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PC Min 09/02/1980PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES SEPTEMBER 2, 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 fJ. Central Avenue, Campbell, California. ROLL CALL Present Commissioners: Pack, Dickson, Meyer, Kotowski, Fairbanks; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, City Attorney J. Robert Dempster, Recording Secretary Jeannine blade. Absent Commissioner Kasolas, Chairman Campos, Engineering Manager Bill Helms. Commissioner Dickson announced that in the absence of the Chairman and Vice Chairman, he had been appointed as Acting Chairman for this evening's meeting. APPROVAL OF MINUTES August 19, 1980 Commissioner Fairbanks recollected having voted "no" on Resolution No. 1925; page 12 of the minutes. Comnissione r Fairbanks then moved that the Minutes of August 19~, 1980 be approved as corrected, seconded by Commissioner Meyer and adopted. *** COMt1UN I CATI ONS Mr. Kee reported that communications received relate to specific items on the agenda and would be discussed at that time. ** ARCHITECTURAL APPROVALS SA 80-36 Appeal of the decision of the Planning Director regarding California Canadian the application for new signs at the California Canadian Bank Bank, located at 94 South San Tomas Aquino Road, in a C-2-S Zoning District. Mr. Kee reported that a telephone request had been received from the applicant asking for a continuance of this item to the September 16 meeting. . Commissioner Meyer inquired if pictures could be provided at the next meeting ~"` along with some elevations. -2- Commissioner Pack also expressed a desire to see pictures of proposed and existing signs. Commissioner Pack then moved that SA 80-36 be continued to the Planning Commission meeting of September 16, 1980, seconded by Commissioner Meyer and unanimously adopted. ~** SA 80-37 Referral to the Planning Commission of the sign Bonanza Building application of Bonanza Building Center for property Center located at 1750 S. Bascom Avenue, in a C-2-S Zoning District. Commissioner Kotowski reported that the applicant had met with the Site and Architectural Review Committee this morning and discussed this application at length. He then stated that the Committee is recommending Item No. 2 under the Staff Recommendation portion of the Staff Comment Sheet, noting that the Committee is recommending that Signs 3 through 16 be removed within 90 days. Mr. Kee reported that staff would have no problem with the Committee's recommendation. He noted that there is anew owner of the building and that is the reason for the 90-day period to remove the existing signs. Commissioner Pack then moved that the Planning Commission approve the applicant's request for signing subject to the applicant's receiving architectural approval by the Planning Commission for the proposed modifications to the building, noting that the sign could be erected while obtaining site approval, and that signs 3 through 16 as outlined in the Staff Comment Sheet be removed within 90 days.. This motion was seconded by Commissioner Pleyer and unanimously adopted. S 79-25 Continued application of Mr. Donald C. Landberg and Landberg, D. Ruth & Going, Inc., for approval of plans to construct a parking structure and convert an apartment complex into condominiums on property known as 350 Budd Avenue in an R-3-S (Multiple Family/High Density Residential) Zoning District. Mr. Kee reported that this item had been continued in order that the City Council and Planning Commission could hold a joint study session on the subject of condominium conversions. He stated that this study session was held on August 20, 1980 and at that time the Council and Commission considered the draft ordinance that had been prepared by the Condominium Conversion Ordinance Committee. After reviewing this draft, and considering comments from interested parties, the Council indicated its intent to refer the draft ordinance back to the Planning Commission for further review. At its meeting of August 25, 1980, the Council took formal action to refer the draft back to the Commission. Staff is recommending that this item be continued for 60 days in order to allow time to prepare a revised draft ordinance for review by the Commission. - 3- Commissioner Pack then moved that S 79-25 be continued to the November 4, 1980 Planning Commission meeting, seconded by Commissioner Meyer and unanimously adopted. PUBLIC HEARINGS V 79-1 This is the time and place fora continued public hearing Landberg, C. to consider the application of Mr. Donald C. Landberg and Ruth & Going, Inc. , for a variance from Sections 21.48.020, 21.48.030, and 21.48.040 of the Campbell Municipal Code to allow construction of a parking structure on property known as 350 Budd Avenue in an R-3-S (Multiple Family/ High Density Residential) Zoning District. Mr. Kee stated that this item is directly related to the previous item on this evening's agenda, and staff is also recommending a 60-day continuance of this application. He further noted that the applicant is in agreement with the 60-day continuance as recommended. Acting Chairman Dickson opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak, Commissioner