PC Min 04/26/1983PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
TUESDAY, 7:30 P.M. MINUTES APRIL 26, 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, Meyer, Fairbanks,
Howard, Dickson(8:17), 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 None
APPROVAL OF MINUTES
April 26, 1983 It was moved by Commissioner Meyer, and seconded by
Commissioner Fairbanks, that the Planning Commission
approve the minutes of April 12, 1983 as submitted.
Motion carried with a vote of 4-0-2-1, with Conxnissioners
Kasolas and Dickson being absent, and Commissioner Howard
abstaining due to absence on April 12, 1983.
COMMUNICATIONS
Mr. Kee noted that correspondence received pertained to specific items on the
agenda and would be presented at that time.
ARCHITECTURAL APPROVALS
S 83-03 Continued application of Mr. Jack Nelson for approval
Nelson, J. of plans and elevations to allow the construction of
a 10,890 sq.ft. industrial/office building on property
known as 1320 Whiteoaks Road in a M-1-S (Light Industrial)
Zoning District.
Commissioner Fairbanks reported that this item had been considered at the Site
and Architectural Review Committee meeting this morning. The Committee is re-
commending approval subject to redlining of the plans and conditions as listed
in the Staff Comment Sheet. This recommendation is based on the discussion with
the applicant this morning in that the Committee feels comfortable with the re-
commended changes coming back to the Planning Director for his approval.
Chairman Kotowski asked if the applicant is committed to the reduction in build-
ing square footage of approximately 1,000 sq.ft. to reduce parking required for
this project.
-3-
Mr. Kee stated that it is his understanding that with the conditons as
recommended for this project, the applicant would be committed to this
recommended reduction in building square footage.
It was. moved by Commissioner Meyer, and seconded by Commissioner Howard,
that the Planning Commission approve S 83-03 subject to conditions as listed
in the Staff Comment Sheet and as red-lined. Motion carried with a vote of
6-0-1, with Commissioner Dickson being absent.
S 83-04 Application of Mr. Gary Kraft on behalf of People's
Kraft, G. Restaurants, Inc., for approval of plans and ele-
vations to allow the construction of a 625 sq.ft.
addition to an existing restaurent (Jolly Roger) on
property known as 1555 S. Bascom Avenue in a C-2-S
(General Commercial) Zoning District.
Commissioner Fairbanks reported that this item had been considered by the Site
and Architectural Review Committee this morning. The Committee is recommending
a continuance to the meeting of May 10, 1983 in order that the applicant may
address concerns presented by Staff. The applicant is in agreement with this
continuance.
Commissioner Campos requested clarification on the occupancy levels as addressed
by the Fire Department.
Commissioner Fairbanks noted that the Fire Department, in it's comments, re-
stricted the occupancy of the restaurant to 170 people. The Committee has
suggested that the applicant discuss this with the Fire Department.
It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that
S 83-04 be continued to the Planning Commission meeting of May 10, 1983 in
order that the applicant may address concerns expressed by Staff and the Site
and Architectural Review Committee. Motion carried with a vote of 6-0-1.
S 83-06 Application of Mr. Marv Iverson on behalf of Pay-n-Pak
Iverson, M. Stores for approval of plans and elevations to allow
exterior modifications to an existing building and the
addition of a 4,382 sq.ft. mezzanine on property known
as 1750 S. Bascom Avenue in a C-2-S (General Commercial)
Zoning District.
Commissioner Fairbanks reported that this item had been reviewed by the Site and
Architectural Review Committee, and the Committee is recommending approval, sub-
ject to conditions listed in the. Staff Comment Sheet. The applicant is in agree-
ment with Committee and Staff recommendations, and will address these concerns
to the satisfaction of the Commission.
Mr. Kee noted that Staff is in agreement with the recommendation of the Committee.
-3-
It was moved by Commissioner Howard, and seconded by Commissioner Kasolas,
that the Planning Commission approve S 83-06, subject to conditions listed
in the Staff Comment Sheet. Motion carried with a vote of 6-0-1.
