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PC Min 05/11/1982PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 PM MINUTES MAY 11, 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, Dickson, Kotowski, Campos, Fairbanks, Meyer; Principal Planner Philip J. Staf- ford, Planner I Marty C. Woodworth, Engineering Man- ager Bill Helms, City Attorney J. Robert Dempster (7:50 PM), Recording Secretary Linda Dennis. Absent Commissioner Howard; Planning Director Arthur A. Kee. APPROVAL OF MINUTES April 27, 1982 It was moved by Commissioner Campos, and seconded by Commissioner Fairbanks, that the minutes of the Planning Commission meeting of April 27, 1982 be approved as submitted. Motion carried by a vote of 5-0-1, with Commissioner Kotowski abstaining. CONSENT CALENDAR S 77-14 Continued request of Dr. Mark S. Madden, DVM, for Padden, M, a reinstatement of previously approved plans to al- low the construction of an addition to the Bascom Animal Hospital which is located on property known as 2175 S. Bascom Avenue in a C-2-S (General Com- mercial) Zoning District. It was moved by Commissioner Dickson, and seconded by Commissioner Fairbanks, that S 77-14 be denied without prejudice in order that this item might be re- moved from the agenda, as requested by the applicant. Motion carried unanimous- ly (6-0-1). ARCHITECTURAL APPROVALS S 82-04 Continued application of Mr. Murray James on behalf James, M. of The Refinery for approval of plans and elevations to allow the addition of a 5-unit apartment build- ing to an existing 8-unit apartment building on pro- perty known as 180 & 181 Burnham Court in an R-2-S (Multiple Family Residential) Zoning District. -2- Commissioner Kotowski reported that this item had been before the Site and Archi- tectural Review Committee this morning, and the Committee is recommending ap- proval subject to the conditions as listed in the Staff Comment Sheet. He noted that in response to the comment of the Architectural Advisor that the east ele- vation of Building "A" needs some "relief", the applicant has agreed to re-design the referenced building to address this concern. Mr. Stafford reviewed the project for the Commission, stating that Staff is of the opinion that the applicant has addressed the concerns expressed previously, and therefore approval is recommended. He noted that the revised plans show parking on one side of the project and landscaping on the other side. Commissioner Fairbanks questioned the open space of the project. Mr. Stafford responded that it is Staff's understanding that this will be one project when the additional units are completed, and therefore the open space provided will be available to all the residents. Commissioner Fairbanks commented that it was her opinion that the open space provided was very usable and nice to see in this type of development. Commissioner Dickson stated that he felt the density was too great when all the open space was put together and the living units were all constructed at one end of the development. It was moved by Commissioner Kasolas, and seconded by Commissioner Kotowski, that S 82-04 be approved subject to the conditions listed in the Staff Comment Sheet (attached hereto). Motion carried by a vote of 5-1-1 (Commissioner Dickson op- posing). S 82-05 Continued application of Mr. Richard Sayer for ap- Sayer, R. proval of plans to allow exterior modifications to an existing restaurant on property known as 1805 S. Winchester Blvd. in a C-2-S (General Commercial) Zoning District. Commissioner Kotowski stated that this application had been considered by the Site and Architectural Review Committee this morning, and the Committee is recom- mending approval as red-lined. This approval also encompasses the four condi- tions listed in the Staff Comment Sheet. Commissioner Kasolas questioned the addition of the steeple to the building, stating that he felt it was, in effect, a sign. He noted that he would not be in favor of the application as presented. Commissioner Kotowski noted that the applicant showed the Site and Architectural Review Committee a number of photographs of buildings that have been re-designed in this manner. In this particular shopping center, there is not particular de- sign, and this particular building is set away from the main center, closer to Winchester Boulevard. -3- Commissioner Kasolas felt that the steeple has the effect of being a sign, and therefore an additional free-standing sign is not needed for this development. City Attorney J. Robert Dempster entered the Chambers at 7:50 PM. It was moved by Commissioner Dickson, and seconded by Commissioner Kotowski, that S 82-05 be approved subject to the conditions listed in the Staff Comment Sheet (attached hereto). Motion carried by a vote of 5-1-1, with Commissioner Kasolas opposing. *** ZC 81-09 Application of Mr. Dennis Chargin for approval of Chargin, D. revised plans for a previously approved application (ZC 81-09) 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 reviewed by the Site and Architectural Review Committee this morning, and that the Committee is re- commending approval of these revised plans. He noted that the applicant has decreased the density to 7.5 units per gross acre. Mr. Woodworth briefly