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PC Min 07/12/1983PLANNING COMMISSIN CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES JULY 12, 1983 The Plannng 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:~5), Campos, rteyer, lioz:~ard, Pic}:son, Koto~aski; Planning Director Arthur A. ~:ee, Principal Planner Philip J. Stafford, City Attorney J. Robert ?~pster, Engineering Technician I Jim Peno~~er, Recording Secretary Linda Dennis. Absent Commissioner Fairbanks, Engineering Manager Bill Helms. AT'PR(n'AL CF ;~ tI NtTI'ES June 28, 1983 It was moved by Commissioner Howard, and seconded by Commissioner 1.9eyer, that the Planning Commission approve the minutes of June 28, 1983 as submitted. 1•totion carried unanimously. CO` r t' ~ I CaTIO\S i -- ~,_.__; "•Ir. Kee noted that the Commission has before it this evening, a revised Staff Co*~rnent Sheet on Item '`?o. 2; a report from the Police Chief regarding Item No. 3; and information regarding a Planning Commission taorkshop. Any other items of commu*iication pertain to specific agenda items and iaill be discussed at ~..,a t~.ae. TS 83-03 Tentative Subdivision A9ap: Lands of Colony Executive Colom~ Executive Offices (APN 279-27-30), 1550 S. 1~'inchester Blvd. Offices It 1•:as moved by Commissioner 1`teyer, and seconded by Commissioner Howard, that the Planning Commission find this tentative subdivision map in accord with the General Plan, and make a recommendation of approval to the City Council, subject to conditions attached. Alotion carried uuuanimously. ARCHITECTi11tAL APPP.0~'ALS PD 81-06 ('.ontinued consideration of revised plans to allotti the Capitola Knolls construction of an office building on property known Investors, Inc. as 901 Campisi t''ay in a PD (Planned I?euelopment/Com- mercial) Zoning District. _ ~; -2- C~mmi~sioner Campos reported that this item had been considered by the Site ~~, ? ~rc~~itc~ctural Review Committee this morning, and the Committee is coming before the Commission without a recommendation in that it was felt that this -- should be reviewed by the entire Commission. qtr. Kee reported that on January 11, 1983 the Planning Commission reinstated plans for PD 81-06 and added the following condition: "Applicant to submit revised site plans (prior to issuance of a building permit) for the approval of the Planning Commission indicating the new public street alignment accord- ing to standards of the Public ~~~orks Department." Staff is recommending approval of the revised plans (marked Exhibit A) which indicate a new public street alignment. '~fr. Kee continued that as part of a previous submittal, the applicant submitted a revised landscaping plan for consideration of the Site and Architectural Re- vie~c Committee. At the Committee's meeting this morning, it Baas the Committee's preference to refer the landscape plan to the full Commission. Staff is also recommending approval of this revised landscape plan in that it addresses all the concerns expressed previously by Staff, and is in general conformance t;ith previousl~• approved landscape plans by introducing trees along the access road, the introduction of additional types of ground cover, and the provision of a planting area along the retaining wall in the south parking area. It ~;as moved by Commissioner rieyer, and seconded by Commissioner Howard, that the Planning Commission approved the revised plans marked Exhibit A indicating a ne?+- public street alignment. T'btion carried unanimously. It i•;as moved by Commissioner Howard, and seconded by Commissioner Campos, that .~ : ~~rrirg Commission approved the revised landscape plans for PD 81-06. '~btion carried unanimously. c c-,_r- Continued application of TTr. James Heilbronner on Heilbronner, J. behalf of the Baja Saloon for approval of plans and elevations to allow the addition of an outdoor eat- ing area to an existing restaurant and bar on pro- perty known as 499 E. