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PC Min 11/23/1982PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES NOVEMBER 23, 1982 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, Dickson, Howard, Campos, Meyer; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, Acting City Attorney Brian Duckworth, Recording Secretary Linda Dennis. Absent Commissioners: Kotowski, Fairbanks APPROVAL OF MINUTES November 9, 1982 It was moved by Commissioner Howard, and seconded by Commissioner Dickson, that the minutes of the Planning Commission meeting of November 9, 1982 be approved as submitted. Motion carried with a vote of 5-0-2. Commissionei° Kasolas stated that he wished the record to show, with regard to the minutes of November 9 pertaining to the San Tomas Area, that he was concerned with structures that had housing code violations and the fact that many of the houses in Areas 3 & 4 are of single wall construction that in no way would meet the present housing code. eo le continued that by not allowing the choice of increasing density, p P are being committed to living in what may be substandard housing. It is not economical to replace these units at 3.5 units per acre. *** ARCHITECTURAL APPROVALS Continued application of Mr. Neil Hamm for approval S 82-13 Hamm, N. of plans and elevations to allow the construction of a 18,212 sq.ft. industrial building on property known as 1520 Dell Avenue in a CM:B-40 (Controlled Manufacturing) Zoning District. Commissioner Campos reported that this item had been considered by the Site and ArchitErctural Review Committee this morning. The Corrnnittiecantrmaymsuba1nQ a continuance to the January 11 meeting in order that the app mit revised plans. The applicant has indicated that he will save the three mature evergreen trees, revise the parking plan, and address the storage area and trash enclosure--all concerns listed in the Staff Comment Sheet. Mr. Stafford noted that there was some discussion at this molicantswa~ advised meeting regarding the outdoor storage of materials. lhcantpwas advised to that outdoor storage is not allowed; however, the app talk with the City Attorney regarding this situation. -2- Commissioner Campos noted that the applicant is willing to give up two parking spaces to save the trees, since he has adequate parking on the site. It was moved by Commissioner Howard, and seconded by Commissioner Dickson, that S 82-13 be continued to the Planning Commission meeting of January 11, 1983. Motion carried with a vote of 5-0-2. *** S 82-15 Application of Mr. Larry Hester for approval of plans Hester, L. and elevations to allow construction of a 6,516 sq. ft. warehouse building on property known as 408 Industrial Street in a M-1-S (Light Industrial) Zoning District. Commissioner Campos reported that this item had been considered by the Site and Architectural Review Committee this morning. The applicant has requested a continuance in order that he might address the concerns as listed in the Staff Comment Sheet. Commissioner Campos continued that the applicant has agreed to provide additional landscaping, place the trash enclosure inside the building, and revise the elevations to provide windows and redesign the material canopies. The Committee is recommending a continuance to the meeting of December 14, 1982. Mr. Stafford stated that Staff is also recommending a continuance. It was moved by Commissioner Howard, and seconded by Commissioner Dickson, that S 82-15 be continued to the Planning Commission meeting of December 14, 1982. Motion carried with a vote of 5-0-2. S 82-16 Application Pasek, R. Jose Forest to establish known as 940 Industrial) of Mr. Richard Pasek on behalf of San Products, Inc. for approval of plans a lumber storage yard on property McGlincey Lane in a M-1-S (Light Zoning District. Commissioner Campos reported that the applicant met with the Site and Architectural Review Committee this morning, as well as a representative of the property owner. Mr. Pasek indicated at this morning's meeting that the conditions listed in the Staff Comment Sheet would not be possible because it is his intention to relocate after the first of the year; additionally, the property is for sale. The conditions will have to be discussed with the property owner, Mr. Hash; however, Mr. Hash is hospitalized at this time. The Committee is recommending a continuance, at the applicant's request, to January 11, 1983. It is the Committee's recommendation that if this application is approved in January, that the applicant be required to meet all conditions of approval within 45 days of said approval. It was moved by Commissioner Howard, and seconded by Commissioner Dickson, that S 82-16 be continued to the Planning Commission meeting of January 11, 1983. Motion carried with a vote of 5-0-2. *** -3- PUBLIC HEARINGS PD 81-06 Now is the time for a continued public hearing to