***
PUBLIC HEARINGS
PD 83-02 Continued public hearing to consider the application
Crocker, R. L. of Mr. Dale Drumm on behalf of R. L. Crocker , Inc.,
fora Planned Development Permit to allow the con-
struction of a 45,440 sq.ft. mini-storage warehouse
on property known as 241 W. Sunnyoaks Avenue in a
PD (Planned Development/Commercial, Office, or
Industrial) 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. Some of the items discussed in the Site meeting were: larger
unpaved area around the trees; a wider setback from the property line adjacent
to the residential area; the landscaping on the county right-of-way in the area;
and the traffic.
Mr. Helms noted that Public Works Staff has spoken with County Staff regarding
the landscaping on their property, and the County will be happy to trim the
landscaping. Additionally, Staff is comfortable that the applicant has addressed
the concerns expressed pertaining to traffic.
Commissioner Fairbanks noted her personal concern with the fact that the building
is designed as a two-story facility.
Commissioner Howard expressed his concern with the location of the building being
too close to the adjacent residential property lines, and noted he did not have a
concern with the two-story height.
Commissioner Fairbanks further reported that at the last meeting, residents of
the area had presented a list of "wants" for the development. She noted that the
applicant is meeting all those requests except for the single story building.
Chairman Kotowski questioned the discrepancies in the square footage of the
building as presented in the staff report.
Mr. Kee noted that the original notice of hearing was published representing
45,440 square feet of building area; however, the original plans calculated
to be 40,878 square feet. The revised plans, as presented this evening,
indicate 44,860 square feet of building area.
Chairman Kotowski declared the public hearing open and invited anyone in the
audience to speak for or against this item.
Mr. Dale Drumm, applicant, stated that revised plans have taken into consideration
the concerns expressed by Staff and the Commission.
-4-
Commissioner Campos asked Mr. Drumm if he had solicited the petition that
is presented to the Commission this evening (attached hereto); and, how
many signatures on Old Orchard Road were adjacent or abutting this develop-
ment.
Mr. Drumm responded that he had solicited the petition, and noted that
signatures from the three properties abutting the subject development had
not been obtained. The signatures obtained from Budd Avenue were to show
the need for this type of facility in the area.
Chairman Kotowski noted that although the Commission is concerned with the
residents in the area, they are particularly concerned with those residents
closest to the subject development.
Commissioner Kasolas stated that petitions should not be limited to any one
area, but rather to anyone who wished to speak on an item.
Commissioner Meyer asked Mr. Kee if this petition is the first that has been
submitted in favor of a particular project.
(Commissioner Dickson entered the chambers at 8:17 p.m.)
Mr. Ron Harris, 817 Dillon Avenue, property owner, appeared before the
Commission to give a history of the developments which have been proposed
for this site. He noted that this particular use would have a minimum im-
pact on neighboring streets, would be a good noise buffer between Winchester
Blvd. and the residential area, would be an attractive building, would have
a resident manager, and would provide a needed service. He asked the Commission
for a favorable decision.
Mrs. Marilyn Harris, 81i Dillon Avenue, appeared before the Commission to speak
in favor of this project.
Ms. Lynn McLaugherty, La Valencia Apartments, Budd Avenue, appeared before the
Commission to speak in favor of this project, noting that it would provide a
needed service to the area.
Ms. Rita Barker, 3016 Glen Canyon,,Scotts Valley, appeared before the Commission
to speak in favor of this project, noting that she had lived in this area until
just recently, and that a mini-storage facility was needed.
Mr. Brian Kelly spoke in favor of this project.
Mr. Bill Puterbaugh, 916 Old Orchard Road, stated that he did not feel this
project was aesthetically right for this site, and asked if a traffic study
has been done particularly as it pertains to the ingress/egress of the site.
Chairman Kotowski asked Mr. Helms for the recommendation of the Public Works
Department regarding traffic.
Mr. Helms noted that Staff is recommending approval.
-5-
Mrs. Jody Puterbaugh, 916 Old Orchard Road, asked if the Commission would
like to have a two-story "wall" to look at from their home.
Mrs. Pat Woodstock, Old Orchard Road, spoke on the history of the site,
and noted that a two-story building would block off the sunlight to her
home. She also noted the traffic problems in the area.
No one else wishing to speak at this time, it was moved by Commissioner
Kasolas, and seconded by Commissioner Fairbanks, that PD 83-02 be con-
tinued to the Planning Commission meeting of May 10, 1983. Motion carried
with a vote of 7-0-0.
