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PC Min 04/07/1981PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES APRIL 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, P1eyer, Fairbanks, Chairman Kasolas; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Jeannine Wade. Absent Commissioner Dickson. APPROVAL OF MINUTES March 17, 1981 Commissioner Campos moved that the minutes of the regular Planning Commission meeting of March 17, 1981 be approved as submitted, seconded by Commissioner Kotowski and adopted with Commissioner Pack abstaining due to her absence from that meeting, and Commissioner Meyer abstaining on that portion of the minutes during which she was absent from the meeting. COMMUNICATIONS Chairman Kasolas noted that communications received relate to specific items on the agenda and would be c onsidered at that time. Ms. Joan Wildermann appeared to speak before the Commission, noting that the subject which she wishes to speak on is not on the agenda. Chairman Kasolas asked that she wait until after the items on this evening's agenda have been considered before making her presentation to the Commission. *** ARCFIITECTURAL APPROVALS S 81-07 Continued application of Mr. Kjartan Armann for Armann, K. approval of plans and elevations to construct an industrial building on property known as 954 and 960 Camden Avenue in an M-1-S (Light Industrial) Zoning District. -2- Commissioner Meyer reported that the applicant had met with the Site and Architectural Review Committee this morning, and the Committee is recommending approval of this application. She noted that this had been referred to the Santa Clara Valley Water District, and the District is allowing the applicant to plant trees in the easement. She noted that the landscape plan will go before the Park and Recreation Commission tomorrow evening (April 8). Commissioner Campos then moved that S 81-07 be approved subject to the conditions listed in the Staff Comment Sheet, seconded by Commissioner Pack and unanimously adopted. A copy of the Conditions of Approval are attached hereto and made a part of this record. *** S 81-09 Continued application of Mr. Gary Kanawyer for Kanawyer, G. approval of plans and elevations to allow construction of an additional 1,500 square foot warehouse building on property known as 70 Cristich Lane in an M-1-S (Light Industrial) Zoning District. Mr. Kee reported that the applicant has requested a continuance of this item. Commissioner Kotowski then moved that S 81-09 be continued to May 19, 1981, seconded by Commissioner Fairbanks and unanimously adopted. S 81-11 Application of Mr. Robert Peepari for approval Peepari, R, of plans and elevations to allow construction of a 8,754 square foot commercial (retail) building on property known as 2160 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Commissioner Meyer reported that the applicant and architect met with the Site and Architectural Review Committee this morning, and the Committee is very pleased with the plans. She further noted that the Committee is recommending that the trash enclosures remain as originally proposed, and that the landscape plan come back before the Committee for approval. The Committee is recommending approval of this project. Commissioner Kotowski noted that the Architectural Advisor felt that the roof line should be hipped, however the Committee feels that the plans should be approved as submitted. Mr. Bob Peepari, architect for the project, appeared before the Commission to explain the project and scale model display of the project prepared for the Commission's information. Commissioner Fairbanks inquired if the adjoining property owner of the single- family residence had been notified of the revised plans. Mr. Kee responded affirmatively and noted that the property owner is in the audience this evening. -3- Mr. Greg Robinson, son of the property owner, appeared to inquire about the fencing of the trash area. Mr. Stafford stated that there will be a 6' fence surrounding the trash area. Commissioner Meyer then moved that the Planning Commission approve S 81-11 subject to the conditions listed in the Staff Comment Sheet, with the landscape plan to come back before the Committee for approval, and the original location of the trash enclosure to be retained. This motion was seconded by Commissioner Kotowski and unanimously adopted. A copy of these Conditions of Approval are attached hereto and made a part of these minutes. *** S 81-12 Application of Mr. Luis Pina for approval of Pina, L. plans and elevations to construct a 10,542 square foot commercial (retail) building on property known as 2097 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Commissioner Meyer reported that the applicant met with the Site and Architectural Review Committee this morning, and the Committee is recommending a continuance of this application to April 21 in order that concerns regarding trees, parking, and driveways may be worked out. Commissioner Pack then moved that the Planning Commission continue S 81-12 to the meeting of April 21, 1981, seconded by Commissioner Meyer and unani- mously adopted. *** S 81-13 Application of Mr. Sal Gonzales for approval of Gonzales, S. plans and elevations to construct a 960 square foot addition to an existing restaurant