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PC Min 11/18/1980PLANNING C0~1PiISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES NOVEMBER 18, 1980 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, Dickson, P~eyer, Kasolas, Kotowski, Fairbanks, Chairman Campos; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. P,obert Dempster, Recording Secretary Jeannine 4Jade. Absent None. ;APPROVAL OF r1INUTES November 4, 1980 Commissioner Dickson noted he had two corrections to the minutes: (1) On Page 2, under PD 78-19, Brondon Corporation, he noted the reason for continuing this item was not because it is in a P-D Zoning District, but because it has been the policy of the Commission in the past to allow for only a 1-year extension the time period since it had been approved has been longer than 2 years, and (2) on Page 5, fifth paragraph, Commissioner Dickson explained he felt the applicant was using the P-D Zoning for approval of a variance to allow a lesser building separation than would be allowed in an R-2-S district. Commissioner Kasolas then moved that the minutes be approved as corrected, seconded by Commissioner Meyer and unanimously adopted. *** COME1UN ICATIONS Per. Kee reported that communications received relate to specific items on the agenda and would be considered at that time. Mr. Kee then introduced the new Planner Also noting that the recently appointed audience. I, Marty ~rloodworth, to the Commission. Planner I, Tim Haley, was seated in the *** CONSENT CALENDAR Commissioner Kasolas requested that Item No. 2 be removed from the Consent Calendar since this had been before the Site and Architectural Review Committee this morning. ;~ Z -2- S 79-43 Request of P•1r. Jerry Shrum for an extension of plan Shrum, J. approval for 356 E. Hamilton Avenue. Commissioner Meyer then moved that S 79-43 be approved subject to the recommendation in the Staff Comment Sheet, seconded by Commissioner Pack and unanimously adopted. S 80-11 Request of Mr. Robert J. Zipse for approval of landscape Zipse, R. plans for property known as 100 Cristich Lane. Mr. Kee reported that a communication had been received from Mr. Zipse about this item. Recording Secretary 4Jade read into the record a letter from P1r. Robert J. Zipse requesting a continuance of this item to the next meeting. Commissioner Kasolas reported that Mr. Zipse had met with the Site and Architectual Review Committee this morning. He noted that Per. Zipse had not complied with his landscaping plans as approved. It was noted that instead of the planned land- scaping, planter boxes had been placed in front of the building, with no irrigation system. He noted that the Committee recommended denial of this application at this morning's meeting since the applicant had not complied with the approved plans. After discussion regarding either denying this application this evening or continuing it to the next meeting as requested by the applicant, Commissioner Dickson moved that the Planning Commission continue S 80-11, approval of landscaping plans, to the meeting of December 2, 1980. This motion was seconded by Commissioner Kasolas and unanimously adopted. *** ARCHITECTURAL APPROVALS S 80-22 Continued application of Citti Florist for approval of Citti Florist plans and elevations to allow construction of an office and retail building on property known as 1603 S. Bascom Avenue in a C-2-S (Commercial) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning. He noted that the Committee is recommending approval of this project, however the Committee felt that since this is one of the busiest intersections in not only Campbell but also the 4Jest Valley, it is recommended that Condition No. 3 be revised to read that the landscaping plan should come back before the Planning Commission. Commissioner Pack noted that she originally had concerns about this corner, however after looking at the plans and talking with the architect she feels comfortable with the plans as presented. Commissioner Pack then moved that S 80-22 be approved subject to the Conditions of Approval attached to the Staff Comment Sheet, with Condition No. 3 revised to read "... for approval of the Planning Commission prior. ." This motion was seconded by Commissioner Meyer and unanimously adopted. A copy of the Conditions of Approval are attached hereto and made a part of these minutes. *** -3- S 80-25 Application of Mr. Jeff Fleming for approval of plans Fleming, J. and elevations to allow construction of 6 condominium units on property known as 1444 41. Latimer Avenue in an R-2-S (Pultiple Family/Piedium Density Residential) Zoning District. Commissioner Kasolas reported that the applicant met with the Site and Architectural Review Committee this morning and requested a continuance of this application to the next meeting. Commissioner Dickson asked that when this item comes before the Commission again that the uses of the surrounding properties be available. Commissioner Meyer then moved that the Planning Commission continue S 80-25 to the meeting of December 2, 