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PC Min 03/04/1980PLANNING CO"•1MISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. P~IINUTES MARCH 4, 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: Pack, P~leyer, Kasolas, Fairbanks;. Chairman Campos; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering. P9anager Bill Helms, Acting City Attorney Brian Duckworth, Recording. Secretary Jeannine glade. Absent Commissioners Dickson and Kotowski. APPROVAL OF MINUTES Regular Meeting of Commissioner Fairbanks noted that for the minutes February 19, 1980 of February l~, ©n page 6, seventh paragraph (third and Adjourned Meeting frcm the bottom of the page), she did not withdraw of February 21, 1980 her motion,. but that it died for a lack of a second. Commissioner Meyer then moved that the minutes of February`19 be approved as amended above and that the minutes of February 21 be approved as submitted. This mot ion was 'seconded by Commissioner Pack and unanimously .adopted. C0~~1P1UNICATIONS 11r. Kee reported that corranunications received relate to specific items on the agenda and would be discussed at the time those items are considered. ARCHITECTURAL APPROVALS S 80-6 Application of Mr. Clyde C. Shaw on behalf of Shaw, C. & Ultra- Ultra-Pure Systems, Inc. for approval of plans to Pure Systems, Inc. construct an additional warehouse and office space in an existing building located on property known as 1150 Dell Avenue in an M-1-S (Light Industrial) Zoning Distr~;ct. Co~~missioner Kasolas reported that Commissioner Fairbanks had joined him to sit on the Site and Architectural r:evie~~; Committee this morning representing the Commission. He noted that the Committee, after meeting with the appii~ant, is recommending approval of this application subject to the conditions listed in the Staff Comment Sheet. Commissioner Pack then mc~~~ed that S 80--6 L•P apc~°oved su5,ject to the conditions listed in the Staff Comment Sheet (a ccay of ~<rhich is att~;ched ~~ereto and made a part of these minutes), seccnded by Commissions-_r Meyer and unanimously adopted. "!f .. .. -2- S 80-7 Appl icat~in;, or irt~°. Eldred Kunkel for approval of Kunkel, E. plans to construct an office-warehouse building . on property known as 1350 Dell Avenue in a CM:B-40 (Contr^olled Manufacturing) Zoning District. Commissioner Kasolas reported that after meeting with the Site and Architectural Review Committee this morning, the applicant is agreeable to the plans as red- lined and the Committee is suggesting that the applicant meet with the Public 4Jorks Department and Planning [?epartment to remove the southerly driveway if necessary, as marked on the plans. iie further noted that there would be no problem in reducing one parking space if needed which would be directly north of the redlining on the plans. He noted this would be considered a minor modification and could be handled at staff level. There being no discussion, Commissioner Kasolas moved that the Planning Commission approve S 80-7 subject to the conditions listed in the Staff Comment Sheet (a copy of which is attached hereto and made a part of these minutes), as well as-the added condition recommended by the Site and Architectural Review Committee: "If one parking space is deleted at the southerly driveway, as a condition of the Public Works Department, that the revised site plan be handled by staff as a minor modification to the approved plan." This motion was seconded by Commissioner Pack and unanimously adopted. ~ ~ S 80-8 Application of Mr. Robert Ldalker for approval of :~Jalker, R. plans to .construct a professional office building on property known as 62 San Tomas Aquino Road in a C-2-S (Commercial) Zoning C~istrict. Commissioner Kasolas reported that after discussing this application at length with the applicant's representative, P4r. 6ruce Johnson, the Committee is recomrnending approval subject to the conditions listed in the Staff Comment Sheet with revision to the wording of Condition No. 3 to include "sprinkler system ... and colored chips of exterior materials (preferably earth tones)... Planning Director and Site and Architectural Review Committee..." Conrnissioner Kasolas when moved that S 80-8 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) which is to include the revised wording of Condition No. 3 as recommended by the Site and Architectural Review Committee (noted above). This motion was seconded by Commissioner Fairbanks and unanimously adopted. *** S 80-9 Application of Mr. Brad Kunkel on behalf of Bradko Kunkel, B. & Enterprises for approval of plans to construct 5 Bradko Enterprises condominium units on property known as 197 N. Central Avenue i n an R-P1 (Pqul ti pl e Family/Low-t~ledi um Density Residential) Zoning District. -3_ Commissioner Kasolas reported that. the Site and Architectural Review Committee is recommending approval of this application subject to the added condition that the applicant install automatic garage door openers