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PC Min 01/20/1981PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES JANUARY 20, 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, Fairbanks, Dickson, 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 None APPROVAL OF MINUTES January 6, 1981 Commissioner Campos moved that the minutes of the regular meeting of January 6, 1981 be approved as submitted, seconded by Commissioner Kotowski and adopted with Commissioner Fairbanks abstaining since she was not present at the meeting. COMMUTd I CAT I ON S Mr. Kee reported that communications received relate to specific items on the agenda and would be considered at that time. At this time the Commission discussed taking items on the agenda out of order. It was moved by Commissioner Pack, seconded by Corrnnissioner Kotowski and unani- mously adopted that the items on this evening's agenda be considered in the following order: 22, 1, 15, 2, 9 11, then items 3 thru the remaining items in order. *** Staff Report Report from the staff regarding the letter addressed to the Planning Commission from Ms. Margaret Estep, received December 17, 1980. Mr. Kee provided background information noting that on January 6, 1981 the Commission considered a letter from Ms. Margaret Estep, which cited certain problems associated with the Desperados Bar and Village Inn, which are located in the Rolling Hills Shopping Center. At that time, the Commission directed staff to prepare a report on this letter. While most of the letter indicates the nature of the problem, Ms. Estep makes reference to two topics which would involve the Planning Commission. First, there is a request that the City Council "revoke the use permit and put these people out of business." The second topic centers on Ms. Estep's concern over -2- the fact that the City does not have a Noise Ordinance. It should be noted that a use permit was not required for either business. It was not until August 25, 1980 that the Council adopted an ordinance re- quiring a use permit for new liquor establishments. The Commission is aware that the subject of a Noise Ordinance has been con- sidered on several occasions. To date, however, no ordinance has been adopted. When Ms. Estep's letter was considered by the City Council on December 22, 1980 the Council was advised that the review of the Noise Ordinance was inactive. Staff recommended that if the Council wished to reactivate this review, a directive to that effect be forwarded to the Planning Commission. The Council did not refer the subject of a Noise Ordinance back to the Commission. Chairman Kasolas queried City Attorney Dempster about what kind of action the Commission should take on this item. City Attorney Dempster noted that there is no use permit involved that could be revoked; he suggested that the 'Commission consider referring this item to either the Police Department or the City Council. Commissioner Pack reported that a number of people had contacted her regarding this situation over the past several years. She stated she would like to see something done about this problem. She felt perhaps the business license could be revoked. Commissioner Fairbanks inquired if possibly a zone change could be initiated to change the zoning of this corner from P-D to C-1-S making it a neighborhood commercial use which would preclude any use of bars in that neighborhood. h1r. Kee stated that in order to establish a C-1-S Zoning District for this area it would require hearings before the Planning Commission as well as the City Council. He noted that the Commission would need to recommend to the Council that the zoning be considered for change, and the Council would be the body to initiate proceedings. He then reported that the Interim zoning runs out in early February. PAr. Hale of 1190 Glenblair appeared before the Commission to explain his problems with the bars in this neighborhood. He felt that they should not be allowed to remain. Motion At this time Commissioner Fairbanks moved that the Planning Commission recommend to the City Council that proceedings for a zone change from P-D to C-1-S be initiated. This motion was seconded by Commissioner Pack. Discussion of Motion Commissioner Campos expressed concern about voting in favor of this motion. Commissioner Kotowski also expressed concern about voting in favor of this motion; he felt the effect of such a zone change should be investigated prior to initiation of any hearings. -3- This motion failed by the following roll call vote: AYES: Commissioners: Pack, Dickson, Fairbanks NOES: Commissioners: Kotowski, Campos, Meyer, Kasolas After further discussion Commissioner Dickson moved that the Planning Commission refer this item to the Police Department fora report, and that the report come back to the Commission within 30 days. This motion was seconded by Commissioner Campos and unanimously adopted. Ms. Estep then appeared before the Commission to elaborate on the problems as presented. *** ARCHITECTURAL APPROVALS S 80-28 Continued application of Mr. Robert Peepari for Peepari, R. approval of plans and elevations to allow construction of a 8,680 sq. ft. 