at 2000 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Commissioner Meyer reported that the applicant met with the Site and Architectural Review Committee this morning, and the Committee is recommending approval subject to the redlining on the plans which resolve concerns regarding restriping for parking and trash enclosures. Commissioner Kotowski noted that the landscape plan will not come back to the Committee since there is existing landscaping. Commissioner Pack expressed concern about the addition being subject to environmental affects (noise, pollution from car exhaust, etc.) since it fronts on Bascom Avenue. Commissioner Meyer reported that the new addition is proposed to be glassed in. Commissioner Kotowski inquired if wheelchair ramps needed to be installed for this project, and if this should be a condition of approval. -4- Engineering Manager Helms responded that the City Council has allocated funding for wheelchair ramps within the entire area. He stated he felt it is appropriate to require that this property install wheelchair ramps at this time. He further noted that ultimately all intersections within Campbell will be changed to accommodate wheelchairs. Mr. Helms then noted that wheelchair ramps have been redlined on the plans for inclusion. Commissioner Pack then moved that S 81-13 be approved by the Planning Commission as redlined and subject to the conditions listed in the Staff Comment Sheet, seconded by Commissioner Kotowski and adopted with Chairman Kasolas abstaining since he was not happy with this application. A copy of the Conditions of Approval are attached hereto and made a part of these minutes. *** S 81-14 Application of Mr. Chuck Starbird on behalf Starbird, C. of Costar Construction Co. for approval of plans and elevations to make exterior modi- fications to an existing retail building on property known as 2065 S. Winchester Blvd. in a C-3-S (Central Business District/ Commercial) Zoning District. Mr. Stafford reported that Staff has received a request from the applicant asking that this item be withdrawn from the agenda, since the property owners have decided against exterior modification to this building. Commissioner Meyer then moved that S 81-14 be withdrawn as requested, seconded by Commissioner Kotowski, and unanimously adopted. *** PUBLIC HEARINGS S 81-10 Public hearing to consider the application of Nash, G. Mr. Gary Nash on behalf of Gan Construction Co. for approval of plans and elevations for the move-on of a single-family dwelling onto property known as 362 Budd Avenue in an R-1 (Single-Family/Low Density Residential) Zoning District. Commissioner Meyer reported that the applicant is proposing to move a single-family structure onto Budd Avenue. She noted 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. Mr. Kee stated that Staff is also recommending approval of this application. Commissioner Fairbanks inquired about the relationship of this property to the Expressway, and if there were any public works problems. -5- Engineering Manager Helms responded that there does not appear to be any access problems; however, should a problem arise with ingress and egress, an island would be constructed limiting right turns into and out of the site. The placement of the home is satisfactory to the Public Works Department. Chairman Kasolas opened the public hearing and invited anyone to speak for or against this item. No one wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. RESOLUTION N0. 1992 Commissioner Campos moved that the Planning Commission adopt Resolution No. 1992 approving the application of Mr. Gary Nash on behalf of Gan Construction Co. for approval of plans and elevations for the move-on of a single-family dwelling onto property known as 362 Budd Avenue in an R-1 (Single-Family/Low Density Residential) Zoning District, seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Dickson *** ZC 80-15 This is the time and place for a public hearing LaGuisa, J. to consider the application of Mr. Jere LaGuisa fora modification of the approved plans and an approval for a planned development permit to allow the construction of 12 condominium units on property known as 950 & 962 Apricot Avenue in a P-D (High Density Residential) Zoning District. Commissioner Meyer reported that the Site and Architectural Review Committee met this morning with the applicant, and the Committee is recommending a continuance of this item to the April 21 meeting in order that concerns can be resolved regarding the roof overhang and location of the trash enclosures. 