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PC Min 05/06/1980PLANNING COt1P•1ISSIO~d CITY OF CAf1PBELL, CALIFORNIA TUESDAY, 7:30 P.P~. MINUTES MAY 6, 1980 The Planning Commission of the City of Campbell convened this day in regular session at the regular meeting place, the Council Chambers of the City Hall, 75 North Central. Avenue, Campbell, California. ROLL CALL Present Commissioners: Dickson, Meyer, Kasolas, Kotowski, Fairbanks, Campos; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering P~lanager Bill Nelms, City Attorney J. Robert Dempster, Recording Secretary Jeannine blade. Absent Commissioner Pack APPROVAL OF {MINUTES April i5, 1980 Cor~nissioner Fairbanks moved that the minutes of the April 15, 1980 Planning Commission meeting be approved as submitted, seconded by Commissioner Kotowski and unanimously adopted. COR1MUNICATIONS , Mr. Kee reported that communications received relate to specific items on the agenda and would be discussed at that time. ARCHITECTURAL APPROVALS S 80-14 Application of Mr. John Sabine on behalf of SESCO to Sabine, J. convert an existing office building to a condominimum office building on property known as 1799 S. l~linchester Blvd. in a C-2-S (General Commercial) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning (consisting of staff, Commissioners Kascits and Kotowski as reaular membF rs, with Con~~issioner Fairbanks sitting in, and Architectural Rdvisor Barry Ludwig;. He noted that the Committee finds no problems with this application and i.s recom~nPnding approval subject to the conditions listed in the Staff Comment Sheet. Commissioner Dickson inyuirc~ i+ hE could obtain a copy of the CC~R's for this project, P1r. Kee stated that staff wou i d F~rr,~-i de th i s information. Commissioner Meyer then moved that S 80--'!4 be approved subject to the conditions listed in the Staff Comment Sheet,. seconded by Commissioner Kotowski and unani- mously adopted. ** -2- S 80-13 Continued a;~plication of Mr. Bruce E. Nodgin for Hodgin, B. approval of plans to construct an office building on property knovvr~ as 120 lA1. Campbell Avenue in a P-0 (Pro~~~ssc•:al i;ffice) Zoning District. Commissioner Kasolas reported that the Site and Architectural Review Committee, after meeting with the applicant, is recommending approval of this application with the added condition that the City Attorney review the cross easements with assurance that the easements will be available as long as the structure is in existence. Commissioner Kotowski then moved that S 80-13 be approved subject to the conditions listed in the Staff Comment Sheet, -~vith the added condition that "Cross easements to be reviewed by the City Attorney", seconded by Commissioner Meyer and unani- mously adopted. A copy of these conditions are attached hereto and made a Dart of these minutes. . *** Chairman Campos noted that staff has a presentation to make prior to consideration of Item No. 3 on this evening's agenda (S 80-12), and therefore this item will be considered as Item 76 on this evening's agenda. PUBLIC HEARINGS ZC 79-6 Continued referral from the City Council to consider Franklin, C. a revised application of Carl Franklin for a change of zoning from R-1 (Single Family/Low Density Residential) to P-D (Planned Development/Low Density Residential) and approval of plans to construct 8 patio homes on property known as 599 E1 Patio Drive. P1r. Kee reported that staff is recommending a continuance of this application to the Planning Commission meeting of .May 20, 1980 in accord with the applicant's request. Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak, Commissioner Kasolas moved that this item be continued to the May 20 meeting, seconded by Commissioner P~eyer and unanimously adopted. *** ZC 80-3 This is the time and place fora public hearing to Smith, B. consider the application of P•9r. Barry Smith, AIA, for:' (1) a change in zoning from R-2-S (Multiple Family/Medium Density Residential) to P-D (Planned Development/Medium pensity•Residential); and, (2) approval of plans, elevations, and development schedule to allow 8 townhomes on property known as 1383 W. Campbell Avenue.. -3- Commissioner Kasolas reported that after meeting- with the Site and Architectural Review Committee this morning, the Committee is recommending approval of this zone change subject to concerns being resolved by rewording condition No. 1 in the list of conditions of approval. The revised wording would read: "Revised site plan, treatment of decks on u:~its 3, 4 and 5, and reduction of the 12' fence at rear of units 3, 4 and 5, to be approved by the Planning Director upon recommendation of the Architectural Advisor." Commissioner Dickson expressed his concern about allowing this zoning to be P-D; he felt by allowing P-D a higher density would be allowed than for an R-2-S zoning. He further noted with R-2-S zoning a maximum of 7 units would be allowed, as