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PC Min 05/20/1980PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.P1. MINUTES MAY 20, 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, Meyer, Kasolas, Kotowski, Fairbanks; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering P~anager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Jeannine Wade. Absent Chairman Campos. APPROVAL OF MINUTES May 6, 1980 Commissioner Meyer moved that the minutes of the Planning Commission May 6, 1980 Planning Commission meeting be approved Meeting as submitted, seconded by Commissioner Dickson and adopted with Commissioner Pack abstaining since she had not attended the meeting. In Chairman Campos' absence, Commissioner Kasolas noted that he would be acting chairman this evening. COMMUNICATIONS ~•1r. Kee explained that two communications had been received from students attending Campbell Union High School who want to know what is planned for the site. It was the consensus of the Commission that staff respond to the letters received. P1r. Kee reported that other communications received relate to specific items on the agenda and would be discussed at that time. *~* It was then the consensus of the Commission that in order to move the meeting along this evening, the "Special Report" to be presented by staff and Items No. 1, 4, 7, and 8 would be taken up later this evening. *** -2- ARCHITECTURAL APPROVALS S 79-25 Contir~~~d apr,~iication of Mr. Donald C. Landberg Landberg, D. and 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 a communication has been received from the applicant concurring with staff's recommendation. of a 30-day ccntinuance of this matter. No one wishing to speak, Commissioner ~1eyer moved that S 79-25 be continued to the June 17, 1980 Planning Commission meeting, seconded by Commissioner Kotowski and unanimously adopted. *** PUBLIC HEARINGS V 79-1 This is the time and place for a continued public Landberg, D. hearing to consider the application of Mr.~Donald C. Landberg and Ruth & Going, Inc., fora variance from Sections 21.48.020, 21.48.030, and 21.48.040 of the Campbell P~unicipal Code to allow construction of a parking structure on property known as 250 Budd Avenue in an R-3-S (Multiple Family/High Density Residential) Zoning District. Mr. Kee responded that this item is directly related to Item S 79-25 on this evening's agenda, and the applicant concurs with the staff's recommendation of a continuance. Vice Chairman Kasolas invited anyone in the audience to speak on this item. No one wishing to be heard, Commissioner Meyer moved that V 79-1 be continued to June 17, 1980, seconded by Commissioner Kotowski and unanimously adopted. *** UP 80-10 This is the time and place for a public hearing to \ Pen Land & consider the application of Pen Land & Cattle Co., Cattle Co. Inc.,for approval of plans to construct 6 townhouses on property known as 1201 G1. Parr Avenue in an Interim (Low-Medium Density Residential) Zoning District. P-1r. Kee explained that staff is recommending a continuance of this item in order that it could be referred to the Historic Preservation Board for comments. Vice Chairman Kasolas reported that after meeting with the applicant this morning, the Site and Architectural Review Committee is also recommending a continuance to June 3 with the applicant's concurrence, in order that the Historic Preservation Board could have the opportunity to review the existing structure. __.. __ ~ _._.w .:__ ,. ~+ -3- Vice Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this application. No one wishing to be heard, Commissioner Meyer moved that UP 80-10 be continued to the Planning Commission meeting of June 3, 1980, seconded by Commissioner Kotowski and unanimously adopted. At this time Commissioner Fairbanks asked that the Commission, as well as the developer, be sent a copy of the Policy Statement for Developers in the San Tomas Area. Mr. Kee responded that staff would take care of this. *** UP 80-11 This is the time and place for a public hearing Chang, G. to consider the application of Mr. Gary M. Chong on behalf of Tai Mantis Assn. for a use permit and approval of plans to establish a School of Chinese Physical Culture on property known as 165 Cristich Lane in an P~-1-S (Light Industrial) Zoning District. Mr. Kee reported that the applicant is proposing to use a 1,320 square foot section of a 13,200 square foot warehouse building for a School of Chinese Physical Culture. The property is bounded on three sides by industrial uses' with Highway 17 to the rear. He noted, in staff's opinion, the use Hro uld be compatible with the surrounding uses if parking. does not become a problem. According to the applicant's statement, classes will be held during the late afternoon and early evening hours fora total of approximately 20 hours per week. Staff is recommending that this application be approved subject to the conditions listed in the Staff Comment Sheet, one of which would be that the Planning Commission review the use permit on or before November 20, 1980 in order