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 had met with the Site and Architectural Review Committee this morning, and the Committee is recommending a continuance of this application to the Planning Commission meeting of February 3, in order that the applicant could submit revised plans. Commissioner Pack then moved that S 80-28 be continued to the Planning Commission meeting of February 3, 1981, seconded by Commissioner Kotowski and unanimously adopted. *** MISCELLANEOUS Referral Referral from the City Council regarding proposed from City developments in which existing structures are to Council remain. Mr. Kee reported that this item was continued from the Planning Commission meeting of January 6, 1981 in order that it could be discussed with the City Council at a study session which was held on January 13, 1981. At that study session, it was the staff's understanding that the consensus of the Commissioners present was to reaffirm their previous recommendation to the Council, after making any amendments that are deemed necessary. -4- Motion Commissioner Campos moved that the Planning Commission reaffirm its Resolution No. 1945 regarding development of property with existing structures. This motion was seconded by Commissioner Pack. Discussion of Motion Chairman Kasolas relinquished the Chair to Vice Chairman Meyer; he then stated he felt a better definition is needed. When he voted on the resolution ori- ginally, the wording did not clearly state the intent. Commissioner Fairbanks also spoke against this motion for the same reasons as voting "no" on the original resolution: (1) In cases like this, an R-1 type use is being tied to an R-1 zoning, when in fact this non-conforming use is now under a new zoning. The applicant or owner should be allowed that flexi- bility if that R-1 non-conforming existing residence can handle less and looks good with a lesser allotment; and (2) This particular allotment of at least 6,000 square feet is going to encourage demolition, and that should be avoided. Vote on Motion AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Dickson NOES: Commissioners: Fairbanks, Kasolas *** ARCHITECTURAL APPROVALS S 81-02 Application of P1r. Mike Curry for approval of plans Curry, M. and elevations to allow the relocation of one single- family residence to the rear of the .parcel and the construction of an additional single-family residence on property known as 214 N. Central Avenue in a R-M (Multiple Family Residential) Zoning District. Commissioner Meyer reported that the applicant had met with the Site and Architectural Review Committee this morning, and since the subject of proposed developments with existing structures is on this evening's agenda it was decided that this application would be referred to the full Commission after making a determination on policy. Mr. Kee reported that the applicant is proposing to move the existing 918 square foot home to the rear of the property and construct a new 1,064 square foot unit towards the front of the 7,000 square foot parcel. The project results in a density of 10.5 units per gross acre which is consistent with the General Plan's designation for this area of 6-13 units per gross acre. It should be noted that this project was originally approved by the Planning Director in June of 1977, and has since expired. Because of the long time lapse, and the changes in City policy during this period, this matter is now being presented to the Planning Commission for complete review as opposed to reinstating the proposal. -5- The site plan indicates that approximately 43% of the project will be landscaped. Building materials are indicated as stucco for the walls and a cedar shake roof. The applicant has provided 4 parking spaces in the form of a two-car garage attached to the new residence and two uncovered spaces. The proposed parking meets the requirement of 2 spaces per unit, one of which must be covered. The Architectural Advisor is of the opinion that the project is acceptable. He noted that staff is recommending approval of this application. Commissioner Fairbanks expressed concern about two parking spaces in front; she felt assurance should be obtained that these would be obscured by landscaping. Mr. Kee noted that the Commission could request that the landscape plan come back before the Site and Architectural Review Committee, the Commission or staff to resolve this concern. Commissioner Pack moved that S 81-02 be approved with deletion of Condition G, and that the landscape plan is to be approved by the Planning Director. This motion was seconded by Commissioner Dickson and unanimously adopted. *** The Commission took a break at 8:55 p.m.; the meeting reconvened at 9:15 p.m. *** PUBLIC HEARINGS GP 81-02 This is the time and place for a public hearing to Alley, R, consider the application of Mr.Richard Alley for an amendment to the General Plan to change the Land Use Element from Low Density Residential to Commercial for property known as 1231 W. Hacienda Avenue in an Interim Zoning District. Mr. Kee reported that the applicant is proposing an amendment