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PC Min 06/02/1981PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES _ JUNE 2, 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, Campos, Meyer, Dickson, Fairbanks, Chairman Kasolas; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, City Attorney J. Robert Dempster, Recording Secretary Jeannine 4Jade. Absent Commissioner Pack, Engineering Manager Bill Helms. APPROVAL OF MINUTES May 19, 1981 Commissioner Meyer moved that the minutes of the regularly scheduled Planning Commission meeting of May 19, 1981 be approved as submitted, seconded by Commissioner Kotowski and unanimously adopted. COMMUNICATIONS Mr. Kee reported that items of communication relate to specific items on the agenda and would be considered at that time. *** CONSENT CALENDAR TS 81-12 Tentative Subdivision Map: Lands of Crestmark Crestmark Homes Homes II. APN 413-25-17 (75 Shelley Avenue). Commissioner Meyer moved that the Planning Commission continue TS 81-12 as recommended in the Staff Comment Sheet, seconded by Commissioner Kotowski and unanimously adopted. *** PUBLIC HEARINGS PD 81-04 Continued public hearing to consider the application tu1cElroy, T. of Mr. Terry McElroy fora planned development per- mit and approval of plans, elevations, and develop- ment schedule to allow construction of 5 townhomes on property known as 51 Mission Way in a P-D (Planned Development/Medium Density Residential) .x Zoning District. g "~ f -2- Mr. Kee stated that Staff is recommending approval of this application. 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 as redlined on the plans. She noted that the applicant has addressed the concerns listed in the Staff Comment Sheet. Commissioner Fairbanks inquired about Mission Way; is it a street or private drive. Mr. Kee responded that it is a private easement, as he understands it. He noted that a condition of approval would be that it be improved. It is not a public street. Chairman Kasolas then opened the public hearing and invited anyone in the audience to speak for or against this project. No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. RESOLUTION N0. 2008 Commissioner Campos moved that the Planning Commission. adopt Resolution No. 2008 recommending approval of a planned development permit and plans, elevations, and i development schedule to allow construction of 5 town- } homes on property known as 51 Mission Way in a P-D ;' (Planned Development/Medium Density Residential) Zoning District, seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Pack * * ~ ~ PD 81-06 t This is the time and place for a public hearing Capitola Knolls to consider the application of Mr. Ron Troyon Investors on behalf of Capitola Knolls Investors for a ~ planned development permit and approval of plans, elevations, and development schedule to allow the construction of a 56,000 square foot office building on property known as 901 Campisi Way in a P-D (Planned Development/ Commercial) Zoning District. Mr. Kee reported that there is a communication on this item from the Water District, and the Staff as w ell as the Site and Architectural Review Committee is recommending a continuanc e of this item to the June 16, 1981 Planning Commission meeting in order that revised plans can be submitted. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. ,'. A -3- No one wishing to speak, Commissioner Kotowski moved that the public hearing be continued to the meeting of June 16, 1981, seconded by Commissioner Meyer and unanimously adopted. UP 81-10 This is the time and place fora public hearing Son, J, to consider the application of Mr. Ji Hyon Son for a use permit to allow off-sale beer and wine in an existing grocery store on property known as 1644 W. Campbell Avenue in a C-1-S (General Commercial) Zoning District. Mr. Kee reported that the applicant is applying fora use permit to allow the off-sale of beer and wine in an existing market (Unicorn Orient - Oriental Market). As the Commission is aware, a recent amendment to the Zoning Ordinance requires the approval of a use permit prior to approval of any new liquor license in the City of Campbell. The Police and Fire Departments have no comments on this application. Therefore, Staff is recommending approval 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 public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. RESOLUTION N0. 