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PC Min 09/01/1981PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES SEPTEMBER 1, 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: Kotowski, Meyer, Dickson, Chairman Kasolas; Planning Director Arthur A. Kee, Planner I Tim Haley, Engineering Manager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Linda Dennis. Absent Commissioners: Campos, Fairbanks APPROVAL OF MINUTES August 18, 1981 Commissioner Kotowski moved that the minutes of the regularly scheduled meeting of the Planning Commission on August 18, 1981 be approved as submitted, seconded by Commissioner Meyer, and unanimously adopted. COMMUNICATIONS Chairman,Kasolas indicated that any communications received would be addressed at the time the specific item is considered on the agenda. CONSENT CALENDAR TS 81-20 Tentative Subdivision Map: Lands of Lampe Lands of Lampe APN 413-43-72 (370 Union Avenue) Commissioner Meyer moved that this proposed tentative subdivision map be found to be in accord with the General Plan and that the Planning Commission recommend to the City Council approval of the subject tentative subdivision map, seconded by Commissioner Kotowski, and unanimously adopted. ARCHITECTURAL APPROVALS S 81-25 Continued application of Mr. Ray Murdock for Murdock, R. approval of plans and elevations to allow construction of an 8,300 square foot office building on property known as 201 East Hamilton Avenue in a C-1-S (Neighborhood Commercial) Zoning District. It was moved by Commissioner Meyer that S 81-25 be continued to the meeting of September 15, 1981 so that the applicant could submit revised plans, seconded by Commissioner Kotowski, and unanimously adopted. -2- S 81-19 Continued application of Mr. Kurt Anderson for Anderson, K. approval of plans and elevations to allow the construction of a 7,230 square foot retail/ office building on property known as 1600 S. Winchester Boulevard in a C-1-S (Neighborhood Commercial) Zoning District. There being no discussion on this item, it was moved by Commissioner Kotowski that S 81-19 be denied without prejudice in order that this item could be removed from the agenda, seconded by Commissioner Meyer and unanimously adopted. Commissioner Dickson then noted that the Commission had requested Staff to check into the weed problem on this site. Mr. Kee reported that the Fire Department had been notified of this problem. Chairman Kasolas requested Staff to comment on this issue at the next Planning Commission meeting. SA 81-31 Continued appeal of the decision of the Planning AAMCO Director to deny a 40 square foot freestanding sign on property known as 3375 S. Winchester Boulevard in a C-H-S (Highway Commercial) Zoning District. Mr. Kee reported that Staff is recommending approval of this request subject to the following conditions (as listed in the Staff Comment Sheet): (1) Free-standing sign not to project over the public right of way, (2) Applicant to obtain all necessary building and electrical permits from the Building Department, and (3) Only one free-standing pole sign to be allowed at 3375 S. Winchester Boulevard. He further noted that a letter had been received from the property owner, Mr. Wilhelm Meyer, stating that as occupant of the remainder of the building, he is in agreement with the conditions. Commissioner Kotowski moved that SA 81-31 be approved, subject to the conditions listed in the Staff Comment Sheet. This motion was seconded by Commissioner Meyer and unanimously adopted. PUBLIC HEARINGS V 81-03 This is the time and place for a continued public Spivey, M. hearing to consider the application of Mr. Michael Spivey for a variance of both sideyard and rear yard setbacks for an additional dwelling unit on property known as 475 W. Sunnyoaks Avenue in an R-1 (Single- Family/Low Density Residential) Zoning District. Mr. Kee reported that a request for a continuance to the Planning Commission meeting of September 15, 1981 had been received from the applicant. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. d -3- No one wishing to speak, it was moved by Commissioner Meyer. and seconded by Commissioner Kotowski, that V 81-03 be continued to the Planning Commission meeting of September 15, 1981 so that the applicant could submit revised plans. This motion carried unanimously. PD 81-11 This is the time and place for a public hearing Lyle, J. to consider the application of Mr. .Jim Lyle for a planned development permit and approval of plans, elevations, and development schedule to allow construction of a 6,180 square foot office/ retail building on property known as 150 E. Campbell Avenue in a P-D (Planned Development/Commercial) Zoning District. Mr. Kee reviewed the project for the Commission, stating that the applicant had met with the Site and Architectural Review Committee this morning. He noted that Staff is recommending approval of this item subject to the conditions listed in the Staff