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PC Min 08/09/1983PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7: 30 P.M. MINUTES AUGUST 9, 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 (8:30 p.m.), Campos, Meyer, Fairbanks, Howard, Dickson, Kotowski; Planning Di- rector Arthur A. Kee, Planner II Tim Haley, Engineer- ing Manager Bill Helms, City Attorney J. Robert Demp- ster, Recording Secretary Linda Dennis. APPROVAL OF T~INUTES July 26, 1983 It was moved by Commissioner Meyer, and seconded by Commissioner Howard, that the Planning Commission minutes of the July 26, 1983 meeting be approved as submitted. Motion carried unanimously (6-0-1). COMMUNICATIONS Mr. Kee noted that communications received pertain to specific items on the agenda and would be discussed at that time. CONSENT CALENDAR MM 83-06 Application of Mr. Robert Bryant for approval of a Bryant, R. minor modification to a sideyard setback to allow the construction of a second-story addition on pro- perty known as 1204 Fewtrell Drive in an R-1 (Sin- gle Family Residential) Zoning District. Commis~ibner Fairbanks reported that this item had been considered by the Site and Architectural Review Committee this morning. Letters have been provided by the property owner from surrounding residents stating they have no objection to this addition. The Committee is recommending approval. Mr. Kee noted that Staff is recommending approval, in that it is Staff's opinion that the construction of the addition would be in keeping with the past reduc- tions of side yards which have been approved by the Commission. It was moved by Commissioner Meyer, and seconded by Commissioner Fairbanks, that the Planning Commission approve MM 83-06. Motion carried unanimously (6-0-1). ~ ~ ~ ARCHITECTURAL APPROVALS S 83-11 Continued application of Dennis Kobza $ Associates Kobza, D, for approval of plans and elevations to allow the construction of an industrial building on property known as 70 Cristich Lane in a M-1-S (Light Indus- trial) Zoning District. -2- Commissioner Fairbanks reported that this item had been considered by the Site and Architectural Review Committee this morning. The Committee is recommend- ing a continuance in order that the applicant may address concerns expressed in the Staff Comment Sheet. It was moved by Commissioner Meyer, and seconded by Commissioner Fairbanks, that S 83-11 be continued to the meeting of August 23, 1983. Motion carried unanimously (6-0-1) . ~ ~ ~ PUBLIC HEARINGS ZC 83-04 Continued public hearing to consider the application Curtis, B, of Mr. Brian Curtis, on behalf of Daiwa House Corpora- tion of America, for a zone change from R-1 (Single Family Residential) to C-PD (Condominium-Planned Development) and approval of plans and elevations to allow the construction of 30 condominium units on pro- perty known as 440 ~, 456 Llewellyn Avenue. Commissioner Fairbanks reported that this item was considered by the Site and Architectural Review Committee this morning. The Committee is bringing this item forth without a recommendation in that there was only one Commissioner present at this morning's site meeting. Mr. Kee reviewed this application, noting that the presented development plan would allow the construction of 30 condominiums (10 ape-bedroom, and 20 two- bedroom units). A variety of one and two-story designs is indicated with the rear portion of the project, adjacent to single family homes, being restricted to single-story models. The rear property lisle setback is 20 feet. Staff is recommending approval, subject to conditions listed in the Staff Comment Sheet, and red-lining of the plans. DIr. Dempster stated that the second reading of the ordinance amending the General Plan for this property has been held up by the Council in order that they might receive specific plans for the property. The adjoining property owners (to the east) have worked with the developers to satisfy concerns, and have withdrawn their opposition to the project. Commissioner Fairbanks noted that the applicant has agreed to add one or two more trash enclosures; is shifting some parking spaces in the north east corner; and, that the fencing plan will be coming back for approval of the Planning Director. Commissioner Campos requested clarification of the east elevations. Commissioner Dickson asked for clarification of the building materials, and if the project contained any unusual setbacks. Mr. Kee indicated that the Architectural Advisor was satisfied with the infor- mation received on the building materials at this morning's