1980, seconded by Commissioner Pack and unanimously adopted. S 80-26 Application of Mr. Frank De Moss on behalf of Piatrix Matrix Properties Properties, Inc. for approval of plans and elevations to construct an office building and 24 condominium residential units on property known as 2135 & 2155 S. Bascom Avenue in a C-2-S (Commercial) and R-3-S (Multiple Family/High Density Residential) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning. The Committee is recommending approval with a recommended change of Condition No. 2 to include: "Outside treatment of both the office and the residential building units to the rear be reviewed by the Site and Architectural Review Committee or Planning Commission with respect to some continuity and homogenity." Commissioner Fairbanks commented that many of the developments in Campbell (not specifically speaking about this one) have not been designed to accommodate children; and many do not have the adaptability for handicapped persons. Commissioner Kasolas then moved that S 80-26 be approved subject to the Conditions of Approval attached to the Staff Comment Sheet with the following wording to be included in Condition No. 2: "Outside treatment of both the office and the residential building units to the rear be reviewed by the Site and Architectural Review Committee with respect to some continuity and homogenity." This motion was seconded by Commissioner Pleyer and unanimously adopted. Commissioner Dickson inquired at this time if the approval of this application also approved the request of the applicant for an 18-month time period of approval. A copy of the applicant's letter, dated November 7, 1980, is attached hereto and made a part of these minutes. Mr. Kee stated that approvals for Site usually were for a one-year period and that would be the length of approval of this project. He noted that this letter is for information only. He further noted that the applicant could come in for an extension of time should he need one. *** - 4- PD 80-02 Consideration of revised site plans for construction Babet Financial of 163 condominium units and to develop an existing Corporation school building as professional offices on known as 51 E. Campbell Avenue in a P-D (Plannedrty Development/Professional Office and High Density Residential) Zoning District. Commissioner Kasolas reported that representatives of the applicant had met with the Site and Architectural Review Committee this morning. He noted the Committee is recommending approval as stated in the Staff Comment Sheet with the added wording to Condition No. 3 for approval of the Planning Commission" in order that the landscaping plan can come back for the Commission's approval. At this time Commissioner Pack announced that she will be leaving the Council Chambers during consideration of this item due to a possible conflict of interest. Commissioner Pack left the Chambers at 8:18 p.m. Commissioner Fairbanks noted that there are two units for the handicapped within this project. She then expressed concern about the compatibility of the two structures; she understands that the roofing materials will be different, but will be compatible. She felt the landscaping will help make these two uses more harmonious. She feels the grammar school should be preserved, however she does have concerns. Mr. Kee noted that the modifications to the site plan submitted include reduction of one unit and five parking spaces overall. He further noted, however, that these plans are still within the recommendations of the Architectural Advisor, Planning Staff, Traffic Engineer, Building Department and Fire Department. Commissioner Kotowski inquired of Engineering Manager Helms if he had any problems with Third Street as proposed. Engineering Manager Helms stated that the concerns of the staff and Council have been resolved. After further discussion, Commissioner Kasolas moved that the Planning Commission approve the revised site plan for PD 80-02, with revised wording to Condition No. 3 to include that the Landscaping Plan is to come back to the full Planning Commission. This motion was seconded by Commissioner Kotowski, and adopted with Commissioner Dickson voting "no." Commissioner Dickson stated that he voted "no" on this motion since he felt more parking is needed for this project. Mr, Kee then cited the Civic Improvement Commission's memorandum of November 1, 1980 reaffirming its support of this project. A copy of this memo is attached hereto and made a part of this record. Commissioner Pack re-entered the Council Chambers at 8:31 p.m. *** -5- PUBLIC HEARINGS PD 80-06 This is the time and place fora continued public Calvary Temple, Inc. hearing to consider the application of Rev. Lloyd Hastings on behalf of Calvary Temple, Inc., for a planned development permit and approval of plans, elevations and development schedule to construct a day-care center and assembly hall on property known as 202 Railway Avenue in a P-D (Planned Development/Industrial) Zoning District. Commissioner Kasolas reported that the Site and