Comment Sheet, as well as the added condition that the aq~roval is contingent upon the Civic Improvement Commission's determination that the structure on this property has no historical significance. Should the Civic Improvement Commission find that this structure does have some historical significance to the community, then the application would be referred back to the Planning Commission for further review. He also noted that the applicant is in agreement with the condition as imposed. Commissioner Kotowski stated that in this morning's Site and Architectural Review Committee meeting the applicant, Mr. Lyle, had requested this condi- tional approval as redlined barring the decision of the Civic Improvement Commission. The Committee agreed to recommend approval, but conditionally. Should the Civic Improvement Commission find that there is historical interest in the structure proposed to be removed, the application is to be referred back to the Planning Commission immediately for re-evaluation. He noted that the Committee had also discussed concerns regarding parking with the applicant, and these problems had been worked out by redlining the plans. It was also agreed that the trash enclosure would be placed on the Campbell Avenue frontage and built into the structure. Mr. Kee noted that the Architectural Advisor had indicated that this project is an exceptional design. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this project. Mr. Jim Lyle, applicant, appeared before the Commission to clarify the elevations of the project, and to answer any questions the Commission might have. No one else wishing to speak, it was moved by Commissioner Meyer, and seconded by Commissioner Kotowski, that the public hearing be closed. This motion carried unanimously. -4- RESOLUTION N0. 2039 Commissioner Meyer moved that the Planning Commission adopt Resolution No. 2039 recommending approval of PD 81-11 subject to the conditions listed in the Staff Comment Sheet, with redlining, and the added condition that "Should the Civic Improvement Commission determine that the structure located on this site have historic significance and wish to pursue a landmark designation, this application is to automatically return to the Planning Commission for a continuance." This motion was seconded by Commissioner Kotowski. Discussion of Resolution There was a brief discussion concerning the procedure involved with this application being presented to the Civic Improvement Commission, and possibly returning to the Planning Commission. Commissioner Dickson felt this added condition was no different than any other condition of approval. Vote on Resolution AYES: Commissioners: Kotowski, Meyer, Dickson, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Campos, Fairbanks This motion passed by a 4-0-2 vote. ZC 81-22 This is the time and place for a continued public Lyle, J. hearing to consider the application of Mr. Jim Lyle for a zone change from R-1 (Single-Family Residential) to P-D (Planned Development), and approval of plans, elevations, and development schedule to allow construction of 15 single- family homes on property known as 1106, 1130 and 1142 Audrey Avenue in an R-1 (Single-Family Residential) Zoning District. Mr. Kee reviewed this application for the Commission, noting that at its previous meetings of July 7, 1981 and August 4, 1981, the Planning Commission continued this application so that the applicant could submit revised plans addressing concerns expressed by the Commission and residents of the surrounding neighborhood. - The concerns previously expressed are as follows: 1. Project density and its compatibility with existing neighborhood. 2. The encouragement of larger-than-minimum lot sizes. 3. Proposed building heights and potential problems with privacy. 4. The traffic generated by this proposal and any potential traffic problems. -5- The applicant has since submitted a revised plan which indicates the con- struction of 14 new units and the retention of one existing residence. The proposed project would be developed at a density of 4.8 units per gross acre, whereas the previous proposal would have been developed at a density of 5.5 units per gross acre. The revised site plan indicates the provision of 15 single-family lots with an average square footage of 7,066 square feet per lot. The lot sizes range from 6,305 to 9,059 square feet. These lot areas do not include the private street and reflect a net acreage. Staff is of the opinion that the presented lot sizes represent larger-than-minimum lot sizes and exceed the minimum square footage of 6,000 square feet. The applicant has eliminated the two-story, four-bedroom unit which was proposed in the previous submittal. Consequently, the maximum height of the proposed units is now approximately 22 feet with the perimeter building walls adjacent to surrounding properties having a height of 16 feet. The proposed setbacks satisfy the required open