compared to 8 with P-D zoning. Mr. Kee explained that P-D zoning would allow better design and amenities; he further noted that these are townhomes rather than condominiums and. the lots would be owned rather than air space. ~^r. Kee explained that the density of the project to the immediate east is developed at a density of 20 units per acre; he felt this project would not be increasing the density of what is in the neighborhood, at least not along Campbell Avenue. Commissioner Dickson again expressed his opposition to the use of P-D for this development; he felt P-D would allow this development to .be developed at a higher density than the R-2-S; zoning. Chairman Campos opened the public hearing and invited anyone in the audience to speak on this application. h1r. Steve Colen of One Skyline, Los Gatos, one of the property owners, appeared before the Commission to state that by going to 8 units rather than 7 makes this project economically feasible. Commissioner Fairbanks inquired as to how much the selling price would be of these units. Mr. Colen responded that the range would be between $100,000 and $110,000. Mr. Barry Smith, Architect, appeared before the Commission to explain that with the P-D zoning the homes were able to be angled which allowed more flexibility in the design of this project. Mr. Gary Smith of 45 Welker Court (his property is at the rear of the subject project) explained that he had two concerns: (1) his property is 18" to 24" below the level of the adjacent property; will there be a drainage problem?, and (2) what type of fencing will be proposed, and will the residents be aware of type of fencing? Mr. Helms explained that one of the conditions of approval requires the developer to provide an on-site drainage system directed toward Campbell Avenue, and there should be no problems with drainage. f~~tr. Kee explained that there is a condition that would bring the fencing plan before the Planning Director for approval. -4- P1r. l~lalker, also one of the architects for the project, assured that there would be no problems with ~.lrainage since ~~he project was designed for the drainage system to connect to Camp.~:~~i", ;":~.°>:;;~.~:. PJo one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Kctowski and unanimously adopted. RESOLUTION N0. 1$94 Con;missior:er Meyer moved that the Planning Commission adopt Resolution PJo. 1894 recommending a change of zoning far 1383 ~~1. Campbell Avenue from R-2-S (Multiple Family/Piedium Density Residential) to P-D (Planned Devel Dement/P~1ed-i u~m Density Residential) , seconded by Commissioner Kotowski. Discussion of Resolution At this time Commissioner Dickson expressed his opposition to this resolution because of the following: (1) fencing, because of the decks has to be unusually high; this would be setting a precedent, (2) the setbacks being considered (because of P-D zoning) do not necessarily mean that this will be the best use of the land, and (3) because of the setbacks, etc., Campbell is ending up with a much more dense project than needed. Resolution No. 1894 was adopted by the following roll call vote: AYES: Commissioners: P-leyer, Kasolas, Kotowski, Campos NOES: Commissioners: Dickson, Fairbanks ABSEPJT: Commissioners: Pack RESOLUTION N0. 1895 Commissioner Meyer moved that the Planning Commission adopt Resolution PJo.. 1895 recommending approval of plans, elevations, and development schedule to allow 8 townhomes on property knoNrn as 1383 l•J. Campbell Avenue in a P-D (Proposed) (Planned Development/ Medium Density Residential) Zoning District, seconded by Cor-.cnissioner Kotowski, anal adopted by the following roll call vote: AYES: Commissioners:. P1eyer, Kasolas, Kotowski, Campos PJOES: Commissioners: Dickson, Faribanks ABSENT: Commissioners: Pack *** TA 80-1A This is the time and place for a public hearing to consider a City-initiated text amendment to Chapters 21.22 (C-1-S); 21.24 (C-2-S); and 21.26 (C-3-S) of the Campbell h1unicipal Code to allow for the estab- lishment of Tanning Studios in a Commercial. Zoning District. hir. Kee explained. that at its meeting of April 1, 1980, the Planning Commission considered the request of Icarian Enterprises fora determination that tanning studios are an allowed use in a commercial zoning district. -5- After considering the information provided at the meeting, the Commission took action setting May 6 ,1986 as the date of a public hearing to consider a-text amendment to the Commercial sections of the Zoning Ordinance to allow for the establishment of tanning studios. Commissioner Fairbanks noted that she had requested at a previous meeting to see the regulations regarding tanning studios. Mr. Spillsbury (applicant)-handed 'Commissioner Fairbanks a copy of the Performance Standards as set forth by the Food and Drug Administration. Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. ; Mr. Tom Spillsbury, applicant, stated that he i~s.in agreement faith a use permit requirement for a-tanning studio. No one else wishing to speak, Comrmissioner P•1eyer Moved that the public hearing be closed, seconded by Commissioner DickSOn~and unanimously adopted. - RESOLUTION N0. 1896 Commissioner Kasolas Moved that the Planning Commission adopt Resolution No. 1896 recommending approval of this text amendment,'seconded~by.Commissioner Koto~aski. Discussion of Resolution Commissioner Dickson stated that he has many questions about tanning studios, per se; however, he is in favor of a use permit requirement.. Commissioner Fairbanks stated she is not in favor of tanning studios since she feels they are detrimental to the health, safety, and welfare of the persons in the community who might use them. " Resolution No. 1896 was adopted by the following roll call vote: AYES: Commissioners: Dickson, Meyer, Kasolas, Kotowski, Campos NOES: Commissioners: Fairbanks ABSENT: Commissioners: Pack * ~ * - ' UP 80-7 This is the time and place for a continued public Coda, C. hearing to consider the application of Mr. Carl Coda on behalf of the American Legion Post #158 for a use permit and approval of plans to construct an addition to an existing assembly hall on property known as 1344 Dell Avenue in a CM:B-20 (Controlled ~-tanufacturing) Zoning District. Mr. Kee reported that a memo had been received from the Fire Department which states that all of their concerns have been resolved. P.ecording Secretary E~Jade read into the record the memo from the Fire Department dated May 5, a copy of which is attached hereto and made a part of this record. -G- Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. No one wishing to speak, Commissioner Kasolas moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1897 Commissioner Kasolas moved that the Planning Commission adopt Resolution No. 1897 approving UP 80-7 and plans to construct an addition to an existing assembly hall on property known as 1344 Dell Avenue in a CM:B-20 (Controlled Planufacturing) Zoning District subject to the conditions listed in the Staff Comment Sheet as well as-the requirements set forth in the Fire Department memo dated Play 5, 1980. This motion was seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Dickson, P1eyer, Kasolas, Kotowski, Fairbanks, Campos NOES: Commissioners: None ABSENT: Commissioners: Pack *** The Commission took a break at 8:50 p.m.; the meeting reconvened at 9:00 p.m. *** Mr. Kee explained that staff has prepared a report regarding proposed develop- ments with existing structures, and Mr. Stafford will be making a presentation. Mr. Stafford explained that there are two alternatives the Commission could consider when developments with existing structures come before them. He explained that the first alternative would take into consideration the total area of the parcel for density purposes, and the second alternative would exclude 6,000 square feet (minimum lot size for single-family residences) with the remaining portion of the lot to be considered for density purposes. Mr. Stafford then gave three examples of how these two alternatives would affect the density in proposals with existing structures. Mr. Kee stated that the main question is whether or not the Commission wishes to establish a policy regarding whether or nat existing structures are to remain; or possibly requiring a minimum square footage (e.g., 6,000 s.f.) for an existing structure, then determining density on the remaining square footage of the parcel. Commissioner Fairbanks inquired if it is currently a requirement to provide 6,000 s.f. for a single-family dwelling on a lot such as the one proposed. Mr. Kee stated that there is no policy at this point in time. Mr. Kee further stated that alternatives could be: (1) Removal of the structure and have a clear lot to build on; (2) Parcel off the structure and develop the remaining lot according to what property is remaining; or (3) Don't parcel off the .structure and consider the overall density, and have one lot with development to the rear. -7- Commissioner Meyer inquired if any guidelines had been considered by the City Council. Mr. Kee replied that the Council had referred this item to the Commission fora recommendation. Discussion then ensued regarding whether or not the Commission would have the authority to determine whether or not a house should be saved. Discussion then ensued regarding whether or not the Commission would have the authority to determine whether or not a house should be saved. Commissioner Kotowski expressed the opinion that the developer should have the prerogative as to whether or not to remove an existing structure. Commissioner Kasolas stated he felt the Commission could not establish a policy determining whether or not a home is to stay or be removed. He felt each has to be judged on its own merit. He also felt some of the concerns that should be addressed