Loading...
PC Min 08/23/1983PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 'TUESDAY, 7:30 P. M. MINUTES AUGUST 23, 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. ROLE, CALL Present Commissioners: Kasolas, Campos, Meyer, Fairbanks, Howard, Kotowski; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert Demp- ster, Recording Secretary Linda Dermis. Absent Commissioner Dickson. APPROVAL OF MINtTI'ES August 9, 1983 It was moved by Commissioner Fairbanks, and seconded by Commissioner Meyer, that the Planning Commission minutes of the August 9, 1983 meeting be approved as submitted, with the following correction: Page 6. "Motion carried.~rt~k-a-ate-ef-6-1-A; -~ai~k Ee~issi.exec-BiEksen-~re~ixg-s'ae'-'. (Refers to ZC 83-06, and TS 83-04). Motion for approval of minutes carried unanimously (6-0-1). COMh1UNICATIONS Mr. Kee reported that communications received pertained to specific items on the agenda and would be discussed at that time. O9NSENT CALENDAR TS 83';05 Tentative Subdivision Map: Lands of Daiwa House Corp. Lands of Daiwa of America. APN 305-18-58 (440 ~ 456 Llewellyn Avenue). House Corp. It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that the Planning Commission approve TS 83-05, subject to conditions as listed in the Staff Comment Sheet. Motion carried (5-1-1, Commissioner Fairbanks voting 'ho"). ~~~ TS 83-06 Tentative Subdivision Map: Lands of Heritage Village Lands of Heritage APN 279-38-73 ~ 74 (51 E. Campbell Avenue). Village It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that the Planning Commission approve TS 83-05, subject to conditions listed in the Staff Comment Sheet. Motion carried (6-0-1). ~~~ -2- TS 80-19 Tentative Subdivision Map: Lands of Cal-Com Leasing Lands of and Development Co. APN 413-25-082, 102, ~ 103 Cal - Com (72, 76, 112 F, 114 Shelley Avenue). Ms. Arlene Sprague, representing the applicant, requested that Condition #13 be amended to read "Subdivider to execute and record landscaping maintenance agreement for Lot 11, at the same time the final map is filed." M~.!Helms indicated that Staff did not object to this change. It was moved by Commissioner Meyer, and seconded by Commissioner Kasolas, that the Planning Commission recommend approval of the reinstatement of TS 80-19, subject to the change as stated in Condition #1 3. Motion carried unanimously (6-0-~1). ~ ~ ~ It was the consensus of the Commission to consider Item No. 4 (TS 83-04) after Item No. 9 (ZC 83-06) on this evening's agenda. ~ ~ ~ ARCHITEC'I'[JRAL APPROVALS S 83-11 Continued application of Mr. Dennis Kobza ~, Associates Kobza, D. for approval of plans and elevations to allow the con- struction of an industrial building on property known as 70 Cristich Lane in a M-1-S (Light Industrial) Zoning District. Commissioner Fairbanks reported that ti}iis item was before the Site and Architec- tural Review Committee this morning. The Committee is recommending approval, subject to conditions as listed in the Staff Corranent Sheet. Mr. Kee noted that the major concerns of the Architectural Advisor have been resolved. One of Staff's major concerns is the parking spaces located on Cristich Lane. This has been addressed under Condition P which requires the applicant to address this concern satisfactorily to the Public Works Depart- ment and City Attorney prior to application for a building permit. It was moved by Commissioner Meyer, and seconded by Commissioner Campos, that the Planning Commission approve S 83-11, subject to conditions as listed in the Staff Comment Sheet (attached). Motion carried unanimously (6-0-1). ~ ~ ~ S 83-03 Referral from City Council regarding 325 Union Avenue. Lincoln Property Commissioner Fairbanks reported that this referral was discussed by the Site and Architectural Review Committee. The Committee is recommending that the Planning Commission go forward with its original recommendation, which is identified as Alternative Din the Staff Report. -3- Mr. Kee reviewed the project for the Commission, noting that if a public street is to be recommended as desirable or necessary by the Commission, that the Staff i;s recommending Alternative A, indicated in the Staff Report. Nh~. Helms noted that Staff can support the plan as originally approved by the Commission; however, as provided in Alternative A, the street would show some improvement by addressing some concerns expressed by residents of the mobile home park and the apartment complex to the north in the past. The transfor- mation of this private street into a public street would allow enforcement of they vehicle code. Chairman Kotowski asked what the final format for Union Avenue is indicated as. D4r. Helms stated that Union Avenue is scheduled for widening to three lanes, with one lane being indicated for turning movements only. Mr. Helms explairred the other alternatives as inddca.ted in the Staff Report. Commissioner Kasolas asked if there was any disadvantage~to the City by not