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PC Min 04/01/1980PLANNING COMh9ISSI0td CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES APRIL 1, 1980 The Planning Commission of the City of Campbell converied 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: Pack, Meyer, Kotowski, Fairbanks, Chairman Campos; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering ~~anager Bill Helms, City Attorney J. Robert De!r:pster, Recording Secretary Jeannine Glade. Absent Commissioners Dicksor, and Kasolas. APF~'0l~AL OF MINUTES Ccrrrmissioner Park moved that the minutes of the reg~!lar meeting of March 18, 1980 be approved as submitted, econded by Commissioner Meyer and unanimously adopted. CO"I!`1L~N I CATI OTJS Continued communication from Icarian Enterprises, Inc., requesting that the Planning Commission make the determination that tanning studios are an allowed use in a Commercial Zoning District. Mr. Kee reported that the Police Chief had recommended that tanning studios be allowed only with a specific use permit issued by the Planning Commission and that staff had recommended that tanning studios be an allo~ved use in a C-2 (General Commercial) Zoning District, not necessarily with a requirement for a use permit. He noted that this item had been continued from the last meeting in order that the applicant could meet with the Police Chief. Commissioner Pack inquired if a public hearing could be held to determine whether or not a use permit should be required. ~~r. Kee responded that the Commission could initiate a public hearing to amend the Commercial section of the Zor.iny Ordinance for the purpose of including this as an allowed use. Recording Secretary Wade then read intn the record the Police Chief's memorandum dated March i8, 1950 regarding tanning studies. A copy of this memo is attached hereto and made a part of this record. RESOLUTIOPJ N0. 188G Com~rrissioner Pack mov~_d that the Planning Commission set Tuesday, MGy 5, 1980 as the date of a public hearing to consider a text amendment to the Commercial secti~;ns of the Zoning Grdinance to allow for the establ ishr,~~~;,t. of tanning studios. This motion was seccnded by Ccmmissioner Fairbanks and unanimously adopted by tre following roll call vote: n AYES: Commissiener•s: Pack, Meyer, Kotowski, Fairbanks, Campos NOES: Commissioners: None ABSENT: Commissioners: Dickson, Kasolas PUBLIC HEARING GP 80-3 Referral (public hearing) from the City Council to Motamedi, H. consider the application of Mr. N. H. Saber-Motamedi for a change in the Land Use Element of the General Plan from "Commercial" to "P~edium Density Residential" for property known as 64 N. Harrison Street in a P-D (Planned Development/Commercial) Zoning District. P•1r. Kee announced that a communication had been received from the applicant on this item requesting a continuance to the April 15, 1980 meeting. Recording Secretary Wade read into the record the. request of the applicant, a copy of which is attached hereto and made a part of these minutes. Chairman Campos then opened the public hearing and invited anyone in the audience to speak for or against this Stem, No one wishing to speak, Commissioner Pack moved that GP 80-3 be continued to the April 15 meeting, seconded by Commissioner Kotowski and unanimously adopted. ARCHITECTURAL APPROVALS S 80-4 Application of Mr. Len Feldheym & Associates on behalf Feldheym, L. of Mr. Guy Ruscigno for approval of plans to construct a 14-unit apartment project on property known as 166 and 180 Shelley Avenue in an R-M (Multiple Family/Low- Pledium Density Residential) Zoning District. Commissioner Kotowski reported that the Site and Architectural Review Committee (Commissioner Pack sitting on the Committee in Commissioner Kasolas' absence) is recommending approval of this application as presented. 1r. Kee stated that staff is also recommending approval. Commissioner Pack then moved that S 80-4 be approved subject to the conditions listed in the Staff Comment Sheet (a copy. of which is attached hereto a.nd made a part of these minutes),. seconded by Commissioner Kotowski and unanimously adopted. *** S 80-11 Application of -Mr. Rohert J. Zipse for approval of Zipse, R. plans. to construct an industrial building on property known as l00 Cristich-Lane in an M-1-S (Light Industrial) Zoning District. -3- Commissioner Kctowskireported that the applicant had submitted revised plans which the Committee did not have an opportunity to review, therefore the Committee is recommending either (1) a continuance of .this item to April 15, or (2) the applicant would refer the plans to the Public t~orks Department for study. and see if a decision could be made prior to this