space as specified in the Zoning Ordinance for the front, side and rear yards. The increase in lot sizes has allowed the applicant to provide a greater separation between buildings than indicated on the previous submittal. Staff is of the opinion that the revised plans address the concerns expressed at the previous Planning Commission meetings. The proposed project is not the same as the existing neighborhood, however both the design and character of the project appear to be consistent with the General Plan and the intent to preserve the rural character of the San Tomas Area. Staff is therefore recommending approval of this application. Mr. Kee added that the issues of traffic generation and potential traffic problems will be addressed orally by Mr. Helms. Chairman Kotowski reported that the applicant had met with the Site and Architectural Review Committee this morning, and the Committee is also recommending approval of the zone change and the plans, elevations, and development schedule. Chairman Kasolas declared the public hearing open and invited anyone in the audience to speak for or against this application. Mr. Jim Lyle, applicant, appeared before the Commission to answer any questions they might have. He called the Commission's attention to the exhibits displayed in the Council Chambers, and noted that he had a slide presentation prepared if needed. Chairman Kasolas asked Mr. Lyle if he and the property owners had met with the residents in the neighborhood. Mr. Lyle indicated that they tried to meet with the residents, however the situation had been an unhappy one for both sides. Mr. Lyle also pointed out several different styles that could be used on the building exteriors to vary the appearance. He noted that these designs can be added to the plans in any variation the Commission wishes. -6- Mr. Lyle noted that in Exhibit 7 he had attempted to show on an aerial map the closeness of most of the area homes to the property lines, thereby showing that zero lot line homes were not so far out of line in concept. Mr. Lee Peterson, 1156 Audrey Avenue, handed out a letter from Mr. Steven B. Anderson dated October 4, 1978, which pertained to Mr. Anderson's intention for use of the property when he purchased it. Chairman Kasolas reminded Mr. Peterson that the Planning Commission is not a legal body capable of judging civil complaints, but rather a commission set up to serve the community in a planning sense. City Attorney Dempster stated that the Planning Commission cannot get involved as a third party between any agreements, oral or written, and for Mr. Peterson to interject this type of document (a copy of the submitted letter is attached hereto and made a part of this record) is improper since this matter is strictly a civil disagreement between the resident group and the property owners. He added that if Mr. Peterson wished to argue that it was not good planning to allow two-story homes on this site, then that is the point that should be presented. Mr. Peterson stated that it had been easy to get signatures for the petition presented at a previous meeting because people in the area do not like townhomes. He then requested an explanation of how the lot sizes were determined for these proposed homes, adding that the existing lots in the area are between 12,000 and 13,000 square feet. This would, in his opinion, make the density of the proposed lots over three times the density of surrounding properties. This increased density is not consistent with current City policies. Mr. Kee explained the method used in finding square footage for both net and gross acreage. Mr. Peterson stated that he felt the Planning Commission is morally obligated to protect the current economic status of the neighborhood by denying this application. He concluded that no two-story homes should be built without written approval of surrounding homeowners. Engineering Manager Helms displayed an aerial photograph of the area in question, and reported that the Public Works Staff had surveyed the prevailing traffic conditions in the area. He noted that County traffic records had been examined and that no significant number of speeding incidents or accidents had been recorded in the past three years. Staff did surveys and made traffic counts on Vale, Audrey, Hack, Burrows, Lucot and Parr, and found that the existing average speed and volume is within target limits for this type of neighborhood. In summary, little or no history of traffic problems exist in this area, and under the current conditions, no additional traffic control devices are warranted. There are, however, some site distance problems because of overgrown landscaping which is in violation of Codes for reasonable site distance. Staff feels it would be appropriate to go into the neighborhood and require some residents to modify their landscaping to meet Codes for site distance problems. In addition, Staff found that crosswalks and striping