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PC Min 07/15/1980PLANNING COP1h1ISSION CITY OF CA~•1PBELL, CALIFORNIA TUESDAY, 7:30 P.~1. P~INUTES JULY 15, 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, P•leyer, Dickson, Kotowski, Fairbanks, Vice Chairman Kasolas (7:42 p.m.); Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering P1anager Bill Helms, City Attorney J. Robert Dempster (7:57 p.m.), Recording Secretary Jeannine Wade. Absent Chairman Campos. In Vice Chairman Kasolas' absence, Commissioner Dickson announced that he would chair the meeting until Commissioner Kasolas arrived. APPROVAL OF r.~rrviRF~ July 1, 1980 Commissioner Kotowski moved that the minutes of the July 1, 1980 Planning Commission meeting be approved as submitted, seconded by Commissioner Pack and adopted with Commissioner Pleyer abstaining since she had not been in attendance at the meeting. COh1MUN I CATI ONS P1r. Kee reported that communications received relate to specific items on the agenda and would be discussed at thoat time. *** ARCHITECTURAL APPROVALS S 80-17 Application of Mr. Karl Kamber for approval of plans Kamber, K. and elevations to construct an industrial building on property known as 800 Camden Avenue in a M-1-S (Light Industrial) Zoning District. Commissioner Kotowski reported that the applicant had met with the Site and Architectural Review Committee this morning. After discussing this application with the applicant, there were concerns expressed about parking and dedication of street right-of-way. Therefore, the Committee is recommending a continuance to August 5, 1980 and the applicant was in agreement with this recommendation. Commissioner Pack then moved that S 80-17 be continued to the August 5, 1980 meeting, seconded by Commissioner Fairbanks and unanimously adopted. *** -2- SA 80-16 Continued appeal of Private Postal Services Company Private Postal from a decision of the Planning Director regarding Services signing on property known as 484 W. Hamilton Avenue. ttr. Kee reported that a telephone r•:~~~~st >>~;,~ the appellant for an extension of this item to the August 5 meeting had been received by the Planning Office this morning, therefore staff is recommending a continuance of this appeal. Commissioner Fairbanks then Commission meeting of August mously adopted. moved that SA 80-16 be continued to the Planning 5, 1980, seconded by Commissioner Meyer and unani- *** PUBLIC HEARINGS PD 80-5 This is the time and place for a continued public Villano, C. hearing to consider an application of Mr. Caesar Villano for a planned development permit and approval of plans, elevations and development schedule to con- struct 9 single-family homes on property known as 1160 Steinway Avenue in an R-1 (P) (Prezoned Low Density Residential) Zoning District and 1170 Steinway Avenue in an Interim (Low Density Residential) Zoning District. Acting Chairman Dickson opened the item for discussion by the Commission. Commissioner Pack noted to the Commission that this item had been continued in order that a full Commission could be present to vote. Commissioner Kasolas entered the Council Chambers at 7:42 p.m. fir. Kee reminded the Commission that this application had been considered by the Site and Architectural Review Committee at its meeting of July 1, 1980 and the Committee had recommended approval at that time. "1r. Stafford then explained the plans, in detail, to the Commission and explained the development in the surrounding area. Commissioner Meyer questioned the setbacks of the rear yard areas. Per. Stafford explained that they are in accord with the ordinance. Commissioner Fairbanks noted for the record that the Council should be alerted to the fact that this development is in conflict with the Council policy set forth for the San Tomas area (dated April 28, 1980), and that Condition K calls for full street improvements. She noted that the Council may wish to go over this condition or perhaps adopt a special ordinance regarding street improvements in that area. Commissioner Pack expressed further concern about setback requirements, noting that the Commission should be careful in using the minimum setback requirement for all three sides of a structure, particularly if similar developments should be considered adjacent to this proposed development in the future. - 3- Acting Chairman Dickson expressed the concern about projects such as the one being proposed in a P-D zoning district having open space area, but making the remainder of the project more dense. Acting Chairman Dickson then opened the public hearing and invited anyone in the audience to speak for or against this project. Mr. Caesar Villano, applicant, appeared before the Commission to explain that if need be the rear yard setbacks could be changed. He noted the critical housing shortage in Campbell; he also noted the unique design of the proposed project. He then read a prepared statement to the Commission qualifying this project. City Attorney Dempster entered the Council Chambers at 7:57 p. m. Mr. Villano then gave a slide presentation on the location of his proposed project. Ms. Bea Kruger of 1190 Steinway appeared before the Commission to speak in opposition this project, noting the additional traffic that would result if this were constructed and the loss of the rural effect. P1rs. Bonnie Hannagan of 1171 Steinway Avenue also appeared to speak against this project, noting the increased traffic that would result. No one else wishing to speak, Commissioner Kasolas moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. G1oti on Commissioner Kasolas moved that PD 80-4 be recommended