and try to save the existing trees, and if the trees cannot be saved, replace them. The applicant is agreeable to these added conditions. Commissioner Pack then moved that S 80-9 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) as well as those recommended by the Committee. This motion was seconded by Commissioner Kasolas and unanimously adopted.. *** PUBLIC HEARINGS UP 79-30 This is the time and place for a continued public Getreu, S. - hearing to consider the application of Mr. Sanford Getreu, AICP, fora use permit and approval of plans to allow the addition of 5 zero lot line single-family homes to an existing single-family development located • ors property known as 722~Budd Avenue in an Interim (Low Density Residential) Zoning District. P•1r. Kee reported that a letter had been received from the applicant requesting that his application be withdrawn; therefore, staff. is recommending that the Commi'ssior, adopt a reso lution denying without prejudice UP 79-30 at the appli- cant's request.. Chairman Campos noted t hat this is a continued public hearing and invited anyone in the audience to speak on this item. No one wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Pleyer and unanimously adopted. RESOLUTION N0. 1878 Commissioner Pack moved that the Planning Commission adopt a resolution recommending denial tiNithout pre- judice of UP 79j30 since the applicant has requested that his application for 722 Budd Avenue be withdrawn. This was seconded by Commissioner Pleyer and unani- mously adopted by the following roll call vote: AYES: Commissioners: Pack:, Meyer, Kasoias, Fairbanks, Carnpos NOES: Commissioners: None ABSEfdT: Commissioners: Dickson, Koto~l+ski * ~ UP 80-1 This is the time and place fora public hearing to Brovmi ng , D. consider the application cf ~9r. Dave Brovrni ng for a use permit and approval of plans to construct an office building on property known as 2885 S. t~inchester Blvd. in an Interim (Commercial) Zoning District. -4- Mr. Kee explained that this item had been ,,onsi.iered by the Site and Archi- tectural Review Committee at its rebruary l9 meeting. Commissioner Kasolas reported that; ~ ., ;~;~;;;;- tee recommended approval of the plans as redlined. Mr. Stafford explained the •redlining of the plans, which provide for extension of the pedestrian walkway. Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. Mr. Reisinger of 2921 Winchester Blvd. (European Motors) inquired about the landscaping for the area since the skateboard park had failed to keep up their landscaping. Mr. Kee responded that the applicant would be coming back with both fencing and landscaping plans to be approved by the Planning Department. No one else wishing to speak,. Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1879 Commissioner Pack moved that UP 80-1 be approved subject to the conditions listed in the Staff Comment Sheet with the added wording to Conditions No. 2 and 3 that the fencing and landscaping plans come back to the Site and Architectural Review- Committee. This motion was seconded by Commissioner Meyer and unanimously adopted by the following roll -call vote: AYES: Commissioners: Pack, Meyer, Kasolas, Fairbanks, Campos NOES: Commissioners: None ABSENT: Commissioners: Dickson, Kotowski ~** UP 80-2 This is the time and place fora public hearing to Youngblood, F. consider the application of Frank an~i Diane Young- Acme & Sons blood, and Acme and Sons Sanitation, for a use permit and approval of plans to allow the conversion of a residence into an office on property known as 2211 S. .Winchester Blvd. in a C-2-S (General Commercial) Zoning District. Commissioner Kasolas reported that after meeting with the Site and Archi- tectural Review Committee this morning, the Committee is recommending that this item be continued to April l in order that ingress/egress problems can be resolved. He noted that the applicant is agreeable to this recommendation. Chairman Campos declared the public hearing open and invited anyone in the audience to speak for or against this ite:~. P9s. Judy Neal of Alice Avenue appeared before the Commission to express her concern about the wear-and tear on the alley way by the use of heavy equip- ment,. in addition to a flooding problem in the alley way. -5- No one else wishing to speak, Commissioner Kasolas moved that. UP 80-2 be continued to April 1, 1980, seconded by Corrnnissioner Fairbanks and unani- mously adopted. UP 80-3 This is the time and place for a public hearing to Harris, R. & consider the application of Mr. Ron Harris on behalf Allstate Land- of Allstate Landscaping & P1asonry for a use permit and scaping & Masonry approval of plans to construct a warehouse/office building on property known as 241 L~J. Sunnyoaks Avenue in a P-D .