PC Min 02/08/1983PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
TIIESDAY, 7:30 P.M. MINUTES FEBRUARY 8, 1983
The Planning Commisslon 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: Campos, P~3eyer, Fairbanks, Howard,
Chairman Kotowski; Planning Director Arthur A.
Kee, Planner II Marty Woodworth, Engineering
Manager Bill Helms, City Attorney J. Robert
Ixmpster, Recording Secretary Linda Dennis.
Absent Commissioners: Kasolas, Dickson
APPROVAL OF MINUTES
January 25, 1983 It was moved by Commissioner Meyer, and seconded
by Commissioner Campos, that the minutes of the
Planning Commission meeting of January 25, 1983
be approved as submitted, A~otion caxried unani-
mously (5-0-2) ,
Commissioner Fairbanks noted that her understanding of the notification procedure
for the upcoming San Tomas special meeting,regarding the Land Use Element and the
Circulation Element, was that Staff would be notifying,by mail,persons who spoke
at the other meetings in the San Tomas Area.
r7r. Kee stated that this was correct. Staff has extracted the names of residents
who spoke at the special meetings from the minutes of those meetings, and is
sending notification by mail of the upcoming special meeting on February 24, 1983.
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OOAP•1[JNI CATIONS
i~9r. Kee noted that correspondence received relates to specific items on the
agenda and would be presented with the subject item.
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CO'.'1SENT CALENDAR
TS 83-01 Tentative Subdivision r1ap: Lands of HA00
Lands of HALO APN 413-25-82, 102, 103 - 72, 112 ~ 114 Shelley Ave.
Comrrsssioner Fairbanks stated that she would be in opposition to a motion for
approval of~this item, since she was not in agreement with the original application.
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It was moved by Commissioner Pdeyer, and seconded by Commissioner Howard, that
the Planning Commission find the proposed tentative subdivision map in accord
with the General Plan and recommend that the City Council approve this map,
subject to conditions listed in the Staff Comment Sheet (attached hereto).
A4otion carried with a vote of 4-1-2, with Commissioner Fairbanks voting "no".
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PD 81-10 Request of l~r. R. M. Kadjevich for reinstatement
TS 81-24 of a previously approved Planned Development Permit
Kadjevich, R. allowing the construction of a 6,022 sq.ft. industrial/
warehouse building on property known as 200 ~ 222
Dillon Avenue in a PD (Planned Development/Industrial)
Zoning District.
Commissioner Fairbanks reported that this item had been considered by the Site
and Architectural Review Committee this morning, due to the fact that thepermit
had expired in April 1982, and the Committee had originally revie~aed the applica-
tion. The Committee is recommending approval of the revised development schedule,
calling for completion of construction by November 3, 1983.
P4r. Kee stated that Staff is recommending a one-year extension of approval for
the tentative subdivision map as taell as approval of the revised development
schedule (attached hereto).
It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that
the Planning Commission recommend to the City Council approval of the request _
for a revised development schedule, and that the City Council grant aone-year
extension of approval of TS 81-24, subject to previous conditions of approval.
Motion carried with a vote of 5-0-2.
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ARQiITECIURAL APPROVALS
S 83-01 Application of Mr. Ralph Jeangerard for approval
Jeangerard, R. of plans and elevations to allow the construction
of a 4,050 sq.ft. addition to an existing auto-
motive building on property known as 980 E. Hamilton -~`
Avenue in a C-2-S (General Commercial) Zoning District.
Commissioner Fairbanks reported that this item had been before the Site and
Architectural Review Committee this morning. The Committee is recommending a
continuance in order that the applicant may address concerns expressed by Staff.
Commissioner Camq~os noted that the applicant should be made aware that the
Commission is concerned about building compatibility.
lt'.'h~. Kee noted that Staff is also reconanending a continuance of S 83-01.
It was moved by Commissioner Fairbanks, and seconded by Commissioner Campos,
that S 83-01 be continued to the Planning Commission meeting of February 22,
1983 in order that the applicant can address concerns expressed in the Staff
Comment Sheet of February 8, 1983. Motion carried unanimously (5-0-2).
