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PC Min 10/06/1981PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES OCTOBER 6, 1981 The Planning Commission of the City of Campbell convened this day in regular session in the regular meeting place, the Council Chambers of the City Hall, 75 North Central Avenue, Campbell, California. ROLL CALL Present Commissioners: Howard, Kotowski, Campos, Meyer, Dickson, Fairbanks, Chairman Kasolas; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Jeannine Wade. Absent None. APPROVAL OF MINUTES September 15, 1981 Commissioner Meyer moved that the minutes of the regularly scheduled meeting of the Planning Commission on September 15, 1981 be approved as submitted, seconded by Commissioner Fairbanks and unanimously adopted. ARCHITECTURAL APPROVALS S 81-25 Continued application of Mr. Ray Murdock for approval Murdock, M. of plans and elevations to allow the construction of a 7,884 square foot office building on property known as 201 E. Hamilton Avenue in a C-1-S (Neighbor- hood Commercial) Zoning District. Commissioner Meyer reported that the applicant met with the Site and Architectural Review Committee this morning, and the Committee is recommending approval subject to the redlining on the plans. Commissioner Fairbanks inquired if the property owners to the north of this development had been notified, as requested in the minutes of August 18, 1981. After researching the files, Mr. Stafford reported that the adjacent property owners to the north had not been notified. It was then moved by Commissioner Fairbanks and seconded by Commissioner Howard that this item be tabled in order that Mr. Stafford could complete the research of the files to determine whether or not the property owners to the north had indeed been notified of this proposed project. This motion was adopted unanimously. -2- S 81-26 Application of Mr. Allan Walter and Associates for Walter, A. approval of plans and elevations to construct a 4,000 square foot retail building on property known as 1600 S. Winchester Blvd. in a C-1-S (Neighborhood Commercial) Zoning District. Commissioner Meyer reported that the applicant met with the Site and Architectural Review Committee this morning, and the Committee is recommending a continuance of this application in order that concerns could be resolved by the submission of revised plans. The Committee is recommending a continuance of this application to the Planning Commission meeting of October 20. Mr. Kee stated that Staff is also recommending a continuance of this application. Commmissioner Dickson then expressed concern about the weed abatement problem on the site, and stated he felt this should be taken care of prior to approval of the application. Mr. Kee stated that Staff could contact the applicant regarding the weed abatement problem prior to consideration of this application at the next meeting. Commissioner Kotowski then moved that application to the meeting of October Campos and unanimously adopted. the Planning Commission continue this 20, 1981, seconded by Commissioner *** S 81-25 Continued consideration of application regarding Murdock, R. 201 E. Hamilton Avenue (Item No. 1 on this evening's agenda). Mr. Kee stated that after researching the files, a letter was not found wherein the adjacent property owners to the north were notified about the subject project. Mr. Ray Murdock, applicant, appeared before the Commission to state that this item has been continued a number of times and would like a decision on this matter. The Chair expressed the concern of the Commission whereby it was felt that the residents to the north should be notified of this proposal. Mr. Murdock then stated that he would be in agreement with a two-week continuance. Commissioner Fairbanks then moved that S 81-25 be continued to the Planning Commission meeting of October 20, 1981 in order that the three property owners to the north of the proposed site could be notified of this proposal. This motion was seconded by Commissioner Campos and adopted with Commissioners Meyer and Howard voting "no". *** -3- S 81-29 Application of the Hamilton Group, Ltd. for approval Hamilton Group, Ltd. of plans and elevations to allow the construction of an office building for property known as 260 W. Hamilton Avenue in a P-0 (Professional Office) Zoning District. Commissioner Meyer reported that the Site and Architectural Review Committee considered this application this morning, and the Committee is recommending a continuance of this application to the meeting of October 20 in order that concerns expressed could be resolved. Mr. Kee stated that Staff is also recommending a continuance of this application. Commissioner Fairbanks then moved that the Planning Commission continue S 81-29 to its meeting of October 20, 1981, seconded by Commissioner Howard and unani- mously adopted. PUBLIC HEARINGS S 81-30 This is the time and place for a continued public Lampe Construction hearing to consider the application of Lampe Construction for approval of plans, elevations and development schedule to allow the construction of residential units on property known as 440 & 456 Llewellyn Avenue in an R-2-S (Multiple Family Residential) Zoning District. Mr. Kee reported that the Staff is recommending a continuance of this application to the Planning Commission meeting of October 20, 1981 in order that the applicant could submit revised plans, and the applicant is in accord with this recommendation. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. No one wishing to speak, Commissioner Meyer moved that the Planning Commission continue this application to the October 20, 1981 meeting, seconded by Commissioner Fairbanks and unanimously adopted. *** GP 81-07 This is the time and place fora continued public Follmar, K. hearing to consider the application of Mr. Kenneth Follmar for a General Plan Amendment to change the Land Use Element from Low Density Residential to Professional Office on property known as 2015 Whiteoaks Road. P-1r. Stafford explained that the applicant is proposing an amendment to the Land Use Element of the General Plan from "Low Density Residential" to "Professional Office" for the .21 net acre property. The property is located in an unincor- porated area, but within Campbell's "Sphere of Influence Boundary". The pre- zoning of the unincorporated area is scheduled for public hearing later on tonight's agenda. Y r ''e $'. -4- At the present time, the Land Use Element (Exhibit A) indicates the following uses for the surrounding properties: NORTH: Single Family Residential SOUTH: Professional Office EAST: Commercial WEST: Single Family Residential The present surrounding land uses are as follows: NORTH: SOUTH: EAST: WEST: Office/Residence (Home Use Permit) Office Office Single Family Residence Staff is of the opinion that the proposed amendment is logical because the areas to the East and South are zoned and developed as Professional Offices. Also the property to the North has a home use permit (issued by Santa Clara County) and is being used at least partially as an office. Additionally, the property's proximity to Bascom Avenue makes it suitable for an office use without causing substantial additional traffic movement through residential areas. For these reasons, Staff is recommending approval of this application. Staff is recommending that the properties to the North and East of 2015 blhiteoaks Road be considered for a General Plan Amendment from "Low Density Residential" to "Professional Office". Each of the properties face a professional office use (and driveway and parking lot) across the street. Staff believes that a professional office use for these parcels would be more compatible with the existing office uses. If the Commission finds that this change is desirable, a date should be set for public hearing. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. Mr. Warren Jacobsen, representing the applicant, appeared before the Commission - to explain the surrounding uses and answer any questions the Commission might have. No one wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Howard and unanimously adopted. RESOLUTION N0. 2054 Commissioner Campos moved that the Planning Commission adopt Resolution No. 2054 recommending approval of a General Plan amendment to change the Land Use Element from Low Density Residential to Professional Office on property known as 2015 Whiteoaks Road, seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Kotowski, Campos, Meyer, Kasolas NOES: Commissioners: Howard, Dickson, Fairbanks ABSENT: Commissioners: None RESOLUTION NO' 2055 AYES NOES: ABSENT: ZC 81-25 Fisher, K. Kotowski, Camp°s,F e rbanks Howard, Dickson, None * * * a continued public and place of Mr' time l~catl° ($in9 Family the PP e- This is the consider a R a zone change from ment), and hearing to peVelop Fisher for to p-D (planned on of two ~nngle Residential) fans, elevations, and Avenue. approval of P the constructs g59 Emory to allow roperty known as schedule family homes °n P Site and Architectur ~ with the continuance °f licant met endingl~ in order that er reported that the aPP is reco-rnn and the Committee, of November Mey orning~ ion meeting Commissioner this m Commiss Review Committee the Planning rovided• ended continuance, this application t° could be P with the recotun additional information at Staff is in concurrence ne in the audience Mr, Kee stated th invited anyo as Well as the applicant. ned the public hearing and licatio~ ion. change aPP Kasolas °Pe this aPPlicat this zone develop. Cha peak for or against a ainst that site and the ~ Avenue spoke roblem at to g10 Emory arking P Mr. Robert Osorio °f currently to the congestion. 81-25 be d that there iswould add er moved that ZC Review he note erty Architecturaladopted ment of this prop Commissioner the Site and d unanimously wishing to speak' Howard an else as recom~ n~d;d boner No one November 10 ded by ~: continued t° Staff, secon d ublic Committee and * * * a continue P lace for rezon'ngban the time and a City-initia Ca pbell's Ur This is consider within Bascom Avenue and hearing to ern e hway 17 ZC g1-28 unincorporate be ween Hig City_initiated Service Area Lane. and south to Wanda 1981 the Planni of $eptember 15, ted area show ~. for the thre '. its meeting a unincorpora Road`,, that at °f the larg rezom ng d explained rezoning of the P and Whiteoaks °~: Mr. Staff°r idered the P Consideration Avenue ;. ion cons arency• of Browning Commiss ed transp corner the display the northwesterly parcels at u .,,r,.