P~eyer moved that V 79-1 be continued to the November 4, 1980 Planning Commission meeting, seconded by Commissioner Pack and unanimously adopted. *** ZC 80-5 This is the time and place for a continued public hearing Lampe, J. to consider the application of Mr. James Lampe for: (1) a change of zoning from R-3-S (P) (Prezoned Multiple Family/High Density Residential) to P-D (P) (Prezoned Planned Development/High Density Residential); (2) approval of plans, elevations and development schedule to allow the construction of 41 condominium units on property known as 860, 876, and 906 Apricot Avenue; and (3) conversion of 45 existing apartment units on property known as 300 Union Avenue to condominium units. Mr. Kee reported that this application was continued from the Planning Commission meeting of August 5, 1980 pending a study session between the City Council and Planning Commission to consider a draft condominium conversion ordinance, and as the Commission is aware, this stuc(y session was held on August 20, 1980. Pursuant to the study session, staff received a letter from the applicant requesting that the application be withdrawn. It is staff's understanding that a new application is forthcoming. Acting Chairman Dickson opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to be heard, Commissioner Fairbanks moved that the public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. ..~,_ RESOLUTION N0. 1927 Commissioner Fairbanks moved that the Planning Commission adopt Resolution No. 1927 denying without prejudice the application of Mr. James Lampe, Z% 80-•:i ~, rena~^di ng property known as 860 , 876 , a; ~ ~ 9;~6 ~~,F, •i cat Avenue , and 300 Union Avenue, s~:nce ti:e applicant requested that his application be withdrawn. This motion was seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, P~eyer, Kotowski, Fairbanks, Dickson NOES: Commissioners: None ABSENT: Commissioners: Kasolas, Campos *** ZC 80-9 Continued public hearing to consider the application Kirkorian, K. of Mr. Kent Kirkorian for: (1) a zone change from R-2-S (Multiple Family/Medium Density Residential) to P-D (Planned Development/Medium Density Residential), and (2) approval of plans, elevations and development schedule to construct 18 townhouse units on property known as 252 and 268 W. Rincon Avenue.. Commissioner Kotowski reported that the applicant had met with the Site and Architectural Review Committee this morning, and in view of Staff's recommendation of denial because of problems not yet resolved by the submittal of revised plans (i.e., excessive coverage of lot and space between buildings), the Committee is recommending denial of this application as submitted. Mr. Kee reported that Staff had met with the applicant several times to discuss the concerns of the Committee and Staff. He noted that in the revised plan submittal, the applicant had decreased the number of units from 19 to 18; however, this did not resolve all of the problems. Commissioner Pack then expressed her concern about the number of units being developed along Rincon Avenue and possibly creating a traffic problem down the line. She noted that she would like to see this area developed at the low end of the density range. Acting Chairman Dickson then opened the public hearing and invited anyone to speak on this application. Mr. Kent Kirkorian, applicant, appeared before the Commission to state that he has put together this project within his construction budget, and requested that the Commission make a decision on this application this evening in order to avoid another continuance. PJo one else wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1928 Commissioner Pack then moved that the Planning Commission adopt Resolution No. 1928 recommending that the plans for ZC 80-9, 252 and 268 W. Rincon Avenue, be denied as pre- sented because of problems noted by the Site and Arch- itectural Review Committee and as stated in the Staff Comment Sheet, seconded by Commissioner Kotowski and adopted by the following roll call vote: -5- AYES: Commissioners: Pack, Meyer, Kotowski, Fairbanks, Dickson NOES: Commissioners: None ABSENT: Commissioners: Kasolas, Campos At this time Mr. Kee noted to the applicant that he had an appeal period of ten days during which he can appeal the decision of the Commission to the City Council. UP 80-20 This is the time and place for a public hearing to Mueller, S. consider the application of P4r. Spencer Mueller for a use permit and approval of plans to construct an addition to an existing single-family dwelling on property known as 85 S. Third Street in a P-D (Planned Development/Medium Density Residential) Zoning District. Mr. Kee announced that three letters had been received regarding this item. Recording Secretary Dade then read into the record three letters of protest on UP 80-20. Copies of these letters are attached hereto and made a part of this record. Commissioner Kotowski reported that the applicant had met with the Site and Architectural Review Committee this morning and the Committee is recommending denial of this application, primarily since this structure is constructed on a fence line. Acting Chairman Dickson