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PC Min 09/13/1983PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:30 P.M. MINUTES SEPTEMBER 13, 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, Fairbanks, Howard, Dickson, Kotowski; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Linda Dennis. Absent Commissioner Meyer. APPROVAL OF MINUTES August 23, 1983 It was moved by Commissioner Howard, and seconded by Commissioner Campos, that the Planning Commis- sion approve the minutes of August 23, 1983 as submitted. Nbtion carried unanimously. Commissioner Kasolas rec{uested that the minutes of August 9, 1983 meeting be clarified with regard to the motion for continuance of ZC 83-06/TS 83-04. On page 6, the sentence reading 'mootion carried with a vote of 6-1-0, with Com- ~~ missioner Dickson wting "no"." is deleted and "Motion carried." substituted. No roll call vote necessary on motions for continuances. ~ ~ ~ COD~4[JN I CAT I ONS Mr. Kee noted that all communications pertain to specific items on the agenda and would be discussed at that time. ~ ~ ~ ARCHITECTURAL APPROVALS S 83-11 Application of P•Zr. Bob Ferguson, on behalf of Par Concrete Par Concrete Co., for approval of plans and ele- vations 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 Dickson reported that this item was discussed at the Site and Architectural Review Committee meeting this morning. The Committee is recommending continuance, with the applicant's concurrence. It was moved by Commissioner Kasolas, and seconded by Commissioner Fairbanks, that S 83-11 be continued to the Planning Commission meeting of September 27, 1983. Motion carried unanimously. ~ ~ ~ -2- T1~1 83-07 Application of Mr. Frank Oldham for a modification Oldham, F. to approved plans to allow the construction of gar- ages to the rear of an existing apartment complex -f on property known as 157 Union Avenue in a R-2-S I (Multiple Family Residential) Zoning District. Commissioner Dickson reported that this item was considered by the Site and Architectural Review Committee. Staff concerns have been addressed with the addition of Condition 1, and the Committee is recommending approval. There was discussion pertaining to the amount of open space in the project. It was noted that the amount of open space will remain the same, however, it will be re-located and more usuable. Regarding discussion of Condition No. 11 pertaining to street improvements on Union Avenue, Mr. Helms noted that it is the intention of the Public jVorks Department to put the applicant on notice that the City will be requiring street improvements within the next 12 months. It is the City's position that the developer/property owner will be totally responsible for these improvements and it is intended that the amount of the bond will be up-dated. It teas moved by Commissioner Dickson, and seconded by Commissioner Kasolas, that Tf[~1 83-07 be approved, subject to conditions listed in the Staff Comment Sheet (attached). Motion carried unanimously. ~ ~ ~ A'A4 83-08 Application of Mr. Edward Kellar for a minor -- Kellar, E. modification to allow exterior modifications to an existing building on property known as ' 65 ~V. Hamilton Avenue in a C-1-S (Neighbor- hood Commercial) Zoning District. Commissioner Dickson reported that this application was considered by the Site and Architectural Review Committee, and the Committee is recommending approval. It was moved by Commissioner Campos, and seconded by Commissioner Fairbanks, that the Planning Commission approve ~~7 83-09, subject to conditions as listed in the Staff Comment Sheet (attached) . Motion carried unanimously. ~ ~ ~ PUBLIC HEARINGS UP 83-10 Continued public hearing to consider the applica- Rodriques, D. tion of Mr. Doug Rodrigues, on behalf of I~4.G.R. Properties, for a use permit and approval of plans, elevations, and development schedule to allow the construction of 3 condominium units on property known as 1207 Smith Avenue in an Interim (Low-Medium Density Residential) Zoning District. Commissioner Dickson reported that this item was considered by the Site and _ Architectural Review Committee this morning, and the Committee is recommending ~, approval . j -3- 1~1r. Kee noted that the decks that had been indicated on the original plans have been eliminated due to a concern expressed by the Commission regard- ing the privacy of adjoining property owners, in addition to impeding into the required setback. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. No one wishing to speak, it was moved by Commissioner Kasolas, and seconded by Commissioner Howard, that the public hearing be closed. Motion carried unanimously. RESOLUTION N0. 