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PC Min 07/07/1981TUESDAY, 7:30 P.M. PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA MINUTES JULY 7, 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: Pack, 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 bade. Absent None APPROVAL OF MINUTES June 16, 1981 Commissioner Campos moved that the minutes of the regularly scheduled meeting of the Planning Commission on June 16, 1981 be approved as submitted, seconded by Commissioner Pack and adopted, with Commissioners Kotowski and Fairbanks abstaining since they were not present at that meeting. COMMUNICATIONS P~1r. Kee stated that items of communication relate to specific items on the agenda and would be considered at that time. CONSENT CALENDAR TS 81-14 Tentative Subdivision Map: Lands of D'Arrigo Lands of D'Arrigo APN 413-43-138 and 139 (950-962 Apricot Avenue). Mr. Kee reported that this item is directly related to the application of Mr. Jere LaGuisa (ZC 80-15) for approval of a modification to approved plans to allow construction of 12 condominiums on property known as 950 and 962 Apricot Avenue. At its previous meeting of April 21, 1981, the Commission adopted Resolution No. 1997 recommending approval of the referenced application. The Commission recommended approval with a 6-0-0-1 vote (Commissioner Kasolas abstaining). Condition R of that approval requires the applicant to process and file a tract map. The applicant now is requesting approval of the subject tentative subdivision map. Commissioner Pack then moved that TS 81-14 be approved as recommended in the Staff Comment Sheet, seconded by Commissioner Meyer and unanimously adopted. *** -2- ARCHITECTURAL APPROVALS S 81-09 Continued application of Mr. Gary Kanawyer for Kanawyer, G. approval of plans and elevations to allow con- struction of an additional 1,500 square foot warehousing building on property known as 70 Cristich Lane in an M-1-S (Light Industrial) Zoning District. Mr. Kee reported that Staff had received a request fora continuance of this application until the next meeting. He then stated that Staff would be in agreement with a continuance to the Planning Commission meeting of July 21, 1981. Commissioner Pack then moved that the Planning Commission continue this application to the Planning Commission meeting of July 21, 1981, seconded by Commissioner Campos and unanimously adopted. *** S 81-19 Application of Mr. Kurt B. Anderson for approval Anderson, K. of plans and elevations to allow the construction of a 7,230 square foot retail/office building on property known as 1600 S. Winchester Blvd. in a C-1-S (Neighborhood Commercial) Zoning District. Mr. Kee reported that the applicant has requested a two-week extension of this application, and Staff is recommending a continuance of this application. Commissioner Meyer then moved that S 81-19 be continued to the Planning Commission meeting of July 21, 1981 at the request of the applicant. This motion was seconded by Commissioner Kotowski and unanimously adopted. *** PUBLLC HEARINGS S 81-18 This is the time and place for a public hearing Whitestar Corporation to consider the application of Whitestar Corpora- tion for approval of plans and elevations to allow construction of 27 condominium units on property known as 123 and 135 Redding Rd. in an R-M-S (Multiple Family Residential) Zoning District. Mr. Kee reported that the applicant is proposing to construct 27 condominium units on the 2.09 acre parcel. The proposed development would be developed at a density of 12 units per gross acre which is consistent with the low-medium density residential designation (6-13 units per gross acre) as shown on the Land Use Element of the General Plan. The existing site is presently occupied by two, single-family, residences which will be removed with the development of this project. A number of the mature trees on the site have been accommodated with the proposed site plan. Building materials are indicated_as 1" x 8" bevel lap or shakertown shingle panels for siding and wood shakes for roofing materials. The site plan indicates that approximately 44% of the project will be landscaped. -3- The applicant has provided 68 parking spaces for this project. The proposed parking will be accommodated in two-car garages in each unit and 14 uncovered __ parking stalls. The provided parking results in a parking ratio of 2.5 spaces per unit which satisfies the parking requirement for two or more bedroom condominiums. He further noted that the Architectural Advisor is of the opinion that the site design is acceptable and that the exterior design is interesting. Commissioner Meyer reported that the applicant met with the Site and Architectural Review Committee this morning, and the Committee is recommending approval of this application. She noted that the Architectural Advisor has stated that the design is acceptable. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. Mr. Jack Schenk, applicant, appeared to answer any questions the Commission might have and to state that he is agreeable to all the conditions stated. No one else wishing 'to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION NO. 2022 Commissioner Kotowski moved that the Planning Commission approve the application of ulhitestar Corporation for approval of plans and elevations to allow construction of 27 condominium units on property known as 123 and 135 Redding Road in an R-M-S (Multiple Family Residential) Zoning District, seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Pieyer, Kasolas NOES: Commissioners: Dickson, Fairbanks ABSENT: Commissioners: None Commissioner Dickson stated that he opposed this application since this parcel is proposed to be developed at a high density range (12 units per gross acre in a low-medium density designation--6-13 