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PC Min 04/15/1980PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES APRIL 15, 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. The meeting began at 8:00 p.m. because of a previously scheduled Council meeting held in the Council Chambers. ROLL CALL Present Commissioners: Pack, Dickson, Meyer, Kasolas, Kotowski, Fairbanks, Campos; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Planner I Gerald L. Hobrecht, Engineering Manager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Jeannine Wade. Absent None APPROVAL OF MINUTES Conunissioner Fairbanks noted on Page 7, Paragraph 5 (relating to GP 80-7, 1303 & 1315 Elam Avenue) she had intended that her comments, in total, be included in the urinates which should read: "the reasons she is not in favor of this General Plan change are as follows: (1) after a long study of this area, tf~is change is a~.lverse to what the people want in ~th«t community, (2) the present zoning would ~>e less detrimental and more harneonious with the area as it is now, and (3) it would add mare traffic pro- b'fen~s to an area that is not being adequately addressed in that area." Commissioner Pack then moved that the minutes of the April 15, 1980 Planr±ing Commission meeting be approved as amended, seconded by Commissioner h1eyer and unani- r,:ously ado^ted. COMMUNICATIONS Mr. Kee reported that communications received relate to specific items on the agenda and would be discussed at the time each item is considered. ARCHITECTURAL APPROVALS S 79-48 Continued application of Ms. Brenda Boudreault and Boudreault, B. Q. C. Engineering for approval of plans to construct Q. C. Engineering an office/storage addition to an existing industrial building located on property known as 1143 Dell Avenue in an M-1-S (Light Industrial) Zoning District. _2_ Mr. Kee reported that at its meeting of March 18, 1980 the Commission, at the applicant's request, continued thisitem %% the Planning Commission meeting of April 15, 1980 in order th~~t ~,e-.~~ed plans could be submitted. He further noted the Planning Depar°~~,r~n~~~ teas not received revised plans, therefore staff is recommending that this application be denied, and referred to the City Attorney for possible further action. Chairman Campos inquired if the applicant was present, At-this time Commissioner Fairbanks left the Council Chambers to attend the Council meeting on the Review of tt~e San Tomas Task Force Recommendations (8:07 p.m.). Commissioner Kasolas then moved that S 79-48 be denied without prejudice since revised plans had not been submitted nor had the applicant requested a continuance, and that this matter be referred to the City Attorney for possible further action. This motion .was seconded by Commissioner Meyer and unanimously adopted, *** S 80-12 Continued application of Mr. James A. Billmaier for Billmaier, J. approval of 'plans to construct 4 condominium units on the rear portion of an existing single-family development located on property known as 60 Shelley Avenue in an R-M (Multiple Family/Low-Medium Density Residential) Zoning District. Commissioner Kasolas reported that the applicant was scheduled to meet with the Site and Architectural Review Committee this morning, however the Committee did not have the opportunity to review the revised plans and due to the pressing matters of the morning did not have a chance to meet with the applicant. It was Commissioner Kasolas' feeling that this item should de deferred until the Commission holds a study session regarding developments with existing structures since this project involves construction of four condominiums on a lot which has an existing residence on the front portion 4~hich is proposed to remain. Mr. Kee explained that the revised plans submitted resolve the concerns expressed by the Fire Department, however the Commission might consider continuing this matter until after 'its study session to be held on April 23 to discuss the subject of proposed developments with existing structures. Commissioner Kotowski mentioned that he had spoken with the applicant this morning and recommended that he appear before the Commission to explain the redlined revisions. Mr. Jim Billmaier of 60 Shelley Avenue, applicant, appeared before the Commission to explain the project, concerns of Fire Department, and how they had been resolved. Further discussion ensued regarding the size of the lot, open space and density of the project. - Commissioner Kasolas then moved that the Commission continue this item to the h1ay 6 meeting since the Commission will have had its study session by that time to discuss projects with existing structures. This was agreeable to the applicant. Commissioner Dickson then seconded this motion and it was unanimously adopted. -3- Commissioner Dickson then inquired if staff could present to the Commission information regarding requirements for apartments 'versus condominiums. Mr. Kee indicated that staff could report back on this. SA~80-12 Application of Ms. Linda Spencer and Mr. Ed Hill on Spencer & Hill behalf of 4 Seasons Realty for approval of a sign, 4 Seasons. Realty that would be higher than normally