reviewed the project for the Commission, noting that al- though Staff has recommended the use of bomanite paving to break up the large amount of asphalt proposed in the project, Staff would be in agreement with an- other type of paving (possibly aggregate) to accomplish this. He added that the lot coverage for the revised proposal is approximately 34%. It was moved by Commissioner Kotowski, and seconded by Commissioner Kasolas, that S 81-09 be approved subject to the conditions of approval as listed in the Staff Comment Sheet (attached hereto). Motion carried by a vote of 6-0-1. PUBLIC HEARINGS PD 82-01 Public hearing to consider the application of Mr. Hedley, W. William Hedley fora Planned Development Permit and approval of plans, elevations, and develop- ment schedule to allow the conversion of a single family residence to a 1,320 sq. ft. commercial/ professional building on property known as 850 E. Campbell Avenue in a PD (Planned Development/Com- mercial) Zoning District. Commissioner Kotowski reported that this item had been reviewed by the Site and Architectural Review Committee this morning, and the Committee is recommending approval with a condition that a revised parking layout be submitted to Staff. He noted that there had been considerable discussion regarding the possibility of relocating the garage on site, as well as obtaining an agreement with the property owner that the garage would not be used for storage purposes. The Committee felt that these conditions could be handled at Staff level. -4- Mr. Woodworth stated that, originally, Staff had recommended the removal of the garage because of the parking layout and because of past history of garages being used solely for storage, rather than for the parking for which they were intended. He noted, however, that Staff could support the moving of the garage. Commissioner Fairbanks questioned the location of the trash enclosure. Mr. Woodworth noted that there is no enclosure proposed for this site at this time. However, the applicant is proposing an agreement with the adjoining de- velopment to share the same enclosure. It is Staff's opinion that the type of use proposed (interior design) will not generate enough refuse to require a large trash dumpster. However, if the type of use changes down the line, then the Fire Department will require a trash enclosure be added to the site. Commissioner Kasolas asked if curb parking is to be allowed in this area. Mr. Helms stated that there will be no curb parking allowed on this section of Campbell Avenue in the near future. Commissioner Meyer declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Bill Hedley, the architect representing the property owner, appeared before the Commission to speak in favor of this project. He noted that it is his un- derstanding that an agreement with the adjacent site pertaining to trash en- closures is being developed. He stated that it is the owner's desire to keep the garage, since it is an integral part of his proposed business. The owner would like to be able to leave the company vans locked in the garage on week- ends, and keep them inside during the week whenever possible. The owner also anticipates using the loft area of the garage for some type of storage. Mr. Hedley added that although the current parking layout is not ideal, it is, in his opinion, functional. The spaces are going to be used by the same people everyday. He noted that the costs of this proposal had already exceeded the owner's expectations, and he requested that the parking layout be accepted as presented. Commissioner Kasolas questioned if the applicant would be willing to enter into an agreement wherein a certain amount of square footage will be used for office only and a certain amount for warehousing only, thereby allowing the required parking ratio of 1:200. Commissioner Kotowski stated that the visual configuration did not change with the removal of the garage. It was the Committee's concern that two of the spaces were inside the garage and these spaces had restricted vision. It was moved by Commissioner Kotowski, and seconded by Commissioner Dickson, that PD 82-01 be continued to the Planning Commission meeting of May 25, 1982 in order that the applicant could submit revised plans addressing the parking lay- out. Motion carried by a vote of 6-0-1. *** -5- PD 82-02 Public hearing to consider the application of Mr. Elliott, S. Stan Elliott on behalf of Mr. Richard Saliga for a Planned Development Permit and approval of plans, elevations, and development schedule to allow the construction of a 5,838 sq. ft. office building on property known as 34 S. Second Street in a PD (Planned Development/Commercial) Zoning District. Commissioner Kotowski reported that this item was considered by the Site and Architectural Review Committee this morning, and the Committee is recommending a continuance to the meeting of May 25, 1982 in order that the applicant may submit revised plans. Mr. Woodworth noted that Staff is in concurrence with this recommendation. 