to the Land Use Element of the General Plan from "Low Density Residential" to "Commercial" for the subject property. The site is presently being used for a single family residence. Land uses are shown on the Land Use Element of the General Plan for surrounding properties are as follows: NORTH: Low Density Residential SOUTH: Low Density Residential EAST: Low Density Residential WEST: Commercial Existing surrounding land uses are as follows: NORTH: Single Family Residential SOUTH: Single Family Residential EAST: Single Family Residential WEST: Rolling Hills Shopping Center -6- This site was considered for an amendment to the General Plan from "Low Density Residential" to "Low-~1edium Density Residential" under proceedings known as GP 79-5. The Commission recommended denial of this application, and the Council subsequently upheld the Commission's recommendation. He reported that staff is recommending denial of this application and the primary reason is that if approved, there would be limited ability to forestall th e expansion of commercial development to the east, along Hacienda Avenue, or to the north along San Tomas Aquino Road. In addition, both the Rolling Hills Shopping Center and San Tomas Shopping Center to the north have experienced difficulty in finding tenants in past years. An expansion of the commercial land use, as proposed in this application would, in staff's opinion, only compound this problem. Chairman Kasolas inquired about the widening or improvement of the intersection of Hacienda and San Tomas Aquino Road. Engineering Manager Helms stated that there are no plans to improve the intersection; however, ultimately it is hoped to widen Hacienda to a four- lane arterial. He noted that there is not sufficient traffic at this time to warrant four moving lanes of traffic. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. He also noted at this time that a letter had been received from Ms. Margaret Estep, dated January 16, in opposition to this application. A copy of this letter is attached hereto and made a part of these minutes. Mr. Richard Alley, 1226 Bracebridge (applicant), appeared before the Commission to speak in favor of this General Plan change. He felt this .use would be a good buffer between the Commercial and Residential uses. Mr. Edwin Morton of 1199 Hacienda Avenue appeared to speak against the application. He noted that Hacienda is used as a drag strip, and felt that a single-family residence would be a better buffer. Ms. Barbara Mondalvo of 1254 Maggio appeared to also speak against this use. She felt it should remain Low Density Residential. Mr. Byron Hale of 1190 Glenblair also spoke against this project, noting the high volume of traffic at the present time. Mr. Hale also submitted a letter, dated January 20, 1981 which is attached hereto and made a part of these minutes. The Principal of Westmont High School appeared on behalf of the property owner (Mr. Tersigni). He felt this project would be an attribute to the area -- it is planned to have such commercial uses as a veterinarian office, insurance office, and real estate office, and possibly other services that are not available to the immediate community. Mr. Robert Mondalvo , 1242 Maggio Court, appeared to express his concern about this possibly opening the door to allowing commercial zoning on the other corners of this intersection. -7- No one wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. RESOLUTION NO. 1963 Commissioner Fairbanks moved that the Planning Commission adopt Resolution No. 1963 recommending denial of GP 81-02 since it was felt that (1) San Tomas Aquino Road is a natural buffer between Residential and Commercial and the proposed use if changed to commercial would completely disrupt the General Plan, and (2) the proposed use would not be compatible with the existing development. This motion was seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Dickson, Fairbanks NOES: Commissioners: Kasolas ABSENT: Commissioners: None *** At this time discussion ensued regarding consideration of changing the General Plan and reviewing certain areas within the San Tomas area. Mr. Kee noted that Item No. 11 of this evening's agenda encompasses the entire Land Use Element of the General Plan in Campbell. He noted that any area could be discussed under that item. GP 81-04 This is the time and place for a City-initiated public City-initiated hearing to consider the Land Use Element of the General Plan. Mr. Kee explained that staff is recommending a continuance of this item in order that all of the existing land use policies can be incorporated, and that the map could be presented at the February 3 meeting. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Byron Hale, 1190 Glenblair, appeared to request that the density in the area surrounding his property not be increased. If anything, he would prefer to see down zoning in the area. Ms. Estep of 1320A Hacienda Avenue appeared to speak in favor of retaining the "rural atmosphere" of the area. No one else wishing tp speak, Commissioner Pack moved that GP 81-0~ be~continued to the Planning Commission meeting of February 3, 1981, seconded by Commissioner Kotowski and unanimously adopted. *** -8- PD 80-08 This is the time and place for a continued public DuVon, G. hearing to consider the application of Mr. Gabor DuVon for a planned development permit and approval of plans, elevations and development schedule to allow construction of 8 townhomes on property known as 147 and 161 N. Central Avenue in a P-D (Planned Development/Office and Low-Medium Density Residential) Zoning District. Commissioner Meyer reported that the applicant had met with the Site and Architectural Review Committee this morning, and the Committee is recommending approval subject to the landscaping and fencing plans coming back to the Site Committee for approval. Mr. Kee reported that the applicant is proposing to construct 8 townhomes on properties located at 161 and 147 N. Central Avenue. The site is presently developed with two older dwellings which are both on the Campbell Historic Survey Master List. It has been determined by the Historic Preservation Board that the structures do not warrant designation as an historic lan mark. Mr. Kee then noted that staff is recommending approval of this application. Discussion then ensued regarding window treatment and setbacks. Chairman Kasolas then opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Chris Metcalf, property owner, appeared before the Commission to respond to any questions. Commissioner Campos inquired if there had been any comments received from neighbors. Mr. Metcalf responded negatively. No one else wishing to speak, Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1964 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1964 recommending that the City Council approve PD 80-8, since it is proposed to be developed near the middle of the density range. This motion was seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Dickson, Kasolas NOES: Commissioners: Fairbanks ABSENT: Commissioners: None Commissioner Fairbanks noted for the record that her reason for voting "no" is that she has some concern about demolishing the structure on the site at 147 N. Central. *** -9- ZC 81-01 This is the time and place for a public hearing to Stokes, G. consider the application of Mr. Gary Stokes on behalf of Cal-Com Leasing and Development, Inc. fora zone change from R-M (Multiple Family Residential) to P-D (Planned Development) and approval of plans, elevations and development schedule to construct 13 townhomes on property known as 55 and 79 Redding Road in a R-ht (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 sub- ject to revised site plans being submitted to the Planning Staff for approval. Mr. Kee reported that 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 item. Mr. Lon Mills, architect, appeared before the Commission to respond to any questions they might have. No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1965 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1965 recommending approval of a zone change from R-M to P-D for property known as 55 and 79 Redding Road. This motion was seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Kasolas NOES: Commissioners: Dickson, Fairbanks ABSENT: Commissioners: None RESOLUTION N0. 1966 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1966 recommending approval of plans, elevations and development schedule to construct 13 townhomes on property known as 55 and 79 Redding Rd. with the added condition that revised plans are to be submitted to the Planning Staff for approval. This motion was seconded by Commissioner h1eyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Kasolas NOES: Commissioners: Dickson, Fairbanks ABSENT: Commissioners: None At this time Commissioners Dickson and Fairbanks stated that the reason for. voting "no" on this application is they feel the P-D zoning should not be used as a method of increasing the density for developments. *** -10- MISCELLANEOUS TS 80-20 Tentative Subdivision Map: Lands of Cal-Com Leasing. Cal-Com APN 413-23-44 & 45 (55 and 79 Redding Road). Leasing Mr. Kee reported that staff is recommending a continuance of this tentative subdivision map to the meeting of February 3, and the applicant is in agree- ment with this recommendation. Commissioner Meyer then moved that the Planning Commission continue TS 80-20 to its meeting of February 3, 1981, seconded by Commissioner Kotowski and adopted. PUBLIC HEARINGS ZC 81-02 This is the time and place fora continued public Stokes, G. hearing to consider the application of Mr. Gary Stokes on behalf of Cal-Com Leasing and Development, Inc. for a zone change from R-M (h1ultiple Family Residential) to P-D (Planned Development) and approval of plans, elevations and development schedule to allow construction of 10 townhomes on property known as 72, 76, 112 and 114 Shelley Avenue in an R-M (Multiple Family Residential) Zoning District. Commissioner Meyer reported that the applicant had met with the Site and Architectural Review Committee and the Committee is recommending approval of this application. Mr. Lon Mills appeared before the Commission once again to respond to any questions the Commission might have. No one else a~ishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1967 Commissioner Meyer moved that the Planning Commission adopt Resolution No: 1967 recommending approval of a zone change from R-M (Multiple Family Residential) to P-D (Planned Development) for property known as 72, 76, 112 and 114 Shelley Avenue. This motion was seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: None -11- RESOLUTION h0. 