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PC Min 06/08/1982PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 PM MINUTES JUNE 8, 1982 The Planning Commission of the City of Campbell convened this day in regular ses- sion at the regular meeting place, the Council Chambers of the City Hall, 75 North Central Avenue, Campbell, California. ROLL CALL Present Commissioners: Kasolas (8:00 PM), Dickson, Kotowski, Fairbanks, Campos, Meyer; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Linda Dennis. Absent Commissioner Howard APPROVAL OF MINUTES May 25, 1982 It was moved by Commissioner Kotowski, and seconded by Commissioner Dickson, that the minutes of the Planning Commission meeting of May 25, 1982 be ap- proved as submitted. Motion carried (4-0-1-2), with Commissioners Fairbanks and Campos abstaining due to absence. CONSENT CALENDAR TS 82-5 Tentative Subdivision Map: Lands of Chargin. Chargin, D. APN 413-25-87 & 88 (166-180 Shelley Avenue). Mr. Kee reported that Staff has submitted a revised recommendation to the Commis- sion. This recommendation is for approval of this proposed tentative subdivision map, subject to the conditions listed in the Staff Comment Sheet (attached hereto). It was moved by Commissioner Dickson, and seconded by Commissioner Fairbanks, that TS 82-05 be found in conformance with the General Plan, and that it be for- warded to the City Council with a recommendation for approval. Motion carried unanimously (5-0-2). TS 82-4 Tentative Subdivision Map: Lands of Lampe. Lampe, J. APN 413-43-164 (300 Union Avenue). Mr. Kee reported that Staff is recommending a continuance of this item to the Planning Commission meeting of June 22, 1982 in order that the applicant may pro- vide evidence of a parking easement. It was moved by Commissioner Kotowski, and seconded by Commissioner Campos, that TS 82-4 be continued to the meeting of June 22, 1982. Motion carried unanimously (5-0-2). -2- PUBLIC HEARINGS UP 82-11 Now is the time fora public hearing to consider Kapiniaris, K. the application of Mr. Kostas Kapiniaris for a use permit to allow off-sale beer and wine from a deli- catessen on property known as 2523B South Winchester Blvd. in a C-2-S (General Commercial) Zoning Dis- trict. Mr. Kee reported that Staff is recommending that the Planning Commission adopt a resolution approving this application, subject to the conditions as listed in the Staff Comment Sheet. The applicant is applying for a use .permit to allow off- sale beer and wine from a delicatessen which is located behind Winchell's Donut Shop on South Winchester Boulevard. Mr. Kee added that the Police Department has indicated that they have no comments regarding this application for a liquor license. 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 Cormissioner Kotowski, that the public hearing be closed. Motion carried unani- mously. RESOLUTION N0. 2116 It was moved by Commissioner Kotowski, and seconded by Commissioner Campos, that the Planning Commission adopt Resolution No. 2116 approving UP 82-11, sub- ject to the conditions listed in the Staff Comment Sheet. Motion carried with the following roll call vote: AYES: Commissioners: Kotowski, Fairbanks, Campos, Meyer NOES: Commissioners: Dickson ABSENT: Commissioners: Kasolas, Howard UP 82-09 Now is the time for a continued public hearing to Nash, G. consider the application of Mr. Gary Nash on be- half of the West Valley Church of Christ for a use permit to allow the conversion of a single family residence to a church on property known as 400 Budd Avenue in an R-1 (Single Family Residential) Zoning District. Commissioner Kotowski reported that the applicant had met with the Site and Architectural Review Committee this morning. The Committee is recommending ap- proval with the r~llowing added condi~ions: 1. that the maximum capacity be 30 (rather than 25 as noted in the Staff Comment Sheet), because there is room for an additional parking space; 2. that this use be reviewed in six months, if ap- proved; and 3. that the landscape plan come back before the Sipe and Architectur- al Review Committee for approval. ` -3- Mr. Kee stated that Staff is recommending that the Planning Commission adopt a resolution approving this application, subject to the conditions as listed in the Staff Comment Sheet. Commissioner Fairbanks questioned the location of an easement onto the percolation ponds. Mr. Kee stated that this property can stand alone, and that there is no driveway from the property to the percolation ponds. Commissioner Fairbanks then asked Mr. Kee for the zoning policy regarding churches in an R-1 district. Mr. Kee responded that churches are an allowable use in an R-1 zoning district, with a use permit. Commissioner Fairbanks noted that there could be a parking problem in this par- ticular area, being next to the expressway. Commissioner Kotowski stated that the Site Committee had addressed the traffic situation in this morning's meeting. It was noted that this area has fairly light traffic on Sunday mornings. He added that the nature of this church is towards a very small congregation. Chairman Meyer declared the public hearing open and invited anyone in the audi- ence to speak for or against this item. No one wishing to speak, it was moved by Commissioner Kotowski, and seconded by Commissioner Campos, that the public hearing be closed. Motion carried unani- mously. RESOLUTION N0. 