recommending Alternatives A, B, or C -- but rather recoimnending Alternative D, which would be to leave the plans as originally approved. Mr. Helms stated that Alternative D, as approved, has acceptable ingress/ egress, in Staff's opinion. It may be necessary to limit left turns out of the northernmost driveway, but that might occur with any of the driveways along Union Avenue. Commissioner Kasolas asked what the reasoning was behind the apartment project to the north accessing directly onto the private road. Mr. Helms noted that it was felt at the time that it was better to concentrate the driveway openings, the easement was available to them, and it reduced the number of driveways opening directly onto Union Avenue. Commissioner Fairbanks asked if there was any way that this private road could be widened and made a public street without any property being dedicated from the site at 325 Union Avenue. Mr. Helms indicated that the private street is not wide enough to serve as a public street without the dedication of land from 325 Union Avenue. Mr. Kee stated that the dedication of property for street improvements, as indicated in Alternative A, would mean a reduction in units from 178 to 174; Alternative B would mean a reduction in units from 178 to 172; Alternative C would not affect the density originally approved by the Commission; and Alternative D would keep the density at that originally approved by the Commission - 178 units. Commissioner Fairbanks stated that at the time this project was originally submitted, she asked Public Works about the possible traffic problems on Union Avenue, and Nfr. Helms indicated that these problems would be addressed with the scheduled widening of Union Avenue to three lanes. She, therefore, felt that this project would work on Union Avenue. Commissioner Fairbanks continued that the it'was the feeling of the Site~Committee that Lincoln Property Co. is being asked to solve, by dedicating property and reducing density, problems that are not theirs, and perhaps should have been addressed by the City some years ago. Therefore, the Committee is recommending that -4- the applicant not be required to dedicate any of his property for the widen- ing of this private street. Commissioner Fairbanks concluded that the appli- cant came through the process in good faith, meeting all the necessary re- quinnents, and acquired an approval. Commissioner Kasolas asked if any consideration had been given to possibly leaving the number of units at 178, yet still requiring the dedication-- thereby increasing the density of the project. . f Nfr.'Kee responded that this increase in density would not be in accord with the policies of the City. Chairman Kotow~ski referenced a letter from the applicant, Mr. Jim Woodson, which opposed any reaction in the ninnber of units. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Mrs. Barbara Campbell, 35 E1 Paseo, expressed concern regarding the provision of sidewalks, should Alternative A be recommended, noting that sidewalks would be essential. She continued that the residents of the mobile home park really prefer that the road be left as is; however, if there is to be a street, they would prefer Alternative A. Mr. Helms indicated that Alternative A includes the provision of sidewalks, which is standard improvement for City streets. Mrs. Campbell continued that the mobile home park residents are in litigation with the park owners and are very concerned with anything that might change the status quo. Mr. Jim Woodson, applicant, stated that he would like to ask~the City, if in fact, Alternative A is adopted, if they have evidence that they can acquire the balance of the easement, and do they plan to construct improvements over the balance of the property at City cost. Mr. Helms indicated that it would be Staff's position that the developer would have to construct the improvements at his expense. r4r. ZVoodson stated that he disagreed that it would be the developers responsibility to pay for the improvements to the north, which is outside the current property line. He again asked if it was the intention of the City to pay for the im- provement s . Mr. Helms noted that Staff was not prepared to address this issue this evening. One of the factors involved is that the existing easement is a private driveway and the City was not involved in its original development. It may be possible that the City will pay for everything north of the property line. Mr. Woodson stated that Alternative A, as recommended, would be of absolutely no value to the property anal the project he has proposed. He felt that it would only further aggravate the residents of the mobile home park and the owners of the easement if Alternative A were carried through. Further, the issue of density muse be addressed if a dedication is to be required. Mr. Woodson stated his objection to any further reduction of density to his project and asked that the Commission maintain