that the parking situation can be reviewed. Vice Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this project. h1s. Lupe Compean, owner of 160 Cristich Lane, appeared to speak in opposition to this project. Mr. Gary Chong, applicant, appeared to explain what types of classes the school plans to offer. He noted that. the present school is in San Jose and they propose to move the school to this site. He noted the usual attendance is between 10 and 20 students maximum, at any one time. Only one class at a time would be taught; each class is from 1 to 12 hours long. Most of the classes are taught in the late afternoon or early evening. P1r. Frank Clauson of Pearce Rd. Saratoga, adjacent property owner, spoke in favor of this use noting he felt that it might help deter vandalism in the area which has taken place recently. No one else wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. -4- RESOLUTION NO. 1900 Commissioner Pack moved that UP 80-11 be approved subject to the conditions listed in the Staff Comment Sheet, seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Meyer, Kotowski, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Campos *** PIISCELLANEOUS Request for Side Request of Mr. William B. Horbaly for an adjust- Yard Setback ment of the side yard setback requirement of Horbaly, W. 9'-0" to 5'-0" to allow construction of a second- story addition to an existing single-family residence located on property known as 199 N. Bland Avenue. Mr. Kee reported that the applicant is requesting an adjustment in the side yard setback requirement to allow construction of a second-story addition to an existing one-story structure. He noted that the Commission has the authority to reduce the setback requirement on existing single-family residences to a minimum of 5 feet. It is the staff's opinion that the construction of the addition would be in keeping t~vith the past reductions of side yards. The applicant has submitted a letter signed by the neighbor/owner who lives closest to the proposed addition which states that he has no objection to the addition. Per. Horbaly, applicant, appeared before the Commission to state that his neighbor has no objection to this request. PJo one wishing to speak, Commissioner Kotowski moved that this request be approved as submitted, seconded by Commissioner Dickson and unanimously adopted. **~ S 78-36 Request from the K. P. Englert Company to aliow Englert Construeion the deletion of one parking space for a 6-unit condominium development located at 3445 5. Bascom Avenue. Dlr. Kee reported that at its meeting of November 21, 1978 the Planning Commission approved an application to construct 6 three-bedroom condominium units on a 19,700 square foot site. At this time, the project is complete and the applicant is requesting -that the approved plan be modified to allow a reduction in the amount of parking from 15 to 14 parking spaces. If the applicant's request is approved, the elimination of one parking space will reduce the parking ratio to 2.33. spaces per residential unit. The ori- ginal plan was approved with a parking ratio of 2.5 spaces per unit.. This conforms to the Zoning Ordinance's minimum parking requirement of 2.5 spaces for each condominium unit with two or more bedrooms. -5- Staff is recommending that the applicant's request be approved on a trial basis and that this approval be reviewed by the Commission within six months to determine whether a parking problem exists as a result of the deleted space. At that time the Commission may or may not require the applicant to provide one additional parking space. Vice Chairman Kasolas suggested that if the Commission does approve this request, that it be reviewed in one year rather than six months. Commissioner Pack-then moved that the Commission approve this request, subject to a review by the Commission in one year, and if a parking problem is determined to exist an additional parking space shall be provided; further noting that this would not be setting a precedent for future parking ratios in condominium developments. It is recognized that an error was made in this instance. This motion was seconded by Commissioner Kotowski and unanimously adopted. *** S 80-15 Application of P1r. Frank Gippetti for approval uippetti, F. of plans to install a fuel tank and pumps on property known as 1460 Hlhiteoaks Road in an P~1-1-S (Light industrial) Zoning District. Per. Kee reported that the applicant is requesting approval of plans to install fuel tanks and fuel pumps on the easterly portion of an industrial development that is located at 1460 t~lhiteoaks Road. This development was approved by the Planning Commission on January 13, 1.977 under proceedings known as S 77-52. It is the policy of the Planning Commission to require architectural approval when the proposed location. of fuel tanks and pumps is less than 100 feet from any residential property. This application has been referred to the Fire Department for their comments, and they have no problem with the location of these tanks. He further noted- that