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 ZC 80-15 be continued to the April 21 Planning Commission meeting, seconded by Commissioner Kotowski and adopted with Commissioner Kasolas abstaining due to possible conflict of interest. *** -6- UP 81-05 This is the time and place for a public hearing Bernal, M. to consider the application of Ms. Maria Bernal for a use permit to allow the establishment of an on-sale beer and wine eating place for property known as 1611 W. Campbell Avenue in a C-2-S (General Commercial) Zoning District. Mr. Kee reported that the applicant has requested a use permit to allow the sale of beer and wine in connection with an existing restaurant. Commissioner Pack inquired if this is considered a fast-food restaurant. P•1r. Kee responded that this might be considered a fast-food restaurant, however it does not have a drive-up window. Chairman Kasolas inquired if the Alcoholic Beverage Control Board reviews these applications. Mr. Kee responded that the ABC does review all applications and issues liquor licenses. Chairman Kasolas then opened the public hearing and invited anyone in the audience to speak for or against this item. Ms. Maria Bernal appeared before the Commission to explain that she had requested an on-sale/off-sale license. Mr. Kee explained that the request received from the ABC stated "on-sale" only, and therefore the use permit was noticed as such. He noted that should she wish to pursue an "off-sale" permit she could reapply to the Commission and go through the normal process. He noted the Commission could approve the "on-sale" use permit this evening. The applicant was in agreement with the consideration of the "on-sale" use permit this evening. No one else wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION NO. 1993 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1993 approving the application of Ms. Maria Bernal fora use permit to allow the establishment of an on- sale beer and wine eating place for property known as 1611 W. Campbell Avenue in a C-2-S (General Commercial) Zoning District, seconded by Commissioner Campos and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Dickson *** -7- The Commission took a break at 8:22 p.m.; the meeting reconvened at 8:35 p.m. *** UP 81-06 This is the time and place fora public hearing Jacobsen, W. to consider the application of h1r. Warren Jacobsen for a use permit and approval of plans and elevations to convert an existing service station building into a retail sales building while retaining the service bays for the sale of gasoline on property known as 1387 Camden Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Commissioner Meyer reported that the applicant met with the Site and Archi- tectural Review Committee this morning, and there was considerable discussion on this application. The Committee decided that this application should be referred to the full Commission. She then asked the City Attorney for clarification of the ordinance as stated in the Staff Comment Sheet. City Attorney Dempster noted that any use approved should remain within reasonable standards. Commissioner P~1eyer then reported that the Committee had a problem with the two different uses proposed for the area. Mr. Stafford explained that at this morning's Site meeting this request was considered (allowance of retail clothing sales). He noted that in the past it has been the policy of the Commission to not permit this type of use. He noted that the intent of the ordinance is to limit the sale of products at a service station site to those of automotive uses. Mr. Kee further elaborated that there have been problems in the past when service stations have tried to expand services to other than service station related. He noted that it has been a matter of past policy of the Planning Commission and the City Council to not allow expansion of uses such as the one proposed; ho-~vever if the Commission and/or Council determines that this is an appropriate use, Staff would have no problem with it. Chairman Kasolas 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 explain the site layout. He noted that the two uses would be maintained separately; there would be an attendant for gasoline services, and a sales person for the retail portion. He further noted that the retail sales would operate from the front portion of the building. Mr. Dickman, owner of the site, explained how the operation would be handled. He noted that it has become very difficult for independent stations to compete with the larger oil companies, and it has become necessary for the independents to provide secondary services to break even. He cited several stations within Campbell that have secondary uses (Delta Queen Car Wash, Martin Oil Company, Texaco Station, etc.). -8- An adjacent property owner appeared before the Commission to state that he had no objection to 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. 1994 Commissioner Kotowski moved that the Planning Commission adopt Resolution No. 1994 denying the application of Mr. Warren Jacobsen for a use permit and approval of plans and elevations to convert an existing service station building into a retail sales building while retaining the service bays for the sale of gasoline on property known as 1387 Camden Avenue since it is felt that the use of 975 square feet of the building to sell clothing is not incidental to the service station use and it has been the past policy of the Planning Commission and the City Council to not allow expansion of uses which are not related to the primary use. This motion was seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Fairbanks NOES: Commissioners: Kasolas ABSENT: Commissioners: Dickson Chairman Kasolas then advised the applicant of the appeal procedure of the decision of the Planning Commission. *** UP 81-07 This is the time and place for a public hearing Sternberg, K. to consider the application of Mr. Kenneth Sternberg fora use permit to allow the sale of alcoholic beverages in an existing restaurant at property known as 1730 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Mr. Kee explained that the applicant is applying for a use permit to serve alcoholic beverages in connection with what used to be the "Royal Fork Restaurant". Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. Mr. Kent Kirkorian appeared before the Commission to speak on behalf of the applicant. He reported that the applicant plans to open a lunch and dinner house with a cocktail lounge. No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Pack, and unanimously adopted. -9- RESOLUTION NO. 1995 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1995 approving the application of Mr. Kenneth Sternberg for a use permit to allow the sale of alcoholic beverages in an existing restaurant at property known as 1730 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District, seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Dickson *** MISCELLANEOUS UP 80-10 Application of Mr. Carl Franklin for an approval Franklin, C. of revised plans and elevations to allow con- struction of five townhomes on property known as 1201 W. Parr Avenue in a P-D (Low-Medium Density Residential) Zoning District. Commissioner Meyer reported that the applicant met with the Site and Architectural Review Committee this morning, and the Committee is recommending approval subject to a change in Condition No. 3 which would include that the landscape plan come back to the Committee for approval. Commissioner Kotowski added that this submittal of plans is a basic improvement to the originally submitted plans. He further noted that there has been a reduction of one unit from the originally approved plans. Commissioner Campos inquired if the Committee had discussed the Architectural Advisor's concerns. Commissioner Meyer responded that the Advisor's concerns had been discussed; there is concern with the long, narrow driveway. Much discussion then ensued regarding the long, narrow driveway and setbacks. Mr. Lon Mills, architect, appeared before the Commission to explain the new plans in detail. Mr. Kee once again stated Staff has recommended a continuance based on the information available, and primarily on the Architectural Advisor's comments. Chairman Kasolas then inquired if the Advisor had changed his opinion at this morning's Site meeting. Corranissioner Meyer reported that the Advisor had not changed his mind. -10- Commissioner Pack did not feel that the comments of the Architectural Advisor were clarified enough to make a judgment on his recommendation, and she felt that the setback difference of only 1' would not be sufficient enough to warrant denial of this application. She also stated that the change in density from six units, as originally proposed, to five units is certainly a positive effect to the development. Commissioner Campos stated that he is opposed to approval of this project since he felt further clarification from the Architectural Advisor is in order, and he again expressed concern about the long, narrow driveway which has been a concern of the Commission and the Council in the past. RESOLUTION N0. 1996 Commissioner Pack moved that the Planning Commission approve the application of Mr. Carl Franklin for revised plans and elevations to allow construction of five townhomes on property known as 1201 lJ. Parr Avenue in a P-D (Low-Medium Density Residential) Zoning District subject to the conditions listed in the Staff Comment Sheet with the added condition that the landscape plan is to come back to the Site and Architectural Review Committee for approval. This motion was seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Meyer, Fairbanks, Kasolas NOES: Commissioners: Campos ABSE~dT: Commissioners: Dickson *** Conditional Exception Proposed Tentative Parcel Map for Lands of Parashis, located at 1520 and 1532 Van Dusen Lane in an R-1 (Single Family) Zoning District. Mr. Kee reported that the applicant is requesting approval of a conditional exception to the subdivision ordinance which would allow the subdivision of two existing lots into three parcels. Due to the shape of the property, it is not possible to provide a minimum average width of 60 feet for each of the proposed parcels, as required by the ordinance. All of the proposed lots do, however, exceed the 6,000 square foot minimum lot size. As the Commission is aware, the City Council has established a policy for development in the San Tomas area. Staff questions whether lots which are 200 or 300 square feet larger than the minimum lot size are consistent with the policy encouraging "larger than minimum lot size." In addition, it should be noted that this property lies within the West Valley Transportation corridor. The Campbell Circulation Element of the General Plan indicates a future freeway in this area. He further noted that the City is not in a position to reserve property for future State freeway right of way. Commissioner Pack stated she did not feel any particular area of the City should be required to have larger than the minimum lot size than any other area within the City. Commissioner Kotowski agreed on this point. Mr. Harry Parashis, applicant and owner of the property, appeared before the Commission to explain that there is an existing single-family dwelling on the site, and it is