their original recommendation of 178 units. He concluded that he would agree to "right turn only" movements out of northerly driveway if recommended by Public Works Staff. -5- Mr. Jules Perlemann, 1901 S. Bascom Ave., representing owners of the mobile home park, noted to the Commission that he would be happy to contact both owners of the park and return with a clarification of the easement dedication possibilities. Mot ion It was moved by Commissioner C~npos, and seconded by Commissioner Meyer, that the Planning Commission recommend to the City Council that Alternative D be indicated for S 83-03, Alternative D being no change in the approved project. Discussion on Motion Commissioner Howard stated he would be voting in favor of the motion because he felt that there has not been any evidence presented to the Commission which would change the original decision for approval. Commissioner Kasolas stated that perhaps the Commission is missing an opportunity to eliminate one additional driveway onto Union Avenue, where most of the traffic movement is at peak commute hours. Commissioner Kasolas continued that he found it difficult to believe that the density could not be left at 178 units and still maintain Alternative A (which would amount to approximately 50 of the open space being deleted). He recommended that the Commission allow the 178 units, but recommend Alternative A, noting that this project will provide necessary afford- able housing. Commissioner Campos stated that the requirements for this project were met by the applicant initially, and the appeal has offered no explanation as to why it should be reconsidered. Commissioner Fairbanks stated that she felt this situation should be handled cautiously by the Commission. The Commission has a list of requirements and boundaries within which they make recommendations. This applicant met the requirements and for the Commission or the City to turn around, after approval has already been given, is unfair--if it's even legal. Vote on Motion Motion for recommendation of Alternative D carried unanimous]:y (6-0-1, with Commissioner Dickson being absent). ~ ~ ~ The Commission recessed at 8:45 p.m.; the meeting reconvened at 9:00 p.m. ~ ~ ~ PUBLIC HEARINGS UP 83-08 Continued public hearing to consider the application Puma, J. of Mr. John Puma for a use permit to allow a lot split and the construction of an additional single family residence on property known as 1285 Peggy Avenue in an Interim (Low Density Residential) Zoning District (less than 3.5 units per gross acre). -6- Mr. Kee reported that this item was continued from the meeting of July 12, 1983 so that the lot sizes in this area could be reviewed by the City Council. At its meeting of August 16, 1983 the Council took first reading of an ordi- nance requiring a minimum lot size of 10,000 sq.ft. in this area. The appli- cant's plans indicate that the existing lot is 20,140 sq.ft.; however, after a 5' street dedication, the lot will be 19,760 sq.ft. Of the lots to be created, the front lot would be 8,074 sq.ft. and the rear lot (exclusive of the~1,920 sq.ft. driveway) would be 9,766 sq.ft. These lots are less than that required by recent City Council action. Recognizing the Council's action, Staff's position is for a recommendation of denial. Mr. Kee noted that Staff would bring to the Commission's attention that the application was filed prior to the action of the City Council; however, the Planning Commission had forwarded a recommendation of 10,000 sq.ft. minimum lot sizes. Additionally, the area is still in an Interim Zone. Mr. Dempster noted that this application should be considered on its merits, in that it is a proper application. This application was made prior to the decision of the Commission for 10,000 sq.ft. lots, and must be considered under the conditions that existed at the time the application was made. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Dlr. John Puna, applicant, presented the approximate square footage of lots within a two block radius of his property, indicating that almost 80o in the area are under 10,000 sq.ft. He noted that the area is quite run-down; however, there are people moving in who are trying to clean it up. He proposes to build a house that will match the existing house on the front lot. Mr. Puna stated that most people do not take care of their big lots, and that the majority of the people in the area had no need to come before the Commission in that their lots are small. T1o one else wishing to speak, it was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the public hearing be closed. Motion carried un- animously. Commissioner Kasolas stated that favorable consideration should be given this application. He added that the Commission should re-think the San Tomas Area and that this type of application points out the problems that will be arising. This area is in need of remodeling and cleaning up which requires pride of ownership. Commissioner Howard noted his agreement with Commissioner Kasolas. RESOLUTION N0. 