2231 It was moved by Commissioner Kasolas, and seconded by Commissioner Howard, that the Planning Commission adopt Resolution No. 2231 approving UP 83-10, subject to condi- tions as listed in the Staff Comment Sheet. I~iotion carried with the following roll call vote: AYES: Commissioners: Kasolas, Campos, Fairbanks, Howard, Dickson, Kotowski NOES: Commissioners: None ABSENT: Commissioners: Meyer ~ ~ ~ UP 83-11 Continued public hearing to consider the applica- ~~~ E, tion of Mr. Eric Chun for a use permit to allow on-sale beer and wine, and approval of plans and elevations for a minor change to an existing struc- ture on property known as 923 W. Hamilton Avenue in a PD (Planned Development/Commercial) Zoning District. Commissioner Dickson reported that this item was considered by the Site. and Architectural Review Committee, and the Committee is recommending approval. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. No one wishing to speak, it was moved by Commissioner Kasolas, and seconded by Commissioner Fairbanks, that the public hearing be closed. RESOLUTION N0. 2232 It was moved by Commissioner Howard, and seconded by Commissioner Campos, that the Planning Commis- sion adopt Resolution No. 2232 approving UP 83-11, subject to conditions as listed in the Staff Com- ment Sheet. Motion carried with the following roll call vote: Discussion. of Motion Commissioner Dickson noted his opposition to the request for on-sale beer and wine; although he is in favor of the restaurant, he stated he would be voting ___ "no" on this application because of the beer and wine approva . -4- Vote on Motion AYES: Commissioners: Kasolas, Campos, Fairbanks, Howard, Kotowski NOES: Commissioners: Dickson ABSENT: Commissioners: Meyer ~ * ~ PD 83-04 Public hearing to consider the application of Fleischli, T. Mr. Thomas Fleischli, on behalf of 900 E. Hamil- ton - A General Partnership, for a Planned Develop- ment Permit and approval of plans, elevations, and development schedule to allow the construction of an office complex on property known as 920 E. Hamilton Avenue in a PD (Planned Development/ Commercial) Zoning District. Commissioner Dickson reported that this item was considered by the Site and Architectural Review Committee. The Committee is recommending approval, with one change in the conditions. Condition 41 - delete "describing how each ten- ant will be relocated"... Mr. Kee stated that one reason for this change is that prior to any approval, the City Council will consider a relocation plan. The relocation issue has been the subject of concern since the original submittal of this development. A letter is enclosed in the Commission's packet (attached hereto) indicating t e applicant's agreement to provide some funds for the relocation of the tenants. However, the relocation issue will have to be dealt with at the Council level. Chairman Kotowski noted that the Commission does not have any responsibility at this time to deal with the relocation issue, only with the development plans. Mr. Kee noted that this was correct, although the Council may decide at some time in the future to have the Commission look into the relocation plan. Additionally, Mr. Kee noted that the previous EIR that was accepted by the City has been determined by the City Attorney to be satisfactory for this submittal, since the plans are the same as previously submitted. Staff did request the EIR consultant to update the EIR. There are two things that have changed since the original application--one is the re-zoning on the Ainsley property at Bascom and Hamilton Avenue to Industrial, and the second is the allocation of state funds for the acquisition of right-of-way- for Route 85-- both these things would have a positive effect on the mitigation of the traffic situation at this location. Commissioner Fairbanks asked if there was any change to the development schedule. Mr. Kee stated that completion of the entire project is scheduled for 1987; and, there is general agreement that the bridge over Los Gatos Creek will be completed during Phase I. Commissioner Campos asked if there was an updated "Resident Profile", since the one included in the Staff Report is dated 1981. -5- bin. Kee noted the same as in home park. that the report indicates that the information is basically 1981 since there is such a small turn-over in the mobile Commissioner Campos stated that he felt the profile could be updated. Chairman Kotowski instructed that a letter from Mr. Jerry P. Houseman regarding this item be entered into the record, and made a part of the minutes. Said correspondence attached rereto. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. r4r. Tom Fleischli, applicant, distributed a brochure to the Commission out- lining the project. He reviewed the application noting the benefits of such a development in Campbell,° citing tax bases and jobs information, and the project's connection with the redevelopment of the downtown area. NIr. Doug Yoder, representing Macl~Zillan, Moore ~ Buchanan, Inc. , spoke regard- ing the. availability and need for office space in the West Valley area. D4r. Fleischli requested that clarification be made on Condition Nos. 36 and 39, noting that they pertain to Phase II of the construction. P.Zr. Helms noted his agreement with this request as it pertains to Condition No. 36, but that Condition No. 39 would be a condition to be complied with in Phase I. Mr. Timothy Lundell, Attorney representing mobilehome residents, spoke at length regarding the relocation plan, indicating that the residents did not object to the office development; and, that the $1,000,000 offered as part of a relocation fund by the applicant was a good starting place, although it was not nearly enough. Mr. Lundell noted that he felt that the relocation plan (referred to in Condition No. 41) should be"describing how each tenant will be relocated"; and, that the issue of relocation should be addressed prior to anything else. NIr. Wayne biitsunaga, 1518 Via Cancion, San Jose 95128, spoke in opposition to the project, citing noise, visual impact, and traffic. He felt the pro- ject should be significantly down-sized. Mr. Sanford Diller, Attorney representing Prometheus Development Co., noted that the developer does share the residents concern with the housing situa- tion. The Keesling's (property owners) position is that they, as private individuals, do not have to shoulder the responsibility for this housing. I~Sr. Diller submitted to the Commission that the best interests of all con- cerned would be served by an approval of this project. bor. Charles Williamson, Chairperson. - Hamilton Mobilehome Owner's Association, stated that there has been considerable and continuous work between the develop- er ar_d the park residents since the first submittal of tris project. The home- owners/residents recognize that the site is right for development and would like to take this opportunity that is presented to take advantage for the people who require affordable housing opportunities. He noted that the monies offered by the developer could be combined with other funding to begin to work out some solutions, and indicated the Association's opposition to any change in Condition No. 41. -6- No one else wishing to speak, it was moved by Commissioner Howard, and seconded by Commissioner Fairbanks, that the public hearing be closed. Motion carried unanimously. D1 S C 1 ]_S S l (lTl Commissioner ~~oward stated that he felt this was a very good project; however, he expressed concern about what might happen if Phase II of the project is not completed., mainly with regard to the open areas that will be made available on Phase II. Additionally, he felt that the access to the PG~E station was not large enough to accommodate the large trucks. Corrmiissioner Campos questioned the role of the Commission, as regards to Condition No. 41 and the relocation plan. He felt that the Commission should have some role in this plan. Mr. Dempster stated that the City Council has not delegated that authority to the Planning Commission at this time. Corrnnissioner Dickson stated that the City Council took action on this application before, and he felt that the Corrunission should be very care- ful to make sure that something has changed since that time. Mr. Dempster stated that the applicant has a right to present their applica- tion again, ar~d the Commission has a right to look at it as a new project again. Mr. Dempster continued that there have been changes, he felt, suffi- cient enough to warrant a re-application of the same project. - Commissioner Kasolas noted that one of the most significant changes that is apparant is the cooperation of the tenants and the applicants. He con- tinued that he did not see any difficulty with respect to the change in Condition No. 41, specifically on the basis that there are two issues be- fore the Commission, and the Commission is to act only on one of those issues--the planning function. The specific relocation of the tenants has not been delegated to the Commission. He added that he has confidence that the City Council will take care of those needs within the community, and spoke in favor of the project. Commissioner Dickson stated that the Commission should make sure that they understand the differences from the last time the project was considered: Route 85 planning; Redevelopment Agency in effect; re-zoning of Ainsley property to Industrial. Still to be considered is the visual impact in that the profile is quite dense even though the architectural style is good; and, the traffic is at a saturation level, though not as quite saturated. Chairman Kotowski noted his understanding that the traffic will only get worse because of the nature of the county and the people moving into the area. However, street improvements to mitigate the situation