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 Dickson that PD 82-02 be continued to the Planning Commission meeting of May 25, 1982 in or- der that revised plans may be submitted. Motion carried by a vote of 6-0-1. UP 82-05 Continued public hearing to consider the application Brown, W. of Mr. Warren Brown for a use permit to allow a 400 sq. ft. living unit in a building approved for in- dustrial use on property known as 1075 Florence Way in an M-1-S (Light Industrial) Zoning District. Mr. Stafford reported that the applicant is in the process of getting cost esti- mates and has requested a continuance to the meeting of May 25, 1982. 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 Kotowski, and seconded by Commissioner Fairbanks, that UP 82-05 be continued to the Plan- ning Commission meeting of May 25, 1982. Motion carried by a vote of 6-0-1. *** The Commission took a break at 8:30 PM. The meeting reconvened at 8:45 PM. UP 82-06 Continued public hearing to consider the application Greenfelder, J. of Mr. J. D. Greenfelder on behalf of Atlantic Rich- field Company fora use permit to allow the conver- sion of the service bays of a gasoline station to a 24-hour mini-market while retaining the service islands for gasoline sales and to allow off-sale beer and wine sales on property known as 2015 S. Winchester Blvd. in a C-3-S (Central Business Dis- trict/Commercial) Zoning District. -6- Commissioner Kotowski reported that the Site and Architectural Review Committee met with the applicant, Mr. Greenfelder, this morning. He then requested that Commissioner Campos continue the report of the Committee. Commissioner Campos stated that the particular problem discussed in this mor- ning's meeting was the proposed use in this area, one of the major intersections of Campbell. He expressed concern for the 24-hour operation, as well as the off- sale beer and wine sales in combination with gasoline. He noted that approval of this application would require the widening of Winchester Boulevard for a short distance, at which point the street would again narrow, creating an un- sightly appearance for this intersection. Commissioner Kotowski stated his concern with the mixed use of a service station and off-site beer and wine sales. Additionally, the application requests a 14 foot sign on the corner of Winchester Blvd. and Campbell Avenue. Currently, there are no other large signs at this intersection. He noted that this par- ticular intersection represents the beginning of Campbell to people coming into the City, and he questioned if this would be the best possible use for this area. Commissioner Kotowski then stated that the Site and Architectural Review Com- mittee concurred that this item should be heard by the entire Commission, without a recommendation from the Committee. Mr. Stafford reviewed this item for the Commission, reporting that the project involves the conversion of the existing service bays and office of a gasoline station to a 1,730 sq. ft. mini-market. The east service islands, with 8 gas- oline pumps, will be used for the self-service sale of gasoline. The north islands (adjacent to Campbell Avenue) and island canopy will be removed. The two existing driveways on Campbell Avenue will be removed and replaced by a single driveway. The project will also require modifications to the turning radius at the corner of Campbell Avenue and Winchester Blvd. to allow a U-turn movement for north-bound Winchester Blvd. traffic. The electroliers will have to be relocated and a portion of Winchester Blvd. widened by 5 feet. Mr. Stafford also noted that, as the Commission is aware, if this application is approved, it will be the first combination mini-market/gasoline station per- mitted in the City. Section 21.22.030 (a)(5) of the Campbell Municipal Code al- lows the Commission to approve this type of use as follows: ..The sale of either retail or wholesale of other products or materials [other meaning those products not automotive-related] shall be permissible upon such conditions as the Commission may establish, including area, structural design of structures where the products and materials are dis- played and sold, and the effect upon traffic and safety.... As the Commission may recall, on July 13, 1981, the City Council allowed the con- version of a gasoline station to a retail clothing store (The Jean Station, Cam- den Avenue) while retaining gasoline sales. It is Staff's interpretation of this decision that the Council is not opposed to a combination retail sales and gasoline sales use. From a land use perspective, Staff is of the opinion that the combination use is compatible with the zoning and has been found acceptable in many other cities. In light of the above and because the applicant indicates substantial upgrading of the site, Staff is recommending approval of the use. However, Staff is recommending a 6 month review following final inspection so as to determine any problems and discuss any changes which might be required of future conversions. -~- In summary, Mr. Stafford noted, the applicant is requesting three items in this use permit: the conversion; an off-sale beer and wine permit; and signing. He noted that the Commission has received a letter from the property owner to the west speaking against this project (attached hereto and made a part of these minutes). Commissioner Kasolas asked if there were any other mini-markets in Campbell. Mr. Stafford stated