(Planned Development/Office-Commercial or Industrial) Zoning District. Commissioner Kasolas reported that the applicant had met !vith the Site and Architectural P,eview Committee this morning. He noted that there had been the submission of an original proposal as well as a revised proposal. Fie noted that the original proposal speaks to concerns of Sunnyoaks and the line df sight of traffic, and curb. cut as wail as ingress and egress. The revised proposal speaks ,to concerns bro!:aht up by the ad,~oining property owners--which reduces the landscaping in the front of the building. He noted the Committee is recorr~er,ding approval, leaving the location of the building to be determined by 'the full Commission (either the originally submitted proposal or the revised ;proposal). Chairman Campos opened the public hearing .and invited anyone in the audience to speak for or against this project. Mr. Dodd ~Joodstock of 970 Old Orchard Road appeared to speak in favor of the revised plans as submitted. He noted the applicant's architect had. met with some of the. property owners in order to try t.0 resolve some of the concerns about this site. ~`ie then inquired if somehow the height of the building might be shortened. f~1r. Kee noted that the height of this building is within the Zoning Ordinance. At this time Commissioner Kasolas noted that the applicant had not yet arrived, and since the Committee told him that this probably would be considered between 9-9:15 p.m. this evening, he inquired if it might be in order for the Commission to continue with the agenda until the applicant arrives. It was the consensus of the Coi,~mission tf-iat they move on to the next item on this evening's agenda. ~~~ UP 80-4 This is the time and place for a public hearing to Irvine, ~1. consider the appl i cati on of ~~1r. rfli 11 i am G. Irvine fora use permit and approval of plans to construct 24 townhouses or property known as 655 l~J. Hacienda Avenue in an Interim (P-tedium Density Residential) Zoning District. -6-~ Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning, and the Committee is recommending approval of this application as submitted with the added condition that the applicant is to install automatic garage door openers to encourage use of the garage area for parking and not storage, and that 12 spaces to the rear of the property be maintained and properly marked for "visitor parking." Mr. Kee explained that the applicant is proposing to construct 24 townhouses on a vacant 70,218 square foot parcel. The resulting density is approximately 11.4 units per gross acre. The proposed structures grill cover approximately 38.8% of the 2.1 gross acre site (1.6 acres net). He noted the General Plan would allow up to 20 units per gross acre. Building materials are indicated as textured stucco walls with rough, sawn redwood trim and horizontal redwood slats and a medium grade red cedar shake roof. The applicant is providing 60 standard size parking spaces (48 covered and 12 uncovered).for a parking ratio of 2.5 spaces per unit, which is consistent with the requirements of the Zoning Ordinance. .The site plan indicates that approximately 37.8% of the site will be landscaped. Commissioner Fairbanks inquired about the Circulation Element of the General Plan for this area. Engineering P•lanager Helms explained that ultimately it is proposed for Hacienda to be four lanes and Capr-~ to be two lanes, which should be sufficient to handle the traffic in this area. Chairman Campos opened the public hearing and- invited anyone in. the audience to speak for_ or against this project. Mr. Bill Irvine appeared before the Commission to answer any questions the Commission might.hawe, and noted, that he had no objection to the added condition regarding installation of automatic garage door openers. No on,e else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1881 Commissioner Kasolas moved that the Planning Commission adopt Resolution No. 1881 recommending that UP 80-4 be approved subject to the conditions listed in the Staff Comment Sheet with the added condition that ail covered parking areas be equipped with automatic garage door openers. This motion was seconded by Commissioner Meyer and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kasolas, Fairbanks, Campos NOES: Commissioners: None ABSENT: Commissioners: Dickson, Kotowski ~ ~ ~ The Commission took a break at 8:50 p.m.Y the meeting reconvened. at 9:05 p.m. -7- 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 kesidential for properties known as 1303 & 1315 Elam Avenue in an R-hi (P) (Prezoned Multiple Family/Low-Medium Density Residential) Zoninq_ District. Mr. Kee reported that once again staff is recommending a continuance of this item in order that it could be noticed in the newspaper properly, noting that this should have been noticed "in an R-M (P) (Prezoned Multiple Family/Low- Medium Density Residential) Zoning District. Commissioner Pack then moved that GP 80-7 be continued to the first meeting in April, seconded by Commissioner Meyer and unanimously adopted in order that it could be renoticed in the newspaper. TA 80-1 This is the time and place fora public hearing to consider amendments to