Mr. Helms noted to the Commission that he would not be in attendance at the
meeting on May 10; however, there would be a representative from Public
Works present.
Commissioner Kasolas stated that he would like to suggest that the amount
of sunlight upon the adjacent residents be calculated in the revised plans,
noting that he would like to have some facts regarding this.
Commissioner Campos noted that he would like to see some of the traffic
studies from previous proposals on this site, as far as traffic flows,
speeds, traffic lights, etc.
Mr. Drumm noted that a new traffic study has been completed, and this in-
formation has been included in the Commission's packets this evening.
***
V 83-02 Public hearing to consider the application of Jaques
Jaques Con- Construction Inc. for a 3-foot variance to the sideyard
struction setback to allow the construction of a carport on pro-
perty known as 1045 Shady Dale Avenue in an R-1 (Single
Family Residential) Zoning District.
Mr. Kee reported that the applicant is requesting a 3-foot variance to the side-
yard setback to allow construction of a carport. A 10-foot masonry wall is pro-
posed to be built on the property line with the carport attached to it. The
carport is proposed to be constructed in front of, and attached to, an existing
two-car garage. This garage has setbacks of only 1-foot on two sides. Staff
is of the opinion that a hardship unique to the property itself has not been
demonstrated in this case; additionally, a 10-foot wall on the property line to
support the carport is not considered desirable. Staff realizes that with the
carport setback 3-feet as required, it would be more difficult for a car to park
because of the narrow depth of the driveway and the position of the house. How-
ever, these factors were created when the house was originally constructed and
the garage was constructed to allow access by two cars at that time. He con-
cluded that Staff is recommending a denial of this request.
Commissioner Howard questioned the need for a carport when there is already a
garage.
Mr. Kee responded that it is his understanding that the applicant has a need
for additional covered parking.
-6-
Chairman Kotowski declared the public hearing open and invited anyone in the _
audience to speak for or against this item.
Mrs. Diane Jaques, 1061 Shady Dale Avenue, appeared before the Commission to
speak in favor of this application, citing reasons of privacy.
Mr. John Jaques, 1061 Shady Dale Avenue, noted that because of the grading on
the adjacent commercial property the wall is only 45" high from the subject
property's side, thus creating a privacy problem for the resident.
Mr. Greg Robinson, 1045 Shady Dale Avenue, spoke in favor of this request,
noting that there is a lack of privacy for his residence.
Mr. Joe Gemma, 2160 S. Bascom Avenue, appeared before the Commission noting
that when he originally designed his project, this problem was addressed.
However, because Mrs. Robinson did not want the commercial building abutting
the property line, the building was redesigned thus creating the problem she
is presenting this evening. Mr. Gemma continued that the additional height
to the existing wall would not be aesthetically pleasing, and asked that it
remain the way it is.
Chairman Kotowski asked about the type of businesses in the commercial
building which might generate the type of trash that is being thrown over
the fence onto the residential property.
Mr. Gemma responded that there is no such business in his building, and noted
that he is screening the types of businesses that might lease from him in order
that the development be quiet, office-type uses.
Chairman Kotowski asked about the differences in grades on the two properties.
Mr. Kee noted that the measurement for the grade is usually taken from the
lowest site. Mr. Kee continued that Staff has taken a very strict stand in
their recommendation to the Commission, in that Staff does not recall any other
instances where the differences of grades on the property has provided the
necessary stipulations for a variance.
Commissioner Dickson stated that perhaps the Commission should consider
the measurements for the fence height from the commercial property rather
than the residential property.
Mr. Jaques noted that the reason Mrs. Robinson did not wish to have the commercial
building constructed on the property line, in the original application, was that
it would have blocked out all of her sunlight. The proposed wall will be con-
st~rueted of slumpstone and will have some clear tiles in it in order to preserve
some natural light coming into the carport. The wall will not run the entire
property line at the same height, but will drop down to the existing level
along the garage.
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 unani-
mously (7-0-0).
-7-
Motion
It was moved by Commissioner Kasolas and seconded by Commissioner Meyer, that
V 83-02 be denied.
Discussion of Motion
Commissioner Dickson stated that because of the grade separation, a uniqueness
exists that could validate a variance.