units per gross acre) which is in conflict of Council policy, which recommends developing at the low end of the density range. *** V 81-01 This is the time and place for a public hearing Dowdy, J. to consider the application of Mr. Jim Dowdy fora variance to the parking code to allow all compact parking (7 spaces) so as to allow an automotive repair business in a building approved for warehouse use on property known as 180 Dillon Avenue in a P-D (Planned Development/Industrial) Zoning District. -4- Mr. Kee reported that on September 19, 1977, the City Council approved plans to construct a 2,500 square foot warehouse building at 180 Dillon Avenue. The project was completed in June of 1980. Condition of approval number 5 for this project required: "Applicant to sign agreement to be recorded as a Deed Restriction indicating property will be used for warehouse purposes only. In November of 1980 the Planning Department noticed that the building was not being used as a warehouse as approved, but was occupied by an auto repair business. A letter was sent to the owner informing him of the violation. He was advised to return the building to warehouse use or meet with the City Attorney to state cause for the business to remain. fie further noted that f,1r. Dowdy met with the City Attorney and was advised to: (1) return the building to warehouse use, or (2) apply for a variance to allow the business to remain. The applicant is now applying fora variance to the parking requirement. Under the Code, a warehouse use of this size requires 5 parking spaces (1 space per 500 square feet) while an automotive repair shop requires 7 spaces (1 space per 350 s.f.). Presently, only five spaces exist. Due to the limited size of the property, no additional space for parking is available. However, the applicant can convert the 5 regular size parking spaces into 7 compact spaces. Normally, only two compact spaces would be allowed. He then reminded the Planning Commission that they have the authority to grant a variance when they determine "practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this chapter may result from strict application of certain provisions." Staff is of the opinion there is insufficient justification for a variance. A hardship resulting from the uniqueness of the property has not been demonstrated. Reasonable use of the property is obtained with a warehouse use. In addition, Staff has inspected the property several times and found a parking problem (10 or more cars parked on and around the site). Furthermore, Staff believes that granting this variance could seta precedent for other variations to the parking Code. For these reasons Staff is recommending denial of this application. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. ter. Jim Dowdy, 1405 Plarilyn Avenue, Saratoga (applicant) appeared before the Commission to urge a favorable rendering on this application. He reported that he has a lease with the present tenant and would like to maintain that lease. No one else wishing to speak, Commissioner Kotowski moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 2023 Commissioner Campos moved that the Planning Commission adopt Resolution No. 2023 denying the application of Mr. Jim Dowdy for a variance to the parking code to allow all compact parking (7 spaces) so as to allow an automotive repair business in a building approved for warehouse use on property known as 180 Dillon Avenue since: The particular hardship claimed by applicant seems to be self-imposed; expenses incurred in the hope of obtaining a variance seem to be self-imposed; and, the hardship seems not to be unusual, and applies equally to numerous -5- other lots; and, a variance cannot be used to grant a special privilege to one applicant on the basis that "it can do no real harm"; and, it seems that the property may reasonably be used for the purposes zoned without a variance. This motion was seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: None Chairman Kasolas then notified the applicant of the appeal procedure. V 81-02 This is the time and place for a public hearing Osterlund, H. to consider the application of Mr. Harold Osterlund for a six foot variance to the front yard setback requirement to allow the con- struction of an 1,860 square foot office addition to an existing building on property known as 541 Division Street in a CM:B-80 (Controlled Manufacturing) Zoning District. P-1r. Kee reported that this item had been reviewed by the Site and Architectural Review Committee this morning. However, he noted that the Public LJorks Depart- ment would be willing to recommend abandonment of part of the street right-of-way which would reduce the need for a variance from 6 feet to 3 feet. Mr. Ldill Blessing, representing the applicant, appeared before the Commission noting he is not familiar with City procedures and asked Staff's and the Commission's opinion as to what procedure is recommended at this point. Commissioner Dickson expressed concern about denying this application without fully knowing whether the Council will proceed to abandon a portion of this street. Mr. Nelms explained that a letter had been sent to the property owner explaining what the procedure would be for abandonment. He noted that the owner must submit an application to the Public Glorks Department for abandonment, and agree to pay for the cost of the proceedings. Mr. Kee stated that he would suggest a two week continuance of this application in order to resolve these problems. Mr. Blessing noted that his client would be in agreement with a continuance. 