the Campbell Municipal Code pertaining to hot tub-sauna establishments, message establishments, arcades, pool and billiard parlors, and pawn brokers. Mr. Kee reported that the Police Chief had indicated to the staff that there is a need for stricter control of these types of businesses. One method of providing this control would be to require approval of a Ilse Permit from the Planning Commission prior to issuance of a business license. The proposed text amendments as drafted add the referenced types of businesses to the list of uses requiring Use Permit in the C-1 (Neighborhood Commercial), C-2 (General Commercial), and C-3 (Central Business) Zoning Districts. In addition, Section 21.02.233 is proposed to be added to the Definition section of the Zoning Ordinance for the purpose of defining hot tub and sauna estab- lishments. He further noted that the Police Chief is not present to answer questions, however if the Commission had concerns they could continue this item in order that the Chief could be present to respond. Commissioner Pack inquired if the word "showers" should appear in both paragraphs "4. Proposed Addition to CHAPTER 21.02, DEFINITIONS, 1) and 2)." - Acting City Attorney Duckworth also expressed concern about the wording for the proposed text amendment and felt that the Police Chief and the City Attorney should work out the a;ording problems throughout the amendment. Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. PJo one wishing to speak, Commissioner Meyer moved that TA 80-1 be continued to the April 1 meeting, seconded by Commissioner Pack and unanimously adopted in order that the City Attorney and Police Chief could review this draft amendment. ~: -8- MISCELLP,PdEOUS Request of Continued request of Gradie O'~leal fora deter- O'~leal, G. urination that a music publishing and recording services company is an allowed use for a building located at 85 S. Second St. P1r. Kee reported that this item was continued from the Planning Commission meeting of February 5, 1980 in order to allow the applicant time to submit a site plan. The Commission may recall that there was a discussion re- garding the amount of space available for on-site parking. After inspecting the site, the applicant has indicated to staff that there is insufficient area to provide additional parking which meets the design standards for parking spaces. l~lith this in mind, the applicant has indi- cated to the staff that the condition that restricts the number of persons on the site to less than l2 is acceptable to him. The applicant has also provided information to the staff which indicates that the studio area will occupy approximately 435 square feet, and the control room will occupy approximately 350 square feet. The proposed office area is approximately 100 square feet in area. The 1400 square foot building addition to the rear of the property is not indicated for any use at this time. ~1r. Gradie O'Neal, applicant, appeared before the Commission to state that he is agreeable to the conditions set forth by staff. Commissioner Kasolas then moved that the applicant be allowed to use the subject property, subject to_the following conditions: 1. That no more than 12 persons would utilize the site at any one time. 2. Exterior noise levels shall not exceed those limits indicated in the Noise Element of the General Plan for residential areas. This motion was seconded by Commissioner Pack and unanimously adopted. ** PUBLIC HEARING At this time Chairman Campos noted that the Commission would return to Item fdo. 8 on this evening's agenda, application of P~1r. -Ron Harris on behalf of Allstate Landscaping ~ Masonry for a use permit and approval of plans to construct a warehouse/office building on property known as 241 tn1. Sunnyoaks Avenue (UP 80-3). P1r. Kee then reviewed the background on this item noting the recommendation of the Site and Architectural Review Committee. Mr. Dodd hloodstock again appeared before the Commission to reiterate the concerns of the neighborhood residents. He felt this property should not be developed because of the traffic problems, but if the City determines that it should be developed, he felt this is the best use proposed thus far. -9- Discussion then ensued regarding height of the structure, location of the structure and its proximity to the neighbors, and landscaping for the pro- ject. ~~1rs. Pat l~Joodstock of 970 Old Orchard Road then appeared to state that she had real concern about the height of the structure (19') and suitable land- scaping where this property adjoins the neighbors' properties. ~~1r. Ken Rodrigues, architect, explained the project in detail to the Commission. F{e noted the slight difference in the originally submitted plans as opposed to the revised plans (approximately 5'). Discussion then ensued regarding the sight distance of each proposal and safety of each. PJo one else wishing to speak, Commissioner Pac!<. moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. t~loti on Commissioner Kasolas then moved that the originally submitted plans for UP 80-3 be recommended for approval since he felt this was a safer plan from a traffic engineering standpoint. This motion was seconded by Commissioner Pack for the purpose of discussion. After further discussion on the safety of the oriainally submitted plans versus the revised plans, and a determination by Engineering ~~lanager Helms that there would not be a significant difference from a traffic safety vieu~- point, this motion failed by the following roll call vote: AYES: Commissioners: P~lone ~JOES: Commissioners: Pack, Meyer, Kasolas, Fairbanks, Campos ABSENT: Commissioners: Dickson, Kotowski RESOLUTIO{~! N0. 1880 Commissioner Pack then moved that the Planning Commission adopt Resolution ^Jo. 1880 recommending approval of the revised plans for UP 80-3 and a use permit to construct a warehouse/office building on property known as 241 t•J. Sunnyoaks Avenue, seconded by Commissioner Kasolas and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Meyer, Kasolas, Fairbanks, Campos NOES: Commissioners: PJone 1',BSENT: Commissioners: Dickson, Kotowski * ~ f9ISCELLAPlEOUS TS 80-1 Tentative Subdivision ~~1ap: Lands of Schwoob & Lands of Schwoob Ashlock. APN 403-12-3 & 4. & Ashlock -10- Plr. Kee reported that on June 26, 1978 the City Council approved a nine-lot tentative suhdivision map for thiis trope,~ty under proceedings known as TS --_-- 78-1. The applicant failed to fi,;~ << i;r~a~: map and the tentative map is expired. Tt~e applicant is ~~equesting approval of an identical tentative map. After discussion regarding Rr nimum lot size and street imprcvements in the area, Commissioner Pack n.oved that the Planning Commission: 1. Find that the proposed tract map is in conformance with the General Plan. 2. Recommend to the City Council that they approve a conditional exception allowing an existing house to be located within 10 feet of a proposed street side yard. 3. Recommend to the City Council approv al of the proposed tract map subject to the conditions attached to the Staff Comment Sheet. This motion was seconded by Commissioner P7eyer and unanimously adopted. ~~* Referral from Referral from the City Council to consider a revised City Council application of SM8~J Land Co. fora change of zoning ZC 79-6 from R-1 (Single Family Residential) to P-D (Planned SP1&J Co. Development) and approval of plans to develop pro- perty known as 599 E1 Patio Drive. Mr. Kee reported that on November 6, 1979 the Planning Commission recommended approval of the application of the SM°J Land Co. fora change of zoning from R-1 to P-D (Planned Development/Low Density Residential) to allow the addition of 7 new patio homes to an existing single family development located on pro- perty known as 599 E1 Patio Drive. After hearing the Council's concerns regarding adding units to existing single family developments, the applicant requested the Council to refer this applica- tion back to the Commission so that revised plans eliminating the existing structure could be considered. As of this writing, the revised plans have not been submitted. Since the applicant is proposing a P-D development, and the revised plans (once submitted) will be for essentially a new project, staff is recommending that-the hearing be -°e-noticed and re-opened. There being no discussion, Commissioner ~9eyer moved that this referral be continued to the Planning Commission meeting of April 1, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1882 Commissioner Meyer moved that the Planning Commission adopt Resolution No. 1882 setting April 1, 1980 as the date for a public hearing to reconsider ZC 79-6, seconded by Commissioner Pacl: and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, f~leyer, Kasolas, Fairbanks, Campos P~lOES: Commissioners: None ABSENT: Commissioners: Dickson, Kotovrski ** -11- TS 79-24 Tentative Subdivision flap: Lands of Carl Franklin Lands of APfJ 279-45-7 Carl Franklin f1r. Lon fills, architect, appeared before the Commission to address both ZC 79-6 and TS 79-24, noting that revised Mans are ready to be submitted which would delete the existing structure frorri the plans. He requested that a continuance be considered rather than denial at this time. fir. Kee stated that staff would not have a problem 4vith a continuance of this matter. Commissioner Pack then moved that TS 79-24 be continued to the April 1, 1980 Planning Commission meeting, seconded by Commissioner Kasolas and unani- mously adopted. * ~: GP 77-2 Application of f•1r. P"arvin A Qamburg for approval of Hamburg, f~. a revised development schedule for previously approved plans to construct a motel on property known as 675 E. Campbell Avenue. At this time Comrr,issioner Pac{: announced that she would be abstaining because of a possible conflict of interest. f~1r. Kee reported that on September 19, 19.77 the City Council adopted Ordinance PJo. 1118 approving the applicant's plans, elevations and