2009 Commissioner Kotowski moved that the Planning Commission adopt Resolution No. 2009 approving a use permit to allow off-sale beer and wine in an existing grocery store on property known as 1644 W. Campbell Avenue in a C-1-S (General Commercial) Zoning District. This motion was seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Kotowski, Campos, Meyer, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Pack ABSTAIN: Commissioners: Dickson Commissioner Dickson then stated that he abstained since he is morally against this use. *** UP 81-11 This is the time and place fora public hearing Calvary Chapel to consider the application of Calvary Chapel of San Jose for a use permit and approval of plans and elevations to allow the conversion of an existing building to a church on property known as 1711 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. -4- Mr. Kee stated that this application was discussed at length this morning during the Site and Architectural Review Committee meeting. Commissioner Meyer reported that the Site and Architectural Review Committee is recommending approval of this application subject to the conditions listed in the Staff Comment Sheet as well as the landscape plans coming back to the Committee and revised plans being submitted to the Planning Director. The Committee felt this would be a nice upgrade to the shopping center. Chairman Kasolas inquired if the building is currently sprinklered. Mr. Kee noted that any alteration to the sprinkler system shall be by issuance of a permit from the Fire Department; therefore the building is probably sprinklered. Commissioner Fairbanks expressed concern about parking at the shopping center, noting that the church next door also uses a portion of this parking area for its congregation on Sundays. Mr. Kee stated that he did not feel that there would be a problem, however should one arise it could be corrected. He noted that Staff is talking about 61 parking spaces for this church application, and there has never been a problem with parking for 194 cars. Chairman Kasolas inquired about the Farmer's P~arket, and whether Mr. Kee felt it might interfere. Mr. Kee stated that the Farmer's Market has a temporary permit, and should there become a problem the Council would make a determination. Chairman Kasolas then opened the public hearing and invited anyone in the audience to speak for or against this application. Mr. Warren Jacobsen, architect for the project, appeared to respond to the Commission's concerns. He noted that the building is sprinklered. He noted that as regards parking, there are cross easements and there should not be any kind of parking problems. A representative of the Calvary Church has spoken with a representative of the Methodist Church regarding the parking. The Methodist Church has sufficient parking on site, however many members of the church prefer to park at the subject location. He noted that the Farmer's Market will only meet on Saturdays, and the Flea Market meets on Saturday and Sunday only once a month. Mr. Dave Roekle, 2618 Sierra Vista Court, San Jose (representative of Calvary Church) reported that a Safeway Store in West Covina had been converted into a church and it has worked out very well. He noted that there have not been any parking problems. He further noted that the shopping center has prospered as a result of the conversion. No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. -5- RESOLUTION N0. 2010 Commissioner Meyer moved that the Planning Commission adopt a resolution approving a use permit and approval of plans and ele- vations to allow the conversion of_an existing building to a church on property known as 1711 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District subject to the conditions listed in the Staff Comment Sheet and as recommended by the Site and Architectural Review Committee. This motion was seconded by Commissioner Dickson and adopted by the following roll call vote: AYES: Commissioners: Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Pack Commissioner Campos noted at this time that he did have some reservations about ingress and egress, traffic, and parking on this application, however he felt optimistic and that this use might help upgrade the shopping center. *** ZC 81-13 This is the time and place fora public hearing Kimo Corp. to consider the application of the Kimo Corporation fora zone change from R-1 (Single Family Residential to P-D (Planned Development) and approval of plans, elevations, and development schedule to allow con- struction of 2 single family homes on property known as 1170 Steinway Avenue in a R-1 (Single Family Residential) Zoning District, and a modification to an approved plan (ZC 81-10) at 1160 Steinway Avenue. Commissioner Meyer reported that the applicant had met with the Site and Architectural Review Committee this morning, and the Committee is recommending approval as redlined on the plans with revised plans to be approved by the Planning Director. Mr. Kee stated that the reason Staff had recommended a continuance of this application was in order that changes could be made. It is now recommended that this application be approved as redlined, with revised plans to be submitted to the Planning Director for approval. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. Mr. Joseph Luis, representing the applicant, stated that all conditions will be complied with, and changes as recommended will be made. No one else wishing to speak, Commissioner Kotowski moved tha~. the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. -6- RESOLUTION NO. 2011 Commissioner Kotowski moved that the Planning commission adopt Resolution No. 2011 recommending a zone change from R-1 (Sin le Family Residential) to P-D (Planned Development for property known as 1170 Steinway Avenue. This motion was seconded by Commissioner Fairbanks and adopted by the following roll call vote: AYES: Commissioners: Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Pack RESOLUTION N0. 2012 Commissioner Kotowski moved that the Planning Commission adopt a resolution recommending approval of plans, elevations and development schedule to allow construction of two single-family homes on property known as 1170 Steinway Avenue and a modification to an approved plan (ZC 81-10) at 1150 Steinway Avenue. This motion was seconded by Commissioner Fairbanks and adopted by the following roll call vote: AYES: Commissioners: Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Pack ZC 81-17 This is the time and place for a public hearing to Creative Design Co. consider the application of Creative Design Company fora zone change from R-M (Multiple Family Resi- dential) to P-D (Planned Development) and approval of plans, elevations, and development schedule to allow construction of 7 townhomes on property known as 75 Shelley Avenue in a R-M (Multiple Family Residential) Zoning District. Mr. Kee stated that Staff is recommending approval of this application, in accord with the Architectural Advisor's recommendation with revised plans to be submitted to the Planning Director. Commissioner Meyer reported that the applicant met with the Site and Archi- tectural Review Committee this morning, and the Committee is recommending approval of this application subject to~revised plans being submitted to the Planning Director. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. Mr. Norm Garcia, representing the applicant, appeared to state that he is in agreement with the conditions of approval as set forth by the Staff and the Site and Architectural Review Committee. %; -7- Per. Tom Wells of 1710 Whiteoaks Road presented a petition to the Commission (a copy of which is attached hereto and made a part of these minutes) noting the traffic problems in the Whiteoaks area, and urging. that some action be taken to install stop signs at the intersection of Shelley Avenue and Whiteoaks Road, and at the intersection of Woodard Road and Whiteoaks Road: He further stated that there is already a problem with too much traffic on Whiteoaks Road and this development would only add to that problem. The Chair noted that a representative of the Public uJorks Department is not present this evening to respond to specific traffic questions, however this item could be continued in order that a report could come back in response to some of the concerns expressed this evening. Holly Spivey of 1700 Whiteoaks Road appeared to speak against this application. She stated that she felt the density is high enough and this project would add more traffic and people to this area. Mr. Frank Spivey, property owner, appeared to express his concern about the quality of life in the area; he felt these added units would increase the traffic and add congestion to the area. Mr. Kee noted that the General Plan for this area has been Multiple Family Residential for some time; the zoning must be consistent with the General Plan and the only difference between the R-M zoning and the P-D zoning would be the fact that townhouses would be allowed (which would require a subdivision map). No one else wishing tp speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Kotowski and adopted. Motion Commissioner Meyer moved that the Planning Commission adopt a resolution changing the zoning of property known as 75 Shelley Avenue from R-M to P-D and approving the plans, elevations, and development schedule to allow construction of 7 townhomes. This motion was seconded by Commissioner Kotowski. Discussion on D1otion Commissioner Fairbanks. spoke against this motion because of the high density. Commissioner Dickson also felt the density to be extremely high. This motion tied by the following roll call vote: AYES: Commissioners: Kotowski, Meyer, Kasolas NOES: Commissioners: Campos, Dickson, Fairbanks ABSENT: Commissioners: Pack It was then moved by Commissioner Campos to re-open the public hearing and continue this