Commissioner Fairbanks noted that she was in agreement with Commissioner
Dickson.
Vote on Motion for Denial
AYES: Commissioners: Kasolas, Meyer
NOES: Commissioners: Campos, Fairbanks, Howard, Dickson, Kotowski
ABSENT: Commissioners: None
Motion
It was moved by Commissioner Fairbanks, and seconded by Commissioner Howard,
that V 83-02 be approved.
Discussion of Motion
Commissioner Kasolas noted that the commercial development adjacent to this
subject residential lot is one of the nicest commercial developments in the
area; and, that he is concerned that if there is to be a carport and an
extension to the existing slumpstone wall, that the wall be carried all the
way down the property line to make it architecturally attractive. He con-
tinued that the wall should be made of the same material as the existing
wall so that it does not detract from the commercial development.
Commissioner Howard stated that he was in agreement with Commissioner Kasolas.
He felt that a mental hardship possibly exists in this instance, pertaining
to a lack of privacy for the residential property.
Amendment to Motion for Approval
Commissioner Kasolas moved, and Commissioner Howard seconded, that the motion
for approval be amended to include that the wall be carried all the way down
along the property line, not only along the carport.
Discussion of Amendment to Motion for Approval
Commissioner Fairbanks stated her concern that the recommendation for approval
would now require the applicant to do something that has not been discussed with
the applicant. She noted that she would prefer to continue this item rather
than require the applicant to do something that may not be financially possible.
Mr. Jaques stated that he understood the proposed amendment; however, he would
like to work with the Building Department to design something that would screen
the residential property, yet provide light. He noted that there is a problem
in getting into the area behind the yard (abutting the property line of the
Yardstick) and he would not be able to carry the wall to the most northerly
point.
-8-
Chairman Kotowski noted that perhaps a continuance might be desirable in
order that the applicant might draw up plans addressing the concerns ex-
pressed this evening.
At this time, Commissioner Howard withdrew his second on the amendment to
the motion for approval; Commissioner Kasolas withdrew his motion for an
amendment to the motion for approval; and, Commissioner Howard withdrew his
second on the amendment for approval, and Commissioner Fairbanks withdrew
her motion for approval.
It was moved by Commissioner Meyer, and seconded by Commissioner Kasolas,
that the public hearing be re-opened. Motion carried unanimously (7-0-0).
Commissioner Fairbanks moved, and Commissioner Meyer seconded, that V 83-02
be continued to the meeting of May 10, 1983 in order that the applicant
could submit plans addressing the concerns expressed by the Commission.
It was the concensus of the Commission that Item No. 9, SA 83-19, be taken
out of order at this time, as well as Item No. 10, S 82-16.
MISCELLANEOUS
SA 83-19 Signing request for Pay-n-Pak located on property
Pay-n-Pak known as 1750 S. Bascom Avenue in a C-2-S (General
Commercial) Zoning District. __
Commissioner Fairbanks noted that this item had been considered by the Site
and Architectural Review Committee this morning, and the Committee is re-
commending a continuance to the meeting of May 10, with the concurrence of
the applicant.
It was moved by Commissioner Kasolas, and seconded by Commissioner Meyer,
that SA 83-19 be continued to the Planning Commission meeting of May 10,
1983. Motion carried unanimously (7-0-0).
S 82-16 Request of Mr. Richard Pasek for a modification of
Pasek, R. a condition of approval on previously approved site
plans on property known as 940 McGlincey Lane in a
M-1-S (Light Industrial) Zoning District.
Mr. Kee reported that at its meeting of January 11, 1983, the Planning Commission
approved the application of Mr. Richard Pasek to allow the establishment of a
lumber storage yard on the subject property. Condition 0 of that approval re-
quired the applicant to submit a letter, satisfactory to the City Attorney,
agreeing to vacate the property within 3 months (on or before May 12, 1983),
if project improvements were not ~i.nstalled as required by Condition M. The
applicant at this time is requesting an extension to June 12, 1983 to vacate
the subject property due to a delay in construction of his new facility in the
City of San Jose. Staff considers the request reasonable due to the unusual
weather and would recommend that Condition 0 be changed to read: "0. Applicant
to submit a letter, satisfactory to the City Attorney, within 10 days of approval
of this modification, agreeing to vacate this property on or before June 12,
1983."
