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PC Min 05/19/1981PLANNING COMMISSIO~d CITY OF CAt~1PBELL, CALIFORNIA TUESDAY, 7:30 P.M. PIINUTES PLAY 19, 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 (7:39); Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert Dempster (7:38), Recording Secretary Jeannine Wade. Absent None. APPROVAL OF MINUTES May 5, 1981 Commissioner Campos moved that the minutes of the regularly scheduled Planning Commission meeting of May 5, 1981 be approved as submitted, seconded by Commissioner Pack and unanimously adopted. COPIP1UNI CATIONS Acting Chairman Meyer noted several items of communication which had been distributed to each Commissioner. ~1r. Kee explained that these letters had been received from students at Blackford High School. He noted that each letter could be read into the record and action be taken, or should the Commission wish to acknowledge and file these letters and make them a part of the record that could be done. Commissioner Fairbanks inquired if these letters could be forwarded to the City Council. Mr. Kee stated that if these letters were made a part of the record they would be attached to the minutes of this meeting, and the Council does receive copies of the minutes. Commissioner Pack then moved that the five letters of communication be acknowledged and filed, and made a part of these minutes. This motion was seconded by Commissioner Fairbanks and unanimously adopted. Mr. Kee then reported that all other items of communication relate to specific items on the agenda and would be considered at that time. *** -2- ARCHITECTURAL APPROVALS SA 81-13 Appeal from the decision of the Planning Director l~Jinchester ARCO to remove a 25 square foot sign on property known as 2015 S. Winchester Blvd. in a C-3-S (Central Business District) Zoning District. Mr. Kee reported that on April 17, 1981 the Planning Director sent Mr. Mandolfo a letter informing him that a number of signs had been erected at the ARCO Service Station (2015 S. l~Jinchester Boulevard) without City approval. He was advised to submit a sign application or remove the signs. On April 21, 1981, he submitted an application for the signs. On April 24, 1981, Staff sent Mr. Mandolfo a letter indicating the signs which were approved and those which must be removed. At this time, Pir. Mandolfo is appealing the decision to remove one of the signs. The sign in question reads "15 Minutes Oil Change..." and is located on the face of the building fronting t~linchester Boulevard. The sign ordinance 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." Finally, Mr. Kee noted, Staff is of the opinion that the signing is adequate to identify the occupants and the services offered without this sign, and for this reason, Staff is recommending denial of this application. He further stated that this appeal was not before the Site and Architectural Review Committee this morning. Mr. Robert Pandolfo, applicant, appeared before the Commission to explain that he and his brother had recently purchased the ARCO station and are in the process of trying to renovate it. He impressed upon the Commission the importance of this sign to the overall business, noting that the "15 Minute Oil Change and Lube" will appeal to many customers. He urged the Commission for a favorable recommendation on this item. There being no further discussion on this matter, Commissioner P~leyer moved that the appeal of the decision of the Planning Director to remove a 25 square foot sign on property known as 2015 S. Winchester Boulevard be denied as recommended by Staff, seconded by Commissioner Pack and unanimously adopted. At this time Commissioner Koto4rski noted that signing should be used for idenfication rather than advertising, and felt this particular sign was more of an advertisement nature. Chairman Kasolas then explained the appeal procedure to Mr. Pandolfo and the Recording Secretary handed him a copy of the written procedure. *** S 81-17 Application of P1r. H. Rubenstein for approval Rubinstein, H. of plans and elevations to allow construction of a professional office building on property known as 42 W. Campbell Avenue in a P-0 (Professional Office) Zoning District. - 3- Commissioner Meyer reported that the applicant met with the Site and Architectural Review Committee this morning, and requested that this item be continued to the June 16 Planning Commission meeting. Commissioner Meyer then moved that S 81-17 be continued to June 16, 1981, seconded by Commissioner Kotowski and unanimously adopted. *** PUBLIC HEARINGS UP 81-09 This is the time and place for a public hearing Moser, N. to consider the application of Ms. Nancy Moser on behalf of P1r. Steak #94 fora use permit to allow an on-sale beer and wine place in an existing restaurant on property known as 2201 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. P1r. Kee stated that Staff is recommending approval of this use permit, subject to the conditions listed in the Staff Comment Sheet, to allow on-sale beer and wine in an existing restaurant. He further noted that this application had been referred to both the Fire and Police Departments. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. Pis. Nancy Moser, applicant, appeared before the Commis to explain that after taking surveys of other restaurants in the chain, it was determined that business would increase substantially should they be allowed to sell beer and wine. No one else wishing to speak, Commissioner Meyer moved that this public hearing be closed, seconded by Commissioner Pack and unanimously adopted. Commissioner Dickson announced at this time that he would be abstaining on this application since he is opposed to this for moral reasons. RESOLUTION NO. 2003 Commissioner Kotowski moved that the Planning Commission adopt Resolution No. 2003 approving the application of ~~1s. Nancy Moser on behalf of Mr. Steak #94 for a use permit to allow an on- sale beer and wine eating place in an existing restaurant on property known as 2001 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District, seconded by Commissioner Pleyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Fairbanks, Kasolas PJOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Dickson *** -4- GP 81-05 This is the time and place fora public hearing __ Plassmeyer, R. to consider the application of Per. Robert Plassmeyer for a General Plan amendment to change the Land Use Element from Low Density Residential (less than - 6 units per gross acre) to Professional. Office for property known as 260 lJ. Hamilton Avenue. P1r. Kee 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 subject property. The site is presently being used for a single family residence. Land uses shown on the Land Use Element of the General Plan for surrounding properties are as follows: NORTH: Professional Office, Public Facility SOUTH: Low Density Residential EAST: Medium Density Residential WEST: Professional Office Existing surrounding land uses are as follows: NORTH: Rosemary School, Professional Office SOUTH: Single Family Residential EAST: Multiple Family Residential WEST: Professional Office Staff is of the opinion that the proposed amendment is consistent with the land uses for the surrounding area. Generally, land uses along Hamilton Avenue are indicated as commercial, professional office, and multiple family residential. He also noted that the applicant has submitted conceptual plans indicating the retention of an existing single-family home to be converted into an office. However, these plans may or may not be workable and a subsequent application would need to be filed if the General Plan amendment is approved. Commissioner Fairbanks inquired about street improvements along the frontage of this property. h1r. Helms responded that at the time of site approval, the applicant would be required to dedicate right-of-way for street improvements. Chairman Kasolas inquired about the size of this lot. Engineering Manager Helms responded that this would be approximately the same as the two lots to the west after street dedication. He further noted that the Public Works Department is looking at substantial modifications to the movements allowed on Hamilton Avenue at that location. Consideration is being givdn to installation of extensive median islands prohibiting left turns into and out of these properties. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. -5- No one wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 2004 Commissioner Campos moved that the Planning Commission recommend approval of the application of Mr. Robert Plassmeyer for a General Plan amendment to change the Land Use Element from Low Density Residential (less than 6 units per gross acre) to Professional Office for property known as 260 l-J. Hamilton Avenue, seconded by Commissioner Kotowski and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, P•1eyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: None *** GP 81-06 This is the time and place for a public hearing City of Campbell to consider a City-initiated 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. Mr. Kee reported that the subject property was annexed to the City of Campbell under proceedings known as "Lovell 79-17" in November of 1980. The subject parcel was indicated on the General Plan as Public, Semi-Public at that time. A representative of the owner had recently inquired about the zoning of this parcel and at that time Staff discovered that this parcel inadvertently designated Public, Semi-Public in the drafting of the land use map. It was not Staff's intention to show this parcel as such, in that it is a privately owned parcel. At this time, Staff is