2117 It was moved by Commissioner Dickson, and seconded by Commissioner Fairbanks, that the Planning Com- mission adopt Resolution No. 2117 approving UP 82- 09, subject to the conditions as listed in the Staff Comment Sheet, as well as the additional con- ditions listed by the Site and Architectural Re- view Committee. Motion carried by the following roll call vote: AYES: Commissioners: Dickson, Kotowski, Fairbanks, Campos, Meyer NOES: Commissioners: None ABSENT: Commissioners: Kasolas, Howard UP 82-04 Now is the time for a continued public hearing to Russo, J. consider the application of h„. Joseph Russo for a use permit to allow the establishment of a private club and the construction of an accessory building on property known as 175 E. Campbell Avenue in a PD (Planned Development/Commercial) Zoning District. -4- Commissioner Kotowski reported that this item had been before the Site and Architectural Review Committee this morning, and the Committee is now recommend- ing approval. Mr. Kee briefly reviewed the application for the Commission, and stated that Staff is recommending that the Commission adopt a resolution approving this ap- plication, subject to the conditions as listed in the Staff Comment Sheet. Chairman Meyer declared the public hearing open and invited anyone in the audi- ence to speak for or against this item. No one wishing to speak at this time, it was moved by Commissioner Fairbanks, and seconded by Commissioner Kotowski, that the public hearing be closed. Motion carried unanimously. RESOLUTION N0. 2118 Commissioner Fairbanks moved, and Commissioner Kotow- ski seconded, that the Planning Commission adopt Resolution No. 2118 approving UP 82-04, subject to the conditions as listed in the Staff Comment Sheet. Motion carried by the following roll call vote: AYES: Commissioners: Dickson, Kotowski, Fairbanks, Campos, Meyer NOES: Commissioners: None ABSENT: Commissioners: Kasolas, Howard Commissioner Kasolas entered the Council Chambers at 8:00 PM. PD 81-13 Now is the time fora continued public hearing to Prometheus consider the application of Mr. David Musgrave on be- Development Company half of "900 E. Hamilton Avenue--A General Partner- ship" fora Planned Development Permit and approval of plans, elevations, and development schedule to al- low the construction of three office buildings and related parking structures on property known as 920 E. Hamilton Avenue (Hamilton Avenue Mobile Home Park) in a PD (Planned Development/Commercial) Zoning District. Mr. Kee reported that a request for continuance to the meeting of August 10 has been received from the applicant. After a brief discussion concerning the scheduled study session on this item, Commissioner Campos asked i. discussion on this study session might be appropriate at this time. Mr. Kee stated that discussion on the study session would be appropriate at this time. He noted that the Commission has before them a letter from the mobile home- owners' association requesting to be placed on the agenda for this study session. -5- It was the consensus of the Commission that the continued public hearing on PD 81-13 be acted on prior to discussion of the study session agenda. Chairman Meyer declared the public hearing open and invited anyone in the audi- ence to speak for or against this item. Mr. Charles Williamson, 8 Circle Drive, appeared before the Commission to speak in favor of the Staff recommendation for continuance to August 10, 1982. It was moved by Commissioner Fairbanks, and seconded by Commissioner Kotowski, that PD 81-13 be continued to the Planning Commission meeting of August 10, 1982. Motion carried unanimously. At this time the Commission proceeded to discuss the request of the Hamilton Avenue Mobilehomeowners' Association to be placed on the Study Session agenda on June 17, 1982. It was the consensus of the Commission that the letter dated June 5, 1982 from Mr. Charles Williamson, 8 Circle Drive, Campbell, California be made a part of this record (attached hereto). Commissioner Campos questioned if the study session would be noticed in the same manner as a public hearing. Mr. Kee stated that it would not be noticed in this manner, since the study ses- sion is not a public hearing, but rather an opportunity for the Commission to