for approval as presented. This motion was seconded by Commissioner Pleyer. Discussion of e-1otion Commissioner Pack expressed her concern regarding the setbacks once again. Commissioner Kotowski noted he is in favor of this project, however he did feel that Campbell is not responsible for providing housing-for the entire county. Commissioner Fairbanks spoke against this motion. She noted that this is a nice quality project, however (1) she feels the use of the P-D zoning has been used to increase the density of the project (number of homes on this particular piece of property), and (2) she feels that the rural character has not been addressed on this project. She likes the project, however she feels that this is not the right location for it. Commissioner Dickson spoke against the open space taking away from the remaining area of the project, therefore making a more dense project than would be allowed in the R-1 zoning. -4- Vote on Plotion AYES: Commissioners: Meyer, Kasolas, Kotowski NOES: Commissioners: Pack, Fairbanks, Dickson ABSENT: Commissioners: Campos This motion failed by a 3-3-1 vote. RESOLUTION N0. 1910 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1910 recommending approval of the application of Mr. Caesar Villano for a planned development permit and approval of plans, elevations and development schedule to construct 9 single-family homes on property known as 1160 Steinway Avenue in an R-1 (P) (Prezoned Low Density Residential) Zonin District and 1170 Steinway Avenue in an Interim Low Density Residential) Zoning District, with the added condition that rear yards to have greater setback than indicated on the originally submitted plans, with the intent to be a minimum of 3' additionally, and revised plans to be approved by the Planning Director. This motion was seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kasolas, Kotowski NOES: Commissioners: Fairbanks, Dickson ABSENT: Commissioners: Campos The Commission took a break at 8:35 p.m.; the meeting reconvened at 8:50 p.m. at which time Commissioner Kasolas took the Chair. *** r1iSCELLANEOUs It was moved by Commissioner Dickson, seconded by Commissioner Pack and unani- mously adopted that the following items be approved by minute action subject to the conditions listed in the respective Staff Comment Sheets: TS 80-10 Lands of Dot Avenue, Ltd. Tentative Subdivision Map: APN 305-2 8-5 & 6 Lands of Dot Avenue, Ltd. Referral from City Council Referral from City Council on Santa Clara County Nousing and Industry hlanagement Task Force Report. PD 79-06 Request of Mr. John Sparling for reinstatement of a Sparling, J. previously approved development schedule for construction of an office-warehouse building on property known as 146 & 152 Railway Avenue. *** -5- PUBLIC HEARINGS Since the majority of the persons in the audience were present to hear consideration of Item No. 8, UP 80-17, on this evening's agenda, it was the consensus of the Commission to consider that item next. UP 80-17 This is the time and place fora public hearing to consider Adult Independence the application of P~1s. Susan Davidson on behalf of the Development Center 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 1916 Villarita 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. 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, regardless 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 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. Vice Chairman Kasolas opened the public hearing and invited anyone in the audience to speak in favor of this application. P1r. Bud Carney, the City's HCD Coordinator, appeared before the Commission to explain the use of the facility and encourage a favorable vote on this application. Ms. Susan Davidson, representing the Adult Independence Development Center, also appeared to speak in favor of this application and to explain how their program ~~ ~~ works. She noted that the Center is run on a team approach with the staff persons of the center working closely with each client. She reiterated that this would be a "transitional living center" for handicapped persons. She intro- duced Elizabeth Hammer, who is a staff member at the Center. Ms. Aileen McVey also spoke in favor of projects such as the one proposed. Vice Chairman Kasolas then invited anyone who wished to speak a arc inst this project to step before the podium. Mr. Tony Fazzio of 1920 Palo Santo Drive appeared to state that he had not' received a notice regarding this meeting, he had heard from his neighbors that there would be a hearing on this application. He inquired as to who would be doing the main- tenance work on the building. -6- City Attorney Dempster noted that this item had been legally noticed both in the newspaper and by mailing notices to property oarners within a 300' radius of the site. He mentioned that ~•1r. Fazzio's property might not fall within the 300' radius. ~4s. Davidson responded that the persons 1°iving in the home would be responsible for maintenance of the home, with the help of the staff of the Center. P~1r. Paul Fujimori of 1904 Villarita Drive spoke against this project, noting the reason he moved to Campbell from San Francisco was to avoid "transient" type neighbors--he is not against the program, only the location of such a use in a residential neighborhood. ~•ts. Kathryn Beedle spoke to the Commission noting she had meetings with her neighbors regarding this application. She read two letters of protest into the record, copies of which are attached hereto and made a part of this record. After further discussion and no one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1911 