meeting. Mr. Kee stated that the main concern was about easements where parking is indicated. Engineering Manager Helms explained that in order to resolve the concerns regarding the easements it is ..suggested that the applicant submit a title report to the .Public Works Department so that the City would have record documents before officially approving this application. P•1r. Kee further explained that there are no problems with the site plan of the building, only whether or not-this easement would allow parking. The applicant, Mr. 7_ipse, explained the urgency of this matter. He noted he would be agreeable to submitting whatever the Public Works Department felt was necessary in order to clear up any concerns regarding use of the easements. P~1r. Kee suggested that if the Commission wished to approve this applica- tion this evening a condition .could be added requiring that the issue of whether or not the parking stalls are located in an easement be resolved with the Public Works Department prior to issuance of a building permit. Commissioner P~eyer then moved that S 80-11 be approved subject to the conditions listed in the Staff Comment Sheet, with the added condition No. 9 which is to read "Concerns of the Public Works Department regarding use of easements to be resolved prior to issuance of building permit." This motion was seconded by Commissioner Kotowski-and unanimously adopted. A copy of these conditions is attached hereto and made a part of these minutes. *~* S 80-12 Application of Prtr. James A. Billmaier for approval Billmaier, J. of plans to construct 4 condominium units on the rear portion of an existing single-family develop- ment on property known as 60 Shelley Avenue in an R-P~ (Low-Medium Density Residential) Zoning District. Commissioner Kotowski reported that the applicant met with the Site and Architectural Review Committee this morning, and there is a problem with a Fire Department requirement in that there is not sufficient room for fire trucks to turn around. Mr. Kee reported that in his discussion with Mr. Pini in the Fire Department subsequent to the meeting this morning, Mr. Pini indicated that this problem could be resolved, however it would necessitate the elimination of two parking spaces. h1r. Kee then stated that there would be a problem with the elimination of these two spaces in that the requirements of the Zoning Ordinance would not be met. _t~._ After considerable discussion, Commissioner Fairbanks moved that S 80-12 be continued to the meeting of April 15, 1980 in order that revised plans could be submitted which would meet the requirements of the Fire Department as yell as the parking requirements in the Zoning Ordinance. This motion was seconded by Commissioner P~leyer and unanimously adopted. Commissioner Pack then noted that this is a project with an existing building on the lot and wondered if this might be considered at a future study session. P~1r. Kee stated that this subject would be on the agenda for the next study session of the Commission if the Commission so desired. PIIBLIC HEARINGS UP 80-2 This is the time and place for a continued public Youngblood, F. hearing to consider the application of h1 r. Frank Acme & Sons Youngblood and Acme & Sons Sanitation, fora use permit and approval of plans to allo~v the conversion of a residence into an office on property known as 2210 S. Winchester Blvd. in a C-2-S (General Commercial) Zoning District. Commissioner Kotowski reported that the Site and Architectural Revie4~r Committee is recommending approval of this application subject to the added condition that a schematic be provided. P1r.Kee stated that staff is recommending approval of this application as presented. Commissioner Pack elaborated on the Site and Architectural Review Committee report, noting that the applicant was more than vrilling to meet all the conditions of the Committee and assured that there would be an off-site facility to park the sewage collection vehicle. The applicant had also agreed to remove the existing sign in front of the property and apply for a new sign which would be more compatible with the area. 