planned to remove this old structure and build three new single-family dwellings. He reported that there are several parcels of land in the area that do not meet the minimum lot size requirements, and pointed them out to the Commission on the overhead projected mylar. Motion Commissioner Pack then moved that the Planning Commission approve the subject conditional exception since the lot sizes are larger than the 6,000 square foot minimum, and the policy regarding the development of the San :Tomas area does not indicate specifically how much larger lots should be than the minimum required. This motion was seconded by Commissioner Meyer. Commissioner Kotowski felt the issue of right of way for State purposes should be resolved prior to approving this parcel map. Vote on P1bti on This vote was tied, 3-3-0. Commissioner Meyer then moved that this conditional exception be continued to the Planning Commission meeting of April 21, 1981 in order that a full Commission could be present. This motion was seconded by Conmissiorter Kotowski and unanimously adopted. It was then asked of Staff if additional information could be provided regarding the surrounding area. Mr. Kee stated that Staff would provide additional information at the next meeting. PM 81-03 Proposed tentative parcel map and request for Grattan, L. a conditional exception; Lands of Lowell Grattan located at 1136 Steinway Avenue in an R-1 (Single-family) Zoning District. Commissioner Meyer moved that the Planning Commission approve the subject parcel map subject to the conditions listed in the Staff Comment Sheet, seconded by Commissioner Fairbanks and unanimously adopted. *** S 80-6 Application of Mr. Tony Zangara for minor Zangara, T. modification to an existing warehouse/industrial Minor Modification building to allow the construction of office/ storage space on property known as 1150 Dell Avenue in an P~-1-S (Light Industrial) Zoning District. -12- Commissioner Meyer reported that the applicant met with the Site and Architectural Review Committee this morning, and the Committee is recommending approval of this minor modification. She noted that the applicant has added 16 parking spaces, and all storage area will be moved to the back of the site. Commissioner Meyer then moved that the Planning Commission approve the minor modification to S 80-6 subject to the conditions attached to the Staff Comment Sheet, seconded by Commissioner Pack and unanimously adopted. f ~7 OTHER ITEMS At this time, Ms. Joan t~lildermann of 236 N. First Street appeared before the Commission to express her objection to the project constructed at the rear of her property. She noted that the windows of the new development overlook her yard, and she did not receive any notice prior to this project being constructed. Mr. Kee responded that since this project was- considered by the Site Approval Committee and because of the zoning of the parcel, it was not necessary to hold a public hearing on the project nor notify property owners within a 300' radius. He noted, however, that a notice was published in the local newspaper as required by law. Ms. Wildermann noted that he has a petition objecting to the manner of notifying adjacent property owners of condominium developments. P1r. Kee stated that she could submit the petition to the Planning Office along with a cover letter; it could then be placed on the Commission's next agenda for discussion. If desired, she could ask of the Commission that this area be reviewed for possible change of zoning. Commissioner Fairbanks felt this concern should be forwarded on to the Council. Ms. Ann Roseberg, 236 N. First Street, also spoke against two-story developments constructed adjacent to single-story, single-family units, noting the window problem. Mr. Walter Summer, 186 N. First St. appeared to express concern about the maintenance of such condominium developments stating he felt there should be a minimum of 20 units in each development. *** Historic Preservation Committee Members Per. Kee stated that at the Study Session held on April 6 by the Council, the Civic Improvement Commission, the Planning Commission and the Historic Preservation Board, it was determined that a Committee would be established -~ to review the Historic Preservation program in the City. ~--/ THE FOLLOWING WAS INADVERTENTLY OMITTED FROM THE,MINUTES: S 79-53 Request for reinstatement of application -13- The Chair then asked for volunteers for this Committeelttee. Commissioner Pack then volunteered to sit on this Comm ton the Committee. The Chair then asked Commissioner Campos if he could si Commissioner Campos agreed to be a committee member. *** s of the Commission that two formal referrals be sent to It was the consa~~ing the following: the Council reg Clarification of the San Toma~haneminimumopotnsipelshould 1' how much larger specifically lots be within the San Tomas Area. owners regarding condominium 2, Noticing to property developments being constructed in areaubl~ chhearing p_p zones, which wouldoWnersewithinaap300' radius. and noticing property *** ADJOURNMENT Commissioner Meyer moved tCommissioner,ng be adjouanddunanimousaybadJourned. Campos, The meeting adjourned at 10:44 p.m• APPROVED: Geor e C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Jeannine WSecretary Recording