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. °•1r. Kee reviewed this application for the Commission, noting the cormmmication from the Police Chief (read into the record and attached hereto). This item had been continued from the meeting of June 28, 1983 in order that additional information could be submitted pertaining to the parking on this site. This information has not been received from the applicant, and Staff is recommend- ing denial due to insufficient parking. It Baas moved by Commissioner Howard, and seconded by G:mmissionPr Campos, that the Planning Commission decry S 83-07 as presented. Tbtion carried unanimously. Discussion _ Chairman Kotowski asked about the possibility of pursuing the problems which ~; are been brought to the attention of the Commission during consideration of this application, and as stated in the comet nication of the Police Department. -3- T'tr. Kee indicated that the Commission may wish to refer this situation to Staff, and to inwlve other City departments. A report could then be brought i;ac;. to the Commission. From a planning standpoint, there does not appear to be anv zoning hiolations; however, there may be other sections of the code that are not being adhered to. 1`ir. Kee noted that Staff could come back to __ the Commission with a report discussing some possible mitigations. Commissioner Campos noted that parking teas discussed at the time of the ori- ginal expansion of this use, and it nova appears to have gotten out of hand. Commissioner Dickson commented that this use is within the zoning ordinance, and yet is causing problems. Perhaps Staff can come up with some suggestions on how to fix the ordinance so that the Commission can address situations like this. ~** S 83-08 Application of r'Ir. Jim I9oodson on behalf of Lincoln Lincoln Pro- Property Co. for approval of plans and elevations to pert}' Co. allow the construction of a 178-unit apartment com- plex on property known as 325 Union Avenue in a R-3-S (multiple Family Residential) Zoning District. Co,~'ssioner Campos reported that this item had been before the Site and Archi- tectural Reviei, Committee this morning, and the concerns expressed in the Staff Report were discussed extensively. The applicant has agreed to compl}• with all the recommendations of the Staff and the Committee is recommending approval. ''^---~issioner Dickson questioned the compact parking ratio provided on this ae ~-e lopment . 1Ir. Kee noted that this project provides approximately 35o compact parking, and the zoning ordinance allows up to 40% compact parking. Tir. Kee reviet~~ed *he ^roject for the Commission, noting that Staff is also recommending approval. Commissioner Dickson noted that although this project was at the high end of the density scale, he felt the design was outstanding as -aell as the la}rout, and he is in favor of approving this application. It was moved by Commissioner Howard, and seconded. by Commissioner rieyer, that the Planning Commission approve S 83-08, subject to conditions as listed in the Staff Comment Sheet (attached hereto) . Afotion carried unanimously. *** S 83-09 Application of T1r. Richard Pasek for approval of plans Pasek, R. and elevations fora 4,500 sq.ft. warehouse building on property kno-an as 885 AlcGlincey Lane in a Pi-1-S (Light Industrial) Zoning District. Commissioner Campos reported that this item had been considered by the Site and Architectural Revieti~ Committee, and the Committee is recommending approval. He noted that the Committee expressed concern about the landscaping on this site and felt that there should be rrore landscaping provided. The Committee is there- fore recommending that the landscaping plans be returned to them for review. __ -4- It i.a_ moved by Commissioner Dickson, and seconded by Commissioner '~1eyer, that the Planning Commission approve S 83-09, subject to conditions as stated in the Staff Comment Sheet (attached) and redlining of plans. T'btion carried unani- -- mously. Commissioner Kasolas entered the Council Chambers at 8:05 p.m. *** PlJSLI C HEARINGS ~' 83-03 Continued public hearing to consider the application of 1ti'est, L. h1r. Lewis Nest for a variance to Section 21.08.020(7) of the Campbell T'hmicipal Code to allow (1) a variance from 5' to 1' for the required sideyard setback; (2) a variance from 10' to 5' for the required setback beti.~een buildings; and (3) a variance to the requirement that an accessory building be located on the rear half of the lot, on property known as 1350 Juanita jVay in an Interim (Low Density Residential) Zoning District. }tr. Kee reported that it is the policy of the City to permit structures which were in conformance izth the requirements of the County to continue to exist when the ; -~,~ property is annexed to the City. 'These are known as legal nonconforming structures . ?~'~.