-9-
It was moved by Commissioner Kasolas, and seconded by Commissioner Campos,
that the Planning Commission approve this request for a 30-day extension
of time to vacate the subject property. Motion carried with a vote of
6-1-0.
***
The Commission took a break at 9:22; the meeting reconvened at 9:32 p. m.
***
PUBLIC HEARINGS
EIR 83-01 Public hearing to consider the City-initiated Draft
City-initiated Environmental Impact Report for a proposed redevelop-
ment project for the elimination of blight in the
Downtown Area of the City of Campbell.
Mr. Stafford presented the Draft EIR noting that the draft has been referred to
the persons and agencies indicated in the Commission's packet. Additionally,
comments received from those agencies notified have been received and have
been responded to by Staff in Exhibits B and C. Since the City Council has
denied the application for the Prometheus Development's proposed office com-
plex, Staff is recommending that any reference to this project be excluded
from consideration. However, Staff does not recommend deleting the area of
the mobilehome park at 920 E. Hamilton Avenue from the project area because
the Land Use Element of the General Plan and the Zoning Map indicate a commer-
cial use for this site.
Mr. Stafford continued that Staff is recommending that the Commission adopt a
resolution recommending that the City Council certify the Draft EIR as complete;
and, that the Commission adopt a resolution recommending that the City Council
adopt the Central Campbell Redevelopment Plan.
Commissioner Fairbanks asked if the additional recommendation regarding the
adoption of the Plan required legal noticing. Additionally, Commissioner
Fairbanks asked if financing of this project was to be .discussed this evening,
referring to the statement in the resolution (included in packet) regarding
method of financing and economic feasibility.
Mr. Stafford responded that the EIR was properly noticed for hearing; and, it
is Staff's understanding that noticing is not required for the Plan. Al-
though methods of financing and economic feasibility will not be discussed this
evening, these subjects were addressed in a special study session earlier this
year.
Commissioner Fairbanks stated that she is concerned about addressing herself
to the subject of financing and economic feasibility, in that as a Planning
Commissioner she is feeling that this is not her charge.
Mr. Stafford indicated that the particular wording of this phrase states that
the Commission has "reviewed" these topics, and this is not taking a particular
stand on the issues.
-10-
Commissioner Campos referred to the letter from the Public Utilities Commission,
and asked if there is anything in those rules that would affect or impact what
the Commission is voting on. ~ ~,
Mr•. Stafford stated that there is not. Essentially the PUC is saying that any
actions affecting them would require PUC approval.
Chairman Kotowski declared the public hearing open and invited anyone in the
audience to speak for or against.this item.
Mr. Jack Schoop, County Planning Director, appeared before the Commission to
speak of the concerns of the County of Santa Clara. Mr. Schoop noted that
the items of concern are currently being negotiated,; however, he would like
the Commission to be aware of these concerns. Regarding the tax increment
approach of financing, the redevelopment agency would not only be capturing
the yearly taxes, but also the county taxes, the school district taxes, and
the special districts taxes. Mr. Schoop discussed at length the comments
from the County, and Staff's responses, as indicated i;n~ the Commission's
packet.
Mr. Schoop continued that it is the County's contention that the City has
not responded adequately to their concerns about cumulative resources, and
the County would ask that the City look at this closer. The City has indi-
cated in negotiations that the County will get 2% of the taxes, instead of
24%. The County is requesting that the City move closer to the 24%.
Commissioner Campos asked if the pending legislation regarding redevelopment
projects is adopted, what impact would it have in the adoption of this re-
development plan.
Mr. Schoop stated that this has not been determined at this time.
Commissioner Kasolas asked if the County was primarily concerned that the
development that is proposed in the redevelopment area would be accomplished
without redevelopment, on a private level.
Mr. Schoop noted that it is the County's belief that a large number of projects
in this area would be accomplished without redeveloped, in that the market is
picking up and development would occur.
Chairman Kotowski asked if there has been any discussion regarding the overlapping
of services between the County and the City, i.e. paramedical, fire, police.
Mr. Schoop responded that most services are operated so that there is no over-
lapping.