1968 Commissioner Meyer moved that the Planning Commission adopt Resolution No. 1968 recommending approval of plans, elevations and development schedule for con- struction of 10 townhomes on property known as 72, 76, 112 and 114 Shelley Avenue. This motion was seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: None Commissioner Dickson stated the reason for his "no" vote is once again the fact that the P-D Zoning should not be used to allow an increase in density. *** MISCELLAPJEOUS TS $0-19 Tentative Subdivision Map: Lands of Cal-Com Leasing. Cal-Com APN 413-25-082, 102 & 103 (72, 76, 112 & 114 Shelley). Leasing Commissioner Pack moved that TS 80-19 be approved subject to the conditions listed in the Staff Comment Sheet, seconded by Commissioner Pleyer and adopted with Commissioner Dickson voting "no". *** The Commission took a break at 10:50 p.m.; the meeting reconvened at 11:10 p.m. *** PUBLIC HEARINGS GP 81-01 This is the time and place fora public hearing to Vasona consider the application of Vasona Associates, Inc. Associates for a General Plan amendment to change the Land Use Element from Industrial to Low-Medium Density Residential (6-13 units per gross acre) for property known as 535 Page Street. Mr. Kee explained that the applicant is proposing an amendment to the Land Use Element of the General Plan from "Industrial" to "Low-Medium Density Residential" for the subject property. This site was formerly occupied by the Nelson Brothers Trucking firm. At the present time the site is being used by Farnham Demolition and Pool, Patio and Things. At the present time, the Land Use Element indicates the following uses for the surrounding properties: NORTH: Low Density Residential SOUTH: Low-Medium Density Residential and/or Industrial EAST: Low Density Residential WEST: (across S.P. railroad tracks) Industrial -12- The present surrounding land uses are as follows: NORTH: Single Family Residential SOUTH: Single Family Residential EAST: Single Family Residential WEST: Industrial The Land Use Element of the General Plan which was in effect in 1971 indicated "Low-Medium Density Residential" for the subject property. This was changed to "Industrial" in 1974, because the use of the property as a trucking terminal was not seen as a short term use, and recently adopted state law required con- sistency between the General Plan and Zoning Ordinance. The site of this proposed amendment consists of 65,447 gross square feet (or 1.62 gross acres of land). If this application is approved, the maximum number of units that could be constructed is 21. The applicant has submitted a conceptual plan to show how this site could accommodate the maximum of 20 units. Staff is recommending approval of this amendment. It should be noted, however, that staff's recommendation for approval of this amendment to the Land Use Element in no way constitutes a recommendation of approval for the maximum number of units. Chairman Kasolas noted a communication which had been received regarding this application. Recording Secretary Wade read into the record a letter from Robert and Wanda Bell of 63 Page Street speaking to traffic problems in the area. Chairman Kasolas then opened the public hearing and invited anyone in the audience to speak for or against this project. Mr. Jerry deSalvo, representing the applicant, appeared to speak in favor of this project. No one else wishing to speak, Commissioner Neyer moved that the public hearin g be closed, seconded by Commissioner Kotowski and unanimously adopted. RESOLUTION N0. 1969 Commissioner Kotowski moved that the Planning Commission adopt Resolution No. 1969 recommending approval of a General Plan Amendment to change the Land Use Element from Industrial to Low-tedium Density Residential for property known as 535 Page Street. This motion was seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Dickson, Kasolas NOES: Commissioners: Fairbanks ABSENT: Commissioners: None *** -13- GP 81-03 This is the time and puce for a public hearing to Colen, S. consider the application of Mr. Steve Colen for a General Plan amendment to change the Land Use Element from Low Density Residential (less than 6 units per gross acre) to Medium Density Residential (14-20 units per gross acre) or Professional Office for property known as 440 and 456 Llewellyn Avenue. Mr. Philip Stafford, Principal Planner, reported that the applicant is proposing an amendment to the Land Use Element of the General Plan from "Low Density Residential" to "Medium Density Residential or Professional Office" for the subject properties. These properties are presently being used for a garden nursery and single-family residences. Land uses shown on the Land