that there are other mini-markets in Campbell. However, Staff is not aware if these markets are open 24 hours. These markets do, however, have extended hours. In recent months, there have been no complaints in the Planning Department regarding these types of markets. Commissioner Fairbanks requested clarification on Items S and T in the Conditions of Approval. Mr. Helms stated that there are presently two driveways to this site on Win- chester Boulevard and two driveways on Campbell Avenue. The intention is to re- place the two driveways on Campbell Avenue with one driveway, and leave the two driveways on Winchester Blvd. The Public Works Department is requesting five additional feet in order to accommodate a U-turn movement for northbound Win- chester Blvd. traffic. Chairman Meyer declared the public hearing open, and invited anyone in the audience to speak for or against this project. Mr. J. D. Greenfelder, Atlantic Richfield Company, appeared before the Commission to speak in favor of this proposal and to answer any questions the Commission might have. Mr. Greenfelder gave a brief history on his company's conversion of service stations into mini-markets. He noted that he has recommended that an earth-tone color scheme be used on the development, since it was his opinion that the usual ARCO color scheme did not fit into the area. If it is the desire of the Commission, the requested large sign will be deleted from the plans. He further stated that his company is concerned with such things as loitering and littering, and it is the dealer's aim to be an asset to the community. He con- tinued that perhaps the Commission would like to add a condition of approval to require the owner to hire a gardener to maintain the landscaping. Mr. Green- felder concluded that ARCO mini-markets are robbed much less frequently than other mini-markets, and that ARCO dealers are especially trained to combat the usual negative attributes of this type of use. Commissioner Kasolas asked if a marketing study had been done. Mr. Greenfelder stated that a study has been done, and that this site is an ex- cellent location. There being no one else wishing to speak at this time, it was moved by Commis- sioner Kotowski and seconded by Commissioner Dickson, that the public hearing be closed. Motion carried unanimously. Commissioner Dickson reviewed the findings necessary for the granting of a use permit, stating that the Commission is under no obligation to approve any re- quest fora use permit. -8- It was moved by Commissioner Kasolas that UP 82-06 be approved, subject to con- ditions listed in the Staff Comment Sheet. This motion dies for lack of a second. Commissioner Dickson moved, and Commissioner Fairbanks seconded, that UP 82-06 6e denied because it does not fit the conditions necessary for the granting of a use permit, and the location is not the best place for this type of use. Discussion on Motion Commissioner Kasolas stated that it was his feeling that this type of use fits into the plan for the downtown area and that this type of business would be providing a needed service to the community. He added that the proposal also included some necessary street improvements, which would be paid for by the ap- plicant. Vote on Motion RESOLUTION N0. 2108 Commissioner Dickson moved, and Commissioner Fair- banks seconded, that the Planning Commission adopt Resolution No. 2108 denying UP 82-06, citing the following reasons: (1) Application does not fit the conditions necessary for granting a use permit; and (2) Requested type of use not appropriate for this location. Motion for denial carried by the following roll call vote: AYES: Commissioners: Dickson, Kotowski, Campos, Fairbanks, Meyer NOES: Commissioners: Kasolas ABSENT: Commissioners: Howard UP 82-04 Continued public hearing to consider the application Russo, J. of Mr. Joseph Russo fora 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/Com- mercial) Zoning District. Mr. Stafford stated that the applicant is requesting a continuance of this item to the meeting of May 25, 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 Kasolas, and seconded by Commissioner Fairbanks, that UP 82-04 be continued to the Planning Commission meeting of May 25, 1982. Motion carried unanimously (6-0-1). *** -9- UP 82-08 Public hearing to consider the application of Mr. Archer, J. John Archer for a use permit to allow the conversion of a garage to living space for property known as 829 Connie Drive in an R-1 (Single Family/Low Den- sity Residential) Zoning District. Commissioner Kotowski reported that this item had been considered by the Site and Architectural Review Committee, and that the Committee is recommending ap- proval. Mr. Woodworth stated that, as the Commission may recall, on September 15, 1981, it recommended approval of an ordinance to allow greater flexibility in the con- version of garages to living space. The applicant is proposing to convert an attached two-car garage to living space without providing covered parking. The garage door will be removed and a stucco wall to match the home will be constructed. Two windows will be placed in the wall. The garage is set back 54 feet from the street, thus allowing adequate room for two cars to be parked in the driveway. As stated on the at- tached letter from the applicant, the primary reason for not providing a car- port or garage is the configuration of the house. The front door to the house would be beside or through the probable location of a carport. This would de- tract from the house. Staff is of the opinion that the applicant is justified in his request. The proposed conversion will not be detrimental to the neighborhood or the City and no protests have been received from neighbors. Therefore, Staff is recom- mending approval of this request. 