meeting. Additionally, the project setbacks on the north and south property lines are within the require- _. meets of any other zoning district. The setback on the east property line is more than would be required in any other district. -3- Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Gary Coats, representing Daiwa House, reviewed the project noting that the center unit of the rear building has been excluded; that individual unit trash pickup will be provided by Green Valley Disposal Co.; and that the fencing will be installed per Staff's recommendation. He added that the 8' wall is being requested to insure the privacy of the adjoining properties. Ms. Suzanne Auger, 453 N. Carlyn Avenue, spoke in fawr of the project, noting the cooperation that has taken place between the property o~mers and the developers. She added that her only request is that the Planning Depart- ment insure that all conditions be carried through in the development process. Mr. Alvin Beckett, representing his mother who lives on Carlyn Avenue, noted his concern with the sewage problem in the area, the traffic in the area, and the possibility of future owners of these units being able to add a second story to the rear buildings. Mr. Kee explained that the plans for this project have been reviewed by all other city agencies and their recommendations are incorporated into the conditions of approval. The sewage problem will be taken care of, or there cannot be a development. Regarding the possibility of adding second-stories, Mr. Kee noted that any modification of this type would require a public hear- ing and review by the Corrnnission becar~se of the planned development designa- t ion. No one else wishing to speak, it was moved by Commissioner Howard, and second- ed by Commissioner Meyer, that the public hearing be closed. Notion carried unanimously (6-0-1). RESOLUTION N0. 2219 It was moved by Commissioner Meyer, and seconded by RESOLUTION N0. 2220 Commissioner Howard, that the Planning Commission adopt Resolution Nos. 2219 and 2220 recommending approval of the zone change from R-1 to C-PD, and approval of plans, elevations, development schedule and conditions of approval to allow the construction of 30 condominium units on property known as 440 ~ 456 Llewellyn Avenue (ZC 83-04). Notion carried with the following roll call vote: Discussion on Motion Commissioner Dickson commented that the presented project was well designed, and complimented the developers and residents for working together to address problems. Commissioner Fairbanks noted her agreement with Commissioner Dickson. She added that she would, however, be speaking against the motion noting her concern with the possible traffic impact on the R-1 area near the site; and that she would have preferred to see something with a lesser density __ or commercial use. Additionally, Commissioner Fairbanks expressed a concern that the common open space for this project is not close to the letter of the ordinance, in that there are three separate pieces of open space--two of which are rather small. -4- Chairman Kotowski noted that this project is one of the first he has seen that has been presented at the law end of the density scale that is not in the San Tomas Area. Vote on Motion AYES: Commissioners: Campos, Meyer, Howard, Dickson, Kotowski NOES: Commissioners: Fairbanks ABSE[~1T: Commissioners: Kasolas ~~~ 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, car wash, mini-market and to allow off-sale beer ~ wine on property kno~n as 570 E. Hamilton Avenue and 587 Salmar Avenue in a C-Z-S (General Commercial) Zoning District. Commissioner Fairbanks reported that this item was considered by the Site and Architectural Review Committee this morning, and the applicant is in agree- ment with the Committee's recommendation for a continuance. 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 Meyer, and -- seconded by Commissioner Fairbanks, that UP 83-06 be continued to the meeting of August 23, 1983 in order that revised plans may be submitted. Motion carried unanimously (6-0-1). ~ ~ ~ UP 83-09 Continued public hearing to consider the application of Beever, M. Mr. Michael Beever, on behalf of the Campbell Union School District, for a Use Permit and approval of plans to allow the construction of two baseball diamonds, a snack shack, and bleachers on property known as 4450 McCoy Avenue in a P-F (Public Facilities) Zoning District. Mr. Kee reviewed this application, noting that it was continued from the meeting of July 26, 1983 in order to allow time for the representatives of the Campbell Bobby Sox to meet with residents in the area. The Commission may recall that several residents had expressed concerns regarding noise, a masonry wall, and vandalism. It is Staff's understanding that a meeting between the residents and Campbell Bobby Sox was held Monday, August 8, 1983. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Dr. Michael Beever, Campbell Union School District, reported on the meeting ,- with the residents. The consensus of the property owners adjoining the field is that they would like an 8' high chain link fence, and that the existing fence that runs along the alleyway on the school property should remain. The Bobby Sox has received a letter from the adjacent church giving permission to -5- use the church parking facilities for ballgames. Additionally, the entire ballfield will be fenced off, and closed to foot traffic when not in use. Commissioner Fairbanks asked if X11 three of the adjoining property owners were in agreement regarding the chain link fence; and, would the fencing around the ballfield preclude foot traffic into that area. Dr. Beever responded that all three property owners were in agreement re- garding the fencing; and, that the ballfield fencing would not allow foot traffic into the area, it will be gated and locked except during games. Commissioner Dickson asked if the neighbors have been informed of the play- ing hours for the baseball teams and soccer games, and what the season for soccer was. Dr. Beever indicateu that the neighbors have been informed regarding the playing hours for the baseball games, however, he was not certain of the hours for soccer. Chairman Kotowski asked what Board Policy 1410 included. Dr. Keever noted that Board Policy 1410 cited the allowable uses for school district facilities. Mr. Al Pregliasco, 1540 McCoy Avenue, spoke for the three adjoining property owners, noting their agreement with the school district as indicated by Dr. Beever. Mr. Ray Perales, 1445 Theresa Avenue, thanked the Commission and the residents for allowing the Bobby Sox organization to be apart of this community. 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 (6-0-1). Commissioner Kasolas entered the Council Chambers at 8:30 p.m. RESOLUTION N0. 2221 It was moved by Commissioner Dickson, and seconded by Commissioner ~-bward, that the Planning Commission adopt Resolution No. 2221 approving UP 83-09, subject to conditions listed in the Staff Comment Sheet. Motion carried with the following roll call vote: Discussion on Motion Commissioner Fairbanks noted her appreciation to the School District for bringing this application before the Commission as a courtesy and for working with the residents to solve possible problems. Commissioner Fairbanks continued that she would, however, be speaking against the motion because it is her feeling that public property is for the public, and she has difficulty with limiting the use of that property. Vote on Mot ion AYES: Commissioners: Kasolas, Campos, Meyer, Howard, Dickson, Kotowski NOES: Commissioners: Fairbanks ABSENT: Commissioners: None ~ ~ ~ -6- ZC 83-06 Continued public hearing to consider the application Garcia, N. of Mr. Norman Garcia fora zone change from R-M-S (N~.iltiple Family Residential) to PD (Planned Develop- ment/Low-Medium Density Residential) and approval of plans and elevations to allow the construction of 7 townhomes an property know as 93 Shelley Avenue. NIr. Kee stated that a letter requesting a continuance has been received from the applicant (attached hereto). Commissioner Fairbanks reported that this item had been before the Site and Architectural Review Committee this morning. She reviewed the proposal, noting that redlining on the plans indicates bomanite paving to break up the driveway; mailboxes to be located in the front of the development; a tree to be removed; and there will be individual trash disposal service. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Commissioner Dickson stated that if this item is going to be continued, he would request that it be continued to the first meeting in September, because he will not be here for the August 23 meeting and has definite comments on this proposal. Commissioner Dickson continued t~!at be felt this proposal was a typical example of the "fortress" effect with the density on the high end of the scale. He felt that the requirements for open space foro~s develop- ers into this type of design, and if the Commission is going to be firm about the open space requirements, it must also be insistent in requiring more creative designs. It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that ZC 83-06 be continued to August 23, 1983. Notion carried with a vote of 6-1-0, with Commissioner Dickson voting 'ho". Commissioner Dickson stated that he felt his request for continuance to the first September meeting was valid, and should be given consideration. Commissioner Kasolas stated that the Commission has assumed the responsibility to act on items before them, and that the Commission should be to serve the applicants, not themselves. ~ ~ ~ TS 83-04 Tentative Subdivision Map: Lands of Piatti Lands of Piatti APN 413-25-16 (93 Shelley Avenue). Nfr. Kee stated that Staff is recommending this item be continued to August 23, 1983 in that it is directly related to the previous item on the agenda. It was moved by Commissioner Meyer, and seconded by Commissioner Fairbanks, that TS 83-04 be continued to the meeting of August 23, 1983. Notion carried with a vote of 6-1-0, with Commissioner Dickson wting "no". ~~~ - The Commission took a break at 8:40 p.m.; the meeting reconvened at 8:50 p.m. ~~~ -7- ZC 83-07 Continued public hearing to consider the application New Almaden of the New Almaden Development Company for a zone Dev. Co. change from R-1 (Single Family Residential) to PD (Planned Development/Medium Density Residential) and approval of plans and elevations to allow the con- struction of 7 townhomes on property known as 107 ~, 119 E. Latimer Avenue. Commissioner Fairbanks reported that this item was considered by the Site and Architectural Review Committee this morning. Details discussed included the fencing on the street frontages, 6' fencing along the northerly property line, redlining of plans indicating increased unpaved area around a tree to be re- tained, and Landscaping. Commissioner Fairbanks noted her personal concern regarding the decks, in that they impinge upon the setback by about 1'--and the adjoining property is R-1. The applicant has agreed to introduce landscaping along the property line abutting the R-1 house, and is willing to try to keep the project's open space private with the use of landscaping. Chairman Kotowski asked what will happen with the existing structure on this property; and, what colors are being proposed for the development. Mr. Kee indicated that the existing structure is to be demolished; and, the colors for the development are to come back before the Site Committee. 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 Meyer, and seconded by Commissioner Howard, that the public hearing be closed. Motion carried unanimously (7-0-0). RESOLUTION N0. 2222 It was moved by Commissioner Kasolas, and seconded by RESOLUTION N0. 2223 Commissioner Meyer, that the Planning Commission adopt Resolution No s. 2222 and 2223 recommending approval of ZC 83-07 subje~ to conuitions listed in the Staff Comment Sheet and redlining of plans. Motion carried by the following roll call wte: Discussion on Motion Commissioner Dickson stated that he felt the Commission had no ,right to approve a development like this backing up against an R-1 area. The PD ordinance states that it should be a better use, and he did not feel that this type of develapment is a better use, in that it intruded into the setback area. He stated that he would be speaking against the motion. Commissioner Howard stated that he is also opposing the motion, in that he felt tmcomfortable that the patios faced out over an R-1 area. Chairman Kotowski asked what the amount of the variance to the setbacks was. Mr. Kee noted that the amount is approximately 18" which impinges into the ordinary setback. He added that there is a project on Central $ Grant Avenues with a similar situation, which appears to work well. -8- Vote on Mot ion AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Kasolas, Campos, Howard, Dickson None Meyer, Fairbanks, Kotowski ~ ~ ~ ZC 83-08 Continued public hearing to consider the application Nelson, H. of Mr. Hal Nelson, on behalf of Nelson/Nbles Develop- ment Co., for a zone change from PD (Planned Develop- ment/High Density Residential) to C-PD (Condominium- Planned Development/High Density Residential) and approval of plans and elevations to allow the con- struction of 6 condominium units on property known as 962 Apricot Avenue. Commissioner Fairbanks reported that this item was considered by the Site and Architectural Review Committee this morning. The Committee is recommending approval . Mr. Haley reviewed the proposal, indicating that the applicant has addressed all concerns expressed by Staff. Staff is of the opinion that although the 10' setback provided is less than that which would be typically required in an R-3-S Zoning District, the created yard areas are more useable whem the building is skewed on the site. Therefore, Staff is supporting the proposed setbacks for this project, and is recor~nending approval . Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Roger Griffin, Architect, reviewed the project for the Commission and noted that the applicant is in concurrence with all conditions of approval. No one else wishing to speak, it was moved by Commissioner Fairbanks, and seconded by Commissioner Meyer, that the public hearing be closed. Motion carried unanimously (7-0-0). RESOLUTION N0. 2224 It was moved by Commissioner Kasolas, and seconded by RESOLUTION N0. 2225 Commissioner Meyer, that the Planning Commission adopt Resolution Nos. 2224 and 2225 recommending approval of ZC 83-08 subject to conditions listed in the Staff Comment Sheet and redlining of plans. Motion carried with the following roll call vote: Discussion on Motion Commissioner Dickson expressed a concern with using a PD to get around the zoning requirements, and felt that setback requirements were violated in this project. Vote on Motion __ AYES: Commissioners: Kasolas, Campos, Meyer, Fairbanks, Howard, Kotowski NOES: Commissioners: Dickson ABSENT: Commissioners: None ~ ~ ~ -9- Commissioner Kasolas commented that the use of PD has been an excellent means __ of bringing about the development of Apricot Avenue and made this a very attractive area for people to live in. He felt that the use of PD's should be continued for the good of the community. Commissioner Dickson stated his agreement that the PD ordinance is a very helpful and strong ordinance, but it does provide-that what is being done should be a higher and better use. He felt that the Commission should be supportive of zoning requirements, and that if the PD is used, it should be for less density and better designs. ~~~ MISCELLANEOUS PD 81-08 Request of S $ Q Architectural Construction, Inc. for TS 81-22 the reinstatement of a previously approved Planned Development Permit and Tentative Subdivision Map and approval of modifications to the previously approved plans to allow the construction of 5 townhomes on property known as 114 Dot Avenue in a PD (Planned Development/Medium Density Residential [14-20 units per gross acre) ) Zoning District. Commissioner Fairbanks reported that this item was considered by the Site and Architectural Review Committee this morning. Discussion included method of - trash collection (individual unit); color will be a weathering stain; garage trim will be simplified; and, the project footprint will be reversed. Addi- tionally, Condition U should be eliminated in that it is no longer applicable'. The Commission questioned the amount of open space provided, the setbacks for the project, and the parking. Mr. Kee responded regarding the open space, these units are townhomes, rather than condominiums, and there are no specific requirements for open space in this situation. The setbacks are within the code requirements, and the parking provided meets code requirements. It was moved by Commissioner Kasolas, and seconded by Commissioner Campos, that the Planning Commission approve the reinstatement of PD 81-08 and TS 81-22, subject to previous conditions of approval, elimination of Condition U with the concerns being addressed by the reversal of the footprint, and the added condi- tion regarding the paymalt of a fee in-lieu of dedicating land for park purposes. Motion carried unanimously= ~ ~ ~ Request of Request of Gavilan Computer Corporation for approval of Gavilan Corp. use of six trailers for additional office space on pro- perty known as 240 Hacienda Avenue in a CM:B-80 (Con- trolled Manufacturing) Zoning District. Commissioner Fairbanks noted that this item was discussed by the Site and Archi- tectural Review Committee. There is a change in the request, in that there will only be three trailers (not six); however, the space taken by these three trailers -10- will be the same as for the six because the three trailers are double-sized. Mr. Haley stated that Staff is recommending approval of this request, subject to conditions as listed in the Staff Comment Sheet. It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that the Planning Commission approve the request of Gavilan Computer Corpora- tion for the use of three trailers for additional office space, subject to the conditions that (1) use of trailers shall be terminated no later than June 