~': this in mind, the City Attorney has determined that a variance to Campbell's ~et~act: requirements to allow the existing accessory building to remain on the sub- ject propert}• is not necessary. Therefore, this item should be removed from the agenda. Staff is also recommending that the application fee be refunded. Chairman Koto~,rski declared the public hearing open and invited anyone in the a;~ri ence to speak for or against this item. 'qtr. Henry Daggett, 102 Lu Ray Dr., Los Gatos, property owner of adjoining parcel, appeared before the Commission to note that the building in question was actually built 11" from the property line, that it has been occupied as a living unit for several years, and to ask ho~a maintenance of this structure could be performed 1•rithout trespassing onto his property. Additionally, A'Ir. Daggett noted that he ~.as unable to locate electrical, gas, and plumbing permits for this structure. 1-1e asked Atr. Kee to clarify these points. :qtr. Kee stated that pertaining to the setbacks, a determination was made by a County building inspector that the building met the County requirements. Since this was done prior to annexation of this property into the City, the City cannot become involved. Regarding the two living units on the site, Staff has advised the property oianer that this property is not approved for two living units, and use of one of the units must cease. The subject of building maintenance would be a civil matter. ~'o one else wishing to speak, it was moved by Commissioner Ptever, and seconded by Commissioner tio~aard, that the public hearing be closed. ~btion carried •~, unanimously.. -5- RESOLiTIIO\ Nn. 2207 It was moved by Commissioner T+ever, and seconded by Commissioner Dickson, that the Planning Commission adopt Resolution No. 2207 removing ~~ 83-03 from the agenda; and., that the Planning Commission recommend to the City Council that the application fee of 5150 be refunded. rbtion carried ~+~ith the following roll call vote: APES: CorTUnissioners: Campos, rieyer, Dickson, Y.otowski rCES: Commissioners: Kasolas, Howard ABSF~+'T: Commissioners: Fairbanks * * ~ iTP 83-07 Public hearing to consider the application of *Tr. l;alton, "f. Ttichael !4alton on behalf of ti9ickland Oil Company for a use permit and approval of plans to allow the construction of a mini-market and gas station and approval of off-sale beer and wine on propert~~ known as 1860 lV. Campbell Avenue in a C-1-S (`:eigh- borhood Commercial) Zoning District. Commissioner Campos reported that this item had been before the Site and Archi- tectural Review Committee this morning, and the Committee is proposing a con- tinuance to June 26, 1983. Concern was expressed regarding the amount of land- scaping, treatment of the building, and parking. Comru ssioner Kasolas expressed his concern *_hat this type of project ended .::~ ,~;it}; so many par):ing spaces and so little landscaping, and noted that it did not appear that this much parking was needed for this type of operation. ~+r. Stafford noted that parking was discussed at this morning's Site meeting. One of the reasons for recommending a continuance is so that the applicant ~;--'~* stk'~mit additional information supporting the proposed parking. _b._~ Commissioner Kasolas noted that there are several of these operations in San Jose, and that most of these uses in the downtoi+'n area of San Jose have very little parking yet work efficiently. He asked what the parking ratio for this type of sse would be in San Jose, and what San Jose's experiences rave been. Chairman Kototi,~ski declared the public hearing open and invited anyone in the audience to speak for or against this item. ?~Io one wishing to speak at this time, it was moved by Commissioner TTeyer, and seconded by Commissioner Dickson, that l1P 83-07 be continued to the meeting of July 26, 1983. Tb tion carried unanimously. *** iJP 83-08 Public hearing to consider the application of Dir. p~~ J, John Puma for a use permit to allow a lot split and the construction of an additional single family re- sidence on property known as 1285 Peggy Avenue in an Interim (Low Density Residential) Zoning District (less than 3.5 units per gross acre). -6- Commissioner Dickson reported that this item was considered at the Site and :1i~~l~i:cctural Revie~+~ Committee meeting this morning. The Corrrmittee is re- -- commendinfi a continuance because the (;eneral Plan for this area has bee~~ changed to Loy+~ Density Residential and has not been considered by the City Council vet. The applicant is in concurrence with this recommendation. Ttr. hee noted that Staff is recorrmiending a continuance to August 23, 1983. Chairman Rotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. ?