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, Commissioner Kasolas moved and Commissioner Kotowski seconded, that the public hearing be closed. Motion carried unanimously (6-0-1). RESOLUTION N0. 2109 Commissioner Kasolas moved, and Commissioner Kotow- ski seconded, that the Planning Commission adopt Resolution No. 2109 approving UP 82-08, subject to the conditions as listed in the Staff Comment Sheet. nicruccinn Commissioner Dickson stated that he felt carports can be worked into plans with success in R-1 zoning districts. Commissioner Fairbanks stated that in some cases she felt having no carport was an advantage because people tend to use them for storage, thereby making the neighborhood unsightly. -10- Vote on Motion AYES: Commissioners: Kasolas, Kotowski, Campos, Fairbanks, Meyer NOES: Commissioners: Dickson ABSENT: Commissioners: Howard UP 82-07 Public hearing to consider the application of Mr. Schuman, R. Jerry Willis on behalf of Mr. R. S. Schuman for a use permit to allow an auto repossession/storage. yard and approval of plans and elevations to allow the use of a mobile home as an office on property known as 175 Curtner Avenue in an M-2-S (Heavy In- dustrial) Zoning District. Mr. Woodworth reported that this application contains two requests: 1. Use Permit for Auto Storage The applicant is requesting approval to use the site fcr an auto repossession storage yard. The site is located in an M-2-S (Heavy Industrial) zoning dis- trict which is an appropriate zone for such a use. Staff's primary concern is the screening of the site from Curtner Avenue. The applicant has indicated that a canvas privacy screen will be installed on the chain link fence along Curtner Avenue. A 5 foot landscaping strip exists between the street and the fence. However, landscaping in this area is minimal. Staff is recommending that the applicant submit a landscaping plan indicating a variety of trees, shrubs, and ground cover to screen the use. An irrigation system will also be needed. Originally, Staff recommended that an on-site security fence be relocated so as to allow visitor parking at the front of the site. However, the applicant does not wish to have any parking in this area. Staff does not have a problem with this request. 2. Use of Mobile Home as Office The applicant is requesting approval to use a mobile home as an office. The mobile home measures 12 feet by 56 feet. The applicant is proposing to add a deck to it. In the past, the Commission has only allowed the use of mobile homes as offices on a temporary basis and when associated with the construction of a permanent building. Because this mobile home is not associated with a construction pro- ject, Staff is recommending denial of the request to use it fora permanent of- fice. If allowed by the Commission, Staff is recommending a period of one year in order that the applicant may acquire alternative office space. Commissioner Kotowski stated that the Site and Architectural Review Committee is recommending approval of the use of this site for an auto repossession storage yard, subject to the conditions listed in the Staff Comment Sheet (attached here- to), and a conditional approval of the use of a mobile home for an office, said approval to be for one year. -11- Commissioner Fairbanks questioned the recommendation of the Fire Department re- garding the removal of the guard dog. Commissioner Kotowski responded that according to Staff, this is a "recommen- dation" only. Chairman Meyer declared the public hearing open, and invited anyone in the audience to speak for or against this item. Ms. Geri Ellis, 11239 Peralta Drive, San Jose, representing the applicant, ad- dressed the guard dog situation, stating that the applicant was comfortable with the possible destruction of the dog in the event of afire on the premises. She added that they would like to work with Staff regarding the recommended landscaping, stating that trees too near the fence would provide a possible "ladder" over the fence, allowing people access to the yard. No one else wishing to speak, it was moved by Commissioner Kotowski, and seconded by Commissioner Campos, that the public hearing be closed. Motion car- ried unanimously (6-0-1). Motion Commissioner Kotowski moved, and Commissioner Campos seconded, that UP 82-07 be approved as per the Staff recommendation, with a time limit of one year for the use of a trailer as office facilities. fli cr~iiccinn Commissioner Dickson questioned possible safeguards regarding the landscaping and fencing. Commissioner Kotowski noted that the Committee has requested the applicant to bring back appropriate plans to the Site and Architectural Review Committee. Amendment to Original Motion Commissioner Kotowski then moved for an amendment to his motion, seconded by Commissioner Campos. The amendment to the original motion recommended the in- clusion of a change in conditions 1 and 2 of the Conditions of Approval: 1. Landscaping plan indicating type and size of plant material, and loca- tion of irrigation system to be submitted for approval of the Site and Architectural Review Committee within 30 days from date of use permit approval. 