Kamboj, 0. consider the application of Mr. Om Kamboj for a planned development permit and approval of plans to allow the expansion of an existing retail building and the construction of a new commercial building on property known as 880 E. Campbell Avenue in a PD (Planned Development/Commercial) Zoning District. Commissioner Campos reported that the applicant was not present at this morning's Site and Architectural Review Committee meeting, and there was no discussion on this application. The Committee is recommending a continuance, at the applicant's request. Mr. Stafford stated that the applicant has requested a continuance in order that he might work with the adjoining property owner, who is also applying to construct an office building. Chairman Meyer 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 Howard, and seconded by Commissioner Dickson, that PD 82-07 be continued to the Planning Corr~nission meeting of December 14, 1982. Motion carried with a vote of 5-0-2. *** MISCELLANEOI.IS PD 81-06 Request of Mr. Ron Troyan for a revised development Troyan, R. schedule for a previously approved office complex on property known as 901 Campisi Way in a PD (Planned Development/Corr~nercial) Zoning District. Commissioner Campos reported that the applicant had met with the Site and Architectural Review Committee this morning, as well as Mr. Harry Lawler from Ruth & Going. As the Commission may be aware, the application of Prometheus Development Company for development of the Hamilton Avenue Mobile Home Park will be considered at a public hearing on December 14. One of the suggested conditions to mitigate traffic at Hamilton and Bascom Avenues is the construction of a public street from Campisi Way to Hamilton Avenue. If, in fact, the Prometheus project is approved, and if a public street is required, then such a street would have a direct impact on the development of 901 Campisi Way. Commissioner Campos continued that the Committee is recommending a continuance to the meeting of December 14. He pointed out to the Commission that a decision must be made on this project (PD 81-06) because the current development schedule expires on December 31, 1982-- regardless of what decision is made on the Prometheus project. -4- Commissioner Kasolas asked Mr. Duckworth if a redevelopment district has been formally adopted at this point. He continued that this matter should not have to be dependent on a public hearing that may take place in the future, on a separate piece of property that is not an issue in PD 81-06. Commissioner Kasolas stated that the Prometheus Development is strictly speculation at this point, and the Commission should not allow it to be involved in any way in it's decision as to whether this item should be continued or not; this item should stand on it's own merits. Mr. Duckworth answered that it is unclear whether this property (901 Campisi Way) would be included in the redevelopment district. He stated that he agreed that PD 81-06 should stand on it's own merit, rather than on a possible future project. Commissioner Kasolas asked Mr. Duckworth if the Commission were to delay this matter based upon what might happen in the future in another matter, and the results were to be denial, would the Commission subject. itself to any liability for denying Mr. Troyan's request for extension. Could the Commission be accused of denying this applicant a fair hearing in this matter before us this evening? Mr. Duckworth stated the continuing of a public hearing is at the discretion of the Planning Commission. Commissioner Kasolas asked Mr. Duckworth if he felt comfortable with the Staff recommendation for continuance, on the basis of the information set forth in the Staff Discussion in the Staff Comment Sheet, which is supposed to be the rational for the recommendation? Mr. Duckworth stated that he was comfortable with the Staff recommendation. Commissioner Kasolas asked Mr. Duckworth on what basis was he comfortable with the Staff recommendation, noting that he wished to make sure that the Commission would not be criticized down the line. Mr. Duckworth stated that he would have to defer somewhat since he was not as familiar as he should be with this application, since he has not been in contact with this issue. He continued that he felt the Commission would be well protected and within it's rights if it were to continue the matter. Mr. Kee stated that it has been the policy of the Staff in the past, to bring a request for an extension of approval to the Commission. There are changes taking place in this area, and it is standard procedure for the Commission to look at these situations. Mr. Harry Lawler, Ruth & Going Inc., representing Mr. Troyan and Capitola Knolls Investors, stated that they realize the request for an extension is at the discretion of the Commission at this time. He continued that they have performed extensive