allowed, on - property known as 2240 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. Mr. Kee explained that the applicant is requesting approval of plans to change the sign face of an existing non-conforming, free-standing sign. The sign is non-conforming due to the fact that-it is 21 feet high. The-Sign Ordinance provides that signs should be attached to or painted o.n the side of the structure,, and parallel•to the adjoining street. -Lf afree-standing sign is needed in order that a business can be adequately identified, according to the ordinance, it_can be no more than. l4 feet high unless ,otherwise approved by the Planning Commission. Section 21.68:150 of the Sign Ordinance specifically allows the Planning Commission 'to approve signs higher than .14 feet when it determines that such a sign is necessary because of the difficulty in locating the business, ,or for adequate identification, or because of the size of the project in relation to surrounding uses. He further noted, in staff's opinion, this site is not difficult to locate, is not significantly different from adjacent commercial properties, and could be adequately identified with a sign that is 14 feet high, and for these reasons, staff is recommending that the request to allow. the existing 21 foot high sign to remain be denied. It~is recommended that the sign be approved on the condition that the maximum height be reduced to 14 feet. Commissioner Kasolas reported that the applicants had met with the Site and Architectural Review Committee this morning, and the Committee is in accord with staff's recommendation. Commissioner~Pack stated that additional information regarding the location of items presented-would be very helpful. Commissioner-Meyer moved that the Planning-Commission deny the request to allow a 21 foot high sign, and approve a sign that is reduced in height to 14 feet. This motion was seconded by Commissioner Dickson and unanimously adopted. *** PUBLIC HEARINGS GP 80-3 This is the time and place fora public hearing on Motamedi, H. a referral from the City Council to consider the application of Mr. H. H. Saber-Motamedi fora change in the Land Use Element of the .General Plan from Commercial to Medium Density Residential for property known as 64 N. Harrison Street in a P-D (Planned Development/Commercial) Zoning District. -4- Mr. Kee reported that on January 15, 1980 the Planning Commission considered the application fora change in the Land Use Element of the General Plan from "Commercial" to "High Density Residential" for the subject property. At that time the Commission adopted Resolution 1862 recommending denial of the proposed General Plan Amendment. The City Council considered the subject application on March 10, 1980. At that time, the applicant requested that the Council give consideration to °'Medium Density Residential" instead of the "High Density Residential" originally applied for. The Council considered this request to be new information and referred the application back to the Planning Commission for further consideration. The site, which consists of approximately 1.75 gross acres (1.5 net) was formerly the location of the Campbell U-Save Rockery. At the present time the site is vacant. The existing land use to the north of the subject property is industrial; to the west it is public (Library) and commercial. The land use to the south is public (Ainsley Park) and commercial. To the east, across the Southern Pacific tracks, the existing land use is commercial. He further reported that when the new street pattern for the downtown area was in the initial stage of development, the Council placed the entire downtown area in an Interim Zoning District. The purpose of this action was to protect the area from undesirable development pending a study of the impact the new street pattern would have. The general consensus at that time was tha t commercial development (in general) take place within the "Loop" streets. Residential land use, on the other hand, was favored for those areas outside the "Loop" streets. The result of this consensus was an amendment to the Land Use Element of the General Plan to allow medium density residential to the south of the south loop (now Orchard City Drive) and to allow low density residential to the north of the north loop (now Civic Center Drive). The current proposal is, in staff's opinion, consistent with this general consensus that the commercial development in the downtown area be restricted to the area between the loop streets, and also with the recent City Council approval of a General Plan amendment to allow "High .Density Residential" land use on the Campbell Grammar School site. One of the main concerns expressed by the Commission at its meeting of January 15, 1980, was the traffic that would be generated by a residential development at this location. The staff has worked with the Public 4Jorks Department to arrive at the fallowing traffic generation figures. As stated previously, the site consists of 1.75 gross acres of land. If developed at the maximum density proposed (i.e., 20 units per gross acre) the site could hold up to 35 dwelling units. Traffic generation studies