2. Landscaping and irrigation system to be installed within 30 days of ap- proval of alndscape plan by Site and Architectural Review Committee. Amendment also included an added condition to read: "Review of project in six months from date of approval by full Planning Commission." -12- Second Amendment to Original Motion Commissioner Kasolas moved that the motion be amended to include the removal of the guard dogs for the safety of Fire Department personnel. This motion died for lack of a second. Vote on First Amendment AYES: NOES: ABSENT: Vote on Motion Commissioners: Kasolas, Dickson, Kotowski, Campos, Fairbanks, Meyer Commissioners: None Commissioners: Howard AYES: Commissioners: Dickson, Kotowski, Campos, Fairbanks, Meyer NOES: Commissioners: Kasolas ABSENT: Commissioners: Howard RESOLUTION N0. 2110 Commissioner Kotowski moved, and Commissioner Campos seconded, that the Planning Commission adopt Reso- lution No. 2110 approving UP 82-07 with the follow- ing 1. Approval of the site for an auto repossession storage yard, subject to the conditions listed in the Staff Comment Sheet, changing Condition 1 to read "..for approval of the Site and Architectural Review Committee.." and changing Condition 2 to read "..by Site and Architectural Review Committee." 2. Approve the use of a trailer for office purposes for a period of one year only. 3. Use permit to be reviewed by entire Planning Commission in six months. 4. If parking is to be provided in holding area, adequate backup distance shall be provided per City standards. 5. Proposed canvas screening to be approved by Planning Director. Motion carried by following roll call vote: AYES: Commissioners: Dickson, Kotowski, Campos, Fairbanks, Meyer NOES: Commissioners: Kasolas ABSENT: Commissioners: Howard MISCELLANEOUS S 80-19 Continued application of Mr. Larry Cockrell for a Cockrell, L. minor modification to the originally approved plans -13- for 3 condominium units on property known as 1408 W. Latimer Avenue in a PD (Planned Development/ Commercial) Zoning District. Mr. Stafford briefly reviewed this application, noting that it had been contin- ued from the April 27th meeting in order that it might be heard by a full Com- mission. However, since one Commissioner is absent this evening, the applicant may wish to request another continuance. He added that Staff's recommendation remains the same: denial, as presented. Mr. Larry Cockrell, 1408 W. Latimer Avenue, stated that he would like a decision this evening. Mr. Stafford stated that essentially the applicant is attempting to make the parking meet the requirements for condominiums so that he might file a revised tract map for four units. Commissioner Kotowski questioned the landscaping ratios for developments of this type. Mr. Stafford responded that this project will contain the average amount of land- scaping for this type of development. However, Staff's concern is with the re- duction of landscaping along Latimer Avenue which screens the parking area. Commissioner Kasolas moved, and Cor~nissioner Campos seconded, that S 80-19 be approved, subject to the conditions listed in the Staff Comment Sheet. This motion failed by the following roll call vote: AYES: Commissioners: Kasolas, Campos, Meyer NOES: Commissioners: Dickson, Kotowski, Fairbanks ABSENT: Commissioners: Howard Commissioner Fairbanks then moved, and Commissioner Kotowski seconded, that this matter be reconsidered in order that the applicant might speak. Mr. Cockrell appeared before the Commission to review his request. At this time, Commissioner Kasolas moved, and Commissioner Campos seconded, that S 80-19 be approved, subject to the conditions listed in the Staff Com- ment Sheet. Motion failed by the following roll call vote: AYES: Commissioners: Kasolas, Campos, Meyer NOES: Commissioners: Dickson, Kotowski, Fairbanks ABSENT: Commissioners: Howard It was moved by Commissioner Kasolas, and seconded by Commissioner Kotowski, that this matter be forwarded on to City Council with no recommendation from the Planning Commission. Motion carried unanimously (6-0-1). SA 82-15 Continued application of Arrow Graphics for a sign Arrow Graphics permit to allow the placement of approximately 149 temporary signs in the public right-of-way so as to direct the public to 5 housing developments with- in the City. -14- Mr. Stafford stated that the Planning Department. has received a letter from the applicant requesting a continuance. It was moved by Commissioner Fairbanks, and seconded by Commissioner Kotowski, that SA 82-15 be continued to the meeting of May 25, 1982. Motion carried by a vote of 5-1-1, with Commissioner Kasolas opposing. It was the concurrence Hof the Commission that this should be the last continuance granted on this item. Staff was directed