~-s. _.. ,. -5- Planning Com1981' as ved that theNovember 10, Campos ~ 055 setting amending the Commissioner p1o. to consider adop of public hearing l plan from tow Density t Resolu a10n of the Genera ice for the pr 289 ties the date Land Use Element Road) and west ( 10), .dential to Professional Off GP 81- he ~ 2005 1~Ihiteoaks Road ( tos the north ( of 2015 Whiteoaks ted by t Meyer and adop Browning Avenue) ded by Comm al l' ° ote secon roll following er Kasolas Commissioners: Commissioners: Commissioners: -6- deferred to this meeting in order that it could be considered in connection with GP 81-07. Since the Commission has taken action to recommend a change in the Land Use Element from "Low Density Residential" to "Professional Office" for these three lots, the Staff is recommending that they be prezoned P-0 (Professional Office). Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. No one wishing to speak, Commissioner Fairbanks moved that the public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. Commissioner Dickson expressed concern about the density going toward P-0 and Commercial for this area. RESOLUTION N0. 2056 Commissioner Meyer moved that the Planning Commission recommend a prezoning of properties known as 2015 Whiteoaks Road, 2005 Whiteoaks Road and 289 Browning Avenue in an unincorporated area within Campbell's Urban Service Area, seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Kotowski, Campos, Meyer, Kasolas NOES: Commissioners: Howard, Dickson, Fairbanks ABSENT: Commissioners: None *** ZC 81-30 This is the time and place for a public hearing to City-initiated consider the City-initiated zone change from C-2-S (General Commercial) to P-D (Planned Development/ Commercial) for property known as 920 E. Hamilton Avenue (Hamilton Avenue ~~tobile Home Park) in a C-2-S (General Commercial) Zoning District. Mr. Kee reported that at its meeting of September 14, 1981 the City Council requested that the Planning Commission set a public hearing to consider a zone change from C-2-S to P-D for the Mobile Home Park located on the southeast corner of Highway 17 and East Hamilton Avenue. The initiation of this zone change stems in part from the Council's concern regarding possible redevelop- ment of this site. Both the Staff and the City Council have recently been approached regarding possible redevelopment of the Mobile Home Park. In that redevelopment of this site could encompass approximately 12.5 acres and has a significant number of unique development problems, the City Council wishes a more significant role in the review of any redevelopment. The adoption of a Planned Development Zoning District would allow this additional opportunity for review. Under the current zoning of the property, redevelopment of the site would only require approval of a Site and Architectural application by the Planning Commission. With the adoption of a Planned Development Zoning District, however, redevelopment of these properties would require approval of a Planned Development Permit by the City Council upon recommendation of the Planning Commission. -~- R District the Planned Development roposal• for any .P the review procedure, ment standards ~ . n to a change in in terms of develoe the land use designat~0n of In additio flexibility will not Chang K will allow greater change, however, lace d zone on the General Plan. would P The propose ro osed zoning Commercial as shown Kee if the P P uired of Mr• use. Faiab k as a non-conforming ark; the mobilehome Commissioner act on the P the mobilehome P not have an imp it w° h no time limit constraint. Mr. Kee stated tarmit wit other zoning district within park has a use P uired under what then i aq k be established - Commissioner Fairbanks e established in almost any the City could a mobilehome P ark could b He noted that the a mobilehome P a use perm~t• ublic hearings Mr. Kee responded that subject t0 ermit, whereby P He t for an R-l ' a use P C thec u' permi t i slued other zone, excep be similar to and the City se roach would Commission p_p zoning app the Planning would not interfere with would be held that e p zoning noted the P- ro erty. further for the subject p p e time period for relocation of by the City then inquired about t Commissioner Fairbanks ark. rovide for a year's the current tenants of the P the State laws P State laws• responded that to do with the Attorney Dempster the City has nothing in the C~tY to the tenants; invited anyone notice ened the public hearing and or or against this application. eared ' Chairman Kassleak f n °p Association, app ving audience to p of the Mobilehomeownfamilies currently change• President are 135 ~s zone pr, Jerry Houseman, state that there is in favor of th' • Commission tthat the Association owner of the before tack- He noted current in the p the Keesling action considered this ears resenting feel the have been taken Y Mr. RiP LaCroix,attorneY that he did n this action should be revoked at ark), stated He felt it which could about the mobilehome p clients. have a use Pew concerned of any evening affects his is clients clients are as He noted that h that his one; and then warned a9o• further stated the park as any '~ any time. He future meetings• of the tenants of heard at ublic hearing relocation eals that may be Howard moved that adopted. emotional aPP eak, Commissioner d unanimously - to sp Kotowski an Commiss No one else wishing Cotrur-issioner that the Planning be clo5ed, seconded by Campos moved ending approval of issioner reco~' ercial) to P-D ION 2057 C0~ 2057 adopt Resolution Co 2-S (General Cfo property known RESOLUT NO' zone change frommentlCommercial) Avenue Mobile (Planned Develop Hamilton ercial) Zoning, 920 E. Hamilton AS (Ganeral Comm a er and unan~ as Home Park) in a C 2 Commissioner Y vote: istrict, secondedthe following roll call D adopted by ~ mouslY Meyer, Dickson, Kotowski, Campos, ~. Commissioners: Howard Kasolas AYES : Fairbanks , None Commissioners: None ~, ,~.;,,. nR~ENT : Commissioners ~ _..