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PC Min 08/24/1982PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES AUGUST 24, 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, Floward Campos, Fairbanks, Meyer; Planning Director Arthur A. Kee, Planner II Tim Haley, Engineering Manager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Linda Dennis. Absent Commissioner Kotowski APPROVAL OF MINUTES August 5, 1982 It was moved by Commissioner Howard, and seconded by August 10, 1982 Commissioner Dickson, that the minutes of the Planning Commission meeting of August 10, 1982 and the minutes of the Special Hearing--San Tomas Area I held on August 5, 1982 be approved as submitted. Motion carried, with Commissioner Fairbanks abstaining on the minutes of August 5, 1982, and Commissioner Meyer abstaining on the minutes of August 10, 1982. CONSENT CALENDAR S 81-22 Request of Mr. Vincent Sanfilippo for a one-year LaGuisa, G. extension to previously approved plans to construct three condominiums on property known as 270 N. Central Avenue in a R-M-S (P~ultiple Family Residential) Zoning District. f1r. Kee reviewed this application for the Commission, stating that on August 4, 1981 the Planning Commission approved S 81-22 allowing the construction of three condominium units. This approval expired on August 14, 1982; and, the applicant is now requesting that the plans be reinstated fora period of one year. There have been no changes to the General Plan in this area; therefore, Staff is recommending approval of this reinstatement. It was moved by Commission°r Kasolas, and seconded by Commissioner Howard, that S 81-22 be reinstated fora period of one year. Motion carried with a vote of 4-2-1, with Commissioners Fairbanks and Dickson voting "no". S 82-08 Application of Mr. Kent Kirkorian for approval of Kirkorian, K. plans and elevations to allow the construction of a freezer addition to an existing delicatessen located on property known as 1650 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Commissioner Campos reported that this application was considered by the Site and Architectural Review Committee. The areas of concern listed in the Staff Comment Sheet were addressed at this morning's meeting to the satisfaction of the Committee, with the exception of the third item regarding signing. The applicant has expressed an undue hardship in the removal of the existing sign and the provision of a monument free-standing sign for this project, and is requesting a waiver of this condition. Because the Committee is bound by the Sign Ordinance, which prohibits the existing sign, the Committee is asking that this request for a waiver be considered by the entire Commission. However, the Committee is recommending approval subject to the conditions listed in the Staff Comment Sheet, with the exception of the requirement for signing. Mr. Kee noted that this application is for a change in the original plans which did require, under the code, site approval. In reference to the signing, Mr. Kee stated that it has been Staff's policy to bring to the Commission's attention, non-conforming signs at the time of site approval. Commissioner Kasolas asked in what way ijs the sign non-conforming. Mr. Kee indicated that the subject sign is above the roof-line of the building; additionally, the sign is to be re-worded which means that it should be made to conform by the basis of the Ordinance. The Commission does have the option of continuing this portion of the application until January 1983, or they can deny the application and the applicant can appeal to the City Council. It was moved by Commissioner Kasolas, and seconded by Commissioner Campos, that S 82-08 be approved subject to the conditions listed in the Staff Comment Sheet, with the exception that the existing sign be allowed to remain as it presently is, and that the signing matter be reviewed in January 1983 when the Signing Ordinance becomes effective or until such time that the new Signing Ordinance does become effective. Motion carried by a vote of 4-2-1, with Commissioners Dickson and Fairbanks voting "no". S 82-09 Application of Mr. 4Jilliam Gremore for approval of Gremore, W. plans to allow an equipment storage yard on property known as 1025 Florence Way in an 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 stated that his intention is to improve the currently vacant lot which he has leased; however, he nor the owner can afford the cost of the improvements required. The Committee and Staff were quite firm in their opinion that this is a new use and the conditions of approval should be met before the proposed use would be considered appropriate. The Committee is recommending a continuance in order that the applicant may consult with the property owner. It was moved by Commissioner