development schedule to allow the construction of a 100-unit motel on property known as 675 E. Campbell Avenue. Exhibit H of that ordinance - the Development Schedule - stated that ''construction ~aill commence within one year of City Council approval. Construction Mill be completed within nine (9) months of beginning". On .September 25, 1978 the City Council modified the original development schedule giving the applicant one more year to begin construction. The revised schedule required the applicant to begin construction by September 19, 1979 and be completed by June 19, 1980. On September 19, 1979 the applicant received a building permit and has begun construction. The applicant is requesting that the completion date be extended to September 19, 1981. Commissioner Fairbanks stated that she would feel more comfortable t~rith an abstention on this item since she does not know any of the background. ^Joting there would not be a voting quorum, Commissioner Kasolas expressed his concern about Commissioners abstaining and inquired of the City Attorney if there could be a ruling on this matter. He further noted it was his understanding that in the case of a conflict of interest it would have had to occur vrithin the last 12 months or sometime into.the future. Acting City Attorney Ducl.urorth agreed; it was also his understanding that a person could vote on an item if a conflict of interest had r.ot occurred 4~rithin the last 12 months. He further noted that one cannot force a Commissioner to vote. -1?_- Commissioner Pack announced ti~at there had been no conflict within the last 12 months; she vas not aarare of the 12 month limitation. Acting City Attorney Duckworth indicated it was his understanding that she could vote on this item. Commissioner Pack then N!ithdre~,~i her original abstention on this matter. Commissioner I:asolas then moved that the Planning Commission recommend approval of a new development schedule for GP 77-2 v~rhich ~~lould expire on September 19, 1981, seconded by ComrnisSioner P1eyer and adopted by a 4-0-2-1 vote, with Commissioner Fairbanks abstaining and Commissioners Dickson and Kotor~lski absent. **~ S 77-14 Application of Dr. P1ark S. Madden, DUM, for a rein- P1adden, i1. statement of previously approved plans to allow the construction of an addition to the Bascom Animal Hospital which is located on property kno~~m as 2175 S. Bascom Avenue in a C-2-S (General Con~rnercial) Zoning District. t~1r. Kee reported that On May 3, 1977 the Planning Commission approved plans to convert a residence into a veterinary hospital and to construct a 600 square foot addition onto the front of the structure. The approval expired in Plarch of last year with the completion of the remodeling of the residence. The applicant is requesting that the plans be reinstated so that the addition can now be constructed. There has been no change in the zoning or General Plan in this area since the original approval. Commissioner Kasolas expressed concern about reinstating plans approved three years previously, since there could conceivably be policy changes ~in that time span. Mr. Kee noted that there had been no changes in policy or procedure regarding this application.- Commissioner Pack then moved that the Planning Commission reinstate these plans (S 77-14), seconded by Commissioner P-1eyer and unanimously adopted. *** PD 78-11 Request of f1r. E. L. Eberhardt fora change of Eberhardt, E. allowed building use from warehouse only to speculative industrial for structures located on property known as 150-164 Gilman Avenue in a P-D (Planned Development/Industrial) Zoning District. t~~1r. Kee explained that a~communication had been received ..from the applicant. -13- Recording Secretary Wade read into the record a letter from P9r. E. L. Eberhardt stating that all omissions and violations would be corrected within 60 days. A copy of this letter is attached hereto and made a part of these minutes. f•1r. Kee reported to the Commission that upon reviewing the above request it had come to staff's attention that the existing development does not conform to the approved plans and this letter is in response to those items staff has reported incomplete. He gave further background, explaining that on August 14, 1978 the City Council adopted Ordinance ado. 1179 approving the applicant's plans to construct two 4,416 square foot ~varehouse buildings on a 21,400 square foot parcel.. The approved site plan indicated that there ~~~ould be 22 parking spaces - 18 full size and 4 compact - provided. The resulting parking ratio is one space. for every 402 square feet of gross building area. The applicant is now requesting a change of allo~~~ed uses from warehouse only to speculative industrial. F1r. Kee then noted the follo~,ring areas of non-compliance to the approval of PD 78-11: 1. All the areas sho~~m to be landscaped have been paved instead . (condition B, E, and F of approval). 2. Fencing around the parking lot has not been constructed (violation of condition E). 