~_, -_.,F-~ .~` ~ ~~ ;~" . -8- At this time Mr. Kee explained that this recommendation will be forwarded to the City Council for final action. *** PD 81-12 This is the time and place for a public hearing to Hedley & Stark consider the application of Hedley and Stark Associates for a Planned Development Permit and approval of plans, elevations, and development schedule to allow the conversion of two existing residences to offices on property known as 824 and 840 E. Campbell Avenue in a P-D (Planned Development/Commercial) Zoning District. Commissioner Meyer reported that the applicant met with the Site and Architectural Review Committee this morning, and the Committee is recommending a continuance of this application to the October 20 meeting in order that revised plans could be submitted. At this time Chairman Kasolas requested that at the time this item comes back before the Commission information be supplied regarding the approval of the Togo's Restaurant near this site, and conversion of other residences in this area. Mr. Stafford stated that Staff is also recommending a continuance of this application. He further noted that Staff could include background infor- mation on conversions at the next meeting. Commissioner Meyer also requested that information regarding Union Avenue and the way it is planned to be improved be included for the Commission's information. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. No one wishing to speak on this application, Commissioner Meyer moved that the Planning Commission continue PD 81-12 to the meeting of October 20, 1981, seconded by Commissioner Kotowski and unanimously adopted. *** S 81-28 This is the time and place for a public hearing Moyer, M. to consider the application of Union Avenue Union Ave. Assoc. Associates for approval of plans and elevations to allow the construction of a 28-unit condominium project on property known as 135 and 143 Union Avenue in an R-3-S (High Density Residential) Zoning District. Commissioner Meyer reported that the applicant met with the Site and Architectural Review Committee this morning, and the Committee is recommending a continuance of this application to the Planning Commission meeting of October 20 in order that revised plans could be submitted. -9- Mr. Kee stated that Staff is also recommending a continuance of this application. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. No one wishing to speak, Commissioner Meyer moved that the Planning Commission continue S 81-28 to its meeting of October 20, 1981, seconded by Commissioner Howard and unanimously adopted. *** UP 81-07 This is the time and place for a public hearing to Sternberg, K. consider the application of Mr. Kenneth Sternberg for an amendment to a previously approved use permit to allow live entertainment in an existing restaurant on property known as 1730 lJ. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. P•1r. Kee reported that at its previous meeting of April 7, 1981, the Planning Commission considered the applicant's request for a use permit to allow the sale of alcoholic beverages at the subject restaurant. The applicant at this time is requesting approval of an additional use to permit live entertainment at this location. Planning Commission approval for the proposed live entertainment permit is required because the subject property is located in a C-1-S (Neighborhood Commercial) Zoning District. Staff is of the opinion that the proposed use will not be detrimental to the surrounding properties or the general welfare of the City. The isolation of the restaurant in the shopping center parking area and the proximity of the restaurant to adjacent residential areas should minimize any adverse impacts from the proposed use. If the Commission so wishes, it would be appropriate to stipulate a review period to insure the compatibility of this use with the surrounding area. A six-month review would be a reasonable review period. Staff has reviewed this application with the Police Department, and the Police Department does not have a problem with the proposed use. Notice of this hearing was published in the Campbell Press and mailed to surrounding property owners. Commissioner Fairbanks inquired what kind of impact this might have on the area. Mr. Kee stated that a live entertainment permit must go through a normal process for approval. It does not appear that approval of this permit will have any impact on the neighborhood. Commissioner Howard inquired if the 6-month review is part of the Staff recommendation for approval. Mr. Kee stated it is not; however, if the Commission so desires they may impose a condition of approval requiring that this be reviewed in a certain period of time. i 7 t -10- Commissioner Howard then inquired what would happen if a time constraint should not be placed on this application and a problem should arise. Mr. Kee stated that the use permit could be revoked. Commissioner Campos expressed concern about this approval not having a time constraint, and made reference to the problem at the Rolling Hills Shopping Center with the "Desperado's Club". Mr. Kee stated that this application is in a Neighborhood Commercial District; if this application were in a General Commercial District the Commission would not be considering this application. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. Mr. Kent Kirkorian appeared before the Commission to explain the use of the restaurant, noting that it is mainly a dinner house which will have live entertainment in the evening (music from the 50's and 60's). No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. RESOLUTION N0. 2058 Commissioner Meyer moved that the Planning Commission adopt Resolution No. 2058, approving the application of Mr. Kenneth Sternberg for an amendment to a previously approved use permit to allow live entertainment in an existing restaurant on property known as 1730 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Commissioner Campos stated he would second the motion upon amending it to include that "a review period of 6 months be imposed to insure the compatibility of this use with the surrounding area." Commissioner P~eyer stated she was in agreement with the condition. Resolution No. 2058 was unanimously adopted by the following roll call vote: AYES: Commissioners: Howard, Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: None *** The Commission took a break at 8:58 p.m.; the meeting reconvened at 9:18 p.m. *** UP 81-14 This is the time and place for a public hearing to Segal, M. consider the application of Mr. Michael Segal for a use permit to allow the conversion of a four-plex apartment to a residential care home on property known as 599 W. Sunnyoaks Avenue in an R-2-S (Multiple Family Residential) Zoning District. -11- P~1r. Stafford reported that the applicant is requesting approval of a use permit to allow the establishment of a residential care facility in an existing four-unit apartment building located on the northwest corner of Sobrato Drive and W. Sunnyoaks Avenue. The establishment of a residential care facility is permitted within any zoning district with the issuance of a use permit. The applicant intends to occupy this facility with 12 residents who would receive residential care and one or two persons to direct this facility; consequently, the proposed use could accommodate 14 persons. This application has been referred to both the Building and Fire Departments for their comments. There are a number of conditions which have been expressed by these departments and are included as conditions of approval. The Planning Staff is of the opinion that the proposed use is generally acceptable, however, Staff does express some concern in regard to the provision of adequate parking. The existing building currently has six parking spaces at the rear of the property. The parking schedule of the Zoning Ordinance would require the provision of 1 space per bedroom or 8 parking spaces for this project. To address this concern, Staff is recommending Condition No. 3 of this approval which requires the review of this use permit in one year to insure the adequacy of the provided parking. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. Mr. t~tike Segal appeared before the Commission to explain that he is the owner/applicant and would be happy to answer any questions the Commission might have about the proposed project. He then went over the items listed in his letter, a copy of which was attached to each Commissioner's Staff Comment Sheet. The Chair then inquired if the persons residing at this facility would be court referrals. Mr. Segal explained that for the most part they would be referrals from the Veterans Administration; his primary residents will be elderly persons, not mentally ill patients. Commissioner Howard inquired as to how supervision would be maintained. Mr. Segal explained that each unit would have access to the others. He noted that the State requires constant supervision. No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Howard and unanimously adopted. RESOLUTION N0. 2059 Commissioner Howard moved that the Planning Commission adopt Resolution No. 2059 approving the application of Mr. Michael Segal fora use permit to allow the con- ~< version of a four-plex apartment to a residential care home on property known as 599 W. Sunnyoaks Avenue in an R-2-S (Multiple Family Residential) Zoning District, ,- subject to the conditions listed in the Staff Comment Sheet, seconded by Commissioner Meyer and unanimously adopted by the following roll call vote: -12- AYES: Commissioners: Howard, Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: None UP 81-15 This is the time and place for a public hearing to Muzinich, C. consider the application of Ms. Constance Muzinich for a use permit to allow the conversion of a residence to an infant care center on property known as 3245 S. Winchester Blvd. in a C-2-S (General Commercial) Zoning District. Mr. Kee explained that the applicant has requested a continuance of this application, and Staff is in accord with the request. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. No one wishing to .speak, Commissioner Kotowski moved that the application of Ms. Muzinich be continued to the Planning Commission meeting of October 20, 1981, seconded by Commissioner Howard and unanimously adopted. *** V 81-05 This is the time and place fora public hearing to McLellan, J. consider the application of Mr. John McLellan for a 6-foot variance to the side yard setback requirement to allow an addition to an existing single-family residence on property known as 108 Darryl Drive in an R-1 (Single-Family Residential) Zoning District. Mr. Kee reported that Staff is recommending approval of this variance as noted in the Staff Comment Sheet. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. Mr. John McLellan, applicant, appeared to state he is in agreement with the Staff recommendations and conditions of approval. No one else wishing to speak, Commissioner Howard moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 2060 Commissioner Meyer moved that the Planning Commission approve the application of Mr. John McLellan for a 6-foot variance to the side yard setback requirement to allow an addition to an existing single-family residence on property known as 108 Darryl Drive in an R-1 (Single-Family Residential) Zoning District, seconded by Commissioner Fairbanks and unanimously adopted by the following roll call vote: -13- AYES: Commissioners: Howard, Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: None TA 81-2 This is the time and place for a public hearing to Condominium consider the City-initiated Text Amendment to the Zoning District Campbell Municipal Code, adding Chapter 21.07 - Condominium Zoning District. Mr. Stafford reported that at its meeting of August 24, 1981 the City Council considered the revised draft of a Condominium Zoning District ordinance. At that time, the Council took action to direct that this draft ordinance be referred to the Planning Commission and that a public hearing be scheduled to consider the adoption of such an ordinance. This revised draft would require that any condominium project, whether new construction or a conversion, occur only in the proposed Condominium Zoning District. By requiring approval of a zone change to CD the City could regulate the development of condominiums more closely than at present. At the same time, the public hearings required fora zone change would provide an opportunity for neighboring property owners and/or tenants to be heard. After reviewing this draft, and making any changes that are determined to be necessary, Staff is recommending that the Commission take action to recommend the adoption of this ordinance. Pir. Kee noted that two main areas in difference between P-D and CD would be (1) there are standards for conversion which are not included in the P-D Ordinance, and (2) second notice for conversion would not be included in the P-D Zone. Commissioner Howard inquired as to what areas would be zoned C-D. Mr. Kee stated that there is no property zoned as such at this time. He further stated that the Staff would need to meet with the Council and Commission to determine how to approach what areas would be considered for this District, and as far as new applications coming in, they could be handled with the new C-D Zoning once it has been decided by the Council to approve it. He further noted that this new zoning district would not be inconsistent with the General Plan. Commissioner Dickson felt Section 21.07.060 of the draft should be amplified. Commissioner Fairbanks stated she would like to see this draft expanded upon and suggested a committee be established to effect this. City Attorney Dempster noted the criticality of adopting some guidelines for conversions; he stated that any draft will not be everything everyone wants, but something has to be adopted soon. Y -14- Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. --- Carol Peterson of 350 Budd Avenue appeared to inquire if persons residing at an apartment complex would be notified should an application for conversion be submitted to the City. The Chair responded that should the Planning Commission and City Council adopt the proposed draft, the tenants would be notified. Mr. Robert Sears of 350 Budd Avenue appeared to inquire why a new zoning district would be established. Mr. Gary Burgess also of 350 Budd, stated he had not had the opportunity to review the proposed amendment. The Chair explained that what is before the Commission at this time is consideration of a text amendment to the Zoning Ordinance establishing a Condominium Zoning District. He then called a recess in order that persons in the audience would have an opportunity to review the text amendment proposed. The Commission recessed at 10:02 p.m.; the meeting reconvened at 10:12 p.m. Mr. Gardner of 350 Budd spoke in favor of this text amendment; he felt, however, that the property owner should provide a year to 18 months for tenants to find comparable accommodations. No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Howard and unanimously adopted. RESOLUTION N0. 