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PC Min 07/27/1982PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES JULY 27, 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 North Central Avenue, Campbell, California. ROLL CALL Present Commissioners: Kasolas (8:05), Dickson, Howard, Kotowski, Campos, Fairbanks, Meyer; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Public Works Director Joseph Elliott, City Attorney J. Robert Dempster, Recording Secretary Linda Dennis. Absent Engineering Manager Bill Helms Chairman Meyer introduced Mr. Joe Elliott, Director of Public Works, to the Commission. Mr. Elliott was present this evening in the absence of Mr. Helms. Chairman Meyer also introduced Mrs. Louise Pena, Clerk-Steno in the Planning Department. APPROVAL OF MINUTES July 13, 1982 It was moved by Commissioner Fairbanks, June 29, 1982 and seconded by Commissioner Dickson, that July 14, 1982 the minutes of the Planning Commission meeting of July 13, 1982, and the minutes of the Special Hearings of June 29, 1982 and July 14, 1982 be approved as submitted. Motion carried, with Commissioners Campos and Kotowski abstaining on the minutes of July 13, 1982, and Commissioner Howard abstaining on the minutes of the Special Hearing of June 29, 1982. CONSENT CALENDAR TS 82-04 Continued Tentative Subdivision Map: Lands Lampe, J. of Lampe. APN 413-43-164 (300 Union Avenue). Mr. Kee reported that the Staff recommendation is that t~~e Planning Commission find this proposed map in accordance with the General Plan and recommend that the City Council approve this map, subject to the conditions listed in the Staff Comment Sheet (attached hereto). It was moved by Commissioner Campos, and seconded by Commissioner Dickson, that TS 82-04 be approved as per staff recommendation, subject to the conditions as listed in the Staff Comment Sheet. *** -2- At this time, it was the consensus of the Commission to take Item No. 9 on this evening's agenda. MISCELLANEOUS Minor Modification Request of Mr. Dennis Chargin for a minor modification to the approved site plan for properties known as 166 and 180 Shelley Avenue in a PD (Planned Development/Low- Medium Density Residential) Zoning District. Commissioner Kotowski reported that this item had been considered by the Site and Architectural Review Committee this morning, and the Committee is recommending approval as redlined. Commissioner Dickson questioned the reduction of the front yard setback, asking how the setback would be handled if this were a normal zoning district rather than Planned Development. Mr. Kee responded that in a normal residential zoning district, the setback requirement is 15 feet. However, in this project there is still 23 feet from the building to the curbing because of 10 feet of sidewalk. Commissioner Dickson asked if this item should be handled as a public hearing because it appeared to be a variance, rather than a minor modification, in that it dealt with the front yard setbacks. He continued that it was his feeling that it should be considered under the public hearing process since it had first been heard under this process, and perhaps the neighborhood wished to comment. Mr. Kee stated that the setbacks presented in the modification would still be allowable under normal zoning districts. ' It was moved by Commissioner Kotowski, and seconded by Commissioner Howard that the Planning Commission approve this minor modification to the approved plans of ZC 81-09 as redlined by Staff. Motion carried with vote 4-2-1. *** PUBLIC HEARINGS UP 82-13 Continued public hearing to consider the Ragasa, R. application of Mrs. Rachael 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 W. Hamilton Avenue in an R-2-S (Multiple Family Residential) Zoning District. Mr. Kee reported that at its meeting of July 13, 1982 this item was continued so that the applicant could submit a revised plan indicating the relocation of the rear deck and stairs. In addition, the applicant was to indicate a reduction to the maximum occupancy of the building. As of this meeting, Staff has not - 3- received any revisions from the applicant, and therefore a continuance to the meeting of August 10 is recommended. Chairman Meyer declared the public hearing open and invited anyone in the audience to speak. No one wishing to speak at this time, it was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that UP 82-13 be continued to the meeting of August 10, 1982. Motion carried with vote of 5-0-1. *** PD 82-03 Continued public hearing to consider the Wada, H. application of Mr. Hoji Wada on behalf of Santa Clara Valley Japanese Christian Church for a Planned Development Permit and approval of plans,.elevations, and development schedule to allow a 3,000 sq.ft. addition to an existing church on property known as 40 Union Avenue in a PD (Planned Development/Public Facilities) Zoning District. Commissioner Kotowski reported that this item had been before the Site and Architectural Review Committee this morning, and that the Committee reviewed items that had been expressed by Staff in the Staff Comment Sheet of the meeting of July 13, 1982. He noted that the Committee is recommending approval with the additional condition that the landscape plans come back to the Committee for review prior to the issuance of a building permit, and redlining of the plans by Staff. Mr. Stafford reported that the redlining essentially addresses additional landscaping in the parking lot, the relocation of the proposed handicapped parking stall, and the proposed one-way drive toward Michaels Drive. Staff is recommendin approval, subject to the conditions as listed in the Staff Comment Sheet attached hereto). 