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 Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1885 Commissioner Meyer moved that the Planning Commission adopt Resolution No. 1885 approving the application of P1r. Frank Youngblood and Acme & Sons Sanitation for a use permit and approval of plans to allow the conversion of a residence into an office on property kno~vn as 221 S. ,~;inchester Blvd. in a C-2-S (General Commercial) Zoning District. This motion ~.as seconded by Commissioner Kotowski ar?d unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kotowski, Fairbanks, Campos NOES: Commissioners: hJone ABSENT: Commissioners: Dickson, Kasolas r _n- UP 80-5 This ~is ti,e tier a;re place for a p~.iblic hearing to Carvalho, J. consider r;•:~ -,~;~'' :~ tion of Mfr. Jchn Carvalho fur a use permi~c a.nu approval of plans to construct 9 to;~rnhomes cr. property known as 1075 ~iacienda Avenue in an In~-erim (Law-Medium Density Residential) Zoning District. Commissioner Kotowski reported that the Site and Architectural Review Committee was very much in favor of this application as presented, and is recommending approval. Chairman Campos opened the public heariny and 'invited anyone in the audience to speak for or against this item. f'r.Dennis Schlenz of 1141 N. Peggy Avenue appeared to speak against this project, stating that he felt the density was too high. Mr. Roger Griffin, architect, appeared to report that the property owner, P•1r. Carvalho, tried to take the residents in the area into consideration when determining the density of this project. He noted that 13 units would be allowed, however only 9 units are planned. No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. Commissioner Pack felt that this development would upgrade the area. RESOLUTION N0. 1886 Commissioner Kotowski moved that the Planning. Commission adopt Resolution PJo. 1886 recommending approval of a use permit and approval of plans to construct 9 townhomes on property known as 1075 Hacienda Avenue in an Interim (Lour-Medium Density Residential) Zoning District. This motion was seconded by Commissioner P~eyer and unani- mously adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kotowski, Fairbanks, Campos NOES: Commissioners: None ABSEPJT: Commissioners: Dickson, Kasolas RESOLUTION PJO. 1887 Commissioner Kotowski moved that the Planning Commission adopt Resolution No. 1887 recommending that 1075 Hacienda Avenue be zoned P-D (Planned Development/Low-Medium Density Residential) once the Interim Zone is lifted for this area, seconded by Comrissioner Meyer and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kotowski, Fairbanks, Campos NOES: Commissioners: None ABSENT: Commissioners: Dickson, Kasolas *** -- 6- UP 80-6 Thus is the time and place for a public hearing to P.ooke, M. consider the application of Mr. Michael Rooke for a use permit and approval of plans to establish- a retail store and indoor soccer court in an existing shopping center space located at 96A N. San Tomas Aquino Road in a C-2-S (General Commercial) Zoning District. Mr. Kee reported that-the applicant is requesting a use permit +o allow construction of an indoor soccer court in a vacant section of an existing shopping center (San Tomas Plaza). The proposed soccer court will be located between the D&J Hobby Center and the Campbell Racquetball Club in an area formerly used for retail sale (fabric storej. The proposed use will encompass 4158 square feet of an 8216 square .foot area. The remaining area is to be occupied by a retail store specializing in soccer equipment, a conference room, and a stock room. He further noted that staff is recommending approval of this use permit. Chairman Campos opened the public hearing «nd invited anyone in the audience to speak for or against this item: ' Mr. Rooke, -the applicant, appeared before the Commission to explain that this court would be the first of its kind in .the"area.. He felt this wouid be beneficial to the children in the area"and that there would be space available for spectators. Mr. George Sharrard sppoke in favor of this application noting it e.~ould be motivational to the children in the area. No one wishing to speak, ,Commissioner Kotowski-moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1888 ~ Commissioner Meyer moved that the Planning Commission adopt Resolution No. 1888 approving a use permit and approval of plans to establish a retail store and indoor soccer court in an existing shopping center space located at 96A N. San Tomas Aquino Road in a C-2-S (General Commercial) Zoning District, seconded by Commissioner Pack and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kotowski, Fairbanks, Campos NOES: Commissioners: None ABSENT: Commissioners: Dickson, Kasolas *** GP 80-7 This is the time and place for a continued public City-initiated hearing to consider changing the Land Use Element of the General Plan from Commercial to Low-Medium Density Residential for properties known as 1303 & 1315 Elam Avenue in an R-M (P) (Prezoned Multiple Family/Low-Medium Density Residential) Zoning District. _7_ Mr. I<ee explained that the two pr~peri:ies in this general plan amendment are presently indicated as "Commercial'' cri Lhe Land Ilse Element. 