recommending an amendment to the General Plan to clarify the use of this parcel. The surrounding uses of this property are as follows: NORTH: San Tomas Aquino Creek SOUTH: Single Family Residential WEST: Single Family Residential EAST: Single Family Residential The Land Use Element of the General Plan indicates the following land use designations: NORTH: Public, Semi-Public SOUTH: Low Density Residential WEST: Low Density Residential EAST: Low Density Residential -6- The proposed amendment to change the Land Use Element from Public, Semi- Public to Low Density Residential would be compatible with the surrounding land uses and area. Discussion then ensued regarding a recently denied project on this same street (UP 79-33, 700 S. San Tomas Aquino Road, for taro units). Plr. Kee explained that this project had been approved by the Planning Commission in February 1980, however it was denied by the Council because of traffic concerns. Engineering Planager Helms then reported that the project in question was considered prior to the recent street improvement project. He noted that the Council was not as optimistic as Staff regarding the project and the results of the improved street. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. Pis. Sherrie Collins of 2479 Twyla Court, Campbell, appeared to speak against this project. She reported that she lives in back of the subject property and is very concerned about the traffic on that curve. She is aware of several accidents that have occurred, and expressed concern about construction of residences at that site and the safety therefor. Engineering Manager Helms noted that there were a number of accidents occurring at that location, however it has not been very long since the re- cent street improvement project has been completed and he has not personally seen any traffic accident reports. He noted that should the Commission so desire he could come back with additional information regarding the accidents at this location at the next meeting. Commissioner Pack stated she would like to know what, if anything, could be done with the property other than what the Staff has recommended. Commissioners Dickson and Fairbanks expressed concern about this General Plan amendment as being a matter of housekeeping, and felt action should be taken to bring the zoning in accord with the General Plan. Commissioner Fairbanks noted, however, that she would be interested in seeing what materials the Public 4Jorks Department would be bringing back. P1r. Kee stated that the Commission could also review the overall Circ~ilation Element of the General Plan. He noted that this would not be a major carrier in the future. Commissioner Kotowski then moved that this item be continued to the June 2, 1981 Planning Commission meeting in order that additional information could be submitted regarding accidents at this location by the Public forks and Police Department, as well as other alternative uses for this property. This motion was seconded by Commissioner Campos and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Kasolas NOES: Commissioners: P~1eyer, Dickson, Fairbanks This motion passed by a 4-3- vote. *** -7- The Commission took a break at 8:25 p. m.; the meeting reconvened at 8:38 p.m. *** ZC 81-14 This is the time and place for a public hearing to consider Snyder, M. the application of Mr. Medford Snyder fora zone change from R-M-S (Multiple Family Residential) to P-D (Planned Development) and approval of plans, elevations, and development schedule to allow construction of '7 townhomes on property known as 90 Redding Road in a R-M-S (Multiple Family Residential) Zoning District. Commissioner Meyer reported that the Site and Architectural Review Committee met with the applicant this morning, and the Committee is recommending approval of the plans as redlined, with the addition of a walkway between this project and the previously approved project. Mr. Kee stated that Staff is recommending approval of this project, and the Architectural Advisor is also recommending approval. Commissioner Fairbanks inquired about the P-D zoning, and if P-D is being recommended because this is a townhouse project. Mr. Kee stated that the setback requirements have been met, and essentially the P-D zoning has been recommended because it is a townhouse project. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this project. Mr. Bill Irvine, one of the applicants, appeared before the Commission to answer any questions. Commissioner Fairbanks expressed concern about the adjacent property owner, and noted that anything that could lessen the impact on that property should be considered. Commissioner Dickson noted that he is opposed to this approval; it is being developed practically at the maximum density, and the Council has expressed concern about density in Campbell. No one else wishing to speak, nor anyone having questions of P~1r. Irvine, Commissioner Kotowski moved that the public hearing be closed, seconded by Commissioner P~eyer and unanimously adopted. RESOLUTION N0. 