ask questions about the proposed development. Mr. Kee continued that it would be helpful if Staff could be notified of the subjects that the park residents wish to address the Commission on in order that these topics could be agendized. Mr. Williamson stated that it was his understanding that two or three representa- tives from his group (mobilehome park residents) would be present. He noted that the representatives have a number of issues they would like to raise in relation to the traffic, the "bridge or tunnel", and relocation. There being no further discussion on the upcoming study session, the Commission was reminded that the study session will be held on Thursday, June 17, 1982 at 7:30 PM in the City Hall Council Chambers. An agenda is forthcoming. MISCELLANEOUS UP 81-07 Six-month review of the application of Mr. Kenneth Sternberg, K. Sternberg for an amendment to a previously approved use permit to allow live entertainment in an exist- ing restaurant (Remington's) on property known as 1730 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. -6- Mr. Kee reported that at its October 6, 1981 meeting, the Commission approved an amendment to a use permit to allow live entertainment in an existing res- taurant (Remington's). A condition of approval required a review by the Plan- ning Commission in six months to insure compatibility of this additional use with the surrounding neighborhood. The Police Department has no comments re- garding the live entertainment at Remington's. The Planning Department has not received any complaints regarding Remington's either, and is of the opinion that the use is compatible with the surrounding neighborhood. It was moved by Commissioner Kasolas, and seconded by Commissioner Kotowski, that UP 81-07 be approved, thereby finding the use compatible with the sur- rounding neighborhood. Motion carried unanimously (6-0-1). PD 81-14 Request of Hill-Adams, Inc. for approval of a change Hill-Adams, Inc. to the exterior building materials from stucco to 4" grooved ply sheeting for a 14-unit condominium pro- ject to be constructed on property known as 55 Red- ding Road in a PD (Planned Development/Low-Medium Residential) Zoning District. Commissioner Kotowski reported that this item was before the Site and Archi- tectural Review Committee this morning. The applicant is requesting a change of the exterior building materials and a possible change of exterior color. The Architectural Advisor has some real concerns with the maintenance on the newly requested materials; it was his opinion that rough-hewn plywood tends to buckle as well as fade, which may tend to degrade the project in the future. The Committee would like the entire Commission to hear this case, without a recommendation from the Committee. Mr. Kee stated that in Staff's opinion, this proposal is a major change to the plans that were approved by the City Council -from stucco to wood-siding. Staff's concern is whether this is classified as a minor modification or a change to the plans. If the Commission determines that this request is a minor modification, then the request can be handled at Staff level. Otherwise, the request must be forwarded to Council. The Architectural Advisor feels that this request is a major change. Commissioner Kasolas noted that since this project is to be sold under the special mortgage rate bond revenue program for low-moderate income persons, the Commission should consider this request which is going to cut the cost of construction. Commissioner Kotowski commented that the Architectural Advisor had stated at this morning's meeting that he has seen no use of this type of siding that has positively withstood the test of ti~~~e. Commissioner Kasolas stated that it was his feeling that this request was a major change, and should be taken to the Council. He added that the Commission should also try to make the development work because he felt it would be an asset to the community. -7- Commissioner Dickson stated that he felt rather bold in approving changes to a project that had been denied by the Commission, and approved by the Council. Commissioner Fairbanks agreed with Commissioner Dickson. She then asked Mr. Kee what the next step would be if the Commission denied this request. Mr. Kee stated that should the Commission determine that this request is not a minor modification, then it would go on to Council. Mr. Randy Stevens, Hill-Adams Development Company, appeared before the Commission to speak in favor of a determination that this request is a minor modification, and should be decided at Staff level. He continued that the proposed plywood treatment would give the project the same monolithic design that was approved with the stucco exterior. Mr. Stevens presented color samples to the Commission for their review. He noted that the project is framed