soils and geological testing on the site, as well as prepared plans and specifications for the construction. Capitola Knolls has expended some $185,000 since April 1982 in the prosecution of this work. Additionally, they have had plans approved by the Santa Clara Valley Water District. They were informed by the water district that no work on the creek could be started after November 1, so they delayed in obtaining building permits until after the first of the year when construction could begin. -5- Mr. Lawler continued that he felt it important for the Commission to keep in .mind that the decision for the requested six month extension will ultimately rest with them on December 14, since there will not be a redevelopment district formed nor a Council decision on the Prometheus Development at that time. Mr. Lawler noted that if it had not been for the rainy season beginning in regard to the Los Gatos Creek, they would have been underway by now. Mr. Kee noted that the City Council, at its meeting of November 22, 1982, heard first reading of the revisions for the parking requirements. If approved, the revisions could mean less required parking for this development. Me. Kee stated that this was a point of information, only. Mr. Lawler stated that they were aware of the Prometheus project, as well as the prior recommendation for denial without prejudice; however, the thought of providing adequate access through Capitola Knolls project is somewhat of a surprise. He added that they were present this evening to be heard in an unclouded situation. Mr. Lawler asked the Commission to present questions at the next meeting relevant to what happens with the parking that this development is now providing and also the project to the north of his. Chairman Meyer asked Mr. Lawler if he was comfortable with the recommendation for continuance to December 14, in terms of this application and the recommenda- tion of Staff. Mr. Lawler stated that he had no problems in allowing a continuance to the meeting of December 14, noting that if the Commission would like to approve their request this evening, they would also accept this. It was moved by Commissioner Campos, and seconded by Commissioner Dickson, that PD 81-06 be continued to the Planning Commission meeting of December 14, 1982. flitruttinn Commissioner Dickson requested that the plans for PD 81-06 be made available at the next meeting. Commissioner Kasolas stated that if he were to vote fora continuance he wanted it made clear that his decision was not aligned with anything that might happen with the Prometheus Development project, or redevelopment. He stated that he would reluctantly concur with the continuance on this basis. Commissioner Dickson stated that he was in agreement with Commissioner Kasolas; however, the function of planning is to look at an entire area--which can be very difficult when the area is not settled. Commissioner Howard stated that he personally did not see that there will be anything presented on December 14 to change the situation, and he felt that a decision could be made this evening. Commissioner Campos noted that discussion in this morning's Site meeting centered around looking at the entire area--not putting one project against the other.. -6- Chairman Meyer called for a roll call vote. Vote on Motion AYES: Commissioners: Dickson, Campos, Meyer NOES: Commissioners: Kasolas, Howard ABSENT: Commissioners: Kotowski, Fairbanks PD 81-06 is continued to the Planning Commission meeting of December 14, 1982. SA 82-68 Appeal of a decision of the Planning Director to allow The Photo Place the erection of a sign for property known as 71 N. San Tomas Aquino Road in a C-1-S (Neighborhood Commercial) Zoning District. Commissioner Campos reported that this item had been considered by the Site and Architectural Review Committee this morning. The applicant, was not present at this meeting. The Commitee is recommending approval in that the sign is within the size limit and not objectionable to Staff. Mr. Stafford reported that this application is before the Commission at this time because roof-mounted signs are specifically prohibited as indicated in Section 21.68.060 of the sign regulations. Staff is of the opinion that strict adherence to the sign regulations in this case creates an impractical situation due to the limited signing area available below the roof line of this building. The signing, as proposed, does not interrupt the silhouette of the building's ridge line; consequently Staff is recommending approval. It was moved by Commissioner Howard, and seconded by Commissioner Campos, that SA 82-68 be approved as presented. nicr~~ccinn Commissioner Dickson asked if the existing signs for other businesses at this location fall within the ordinance that must be brought into con- formance by January 1983. Mr. Kee noted that these signs do not apply, since they are