6Jhen the prezoning of this area was considered by the City Council, these two properties were prezoned R-P~1 (P~ultiple Family) in response to the statements made by the property owners. The low-medium density residential land use would be the same as the land use designation for the properties to the west. Chairman Campos opened the public hearing ar,d invited anyone in the audience to speak for or against this item. No one wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. Commissioner Fairbanks stated she understood that the zoning and General Plan must be harmonious, however she felt that this would increase the density in the area thereby creating further traffic problems in the area. P,ESOLUTION f~10. 1889 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1889 recommending that the City Council adopt an ordinance changing the Land Use Element of the General Plan from "Commercial" to "Low-Medium Density Residential" for properties known as 1303 ~ 1315 Elam Avenue in an R-M (P) (Prezoned Multiple Family/Low-Medium Density Residential) Zoning District. This motion was seconded by Commissioner Kotowski and adopted by the following roll call vote: AYES: Commissioners: Pack, P~eyer, Kotowski, Campos NOES: Commissioners: Fairbanks ABSENT: Commissioners: Dickson, Kasolas *** The Commission took a break at 8:55 p.m.; the meeting reconvened at 9:10 p.m. It was the consensus of the Commission- to consider both Items P!o. 10 & 13 simultaneously since they are directly related. ZC 79-6 Continued referral from the City Council to consider SM&J Land Co. a revised application of SM&J Land Co. for a change of zoning from R-1 (Single Family Residential) to P-D (Planned Development) and approval of plans to develop property kno~~rn as 599 E1 Patio Drive. TS 79-24 Lands of Carl Franklin, Tentative Subdivision Plap Lands of Carl APN 279-45-7. Franklin r1r. Kee explained that staff is recommending a continuance of these two items to the first meeting in May since there has not been sufficient time for staff to review the revised plans submitted. He also noted that a formal application -8- has been made to the Historic Pres1-•vation Board to have the existing residence on this site considered for designation as an Historical Landmark. The Board has set April 22, 1980 as the date to consider the landmark designation. Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. Mr. Lon Mills, architect for the project, explained to the Commission the background of this item, noting that the Council had referred it back to the Commission. He stated that they had submitted revised plans, however subsequently the Historic Preservation Board had scheduled a public hearing to consider the existing residence on this .site as an Historical Landmark.. He felt it would be best to demolish this structure. He felt a two-week continuance would be in order, however a month would be too long. Commissioner Kotowski expressed his-confusion as to whether or not the Council desires to have this residence removed or for it to remain. He noted that the Commission does not have any guidelines to go by, and stated that he is in a quandary. ~~tr. Kee again summarized the actions taken thus far on the application for this site; he noted that the Commission could reaffirm its action previously taken on this site or change its recommendation. Commissioner Pack felt that the developer has been put in an awkward position. She expressed her concern about the City's being able to designate private property as historical landmarks, thereby prohibiting possible development of private property. Commissioner Kotowski went on record stating that he also feels that privately ovaned property should not be designated by the City as an Historical Landmark, noting that property owners should have the right to do what they wish with their property. He felt the Historical Preservation Board should be notified of this evening's actions and wondered if the Commission could possibly meet with the Board. Mr. Kee stated that this could be arranged. Commissioner Pack then moved that ZC 79-6 and TS 79-24 be continued to the April 15, 1980 Planning Commission meeting and that the comments regarding these applications be forwarded to the Historic Preservation Board, seconded by Commissioner Meyer and unanimously adopted. *** At this time it was the consensus of the Commission that Item No. 17 be considered since the applicant was the only person in the audience. MISCELLAP~EOUS Staff Report Staff Report on "Rascal's" located in The Factory. Mr. Kee explained the background on this item, noting that the ovaners are present to answer any questions on this matter. Ne noted that this parti- cular area in question