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PC Min 03/18/1980PLANPJING COMPIISSION CITY OF CAMPBEL, CALIFORNIA, TUESDAY, 7:30 P.M. MINUTES MARCH 18, 1980 The Planning Commission of the City of Carnpu~~i~ convened this day in regular session at the regular meeting place, the C:omc-~i ;,hambers of the City Hall,. 75 North Central Avenue, Campbell , Cal ifcrni~~. ROLL CALL Present Commissioners: Pack, Meyer, Koto4rski, Fairbanks, Acting Chairman Kasolas; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering P~anager Bili Helms, City Attorney J. Robert Dempster, Recording Secretary Jeannine Wade. Absent APPROVAL OF MINUTES COMh1UNICATIONS Commissioner Dickson and Chairman Campos. Commissioner Pack noted that on Page 10, Paragraph 2 of the minutes of the Parch 4 meeting, she felt the discussion regarding the size of the lots (minimum 6,000 s.f.) should have been specifically mentioned since one' of the reasons for granting a conditional exception to allow an existing house to be located- within 10 feet of the proposed street side yard was in order that each lot would retain the minimum 6,000 square feet as required in the Zoning Ordinance. She -felt this inror= mation should be available for ahe City Council. Commissioner Pack. then moved that the minutes of March 4 be approved as amended above, seconded by Commissioner Fairbanks and unanimously adopte-d. Mr. Kee reported that other than Item No. 1 on this evening's agenda and a letter regarding property en Central Avenue from Lillian Maloney (which will be discussed later in the meeting) communications received relate to specific items on the agenda dnd would be discussed at the time those items are considered. 1. 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. h1r. Kee reported that staff's recommendation is that .the Commission adopt a resolution determining that tanning studios are an allowed use in a C-2 (General Commercial) Zoning District, ho~•~ever the Police Chief (as noted in his memo dated March 18, and attached hereto and made a part of these minutes) feels that a use permit (subject to approval of the. Planning Commission) should be a requirement.- . -2- Acting Chairman Kasolas opened this items for discussion. Commissioner Pack felt that, it might be best to require a use permit since this is a new type of use and she. had read adverse articles on this type of facility stating that it might have some detrimental effects. Pir. Tom Spillsbury of Campbell, applicant, appeared to explain the process which would be used. He noted-that other cities have approved this use without requiring a use permit. Commissioner Fairbanks also expressed her concern about the health and safety factors regarding this type of use, and inquired if the FDA had any standards which must be met. Mr. Spillsbury explained that there were not requirements which must be handed out to persons using the facility, however there are safety factors which must be met. After further discussion it was stated that it might be appropriate for the applicant to meet with the Police Chief before a decision is made by the Commission. The applicant was agreeable to this recommendation. Commissioner Pack then moved that this item be continued to the April 1 Planning Commission meeting in order that the applicant could meet with the Police Chief and that questions regarding FDA requirements could be answered. This motion was .seconded by Commissioner Meyer and unanimously adopted. *** 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 a M-1-S (Light Industrial) Zoning District. Acting Chairman Kasolas reported that after meeting with the Site and Architectural Review Committee this morning (Commissioners Kasolas and Kotowski representing the Commission), the applicant requested a continuance to the April 15 meeting. Commissioner Meyer moved that S 79-48 be continued to the April 15 Planning Commission meeting, seconded by Commissioner Pack and unanimously adopted. *** S 80-10 Application of Ashlock and Paradies, Inc., for approval Ashlock & of plans to construct an office/warehouse building on Paradies, Inc. property known as 1129 Dell Avenue in an M-1-S (Light Industrial) Zoning District. Commissioner Kasolas reported that the Site and Architectural Review Committee is recommending approval of this application, leaving the determination regarding parking spaces to the full Commission, and adding a condition that "on-site trash enclosure to be determined and approved by the Planning Director." - 3- qtr. Kee reported that the proposed st:~s~~cu:L will encompass 4,312 square feet of office space and 2,688 square feet o'. =.va~~~ehouse area. The Planning Commission has generally required 1 parking space fcr every 200 square feet of office area and 1 space for every 500 square feet of way^ehouse area. If these standards are applied in this case, the applicant will be required to provide 21.56 spaces for the proposed office space and 5.38 spaces for the proposed -aarehouse space or a combined total of 27 (26.94) spaces. The applicant is providing 26 spaces (17 regular, 8 compact, and 1 for the handicapped). Staff is recommending that the proposed building be reduced in size so that the amount of parking may con- form to the parking space requirements applied by the Planning Commission in previous applications. Furthermore, staff is recommending that one compact stall be converted to a standard size stall because the number of compact stalls exceeds 30 percent of the total parking provided. Section 21.50.020(14) of the Zoning Ordinance provides that the total number of compact car stalls shall not exceed 30 percent of the total parking provided. The number of compact stalls will equal 27 percent of the total parking provided if one. compact space is converted to a standard size space. It was the consensus of the Commission that 26 parking. spaces would be sufficient for this project. Commissioner Pack then moved that S 80-10 be approved, subject to the conditions listed in the Staff Comment Sheet (a ,copy of which is attached hereto and made a part of these minutes), eliminating PJo. 9 since it is felt that 26 parking spaces would be adequate, and adding the condition that "Location of tras!