then opened the public hearing and invited anyone in the audience to speak on this item. Mr. Spencer Mueller, applicant, appeared before the Commission to ask for approval of this use permit in order that the storage area could be retained. No one else wishing to speak on this item, Commissioner Kotowski moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1929 Commissioner Pack then moved that the Planning Commission adopt Resolution No. 1929 denying UP 80-20 as recommended by the Site and Architectural Review Committee and staff, seconded by Commissioner Pleyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kotowski, Fairbanks, Dickson NOES: Commissioners: None ABSENT: Commissioners: Kasolas, Campos Commissioner Fairbanks then inquired as to what the next step would be in the process of this application. Pir. Kee responded that Mr. Mueller would be notified by letter that his application has been denied and that he may appeal this decision to the City Council if he should so desire. We would then contact Mr. Mueller to have him remove the structure. *** -6- Acting Chairman Dickson then requested that Items No. 9 and 10 on this evening's agenda be considered next in order to move the meeting along. It was the con- sensus of the Commission that these items be considered next. MISCELLANEOUS TS 80-13 Tentative Subdivision Map: Lands of Tri-Alpha Builders, Lands of Tri- Inc. APN 403-36-93. Alpha Builders, Inc. Mr. Kee reported that at its regular meeting of August 5, 1980 the Planning Commission approved th e applicant's plans to construct 8 townhomes on property known as 1735 Bucknall Avenue in an R-1 (Single Family/Medium Density Residential) Zoning District. The applicant is now requesting approval of a map which would allow these units to be sold as townhomes. The General Plan indicates Medium Density Residential (between 14-20 units per gross acre) for this area. The approved plans would be developed at a density of 14.5 units per gross acre. Commissioner Meyer then moved that the Planning Commission find the proposed tract map to be in conformance with the General Plan, and recommend that the City Council approve this map subject to the conditions listed in the Staff Comment Sheet. This motion was seconded by Commissioner Kotowski and unani- mously adopted. *** TS 79-15 Request for extens Lands of Maslesa APN 279-40-29. Mr. Kee reported that at its regular meeting Commission approved the applicant's plans to on property known as 3595 S. Bascom Avenue. 1980 and was reinstated by the Commission on one year. ion of approval. Lands of Maslesa. of June 19, 1980 the Planning construct 52 condominium units This approval expired on June 19, June 10, 1980 fora period of At this time, the applicant is requesting that the approval of the associated tentative subdivision map be reinstated. At its regular meeting of September 4, 1979 the Commission recommended approval of this map subject to conditions in the Staff Comment Sheet. The City Council gave minute action approving this map on September 10, 1979. Consequently, approval of this map will expire on September 10, 1980. There have been no changes in the Land Use Element of the General Plan for this area. The approved plans would be in conformance with the High Density Residential density of 21 to 27 units per gross acre. Commissioner Kotowski then moved that the Commission recommend that the City Council reinstate approval of TS 79-15 for one year subject to the previous conditions of approval, seconded by Commissioner Meyer and unanimously adopted. *** - 7- The Commission took a break at 8:30 p.m.; the meeting reconvened at 8:50 p.m. *** PUBLIC HEARINGS UP 80-21 This is the time and place for a public hearing to Adult Independence consider the application of Ms. Susan Davidson on Development Center behalf of the Adult Independence Development Center for a use permit and approval of plans to modify an existing residential structure so that a Transitional Living Center may be established on property known as 306 St. Paul Drive in an R-1 (Single-Family Residential) Zoning District. Mr. Kee reported that the applicant is proposing to use an existing residential building on the referenced property for a Transitional Living Center. The nature and operation of this facility is described in the attachment to the Staff Comment Sheet. Basically, there would be a maximum of 5 physically handicapped persons on the premises at any one time. It is staff's understanding that most residents would be transported to and from the living center by the development center's van/bus. With this in mind, staff does not foresee any parking problem resulting from an approval of this use permit. The proposed Transitional Living Center is consistent with the City of Campbell's Housing Assistance Plan goal of "achieving decent housing for all persons, regard- less of age, income, race or ethnic background; achieving individual choice of tenure, housing type and location; and meeting the housing assistance needs of low-income households in the community." On April 28, 1980 the City Council adopted the attached Resolution No. 5798 which approved the allocation of $100,000 of HCD funds toward the