~Io one t+~ishinb to speak at this time, it was moved by Commissioner Howard, and seconded l~~ Commissioner Tleyer, that the Planning Commission continue itF 83-08 to the meeting of August 23, 1983. Motion carried unanimously. iTP 81-17 Public hearing to consider the application of *1r. (~bdification) Steve 'Thomas for approval of a modification to a Thomas, S. previously approved use permit to allow the con- struction of an outdoor dining deck area on pro- perty known as 30 S. Central Avenue in a PD (Plan- ned Development/Commercial) Zoning District. Commissioner Dickson reported that this item was before the Site and Archi- tectural Reviei+r Committee this morning. The Planning Commission had, some time ago, recommended that the deck be approved; however, when the item ~+~ent before the Council, they recommended that the deck be continued until a later tL-~e. "?7:e Corunittee is for•aarding this item to the Commission at this time i+~ith a recommendation for approval. '~1r. Stafford reported that in its motion to approve the application for re~~isions to the Bodega (now Gilbert Zapp's) the Council moved to dem- ti~:i;:hout prejudice on the deck, allowing the applicant to come back Faith the proposal at a later date. At that time the Bodega was a nightclub with an intense use. Police Department records reflect that several meetings ~+~ere held between September and December 1982, and a private security force ti+-as hired for the Factory area. The number of occurrences has significantly decreased since the employment of this private security force. There is ade- quate parking assigned to this site through the parking district; and, the restaurant has 208 seats at this time. Additionally, the Bodega has since been changed to Gilbert Zapp's and is more of a restaurant use than a night- club. They no longer have live entertainment, and are open during the lunch hour. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. T1r. Steve Thomas, 14380. Oka In., Los Gatos, appeared before the Commission to speak in favor of this modification, noting that the intensity of use i°ce Gilbert Zapp's is spread throughout the day, and that the number pf po calls have lessened considerably since the hiring of the private security force. He stated that the final phase for completion of Gilbert Zapp's is the outdoor eating deck which will be used primarily for the lunch hour. -7- No one else wishing to speak, it was moved by Commissioner Ifoward, and seconded h~- C~;nmissioner 1`feyer, that the public hearing be closed. T'btion carried unani- ~:r.:u~.i~•. RESOLi1TI~N N0. 2208 It was moved by Commissioner Kasolas, and seconded by Commissioner A1e~*er, that the Planning Commission ado- t Resolution No. 2208 approving tIP 81-17 (Tbdification~ allo~,~ing the construction of an outdoor dining deck, subject to conditions as listed in the Staff Comment Sheet. Potion carried with the following roll call vote: APES: Commissioners: Kasolas, Campos, )`9eyer, Howard, Dickson, Kotol•;ski NOES: Commissioners: None ABSE\'T: Commissioners: Fairbanks TA 83-05 Continued public hearing to consider Cite-initiated Cite-initiated proposed amendments to Chapter 21.68 (Signs) of the Campbell Thmicipal Code. 'qtr. Kee outlined the changes proposed to the ordinance and reported on the histor~~ of the current proposals. A letter from the Chamber of Commerce, dated June 9, 1983, was read into the record b~• the Recording Secretan~ (attached hereto). ~...dii-;aan I:otoicski declared the public hearing open and invited anyone in the audience to speak for or against this item. • ?~1r. Kent Kirkorian, 106 Longmeadot~ Drive, Los Gatos, appeared before the r^~^.ission to address the proposed sign ordinance and the existing sign ~r~ir~ance. He noted that the main concerns of people who spoke at the February 1, 1983 City Council meeting opposing the ordinance were that the ordinance had no provisions for "grandfathering" e~sting signs, cost in replacing signs, competition faith larger signs in San Jose, loss of business, customer difficulties in locating services, vandalism of smaller signs, and the discouragement of expansion of existing facilities because of nel,~ sign requirements when expanding. 