to notify the applicant that the temporary signs should not be erected on weekends until an approval is granted by the Commission. *** Staff Report Staff Report regarding proposed revisions to the Condominium Conversions Condominium Conversion Zoning District. Mr. Stafford reported that, at its meeting of January 26, 1982, Commissioners Fairbanks and Dickson volunteered to serve on a committee to review the text of the Condominium Zoning District. Since that time, Staff has met with the com- mittee on several occasions to clarify the intent of the Condominium Zoning District, and to establish specific standards, particularly with regard to open space, for the construction of new condominiums or the conversion of existing apartment units to condominiums. The main areas of change proposed in the attached draft are as follows: 1. The specific procedures for the public hearing process are clarified. The existing ordinance does not make any reference to the public hear- ing process. 2. The proposed standards for open space in residential condominiums are new (Section 21.07.080). 3. The standards for conversion as specified in the draft (Section 21.07. 080) propose the requirement that each unit be provided with individual utility meters. This section will also require the applicant to submit documentation as to the condition of the property. 4. The proposed standard for Sound Transmission (Section 21.07.100) is new. This standard is being recommended by the Building Official for inclusion in the Condominium Zoning District. Mr. Stafford continued that the Staff recommendations were as follows: 1. That the Commission adopt a resolution setting the date of a public hearing to consider a text amendment; or 2. If the Commission determines that there are still areas of concern re- garding this draft, that the subject be referred back to committee for further study. Commissioner Fairbanks stated that her personal recommendation is slightly dif- ferent from the Staff's recommendation, her recommendation being that the Com- mission forward this product to the City Council as soon as possible in order to get some directions from that body. Another alternative would be Staff's recom- mendation #1 to set the date for public hearing, and at the same time send this product on to Council. -15- Commissioner Kasolas questioned the requirement for open space on several facets: (1) Why require 500 sq. ft. in addition to lot setbacks; (2) By do- ing so, have we restricted certain buildings from ever being converted; and (3) When we require so much open space, then we are restricting people's choices and we, as a Commission, should not impose our personal whims on others. With regard to the consideration of individual utility meters, Commissioner Kasolas stated that he did not feel it is the Commission's business if a group of people desire to have a co-op utility bill. He added that utility meters and subsequent problems are really personal choices and should be eliminated from the government regulations. It is his feeling that there is adequate control over conversions with the parking requirements, and that the portions of the ordinance speaking to open space and utilities should be deleted. Commissioner Fairbanks stated that with regard to metering, what often happens with a common meter is an uneven distribution of utility costs. Regarding set- backs, she stated that the CD District setbacks are the same as other residential zoning districts in that the setbacks are not considered part of the open space required. She noted that recreational open space in an R-1 district is approx- imately 750 sq. ft., and she did not feel that the recommended open space for the CD District was excessive. Commissioner Dickson stated that most of the condominiums the Commission will be considering will be conversions, and that people are not aware that there are not individual utility meters, nor would they be unless they are assisted in that respect. He spoke in favor of the recommended changes to the ordinance. Chairman Meyer stated that she was concerned with going from 250 sq. ft. of open space to 500 sq. ft. because at that point the developer would have to delete some housing. It would also increase the cost of new housing to the developer. Commissioner Fairbanks commented that there is no doubt that these requirements are going to eliminate the conversion of many apartments. However, on the other side, the ordinance is addressing the Housing Element and does not deplete ren- tal housing stock. Commissioner Kotowski noted that he had concerns with placing further restrictions on the already limited housing stock. He added that he was not prepared to make a decision on this item this evening, and felt it should be continued. Commissioner Campos also noted that he would like additional time to study this information. Commissioner Fairbanks stated that the Commission has been asked by Council to forward them a product, and she would suggest that this product be forwarded, even if the Commission would like to continue it for further consideration. Commissioner Kotowski stated that he would like the record to show that he was not prepared to make comments on this item at this time, and that if the product