroy facility had 356 storage units, varying in size from 5x5 to 10x30'. The structure is one story in height, approximately 35,000 sq. ft. on a two acre lot. Surrounding the facility is residential; Highway 101; a canning factory; and a vacant lot. Mr. Drum noted that they now have a two-story facility in Fairfield, and marketing studies indicate that it will be sold out in a couple of months. Regarding the project before the Commission this evening, Mr. Drumm noted that the footprint was moved S' closer to the east property line because -6- the roof was cut at a 45° angle. Solar studies now indicate that sunlight will hit adjoining properties earlier than previously presented. The rea- son that the managers from the Gilroy facility were present this evening was to answer any questions the Commission might have regarding traffic volumes. No one else wishing to speak, it was moved by Commissioner Howard, and seconded by Commissioner Dickson, that the public hearing be closed. Motion carried unanimously (4-0-3) . Discussion Commissioner Howard stated that he felt the plans were more than adequate to make a decision on this project, the site is properly zoned for such a use, and the traffic flow is probably the lowest amount that could be generated by any use. He stated that he is in favor of this project. Commissioner Dickson stated that he still has two concerns--traffic at this intersection; and, the silhouette and mass of the building. He felt that this structure was not in harmony with the neighborhood, and that it was too dense for this area. He felt a one-story building might be more appropriate. Air. Dempster noted that the Commission must carefully consider the letter received from the County pertaining to the accident history of this intersection--with only 5 accidents (3 being property damage only) since 1979. He continued that the Commission will have to rely on Staff, and that Public Works does not consider this project a hazard. Mr. Dempster noted that the Commission must also take into consideration what other alternatives there might be. There was discussion regarding the ingress/egress for this site, speeds traveled on the street, turning radius, and distances from Winchester Blvd. to the driveway of this project. It is the position of Staff that with requirements imposed on the developer to maintain site distance across the property frontage, the site distance should be. more than ade- quate for vehicles traveling at a reasonable rate of speed to determine if there is going to be some conflict between people entering or exiting from this site. Commissioner Howard stated that he still feels that traffic is not a problem with this project, and that a mini-storage facility is the only xeally feasible use that is appropriate for this site as far as traffic generation. Motion It was moved by Commissioner Howard, and seconded by Commissioner Fairbanks, that the Planning Commission adopt a resolution recommending approval of PD 83-05, subject to conditions listed in the Staff Comment Sheet with the added condition as required by the Site and Architectural Review Committee. Motion fails with the following roll call vote: - AYES: Commissioners: Howard, Kotowski NOES: Commissioners: Fairbanks, Dickson ABSENT: Commissioners: Kasolas, Campos, Meyer -7- Motion It was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that PD 83-06 be forwarded to the City Council without a recommendation. Motion carried unanimously (4-0-3). *~* The Commission recessed at 9:35 p.m.; the meeting reconvened at 9:50 p.m. * ~ ~ GP 83-11 Public hearing to consider City-initiated amendments City-initiated to the Land Use Element of the General Plan for the San Tomas Area. Mr. Kee reported that over the past year, amendments were made to the General Plan and Zoning Map to lower residential densities in the San Tomas Area. In accord with State Law at the time, amendments were first made to the Land Use Element of the General Plan. Following-this, public hearings were held to amend the zoning map. However, there are several areas in which the General Plan was changed to reduce density, and then after public hearings, the City Council decided against changing the zoning to a lesser density. This resulted in an inconsistency between the General Plan and Zoning Map. The purpose of the General Plan amendment at this time is to go back and make the General Plan consistent with the new zoning as required by State Law. However, at the City Council meeting of September 20, 1983 the Council continued second reading for the zoning for the final area to the meeting of October 18, 1983. It is necessary to continue this amendment until after the zoning is finalized. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Bruce Reid, 1509 Walnut Drive, asked for clarification on this proposal. No one else wishing to speak, it was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that GP 83-11 be continued to the Planning Commission meeting of October 25, 1983. Motion carried unanimously (4-0-3). ~ ~ ~ GP 83-09 Public hearing to consider possible City-initiated City-initiated text amendments to the Housing Element of the General Plan. Mr. Kee reported that Staff is recommending a continuance of this item in order that comments from the State Department of Housing and Community Development may be received. Chairman Kotowski 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 Fairbanks, and seconded by Commissioner Howard, that GP 83-09 be continued to the Planning Commission Igeeting of October 11, 1983. Motion carried unanimously (4-0-3). ~ * ~ -8- MI SCELLAI~EOUS Fencing Request Appeal of a decision of the Planning Director denying Helgerson, R. a lesser setback for fencing on property known as 651 Budd Avenue in an R-1 (Single Family Residential) Zoning District. Mr. Kee stated that the applicant