not above the roof ridge. Vote on Motion Motion for approval as presented of SA 82-68 was carried by a vote of 5-0-2. *** SA 82-57 Referral from City Counc il regar ding the application Travel/Travel of Mr. Fred Foncannon on behalf of Travel/Travel for a free-standing sign on property known as 840 E. Campbell Avenue in a PD (Planned Development/Commercia' Zoning District. -7- Mr. Kee reported that at its meeting of September 28, 1982 the Planning Commission denied this sign. The applicant appealed the decision to the City Council, which has now referred to back to the Commission for further consideration. The applicant is requesting approval of an 8 sq.ft. free- standing sign that has been erected without a permit. Staff is recommend- ing denial of the sign because there is already one free-standing sign on the property (Delia's Cleaners/Selix Formal Wear). When the Delia's/Selix sign was presented to the Planning Department, it was made clear that it is City policy to allow only one free-standing sign on a property, and it was suggested that this sign be designed so as to accommodate the third tenant (840 E. Campbell Avenue). However, the owner, Ms. Carol Kerley, declined 1;o do so and submitted a letter (attached hereto) stating that she rags aware that the third tenant would not be allowed to have a free-standing sign and that she would advise them accordingly. Again, Staff is recommend- ing denial because it is consistent with the policy of the Commission in the past. Mr. Kee added that the main reason this item has been referred back from the Council is that the applicant was not present at the Planning Commission meeting when this application was denied. Mr. Fred Foncannon, applicant, stated that when he originally started on the Travel/Travel project he was not aware that he could not have a free- standing sign. He noted that 840 E. Campbell Avenue is a separate building from the Y.erley property (Delia's/Selix), and that he erected the sign because of the availability of parking to the rear of his building. Commissioner Howard questioned if this development originally included both structures . Mr. Kee stated that both properties were considered overall as one develop- ment, with adjoining circulation layouts. As far as the property ownership, Mr. Kee believed that it was the same at the time of approval of the project. Commissioner Kasolas asked if the Delia's/Selix sign was approved at the Commission level or Staff level; and, noted that it seemed unusual to have a free-standing sign at 824 E. Campbell Avenue and not at 840 E. Campbell Avenue, as well as one at Togo's. Mr. Kee indicated that it was part of the development plan that both pro- perties be combined, and that it is consistent with past Commission policy to allow one free-standing sign for each property. The intent is that there will not be five different tenants with five different free-standing signs on the street for one piece of property. Commissioner Kasolas stated that in his opinion one of the problems is that the Delia's/Selix sign is so over-powering that it overwhelms the street. The Travel/Travel sign seems insignificant in comparison. He noted that he would recommend that the Commission allow this sign to remain, although he is in agreement with Staff's presentation. Commissioner Kasolas added that he did not like the electrical window signs used at 824 E. Campbell Avenue, and hoped that these types of signs would not be approved again. Commissioner Howard stated that he was in agreement with Commissioner Kasolas relating to the signing at 840 E. Campbell Avenue, and noted that although he did not remember seeing the free-standing sign, he did notice the sign on the building. -8- Chairman Meyer requested a roll call vote on this issue. It was moved by Commissioner Kasolas, and seconded by Commissioner Howard, that SA 82-47 be approved, allowing the free-standing sign for Travel/Travel at 840 E. Campbell Avenue to remain. Motion denied by the following roll call vote: AYES: Commissioners: Kasolas, Howard NOES: Commissioners: Dickson, Campos, Meyer ABSENT: Commissioners: Kotowski, Fairbanks Staff Report Staff Report on ZC 81-12 for property known as 1339-1411 Harriet Avenue in a PD (Planned Develop- ment/Single Family Residential) Zoning District. Mr. Kee reported that at the previous meeting Commissioner Dickson requested Staff to review the development at 1339-1411 Harriet Avenue and outline any changes from the plans originally approved by the Planning Commission. The following minor modifications were approved by Staff: 1. The modification of the foundation layout for the house on Parcel 2, in order to preserve mature trees; 2. The modification to the driveway on Parcel 4; and 3. A reduction in the fence setback requirement for Lot 1, after review by the Public Works Department and Planning Director. This was to allow more private