2226 It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the Planning Commission adopt Resolution No. 2226 approving UP 83-06, subject to conditions listed in the Staff Comment Sheet. P•4otion carried with the following roll call vote: Discussion on D4otion Commissioner Fairbanks noted that she would be speaking in favor of the motion because the applicant applied prior to the decisions made in this area. -7- Commissioner Campos stated his agreement with Commissioner Fairbanks; and, noted that he was not sure about re-thinking all the work that has been done in the San Tomas Area over the past two years. Vote on Motion AYES: Commissioners: Kasolas, Campos, Meyer, Fairbanks, Howard, Kotowski t NOES: Commissioners: None ABSENT: Commissioners: Dickson ~ ~ ~ UP 83-06 Continued public hearing to consider the application Norman, R. of Mr. Rick Norman for a use permit to allow the construction of a self-service gas station, mini- market, and to allow off-sale beer ~, wine on pro- perty kno~m as 570 E. Hamilton Avenue and 587 Salmar Avenue in a C-2-S (General Commercial) Zoning District. Commissioner Fairbanks reported that this item was before the Site and Archi- tectural Review Committee this morning. The Committee is recommending approval. Commissioner Meyer asked if there is any landscaping planned on the westerly property line of this project. Mr. Kee noted that the only landscaping planned on the westerly property line is around the restroom facilities, there will be landscaping along Hamilton and Salmar Avenues and in front of the mini-market. Chairman Kotowski asked about the plans for re-aligning Salmar Avenue and the access planned for do~mto~n Campbell. Mr. Helms indicated that the radius of this corner will be modified to improve traffic flow from the freeway off-ramp to Salmar Avenue. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Stan Roller, engineer for Shell Oil Co., noted agreement with all conditions as set forth by the Commission. In response to an earlier c{uery, Mr. Roller noted that the restroom,facilities will be open for the public during hours of operation. Commissioner Campos noted that this permit was conditioned with a one-year review of the beer ~ wine sales, and asked if the station owner has experienced any difficulties at his other operation. Mr. Jerry Anderson, station owner, noted that he has had no problems with his operation in Milpitas which sells beer and wine, in that the property is ~a- trollecland has surveillance cameras, in addition to being posted with signs about loitering. Mr. Anderson continued that the operation will be open 24 hours per day. Additionally, he stated that a Landscaping maintenance company has been contacted to keep up the landscaping. No one else wishing to speak, it was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that the public hearing be closed. -8- Commissioner Kasolas asked if Condition I would mean that there must be at least two persons on duty at all times. __ Commissioner Campos noted that perhaps this should be clarified because it came up in discussion at this morning Site Committee meeting. He added that the design of the building is such that the pumps would be controlled from inside the facilities. Mr.tKee indicated that this condition would be governed by whatever the Uniform Firs Code stipulated. Commissioner Howard commented that this project should be an asset to the community. RESOLUTION N0. 2227 It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the Planning Commission adopt Resolution No. 2227 approving UP 83-06, subject to conditions as listed in the Staff Comment Sheet. Mot ion carried with the following roll call vote: AYES: Commissioners: Kasolas, Campos, D4eyer, Fairbanks, Howard, Kotowski NOES: Commissioners: None ABSENT: Commissioners: Dickson ~~~ ZC 83-06 Continued public hearing to consider the application Garcia, N. of Mr. Norman Garcia for a zone change from R-M-S (Multiple Family Residential) to PD (Planned Develop- ment/Low-Medium Density Residential) and approval of plans and elevations to allow the construction of 7 townhomes on property known as 93 Shelley Avenue. Mr. Kee reported that this application was continued from the previous Commission meeting at the applicant's request. Staff is recommending approval, subject to conditions listed in the Staff Comment Sheet. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Norman Garcia, applicant, indicated agreement with the conditions of approval and the redlining of the plans. No one else wishing to speak, it was moved by Commissioner Meyer, and seconded by Commissioner Kasolas, that the public hearing be closed. notion carried unanimously. RESOLUTION N0. 2228 It was moved by Commissioner Campos, and seconded by RESOLUTION N0. 