indicate that each unit will generate .approximately 7 vehicle trips per day, resulting in a total of 245 trips per day. A neighborhood commercial type development, however, can be expected to generate up to 949 trip ends per net acre. Using this figure, it can be determined that a commercial development could be expected to generate up to 1424 vehicle trip ends per day. -5- The other concern expressed by the Commission at its January 15 meeting was the effect of noise in the downtown area as it would impact a residential development at this location, It is the sta~~'f's opinion that the noise problem could be ameliorated by proper design features and other mitigating measures such as noise walls. Staff is recommending that the Planning Commission adopt a resolution recommending that the Land Use Element of the General Plan be changed from "Commercial" to "P~edium Density Residential" for the subject property. Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this project. Mr. Gary Coates of 830 Bay Avenue, Pacifica, appeared before the Commission on behalf of the applicant. He stated that some of the concerns of the Commission have been answered through the design concept which is proposed for this site. He then went over the proposed. plans, explaining that through the design concept items of concern, such as traffic, noise, and spot zoning, have been responded to. He noted that the railroad: noise and vehicular noise could be mitigated with design. He cited the Staff Comment Sheet regarding traffic, noting the trip ends generated by a residential development would be less than those generated by a commercial development. He then stated that in regard to "spot zoning".residential use is not a stranger to this area; he felt that this site lends itself to residential since it is close to the downtown area, the public library, transportation facilities, etc. He noted the development proposed is designed so that it blends in with existing development in the area. He also noted that there. had previously been a petition submitted to the Commission signed by the area residents in favor of the proposed residential use. Commissioner Pack expressed that she is not adverse to residential or industrial for this site if the plan is beneficial. She felt this particular site should be studied carefully before recommending a particular use to the Council. She also felt that it might. be best used industrially, and before agreeing with a change in the land use at this time she felt it warranted further consideration. Commissioner Dickson felt this lot should be industrial or commercial, but not residential. Commissioner Kasolas expressed concerns about the particular plans before the Commission this evening actually being implemented since what is before the Commission at the present time is a General Plan change, not approval of plans, per se. Mr. Coates explained that the applicant would be more than willing to submit plans along with a zone change once the General Plan change is approved. Mr. Kee explained that the General Plan would have to be changed before application could be submitted for a change in coning. No one else wishing to speak, Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. P~10TI ON Commissioner Dickson moved that the Planning Commission reaffirm its position on GP 80-3, recommending denial of this General Plan change since (1) the proposed Medium Density Residential land use would not be compatible with the existing development of the area, (2) the proposed change is not _~w in the best interest of the City of Campbell, and (;I} the proposed use would be impacted by surrounding traffic and nois•~ problems. This motion failed for lack of a second. MOTION Commissioner Pack moved that the Planning Commission recommend that the City Council approve a change in the Land Use Element of the General Plan from "Commercial" to "Medium Density Residential" for property known as 64 N. Harrison Street, noting that when the plans come before the Commission it would be the prerogative of the Commission at that. time to recommend approval or denial of plans should they not encompass all mitigating measures necessary for this particular piece of property. This motion was seconded by Commissioner Meyer and failed by the following roll call vote: AYES:- Commissioners: Pack, Meyer NOES: Commissioners: Dickson, Kasolas, Kotowski, Campos ABSENT: Commissioners: Fairbanks RESOLUTION N0. 