2005 Commissioner Kotowski moved that the Planning Commission recommend that the application of ~1r. Medford Snyder for a zone change from R-P1-S (Multiple Family Residential) to P-D (Planned Development) be approved, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, hleyer, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: None RESOLUTION N0. 2006 Commissioner Kotowski moved that the Planning Commission adopt Resolution No. 2006 recommending approval of the plans, elevations, and development schedule to allow construction of 7 townhomes on property known as 90 Redding Road, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, NOES: Commissioners: Dickson ABSENT: Commissioners: None Campos, Fleyer, Fairbanks, Kasolas *** -8- ZC 81-15 This is the time and place fora public hearing City of Campbell to consider the City-initiated application for a zone than a from R-1 (Single Family Residential) to R-1-H Single Family Residential/Historic Overlay) for historic designation of property known as 1888 l~Jhiteoaks Road (Parcel C of PM 81-04). Mr. Stafford gave background on this application, noting that the applicant desires to relocate a residence to another portion of the lot on which it exists. He noted that this structure is on the City's Historic Preservation Inventory, and it is also on the Santa Clara County Heritage Resource Inventory. Ne then located the present location of the building and t e proposed ration. He noted that the Historic Preservation Board adopted Resolution No. 5 recommending designation of the subject residence (Earl Young House) as an Historic Landmark on April 14, 1981. Staff is recommending approval of this zone change at this time. Commissioner Fairbanks inquired of the City Attorney if there would be any problem with zoning the property prior to placement of the house on the parcel. City Attorney Dempster responded that the only problem, as he sees it, is that the Commission might be setting a precedent. She then inquired if a condition could be placed on the zoning, stating that prior to effectuating the ordinance the house must be moved onto the property. City Attorney Dempster stated that if that should be a concern of the Commission, the Commission might ask the applicant to wait until the house is moved onto the property before it is zoned with the Historic Overlay Zoning. Commissioner Dickson then inquired about the impact of this zone change on the development of the area. Mr. Kee stated that if the house does not get moved and the zoning is established, the same body that placed the zoning on the property could remove it. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. Mr. Rudolph Herz of 1359 Arroyo Seco Drive appeared before the Commission to explain that he and his wife wish to retain this home, and they plan to duplicate the landscaping once the residence is relocated. No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Dickson and unanimously adopted. RESOLUTION N0. 2007 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 2007 recommending approval of the City-initiated application for a zone change from R-1 (Single Family Residential) to R-1-H (Single Family Residential/Historic Overlay) for historic designation of property known as 1888 t•lhiteoaks Road (Parcel C of PM 81-04) based on the finding that the zone change does not impact reasonable planning and .~ _ r -9- development of the area. This motion was seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, P~eyer, Dickson, Fairbanks NOES: Commissioners: Campos, Kasolas ABSENT: Commissioners: None *** ZC 81-16 This is the time and place for a public hearing City of Campbell to consider a City-initiated zone change from P-D (Planned Development/Commercial) to C-1-S (Neighborhood Commercial) for property known as 1143 S. San Tomas Aquino Road and 1255-1451 uJ. Hacienda Avenue (Rolling Hills Shopping Center). Mr. Kee provided background information to the Commission stating that there was considerable discussion earlier this year regarding the Rolling Hills Shopping Center. In particular, the discussion centered on the number of complaints that had been received from residents in the area regarding the Desperado's and Village Inn cocktail lounges. At its meeting of February 17, 1981 the Commission directed Staff to initiate proceedings for a zone change from P-D (Planned Development/Commercial) to C-1-S (Neighborhood Commercial) for the entire shopping center. It was the consensus of the Commission that the P-D zoning district may allow some uses which are not permitted under the C-1-S. It should be noted that the Land Use Element of the General Plan indicates a "commercial" land use for this site. Both the P-D and C-1-S zoning dis- tricts would be consistent with the general plan. One of the main differences between the two zoning districts is that the C-1-S district specifies a list of permitted uses, whereas the P-D district does not. The P-D district states that any use or development which is determined to be consistent with the General Plan of the city may be approved. Essentially, a zone change from P-D to C-1-S is a policy decision which must be approved by the City Council. Staff does not have a preference for one zoning district over the other, since they are both consistent with the general plan. Staff would only comment that a zone change to C-1-S would not have any impact on the two existing cocktail lounges in the shopping center. In Staff's opinion, the resolution of the neighbor's complaints regarding these two lounges would not be affected with a zone change to C-1-S. Commissioner Fairbanks inquired as to how long ago this shopping center was zoned. Mr. Kee stated that it was zoned P-D some 15 years ago. Commissioner Campos inquired of Mr. Kee what the main difference would be between the C-1-S zoning and the existing P-D zoning. -10- Mr. Kee explained that the plans are part of a P-D ordinance, and should a use be changed it would require a modification to the ordinance. He r noted that such a change would come before the Planning Commission; it would not be approved at staff level. Chairman Kasolas then opened the public hearing and invited anyone in the audience to speak for or against this item. Grace Kaboti, 4030 Moorpark Avenue, San Jose (attorney representing the Desperado's) appeared to explain that the Desperado's plan to continue to operate, and this zone change would not affect their business estab- lishment. She then respectfully requested, on behalf of her client, John Snell, that this item be removed from the agenda. Mr. Louis Perez of 1191 Hazelwood spoke against the Desperado's estab- lishment, noting he did not feel it is in the best interest of Campbell. Ms. h1argaret Estep then appeared before the Commission to explain that she has a petition signed by 50 people in the neighborhood stating that they feel the C-1-S zoning is more compatible than the P-D zoning. She did not submit the petition mentioned to the Commission for inclusion in the minutes. Kathy Hall of 1190 Glenblair appeared before the Commission to state that she does still not understand the difference between C-1-S and P-D zoning. City Attorney Dempster then explained for Mrs. Hale the difference, and the use permit requirement. Mrs. Hale then stated that she would be in favor of the C-1-S zoning for this property. No one else wishing to speak, Commissioner P~teyer moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. MOTION After considerable discussion, Commissioner Fairbanks moved that the Planning Commission adopt a resolution changing the zoning from P-D to C-1-S for the Rolling Hills Shopping Center since this zoning attempts to satisfy the neighborhood commercial atmosphere. This motion was seconded by Commissioner Dickson, and failed by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: MOTION Adopted Dickson, Fairbanks Pack, Kotowski, Campos, Meyer, Kasolas None Commissioner Pack then moved that the Planning Commission take no action, that the existing P-D zoning remain in effect, and that this item be removed from the agenda. This motion was seconded by Commissioner Meyer and adopted by the following roll call vote: -11- AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Kasolas NOES: Commissioners: Dickson, Fairbanks ABSENT: Commissioners: None *** ITEMS BROUGHT UP BY COh1MISSIONERS Commissioner Fairbanks reported that the Glinchester Auto Body Shop at Hacienda and l~Jinchester had erected an A-frame sign. M r. Kee noted that Staff would investigate this matter. *** Commissioner Fairbanks then inquired if tanning studios are required to have use permits. P1r. Kee responded affirmatively. She then noted that the Campbell Racquet Ball Club appears to have a tanning studio. Mr. Kee stated that Staff would investigate this matter also. *** Commissioner Campos asked the City Attorney for clarification as to whether or not it is proper for Planning Commissioners to visit sites of applications prior to consideration of the application. City Attorney Dempster responded that the Commissioners should not visit specific sites listed on an upcoming agenda, however they are not dis- couraged nor prohibited from driving in Campbell and viewing as they would normally do. ADJOURNP~1ENT Commissioner ~leyer moved that the meeting be adjourned, seconded by Commissioner Dickson, and unanimously adopted. The meeting adjourned at 10:18 p.m. APPROVED: George C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Jeannine Wade Recording Secretary