Howard, and seconded by Commissioner Dickson, that S 82-09 be continued to the Plannin Commission meeting of September 28, 1982. Motion carried unanimously (6-0-1~. S 82-10 Application of Mr. Richard Scarlotta for approval of Scarlotta, R. plans and elevations to allow the construction of a storage building addition to an existing towing service operation located on property known as 888 Camden Avenue in an M-1-S (Light Industrial) Zoning District. Commissioner Campos reported that this item had been before the Site and Architectural Review Committee this morning, stating that the applicant is requesting approval of a storage area due to stipulations of his contract for towing with the Campbell Police Department. He continued that the applicant is in agreement with the conditions as listed in the Staff Comment Sheet; however, the Committee is recommending that the revised plans come back to the Planning Director, and that the applicant be allowed to post a $5,000 landscaping bond rather than a cash deposit. Mr. Haley briefly reviewed this application for the Commission, noting that the plans presented this evening reflect the redlining addressing the concerns as listed in the Staff Comment Sheet. It was moved by Commissioner Dickson, and seconded by Commissioner Fairbanks, that S 82-10 be approved subject to the conditions listed in the Staff Comment Sheet, and as amended by the Site and Architectural Review Committee (conditions attached hereto). Motion carried with a vote of 6-0-1. *** PUBLIC HEARINGS UP 82-13 Now is the time for a continued public hearing to Ragasa, R. consider the application of Ms. Rachel Ragasa for a use permit to allow the conversion of a 4-unit apartment building into a residential care home on property known as 145-151 t~l. Hamilton Avenue in an R-2-S (Multiple Family Residential) Zoning District. Mr. Kee stated that this item was continued from the meeting of August 10 in order that the applicant could submit a revised north elevation indicating a change in the windows, and discuss the intensity of the proposed use. Staff has not received this additional information and is, therefore, re~~mmending a continuance to the meeting of September 14, 1982. 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 UP 82-13 be continued to the Planning Commission meeting of September 14, 1982. Motion carried with a vote of 6-0-1. *** -Y- ZC 82-05 Now is the time for a continued public hearing to Vitcov, B. consider the .application of Mr. Ben Vitcov for a zone change from R-2-S (Multiple Family Residential) to PD (Planned Development/Multiple Family Residential) and approval of plans,. elevations, and development schedule to allow the construction of two townhomes on property known as 146 Sunnyside Avenue in a R-2-S (Multiple Family Residential) Zoning District. Commissioner Campos reported that this item had been considered by the Site and Architectural Review Committee. The Committee is recommending approval, with the carport being redlined as closer to the building. The applicant is in agreement with this condition. Commissioner Meyer asked about the retention of the large tree on the site. ter. Kee stated that the tree referred to 'is located on the adjacent property. He added that the change regarding the carport will be reviewed by the Archi- tectural Advisor when revised plans are submitted to Staff. 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, it was moved by Commissioner Campos, and seconded by Commissioner Howard, that the public hearing be closed. Motion carried with a vote of 6-0-1. RESOLUTION N0. 2131 It was moved by Commissioner Howard, and seconded by RESOLUTION N0. 2132 Commissioner Campos, that the Planning Commission adopt Resolution No. 2131 & 2132 recommending approval of ZC 82-05, subject to the conditions listed in the Staff Comment Sheet and the redlining of plans as proposed by the Site and Architectural Review Committee. Motion carried by the folloa~ing roll call vote: AYES: Commissioners: Kasolas, Dickson, Howard, Campos, Fairbanks, Meyer NOES: Commissioners: None ABSENT: Commissioners: Kotowski **~ V 82-02 - Now is the time fora public hearing to consider the Cockrell, L. application of Mr. Larry Cockrell for a variance to the parking requirement so as to allow four condo- minium units on property known as 1408 W. Latimer Avenue in a R-2-S (Multiple Family Residential) Zoning District. Mr. Kee reported that the applicant is requesting a variance to the parking requirement for two bedroom condominiums from 2.5 spaces per unit to 2.25 spaces per unit. If this variance is approved, the subject development would have one (1) parking space less than typically required for a condo- minium project of this size. The applicant had formerly requested approval of a reduction in landscaping area along