Architectural Review Committee is recommending approval of this application subject to revised wording of Condition No. 8 which would read "Provide a minimum 6-foot sound barrier wall between proposed building and existing building (church} to be approved by the Planning Director." Commissioner Fairbanks left the Council Chambers at 8:34 p.m. Commissioner Kasolas further reported that the applicants have volunteered to change the gabled roof to a hip roof fora softer looking building which resolves some of the concerns of the Architectural Advisor. He noted they would submit revised plans indicating a change. He noted once again that the Committee is recommending approval. Commissioner Fairbanks re-entered the Council Chambers at 8:37 p.m. Chairman Campos noted that there were several communications received regarding this application that had been previously distributed to the Planning Commission. Copies of these communications are located in the Planning Department file as permanent record. Chairman Campos then opened the public hearing and invited anyone to speak for or against this item. Mr. IJilliam F. Jennings of 219 Dillon expressed his opposition to this project, noting he had submitted letters to the Commission which included a letter from his doctor. He stated his main objective was the noise that a~ould generate from the children when playing outside. He lives directly in back of the proposed project. P1r. Joe McGregor of 213 Dillon Avenue also expressed opposition to this project because of the noise factor, and wondered how the applicant would deter cars from knocking down the fence in the side area. Commissioner Kasolas explained that there would be landscaping on both side of the project. Reverend Hastings, applicant, appeared before the Commission to explain that there would probably not be more than 10 children outside at any given time. He noted this pre-school would be open to the public. He noted the hours would probably be from 7 or 8 a.m. to 5 or 6 p.m., P~onday through Friday. He noted the school could accommodate approximately 5.3 pre-school children, and once again assured the Commission that there would not be more than 10 children outside at any given time. Per. Jennings inquired why the location of the play area was designed directly in back of his backyard. -6- Reverend Hastings explained that was the only logical area, since the only other area available will be used for parking; the parking could not be located between the two buildings. Commissioners Fairbanks and Dickson both expressed to Mr. Jennings that they understood his feelings, however noting that this project does meet all the requirements of the City and a sound wall has been proposed to separate this development from his property. No one else wishing to speak, Commissioner Kasolas moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1946 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1946 recommending that the City Council approve the application of Rev. Lloyd Hastings on behalf of Calvary Temple, Inc. for a planned development permit and approval of plans, elevations and development schedule to construct a day-care center and assembly hall on property known as 202 Railway Avenue in a P-D (Planned Development/Industrial) Zoning District subject to the conditions of approval attached to the Staff Comment Sheet with revised wording for Condition No. 8 to read "Provide a minimum 6-foot sound barrier wall between proposed building and existing building (church) to be approved by the Planning Director." This motion was seconded by Commissioner Kasolas and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Meyer, Kasolas, Kotowski, Fairbanks, Campos NOES: Commissioners: None ABSENT: Commissioners: None Per. Kee then noted that this application would be considered by the City Council and if anyone wished to address the Council they could call either the City Clerk's Office or the Planning Office to find out the date it will be considered. *** The Commission took a break at 9:05 p.m.; the meeting reconvened at 9:28 p.m. *** UP 80-27 This is the time and place for a continued public R.C. Smithson hearing to consider the application of R. G. Smithson, Inc., fora use permit and approval of plans and ele- vations to allow construction of two automobile related structures on property known as 2885 S. ~linchester Blvd. in an Interim (Commercial) Zoning District. -7- Mr. Kee reported that this application was continued from the Planning Commission meeting of November 4, 1980, in order to provide Staff with the time necessary to review the extent of the C-H (Highway Commercial) Zoning District and the nature of the developments that have taken place in this District. He noted the C-H Zoning District is limited to the westerly side of blinchester Boulevard between Sunnyoaks Avenue and Division Street. He then cited the attachments to the Staff Comment Sheet and explained each to the Commission. Approximately 41% of the C-H zoned area is currently used for automotive uses or has automotive uses approved. The areas which are likely to be developed or redeveloped include the vacant lands and the single-family residential lots. Combined, these two uses account for 32% of the area. P•1r. Kee then gave further background on this application explaining that at the last Site and Architectural Review Committee meeting, there was some discussion as to the nature of the proposed use. The application submitted by the applicant indicates that the uses will be "light industrial" and "miscellaneous automotive." 