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1911 approving the application of Pis. Susan Davidson on 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 1916 Villarita Drive in an R-1 (Single Family Residential) Zoning District, subject to the conditions listed in the Staff Comment Sheet. This motion was seconded by Commissioner Fairbanks and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, i-1eyer, Kotowski, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Campos UP 80-14 This is the time and place for a continued public hearing Rescigno, R, to consider the application of Mr. Ronald Rescigno on behalf of the Campbell Union School District fora use permit to construct an additional warehouse building to an existing building and to provide drainage and parking improvements to an existing corporation yard facility on property known as 240 N. Harrison Avenue in a P-F (Public Facilities) Zoning District. (dr. Kee reported that staff is recommending approval of this application. Vice Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. -~- Mr. Loren Durr, architect, appeared before the Commission to state that the applicant, after meeting with the Staff, is agreeable to the conditions as presented. No one else wishing to speak, Commissioner P~1eyer moved that the public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. RESOLUTION N0. 1912 Commissioner Fairbanks moved that the Planning Commission adopt Resolution No. 1912 approving the application for a use permit to construct an additional warehouse building to an existing building and to provide drainage and parking improvements to an existing corporation yard facility on property known as 240 N. Harrison Avenue, seconded by Commissioner Meyer and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Meyer, Kotowski, Fairbanks, Kasolas NOES: Commissioners: P1one ABSENT: Commissioners: Campos UP 80-16 This is the time and place for a public hearing to Kaye Corporation consider the application of P1r. Donald Kaye on behalf of D & D Kaye, Inc., for a use permit and approval of plans and elevations to construct 22 townhomes on property known as 556, 510, and 500 Sunnyoaks Avenue in an Interim (Low-Medium Density Residential) Zoning District. Mr. Kee stated that Staff is recommending a continuance of this item. Commissioner Kotowski reported that the applicant had met with the Site and Architectural Review Committee this morning and the Committee is recommending a continuance in order that concerns regarding setbacks could be resolved. Vice Chairman Kasolas opened the public hearing and invited anyone to speak on this item. P1r. ~1ark Guerra of 490 Sunnyoaks Avenue appeared to express his concerns about setbacks, security, and impact of developments such as the proposed on the existing residents in the area. No one else wishing to be heard, Commissioner Kotowski moved that UP 80-16 be continued to the Planning Commission meeting of August 5, 1980, seconded by Commissioner Meyer and unanimously adopted. *** UP 80-15 This is the time and place for a public hearing to Cooper-Challen consider the application of h1r. G. E. "Jerry" Realty Co. Hamilton on behalf of Cooper-Challen Realty Co. for a use permit and approval of plans and elevations•to establish a professional office in an existing office structure on property known as 555 l~J. Campbell Avenue in a P-F (Public Facilities/Public, Semi-Public) Zoning District. _ g_ Mr. Kee reported that the subject p',~~~~;er~~:y ~•~as the location of the administrative offices of the Campbell Water Comp;~ny. s~ther~ San Jose Mater Works took over the Campbell Water Company earlier this year, all administrative and office personnel, --- as well as records, were relocated to the San Jose Water t~lorks main offices in downtown San Jose. At the present time, the applicant is requesting approval of a use permit to allow the continued use of the building at 555 ~rlest Campbell Avenue for general offices. The reason the use permit is required is because of the fact that the property is zoned P-F (Public Facilities). Section 21.35.030(8) of the Zoning Ordinance allows "Other uses which are compatible with the semi-public character of the district" subject to approval of a use permit. It is the staff's opinion that the continued use of this property for general offices is compatible with the intent of the Zoning Ordinance and with the surrounding land uses. The total area of the existing office building, and what was formerly the meter repair building, is 2,520 square feet. Seventeen pari:ing spaces (six of which are covered) are provided for this site, resulting in a parking ratio of one space for every 148 square feet of gross floor area. The applicant is not proposing any changes to the exterior of the building except for signing, which will be reviewed under a separate application. City Attorney Dempster explained that the City Council decided that it would be best for the present owners to apply fora use permit and go through the public hearing process for this use. Vice Chairman Kasolas opened the public hearing and invited anyone in the audience to speak on this item. P•1r. Jerry Hamilton, app licant, appeared before the Commission to speak in favor of this application. P•1r. Homer Hyde also appeared to speak in favor of this application, noting that the proposed use is no more intense than the previous use.; No one else wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1913 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1913 approving UP 80-15, seconded by Commissioner Pleyer. Discussion Commissioner Dickson stated that