had been approved under a use permit, allowing food -y- ~~nd beverage and that a restaurant use with dancing and entertainment would fall within this definition. Commissioner Pack reminded the Commission that when this use permit was originally approved its main use would be a restaurant with a small dance area for "disco" dancing. She felt that in any future approval for this area the Commission should be very specific. Mr. Anthony Trepel, 99 Almaden Blvd., Suite 850, San Jose, attorney for the applicant, explained that there is a new tenant at the site in question, and the tenant is now asking for an entertainment permit for the original use as proposed; they are not proposing male dancers for this site and the Police Chief has been made aware of this fact. Commissioner Pack inquired abou± live entertainment, and wondered if that could possibly be defined in some vaay to be included in the use permit. City Attorney Dempster stated that he could work with the applicant's attorney to arrive at mutually acceptable definitions for inclusion in the use permit. The applicant's attorney was agreeable to this. Commissioner Pleyer then moved that this item be continued to the Planning Commission meeting of April 15, 1980 in order that the City Attorney and the applicant's attorney could arrive at mutually acceptable wording for inclusion in approval of this application. This motion v~ras seconded by Commissioner Kotowski and unanimously adopted. PUBLIC HEARINGS ZC 80-2 This is the time and place for a public hearing City-initiated to consider a change of zoning-from R-M (P) (Prezoned Multiple Family/Low-Medium Density Residential) to P-D (P) (Prezoned Planned Development/Low-Medium Density Residential) for properties known as 60 & 74 Redding Road. Mr. Kee explained that this action is a matter of bookkeeping in order to allow the zoning to be consistent with with the General Plan. He gave background on this item noting that On December 10, 1979 t~~e City Council approved the application known as P~J:79-11 to allo4~~ the construction of 12 townhomes on the subject properties. Ordinance No. 1256 t5.~hich approved the plans, elevations and development schedule, stipulated that the approval t~-ould not become effective until- the subject properties were annexed into the City. On December 10, 1979 the Council also authorized the staff to proceed with the annexation of the two parcels at once, rather than waiting for the entire county island to be annexed under MORGA. l~lhen this area was considered for prezoning under P~ORGA, the subject properties were prezoned R-M (Multiple Family/Low-Medium Density). Since LAFCO took action on March 12, 1980 directing the City to complete the annexation, it would now be appropriate for the Commission to recommend P-D prezoning for both of the subject properties. The P-D prezoning would be consistent with the. approved to-~rnhouse development for the site. -10- Commissioner Fairbanks expressed concern about this area, noting she felt it should be of lower density to conserve open space and landscaping. Chairman Ca~pos 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 the public hearing be closed, seconded by Commissioner Cleyer and unanimously adopted. RESOLUTIOPJ N0. 1890 Commissioner Pack moved that the Planning Commission, adopt Resolution No. 1890 recommending that the City Council consider a change of zoning from R-ht (P) (Prezoned Multiple Family/Low-Medium Density Residential) to P-D (P) (Prezo.ned Planned Development/Lour-Medium Density Residential) for properties kno~~m. as 60 and 74 Redding Road, seconded by Commissioner t<1eyer and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, C~leyer, Kotowski, Fairbanks, Campos tJOES: Commissioners: None ABSENT: Commissioners: .Dickson, Kasolas TA 80-1 This ~is the time and place for a continued public hearing to consider amendments to the Campbell Rlunicipal Code pertaining to hot tub-sauna establishments, massage establishments, arcades, pool and billiard parlors, and pawn bro{:ers. "fir. Kee reported that at its meeting of March 4, 1980 this-.matter vras continued in order to allow additional time for the City Attorney to review the draft text amendment in greater detail. On March il, 1980 staff received, from the Police Department, a revised copy of the proposed text amendment, as it pertains to the definitions of hot tubs and sauna establishments (Proposed Section 21.02.233). Commissioner Kotowski noted that in the third paragraph under, "21.02.233" there had been a line deleted in the third line after the word "California,..."; and he felt that the word "show" in the fifth paragraph, line tyro, should have been "shower." Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. No one wishing to be heard, Commissioner Kotowski moved that this item be continued to April 15 in order that a revised and corrected Exhibit A could be prepared for the Commission's consideration. This motion was seconded by Commissioner Pleyer and unanimously adopted. -11- MISCELLANEOUS ZC 78-15 Request for' a one year extension of time for Jackson Homes previously approved plans for property known as 1428 & 1440 W. Hacienda Avenue. Mr. Kee explained that the applicant is requesting a one year continuance of the previously approved plans for the subject project. Commissioner Pack moved that the Planning Commission recommend that the City Council extend its approval of the subject development schedule for a period Qf one year subject to the previous conditions of approval, seconded by Commissioner Fairbanks and unanimously adopted. *** TS 79-G Lands of Cook, Trostel & Texara, Tentative Lands of Cook, Subdivision f4ap. APN 403-16-2, 61 & 62 Trostel & Texara h1r. Kee reported that this item is directly related to the previously approved item on this agenda (ZC 78-15), and staff is recommending approval of this one-year reinstatement. Comr.~issioner Pack then moved that the Planning Commission recommend that the City Council extend its approval of this map for a period of one year subject to the previous conditions, seconded by Commissioner Fairbanks and unanimously adopted. *** Report Micro-Chassis, Inc., 545 Westchester Drive S 79-47 P1r. Kee stated that f•1icro-Chassis submitted the subject progress report in accord with the Commission's request. At this time Commissioner Pack moved that the Planning Commission accept and file the applicant's progress report, seconded by Commissioner Kotowski and unanimously adopted. A copy of this report is attached hereto and made a part of these minutes. Appointments to Planning Commission Subcommittees for 1980 Chairman Campos announced the appointments for 1980. Anew list of these appointments is attached hereto and made a part of these minutes. -12- Communication from the Historic Preservation board regarding "Architectural Revie~~r of Projects which may include Structures of Historic Significance." t~1r. Stafford reported that at its meeting of March 25, 1980 the Historic Preservation Board considered the fact that as fewer and fewer vacant lots remain in the City for development, the pressures to redevelop parcels which have existing structures will undoubtedly increase. Pursuant to this, the Board has taken action to request that the staff notify the Commission, as part of a project's architectural revie~r, if a proposal for development calls for removal or demolition of any structures wf~ich are included in Campbell's Historic Survey. This request of the Board is directly related to the finding vrhich must be made for any project regarding the projects archaeological or historical significance. The specific question ti~rhich must be addressed as part of the project's environmental review is: "Will the proposal result in alteration of a significant archaeological or historical site, structure, object or building?" Commissioner Koto~~rski expressed his concern about the length of time involved in reviewing applications and wondered if this procedure might add an undue length of time in considering a project for approval. He felt the Historic Preservation Board should be made aware of the Commission's queries. Commissioner Pack expressed concern about EIR's covering questions such as ones the Board might have and ~-rondered if EIR's should be required. She also felt that an undue length of time might be involved in this process ~-rhich t~rould be unfair to the developer and property ovrner. She also urondered about con- straints on property; i.e., if one house should remain could other units be built in back of such historically noted homes. She felt a study session should be held in order to respond to some of the concerns expressed. It eras the consensus of the Commission that the Historic Preservation Board and Planning Commission hold a study session in order to address some of the concerns expressed. ~1r. Kee noted that a joint study session 4~rould be scheduled for either Tuesday, April 8, or Thursday, April 10, 1980 in order to address concerns expressed this evening. He further noted that each member would be advised of the date as soon as it is determined. * ~ ADJOURf~f~lE"dT Commissioner Meyer moved that the meeting be adjourned, seconded by Commissioner Pack and unanimously adopted. 1-he meeting adjourned at 10:14 p.m. APPROVED: ATTEST: Arthur A. Kee, Secretary RECORDED: Jeannine Wade, Recording Secretary Dan Campos, Chairman