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PUBLIC HEARINGS
UP 82-25 Now is the time for a continued public hearing to
Haigh, J. consider the application of h1r. Jack Haigh on be-
half of Syufy Enterprises for a use permit to allow
a flea market between the hours of 7 a.m, and 4 p.m.
on property known as 535 Westchester Drive (Winchester
Drive-In) in an M-1-S (Light Industrial) Zoning District.
Mr. Kee reported that a request has been received from the applicant withdrawing
the application for a use permit to allow a flea market. Staff is in agreement
with this request, and is recommending that the Commission deny this application
without prejudice in order to remove it from the agenda.
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 Campos, and seconded by
Commissioner Meyer, that the public hearing be closed. ATotion carried unanimously
(5-0-2).
RESOLUTION N0. 2172 It was moved by Commissioner Howard, and seconded by
Commissioner Meyer, that the Planning Commission
adopt Resolution No. 21 72 denying without prejudice
UP 82-25, at the applicant's request. Motion
carried with the following roll call vote:
AYES: Commissioners: Campos, Meyer, Fairbanks, Howard, Kotowski
NOES: Commissioners: None
ABSINT: Commissioners: Kasolas, Dickson
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ZC 83-O1 Now is the time for a public hearing to consider
City-initiated City-initiated zone changes from R-1 Single Family
Residential (6,000 sq.ft. lot minimum) to R-1 Single
Family Residential (with minimum lots sizes of 8,000
,~ sq.ft.; 10,000 sq.ft.; 12,000 sq.ft.; 15,000 sq.ft.;
or 20,000 sq.ft.) for the San Tomas Subarea 1.
Nir. Kee reported that Staff is recommending that the Commission recommend that
the City Council adopt the zoning as indicated in Exhibit C (attached hereto);
and that the Planning Commission set the date of March 8, 1983 for a public
hearing to consider text amendments to the R-1 section of the Zoning Ordinance.
Additionally, Staff is recorrmmending that the zone changes not be forwarded to
Council until the Commission has reviewed the text amendments proposed.
The Recording Secretary read a letter dated February 7, 1983 from Bocidar and
Johanna Mitrovich, 321 Sunnyoaks Avenues, into the record (attached hereto and
made apart of these minutes).
P:9r. Kee pointed out the property referenced in the letter (321 Sunnyoaks Avenue)
on the map, noting that directly across the street is zoned medium density and
to the west on Sunnyoaks is zoned low-medium density residential.
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Conunissioner Fairbanks asked what the Council's policy is for this subarea. -
Pir. Kee indicated that Council took no action to lower residential densities
on the south side of S~mnyoaks Avenue. It remains zoned ^-2-S and ^.-I'-J.
P.t^. Woodworth reviewed Subarea 1 for the Cornrnission, noting various existing
lot sizes.
r~. Kee noted that Staff is trying to keep from zoning each individual lot,
in that it is very difficult to keep track of these zonings on a map.
Commissioner Fairbanks asked Dom. Helms if, based on the Circulation Element,
will the owner of the large undeveloped orchard parcel on Sunnyoaks Avenue
be required to put a street through the property connecting to existing
streets, or will the application be looked at on the basis of what it has
to offer.
Dir. Helms stated that Staff's recommendation will be to put a street through
the property connecting to existing streets at both the north and south ends.
However, it is not Staff's intention that the street go straight through.
This will allow for the recommended 8,000 sq.ft. lot sizes.
Commissioner Campos asked if Capri Avenue is developed, going through this
p~~perty, will the property needed for street improvements reduce the density
allowed on the parcel. _-
Pir. Kee noted that normally, within a subdivision, there is about 200 or
less of the property that is given for street dedication. In this particular
case, there may be approximately 1 to 1-1/2 acres devoted to streets and
rights-of-way. The shape of the lots would depend on the nwnber of units
that could be developed.