2229 Commissioner Meyer, that the Planning Commission adopt Resolution Nos. 2228 and 2229 recommending approval of ZC 83-06, subject to conditions as listed in the Staff --- Comment Sheet. Motion carried with the following roll call vote: -9- AYES: Commissioners: Kasolas, Campos, Meyer, Fairbanks, Howard, Kotowski NOES: Commissioners: None ABSENT: Commissioners: Dickson ~ ~ ~ CONSENT CALENDAR TS 83-04 Tentative Subdivision Map: Lands of Piatti Lands of Piatti APN 413-25-16 (93 Shelley Avenue). It was moved by Commissioner Fairbanks, and seconded by Commissioner Meyer, that the Planning Commission recommend approval of TS 83-04, subject to conditions as listed in the Staff Comment Sheet. Motion carried unani- mously (6=~0-1) . ~~~ PUBLIC HEARINGS UP 83-10 Public hearing to consider the application of Mr. Rodrigues, D. Ibug Rodrigues, on behalf of M.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 ~r-ith Avenue in an Interim (Low-Medium Density Residential) Zoning District. Commissioner Fairbanks reported that this item was considered by the Site and Architectural Review Committee this morning. The Committee is recommending a continuance to~.the meeting of September 13, 1983 with the applicant's con- currence. 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 at this time, it was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that UP 83-10 be continued to the Planning Commission meeting of September 13, 1983. .Motion carried unanimously (6-0-1). Commissioner Kasolas commented that he felt the Commission should encourage development in this area in order to make it more desirable. ~ ~ ~ UP 83-11 Public hearing to consider the application of Mr. Chun, E. Eric Chun for a use permit to allow on-sale beer F, wine and approval of plans and elevations for a minor change to an existing building to be used as a restaurant on property known as 923 W. Hamilton Avenue in a PD (Commercial) Zoning District. Commissioner Fairbanks reported that this item was before the Site and Archi- tectural Review Committee, and the Committee is recommending a continuance, with the concurrence of the applicant. -10- 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 at this time, it was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that UP 83-11 be continued to the Planning Commission meeting of September 13, 1983. Motion carried unanimously (6-0-1). ~~~ _ ~ MISCELLANEOUS Fencing Request Request of Mr. Philip Manley for approval to exceed 6' fencing height limitation on property known as 312 N. Carlyn Avenue. Mr. Kee reviewed this request for the Commission, noting that Staff is re- commending approval. A letter from Mr. Johnnie P. Shaw, resident at 313 N. Milton Avenue, has submitted a letter in opposition to the request (attached hereto an made a part of this record). Mr. Philip Manley, applicant, explained his request noting that the fence height extension was built as an immediate solution to a privacy/noise problem. He added that the fence is built totally on his property. Mr. Manley stated that his understanding is that he is not requesting a variance but rather an extension to his fence, which may be permissible by the Commission, according to the zoning code. It was moved by Commissioner Meyer, the Planning Commission approve this existing 6' fence on property known and seconded by Commissioner Campos, that request to allow a 30" extension to an as 312 N. Carlyn Avenue. Discussion of Motion Commissioner Kasolas noted he will be speaking against the motion, in that he was not .sure the applicant could comply with the condition of obtaining any necessary building permits. Additionally, he felt that in the past, approvals have only been granted when the adjoining property owners did not object to the height variation. City Attorney Dempster noted that the Commission should not become involved in a civil matter between two neighbors. Vote on Motion Motion carried with a vote of 5-1-1, with Commissioner Kasolas voting "no", and Commissioner Dickson being absent. ~~~ Staff Report Staff report regarding follow-up on potential violations brought to Staff's attention at the meeting of August 9, 1983. -11- Commissioner Fairbanks noted that she felt that fencing requests coming before the Commission prior to construction were being denied; however, illegally constructed fences which have been presented as a follow-up from code enforce- ment usually end up being approved. This procedure seems very unfair. Mr. Dempster felt that the most reasonable way to clean up these violations is through the current code enforcement procedures. Commissioner Kasolas felt that there should be some discussion by the Commission regarding the parking of vehicles, trailers, autos, etc. in front yard areas. He suggested a committee be formed to look into the matter. ADJOUrRNNIENT It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that the meeting be adjourned. The meeting was adjourned at 10:20 p.m. APPROVED: Michael F. Kotowski airman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recor g ecretary