~ enclosure to be approved by the Planning Director prior to application for building permit." This motion taas seconded by Commissioner Meyer and unanimously adopted. PUBLIC HEARINGS ZC 80-1 This is the time and place for a City-initiated City-initiated public hearing to consider a change of zoning from P-0 (Professional Office) and C-3-S (Central Business District) to R-2-S (Multiple Family/Medium Density Residential) or P-D (Planned Developmentlt~edium Density Residential) for properties known as 31, 41, 51 i~ 54 Mission I~ay. Mr. Kee reported that at its meeting of February 25, 1980, the City Council took action to amend the Land Use Element of the General Plan for the subject properties to "Medium Density Residential". State law requires that a Zoning Ordinance be consistent with the General Plan and for this reason ,staff is recommending that the Planning Commission adopt a resolution recommending a zone change to P-D (Planned Development/P~ledium Density Residential). Staff is recommending the P-D Zoning for these properties because of their location on a private street (Mission lay); the P-D Zoning would allow greater flexibility for the property owners, should they decide to redevelop the parcels, while at the same time providing the City with greater control over future development. Acting Chairman Kasolas opened the public hearing and invited anyone in the audience to speak for or against this item. -4- No one wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner ~,leyer and unanimously adopted. RESOLUTION N0. 1883 Commissioner Meyer moved that the Planning Commission adopt R~>>ol uti on i~1o. 1883 recommending that the City Council change the zoning from P-0 (Professional Office) and C-3-S (Central Business District) to P-D (Planned Development/Medium Density Residential) for properties known as 31, 41, 51 and 54 Mission Way, seconded by Commissioner Fack and unanimously adopted by the following roil call vote r AYES: Commissioners: Pack, P1eyer, Kotovlski, Fairbanks, Kasolas PJOES: Commissioners: None ABSEPdT: Commissioners: Dickson, Campos ~** 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., for a variance from Sections 21.48.020, 21.48;030, and 21.48.040 of the Campbell P4unicipal Code to allow construction of a parking structure on property known as 350 Budd Avenue in an R-3-S (Multiple Family/High Density Residential) Zoning District. Mr. Kee reported that- this "item was continued from the meeting of December 18, 1979 in order that the City could develop standards for condominium conversions, and the applicant could prepare an E.I.R. As of this writing the conversion standards have not been adopted, and the .applicant has not .submitted the E.I.R. This item is directly related to the application known as S 79-25, which is also on this agenda. Staff is of the opinion that this item should be continued for 60 days, in accord with the applicant's request dated February 12, 1980. Acting Chairman Kasolas invited anyone in the audience to speak on this item. No one wishing to speak, Commissioner P~eyer moved that this item be continued to the Planning Commission meeting of Piay 20,_1980, seconded by Commissioner Pack and unanimously adopted. *** S 79-25 This is the time and place for consideration of a Landberg, D. continued application of Mr. Donald C. Landberg and Ruth & Going, Inc., for approval of plans to construct a parking structure and convert an apart- ment complex iota condominiums on property known as 350 Budd Avenue in an R-3-S (Multiple Family/High Density P,esi denti al) "1_oni ng District. h1r. Kee reported teat this i.em was continued from the meeting of December 18, 1979 in order that the City could develop standards for condominium conversions, and the applicant could prepare an E.I.R. As of this writing the conversion standards have not been adopted, ar,d the applicant has not submitted the E.I.R. -5- This item is directly related to the application ?cnown as 'J 79-1, which is also on this agenda. Staff is of the opinion that this item should be continued for 60 days, in accord with the applica.n~'s requz.st c?aced February 12, 1980. Commissioner Pac?c moved that S 7C'-2~ c~;: Conti ~~aed to the Play 20, 1980, F1 anni ng Commission meeting, seconded by Commissioner Kotowski and unanimously adopted. It a~as requested of staff That the applicant be not~if-ied of the status of the Condominium Conversion ordinance. Plr. I<ee stated that staff would be natifyin~7 the applicant of the action taken at this evening's meeting and the status of the ordinance. h1ISCELLAPJEOUS Staff Report Staff report on the Campbell Skateboard Paric located on property known as 2155 S. Bascom Avenue in a C-2-S .