are: long narrow driveways, lack of landscaping, the issue of too much blacktop, architectural compatibility, and how it~addresses its surrounding community and neighbors. He felt that a checklist should be comprised for considering developments with existing structures. Commissioner Fairbanks stated that she would like to see a minimum require- ment of 6,000 square feet for ar. existing dwelling allowing the development of the remainder of a parcel, keeping in .mind -that the existing structure should be as compatible as possible with new units. She felt a little dubious about the Commission making determinations as to whether or not existing structures are worth keeping. Commissioner Dickson felt that in order fora residence to remain, there should be an overriding reason. Mr. Kee stated that what he thought he was hearing from the Commission is that if the residence is to remain it should be required to retain a minimum of 6,000 s.f., and the remaining portion of the lot would be developed at whatever density the General Plan shows. He noted that staff could draft a policy statement or resolution for the Commission at this point. Commissioner Kotowski asked that when projects such as these are brought before the Commission he would like to be informed as to what they are backing up against--as a buffer against a higher density, or if something in back of the particular site is R-1. At this time Commissioner Dickson moved that staff draft a resolution addressing concerns expressed this evening and showing that single-family residences are to be considered separately (with a minimum of 6,000 s.f.) on developments with existing structures, and that this be considered at the next Planning Commission meeting. This motion was seconded by Commissioner Fairbanks and failed (3-3) with Commissioners Meyer and Kasolas and Chairman Campos voting "No." After further discussion, Commissioner Kasolas moved that staff draft two resolutions (1) single-family residences to require 6,000 s.f. minimum with remaining to be developed according to General Plan; and (2) that the existing residence be included in the overall density of the proposed development. This motion was seconded by Commissioner Kotowski and adopted with Commissioner Dickson in opposition. -8- ARCHITECTURAL APPROVALS S 80-12 Continued ua{•~ <<;«;~cn of Mr. James A. Billmaier for Billmaier, J. approval of plans t~ construct 4 condominium units on the rear° portion of an existing single family development known as 60 Shelley Avenue in an R-P1 (Low-Medium Density Residential) Zoning District. Commissioner Kasolas reported that the Site and Architectural Review Committee had reviewed this application this morning, and there is no recommendation from the Committee--it was decided that it be referred to the entire Commission. Commissioner Fairbanks then moved that S 80-12 be approved subject to the conditions listed in the Staff Comment Sheet, and seconded by Commissioner Kotowski. Discussion of Motion Commissioner Dickson expressed concerns about this project, noting he did not feel it complies with the R-P1 Zoning Ordinance. Commissioner Kasolas also spoke against this motion. Vote on Motion This motion failed by a 2-4 vote, with Commissioners Dickson, P•1eyer, Kasolas, and Chairman Campos voting "No." With the applicant's agreement to a continuance, Commissioner Dickson moved that S 80-12 be continued to the next Planning Commission meeting- (F-tay 20) in order that some policy might be developed by that time regarding proposed developments with existing single-family structures. This motion was seconded by Commissioner Kasolas and unanimously adopted: MISCELLANEOUS PD 78-11 Continued request of Phr. E. L. Eberhardt for a change Eberhardt, E. of allowed building use from warehouse only to specu- lative industrial for structures located on property known as 150-164 Gilman Avenue in a P-D (Planned Development/Industrial) Zoning District. Mr. Kee reported that staff is recommending approval of this request subject to the conditions listed in the Staff Comment Sheet. Commissioner Meyer then moved that the request of Mr. E. L. Eberhardt (PD 78-11) be approved subject to the following conditions, seconded by Commissioner Dickson and unanimously adopted: 1. Applicant to sign an agreement, satisfactory to the City Attorney, limiting the use of the property to 4,416 s.f. of light industrial use and 4,416 s.f. of warehouse use. -9- 2. All other conditions of PD 78-11 shall remain in effect. 3. Applicant to secure all necessary permits for the conversion. 4. That the approval of an industrial use at this location be reviewed by the Planning Commission in six months. *** UP 79-1 Six-month review. Plartin Oi 1 Co. Commissioner Dickson moved that this report be accepted, noting that all concerns had been resolved and therefore this need not come back to the Commission. This motion was seconded by Commissioner Kasolas and unani- mously adopted. ** TS 80-6 Tentative Subdivision Map: Lands of Medford L. Lands of Medford Snyder.