were forwarded to Council, it was being forwarded without these comments. Commissioner Fairbanks moved that the Commission forward this report to the City Council for their review and comments, with the notation that the Commission would like to consider it further and has continued it for two weeks. Motion dies for lack of a second. -16- It was then moved by Commissioner Dickson, and seconded by Commissioner Campos, that this item be continued to the Planning Commission meeting of May 25, 1982. Motion carried unanimously (6-0-1). Staff Report Staff Report regarding the San Tomas Area General San Tomas Area Study Plan and Zoning Study. Mr. Stafford reported that, at its meeting of April 13, 1982, the Commission directed the Staff to develop an approach to the proposed public hearings on the General Plan and Zoning in the San Tomas Area. The following is offered as a possible approach to this matter: 1. Set June 29, 1982 as the date of a public hearing to consider the Land Use Element and Zoning in the San Tomas Area. June 29th is a "fifth" Tuesday, and .therefore some City Council members may be able to attend. 2. At the first meeting, Staff is recommending that the Commission con- sider Areas 3 and 4, as shown on the attached map. Staff will be pre- pared to post notices on telephone poles throughout the area to notify residents of this meeting. 3. At the hearing, Staff will be prepared to discuss the General Plan, Zoning, and existing land use, as well as the City Council's policies for development in the San Tomas Area. 4. After hearing testimony, that the Commission continue the hearing to a later date (to be established) to consider Areas 1 and 2. Mr. St afford noted that the Commission has received a letter requesting that Area 5 be considered first (attached hereto). Staff is proposing to have a specific agenda for these hearings. This agenda may include a review of the history of the area, revisions of areas, adoption of policies for the area, discussion of alternative street improvements, as well as an opportunity for public testimony regarding concerns of the residents. It was the consensus of the Commission that a press release be issued for pub- lication in addition to the regular legal notice required fora public hearing. These noticing procedures would be in addition to those suggested by Staff. Commissioner Fairbanks suggested that more than one meeting be held in each area, in case some people were unable to attend the first one. She also suggested that when the area hearings are completed, that one additional hearing be held combining all areas, in order that all the efforts be brought together. Mr. Lee Petersen, 1156 Audrey Avenue, appeared before the Commission to state that he felt Area 5 should be heard first, since they have been the most vocal on issues. He also felt that there should be two meetings in each area, and that summer was not a good time to hold these types of hearings. -17- Motion It was moved by Commissioner Kasolas, and seconded by Commissioner~Kotowski, ,that the Commission accept Staff's recommendation that a resolution be adopted setting Tuesday, June 29, 1982 as the date of a Public Hearing at the San Tomas Community Center for Areas 3 and 4. Amendment to Motion Commissioner Fairbanks moved, and Commissioner Dickson seconded, that the motion be amended to include the publication of a press release in the San Jose Mercury News and Campbell Press in addition to the regular legal notices; that Areas 1 and 5 be heard first; and, that there be a second hearing held in each area. Discussion of Amendment Commissioner Kasolas stated that it was hiss feeling that Areas 1 and 5 had dif- ferent concerns and should not be considered at the same hearing. Vote on Amendment AYES: Commissioners: Dickson, Fairbanks NOES: Commissioners: Kasolas, Kotowski, Campos, Meyer ABSENT: Commissioners: Howard Amendment fails. Vote on Motion AYES: Commissioners: Kasolas, Kotowski, Campos, Meyer NOES: Commissioners: Dickson, Fairbanks ABSENT: Commissioners: Howard Motion carries (4-2-1). RESOLUTION N0. 2111 Commissioner Kasolas moved, and Commissioner Kotow- ski seconded, that the Planning Commission adopt Resolution No. 2111 setting the date of June 29, 1982 as the day for a public hearing to consider the San Tomas Area General Plan and Zoning Study. Motion carried by the following roll call vote: AYES: Commissioners: Kasolas, Kotowski, Campos, Meyer NOES: Commissioners: Dickson, Fairbanks ABSENT: Commissioners: Howard -18- OTHER ITEMS BROUGHT UP BY COMMISSIONERS Commissioner Dickson requested Staff to check on the motorcycles being dis- played on Winchester Blvd. in the public right-of-way. He also noted that there had been considerable traffic jams over the weekend at San Jose Camera on the corner of Winchester Blvd. and Hamilton Avenue. Chairman Meyer requested Staff to check on the roof screening and the land- scaping for the project at the corner of Winchester Blvd. and Campbell Avenue. Afl,l(111RNMFNT It was moved by Commissioner Dickson, and seconded by Commissioner Campos, that the meeting be ad- journed. The meeting adjourned at 11:25 PM. APPROVED: Jane P. Meyer Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda Dennis Recording Secretary