Use Element of the General Plan for surrounding properties are as follows: NORTH: Commercial SOUTH: Public, Semi-Public EAST: Low Density Residential 41EST: Commercial Existing surrounding land uses are as follows: NORTH: Commercial (Gas station and commercial center) SOUTH: Church EAST: Single family homes 4JEST: Commercial (Jack-in-the-Box and Best Products) He noted, in staff's opinion, the proposed amendment is consistent with both the surrounding area and previous action by both the Planning Commission and City Council. Amulti-family land use is generally considered an appropriate buffer between commercial and single-family residential land uses. In addition, the proposed amendment would result in a similar land use pattern which was approved for the 4Jesley Manor senior citizens housing development, i.e., commercial as the major arterial, multi-family residential to the south, and public, semi-public to the south of that. Commissioner Pack inquired of t~ir. Helms if there were any foreseeable traffic problems. Engineering P~anager Helms responded negatively. Chairman Kasolas then opened the public hearing and invited anyone in the audience to speak for or against this application. P1r. Mark Stephenson, representing the applicant, noted that due to financial conditions at the present time the applicant would like to hold the option open of either going Medium Density Residential or Professional Office. No one else wishing to speak, Commissioner Kotowski moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. -14- No one else wishing to speak, Commissioner Kotowski moved that the .public hearing be closed, seconded by Commissioner P~eyer and unanimously adopted. RESOLUTION N0. 1970 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1970 recommending approval of GP 81-03 as set forth in the Staff Comment Sheet, seconded by Commissioner Kotowski and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: None *** PD 81-01 This is the time and place for a public hearing to Armann, K. consider the application of Per. Kjartan Armann for a planned development permit and approval of plans, elevations and development schedule to allow con- struction of an office and/or retail building on property known as 37 S. Fourth Street in a P-D (Planned Development/Commercial) Zoning District. 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. Mr. Kee reported that the applicant is proposing to construct a 3,650 square foot office and/or retail building on the .27 net acre site. The property is presently a vacant parking lot. The site plan indicates that approximately 10% of the project will be landscaped. Building materials are indicated as stucco (tan in color) for the walls and mission clay the (dark brown) for the mansard roof. The applicant is providing 19 parking spaces for the project (13 regular, 5 compact, 1 handicapped) which results in a parking ratio of 1:192. The Architectural Advisor is of the opinion that the project is of good design and is an improvement in the area. Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this project. No one wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner hleyer and unanimously adopted. RESOLUTION N0. 1971 Commissioner Meyer moved that the Planning Commission adopt Resolution No. 1971 recommending approval of PD 81-01 subject to the conditions attached to the Staff Comment Sheet, seconded by Commissioner Pack and unanimously adopted by the following roll call vote: ' -15- AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Dickson, Fairbanks, Kasolas NOES: Commissioners: None ABSEPJT: Commissioners: None *** UP 81-01 This is the time and place fora public hearing to Kruse, E. consider the application of Mr. Ervin Kruse for a use permit and approval of plans to establish an office building use on property known as 155 E. Campbell Avenue in a P-D (Planned Development/ Commercial) Zoning District. Commissioner Meyer reported that after meeting with the Site and Architectural Review Committee this morning, the applicant has requested a continuance to the meeting of February 17, 1981 in order that revised plans might be submitted. Per. Kee stated that staff is in concurrence with this recommendation. 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 Kotowski moved that UP 81-01 be continued to February 17, 1981 seconded by Commissioner Fairbanks and unanimously adopted. *** MISCELLANEOUS UP 80-5 Referral from the City Council concerning the application Carvalho, J. of Mr. John Carvalho for revised plans to construct a townhouse development on property known as 1075 Hacienda Avenue in an Interim (Low-Medium Density Residential) Zoning District. Per. Kee reported that the applicant submitted this application with a proposal to construct nine townhomes on this parcel. The Planning Commission considered the application at its meeting of April 1, 1980 and adopted Resolution No. 1886, recommending approval of the presented plans. The application was considered by the City Council on April 28, 1980 and action was deferred to the meeting of June 23, 1980 at the request of the applicant. At the June 23, 1980 City