- APN 405-25-051 L. Snyder Per. Kee .reported that at its meeting of hlarch 24, 1980 the City Council ratified Resolution No. 1881 of the Planning Commission granting a use permit and approving plans to construct 24 townhomes on property known as 655 W. Hacienda Avenue. Condition J of Resolution No. 1881 required. the applicant to process and file a tract map. The applicant is now requesting approval of a tract map which would allow these units to be sold as townhomes, The General Plan indicates hiedium Density Residential (between 14 and 20 units per gross acre) for this site. The approved plans would be developed at a density of approximately 11.4 units per gross acre. Commissioner Dickson then moved that the Planning Commission find that the proposed tract map is in conformance with the General Plan, and that the Planning Commission recommend that the City Council approve this map subject to the conditions listed in the Staff Comment Sheet. This motion was seconded by Commissioner Kasolas and unanimously adopted. *** TS 79-24 Tentative Subdivision Map: Lands of Carl Franklin Lands of Carl APN 279-45-7. Franklin Commissioner Fairbanks moved that this item be continued to May 20, 1980, as recommended in the Staff Comment Sheet, seconded by Commissioner Kasolas and unanimously adopted. *** -l o- Referral from Appointment of two Planning Commissioners to serve City Council on committee to select pilot blocks in the San Tomas Area and develop neighborhood plans. At this time Commissioners Kotowski and Fairbanks volunteered to serve on this committee. Commissioner Meyer, in Commissioner Pack's absence, stated that Commissioner Pack had also expressed some interest in serving on this committee. The Chair then appointed Commissioners Kotowski and Fairbanks to serve on this committee, with Commissioner Pack serving as an alternate. Commissioner Fairbanks then inquired if staff could supply the Commission with copies of the minutes of the April 15 meeting of the City Council regarding this subject. Mr. Kee stated that staff would obtain copies for the Commission. *** Referral from Referral from City Council requesting possible dates City Council fora study session with the City Council to con- sider the Condominium Conversion Ordinance. The date of ~1ay 27 was discussed as a date for a study session. However, other dates would be polled and then a date forwarded an to the Council. It was the consensus of the Commission that the Building Department send a representative to this study session in order to respond to any concerns of the Commission regarding Building Department requirements. *** Referral from Referral from the City Council to consider the City Council establishment of controls for "liquor establish- ments" in the Downtown Area. P~1r. Kee reported that at its meeting of April 28, the City Council referred this item to the Planning Commission and it is requested that a response be forwarded back to the Council in time for its May 12 meeting. This item resulted from a study session regarding the Downtown Area which was held on April 16, 1D80. The Commission may recall that problems relating to the number of liquor establishments in the Downtown Area were considered when the revised space utilization plan for The Factory and the Rascal's discotheque were being discussed. If the Commission determines that there is a need to control liquor estab- lishments in the Downtown Area, staff would consider a Use Permit to be an appropriate regulatory device. After brief discussion, Commissioner Kasolas moved that a response be forwarded to the City Council recommending that a Use Permit be required for any liquor establishment, seconded by Commissioner Dickson and unanimously adopted. *** 1 -11- NEW BUSINESS Chairman Campos reported he had received a call from the County of Santa Clara Planning Commission requesting that the County and City of Campbell Planning Commissions conduct a joint study session to discuss mutual concerns. The Commission was in agreement to a joint study session. Chairman Campos reported that he would report back to the County Planning Commission. ** Commissioner Kasolas then inquired if staff could send a letter to the County Planning Commission on behalf of the Campbell-Planning Commission requesting the status of the development of moving on the home on Campbell Avenue near the corner of Victor Avenue. ' It was the consensus of the Commission that a letter be sent. P1r. Kee stated that staff would prepare a .letter. *** ADJOURNP1ENT Commissioner Meyer moved that the meeting be adjourned, seconded by Commissioner Dickson and unanimously adopted. The meeting adjourned at 10:46 p.m. APPROVED: ATTEST: Arthur A. Kee, SEcretary Daniel Campos, Chairman RECORDED: Jeannine Wade, Recording Secretary