to the second floor level, and they are asking fora decision this evening in order that they might take delivery of building materials immediately. Mr. John Adams, President of Hill-Adams, appeared before the Commission to speak in favor of this exterior modification. He stated that the main reason for the request is to avoid cracking of the stucco, and that it is his belief that a ply- wood exterior surface would stand up to the elements better than stucco. Mr. Kee reiterated the Architectural Advisor's comments as stated in the Staff Comment Sheet, which were made prior to the Site Committee meeting this morning. "The proposed change in building materials dilutes the design of the original project." It was moved by Commissioner Dickson, and seconded by Commissioner Campos, that the Planning Commission find this request to be a major change to the approved plans. Motion carried unanimously (6-0-1). It was moved by Commissioner this request for a change to wood siding be denied based A roll call vote was taken: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Dickson, and seconded by Commissioner Campos, that the exterior building materials from stucco to ply- on the recommendation of the Architectural Advisor. Dickson, Campos, Meyer Kasolas, Kotowski, Fairbanks Howard Motion fails with a vote of 3-3-1. City Attorney Dempster explained to the applicant that this item would be referred to the City Council with no recommendation from the Planning Commission. Staff Report Staff report regarding concerns expressed at previous Planning Commission meetings: 1. Parking of motorcycles on properties known as 2082-2096 S. Winchester Boulevard; and 2. Completion of project on property known as 2006 S. Winchester Boulevard. -8- Mr. Kee reported that at its previous meeting of May 11, 1982, the Planning Com- mission discussed numerous concerns it had regarding developments throughout Campbell. Staff has responded to each of these concerns below. 1. Parking and/or Display of Motorcycles at 2082-2096 South Winchester Boulevard The Commission expressed concern regarding the display of motorcycles within the street right-of-way on the above-referenced properties. The Planning Staff has investigated this matter and found that the motorcycles parked along the curb are currently registered and do not appear to be for sale. Staff is of the opinion that the parking of such vehicles does not violate the conditions of approval as specified by the conditional use permits which permitted the establishment of these uses. The Commission should be aware, however, that parking along this portion of Win- chester Boulevard is limited to 2 hours, and can be enforced by the Campbell Police Departr,~ent. Additionally, the Public Works Department is considering the establishment of a no parking zone in this area due to the character and level of traffic in this area. 2. Installation of Landscaping and Screening of Roof Equipment at 2006 South Winchester Blvd. (the southeast corner of E. Campbell Ave. and Winchester Blvd) Concern was raised at the Commission's previous meeting regarding the completion of the above-referenced project. This project has not received a final certifi- cation from the Planning Department. The landscaping, however, appears to have been installed as per the approved plan. The Planning Department will not re- commend releasing utilities for this project until the project is complete or sufficient bonding has been provided to guarantee completion. The project would not be considered complete until the roof screening has been provided. After brief discussion concerning the Staff Report, it was the consensus of the Commission that this report be acknowledged and filed. *** PM 82-04 Request of Mr. Joseph Louis on behalf of Dr. Erwin Lands of Pinto Pinto for approval of a conditional exception to subdivision regulations for property known as 751 South Pecan Way in an R-1 (Single Family Residential) Zoning District. Mr. Kee stated that on March 17, 1982 the Planning Director denied the proposed tentative parcel map of the applicant. This denial was based on the fact that the rear parcel, "Parcel 2", as proposed, did not have sufficient area as re- quired by Section 20.20.060(2) of the subdivision regulations. This section re- quires that (2) The rear lot shall meet all of the requirements of the zone district within which it is located and, in addition, shall have an area which exceeds the lot area requirement by ten percent exclusive of any access to a public street; -9- In this particular situation, the minimum area of the rear lot would have to be 6,600 square feet exclusive of any access to a public street. The proposed ten- tative parcel map indicated 5,250 square feet for the rear parcel exclusive of the required access. .The applicant at this time is requesting an exception