Mr. Kee stated that Staff appreciates the comments from the County, and has not
taken them lightly. Staff would disagree, however, with the section regarding
cumulative development projects. Staff has attempted to follow the environ-
mental rules, as understood by Staff, right down the line.
City Manager Ed Schilling spoke at length regarding the various aspects of the
EIR.
Mr. William F. Jennings, 219 Dillon Avenue, asked how long it would be before
his property would be condemned and what kind of plans he should be making.
-11-
Mr. Schilling responded that the timing of the project for the Gilman/Dillon
area is uncertain; however, it is not likely that it will happen in the first
five years of the project because of the scope and cost of the project.
No one else wishing to speak, it was moved by Commissioner Dickson, and seconded
by Commissioner Meyer that the public hearing be closed. Motion carried unani-
mously.
RESOLUTION N0. 2185 It was moved by Commissioner Dickson ,and seconded by
Commissioner Meyer, that the Planning Commission
adopt Resolution No. 2185 recommending that the City
Council certify the Draft EIR as complete.
Discussion on Motion
Commissioner Fairbanks noted that she will be speaking against the motion to
adopt the EIR based on (page 8) the report not considering recreation. Also,
on page~l4 of the EIR, Commissioner Fairbanks noted that she was uncomfortable
that theEIR does not address in more detail that 11 acres referred to; or any
of the open space within the project area, how it would impact the project
area, and the outlining areas. Commissioner Fairbanks stated that she was
uncomfortable that it was determined that this subject was not significant.
She also expressed concern with mitigating measures for the impacting of out-
lying areas.
Vote on Resolution
AYES: Commissioners: Kasolas, Campos, Meyer, Howard, Dickson,
Kotowski
NOES: Commissioners: Fairbanks
ABSENT: Commissioners: None
RESOLUTION N0. 2186 It was moved by Commissioner Dickson, and seconded
by Commissioner Meyer, that the Planning Commission
adopt Resolution No. 2186 recommending that the City
Council adopt the Central Campbell Redevelopment Plan.
Discussion on Motion
Commissioner Dickson stated that he is making this motion, with the policy in
mind of the charge of the Planning Commission to look at things that come
before the Commission with relation to the General Plan--it is his belief that
the Plan is in accordance with the General Plan.
Commissioner
based on conc
about the rea
ject area, as
tinned that t
to a smaller
ments; and is
of refusal.
Fairbanks noted that she will be speaking against this resolution
ern for the expanse of the project area. She expressed concern
sons that the Hamilton Mobilehome Park site is included in the pro-
well as the Hamilton School site. Commissioner Fairbanks con-
he redevelopment area dealing with blight needs to be brought down
area; she has concerns about using redevelopment for public improve-
concerned that the persons being displaced should have first right
-12-
Commissioner Kasolas stated that at a previous meeting he had indicated some _
concerns with the expansiveness of the project, and that subsequently he has
undertaken a study of those concerns. He continued that the Hamilton School
site is included because of ingress/egress problems; Salmar Avenue is a pro-
blem with traffic movement; and 920 E. Hamilton Avenue has roblems with in ress/
P 9
egress and displacement of residents in the future. There is also a need to have
a large enough project area to make redevelopment viable. Commissioner Kasolas
stated that he is supporting this resolution.
Vote on Resolution No. 2186
AYES: Commissioners: Kasolas, Campos, Meyer, Howard, Dickson, Kotowski
NOES: Commissioners: Fairbanks
ABSENT: Commissioners: None
TA 83-02 Public hearing to consider a City-initiated text
City-initiated amendment adding Chapter 21.19 (Secondary Living
Units) to the Campbell Municipal Code, allowing
secondary living units in Single Family and other
residential districts under certain conditions.
Mr. Kee reported that on September 27, 1982, the Governor signed into law
SB 1534, the "Companion Unit" bill carried by Senator Mello. Unless local
jurisdictions enact their own ordinance by July 1, 1983 the bill requires a
jurisdiction to grant a conditional use permit for the creation of a second
residential unit of an existing single family dwelling located in a single
family zone, if the second unit would comply with the prdv~sions indicated
in the bill.