Latimer Avenue so that parking could be provided per the code requirements for condominiums, and this request was forwarded to the City Council without a recommendation from the Commission. The applicant is now requesting a variance to the parking requirement so that a reduction in landscaping is not required. Commissioner Meyer noted that a letter had been received pertaining to this item and requested the secretary to read this letter into the minutes. A letter dated August 19, 1982 from Councilwoman Lu Ryden was read into the minutes by the Recording Secretary (attached hereto). Chairman Meyer declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Bruce Cato, 1727 Mendenhall Drive, appeared before the Commission to state his concern with the on-street parking problem in this area. Mr. Kee noted that the parking referred to in this application is on-site parking. Mr. Larry Cockrell, applicant, presented statistics comparing his development and others like it. He asked the Commission for a favorable decision: Commissioner Dickson asked if this application is strictly for a variance of the parking layout, and if a site plan had been presented. Mr. Kee referred to the site plan that was displayed for the parking layout. He noted that the Architectural Advisor has commented that the layout is workable, & the location of the trash enclosure has been approved by the Fire Department. Commissioner Dickson commented that this project possessed the long narrow driveway situation that the Commission has been trying to prevent in the past. Commissioner Howard asked if the relocation of the trash enclosure allowed for adequate back-up space for the proposed parking space. Mr. Haley stated that there was adequate back-up space. Chairman Meyer stated that she passes this development every day and has not noticed a parking problem--but rather has noticed a very nice looking development with well-manicured grounds. Mr. Kee stated that with the current proposal, the landscaping would remain as it currently exists. Commissioner Howard stated that in his opinion the granting of this variance would not create a problem. It was moved by Commissioner Kasolas, and seconded by Commissioner Howard, that the public hearing be closed. It was moved by Commissioner Kasolas, and seconded by Commissioner Howard, that V 82-02 be approved, subject to the conditions.:listed in the Staff Comment Sheet. Discussion Commissioner Dickson stated that he is not in favor of the motion for approval because he did feel that the parking layout was adequately shown, and the final number of parking spaces was not in compliance with the current ordinance. Additionally, a letter has been received speaking against this variance from the surrounding neighborhood. Commissioner Howard stated that he did not see a difference between condo- miniums and apartments as far as parking requirements. Commissioner Fairbanks noted that she was in agreement with Commissioner Dickson; however, she appreciated t~1r. Cockrell's efforts. Vote AYES: Commissioners: Kasolas, Howard, Meyer P~OES: Commissioners: Dickson, Campos, Fairbanks ABSENT: Commissioners: Kotowski Motion for approval failed. nicruccinn Commissioner Campos stated that he would prefer the matter be continued rather than go on to Council without a recommendation. Commissioner Kasolas stated that this would be an appropriate time for the Commission to take a look at the parking standards. Mr. Kee suggested that, in light of an item at the end of this evening's agenda pertaining to parking standards, the Commission might wish to consider a continuance for this item. Commissioner Howard then removed his second on the motion to close the public hearing for V 82-02. Commissioner Kasolas removed his motion to close the public hearing. It was then moved by Commissioner Howard, and seconded by Commissioner Kasolas, that V 82-02 be continued to the Planning Commission meeting of September 28, 1982. Motion carried with a vote of 6-0-1. *** The Commission took a break at 8:55 p.m.; the meeting reconvened at 9:10 p.m. *** UP 82-17 Now is the time fora public hearing to consider the Kronzer, P, application of Mr. Philip Kronzer for a use permit to allow a flea market operation on September 11 and 12 on property known as 1500, 1506 and 1510 Dell Avenue in a CM B-40 (Controlled Manufacturing/ Industrial) Zoning District. Mr. Kee reported that a request has been received from the applicant that this item be removed from the agenda. This communication is attached hereto and made a part of these minutes, as well as a letter protesting the flea market use from Mr. George F. Van Sickle. 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, it was moved by Commission Fairbanks, and seconded by Commissioner Campos, that the public hearing be closed. Motion carried with a vote of 6-0-1. RESOLUTION N0. 