to the subdivision regula- tions as provided in Chapter 20.28 of the subdivision regulations. The Planning Commission may recommend an exception to the subdivision regulations if it makes the following findings: 1. That there are special circumstances or conditions affecting the property; 2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner; 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. (Prior Code 9118). Staff is of the opinion that the applicant has not demonstrated facts to support the above findings. A letter requesting the exception is attached hereto and made a part of this record. Commissioner Campos noted that the driveway for the proposed rear lot is 100 feet long and 15 feet wide. Ne asked if there have been any comments from the Fire Department. Mr. Kee stated that there have been no comments from the Fire Department because the driveway is in conformance with Fire Department regulations. The problem is with the lot size. The only way to achieve this lot split is through a condition- al exception to the subdivision regulations. Commissioner Kotowski asked if there have been any other lot splits of this type approved in this area. Mr. Kee stated that he did not recall any others, and it was Staff's opinion that approval of this request would establish a precedent. Dr. Erwin Pinto, applicant, appeared before the Commission to speak in favor of this application. He stated that he had purchased the property while it was in the County with the intent of building a second home on the rear portion. He noted that he had been led to believe that a lot split was possible. Dr. Pinto added that he intends to construct two new homes which would greatly enhance the neighborhood. Ne questioned why the drive~~:ay footage is not included in the measurements of the lot. Mr. Kee stated that the driveway footage is not included in the lot size as set forth in the rules and regulations of the subdivision ordinance (20.60.060(2), cited earlier. -10- Mr. Joseph Louis, engineer, appeared before the Commission to speak in favor of this lot split. He felt that his client was being treated unfairly because he owned a lot that was situated in the middle of the block, rather than on a corner. Mr. Louis stated that he believed the lot is a special circumstance, that the property was purchased prior to annexation into Campbell, and that the replace- ment of three "shacks" with two new homes would greatly improve the neighborhood. Commissioner Kasolas noted that the applicant should be made aware of the hear- ings that will be held in the San Tomas Area in June. Mr. Kee stated that the existing area is 12,750 square feet, and in order to ac- complish what is being proposed, in accordance with the subdivision ordinance, the applicant would need 14,000 square feet. There is a shortage of 1,250 sq. ft. Commissioner Kasolas noted that it was his feeling that the ordinance seems to be unclear in addressing the access situation. Dr. Pinto stated that in 1979 he had inquired of City Staff regarding the possi- bility of splitting this property. He questioned what could have happened between 1979 and 1982. Commissioner Kotowski informed the applicant about the formation and findings of the San Tomas Task Force pertaining to larger than normal lot sizes, and stated that perhaps at the time the applicant inquired about the lot split, it was feas- ible under the existing policies. However, policies for development in this area ave since changed. It was moved by Commissioner Fairbanks, and seconded by Commissioner Kotowski, that PM 82-04 be denied as presented. Motion carried by a vote of 5-1-1, with Commissioner Kasolas voting "no". Mr. Kee explained to the applicant that he now has an opportunity to appeal the decision of the Planning Commission to the City Council. *** Referral from City Council Referral from City Council regarding San Tomas General Plan public hearings. Chairman Meyer stated that the Planning Commission will follow the direction of the City Council, and will hear Area 5 at the first public hearing in the San Tomas Area on June 29, 1982. Chairman Meyer noted that the Commission had con- sidered the order of the Areas to be heard at length. *** OTHER ITEMS BROUGHT UP BY COMMISSIONERS Commissioner Dickson referred to an item in the Legislative Bulletin of May 21, 1982 regarding Residential Care Homes. AB 3795 now gives local jurisdictions -11- the power to control, through the use permit process, residential care homes, whereas, in the past, it was required that permits be granted when requested. ^n.l(111RNMFNT It was moved by Commissioner Fairbanks, and second- ed by Commissioner Kotowski, that the meeting be ad- journed. The meeting adjourned at 9:22 PM. APPROVED: _ Jane P. Meyer Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda Dennis Recording Secretary