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 Kotowski that the public hearing be closed. Motion carried with a vote of 6-0-1. RESOLUTION N0. 2126 It was moved by Commissioner Dickson, and seconded by Commissioner Fairbanks, that the Planning Commission adopt Resolution No. 2126 recommending approval of PD 82-03, subject to the conditions as listed in the Staff Comment Sheet, as well as those conditions stated by the Site and Architectural Review Committee. Motion carried by the following roll call vote: -4- AYES: Commissioners: Dickson, Meyer None Kasolas Howard, Kotowski, Campos, Fairbanks NOES: Commissioners: ABSENT: Commissioners: UP 82-14 Guinta, J. *** Public hearing to consider the application of Mr. Joseph Guinta for a use permit to allow the establishment of a flea market the second weekend of each month in the parking lot of property known as 1739-1783 S. Winchester Blvd. (Campbell Center Shopping Center) in a C-2-S (General Commercial) Zoning District. Mr. Kee reported that at its pervious meeting of June 22, 1982 the Planning Commission adopted Resolution No. 2121 which would allow the establishment of a flea market use in a C-2-S (General Commercial) Zoning District, subject to approval of a conditional use permit. The applicant at this time is requesting approval of a use permit to allow a flea market use in the Campbell Center Shopping Center located on property known as 1739-1783 S. Winchester Blvd. The applicant proposes to conduct the flea market on a monthly basis within the shopping center parking area. The proposal indicates that the flea market would be held on Saturdays and Sundays, the second weekend of each month. Mr. Kee continued that Staff is recommending approval of this request, subject to the conditions as listed in the Staff Comment Sheet. At this time the Recording Secretary read into the minutes a letter from Ms. Pauline E. Davis, 195 N. Third St., dated July 24, 1982 (attached hereto and made a part of these minutes). Chairman Meyer declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Joseph Guinta, applicant, handed out a letter to the Commission (attached hereto and made a part of these minutes). Mr. Adam Alb, 1757 Winchester Blvd., appeared before the Commission to state that the merchant's association has reached an ~~reement with the Calvary Church regarding the use of the parking lot for the flea market, and requested that the Commission approve this use permit request. Mr. David Valasco, 300 Union Avenue, appeared before the Commission to speak in favor of the flea market stating that it was a good way to get people into the downtown area of Campbell. Mr. Tom Sullivan, representing the merchant's association, stated that an agreement has been reached with the church, wherein the flea market will not be held on Sundays, it will be held only one Saturday a month. -5- Mr. Doug Dobson of Holy City, spoke in favor of the flea market. Mr. Dave Roekle, Asst. Pastor of Calvary Chapel, stated that they are in agreement with the flea market being held on one Saturday per month. Commissioner Kasolas entered the Council Chambers at 8:05 p.m. Mr. Dan Cox, 665 Vasona Ct., Los Gatos, spoke in favor of the flea market and stated that he has been selling there for approximately six years. No one else wishing to speak, it was moved by Commissioner Kotowski, and seconded by Commissioner Dickson, that the public hearing be closed. Motion carried unanimously. Commissioner Kotowski complimented the people involved in this issue for settling the problem of the parking lot use. Commissioner Campos noted that there appeared to be three factions involved in this discussion this evening; the merchant's association, the church, and the vendors of the flea market who were requesting to sell on Saturday and Sunday. Mr. Kee noted that the Commission should only consider the request of the applicant--the merchant's association. RESOLUTION N0. 2127 It was moved by Commissioner Dickson, and seconded by Commissioner Kasolas, that UP 82-14 be approved subject to the conditions listed in the Staff Comment Sheet with the following changes: Flea market sale area shall be limited to areas indicated in Exhibit A; and, flea market to be operated a maximum of one Saturday per month between the hours of 9 a.m. and sunset. Motion carried with the following roll call vote: AYES: Commissioners: Kasolas, Dickson, Howard, Kotowski, Campos Fairbanks, Meyer NOES: Commissioners: None ABSENT: Commissioners: None UP 82-15 Public hearing to consider the application Woodell, B, of Mr. Brian Woodell for a use permit to allow exterior modifications to an existing restaurant on property known as 771 W. Hamilton Avenue in a PD (Planned Development/ Commercial) Zoning District. -6- Commissioner