Chairman Kotowski declared the public hearing open and invited anyone in the
audience to speak for or against this item.
rfr. Carlo Brusaschetti, 635 Flnory Avenue, spoke in favor of increasing the
• minimwn lot sizes; and asked that the 33,000 sq.ft. lot on Robin Lane be
zoned R1-18 to insure it not being split.
Mr. Kee stated that Staff does not recommend this approach, in that it was
considered "spot zoning" and is not advisable.
?~. Brian Suit, 828 SLmnypark Ct., appeared before the Commission representing
the homeowner's association of his development which abuts the large orchard
property. N~'. Suit asked if there was currently an application before the
Commission on this parcel; and if there were any regulations pertaining to
the construction of two-story units on the property. He stated he did not
wish L-o see two-story homes built along the property line which abuts the
townhome development he resides in, in that it would ruin his development's
park which is on this property line. N1r. Suit requested that he be notified
of any applications that might be filed for this orchard parcel.
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b~. Kee stated that the referenced orchard property is zoned R-l, and two-story
units are allowed in this zoning district. Additionally, Mr. Kee explained the
notification procedure on applications, noting that if the proposal is for
single family homes this would be considered as an "S", Site and Architectural
application only -- not subject to a public hearing. A site application does
not require notification of surrounding property owners. However, I~'[r. Kee
noted, that Staff would notify Mr. Suit if there should be a proposal made
on the referenced property.
No one else wishing to speak, it was moved by Commissioner Meyer, and seconded
by Commissioner Campos, that the public hearing be closed. Action carried
unanimously (5-0-2).
Commissioner Fairbanks suggested that the Commission consider each of the
areas presented this evening individually; and, if the Council directive
to consider R1-12 and R1-15 zoning districts were applicable to this
subarea.
Mr. Kee noted that the Council expressed an concern for the need of another
range above the R1-10 that Staff originally recomuriended. Staff would like
to have a whole range of numbers that would apply, and this would address
the Council's concerns.
RESOLUTION N0. 2173 It was moved by Commissioner Fairbanks, and
RESOLUTION N0. 2174 seconded by Commissioner Campos, that the
Planning Commission adopt Resolution No. 2173
recommending that the City Council adopt zoning
as indicated in Exhibit C of Staff Comment Sheet
(attached hereto) for Subarea 1 -Areas 1 - 4;
and, that the Planning Commission adopt Resolution
No. 2174 setting Plarch 8, 1983 for public hearing
to consider text amendments to the R-1 section of
the Zoning Ordinance. Abtion carried with the
following roll call vote:
AYES: Commissioners: Campos, Meyer, Fairbanks, Kotowski
NOES: Commissioners: Howard
ABSENT: Commissioners: Kasolas, Dickson
Note correction by Commissioner
_ _ _ Fairbanks re this section at
P. C. P~Itg. of February 22, 1983.
Commissioner Fairbanks stated that, pertaining to area 5 (Bedal Lane) she
would like to see R1-10 because of the two larger lots of 21,000 and 27,000
sq.ft., thereby having the potential of splitting these two lots.
Chairman Kotowski noted that this would make five lots in this area non-
conforming.
Commissioner Fairbanks noted that even though these lots would become
non-conforming, they could be rebuilt on.
Commissioner Howard stated he did not like putting property in anon-conforming
status when it was not necessary. The R1-10 would give these two larger lots
more flexibility in subdividing; however, he stated he was uneasy about putting
the rest of the lots in a non-conforming situation.
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Chairman Kotowski asked if the suggested non-conforming lot sizes would create
an undesirable situation for the property owners if they had to rebuild their __
homes.
R1r. Kee noted that there might possibly!~be a problem with setbacks. He
continued that the reason for Staff's recommendation of R1-8 for this area
is that the majority of the lots in this area range between 8,400 and 9,500
sq.ft.
It was moved by Commissioner Fairbanks that the Planning Commission adopt a
resolution recommending to the City Council that a R1-10 be adopted for
area 5, rb tion dies for lack of a second.