acquisition of two dwelling units which are to be converted to Transitional Living Centers for physically disabled persons. Commissioner Kotowski reported that the applicant had met with the Site and Architectural Review Committee this morning; he noted the Committee is recommending approval of this application and is in concurrence with the Staff's recommendations. Mr. Bud Carney, the City's HCD Coordinator, appeared before the Commission to speak in favor of this project and to explain the City's participation in funding. He noted the AID Center had received approval for such a Transitional Living Center on Villarita Drive from the Planning Commission last month, hoviever the approvals were not obtained in sufficient time and the property was purchased by another party. He urged a favorable recommendation from the Commission on this application. Acting Chairman Dickson opened the public_hearing and invited anyone in the audience to speak on this item. Ms. Susan Davidson, applicant, appeared before the Commission to explain the program and use of the Transitional Living Center. Mrs. Robert Brydon of 1140 4Jest Latimer Avenue spoke against this location for the subject use, noting traffic and safety problems in this area. She stated that there are currently such types of uses in the area (the Montessori School and Campbell Retirement Inn) and felt that this project is another of that type - 8- of use, and should be located elsewhere in the City. She felt that the existing traffic and safety problems would only be detrimental to the subject site should it be approved for such a use. She then inquired if a rezoning would take place once the use permit is approved. Mr. Kee assured the speaker that no rezoning would take place should the use permit be approved for the site. Mr. Darwin Ernst of 1139 Springfield Drive appeared before the Commission to object to the changes to the neighborhood over the last few years. He felt there were already too many commercial uses (the Retirement Inn and the Montessori School). He also expressed concern about the traffic problems in the neighborhood. Mr. Joseph Relac of 276 Radford also expressed concern about the uses in the neighborhood which are other than single-family residential. Ms. Chris Pickett of 424 Memphis Drive also appeared to express her concern about this use in the neighborhood and the use permit going hand in hand with the residence. Mr. Bob Brydon then appeared to express concern about having to issue a use permit for this use. He felt it would be better not to require a use permit. dir. John Nickerson of 283 4Joolworth appeared to inquire about staff which might lend support to the residents; he also inquired about signing. D1s. Davidson responded that there is a staff at the AID Center which will be lending support to the residents of the Transitional Living Center. She further noted that there would be no signing. Further discussion ensued regarding the requiring of a use permit for this site. No one else wishing to speak, Commissioner Kotowski moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1930 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1930 approving the application of Ms. Susan Davidson on behalf of the Adult Independence Development Center for a use permit and approval of plans to modify an existing residential unit to accommodate wheel chairs so that a Transitional Living Center for the physically handicapped may be established on property known as 306 St. Paul Drive in an R-1 (Single-Family Residential) Zoning District. This motion was seconded by Commissioner Fairbanks and adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kotowski, Fairbanks, Dickson NOES: Commissioners: None ABSENT: Commissioners: Kasolas, Campos __. Commissioner Pack then moved that the City Public Works Department and Police Department monitor traffic in this area (Latimer Avenue-St. Paul Drive), and get in touch with other jurisdictions of that area to try to resolve the hazardous conditions that now exist. This motion was seconded by Commissioner Kotowski and unanimously adopted. *** -9- MISCELLANEOUS Staff Report Upcoming General Plan Amendments, Planning Commission meeting of Septmeber 16, 1980. Mr. Kee reported that thus far the Commission would be considering three General Plan Amendments at the meeting of September 16, 1980. *** ITEMS BROUGHT UP BY COMMISSIONERS Condominium Conversion Ordinance Acting Chairman Dickson distributed notes to be considered for the new draft of a Condominium Conve rsion Ordinance. It was the consensus that Staff set the date for a Committee meeting in order to discuss this material. Code Enforcement Commissioner Fairbanks noted that the "An ton's" sign at the corner of Winchester and Hacienda is once again rotating; also, that the Union 76 Station has also been using their rotating sign. Mr. Kee stated that Staff would send letters on these items. 6R1f111RNMFNT Commissioner Kotowski moved that the meeting be adjourned, seconded by Commissioner Meyer, and unanimously adopted. The meeting adjourned at 10:33 p. m. APPROVED: J. Duwayne Dickson Acting Chairman ATTEST: Arthur A. Kee _ ecretary RECORDED: Jeannine Wade Recording Secretary