2133 It was moved by Commissioner Fairbanks,. and seconded by Commissioner Dickson, that the Planning Commission adopt Resolution No. 2133 denying without prejudice UP 82-17, as per the applicant's request. Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Dickson, Howard, Campos, Fairbanks, Meyer NOES: Commissioners: None ABSENT: Commissioners: Kotowski *** UP 82-18 Now is the time for a public hearing to consider the Cline, G. application of Mr. George A. Cline for a use permit to allow on-sale beer and wine in a delicatessen on property known as 190 The Pruneyard in a_ C-2-S (General Commercial) Zoning District.; .~~'" Mr. Kee reported that the applicant is applying fora use permit to allow on-sale beer and wine at a delicatessen located next to the movie theatre in The Pruneyard. The Police Department has no comments regarding the liquor license. Staff does not anticipate any problems regarding this use, and is therefore recommending approval. 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, it was moved by Commissioner Fairbanks, and seconded by Commissioner Kasolas, that the public hearing be closed. Motion carried with a vote of 6-0-1. RESOLUTION N0. 2134 It was moved by Commissioner Kasolas, and seconded by Commissioner Howard, that the Planning Commission adopt Resolution No. 2134 approving UP 82-18 subject to the conditions listed in the Staff Comment Sheet. Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Howard, Campos, .Fairbanks, Meyer NOES: Commissioners: Dickson ABSENT: Commissioners: Kotowski *** TA 82-03 This is the time for a continued public hearing to Condominium Zoning consider the proposed City-initiated Text Amendments District to Chapter 21.07 of the Campbell Municipal Code entitled "CD (Condominium Zoning District)". Mr. Kee stated that the draft being recommended at this time differs significantly from the previous draft in the following ways: 1. The proposed draft :could apply only to the conversion of existing rental units to condominiums. 2. The proposed draft ties the conversion of existing rental stock to the Housing Element, with regard to maintaining a balance of housing type of tenure. 3. An E.I.R. would be required as part of any application for conversion of rental units to condominiums. 4. The proposed ordinance would apply only to conversion of residential units to condominiums, not commercial or industrial condominiums. 5. The proposed draft does not stipulate any standards for conversion other than compliance with state and local codes. Commissioner Kasolas spoke at length concerning how the sub-committee arrived at the proposed draft presented this evening. The proposed district is intended to assure that the City has an adequate opportunity to review any application which is forthcoming for conversion of rental units. Providing for an adequate review is the basis for the proposed requirement that each application for conversion be accompanied by an environmental impact report. The Committee did not put any additional requirements in the draft because it did not wish to restrict personal choice in home ownership. Commissioner Kasolas expressed the Committee's appreciation for the assistance of Mr. Stafford in the prepara- tion of this document. Chairman Meyer asked if the proposal was for a full-range E.I.R., or a focused E.I.R. Per. Kee stated that the requirement for the E.I.R. could be focused and still comply with the intent of the proposed draft, depending on the size of the proposed conversion. The flexibility would remain with the Staff and Commission. Commissioner Kasolas noted that the E.I.R. appeared to be one way that the Commission could obtain facts and figures showing the effects of the proposed conversion on the community. Commissioner Howard felt that the E.I.R. was a very good idea in that the City has the right to address the main areas of concern regarding its housing stock. Commissioner Dickson felt that although a great deal of discussion has pertained to less restrictions, the E.I.R. is proposing restrictions because the applicant must present lots of facts and figures. Commissioner Dickson questioned if there is something in the Housing Element that speaks to rental vs owner housing. -y- Mr. Kee noted that the Housing Element speaks to a balance of rental housing and owner-occupied housing in the community. Commissioner Dickson then expressed concern with item no. 5 presented earlier by h1r. Kee from the Staff Comment Sheet, noting. that again this goes back to the fact that in our city there is no difference in building standards between apartments and condominiums--only in the parking requirement. It was his opinion that the city is deferring to the State the obligation of defining a condominium. Mr. Kee noted