he is in opposition to this motion since he does not feel the use is semi-public. Vote on f~toti on AYES: Commissioners: Pack, Meyer, Kotowski, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: Campos ~** -9- ZC 80-7 This is the time and place fora public hearing to Shelley Associates consider the application of Mr. Robert Gurries on behalf of Shelley Associates for a zone Chan a from R-P•1 (Low-~~1edi um Density Residential ) to P-D ~P1 armed Development/Low-Piedium Density Residential), and approval of plans, elevations and development schedule to construct 12 townhomes on property known as 185 Shelley Avenue in an R-P•1 (Plultiple Family Residential) Zoning District. R1r. -Kee reported that a communication had been received relating to this item. This communication deals with an easement retained by the adjacent property owner. City Attorney Dempster noted that the Commission need not take any action on this letter; it is simply to advise the adjoining property owner of the title of the easement and it is a private matter. Commissioner Kotowski reported that the applicant had met with the Site and Architectural Review Committee.' The Committee noted that it -,~ould like to have the location of the trash enclosure indicated on the landscape plan. Vice Chairman,Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. P-tr. Bill Justi, representing the applicant, stated that he had met with the Assistant Fire Chief and received approval of the .location of the trash enclosure. Commissioner Pack inquired about the adjoining properties. P1r. Lon P1ills, architect for the project, explained the surrounding uses. No one else wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. Commissioner Dickson expressed concern about the P-D zoning of this property and allowing maximum density on projects. He felt under this design less than maximum density should have been allowed. P,ESOLUTION N0. 1914 Commissioner h1eyer moved that the Planning Commission adopt Resolution No. 1914 recommending a zone change from R-P1 (Low-f•1edi um Density Residential ) to P-D (Planned Development/Low-t•1edium Density Residential). This motion was seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kotowski, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: Campos -10- RESOLUTION N0. 1915 Commissioner h1eyer moved that the Planning Commission adopt Resolution Flo. 1915 recommending that the City Council approve the plans, elevations, and development schedule to construct i2 townhomes on property known as 185 Shelley Avenue in an R-M (Multiple Family Residential) Zoning District with added wording to Condition No. 2 to include "...sprinkler system and trash enclosure(s) Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, P•1eyer, Kotowski, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: ,Campos UP 79-17 This is the time and place fora continued public hearing PP~1 79-6 to consider the application of Ms . P•Je 11 i e Carval ho for Carvalho, N. approval of a minor subdivision and a use permit to allow future development of the resulting single family lot located on property known as 430 Budd Avenue in an Interim (Low Density Residential) Zoning District P~1r. Kee reported that staff is recommending a continuance of this item to the August 5, 1980 Planning Commission meeting, and the applicant's engineer is in agreement with this continuance. Vice Chairman Kasolas noted that this is a continued public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak, Commissioner Dickson moved that this item be continued to the meeting of August 5, 1980, seconded by Commissioner P~1eyer and unanimously adopted. TA 80-2 This is the time and place fora public hearing to Liquor consider a Text Amendment to Chapters 21.22 (C-1), Establishments 21.24 (C-2), and 21.26 (C-3) of the Campbell Plunicipal Code which would require liquor establishments to obtain a use permit. Mr. Kee reported that this item originated as a result of a referral from the City Council, following a study session on the downtown area which was held on April 16, 1980. Asa result of this referral, the Commission took action on ~~1ay 6, 1980 to recommend that a use permit be required for any liquor estab- lishments in the City. The Commission may recall that the original concern of the City Council was the concentration of liquor establishments in the downtown area. In Staff's opinion, if a use permit is to be required for liquor estab- lishments, the text amendment should apply to the entire city. -11- Vice Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to be heard, Commissioner Pack moved that the hearing be closed, seconded by Commissioner P1eyer and unanimously adopted. RESOLUTION N0. 1916 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1916 recommending that the City Council adopt an ordinance which would require that all liquor establishments (both on-sale and off-sale) operate under a use permit, seconded by Commissioner P1eyer and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, fleyer, Kotowski, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Campos Items Brought Up By Commissioners Commissioner Pack requested that Staff set the date of a meeting for the Condominium Conversion Committee prior to the City Council holding a study session on this item. P~1r. Stafford noted he would take care of this. *** ADJOURNt1ENT Commissioner Meyer moved that the meeting be adjourned, seconded by Commissioner Dickson and unanimously adopted. The meeting adjourned at 10:35 p.m. APPROVED: George C. Kasolas Vice Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Jeannine ~~lade Recording Secretary