4lhile this site is in the Interim Zone and light industrial uses may be applied for, Staff is of the opinion that such uses are not consistent with the Land Use Element of the General Plan. 4lhile a light industrial use such as warehousing could be consistent with an automotive use, such as a showroom, Staff is concerned that other light industrial uses such as manufacturing would not be consistent with the General Plan. Staff is also concerned over the parking provided for this project if there is any other use other than automotive service approved for this site. The basis for this concern is the parking ratio, as provided, it is 1:339. This satisfied the ordinance requirement for automotive uses, but would not satisfy the requirement for speculative commercial or industrial. Finally he noted the Commission directed Staff to review the C-H and C-2-S sections of the Zoning Ordinance to determine if the C-2-S District would replace the C-H Districts. It is the staff's opinion that there is sufficient justification for removal of the C-H District for the following reasons: 1. The C-2-S District would permit similar uses, with more control by the Commission in some area. For example, an auto service center could be considered in the C-2-S District subject to approval of a Use Permit. In the C-H District however, a use permit is not required for this use. 2. The C-2-S District would allow more flexibility with regard to setbacks. The large front yard setback required in the C-H District is conducive to the development of parking areas in this front yard. 3. The five commercial zones which now exist in the Campbell area are, in Staff's opinion, repetitious. -8- Commissioner Pack inquired if there could be a restriction to this type of use as was done with service stations and liquor stores. Mr. Kee explained that in regard to service stations there had been a special "Outside Activity Ordinance" adopted; and in reference to liquor establish- ments, that is now handled with a use permit and it must be compatible with the area. Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. Mr. Jeff Splan, representing the owner, explained that he felt the uses proposed could be compatible with the area. He noted they propose to have an auto repair and body shop (not dismantling of vehicles), with warehouse use (storing of plumbing supplies) in the front portion of the site. He then inquired of Mr. Kee what the timing would be on a zone change. Mr. Kee explained that the City Council would have to initiate any zone change; the Commission would be the recommending body. It could take as long as 6 months. No one else wishing to speak, Commissioner Kotowski moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. Commissioner Pack then inquired if there had been any comments from the neighbors. Mr. Kee stated that there had not. Commissioner Pack expressed her opposition to any further auto type establishments being allowed along Winchester Boulevard. She felt they should be limited in this area. RESOLUTION NO. 1947 Commissioner Fairbanks moved that the Planning Commission recommend denial of UP 80-27 based on the fact that there are already so many auto- type establishments along L•linchester Boulevard and it is felt that additional auto-oriented businesses are not warranted in this area, and that a recommendation be forwarded to the City Council which would establish C-2-S, General Commercial Zoning, in place of C-H (Highway Commercial) when the Interim Zone is lifted or expires. This motion was seconded by Commissioner Pack and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, ~•1eyer, Kasolas, Kotowski, Fairbanks, Campos NOES: Commissioners: None ABSENT: Commissioners: None Mr. Kee then advised the applicant of the procedure for appeal, noting that this will go on to the City Council for final action and he could call the Planning Office in the morning to find out the date it will be considered. *** -9- UP 80-29 This is the time and place fora public hearing to DuVon, G. consider the application of Mr. Gavor DuVon for a use Hermit and approval of plans and elevations to construct an addition to an existing residence on property known as 730 Buddlawn tray in an Interim (Low Density Residential) Zoning District. Mr. Kee reported that the applicant is proposing to construct an addition to an existing single family residence. The addition will be a second story to an existing garage. The garage will be converted into a living area and a new carport added. The proposal will add approximately 830 sq. ft. of living area. The proposed addition conforms to the 25 ft. front yard, and 10 ft. sideyard setback requirements. The proposal meets the parking requirements of one covered and one uncovered parking space. Normally this type of item would not be considered by the Commission, however, because it is within the Interim Zoning District it is being considered at this time. The Architectural Advisor is of the opinion that the site design is acceptable. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning. He explained that he found difficulty with interpretation of the Zoning Ordinance regarding covered parking. He noted that he would be in favor of a denial, since he felt the intent of the Ordinance was not to replace covered parking with an aluminum structure for the parking requirement (carport). Commissioner Fairbanks thought the Committee would be reporting to the Commission with no recommendation. She did feel that in this case the application should be approved since the applicant has complied with the Ordinance. Mr. Kee stated that Staff is recommending approval of this application. He noted the Code requires one covered and one uncovered parking space, it can be a carport or a structure. Consequently, over the years Staff has considered several conversions with carports on the rear portion of the lot. Staff's interpretation of the Code is it does not have to be a garage, it can be a carport, and it does not have to be attached. Commissioner Pack then inquired if there are any restrictions as to the type of material used. Mr. Kee responded that there are restrictions only to the extent that the carport or structure would need to meet the Building Code requirements. Commissioner Kasolas felt that the integrity of the R-1 neighborhood would be degraded allowing such carports; he noted that the R-1 district needs to be preserved. Commissioner Fairbanks inquired if any comments had been received from the surrounding neighbors. Mr. Kee responded that no comments had been received. Chairman Campos opened the public hearing and invited anyone in the audience to speak regarding this application. -lo- t1r. Nick Petropoulos of 737 Budd Avenue appeared to speak against this application. He is opposed to the second-story addition; he feels it is an invasion of privacy and also that the environment would be affected (air, light, etc.). He felt that should the property owner wish to expand, he add on to the existing structure without adding a second story. Commissioner Fairbanks inquired of Staff if any of the proposed windows face P~1r. Petropoulos' property. Mr. Stafford responded negatively. h1r. Terry Anderson of 767 Budd Avenue appeared to also speak against this proposed addition. No one else wishing to speak, Commissioner Kotowski moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1948 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1948 recommending denial of this application based on the fact that it is intended to construct a carport rather than a totally enclosed garage. This motion was seconded by Commissioner Pack. Discussion of Proposed Resolution Commissioner Pack noted thatshe is not opposed to the second story, but with the material proposed to be used for the carport. She preferred to see a fully enclosed garage in a strictly single-family residential neighborhood. Commissioner Kotowski spoke against the motion, noting he is quite familiar with the ordinance allowing the proposed parking. At this time City Attorney Dempster advised that the Commission would be imposing a requirement that no one else has to deal with. He again noted that once the Interim Zone is lifted, applications of this nature would not come before the Commission. VOTE ON RESOLUTION N0. 1948 AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Potion Pack, Dickson, Kasolas, Campos Meyer, Kotowski, Fairbanks None After considerable discussion, Commissioner Kasolas moved that the Planning Commission send a referral to the City Council inquiring as to whether or not the Council feels it is appropriate for the Planning Commission to further review the matter of additions to existing residences in total; of whether or not the Commission should look further into the issue when the garage becomes enclosed, should the garage be replaced with a like structure or something else; should the replacement be architecturally compatible with the existing structure and surrounding structures; should the subject of windows and elevations be addressed; with the intent not to be more government control, but the intent being to balance out the equities of the adjoining neighborhood -11- and property owners. This motion was seconded by Commissioner Pack. Discussion of Motion Commissioner Fairbanks spoke against this motion. She feels the Commission is an advisory body to the Council and would feel awkward in asking the Council if they would like the Commission to advise them on this matter. She would prefer that Staff respond to the Commission's concerns and come back to the Commission with a report. Adoption