the tanks would be below ground. Commissioner Pack .then moved for approval of plans to install a fuel tank and pumps on property known as 1460 Whiteoaks Road, seconded by Commissioner Meyer and unanimously adopted. ***. The Commission took a break at 8:35 p.m.; the meeting reconvened at 8:55 p.m. *** Staff Report Residential development in which an existing residence is proposed to remain. Mr. Stafford explained the three draft resolutions to the Commission, going over each individually. Commissioner Pack felt it was important to not include driveway areas within the calculation for the developable area. Commissioner Fairbanks inquired if developers usually have demolition in mind with projects of this nature. -6- P1r. Kee stated that usually 'if sor~ething is of value the general step would be to somehow maintain the use and add to it. P•1r. Don Hebard appeared before the Commission to express his concern about these policies being a little severe on developers, particularly if the property has a building with historic interest. He then wondered if the Commission had considered a less proportionate amount for an existing structure; i.e., the Commission had considered 6,000 s.f. minimum, however, there might be instances where only 5,000 s.f. might be sufficient. Mr.-Kee cited an example of a development whereby open space (play area and park area) of a project had been considered as part of the area to be used by the entire development. Commissioner Dickson expressed concern about having opposing forces on a single lot; i.e., R-l zoning, being rezoned to P-D in order to allow the back of a lot to be developed. Commissioner Pack felt ex-Commissioner Hebard's thoughts should be pursued, and possibly incorporated into a draft ordinance. Commissioner Fairbanks expressed her opposition to Draft C, Paragraph 3, noting if an applicant liked the existing structure she did not feel it was right to not encourage a residence to remain. Mr. Lon Mills, architect, spoke in favor of Don Hebard's comments being incorporated into the guide lines. He felt this would allow for better _ proportionment; he also felt it should be up to the developer as to what the minimum size should be (4,000 s.f. or 5,000 s.f.). Discussion then ensued regarding bringing existing structures up to Code, and other suggestions as to how to divide the lot should an existing structure remain. Vice Chairman Kasolas then moved that this item be given further thought and that the Commission move along on the agenda and come back to this item. PUBLIC HEARINGS ZC 79-6 Continued referral from the City Council to Franklin, C. consider a revised application from Carl `- Franklin fora change of zoning from R-1 (Single Family/Lot, Density Residential) to P-D (Planned Development/Low Density Residential) and approval of plans to construct 7 patio homes and retention of an existing structure on property known as 599 E1 Patio Drive. P~1r. Kee explained the project before the Commission at this time. He noted that this item is directly related to Item No. 7 on this evening's agenda, which would establish an Historic Preservation Overlay Zoning District on a portion of this property. He reported staff is recommending approval of this application as submitted. Vice Chairman Kasolas reported that the Site and Architectural Review Committee is also recommending approval of this application. He noted that in this proposal five of the units face public streets, therefore there is not a -7- problem with a "long, narrow driveway" situation; also, the owners of the new homes will not be burdened by maintenance factors of the existing residence. The Committee is also recommending that the "fee to renovate the existing structure be waived." Vice 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 ask consideration of deleting Condition No. 7 since the Historic Preservation Board felt a use permit would not be needed. Mr. Kee $xpiained that deletion of Condition No. 7 could be done at this time, then jf the Overlay Zoning District is established the use permit would be required. Discussion then ensued regarding the deletion of this condition. Commissioner Dickson expressed concern about projects such as the one proposed and the effect they will have on the quality of life in the area; he also felt that the modification of the street for this project-was not in order (5' of right of way lost for landscaping). No one else wishing to speak, Commissioner Pleyer moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1898 Commissioner Fairbanks moved that the Planning Commission adopt Resolution No. 1898 recommending approval of a zone change from R-1 to P-D (Low Density Residential) for property known as 599 E1 Patio Drive, seconded by Commissioner P1eyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kotowski, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: Campos RESOLUTION N0. 