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 Pack moved that V 81-02 be continued for two weeks (to the Planning Commission meeting of July 21, 1981), seconded by Commissioner Dickson and unanimously adopted. *** -6- ZC 81-18 This is the time and place for a continued public DuVon, G. hearing to consider the application of Mr. Gabor DuVon for a zone change from R-3-S (Multiple Family Residential) to P-D (Planned Development) and approval of plans, elevations and development schedule to allow construction of 46 town homes on property known as 14301 S. Bascom Avenue in an R-3-S (Multiple Family Residential) Zoning District. Mr. Kee stated that Staff is recommending a continuance of this application in order that revised plans can be submitted. Commissioner Meyer reported that the applicant met with the Site and Architectural Review Committee this morning, and the Committee is also recommending a continuance of this application. Commissioner Fairbanks inquired about the concerns of the application as presented. Commissioner Meyer noted that there were concerns regarding landscaping, site layout being unacceptable due to on-site circulation and traffic, and the fact that there were minimal changes from the last plans submitted. Chairman Kasolas declared the public hearing open and invited anyone in the audience to speak on this application. No one wishing to be heard, Commissioner Meyer moved that ZC 81-18 be continued to the Planning Commission meeting of July 21, 1981, seconded by Commissioner Kotowski and unanimously adopted. *** The Commission took a break at 8:25 p.m.; the meeting reconvened at 8:40 p.m. *** ZC 81-22 This is the time and place for a public hearing Lyle, J, to consider the application of t~1r. 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 17 single-family homes on property known as 1106, 1130 and 1142 Steinway Avenue. Commissioner P4eyer reported that the applicant met with the Site and Architectural Review Committee this morning, and the Committee is recommending approval of this application with the added condition that the landscape plans be documented by a landscape architect in order to resolve some of the Architectural Advisor's concerns. Mr. Kee then noted that an item of communication had been received and requested that the Recording Secretary read it into the record. Recording Secretary Wade read into the record a letter from Chester B. and Gertrude F. Eades of 1032 Audrey Avenue, Campbell, objecting to this proposed development. A copy of this letter is attached hereto and incorporated into these minutes. -7- Commissioner Meyer inquired of P~1r. Helms if there were any traffic problems. Engineering Manager Helms responded that Staff is not aware of any traffic problems. There have been no reports as to any high speeds, traffic volumes or accidents. Commissioner Pack inquired of Mr. Helms how many trip ends would be generated by the proposed 17 homes. Engineering Manager Helms responded that typically a single-family residence would generate 7-10 trips per day; therefore, with an average of 8 there would be approximately 133 trip ends per day generated. Commissioner Fairbanks inquired what is being done under the P-D Zoning District that would not be allowed in an R-1 District. Mr. Kee responded that under the R-1 Zoning District this development would require a public street. What is being proposed is a development with private streets. He also noted that the zero lot line concept is acceptable under the P-D Zoning District. He also noted that the front yard setbacks are less in a P-D District, and there is no minimum lot size requirement. Chairman Kasolas opened the public hearing and invited anyone to speak for or against this application. Mr. Steve Anderson of 1082 Lucot May appeared to stated that he is the legal owner of the property. Mr. Jim Lyle, applicant, appeared before the Commission to fully explain the concept of this project. Mr. Lee Peterson of 1156 Audrey Avenue submitted a petition to the Commission, signed by approximately 100 residents, in opposition to this project. He noted that there are also three letters from residents in the area which also oppose this project. A copy of the petition and the letters of opposition are attached hereto and made a part of this record. Pls. Maggie Desmond of 1491 Hack Avenue suggested that the Commission consider an alternate route of ingress/egress for this development. She explained the traffic movements along Audrey Avenue are very dangerous, since there is a jog in the road, and it is unsafe for children walking to and from school. She further stated that the proposed development is not consistent with the single-story, single-family neighborhood, with lots having one-third and one-half acres. She also suggested having an environmental report for this area prepared. She noted the residents are in favor of retaining this area as single-family with larger than minimum lot sizes. Mr. !-lilliam Perry of 1113 !~~l. Parr expressed his concern about added traffic and congestion with approval of this project. Mr. Hall Hendrix of 1543 Hack Avenue spoke against the increased density for the area. Beverly Gardner of 1511 Hack Avenue wanted to know if the fire access for this development had been approved by the Fire Department. r, r -8- t Mr. Kee responded affirmatively. No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. Commissioner Dickson then moved that the Planning Commission deny this applica- tion on the basis that the application does not demonstrate a better use under the P-D Zoning. This motion was seconded by Commissioner Fairbanks. Commissioner Pack inquired if possibly the Commiss-ion should consider a continuance of this matter in order to allow the applicant to meet with the residents regarding concerns expressed. After a brief discussion, and the applicant stating that he would be in agreement with a continuance, Commissioner Fairbanks withdrew her second to the motion for denial. Commissioner Dickson then withdrew his motion