will not be done unless it is done by developers. Mr. Helms noted his concurrence, and indicated that there are currently no - adopted plans by the Council to construct any of these improvements at the City's expense. -~- Commissioner Campos asked if the service station across from this site has been purchased yet in order to complete the tunnel under Hamilton Avenue. Mr. Dempster responded that there has been no change in this situation. Commissioner Kasolas noted that it was his understanding, regarding the proposed development, that if Campisi Way is extended over the creek and the tunnel added under Hamilton Avenue, traffic will be reduced at the corner of Bascom and Hamilton. Mr. Helms responded that this is the Staff's position. Studies give the indication that the mitigation measures will improve the level of service at this intersection. RESOLUTION N0. 2232 It was moved by Commissioner Kasolas, and seconded by Commissioner Howard, that the Planning Commission adopt Resolution No. 2232 recommending approval, in concept, of PD 83-04 subject to conditions as listed in the Staff Comment Sheet, with clarification made to Condition No. 36 indicating it to be a part of Phase II, and the dele- tion of the words "...describing how each tenant will be relocated prior"...from Condition No. 41. Notion carried with the following roll call vote: AYES: Commissioners: Kasolas, Campos, Howard, Kotowski NOES: Commissioners: Fairbanks, Dickson ABSINT: Commissioners: Meyer ~ ~ ~ The Commission took a break at 9:30 p.m.; the meeting reconvened at 9:43. ~ ~ ~ rTISCELLANEOUS MM 83-09 ReQuest for modification to approved site plan Book, N. to allow addition of a cargo storage container on property known as 921 Camden Avenue in a M-1-S (Light Industrial) Zoning District. Commissioner Dickson reported that this item was before the Site and Archi- tectural Review Committee this morning. He noted that this particular site can be seen from the San Tomas Expressway. Additionally, the applicant is in agreement with all the conditions listed. It should be noted that the portion of the site outside the fencing belongs to the County; however, the applicant has agreed to install and/or maintain landscaping on this property, with the permission of the County. The Committee is recommending approval . Mr. Kee noted that Staff will be contacting the necessary public agency re- garding the landscaping of this area. -8- Cormnissioner Kasolas asked if there was a problem with such a large container being put at the corner of this site, in the line of site for traffic. Mr. Kee noted that one of the conditions is that the fencing be slatted, in addition to the landscaping. Commissioner Dickson noted that there is a considerable setback from the subject property and the County property under discussion. Commissioner Kasolas continued that the original plans called for a certain amount of open space and parking. He felt that the addition of this container would obstruct the view and take up parking spaces. He asked what the maximum lot coverage is in industrial areas. Mr. Kee responded that the maximum lot coverage in industrial areas is 40-500. Commissioner Kasolas noted that he had difficulty with the Staff recommendation for approval, in that it has always been the policy of the Commission that developments along Winchester Blvd. look good, and this application would put a non-permanent structure right across from some buildings that the Commission has taken great care to maintain as architecturally pleasing. A'Ir. Kee noted that Staff did have a concern about these containers being used throughout the community, and came before the Commission with suggested guide- lines which might permit these types of structures. Commissioner Howard stated he did not mind the idea of using the containers, it was just that they can be an eyesore. He noted he is not is favor of this application because of the location, and if it were to be relocated he would seriously re-consider. Commissioner Dickson stated that at the present time this site is an open storage yard, with a number of vehicles being stored. The container is painted and will only show above the fence once it is slatted, and there will be landscaping along the fence. It will improve the site. Chairman Kotowski asked if these containers could, in the future, be construed as warehousing space and require parking. Mr. Kee noted that there is no parking requirement for outside storage; however, should these structures be considered warehousing, they would require parking spaces. Chairman Kotowski asked if it would become necessary to require that these containers be sided or painted to blend with surrounding buildings; and, how would these containers affect the definition of permanent structures. Mr. Kee stated that Staff would think that each application