that this ordinance refers to existing units proposed for conversion, that applications for new condominiums would come to the Commission under different circumstances. Commissioner Kasolas stated that the sub-committee was concerned with imposing additional standards over and above the state requirements. He added that the committee is not firm on the requirement of an E.I.R. and would welcome the suggestions of the Commission. Each application is going to have to be looked at on its own merits, and the maintaining of a proper housing balance in the community. Commissioner Fairbanks commented that if there was, as originally suggested by the former sub-committee, a definition and particular requirements for condominiums, there would be no problem. But, once again, the Commission is back to determining what a condominium is on an individual basis, rather than saying "in this City, this is what a condominium is--whether you convert or build a new one--this is what it is going to be." Commissioner Howard stated that in his opinion the third sentence under Section 21.07.040 was not necessary, that the social and economic impacts of a proposed conversion should be addressed by the City Planning Staff. Commissioner Dickson felt that more specific guidelines were needed in the ordinance. Commissioner Howard felt that a so-called "laundry list" of guidelines for conversion could be a nightmare. He felt that it would be much easier on an individual basis. Commissioner Dickson requested a report as to what the State conditions for conversion are. 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, it was moved by Commissioner Howard, and seconded by Commissioner Campos, that the public hearing be closed. Motion carried with a vote of 6-0-1. Discussion Commissioner Dickson stated that he felt the E.I.R. requirement was very restrictive, and that the standard for conversion should be more particular in our City, rather than allowing the State to set these standards. Commissioner Kasolas stated that it was his understanding that State law is paramount in this area, and that local ordinances are "in addition too." RESOLUTION N0. 2135 It was moved by Commissioner Howard, and seconded by Commissioner Campos, that the Planning Commission adopt Resolution No. 2135 recommending that the City Council adopt the revised Chapter ?_1.07 of the Campbell Municipal Code entitled "CD (Condominium Zoning District)". Motion carried by the following roll call vote: AYES: Commissioners: Kasolas, Howard, Campos, Meyer NOES: Commissioners: Dickson, Fairbanks ABSENT: Commissioners: Kotowski MISCELLANEOUS Staff Report Staff Report requesting the Planning Commission to set a date for public hearing to review parking standards. Mr. Kee reported that effective July 1, 1982, Title 24 of the State Adminis- trative Code set ne~v handicapped requirements for buildings. One of the changes is an increase in the number of handicapped parking spaces required and revised dimensions. Although the Commission has required that the State standards be met since July 1, 1982, the Zoning Code should be amended to reflect the requirement. At the time of the public hearing, it would appear appropriate to also review other portions of the parking requirements. In particular, Staff has compared Campbell's parking standards with those of other California cities and found that our requirements for office, commercial, manufacturing, warehouse, and compact cars vary substantially from those of other cities. Chairman P•teyer asked if the report to be made by Staff will include a comparison of other cities in this area. Mr. Kee noted that the report would include a comparison as well as a basis for various parking requirements. Commissioner Fairbanks requested the report to address how well the ratios work in other cities, as well as in Campbell. Commissioner Kasolas noted that an additional source of information for the report, particularly for industrial and commercial properties, would be lender's requirements; as well as the parking portion of the E.I.R. for the Campbell Grammar School. RESOLUTION N0. 2136 It was moved by Commissioner Campos, and seconded by Commissioner Campos, that the Planning Commission set the date of Tuesday, September 28, 1982, as the date to consider revisions to Chapter 21.50 of the Campbell Municipal Code (Parking-Loading). Motion carried by the following roll call vote: AYES: Commissioners: Kasolas, Dickson, Howard, Campos, Fairbanks, Pleyer NOES: Commissioners: None ABSENT: Commissioners: Kotowski n n ini in~ie~rr,~T It was moved by Commissioner Howard, and seconded by Commissioner Dickson, that the meeting be adjourned. The meeting was adjourned at 9:55 p.m. APPROVED: Jane P. Meyer Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda Dennis Recording Secretary