for denial of this application. Commissioner Pack then moved that the public hearing on this matter be reopened. This was seconded by Commissioner Kotowski and unanimously adopted. Commissioner Pack then moved that this application be continued to the August 4, 1981 Planning Commission meeting, this motion was seconded by Commissioner Kotowski and unanimously adopted. It was the consensus of the Commission that a traffic study be made to see if it supports the concerns expressed by the residents this evening. Commissioner Fairbanks suggested that the applicant address the policy statement as set forth by the Council for this area. *** MISCELLANEOUS SA 81-25 Application of the Campbell Center Association for a sign permit for a free-standing sign listing tenants of the Campbell Center, and exceeding the 50 square foot limit as specified for commercial use, on property known as 1757 S. Winchester Blvd. 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 conditions listed in the Staff Comment Sheet. Commissioner Kotowski explained that in this particular case the Committee felt that the trade-off for the excessive area (125 s.f. proposed, 50 s.f. maximum limit) is warranted since it will remove an eyesore which has been there for some time. Commissioner Dickson felt the Sign Ordinance does not take care of cases such as this, and wondered if there might be something done to take care of this. `~ ~' :, -9- Mr. Kee responded that this might be a subject for a future study session. Commissioner Kotowski then moved that the Planning Commission approve SA 81-25 subject to the conditions listed in the Staff Comment Sheet, seconded by Commissioner Meyer and unanimously adopted. *** SA 81-23 Application of Alvin Chan, Inc. for a sign permit Alvin Chan, Inc. to allow the refacing of an existing 150 square Hancock Fabrics foot sign and the erection of a 90 square foot sign on property known as 651 u1. Hamilton 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 approval of refacing of the existing sign, subject to the conditions listed in the Staff Comment Sheet, and denial of the freeway-oriented sign. Mr. Gene Barber of Ad-Art appeared to state that the owner of the shopping center is alerted to the fact that this sign must be removed 18 months from the date of approval. Commissioner Kotowski then moved that the Planning Commission approve the existing sign, subject to the conditions listed in the Staff Comment Sheet, and that the Planning Commission recommend to the City Council denial of the proposed 90 square foot freea~ay/expressway oriented sign. This motion was seconded by Commissioner Meyer and unanimously adopted. *** Staff Report Staff report regarding the change in the percentage of land zoned P-D (Planned Development). Mr. Kee explained the two maps displayed for the Commission's review. Commissioner Dickson felt the usage of the P-D Ordinance has in many cases been to accommodate townhouses. It was the consensus of the Commission that this report be acknowledged and filed. *** Staff Report Consideration of a Draft Garage Conversion Ordinance. Chairman Kasolas stated he felt this Ordinance adds one more level of bureau- cracy; it will now require a use permit and architectural approval to convert a garage. -10- After brief discussion, Commissioner Pack moved that the Draft Garage Conversion Ordinance be forwarded to the City Council for review and further direction. This motion was seconded by Commissioner Kotowski and adopted with Commissioners Dickson and Kasolas voting "no". *** Staff Report Staff report regarding other than standard street improvements in the San Tomas Area. Engineering Manager Helms explained that the procedure before the Comission is a reflection of the deliberations of the Committee. There being no questions or further explanation, Commissioner Fairbanks moved that this procedure be forwarded to the City Council for approval and imple- mentation. This motion was seconded by Commissioner Dickson and unanimously adopted. *** Staff Report Use permit requirements relating to liquor establishments. The Commission thanked Staff for preparing this informational report. It was the consensus that this report be acknowledged and filed. *** Staff Report Planning Commission Resolution No. 1487 regarding Planning Commission policy. Commissioner Dickson spoke in favor of the existing policy regarding passage of motions, noting that it has worked very well in the past. After a brief discussion, Commissioner Pack moved that the Planning Commission adopt Resolution No. 2024 amending paragraph "Y" on page 8 of Resolution No. 1487 to read as follows: "In order for a motion to pass, a majority of the quorum of concurring votes is required." This motion was seconded by Commissioner Pleyer and adopted with Commissioner Dickson voting "no". *** Referral from Referral from the City Council regarding Composition City Council of Study Committee for Downtown Area General Plan Review. Mr. Kee reported that a referral had been received from the Council requesting suggestions for composition of a study committee for the Downtown Area General Plan Review. The Council asked that this information be made available at its July 13, 1981 meeting. :,l 'z -11- It was the consensus of the Commission that representatives from the following Commissions/organizations sit on this study committee: 1. Planning Commission 2. Civic Improvement Commission 3. Park and Recreation Commission 4. Chamber of Commerce 5. Elementary School Board 6. Business Groups in the area. *** w n gyn. uvuu~uT Commissioner Dickson moved that the meeting be adjourned, seconded by Commissioner Meyer and unanimously adopted. The meeting adjourned at 11:04 p.m. APPROVED: George C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Jeannine Wade Recor ing Secretary