RESOLUTION N0. 2175 It was moved by Commissioner Campos, and seconded
by Commissioner Meyer, that the Planning Commission
adopt Resolution No. 2175 recommending that the
City Council adopt zoning as indicated in Exhibit
C of Staff Comment Sheet (attached hereto) for
Subarea l - Area 5, as per staff recommendation.
P;totion carried with the following roll call
wte
AYES: Commissioners: Campos, Meyer, Howard, Kotowski
NOES: Commissioners: Fairbanks
ABSEf~iT: Commissioners: Kasolas, Dickson
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The Commission took a break at 8:45 p.m.; the meeting reconvened at 8:55 p.m.
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r"ISCELLANEOUS
IJP 82-06 Continued six-month review of use permit allowing
GreerLfelder, J. the conversion of an existing gasoline station in-
to a mini-market on property known as 2015 S.
Winchester Blvd. in a C-3-S (Central Business
District) Zoning District.
DTr. Kee reported that in June 1982 the Planning Commission recorrnnended approval
of the applicant's request for a use permit to allow conversion of an existing
service station to a mini-market. Condition t1 of that approval required review
of the proposed operation within six months after approval; and, Condition V
of the approval provides for review of this operation at any time the City
determines said review is warranted. It has come to the attention of Staff
that a partial conversion of the service station has taken place without
satisfactory completion of the conditions of approval. On January 4, 1983
Staff notified the applicant regarding the failure to satisfy these conditions,
and requested that the mini-market operation be terminated by January 20, 1983.
As of this meeting, the mini-market operation has not been terminated. Staff's
recommendation is that the Commission set a public hearing on btarch 8, 1983 to
consider the revocation of the subject use permit.
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Dlr. J. D. Greenfelder, applicant, reported on the progress of this project,
noting that his company had hoped to move a little faster than it has. He
continued that Ruth $ Going is now working on the final draft of the con-
struction phase for the improvements required. Dlr. Greenfelder stated that
he has had a discussion with T'Ir. P4andolfo, station manager, regarding the
mini-market use now in operation and this small operation has ceased as of
this meeting. He added that it is his hope that the conversion can now
proceed without further hearings.
Chairman Kotowski stated his concern that the use currently in violation will
be abated, and that the required improvements will be constructed. He asked
what guaranty the Commission would have that the mini-market use would not
re-open before all the improvements were completed.
D'fr. Greenfelder indicated that in working with a company the size of Atlantic
Richfield, he has found that they do not have time to play with developments.
He added that if he had known about the small mini-market operation that was
put in the station by the manager, and the City's ordinances pertaining to
such a thing, it would not have happened. He stated that AR00 does intend
to carry on with the conversion.
Chairman Kotowski asked if r4r. Greenfelder could perceive a completion date.
D4r. Greenfelder indicated that the normal construction time is 35-55 working
days once the work has begun, so the conversion should be completed within
six months.
Chairman Kotowski questioned the building permit procedure.
P~fr. Kee indicated that the applicant must meet all the conditions of approval
prior to issuance of a building permit; and,that the applicant has been working
with the Public Works Department regarding the off-site improvements.
Dir. Helms noted that at the time the applicant applies for a building permit,
a release slip is routed to affected departments. At this time, the Public
Z9orks Department would require a bond and agreement made to complete the
public improvements.
P~fr. Sal Leopardi, Fire Department, appeared before the Commission to request
assurances that the conditions of the use permit be met--particularly Condition
0 of the Fire Department ("All dispensing islands shall be visible to attendants
at all times."'). This condition must be met, even with the abatement of the
mini-market use this evening.
Commissioner Howard stated that in this case, the six month review would be
an excessive amount of time, and that perhaps the Commission should review
this item sooner to see that the work is progressing. He suggested the
Commission review this use permit in a maximum of three months.
D~•. Kee noted that Staff is recommending a public hearing to consider revocation
of the use permit; however, if the applicant is intending to abate the existing
violation of the small mini-market as of this evening, Staff is in agreement
with a three month review.