1•ir. Kirkorian continued that he did not feel that the present ordinance would stand up to a legal challenge. He requested that all signs that were once legally erected be allowed to remain and that a "grandfather"~ clause be adopted. Commissioner Kasolas asked 1•~r. Kirkorian how many signs -,Tould be affected at his business by the ordinance. 1`~. Kirkorian indicated that there would be five signs and estimated replace- ment costs to be betiaeen X150,000-$225,000. 1`ir. Frank Bertolocci, Controller for Kirkorian Developments, spoke in favor of "grandfathering" all existing legally created signs. P~1r. '•fichael Atherton, 289 San Antonio Rd., Los Altos, spoke in favor of "~randfathering" existing signs also, citing financial reasons and that - 8- these signs leere created legally under the laws of the City at the time of c~nstr~.~ctian. lle noted that the only thing expressed as being unfair tair_h the ""rv~dfather" clause is that the new businessmen feel they cannot compete becatLSC of the new signing regulations. }ie added that the state legislation pertaining to sites is before the Assembly, but has been delayed. ©~airman Kotoi;ski asked 1`tr. Atherton is he found the revisions acceptable as requested, on behalf of his clients. '~ir. Atherton stated that he Baas his belief that the position of everyone has been that the~• ~,~ould like a straight "grandfather" clause for legally erected signs. There is not an agreement with the 'Tlon-conforming" section of the proposed ordinance. `lr. Ted Rogers, Campbell Chamber of Commerce, noted that the Chamber's position is as stated in the letter dated June 9, 1983. ~}r. Steti-e Herrera, 2283 Riverbed, San Jose, stated that the roof on Thompson's Automotive (Camden Auto) has been in existence for years, brings about 300 of their business in, and they would like to keep it. ~L . Beverly Trujillo, 3490 T~}aresa Ave. , San Jose, owner of Antonio's Pizza stated that she l,~ould like to see the City stand behind the businessmen and allow them to keep their existing signs. 'qtr. l;alt LeGrande, 2274 Central Park Drive, Campbell, owner of LeGrande Auto, stated that it 1,~ould cost him approximately X20,000 to replace his sign. He spoke in favor of "grandfathering". Commissioner Dickson asked ?sir. Rogers if he had any comments from net,' businesses that ha~-e been established since the sign ordinance went into effect. `~fr. Rogers stated that he could not recall any, and that most comments here from ~~-~ =r;rrt hu_sinesses. One exception taould apply to the low signs that might obstruct traffic vision. 'vo one else wishing to speak, it was moved by Commissioner Kasolas, and seconded by Commissioner '•ieyer, that the public hearing be closed. rbtion carried unani- mously. Discussion Corunissioner Kasolas expressed difficulty with the 14' height limitation on the basis of comments relegating people to monument signs, and the to>>~ signs causing visibility problems for traffic. He asked for clarification regarding political signs; and, commented that he had never heard anyone speak against "grandfathering" existing legally erected sites. Chairman Kotoi,tski asked about the enforcement of nonconforming signs. lair. Dempster noted that the procedure consists of a meeting ~oith him here at City Hall, and that the only time a person is cited is iahen they are in flagrant violation. }le added that "reasonableness" is always maintained. -9- RESOLi1TI0N N0. 2209 It was moved by Commissioner Kasolas, and seconded by Commissioner Campos, that the Planning Commission adopt Resolution No. 2209 recommending that the City Council adopt the amended Sign Ordinance as proposed by Staff with the following changes: • Page 2 21.68.020(=) "Roof Sign" means a sifin that is rrounted upon or a ove a parapet or eave of a building or structure, or above the highest point of the ridge line. 21.68.030 Omit maintained, ap inted. Page 7 21.68.090 0)(8) Service station price signs shall con orm to estate standards. Page 8 21.68.150 (a) Signs which are latafully in existence and in use prior to and at the time of the legal adoption of the ordinance codified in this chapter, may remain in use even though they do not conform with the provisions of this chapter, until there is a change in the business or a sign is signi- ficantly modified. Discussion of 1`fotion '~~r:-^issioner Dickson stated that he is in favor of the intent of a "grandfather" clause; however, he has misgivings because every neia business or business that changes its sign has to conform to the existing ordinance, and this presents discriminations. He noted that at the time the ordinance was considered, public hearings were held and many people present this evening were aiti~are of the require- ^.e.