(General Commercial) Zoning District. Plr. I:ee reported that on February 19, 1980 the Commission considered a letter from Plr. Dave Brady which listed reasons. why, in his opinion, the ovrners/ operators of the Campbell Skateboard Parlc are not adequately maintaining and supervising their facilities. A copy of this letter is attached hereto and made a part of these minutes. This-item was continued in order that staff could reviev~ Plr. Brady's complaints, and in order that both P1r. Grady and representatives of the skateboard pars: could be present at the Commission meeting. Inspection of the property revealed that the pool areas are clean. The o~~m er of the park has submitted a letter which ,answers F1r. Brady's concerns (a copy of which is also attached). Staff is concerned vaith the applicant's expansion of the skateboard facilities to include bicycles. If t{~e Commission determines that bicycles should be allowed on these facilities, staff is of the opinion t?gat the use permit should be reviewed and modified. Acting Chairman Kasolas inquired if the .City Attorney could review vaith the Commission the procedures and findings in order to make a determination that a reopening of a public hearing might be in order to consider revocation of the use permit. City Attorney Dempster reviewed with the Commission findings that could be considered, i. e., detrimental to the health, safety, welfare... of the neighborhood. He noted, hov~ever, that in this case the first tvao items mentioned in P1r. Brady's letter involve safety; he felt it would not be in the best interest of the Commission to get. into regulations of safety. After further discussion, Commissioner f~•leyer moved that the Planning Commission determine that there is no need for a public hearing to consider modifications of the use permit for the skateboard park located at 2155 S. Bascom Avenue. This motion vas seconded by Commissioner Kotowski. Commissioner Fairbanks expressed her concern about safety and the use of bicycles at the site. -6- Vote on motion AYES: Commissioners: Pac'<, t~~eyer, Kotowski, Kasolas NOES: Commissioners: Fairbanks ABSENT: Commissioners: !?ic'~sos~, ~amr.^s * ~ Staff Report Staff report on "Rascal's" located in The Factory. Acting Chairman. Kasolas, noting that there ~is not a full Commission present, inquired of the representative of The Factory (Uon blinchester) if he would like a continuance to the next meeting in order that this could be heard by a full Commission. her. l~linchester agreed to a continuance of t{•~is item to the next meeting. Commissioner Pack then moved that this item be continued to the April 1, 1980 Planning Commission meeting, seconded by Commissione,~ Meyer and unanimously adopted.. - ~: ~: The Commission took a brea{< at 8:55 p. m.; the meeting reconvened at 9:15 p.m. *~* Referral from Continued referral from the City Council regarding City Council Interim Zone status, San Tomas Area. Mr. Kee noted that comments from Commissioners Pack, Kasolas and Koto~~~ski are at each Commissioner's station (a copy of each is attached hereto and made a part of these minutes). He further reported-that he had reported to the Council at last evening's meeting (San Tomas Task Force meeting), that the Commission's comments would be forthcoming. He noted this would include all comments received from Commissioners as well as minutes of meetings at which the subject had been discussed. Acting Chairman Kasolas expressed his objection to the opinion poll as mentioned in the report, noting it was not scientifically done and little reliance could be placed on the results. It was the consensus of the Commission that all Commissioners' comments as well as minutes of meetings at which this subject aras discussed be forwarded to th:: Council for their information. ~~* Appointments to Planning Com~rission Subcommittees for 1980. Acting C{airman Kasolas noto~ that this item vould be contin~.~ed to the next meeting (April 1, 1980) in order that the Chair could make the appoin±ments. :~ _7_ COMP1UNICATIONS Letter from Lillian Maloney - owner of property at i47 N. Central, Avenue. Mr. Kee noted that a communication had been received from Pers. Maloney expressing her concern about the project approved adjacent to her property (ZC 79-10). Recording Secretary U1ade read into the record a letter from Mrs. Maloney, dated March 17, 1980 (a copy of which is attached hereto and made a part of this record). Commissioner Kotowski moved that the Commission. fo n~rard this on to the City Council for their information - noting the restoration of historical sites in Campbell - and respond to h1rs. Maloney's letter assuring her that proper landscaping and fencing ~~~ould be required on the project approved adjacent to her property. This .motion was seconded by Commissioner Fairbanks and unanimously adopted. **~ Items Brought Up By Commissioners At this time Commissioner Fairbanks inquired if the Commission had considered having a place on the agenda for "Oral. Requests". Mr. Kee noted that usually encouragement had been given to communicate with the Commission in writing; however. under the "Communications"~ portion of the agenda one could approach the Chair in order to be heard. After considerable discussion regarding this subject, it was the consensus that this be a topic for a future "Study Session". *** Commissioner Pack inquired if any date had been set for a luncheon honoring Commissioner Vierhus. Acting Chairman Kasolas noted that he is working on this. *** ADJOURPIPIENT -Commissioner Pleyer moved that the meeting be adjourned, seconded by Commissioner Pack and unanimously adopted. The meeting adjourned at 9:47 p.m. ATTEST: Arthur A. Kee, Secretary APPROVED: George C. Kaso as Acting Chairman RECORDED: eannine Wa e, Recording Secretary