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It was moved by Commissioner Howard, and seconded by Commissioner Meyer, that
the Commission review UP 82-06 in 90 days (at meeting of May 10, 1983) to seep --
that work is progressing on the conversion to amini-market; that the current
small mini-market use which is in violation of the zoning ordinance cease
immediately; and, that Condition 0 as addressed by the Fire Department be
met within 30 days (March 8, 1983). Motion carried unanimously (5-0-2).
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UP 82-07 Continued six-month review of use permit allowing
Schuman, R, an auto repossession storage yard and allowing the
use of a mobilehome as an office on property known
as 175 Gartner Avenue in an P•i-2-S (Heavy Industrial)
Zoning District.
r4r. jVoodworth reported that the trash enclosure for this project has not been
installed yet because of the weather; however, it has been scheduled for
installation this week. The applicant is requesting a two-week continuance.
It was moved by Commissioner Dleyer, and seconded by Corrnnissioner Campos, that
UP 82-07 be continued to the Planning Commission meeting of February 22, 1983.
Motion carried unanimously (5-0-2).
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Fencing Request Request of D'Ir. Gareth ZVong on behalf of the San
Tomas Aquino Townhomes Association for approval
of a wrought-iron fence extension for pool fen-
cing on property known as 833 San Tomas Aquino
Road in an Interim (Medium Density Residential)
Zoning District.
Pte, jVoodworth reviewed this request for the Commission, noting that Staff is
recommending a continuance in order that the applicant may submit an alternate
proposal. Staff is of the opinion that the proposed type of fence is a potential
safety hazard.
Air. Gareth Wong, applicant, stated that he understood the concerns regarding
the fence. This type of fence was arrived at after lengthy deliberation, and
it's installation will cost the association one-third of it's reserve monies.
He stressed the gravity of the situation, citing considerable vandalism from
the youth who live in the HUD project adjacent to his development. The
association does not wish to erect a 16' barbed wire fence; and, they have
seen the presented fence proposal at a townhouse project in San Jose. They
feel it looks fairly nice because it turns inward and does not intrude upon
the air space of the adjoining property. P4r. Wong added that he realized
this was not the best plan, however, the association was getting desperate
and needed to do something about the intrusions.
Mr. Dempster stated that the City's concern is potential exposure to liability
with this type of fence. Phr. Dempster continued that perhaps there is another _
style of fencing that would do the same job. He noted that perhaps someone
from the Planning Department could go out to the development in San Jose and
look at the fence, or the applicant might be able to get a letter from that
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San Jose development pertaining to the liability experiences and any problems
with children. Also, information from their insurance company might be of
use.
Mr. Dempster stated that in his opinion there is a real danger if the City
authorizes. this type of fence and juveniles still try to climb over it.
Commissioner Fairbanks. asked Pdr. Wong if he was amenable to a continuance.
Mr. Wong stated he would be amenable to a continuance, and requested that the
Commission clarify what they did not like about the proposed fencing.
Mr. Dempster noted that the Commission was not in a position to do this.
Chairman Kotowski requested that any available police reports for this
development, pertaining to the vandalism, be made available when this item
is considered next.
It was moved by Commissioner Fairbanks, and seconded by Commissioner Howard,
that this fencing request be continued to the Planning Commission meeting of
February 22,1983. Motion carried unanimously (5-0-2).
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OTHER I TED'6 BROUQ~'T UP BY CONA7I SS IONERS
Corrunissioner Fairbanks requested information from the City Attorney regarding
the HUD project discussed this evening, particularly what authority the City
might have regarding the management of that project; and, what tools if any
the City has to eliminate HUD projects impacting the surrounding area.
Commissioner Howard asked i:f there was anything Staff could do to get the
owners of the property on the corner of Winchester and Budd (7-11, etc.) to
clean up their parking lot, noting that it is always littered.
AD.TOi TR~IP~IIIV'I'
It was moved by Commissioner Meyer, and seconded
by Commissioner Campos, that the meeting be
adjourned.
The meeting was adjourned at 9:50 p.m.
APPROVED: Michael F. Kotowski
irman
ATTEST: Arthur A. ICee
ecretary
REOORDED: Linda A. Dennis
ecor g cretary