^.?-s of the ordinance. Vote on P•bt ion 1•btion carried with the following roll call vote: AYES: Commissioners: Kasolas, Campos, Afeyer, Howard, Kototaski NOES: Commissioners: Dickson ABSENT: Commissioners: Fairbanks **~ The Commission took a break at 9:25 p.m.; the meeting reconvened at 9:35 p.m. ~~* AII SCELLANEOUS V 83-01 Referral from the City Council for reconsideration of DfcClements, J. the application of 1•tr. John 1`9cClements for a variance to the fence height requirement fmm 6' to 7', and for a variance to the front yard setback from 15' to 10' on property known as 1244 Harriet Avenue in an Interim (Low Density Residential) Zoning District. -10- 1.1r. Kee reported that the applicant has requested that this item be withdrawn frv,n the agenda. It was moved by Commissioner Dickson, and seconded by Commissioner Afeyer, that ~' 83-01 be removed from the agenda. Abtion carried unanimously. Atr. Kee noted that this item would be for-aarded to the City Council with the notation regarding the applicant's request. Request Request for the Planning Commission to classify a muffler shop as an allowed use in a C-1 zoning district, subject to the approval of a use permit. rir. Kee reported that the Commission has received a request from Tfr. Dan Orloff to classify a muffler shop as an allowed use in the C-1-S (Neighborhood Commercial) Zoning District. Section 21.22.030(1) of the C.r1.C. provides the Commission t,ith the authority to determine other uses in the C-1-S district which may be permitted by use permit. Tir. Kee continued that Staff is recommending that the Commission adopt a resolution making the determination that a muffler shop is compatible with the character of the C-1-S zoning. By allo-aing this use, subject to a use permit, adequate safeguards can be taken to protect adjoining areas. Commissioner Dickson asked if the City had the proper means to insure that this t}•pe of operation will be carried on inside a building and to control the noise. '~fr. Kee stated that these requirements can be handled through the use permit process. RESOLUTIO\ N0. 2210 It was moved by Commissioner Howard, and seconded by Commissioner Kasolas, that the Planning Commission adopt Resolution No. 2210 making the determination that an automobile nn~ffler shop may be compatible with the character of the C-1-S (Neighborhood Commercial) Zoning District and add the use to the list of uses allowed by Use Permit. Dsotion carried unanimously. AYES: Commissioners: Kasolas, Campos, Tie}Ter, Howard, Dickson, Kotowski NOES: Commissioners: None ABSENT; Commissioners: Fairbanks ~** S 82-15 Request of Tir. Larry Hester for approval of a minor Hester, L. modification to previously approved plans a11o1.Ting the construction of a 6,516 sq.ft. warehouse build- ing on property known as 408 Industrial Street in a r9-1-S (Light Industrial) Zoning District. Commissioner Dickson reported that this item had been before the Site and Archi- tectural Review Committee this morning. The Committee is in agreement with Staff's recommendation for approval. He added that the applicant is aware of -11- conditions as listed in the Staff Conment Sheet. It was troved by Go~nissioner Kasolas, and seconded by Corrunissioner Meyer, that the Planning Co~rur-ission approve this request, subject to conditions as listed in the Staff Corrm-ent Sheet, and per redlining of plans. Notion carried taiani- mously. **~ 011~R ITII~LS BF.OUC~iT iJP B1' COA'~ff SSION Chairman Kotowski noted that Conunissioner Howard would not be able to serve on the Site and Architectural Review Corranittee for the remainder of the year, and requested volunteers to replace him. ADJOUR'~A1~'T It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer, that the meeting be adjourned. The meeting was adjourned at 9:50 p,m. APPROVED: T'lirhael F. Kotowski irman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis ecor ng Secretary