Kotowski reported that this item had been before the Site and Architectural Review Committee this morning and the Committee is recommending approval. He called attention to the statement in the Staff Comment Sheet concerning the lanterns on the roof, noting that the Committee had come up with a way that the lanterns could be included but would not be sticking up around the edge of the roof--if the lanterns are an integral part of the design of the building. He added that the Committee is also recommending that the landscape plans be returned to them for review. Mr. Stafford briefly reported on the application, and noted that Staff is also recommending a six-month review relating to the request for a 24-hour operation. Chairman Meyer declared the public hearing open and invited anyone in the audience to speak for or against this application. Mr. Brian Woodell, applicant, stated that it is really Naugle's policy for a 24-hour operation because they include a breakfast menu.- it would not be economically feasible if they could not be open 24 hours or if they lost their use permit after six months. Commissioner Campos questioned if this 24-hour policy applied to the entire restaurant or the drive-up window. Mr. Woodell replied that it is his understanding that the policy applies to the entire restaurant. Commissioner Kotowski stated that this issue had been discussed at length in this morning's meeting, noting that Denny's is the only other 24-hour restaurant in the area, as well as how the Commission felt about the 24-hour usage. This was the reason for the six-month review suggestion. Commissioner Kotowski continued that Mr. Woodell had stated this morning that if the restaurant could not function on the 24-hour basis they would be cutting their hours back. Commissioner Dickson questioned the zoning of the surrounding properties. Mr. Kee stated that the zoning along Hamilton Avenue is Planned Development/ Commercial, with a shopping center to the immediate west of this project. Commissioner Howard stated that he did not see any reason for the six month review in that it was just another item to come back before the Commission in the near future that will cost all parties money. Mr. Woodell requested that he be allowed to submit the landscaping plan in conjunction with the application for a building permit. Chairman Meyer noted that this was a technicality to be worked out with Staff. Commissioner Campos stated that some of the reasons for the six-month review which had been discussed at this morning's meeting included problems with -7- littering, noise, activity--all types of things which might generate community complaints. Mr. Kent Woodell, applicant's brother, appeared before the Commission to state that he was confused over the reaction of the Commission. He continued that he did not think there have been any historic problems in the area with the 24-hour usage, and he felt that the restaurant should be allowed the chance to try the situation. If the owners lose the right of operating on a 24-hour basis, then they will lose their lease and the building will be empty. He felt this 24-hour situation should be left up to the good judgement of the owners. No one else wishing to speak, it was moved by Commissioner Fairbanks and seconded by Commissioner Campos, that the public hearing be closed. RESOLUTION N0. 2128 It was moved by Commissioner Kotowski, and seconded by Commissioner Campos, that UP 82-15 be approved subject to the con- ditions as listed in the Staff Comment Sheet with the added conditions that the landscape plan come back to the Site and Architectural Review Committee and that the use permit be reviewed in six months. Motion carried with the following roll call vote. AYES: Commissioners: Kasolas, Dickson, Howard, Kotowski, Campos, Fairbanks, Meyer NOES: Commissioners: None ABSENT: Commissioners: None PD 82-04 Public hearing to consider the application Dewey, R. of Mr. Richard Dewey, Jr. for a planned development permit and approval of plans, elevations and development schedule to allow the construction of a 24,095 sq.ft. research and development building on property known as 2605 S. Winchester Blvd. in a PD (Planned Development/Commercial) Zoning District. Commissioner Kotowski reported that this item had been before the Site and Architectural Review Committee this morning, and that the Committee is recom- mending a continuance to the meeting of August 10, 1982 with the concurrence of the applicant. - 8- Mr. Stafford briefly reviewed the application, noting that Staff has several concerns as listed in the Staff Comment Sheet, and that Staff concurs with a continuance to the meeting of August 10 (rather than August 24, as stated in the Staff Comment Sheet). Chairman Meyer declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Robert Brown, 170 Friar Way, appeared before the Commission stating he is representing the residents on Friar Way and that he had several written questions that he wished the Commission and Staff to address this evening. Mr. Kee stated that it would be helpful to the Staff if they could see the questions, research the answers and report at the next meeting. Chairman Meyer concurred that this was