Council meeting the applicant advised the Council that he was revising his plans; there- fore, the application was referred back to the Planning Commission. At this time, the applicant has submitted revised plans proposing to construct ten townhomes on the 27,690 square foot site. The proposed project would be developed at a density of 10.53 units per gross acre; however, because of the significant street dedication along the Hacienda Avenue frontage, the relative density of the project is higher than is represented by the 10.53 figure. If the project was being developed under the R-M (Multiple Family Residential) Zoning District, the maximum density on this parcel would be nine units. -16- The revised plans do not indicate the required dedication of 45' from centerline along the Hacienda Avenue frontage. Additionally, staff expresses concern about the long driveway vista from the Hacienda frontage. The applicant has provided 25 parking spaces or 2.5 spaces per unit for the project. The number of stalls is adequate, however two of the proposed stalls are within the future street right-of-way. The Architectural Advisor is of the opinion that the building design is acceptable, however he recommends staggering units 3 and 4 to break up flat rear elevations. Mr. Roger Griffin, designer of the project and representative of the owner, appeared before the Commission to explain the revised plans submitted. He noted that access on the revised plans is much better, and the overall design is better in appearance and provides the City with the street widening of Hacienda Avenue. He noted the reason for asking for an additional unit is to help defray the cost of the participation in the street improvements. This allows the developer to arrive at a break-even point. He further noted that these will be homes rather than apartments. Commissioner Pack moved that UP 80-5 be approved subject to revised plans coming back to the Planning Staff showing parking stalls and 45' right-of-way dedication. This motion died for lack of a second. RESOLUTION N0. 1972 Commissioner Dickson moved that UP 80-5 be denied as presented (10 units) since it is located in an area designated by the City Council where larger lot sizes and lower densities are encouraged. This motion was seconded by Commissioner Kotowski. Discussion of Resolution No. 1972 Commissioner Pack spoke against this proposed denial since she felt this project is located on a portion of Hacienda Avenue which is wide enough to accommodate an increase in traffic. She also felt that this (San Tomas) area has been singled out for lower densities and other areas within Campbell are getting higher densities. Resolution No. 1972 was adapted by the following roll call vote: AYES: Commissioners: Kotowski, Campos, Meyer, Dickson, Fairbanks NOES: Commissioners: Pack, Kasolas ABSENT: Commissioners: None *** Tank Installation Request of Mello Petroleum Maintenance to install a Mello Petroleum fuel tank on property known as 520 4Jestchester Drive in an M-1-S (Industrial) Zoning District. -17- Mr. Kee reported that staff is recommending approval of this application subject to the applicant obtaining all necessary permits. Commissioner Meyer then reported that the applicant had met with the Site and Architectural Review Committee this morning and the Committee is also recommending approval of this installation. Commissioner Meyer then moved that the Planning Commission approve the request Mello Petroleum Maintenance to install a fuel tank on property known as 520 Westchester Drive in an M-1-S (Industrial) Zoning District, subject to the applicant acquiring any necessary approvals or permits from the Campbell Fire Department, and securing any necessary building permits for installation of tanks and fuel pumps. This motion was seconded by Commissioner Kotowski and unanimously adopted. *** TS 80-21 Tentative Subdivision Map: Lands of Errico and Lands of Errico Babet. APN 279-38-21 (51 E. Campbell Avenue). and Babet Mr. Kee reported that staff is recommending an additional condition of approval which would be that the property lines in relation to the buildings be removed between now and the time it would be considered by the City Council; he noted this would be similar to the Planning Commission taking action on site plans with minor changes to elevations. Commissioner Meyer then moved that the Planning Commission approve TS 80-21 subject to the conditions listed in the Staff Comment Sheet as well as the condition recommended by staff which would read "property lines in relation to the buildings be removed between now and the time the map is considered by the City Council." This motion was seconded by Commissioner Kotowski and adopted with Commissioner Dickson voting "no", since he feels sufficient parking has not been planned in this development, and Commissioner Pack abstaining due to a possible conflict of interest. *** TS 79-22 Request for an extension of approval on Tentative Lands of Subdivision Map: Lands of Damon Development. Damon Development APN 403-20-19 (2941-2960 Del Loma Drive). Commissioner Dickson moved that a one-year extension