30, 1984; (2) trailers shall be removed from the property within 30 days after use is terminated; and (3) applicant to secure any required Building and Fire Department clearances. Motion carried with a vote of 6-1-0, with Commissioner Dickson wting "no". ~~~ ADDITION TO AGENDA GP 77-2 Request from City Attorney for approval of a revised Hamburg, M. development schedule for GP 77-2, Campbell Inn, 675 E. Campbell Avenue. Mr. Dempster stated that the Commission has received a special request from the City Council to approve a revised development schedule for the Campbell Inn (GP 77-2). Development schedules for this project have been revised prior to this evening, with the last schedule calling for completion of the project by September 1981. The City is in the process of receiving an ease- ment for the bicycle path along the creek through this property. The City has taken the stand that the building permit has expired, and an agreement has been worked out with the property owner that Staff will recommend to the City Council and the City Manager that a building permit will be rein- stated on the condition that a recordable easement is given to the City. Mr. Dempster asked that the Commission approve the following development schedule: "Construction has commenced on the project, and completion of construction shall be one year from the date of City of Campbell Planning Commission approval of the Revised Development Schedule, or issuance of a new building permit, whichever event takes place at the latest date." Commissioner Kasolas asked if the approved plans require an easement for a bicycle path. Mr. Kee noted that the easement is not identified, ,but it is addressed on the originally approved plans. It is now necessary to identify the easement, revise the development schedule, and get anew building permit. Chairman Kotowski requested that any correspondence pertaining to this dis- cussion, received by the City Attorney, be attached to the minutes. Additionally, he asked how long ago did the building permit expire for this project. Mr. Dempster noted that, in the developer's opinion, the permit has not expired. The City is attempting to negotiate this to avoid legal problems. It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that the Planning Commission approve the revised development schedule, as stated earlier by the City Attorney, for GP 77-2. Motion carried unanimously (7-0-0). ~~~ -11- MISCELLANEOUS Referral from Referral from the Santa Clara County Intergovernmental I.G.C. Council (I.G.C.) to consider the BASS Task Force Resolu- tion. Mr. Kee reported that the I.G.C. is recommending that the cities within Santa Clara County, and the County, consider several changes to the current land development approval process, and how they might be implemented in each juris- diction. The suggested changes are indicated in the attached memorandum, and Staff's responses are indicated under the heading "response." Staff is re- commending that the Commission endorse the Staff's response, and forward this item to the City Council for its' consideration. It was moved by Commissioner Fairbanks, and seconded by Commissioner Meyer, that the Planning Commission endorse Staff's responses, and fororard this item on to City Council. Motion carried unanimously (7-0-0). ~ ~ ~ OTHER TTEMS BROUGHT UP BY COT~IISSIONERS Commissioner Fairbanks requested Staff to check on a fence installed in the 1400 block of Hacienda,pertaining to approvals and setbacks. Corrunissioner Kasolas requested Staff to check into the burnt-out house on Elam Avenue to see what might be done. Chairman Kotowski suggested that the Commission may wish to review the ordinance pertaining to maintenance of autos in front yards, etc., and the parking of vehicles over 10,000 lbs. on residential streets; and, asked that Staff check into the situation of a house on Campbell Avenue, across the street from the Campbell Christian School, which has several cars parked on the front lawn area. Additionally, coverage for the Site and Architectural Review Committee was discussed. It was the consensus of the Commission that Commissioner Campos will cover the meeting of August 23, 1983; and Commissioner Dickson will cover the meetings of September and October. The meetings will start at 7:45 a.m. AIlJOt TRNM©V'I' It was moved by Commissioner Kasolas, and seconded by Commissioner Dickson, that the meeting be adjourned. The meeting adjourned at 10:10 p.m. APPROVED: Michael F. Kotowski Chairman ATTEST: Arthur A. Kee cretary RECORDED: Linda A. Dennis cor ing cretary