of Motion The above motion was adopted with Commissioners Fairbanks and Kotowski voting "no". At this time it was inquired of the City Attorney if the applicant could be reimbursed his application fee. The City Attorney responded that he was not aware of any procedure by which the applicant could be refunded his fee. *** MISCELLANEOUS Staff Report Alcohol distilling for fuel use. Mr. Kee reported that Staff received a memorandum from the Fire Department which raises some questions regarding the operation of alcohol stills in the City. At the present time, the Zoning Ordinance makes no reference to such stills; however, to date, the Staff has not received many requests for their installation. It is Staff's opinion that this matter should be deferred to a future study session, where it could be discussed in more detail and with a representative of the Fire Department in attendance. Commissioner Kasolas then moved that the Planning Commission include this subject as one of the items of discussion at a future study session, seconded by Commissioner Dickson and unanimously adopted. PD 78-19 Request of Brondon Corporation for reinstatement of the Brondon Corp. development schedule which would allow construction of a retail, professional office, and food and beverage complex on property known as 30 South Central Avenue (Wrinkled Prune Annex) in a P-D (Planned Development) Zoning District. Mr. Kee reported that the applicant is requesting approval of the reinstatement of the development schedule for PD 78-19 which allowed the development of a retail, professional office and food and beverage complex in the existing "crinkled Prune Annex. There has been some concern expressed in recent months regarding the concentration of "food and beverage" type uses in the downtown area. L~hen the Factory Shopping Center's application for a revised space utilization plan was -12- approved one of the conditions of approva' was that there be no expansion of the food and beverage uses. Staff is of the opinion that if this application __ is approved, a similar condition should be imposed. Since PD 78-19 was approved for this project, there have been no changes in the Land Use Element of the General Plan or Zoning for this property. Mr. Don Winchester, applicant, appeared before the Commission to ask that the Comission render a favorable decision on this matter. After discussion, Commissioner Dickson moved that the Planning Commission recommend that the City Council reinstate the development schedule for this project, subject to the following conditions: 1. There shall be no expansion of the existing food and beverage use (Bodega). 2. No additional food and beverage uses will be allowed on the property. 3. All conditions of approval of PD 78-19 still apply. This motion was seconded by Commissioner Kotowski and unanimously adopted. Condominium Draft Condominium Conversion Ordinance. Conversion Ordinance Commissioner Fairbanks expressed concern about the draft ordinance being very regulatory, and wondered if it had been determined whether or not the City wants a condominium conversion ordinance. Commissioner Pack stated she would like to see some direction and advice from the Building Department, since they will be directly involved no matter what the Commission decides upon. She also felt the Commission needed to see the pros and cons of converting; and the possibility of a new zoning district for condominium conversions. Commissioner Kasolas stated he felt the Commission needed to see the cause and effect of a Condominium Conversion Ordinance. It was the consensus of the Commission that Staff come back to the Commission at the next meeting (December 2, 1980) with a report on the cause and effect of an ordinance; information from other cities such as Fremont, 4Jalnut Creek, Sunnyvale, Mountain View and Los Gatos--do they prefer having an ordinance? l~lhat is a condominium conversion ordinance and why is it needed? *** Items Brought Up by Commissioners At this time Commissioner Dickson brought up the subject of the poor maintenance of the landscaping at the corner of binchester and Latimer (4Jinston Tire Company, UP 78-7, 1800 S. 4inchester Blvd.). -13- It was then moved by Commissioner Pack and seconded by Commissioner Dickson that staff investigate this problem and report back to the Commission at its meeting of December 16, 1980. This motion was unanimously adopted. *** After discussion initiated by Commissioner Kotowski, it was the consensus of the Commission that Staff investigate the display of A-frame signs along Campbell Avenue. City Attorney Dempster then introduced Lance Wyle, a new associate of h1r. Dempster's. He noted that there is a possibility that Lance will at some future date attend a meeting as Acting City Attorney. *** ADJOURNP~1ENT Commissioner Dickson moved that the meeting be adjourned, seconded by Commissioner P1eyer and unanimously adopted. The meeting adjourned at 11:10 a.m. APPROVED: Daniel Campos Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Jeannine Wade Recording Secretary