has requested that this item be withdrawn. It was moved by Commissioner Howard, and seconded by Commissioner Fairbanks, that the Planning Commission deny without prejudice the fencing request for 651 Budd Avenue in order that it may be removed from the agenda. Motion carried unanimously (4-0-3). * ~ ~ Fencing Request Continued reque"st of Mr. J. M. Baheri for approval Baheri, J. M. to exceed the 3-1/2" fencing height limitation in front/sideyard setback on property known as 603 Beta Court. The Recording Secretary read three communications regarding this application into the record (attached hereto). Mr. Kee reported that Staff is recommending denial of this request because of site visibility problems as well as the possibility of setting a precedent. ___ Mr. Helms noted that Public Works Staff does not have a problem with the portion of the fence which is on the westerly property line--only that which is on the street frontages in that it presents a traffic visibility hazard. Mrs. Lula Baheri, property owner, spoke in favor of retaining the fencing as it has been constructed citing other like fences in the area, vandalism problems, trash problems, and fighting between neighbors. Commissioner Fairbanks asked if Staff would be agreeable to the property owner keeping the fencing constructed on the westerly property line between the a artment units considering the circumstances presented regarding neighbors fighting. Mr. Kee noted that Staff would be in agreement with keeping the fencing on the westerly property line. However, Staff has a real concern with the maintaining of the street frontage fencing in that it is a site distance hazard to traffic in the area. Mr. Dempster stated his agreement that the westerly fence would be warranted in this particular instance. Mr. Kee added that the fencing on the westerly property line would have to be - 3-1/2' according to code; however, the Commission does have the authority to approve a higher fence, and safety did not appear to be a problem with this westerly fence. -9- Commissioner Dickson expressed concern about maintaining the "openness" of neighborhoods, and noted that 6' fences coming out to the sidewalk through- . out an area were not conducive to this policy. Chairman Kotowski noted that many of the concerns expressed by the applicant this evening were really civil problems between neighbors, and that the Commission could not be involved in these situations and must decide the issue from a planning standpoint. It was moved by Commissioner Howard that the fence constructed along the Sobrato/Budd frontage be denied, and the fencing along the westerly pro- perty line be allowed to remain. Motion dies for lack of a second. It was moved by Commissioner Dickson, and seconded by Commissioner Fairbanks, that the Planning Commission uphold the decision of the Planning Director denying the appeal to exceed the 3-1/2' fencing height limitation in front/ sideyard setback area on property known as 603 Beta Court. Motion carried unanimously (4-0-3) . Mr. Kee suggested that the applicant meet with Planning Staff to work out the acceptable location and height of the fence. * * ~ SA 83-35 Continued appeal of the decision of the Planning Erbert, C. Director denying signing request on property known as 579 E. Campbell Avenue (Carpet Charlie's Interiors). I~1r. Kee reported that Staff is recommending denial of this signing request based on the opinion that the requested signing was in excess of the number and size of signs needed to adequately identify the premises and the products and services offered and that the signing is not parallel to the adjoining street. Mr. Charles Erbert, 2792 Guildhall, San Jose, stated that the signing was approved by the property owner and he did not realize that he was violating any ordinances. He requested that he be allowed to compromise with Staff and come back before the Commission with an acceptable proposal. It was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that SA 83-35 be continued to the Planning Commission meeting of October 11, 1983 in order that the applicant might meet with Staff and develop an appro- priate signing program for this business. Motion carried unanimously (4-0-3). ~ ~ PD 81-06 Request of Capitola Knolls Investors, Inc., for a Capitola Knolls minor modification to an approved parking layout for an office building on property known as 901 Campisi Way. _ - Commissioner Fairbanks reported that this item was considered by the Site and Architectural Review Committee. Based on conditions listed in the Staff -10- Comment Sheet, as well as the addition of two conditions: (1) provision of a revised landscaping plan indicating changes to landscaping in the affected area; and (2) provision of facilities for storage and parking of bicycles as approved by the Planning Director, the Committee is recommending approval. Mr. Kee noted that it was his understanding that the applicant was in agree- ment these added conditions. He explained that Staff does not have the authority to modify and adjust parking ratios, and that is why this item is before the Commission. Staff does feel, however, that- this modification will work, and is recommending approval. It was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that the Planning Commission approve the requested parking modifications, with the addition of two conditions of approval as indicated by the Site Committee. Motion carried unanimously (4-0-3). ~ ~ ~ ADJOURNMENT It was moved by Commissioner Dickson, and seconded by Commissioner Howard, that the Planning Commission meeting be adjourned. The meeting was adjourned at 10:45 p.m. APPROVED: Michael F. Kotowski Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recor ing Secretary Note correction in minutes of October 11, 1983 on Page 2 77 - OTHER ITENLS BROUGHT UP BY COMMISSIONERS.