item to the Planning Commission meeting of June 16, 1981 in order to receive a report from the Public Works Department on the traffic in this area. This motion was seconded by Commissioner Fairbanks and adopted. *** - 8- GP 81-06 This is the time and place fora continued public City-initiated hearing to consider a City-initiated General Plan amendment to change the Land Use Element designa- tion from Public, Semi-Public to Lew Density Residential for property known as 690 S. San Tomas Aquino Road. Mr. Kee stated that this item had been continued from the last meeting in order that additional information could be provided regarding traffic. He noted that the Staff Comment Sheet covers concerns expressed at the last meeting. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. Mrs. Louise Perez of 91 Hazelwood Avenue, property owner, appeared before the Commission to speak in favor of this General Plan change. No one else wishing to speak, Commissioner Kotowski moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 2013 Commissioner Fairbanks moved that the Planning Commission adopt Resolution No. 2013 recommending approval of a General Plan amendment to change the Land Use Element designation from Public, Semi-Public to Low Density Residential (less than 6 units per gross acre) for property known as 690 S. San Tomas Aquino Road. This motion was seconded by Commissioner Campos and adopted by the following roll call vote: AYES: Commissioners: Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Pack At this time Commissioner Meyer noted that the street lights are out on this curve and asked that the Public Works Department check this out. *** The Commission took a break at 9:06 p.m.; the meeting reconvened at 9:32 p.m. *** MISCELLANEOUS SA 81-11 Continued application of Mr. Iraj Vassigh for Vassigh, I. approval of a sign permit to allow the refacing of an existing free-standing sign on property known as 100 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. -9- Mr. Kee reported that at its previous meeting of May 5, 1981, the Commission continued this application so that the applicant could submit a revised plan. ____ The applicant has since submitted a revised plan which accommodated both the Oyster Loaf Restaurant and the Windjammer Lounge on a free-standing sign. The most recent proposal indicates a total sign height of 22 feet and a signing area of approximately 80 square feet. This proposal indicates the retention of a 22 square foot reader panel which in Staff's opinion is not necessary to adequately identify the occupants of the premises. Section 21.68.090 of the sign regulation states: The number and size of individual signs shall be no greater than is necessary to adequately identify the occupants of the premises and indicate the products or services offered. Unless essential for the operation of the business, such signs shall be attached to or painted on the building and parallel to the adjoining street. If the Commission finds the proposal as red-lined to be acce table, Staff recommends approval subject to the following conditions: (1~ Elimination of sign post extending over 22 feet; (2) Elimination of the reader panel; (3) Lowering of Windjammer's sign; and (4) Obtaining any necessary electrical or building permits from the Building Department. Chairman Kasolas inquired about how high the building is. Mr. Vassigh, applicant, appeared before the Commission. He responded that the building is 18' high. Commissioner Meyer reported that the Site and Architectural Review Committee is also recommending approval subject to the four conditions recommended by Staff and as red-lined on the plans. Mr. Vassigh then stated that he is asking that the reader panel be allowed to remain, since he would like passersby to know that the restaurant will be open for breakfast, lunch, and dinner. He further noted that he has spent a lot of money trying to improve this restaurant, and urged the Commission for a favorable decision on this matter. Mr. George LaGeare of Midway Signs stated that the construction and re- modeling of this sign will be costing the owner $3,000. He also felt this sign would read better with the reader panel. Commissioner Dickson inquired of Mr. Kee when the signs in Campbell would have to conform to the current sign ordinance. Mr. Kee stated that all signs must conform to the sign ordinance no later than January 1983. P~1r. Kee noted that should th'e Commission wish to approve this sign, it would be a permanent approval; this sign would not be subject to the conformance regulation. Mr. Hengehold, owner of the Windjammer Lounge, stated that he did not have a problem with the reader board one way or the other. He did express concern about bringing the sign down to 14 feet. -I~- Motion