the usual procedure. Mr. Kee stated that from the beginning of this proposal, Staff has encouraged the applicant to meet with the people in the neighborhood. He continued that Staff did not have a problem with making the questions a part of the record this evening--however, it would greatly assist Staff if they could meet with the applicant to get the questions answered. Commissioner Campos stated that it was his understanding from this morning's meeting that the applicant had been in the neighborhood and that questions had been answered and that there were no problems. He asked the speaker if he was now saying that the residents are not aware of the proposed plans. Mr. Brown stated that the residents have a whole format of questions relating to traffic, chemicals, etc. He then presented this list to be included in the record (attached hereto and made a part of these minutes). Chairman Meyer requested Staff to research these questions and report at the next meeting. Commissioner Kasolas indicated that all these questions are usually addressed in the Staff Comment Sheet, except the toxic waste issue. Mr. Harvey Green, property owner, appeared before the Commission to state that he had spent a great deal of time speaking with Mr. Brown. He continued that he had walked the neighborhood extensively and asked the residents for their input. He extended an offer to the residents to purchase his property if they so jesire. He noted his concern that no one came to him to talk over their ideas and ask questions before they appeared this evening. Ms. Cheryl Smith, 241 Friar Way, indicated that a young gentlemen had visited them giving them the distinct impression that the proposed building was for the use of the existing recreational vehicle sales lot. -9- Mr. Richard Dewey, applicant, stated that he had gone personally to all the homes in the neighborhood--some of them twice because people were not home. The elevations that were presented to the residents showed the proposed utilization as distinctly research and development. He continued that he would ask the residents to present their questions to the Planning Staff and that he would work closely with Staff to answer these questions. He added that his company is involved with developing very light research and develop- ment projects with no underground storage uses or heavy traffic. Mr. Richard L. Mays, 170 Friar Way, stated that the residents are not opposing the proposal, but are interested in exactly what is going to be put on the property. He added that the residents are asking that the safety of the neighborhood be looked at, and that a sound wall be constructed. Commissioner Dickson suggested that the applicants arrange to meet with the residents before the next meeting, and that perhaps Staff might wish to be present at this meeting. It was moved by Commissioner Fairbanks, and seconded by Commissioner Dickson, that PD 82-04 be continued to the meeting of August 10, 1982. Motion carried unanimously. ZC 82-05 Public hearing to consider the application Vitcov, 6. of Mr. Ben Vitcov for a zone change from R-2-S (Multiple Family Residential) to PD (Planned Development/Medium Density Resi- dential) and approval of plans, elevations and development schedule to allow the construction of two townhomes on property known as 146 Sunnyside Avenue in an R-2-S (Multiple Family Residential) Zoning District. Commissioner Kotowski reported that this item had been considered by the Site and Architectural Review Committee this morning, and the Committee is recom- mending a continuance to the meeting of August 24, 1982 with the applicant's consent. Chairman Meyer declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Ben Vitcov, applicant, requested a waiver on the deadline for submission of revised drawings. Mr. Kee stated that Staff would be unable to receive reviews from other depart- ments in time to make a recommendation. Mr. Kee noted that the Staff recommendation is for denial as presented. It was moved by Commissioner Fairbanks, and seconded by Commissioner Kasolas, that ZC 82-05 be continued to the meeting of August 24, 1982. Motion carried unanimously. -10- TA 82-03 Condominium City-initiated public hearing to consider Zoning District the possible text amendments to Chapter 21.07 of the Campbell Municipal Code entitled "CD (Condominium Zoning District)" Mr. Kee stated that the sub-committee is still reviewing this item and therefore, Staff is recommending a continuance to the meeting of August 10, 1982. Commissioner Kasolas stated that the committee hopes to have a draft ready for the Commission by this weekend. Chairman Meyer declared the public hearing open and invited anyone in the audience to speak for or against this item. There being no one wishing to speak at this time, it was moved by Commissioner Kotowski, and seconded by Commissioner Howard, that TA 82-03 be continued to the meeting of August 10, 1982. Motion carried unanimously. *** ADJOURNMENT ATTEST: Arthur A. Kee Secretary It was moved by Commissioner Dickson, and seconded by Commissioner Campos, that the meeting be adjourned. The meeting adjourned at 9:10 p.m. APPROVED: Jane P. Meyer Chairman RECORDED: Linda A. Dennis Recording Secretary