need updating, and is taking appropriate action in this area. i l -7- Mrs. Maggie Desmond, 1491 Hack Avenue, spoke against this development stating that she feels that the owners have not proven that it would be a better use of the land to have this zoned P-D. She feels the P-D zoning is merely a zone to allow townhomes. Mrs. Desmond indicated that the traffic study is unacceptable since it was not conducted during school time. She further stated that the landscaping that is seen as a site distance problem was originally put up as barriers to protect property owners from traffic. She added that the traffic study did not report what the residents felt, and that it is inaccurate. The Commission recessed at 9:05 p.m.; the meeting reconvened at 9:25 p.m. Mr. James Lowe, 1037 Lucot Way, spoke in favor of this project, stating that the real issue seemed to be the matter of the two-story elevations. He noted that the elevations indicated 1-1/2 stories with differences in elevations. Mr. Hollis Button, 1025 West Parr, stated he disagreed with the traffic study done by Public Works. Mr. Chester B. Eades, 1032 Audrey Avenue, spoke regarding the traffic in the area. Mrs. Beverly Gardner, 1511 Hack Avenue, spoke against the project, and expressed a concern that there are no bicycle lanes or sidewalks for the children. Ms. Margaret Estep, 1320-A Hacienda Avenue, stated she wished to remind the Commission of the work of the San Tomas Task Force with regard to density in the San Tomas Area. No one else wishing to speak, Commissioner Meyer moved, and Commissioner Kotowski seconded, that the public hearing be closed. This motion carried unanimously. Discussion Commissioner Kotowski asked Mr. Helms if there was a possibility that another traffic study would be done in this area once school starts, assuming that some of the complaints heard here tonight are justified. Engineering Manager Helms stated that generally when school starts, Staff receives all reports of accidents involving school children. The procedure is to meet with the school personnel and try to solve any possible hazards immediately. He noted that it is Staff's position that no problem exists at this time, however this position is open for re-evaluation at any time. Commissioner Dickson stated that although the design of the project is very pleasing, the P-D Ordinance states that the P-D zoning must provide a better use of the land than other zonings. The P-D Ordinance also speaks to the development being harmonious with the neighborhood and he feels that the proposed two- or one-and-one-half-story units are not harmonious with this neighborhood. Commissioner Dickson also stated his concern that the proposed lots are one-third smaller than other lots in the surrounding area. He also noted that he is not comfortable with the fact that the proposed development would take up open space that had been set aside for this neighborhood years ago. -8- RESOLUTION N0. 2040 Commissioner Kotowski moved, and Commissioner Meyer seconded, that the Planning Commission adopt Resolution No. 2040 recommending approval of a zone change from R-1 (Single-Family Residential) to P-D (Planned Development) for properties known as 1106, 1130, and 1142 Audrey Avenue. This resolution was adopted by the following roll call vote: AYES: Commissioners: Kotowski, Meyer, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: Campos, Fairbanks RESOLUTION N0. 2041 Commissioner Kotowski moved, and Commissioner Meyer seconded, that the Planning Commission adopt Resolution No. 2041 recommending approval of plans, elevations, and development schedule to allow construction of 15 single-family homes on properties known as 1106, 1130, and 1142 Audrey Avenue in a P-D (Planned Development) Zoning District. This resolution was adopted by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Kotowski, Meyer, Kasolas Dickson Campos, Fairbanks ZC 81-25 This is the time and place for a public hearing Fisher, K. to consider the application of Mr. Kevin Fisher for a zone change from R-1 (Single-Family Residential) to P-D (Planned Development), and approval of plans, elevations, and development schedule to allow the construction of two single-family homes on property known as 959 Emory Avenue. Mr. Kee reported that Staff is recommending a continuance of this application j to the Planning Commission meeting of October 6 at the applicant's request. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this project. No one wishing to speak, it was moved by Commissioner Kotowski and seconded by Commissioner Meyer, that this item be continued to the meeting of October 6, 1981 in'order that the applicant may submit revised plans. This motion carried unanimously. 