3. Applicant failed to submit a letter, satisfactory to the City Attorney limiting the use of the property to 8,332 square .feet o~F warehouse use (condition G). 4. The parking areas ~vere striped improperly - 4 spaces were omitted - and bumper guards were not installed (condition J). 5. Aroof-mounted sign and a sign on the front of the building were installed without a permit (violation of condition P1 and the Sign Ordinance). 6. Existing signs on the building indicate that present tenants include an automotive repair company, and two industrial uses (condition G). P•1r. E. L. Eberhardt, applicant, appeared before the Commission to explain that a hardship exists and in order to complete these items space needs to be made available for leasing purposes. After lengthy discussion regarding the areas not yet complied with, the applicant agreed to work with staff to complete these outstanding items and agreed to a continuance of this item. Commissioner Meyer moved that this. request be continued to the ~1ay 6 Planning Commission meeting, seconded by Commissioner Pack and unanimously adopted. ~** •- l 4-- S 79-8 Application of lvir. Larry Magi er, AIA, on behal f of Dubcich, R. P1r. Robert S. Dubcich for a one-year extension of time for previously approved plans to construct a retail commercial building on property kno~~~n as 3495 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. P1r. Kee reported that on ~1arch 5, 1979 the Planning Commission approved plans to allo~ti~ the construction of a retail commercial building. This approval will expire on Plarch 6, 1980 unless the Planning Commission approves this request for an extension of time. There have been no changes in the Zoning or General Plan in this area since the original approval. There being no discussion on this item, Commissioner Pack moved that S 79-8 be given a one-year extension of time for previously approved plans to con- struct a retail commercial building at 3495 S. Bascom Avenue, seconded by Commissioner Fleyer and unanimously adopted. '~f ~C X Referral from Continued referral from the City Council regarding City Council Interim Zone status, San Tomas Area. P1r. Kee reported that this item was continued from the last meeting since a voting quorum was not present in order to complete all the items. At this time it would be appropriate for the Commission to formalize its comments on items 2B, 2D, 2F, 3C and 3D, and for~vard them to the City Council. The Council has indicated that it will consider the comments from all the advisory commissions at a study session to be held on Flarch 18, 1980. "2B - That Federal and State funds be sought for the acquisition of San Tomas School site." Commissioner Kasolas moved that with regard to Federal and State funds being sought for the San Tomas School site the Planning Commission recommend favor- ably, that it 4~~ould be a good idea, so long as said application does riot in- fringe upon any otl~er project that would be more beneficial to the total community due to its location (i.e., not being centrally located). This motion was seconded by Commissioner Pack and failed by a 3-1-2-1 vote, ~•rith Commissioner Campos voting "No", Commissioner Fairbanks abstaining (for the same reasons as stated previously regarding the San Tomas Task Force Report) and Commissioners Dici:son and Kotowsl;i absent. Afier lengthy discussion, %ommissioner P~leyer moved that each Commissioner submit his/her comments in writing on the remaining items (2D, 2F, 3C and 3D) at the P•1arch 18 Planning Commission meeting, which would be forwarded to the City Council. This motion was seconded by Commissioner Pack and adopted by a 4-0-2-1 vote (Commissioner Fairbanks abstaining:). * ~ -15- Staff Report Discussion regarding developments which include existing residential structures. Commissioner Meyer moved that this item be set for discussion at the next study session of the Planning Commission. This motion was seconded by Commissioner Pack and unanimously adopted. This action removes this item from the regular Planning Commission agenda. Appointments to the Planning Commission Subcorunittees for 1980. The Chair asked that this item be continued to the next meeting. It was the consensus of the Commission that this item be considered at its Plarch lII Planning Commission meeting. ~ ~ Items drought Up by Commissioners It ~~Jas the consensus of the Commission that a study session with the City Attorney be scheduled sometime after Plarch 17 on a L!ednesday at 4:00 p.m., one of the items for discussion being "Abstentions due to conflict of interest." F1r. Kee reported that staff would set the date and get back with the Commission. ~~* ADJOURf?f1Ef!T Commissioner Pack. moved that the meeting be adjourned, seconded by Commissioner f1eyer and unanimously adopted. The meeting vas adjourned at 11:37 p.m. APPROVED: ATTEST: RECORDED: Arthur A. Kee, Secretary Jeannine ~~lade, Recording Secretary Daniel Campos, Chairman