should be con- sidered on it's own merit. Additionally, the Architectural Advisor has indicated that he did not have a problem with this application. This parti- cular container is painted the same color as the building. Motion Commissioner Fairbanks moved, and Commissioner Howard seconded, that the Planning Commission approve D1M 83-09, subject to conditions listed in the -9- Staff Comment Sheet, and that the area surrounding the fence be landscaped and maintained and redwood slats be incorporated into the fence. Discussion on Motion Commissioner Kasolas stated that he was opposed to the motion because he felt that this was an inappropriate use of space by putting in a temporary structure. By adopting this motion, he felt it would make the temporary structure a permanent structure. Additionally, the street is one of the main entrances onto the San Tomas Expressway, so that all the good work done along Dell Avenue to achieve an industrial park the City can be proud of is negated by this type of use. He felt that this type of use did not adopt itself to the overall harmony of Dell Avenue. Amendment to Motion It was moved by Commissioner Dickson, and seconded by Commissioner Kasolas, that MM 83-09 be approved conditionally, with a six-month review. If no negative aspects are found at that time, the application can be given final approval. Vote on Amendment Notion to amendment carried unanimously (6-0-1). Vote on Motion Motion for approval carried unanimously (6-0-1). MM 83-09 approved subject to conditions as listed in the Staff Comment Sheet, installation and main- tenance of landscaping along southwest corner of site, redwood slatting of chain link fencing, and six month review. ~~~ Fencing Request Request of Mr. John Carter for approval to exceed the 6' fencing height limitation on property known as 926 Hedegard Avenue. Commissioner Dickson reported that this item was before the Site and Architectural Review Committee, and noted that the request is actually for a 6' fence, however, there is a 2' grade difference between properties. The Committee is recommending approval. It was moved by Commissioner Campos, and seconded by Commissioner Kasolas, that the fencing request for 926 Hedegard Avenue be approved. Motion carried unani- mously (6-0-1). ~ ~ ~ Fencing Request Request of Mr. Michael Denning for approval to exceed the 6' fencing height limitation on pro- perty known as 1428 Saffle Court. Corrnmissioner Dickson reported that this item iaas considered by the Site and Architectural Review Committee. This is an unusual situation in that the -10- applicant's home is across the street from the Rolling Hills Shopping Center. In that the City has, been unable to control the noise coming from that center, the Committee is recommending approval. It was moved by Commissioner Howard, and seconded by Commissioner Dickson, that the fencing request for 1428 Saffle Court be approved. Motion carried unanimously (6-0-1) . ~ ~ ~ Fencing Request Request of Mr. J. M. Baheri for approval to exceed the 3-1/2' fencing height limitation in front/side yard setback on property known as 603 Beta Court. Commissioner Dickson reported that this item was considered by the Site and Architectural Review Committee. The request. is for a fence on a corner where the height limitation would be 3-1/2'. There is however a site ob- struction, and it is the recommendation of the Site Committee that the fence height be limited to 3-1/2'. A letter from the applicant, J. T-1. Baheri, requesting a continuance was made a part of the record (attached). Letters received from Karl la. Robinson, and Ellery F. ZVilliams, opposing the request are attached and made a part of these minutes. It was moved by Commissioner Dickson, and seconded by Commissioner Fairbanks, that this fencing request be continued, at the applicant's request, to the meeting of September 27, 1983. Motion carried unanimously (6-0-1). ~ ~ ~ SA 83-35 Appeal of the decision of Planning Director Erbert, C, denying signing request on property known as 579 E. Campbell Avenue (Carpet Charlie's Interiors). Mr. Kee noted that Staff has received a call from the applicant requesting a continuance . Commissioner Dickson reported that this item was before the Site and Archi- tectural Review Committee, and the Committee is in concurrence with Staff's recommendation for denial. It was moved by Commissioner Dickson, and seconded by Commissioner Fairbanks, that SA 83-35 be continued to the Planning Commission meeting of September 27, 1983. I~4otion carried unanimously (6-0-1) . ~ ~ ~ -11- ADJOIJRIW~F~V'T It was moved by Commissioner Howard, and seconded by Commissioner Dickson, that the meeting be adjourned. The meeting was adjourned at 10:18 p.m. APPROVED; Michael F. Kotowski airman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recor ing cretary