3 4 ZC 81-26 This is the time and place for a public hearing City-initiated to consider the City-initiated zone change from R-1 (Single-Family Residential) to P-0 (Professional Office) for property known as 260 W. Hamilton Avenue. -9- Mr. Kee briefly reviewed this item for the Commission, stating that at this time the City is initiating a zone change on the property from R-1 (Single Family Residential) to P-0 (Professional Office) so as to bring the zoning into conformance with the General Plan. There have been no other changes to the General Plan in this area. Chairman Kasolas 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 Kotowski, and seconded by Commissioner Meyer, that the public hearing be closed. This motion carried unanimously. RESOLUTION N0. 2042 It was moved by Commissioner Kotowski and seconded by Commissioner Meyer that the Planning Commission adopt Resolution No. 2042 recommending approval of the City-initiated zone change from R-1 (Single-Family Residential) to P-0 (Professional Office) for property known as 260 W. Hamilton Avenue. This resolution was adopted by the following roll call vote: AYES: Commissioners: Kotowski, Meyer, Dickson, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Campos, Fairbanks ZC 81-27 This is the time and place for a public hearing City-initiated to consider the City-initiated zone change from P-F (Public Facilities) to R-1 (Single-Family Residential) for property known as 690 S. San Tomas Aquino Road. Mr. Kee explained that the City is initiating this zone change in order to bring the existing zoning into conformance with the General Plan. Chairman Kasolas declared the public hearing open and invited anyone in the audience to speak for or against this application. No one wishing to speak, it was moved by Commissioner Meyer and seconded by Commissioner Kotowski that the public hearing be closed. This motion carried unanimously. RESOLUTION N0. 2043 It was moved by Commissioner Meyer and seconded by Commissioner Kotowski that the Planning Commission adopt Resolution No. 2043 recommending approval of a zone change from P-F (Public Facilities) to R-1 (Single-Family Residential) for property known as 690 S. San Tomas Aquino Road. This resolution was adopted by the following roll call vote: AYES: Commissioners:- Kotowski, Meyer, Dickson, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Campos, Fairbanks -10- ZC 65-20 This is the time and place for a public City-initiated hearing to consider the City-initiated amend- ment to Ordinance No. 522 of the Campbell Municipal Code, which adopted plans, elevations, development schedule and conditions of approval for the shopping center located at 1225-1451 W. Hacienda Avenue (Rolling Hills Shopping Center). The proposed amendment would add a condition requiring approval of a Use Permit for any new liquor establishment at the shopping center. Mr. Kee reviewed this item for the Commission, and noted that Staff is requesting a continuance because the surrounding property owners were inadvertently not notified of this hearing. He stated that the residents would be notified that the hearing will take place at the Planning Commission meeting of September 15, 1981 if so directed by the Commission. Chairman Kasolas 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 Kotowski, and seconded by Commissioner Meyer, that ZC 65-20 be continued to the meeting of September 15, 1981 in order that the surrounding property owners could be notified by mail of the hearing. This motion carried unanimously. TA 81-1 This is the time and place for a public hearing City-initiated to consider a City-initiated Text Amendment to the Campbell Municipal Code, adding Chapter 21.59 Garage Conversions. Chairman Kasolas 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 Kotowski, and seconded by Commissioner Meyer, that TA 81-1 be continued to the meeting of September 15, 1981 in order that a full Commission be present due to the policy nature of this item. This motion carried unanimously. OTHER ITEMS BROUGHT UP BY COMMISSIONERS Chairman Kasolas noted the referral from the City Council requesting that the Planning Commission change their meeting dates from the first and third Tuesday of the month to the second and fourth Tuesday of each month, in order that the Council might change its meeting dates. It was the consensus of the Commission that this referral be included in the packet with the next agenda, to be considered at that time. -11- Commissioner Dickson then noted that he had received an agenda for the Historic Preservation Study Committee. He noted that this meeting was scheduled for 3:30 p.m., in the afternoon, a difficult time for him to be at a meeting. He thanked the Chair for appointing him to this Committee but hoped that the Commission would recognize that he would have great difficulty attending these meetings if they were scheduled during normal working hours. ADJOURNMENT It was moved by Commissioner Meyer, and seconded by Commissioner Kotowski, that the Planning Commission meeting be adjourned. The meeting adjourned at 10:00 P.M. APPROVED: George C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recording Secretary