2061 Commissioner Howard moved that the Planning Commission adopt Resolution No. 2051 recommending that the City Council adopt TA 81-2 with the following added wording to Section 21.07.070, at the end of the first para- graph, to read "in order that they shall be notified." This motion was seconded by Commissioner Meyer. Amendment to Motion Commissioner Dickson requested that another amendment to the text amendment be considered, and that is an added sentence to Section 21.07.070, at the end of the second paragraph, to read "Tenants shall be given at least one year to relocate." After discussion with the City Attorney and Commissioner Fairbanks' checking in the Government Code (Section 66427.1), it was determined that the State provides 180 days' notice to tenants (in writing) of intention to convert. Commissioner Dickson then withdrew his amendment since his concern seemed to be resolved by the State regulations. Commissioner Fairbanks then noted for the record that she is in favor of the Condominium Zoning District, however she feels that the Commission needs to look at the open space requirements, and the needs of the tenants now occupying condominiums (families with children as well as singles). -15- Commissioner Dickson noted he would be against this proposed ordinance until the City has set forth guidelines specifying the difference between condominiums and townhomes. Vote on Resolution No. 2061 AYES: Commissioners: Howard, Kotowski, Campos, Meyer, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: None V 79-1 This is the time and place for a continued public Landberg, D. hearing to consider the application of Mr. Donald C. Landberg and Ruth & Going, Inc., for a variance from Sections 21.48.020, 21.48.030, and 21.48.040 of the Campbell h1unicipal Code to allow construction of a parking structure on property known as 350 Budd Avenue in an R-3-S (Multiple Family/High Density Residential) Zoning District. Chairman Kasolas noted that there are two items of communication at each Commissioner's station; one is a letter from the applicant requesting a continuance to the Planning Commission meeting of November 10, and the second is a communication from P1r. Greg Harding, resident of LaValencia opposing a condominium conversion for 350 Budd Avenue. A copy of each of these communications is attached hereto and made a part of this record. Mr. Kee reported that both of these applications (V 79-1 and S 79-25) have been pending for several months awaiting the decision on the condominium conversion ordinances considered by the Commission and Council. Staff is in agreement with the applicant's request for a continuance. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak on this item. Mr. Fisher, 7-year resident of LaValencia, spoke against the proposed conversion, noting that it would add traffic to Budd and San Tomas. He felt the proposed parking structure would not be aesthetically pleasing, and would have an adverse affect on the landscaping. Carol Peterson, also a tenant at LaValencia, spoke against the proposal noting that the proposed structure would not meet the needs of the tenants; they would have to walk even further with groceries and packages. She then submitted two letters of opposition to the proposed project, one signed by Robert Cunningham and the other signed by James and Veloy Comp. A copy of each of these communications is attached hereto and made a part of this record. No one else wishing to speak, Commissioner Kotowski moved that the public hearing be continued to November 10, 1981, seconded by Commissioner Meyer and unanimously adopted. *** ;. -16- S 79-25 This is the time and place for a continued application Landberg, D, of Mr. Donald C. Landberg and Ruth & Going, Inc., for approval of plans to construct a parking structure and convert an apartment complex into condominiums on property known as 350 Budd Avenue in an R-3-S (Multiple Family/High Density Residential) Zoning District. Mr. Kee stated that Staff is also recommending a continuance of this application to the Planning Commission meeting of November 10. Chairman Kasolas opened the public hearing and invited anyone to speak for or against this application. No one wishing to speak, Commissioner Meyer moved that the Planning Commission continue S 79-25 to the meeting of November 10, 1981, seconded by Commissioner Howard and unanimously adopted. *** MISCELLANEOUS Staff Report Report from Staff regarding changing the Commission's meeting night to the second and fourth Tuesdays of the month. Mr. Kee noted that Staff is recommending that the Commission adopt a resolution changing the meeting night to the second and fourth Tuesdays of the month. RESOLUTION N0. 2062 Commissioner Meyer moved that the Planning Commission adopt Resolution No. 2062 changing the Planning Commission meeting night from the first and third Tuesdays to the second and fourth Tuesdays of the month. This motion was seconded by Commissioner Kotowski and unanimously adopted by the following roll call vote: AYES: Commissioners: Howard, Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: None ~n.l(111RNMFNT It was moved by Commissioner Meyer, and seconded by Commissioner Kotowski, that the Planning Commission meeting be adjourned. The meeting adjourned at 10:43 p.m. ATTEST: Arthur A. Kee Secretary RECORDED: Jeannine Wade Recording Secretary APPROVED: George C. Kasolas Chairman