Commissioner Meyer moved that this application be approved subject to the conditions listed in the Staff Comment Sheet. This motion was seconded by Commissioner Kotowski. Discussion of Motion Commissioner Dickson stated he felt the Commission would be setting a precedent by approving this sign. He felt once an exception is approved, it would be difficult not to approve other exceptions. Vote on Motion AYES: Commissioners: Kotowski, P1eyer, Fairbanks NOES: Commissioners: Campos, Dickson, Kasolas ABSENT: Commissioners: Pack Motion Chairman Kasolas then relinquished the gavel to Vice Chairman Meyer and moved That the Planning Commission approve this application subject to the conditions listed in the Staff Comment Sheet, however omitting Condition No. 2, allowing the reader panel. Commissioner Campos seconded this motion, and it failed by the following roll call vote: AYES: Commissioners: Campos, Kasolas NOES: Commissioners: Kotowski, Meyer, Dickson, Fairbanks ABSENT: Commissioners: Pack This motion failed by a 2_4_l vote. Commissioner Fairbanks then moved that this item be continued to the Planning Commission meeting of June 16, 1981 in order that a full Commission be present, subject to the applicant being in agreement with this. Commissioner Meyer then seconded this motion. The applicant stated that he is in agreement with this continuance. The Commission then voted unanimously to continue SA 81-11 to the Planning Commission meeting of June 16. Commissioner Dickson requested that the height of this building be included in the next Staff Comment Sheet. *** -11- S 80-12 Request of Mr. James Billmaier for reinstatement Billmaier, J. of approval of plans to construct 4 condominium _-_ units on the rear portion of an existing single- family development on property known as 60 Shelley Avenue in an R-M (Low-Medium Density Residential) Zoning District. Commissioner Meyer moved that this request be approved as recommended in the Staff Comment Sheet, seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Kotowski, Campos, Meyer, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: Pack *** Staff Report Staff report regarding installation of other than standard street improvements along Steinway Avenue. Mr. Kee stated that since a representative from the Public Works Department is not present, Staff would recommend a continuance of this item to the next meeting. Commissioner Meyer moved that this report be continued to the Planning Commission meeting of June 16, 1981, seconded by Commissioner Kotowski and unanimously adopted. *** Staff Report Review of Proposed Three-Year Capital Improvement Program. City Manager Robert Stephens appeared before the Commission to go over with them any questions they might have regarding the Capital Improvement Program. Commissioner Fairbanks mentioned at this time that she would like to see the procedure implemented for other than standard street improvements on Projects 11 and 17 (San Tomas Aquino Road Street Improvements, Hazel to Pollard; and Harriet Avenue Extension, Westmont to Hacienda). After a brief discussion, Commissioner Dickson moved that the Planning Commission find that the proposed Capital Improvement Program, as submitted, is consistent with the General Plan. This motion was seconded by Commissioner Kotowski and unanimously adopted. S 74-13 Request of Mr. Dwayne Reed for a modification Reed, D. to an approved site plan on property known as 905 Dell Avenue, to allow an industrial/manu- facturing use in a 5,885 square foot area approved as warehousing, in an M-1-S (Light Industrial) Zoning District. -12- Mr. Kee stated that Staff has looked at the site, and there does not seem to be a problem with the request as proposed. Commissioner Meyer stated that the applicant met with the Site and Archi- tectural Review Committee this morning, and the Committee is recommending approval of this request. Commissioner Kotowski moved that the Planning Commission approve this request subject to the conditions listed in the Staff Comment Sheet, seconded by Commissioner Meyer and unanimously adopted. *** Items Brought Up By Commissioners Commissioner Fairbanks asked that Staff prepare a report for the Commissioners on when use permits are required for bars and liquor establishments. The Commission was in consensus with this request. Commissioner Dickson asked that a report come back to the Commission regarding what percentage of the City is zoned P-D, and how much change has there been in the last few years. An,l(111RNMFNT Commissioner Meyer moved that the meeting be adjourned, seconded by Commissioner Campos, and unanimously adopted. The meeting adjourned at 10:28 p.m. APPROVED: George C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Jeannine Wade Recor ing Secretary ,~