of approval be granted for TS 79-22 since that has been the past policy of the Commission, seconded by Commissioner Kotowski and unanimously adopted. UP 80-27 Referral from the City Council of the application of Smithson, R. R. G. Smithson, Inc., for a use permit and approval of plans and elevations to allow construction of two automobile related structures on property known as 2885 S. lJinchester Blvd. in an Interim (Commercial) Zoning District. -18- Commissioner Meyer reported that the applicant had met Hrith the Site and Architectural Review Committee this morning, and the Committee is recommending approval subject to the added condition that "Any .operable vehicles will be stored inside or to the back in a designated area." Mr. Kee reported that at its meeting of January 12, 1981 the City Council received a request from P1r. R. G. Smithson. to refer his app lication for a use permit back to the Planning Commission for consideration of revised plans. The applicant has submitted revised plans which indicate the construction of two structures with 6,360 square feet of retail use and 18,966 square feet of automotive uses. Building materials are indicated as predominantly concrete tilt-ups with slumpblock and ribbed metal roofing at entry points. The applicant has provided 86 parking stalls (64 standard, 20 compact, and 2 handicapped) for the project. The provided number of par!:ing spaces is consistent with past approvals of the Commission for retail & automotive uses. The Commission recommended denial of this application at its previous meeting of November 4, 1980. He further noted that the concerns expressed by the Commission at its previous meeting have been addressed by the submittal of these revised plans. Commissioner Campos expressed concern about ingress and egress and noise generated by this type of use. Mr. Kee stated that the new design speaks to those concerns. Commissioner Dickson expressed concern about the fencing. .Motion Commissioner Kotowski moved that the Planning Commission adopt a resolution approving the revised plans for UP 80-27 with the added Condition No. 13 as recommended by the Site and Architectural Review Committee. This motion was seconded by Commissioner Meyer and failed by.the following roll call vote: AYES: Commissioners: Pack, Kotowski, Meyer NOES: Commissioners: Campos, Dickson, Fairbanks, Kasolas ABSENT: Commissioners: None Motion Commissioner Dickson moved that the Planning Commission reaffirming its previous recommendation of denial of UP 80-27. This motion was seconded by Commissioner Campos and adopted by the following roll call vote: AYES: Commissioners: Campos, Dickson, Fairbanks, Kasolas NOES: Commissioners: Pack, Kotowski, h1eyer ABSENT: Commissioners: None ti... _., _ __ ., _ ._ At this time Mr. Smithson apprc?ched the podium and requested that he be allowed to speak on this item; he was confused by what had just taken place. Chairman Kasolas explained that the Commission had just taken action to -- reaffirm its recommendation of denial, and noted that should he be allowed to speak to this item the Commission would need to pass a motion for reconsideration of this application. Commissioner Pack then moved that the Planning Commission adopt a motion to reconsider UP 80-27 in order that Mr. Smithson might be able to speak on this item. This motion was seconded by Commissioner Kotowski and unanimously adopted. Mr. Smithson, owner of the property, spoke in favor of this project noting he had met with staff to try to resolve many of the concerns of the Commission. He explained that this property has been in a family trust as an investment fora long time, and they do not plan to sell it. He noted that he is now at a loss as to what to do with this property. He then thanked the Commission for letting him speak. Motion Commissioner Kotowski once again moved that the Planning Commission adopt a resolution recommending approval of UP 80-27. This motion was seconded by Commissioner Meyer and failed by the following roll call vote: AYES: Commissioners: Pack, Kotowski, ~!leyer NOES: Commissioners: Campos, Dickson, Fairbanks, Kasolas ABSENT: Commissioners: None ~1oti on Commissioner Dickson moved that the Planning Commission reaffirm its previous recommendation of denial of UP 80-27. This motion was seconded by Commissioner Campos and adopted by the following roll call vote: AYES: Commissioners: Campos., Dickson, Fairbanks, Kasolas NOES: Commissioners: Pack, Kotowski, Meyer ABSENT: Commissioners: None *** Staff Report Condominium Conversion Ordinance Commissioner Meyer moved that this item be continued to the February 3 meeting, due to the lateness of the hour, seconded by Commissioner Pack and unanimously adopted. -LU~ Appointments to Planning Commission for 1981. Chairman Kasolas announced that he would make this appointment at the February 3 meeting. nn ini ioninnrniT Commissioner Fairbanks moved that the meeting be adjourned, seconded by Commissioner Meyer and unanimously adopted. The meeting adjourned at 12:50 p.m. APPROVED: George C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Jeannine Wade Recording Secretary