yard area and to tie in with the fence on the adjacent property. Mr. Kee noted that the applicant has provided a $3,000 bond to assure land- scaping of the three interior units. Commissioner Dickson stated that he felt the 5 foot setback is the type of thing that becomes unacceptable under the PD zoning, creating an less-than-pleasant living situation. He felt that the Commission could not be careful enough in reviewing these types of applications.. He ex- pressed his appreciation for Staff coming forward with the list of modi- fications granted at Staff level. Commissioner Dickson noted that anything out of the ordinary on a PD application that would normally require a variance, should be brought to the Commission's attention in order that it might be specifically reviewed. Commissioner Kasolas stated that he felt there are advantages 'to a PD. He felt that development done in the San Tomas Area under this zoning was admirable, and would encourage this type of development as an improvement to the housing in the area. He added that the PD can be used as a power- ful tool by the City. Commissioner Dickson stated that the use of the PD zoning should result in a clearly more desirable living situation, as cited in the zoning code. He felt that the over-use of the PD zoning could be dangerous in that you are throwing away all the other ordinances. It was the consensus of the Commission that this Staff Report, requiring no action, be acknowledged and filed. *** -9- ADDITION TO AGENDA SA 82-75 Application of Emil Villa's Hick'ry Pit Restaurant Emil Villa's for signing on property known as 980 E. Campbell Hick'ry Pit Avenue. Restaurant Commissioner Campos reported that this item had been before the Site and Architectural Review Committee this morning. However, since there was only one commissioner at the. meeting, and Staff noted some concerns with the signing, this item is being presented to the Commission this evening. Commissioner Campos continued that Staff had indicated a concern that the number of signs applied for is greater than is necessary to adequately identify the building, and has recommended that the monument lion be deleted, or that the two end elevation signs on the building be deleted. The applicant, Mr. Boyl, was present at this morning's meeting. He pre- sented some arguments from his professional experience regarding the visibility of marketing the restaurant. He felt that the signs are com- patible and enhance the building. After some discussion, the Committee is recommending that the monument sign be reduced from 9 feet to 5 feet, and that the 3 facia signs be approved. Mr. Stafford stated that, based on the recommendation of the Architectural Advisor, Staff would concur with the recommendation of the Site Committee. It was the opinion of the Architectural Advisor that the color of the signs, as shown on the rendering presented this evening, added to the overall design of the building. It was moved by Commissioner Howard, and seconded by Commissioner Campos, that signing for 980 E. Campbell Avenue, Emil Villa's Hick'ry Pit Restaurant, be approved as recommended by the Site and Architectural Review Committee: (1) one monument sign to the height of 5 feet; and (2) three facia signs. The applicant is to submit a revised signing plan for the approval of the Planning Director, and is to obtain any necessary building permits from the Building Department. Discussion Commissioner Kasolas noted that the Commission would be approving one more monument sign on Campbell Avenue. Commissioner Dickson stated that it is his feeling that this will be too much signing on one piece of property; and that he would agree with Staff's initial recommendation of approving the monument sign and the front ele- vation facia sign. Chairman Meyer requested a roll call vote on this item. Vote on Motion AYES: Commissioners: Kasolas, Howard, Campos, Meyer NOES: Commissioners: Dickson ABSENT: Commissioners: Kotowski, Fairbanks *** -10- OTHER ITEMS BROUGHT UP BY COMMISSION Chairman Meyer noted that at this time there are no public hearings scheduled and no new applications received for the Planning Commission meeting of December 28, 1982. It was moved by Commissioner Howard, and seconded by Commissioner Campos, that the Planning Commission meeting of December 28, 1982 be cancelled. Motion carried with a vote of 5-0-2. *** Chairman Meyer noted that the Commission might wish to set a date for it's annual Christmas meeting. It was the consensus of the Commission that the annual Christmas meeting be set for Saturday, December 18, 1982 at Chairman Meyer's home. *** 6n.1(111RNMFNT It was moved by Commissioner Dickson, ar~d seconded by Commissioner Howard, that the Planning Commission meeting be adjourned. The meeting adjourned at 9:10 p.m. APPROVED: Jane P. Meyer Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda Dennis Recording Secretary