1891 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1891 recommending denial of a change in the Land Use Element of the General Plan from "Commercial" to "Medium Density Residential" for property known as 64 N. Harrison Street since it is felt that (1) the proposed Medium. Density Residential land use would not be compatible with the existing development of the area, (2) the proposed change is not in the best interest of the City of Campbell, and (3) the proposed use would be impacted by surrounding traffic and noise problems. This motion was seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Dickson, Kasolas, Kotowski, Campos NOES: Commissioners: Pack, Meyer ABSENT: Commissioners: Fairbanks At this time it was recommended by Commissioner .Dickson that perhaps a recommendation should be forwarded to the City Council suggesting an "Industrial" land use for this particular piece of property. Commissioner Kasolas stated that he is neither for nor against a residential land use for this site, however he felt that more facts needed to be presented. He feels this is a unique piece of property, and he would have no problem with the plan before the Commission this evening. MOTION Commissioner Dickson moved that the Planning Commission recommend to the City Council that consideration be, given to a change in the General. Plan Land Use Element from "Commercial" to "Industrial" for property known as 64 N. Harrison Street. This motion was seconded by Commissioner Pack.- -7- Discussion of Motion Commissioner Kotowski mentioned he dit' r;o~t s?cond the motion on the floor since no mention had been made of considering "Professional Office" for this site, with possibly a mix of uses. Mr. Kee stated that "Professional Office" would be an allowed use with an "Industrial" land use. Vote on Motion AYES: Commissioners: Pack, Dickson, Kotowski, Campos NOES: Commissioners: "Meyer, Kasolas ABSENT:. .Commissioners: Fairbanks Commissioner Kasolas stated he felt_this recommendation is inappropriate at this time since there has not been a thorough study of the alternative land uses possible. He felt the Commission should not arbi~rarily suggest one use, but delve into a study to see what alternative uses there are. *** The Commission took a break at 9:30 p.m.; the meeting reconvened at 9:45 p.m. Commissioner Meyer left .the Council"Chambers at 9:50 p.m., stating she would not be returning to the meeting. *** It was the consensus of the Commission that Items No. 5 and 10 be considered at the same time since they relate to each other. ZC 79-6 Franklin, C. (SM&J Land Co.) "~ISC~LLAcaEOUS TS 79-24 Lands of Carl Franklin Continued referral from-the City Council to consider a revised application of"Carl Franklin fora 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. Tentative Subdivision P1ap: Lands of Carl Franklin APN 279-45-7 " Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning at length. After approximately 2 hours of discussion, the applicants requested that this matter be continued to the next regularly scheduled Planning Commission meeting since there will be a hearing before the Historic Preservation Board on Tuesday, April 22. After that time, a decision will have been made as to whether or not to retain the existing structure and the applicant will be able to submit plans accordingly. Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. No one wishing to be heard, Commissioner Pack moved that ZC 79-6 and TS 79-24 be continued to the Planning Commission meeting of May 6, 1980, seconded by Commissioner Kotowski and unanimously adopted. ~** n ._ ~;.. PUBLIC HEARINGS UP 80-7 ;~h~is .~s ~:-.:~ ~.,~~: a,ru place fur a public hearing Cada, C„ & to corps cs~,~ ~ ~~~e ~~~~, . cuti on of Mr. Carl Cada on American Legion beha;f of the 4rierican Legion Post #158 for a Post #158 use permit and apiroval of plans to construct an addition to an existirg assembly hall on property known as 1?44 Dell Avenue in a Ch?;B-~.0 ~Controllea f~anufacturir,g) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning and after discussing this with the applicant it was recommended that this item be continued to May 6, 1980 in order that the applicant would have the opportunity to meet with the Fire Department staff. Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this item. The applicant came forth to state that he is in agreement with a continuance. Commissioner Kasolas then moved that UP 80-7 be continued to the Planning Commission meeting gf May 6, 1980 in order that the applicant would have an opportunity to meet with the Fire Department, seconded by Commissioner Dickson and unanimously adopted. *** UP 80-8 This is the time and place fora public hearing to Yuen, E. consider the application of Mr. Edward Yuen for a use permit and approval of plans to renovate an existing car wash and to construct an office building on property known as 1667 S. Bascom Avenue in a C-2-S a; General Commercial) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morn ing, and after discussing concerns regarding traffic circulation patterns and parking the applicant requested that this application be continued to the Planning Commission meeting of June 17. Chairman Campos opened the public Bearing and invited anyone in the audience to speak for or against this item. No one wishing to speak, Commissioner Kasolas moved that UP 80-8 be continued to June 17, 1980, seconded by Commissioner Pack-and unanimously adopted. :~** -9- UP 80-9 This is the time and place for a pub1"ic hearing to Hawley, Stowers consider the application of Hawley, Stowers & & Associates Associates fora use permit and approval of plans to constr~-uct a classroom building and an administra- tion and therapy office building on property known as 251 L"lewellyn Avenue i.n a P-F (Public Facilities) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning; and although there were some problems related to parking circulation, the Committee is recommending approval since it is-felt that the applicant can"adequately take care of ,- these. Commissioner Pack inquired about,the~easement between this site and the site to the north. ~ - -~. Engineering Manager Helms explained that Best Products, owners of the property to the north, has signed~an.agreement reserving that property to provide for a future off ieg for a square loop interchange should one be constructed sometime in the future. Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this .item. Mr. Bill Cox, 1978 The Alameda, San Jose appeared on behalf of the applican t to explain that the concerns expressed relate to parking and this can be resolved be designating certain ;.parking spaces for staff. Plo one else wishing to speak, Commissioner Kotowski moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1892 Commissioner Kasolas moved that the Planning Commission adopt Resolution No. 1892 approving. the application of ;Hawley, Stowers & Associates for a use permit and approval of plans to construct a classroom building and an administration and therapy office building on property known as 251 Llewellyn Avenue in a P-F (Public Facilities) Zoning District, seconded. by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Meyer, Fairbanks *~* TA 80-1 This is the time and place fora continued public hearing to consider amendments to the Campbell Municipal Code pertaining to hot tub/sauna estab- lishmrnts, massage establishments, arcades, pool and billiard parlors, and pawn brokers. -10- Mr. Stafford explained that this item had been continued since one line of wording had been left out of the Exhibit A attached to the previous Staff Comment Sheet. Commissioner Kotowski, in Commissioner Fairbanks' absence, inquired if the original paragraph No. 1 in the first draft had been left out. Mr. Stafford replied that it had been replaced by paragraph No. 3 in the currently proposed Exhibit A. Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to be heard, Commissioner Kasolas moved that the public hearing be closed, seconded by Commissioner Dickson and unanimously adopted. RESOLUTION N0. 1293 Commissioner Kasolas moved that the Planning Commission adopt Resolution No. 1893 recommending approval of amendments to the Campbell Municipal Code pertaining to hot tub-sauna establishments, massage establish- ments, arcades, pool and billiard parlors, and pawn brokers, seconded by Commissioner Dickson and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Meyer, Fairbanks *** PIISCELLANEOUS TS 80-2 Tentative Subdivision Map - Lands of Thamm & Cooper Lands of Thamm & APN 305-30-24 & 25. ' Cooper Commissioner Pack inquired about the density of .this project, noting 13.8 was above the 6-13 units per gross acre allowed. Mr. Stafford explained that this is an error, and that the density is 13.0 units per acre. Commissioner Dickson then moved that the Planning Commission find that TS 80-2 is in conformance with the General Plan and recommend to the Council approval subject to the conditions listed in the Staff Comment Sheet. This motion was seconded by Commissioner Kasolas and unanimously adopted. *** Commissioner Pack then moved, by minute action, that the following tentative subdivision maps be approved subject to the staff recommendations listed in the Staff Comment Sheet for each subdivision,, seconded by Correnissioner Kotowski and unanimously adopted: -11- TS 80-3 Tentative Subdivision Map: Lands of Sywak Lands of Sywak APN 205=28-004 TS 80-4 Tentative Subdivision Map: Lands of SMS Builder Lands of SMS ,Services APN 307-47-030 Builder Services TS 80-5 Tentative Subdivision Map: Lands of Bradko Lands of Bradko Enterprises APN 279-40-16 Enterprises *** Staff Report Staff Report on "Rascal's" located in The Factory, Mr. Stafford explained that this item was continued from the meeting of April 1, 1980 with the concurrence of the applicant in order that the City Attorney and the applicant's attorney could meet to develop a mutually acceptable wording fora definition of live entertainment for inclusion as a condition of approval. City Attorney Dempster explained that he had met with the applicant's attorney and arrived at agreeable wording fora definition of live enter- tainment. He noted that the Commissioners would find a copy of this wording at their station. Commissioner Fairbanks returned to the Planning Commission meeting at 10:28 p. m. After further clarification by the City Attorney and Mr. Stafford, Commissioner Pack moved that the Planning Commission find that discotheque, including dancing to recorded music either accompanied by or with live entertainers, which shall not include any dancing or erotic performers unless approved in advance by the Campbell Police Department, be approved for the space currently occupied by "Rascal's". This motion was seconded by Commissioner Kotowski and unanimously adopted. *** ADJOURNMENT Commissioner Pack moved that the meeting be adjourned, seconded by C-mmissioner Dickson and unanimously adopted. ' The meeting adjourned at 10:30 p.m. APPROVED: Danie Campos, Chairman ATTEST: Arthur A. Kee, Secretary RECORDED: Jeannine Wade, Recording Secretary