Mr. Kee continued that Staff is recommending that the Commission review the
draft ordinance and that they come back on May 10 to discuss any changes that
need to be made. The approach taken by Staff is one of placing limitations
and requiring a use permit.
Commissioner Kasolas noted that he would like to see a rationale of legislative
intent, in that it would appear that this is a case of the State usurping local
jurisdictions power. He added that he would be willing to attend a study session
to discuss this issue.
Commissioner Dickson noted that he is also in favor of a study session. Addi-
tionally, Commissioner Dickson expressed concern with the 12,000 sq.ft. lot size,
noting that this was an unnecessary restriction.
Chairman Kotowski declared the public hearing open and invited anyone in the
audience to speak for or against this item.
Mr. Bruce Reed, 1509 Walnut Drive, questioned the availability of sewage facilities
for these types of units, as well as the lot size restrictions. He suggested that
a study be done pertaining to the impact of this type of unit on the areas with ---
larger lots. He also noted his concern with the parking requirements, stating
that this type of unit should have a separate covered parking area.
-13-
Mr. Frank Corral, 137 Cherry Lane, stated that he is opposed to this type of
use in a single family area because it leads to an area being full of rental
units and multi-family uses.
(Commissioner Fairbanks left the Council Chambers at 10:30 p.m.).
It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that
TA 83-02 be continued to the Planning Commission meeting of May 10, 1983. Motion
carried unanimously (6-0-1).
***
Commissioner Dickson requested that the problem of multi-units and rentals
in R-1 districts be put on a future study session agenda.
TA 83-03 Public hearing to consider amending the Campbell
City-initiated Municipal Code to include Chapter 20.22 (Park
Dedication).
Mr. Kee reported that as part of a general review of funding sources for the
City, the City Manager has suggested that the Council consider adopting an
ordinance which would require that developers either dedicate land or pay
an in-lieu fee for the purpose of providing park facilities. Provisions for
this type of ordinance are found in Chapter 66477 of the California Government
Code and commonly referred to as the Quimby Act.
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 unani-
mously.
Commissioner Dickson asked what the estimate of cost per unit would be.
Mr. Kee responded that the estimated cost per unit is $1100.
Commissioner Kasolas asked how much money is being discussed, based on the
remaining space for development of housing in this community.
Mr. Kee indicated that this would be approximately $220,000, in that there are
roughly 800 dwelling units remaining to be built per the existing General Plan.
Commissioner Kasolas expressed his concern that this would only be adding
additional cost to housing.
It was moved by Commissioner Dickson that the Planning Commission adopt a
resolution recommending that the City Council adopt 'the proposed draft of
Chapter 20.22. Motion dies for lack of a second.
-14-
RESOLUTION N0. 2187 It was moved by Commissioner Howard, and seconded by
Commissioner Kasolas, that the Planning Commission ---
adopt Resolution No. 2187 recommending that the City
Council not adopt the proposed Chapter 20.22 (Park
Dedication). Motion carried with the following roll
call vote:
AYES: Commissioners: Kasolas, Campos, Meyer, Howard
NOES: Commissioners: Dickson, Kotowski
ABSENT: Commissioners: Fairbanks
MISCELLANEOUS
Staff Report Staff Report regarding PG&E utility boxes.
Mr. Stafford reported that recently a concern was raised by the Commission re-
garding PG&E utility boxes which are sometimes placed in highly visible areas
on a site. Staff is recorr~nending that the Commission adopt a standard condi-
tion of approval addressing this concern.
It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that
the Planning Uommission adopt a standard condition of approval reading "Applicant
to submit a plan prior to installation of PG&E utility (transformer) boxes in-
dicating the location of the boxes and screening if boxes are above ground for _
approval of the Planning Director." Motion carried unanimously (6-0-1).
***
Staff Report Report from City Attorney regarding the Brown Act.
City Attorney Dempster noted that all pertinent information had been presented
to the Commission at its last meeting, and that he would be happy to answer any
questions the Commission might have.
***
ADJOURNMENT
It was moved by Commissioner Howard, and seconded by
Commissioner Dickson, that the meeting be adjourned.
The meeting adjourned at 11:10 p.m.
APPROVED: Michael F. Kotowski
Chairman
ATTEST: Arthur A. Kee
Secretary
RECORDED: Linda A. Dennis
Recording Secretary