1899 Commissioner. Fairbanks moved that the Planning Commission adopt Resolution No. 1899 recommending approval of plans, elevations, and development schedule for the construction of 7 patio homes and retention of an existing structure on property known as 599 E1 Patio Drive, with the added condition that the fee to renovate the existing structure be waived, seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kotowski, Fairbanks, Kasolas NOES: Commissioners: Dickson ABSENT: Commissioners: Campos *** ZC 80-4 Public hearing to consider a City-initiated zone Historic Preservation change to include a portion of property known as Board 599 E1 Patio Drive in an H (Historic Preservation) Overlay Zoning .District. -~- ~1r. Kee reported that an April 22, 1930 the Historic Preservation Board held a public hearing on the application of the Civic Improvement Commission to have the "F.P7. Righter House," locates an the sub,ect property, declared an Historic Landmark. After hearing all the evidence p~°esented, the Board did adopt a resolution recommending that the City Council designate the original residential structure as an Historic Landmark in the City of Campbell. The Historic Preservation Ordinance requires that the Planning Commission consider a zone change fir Historic designatior. after the Historic Preservation Board has made its recommendation. The ordinance also requires that the Commission's recommendations and comments be forwarded to the City Council to be considered simultaneously with those of the Board. Uice Chairman Kasolas opened the public hearing and invited anyone in the audience to speak on this item. No one wishing to speak, Commissioner Pleyer moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1901 Commissioner. Pack moved that the Planning Commission adopt Resolution No. 1901 recommending a zone change to include a portion of property known as 599 E1 Patio Drive in an H (Historic Preservation) Overlay Zoning District, seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, P1eyer, Kotowski, Fairbanks, Kasolas NOES: Commissioners: None ABSENT: Commissioners: done * ~ P~ISCELLANEOUS TS 79-24 Tentative Subdivision P1ap: Lands of Carl Lands of Carl Franklin. APN 279-45-7 Franklin PBr. Kee reported that the applicant has requested a continuance of this item to the Planning Commission meeting. of June 3, 1980 in order that he can submit a tentative subdivision map which will reflect the recent recommendation of approval for ZC 79-6. Commissioner Pack then moved that TS 79-24 be continued to June 3, 1980, seconded by Commissioner P~leyer and unanimously adopted. ~~:~ The Commission took a break at 10:20 p.m.; the meeting reconvened at 10:50 p.m. *~* -9- Continued Staff Con~•inuatio.-~ of discussion regarding proposed Report developments on property with. existing structures. Further discussion ensued regarding this subject, with the Commission in consensus requesting staff to draft another resolution incorporating comments made earlier in the evening by ~1r. Don He bard. Vice Chairman Kasolas asked that each Commissioner direct any further comments to staff by the early part of next week (P•1ay 27) in.o.rder that they could be incorporated into the draft resolution. Commissioner Pack submitted written comments at this time to the Recording Secretary. It was the consensus of the Commission -that this item be continued to June 3, 1980. *** S ,80-12 Cbnti~Ued application of,P•1r. James A. Billmaier Billmaier, J: for approval of plans to construct 4 condominium units on the. rear portion of an existing single- family development known as 60 Shelley Ayen-ue - in ~n R-P~1 (Low-Medium Density Residentia]) Zoning • District.. It was the consensus of the Commission to continue this item in view of the fact that the special report on developments had been continued for further consideration. At this time the applicant agreed to a continuance of this item to the June 3 meeting. . Vice Chairman Kasolas invited the applicant to make comments on this subject, and asked that he~submit them to .staff prior to May 27. Commissioner Pack then moved that S 80-12 be continued to the June 3 Planning Commission meeting, seconded by Commissioner Meyer and unanimously adopted. *** Set date of Joint Study Session with the City Council regarding Condominium, Conversions. At this time the Commission suggQSted the following dates for a joint study session: L•lednesday, June 4 Thursday, June 5 blednesday, June 11 Thursday, June 12 ~,1r. Kee stated these dates would be forwarded to the City Council, and the Council will be setting a date at its meeting of h1ay 27, 1980. *** ~l~j- Items Brought Up By Commissioners Chairman Pack inquired about 3 items noted in the Legislative Bulletin: (1) Zoning for factory built housing, (2) Housing Element Clarification, and (3) City control of billboards. Mr. Kee responded that staff has been working with these items and Hated that a report would be forthcoming. *** ADJOURNPiENT Commissioner Meyer moved that the meeting be adjourned, seconded by Commissioner Dickson and unanimously adopted. The meeting adjourned at 11:07 p.m. APPROVED: George C. Kasolas, Vice Chairman ATTEST: RECORDED: rthur Kee, Secretary Jeannine glade, Recording Secretary ,;~