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PC Min 01/15/1980PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES JANUARY 15, 1980 The Planning Commission of the City of Campbell convened this day in regular session at the reguiar meeting place, the Council Chambers of the City Hall, 75 North Central A~~renue, Campbell, California. ROLL CALL Present Commissioners: Pack, Dickson, Kasolas, Meyer, Vierhus, Kotowski, Chairman Campos; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert Dempster, P.eccrding Secretary Jeannine Wade. Abrent ;'one. APPROVAL OF MTNIITFS Commissioner Dickson noted i;iiat the minutes of the January 2 meeting reflected that the vote for Vice Chairman was 3-1-0-2, page 15. He felt that since a full Commission was here this evening a re-vote should be taken in order that whoever is chosen could win by a majority vote. City Attorney Dempster agreed with this recommendation and suggested that this vote be taken at the end of this, evening's agenda. Commissioner Dickson then moved that the minutes of the January 2, 1980 meeting be approved as amended, seconded by Commissioner Meyer and unanimously adopted. COMMUPIICATIONS Mr. Kee reported that communications received rc.l~~e to specific items an the agenda and would be discussed at that time. ARCHITECTURAL APPROVALS AND MISCELLANEOUS It was the consensus of the Com,r.issic~rl .`~~t, since this evening's agenda i s very 1 engthy, Items No. l , :~; 22 , ~ 3, ar~~~ 25 be considered at thi s time. It was then moved by Commiss~iontsr rack., seconded by Commissioner Meyer, and unanimously adopted that the following actions be taken by minute action: _2_ Item No. 1: Application of Mr. Jim Jung for approval of plans to allow constructiot; of a commercial building at 2006 S. Winchester Boulevard be continues' tc hr meeting of Februar 5, 1980 in order that rev~sec: , ~ ~~~d be submitted S 79-44 . Item No. 3: Application of Mr. Mark Sheei•~as, for approval of plans to construct 5 condominium units un property known as 1458 W. Latimer Avenue be continued to the February 5, 1980 meeting at the request of the applicant S 79-53 j. Item No. 22: Recommendation of approvai of TS 79-21, Lands of Cal-Com, Tentative Subdivision Map, APN 413-25-28 & 29, subject to the conditions attached to the Staff Comment Sheet. Item No. 23: Recommendation of approval of TS 79-22, Lands of Damon Development, Tentative Subdivision Map, APN 403-20-19, subject to the conditions attached to the Staff Comment Sheet. Item No. 25: Request of Mr. Guy Ruscigno be approved for a one-year extension of previously approved plans fOr a'14-unit apartment project on property .knows as 166 & 180 Shelley Avenue, •* S 79-48 Continued application of Ms. Brenda Boudreault Boudreault, B. and QC Engineering for approval of an awning QC Engineering over a portion of the rear yard of property known as 1143 Dell Avenue in an M-1-S (Light Industrial) Zoning District. Mr. Kee reported that this item had been continued from the meeting of December 18, 1979 in order that the app~icant could submit revised plans, and to date no revised plans have been received. Therefore, staff is recommending denial~of the plans as submitted. No one wishing to speak on this item, Corr~nissioner Meyer moved that S 79-48 be denied as submitted, seconded by Commissioner Dickson and unanimously adopted. *** PUBLIC HEARINGS l1P 79-34 This is the time and place for a public hearing to Pritchard, L. consider the application of Mr. Leonard Pritchard for approvai of plans to remodel the exterior of an existing building located on property known as 22 S. Second Street in a P-D (Planned Development/ Commercial) Zoning District. _ ~_ Commissioner Kasolas reported that the Site and Architectural Review Committee had discussed this matter this morning, however the applicant was not present. He further reported that the Committee is recommending denial of the plans as presented. Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this item. Mrs. Joan Pritchard, applicant, appeared before the Commission to explain that this is not an application for a new building, but only exterior remodeling of an existing building. She could not understand why all the requirements-were being imposed on this application at this time, since the application is not for the construction of a new building; only remodeling. Mr. Kee explained that the requirements for parking had not been met, and before the application is approved adequate parking must be provided. He further noted that the 6 spaces, as shown, result in a parking ratio of 1 space for every 279 square feet of gross building area. The Zoning Code and Commission policy would normally require between 9 and 12 parking spaces for this development. In staff°s opinion, the proposed remodeling will not increase the intensity of use for this building, and the existing 6 parking spaces have met the needs of this building in the past. However, if the applicant does not have an easement to use the alleyway, 3 spaces is probably all that can be provided on-site--and the cars would have to back out into the street because of inadequate on-site turnaround area. This design and the resulting parking ratio of 1 space for every 558 square feet of gross building area is, in staff's opinion, urYacceptable. Chairman Campos. inquired of the applicant if a continuance would be desired. Mrs. Pritchard indicated that she would like a continuance of this application. After considerable discussion regarding the use of the alley way, Commissioner Vierhus moved that UP 79-34 be continued to the February 5 Planning Commission meeting.. This motion was seconded by Commissioner Pack. At this time Mr. Len Pritchard, applicant, appeared before the Commission to state that he had researched all avenues to no avail regarding acquiring easement over the alley way and determining ownership. He noted that he did not know where to go from this point and indicated that he did not desire a continuance since he felt he could not meet all the requirements imposed by the City. City Attorney Dempster indicated to Mr. Pritchard that he could set up a meeting to help determine solutions to the alley way problems. Mr, Pritchard indicated that he did not feel a continuance would serve any purpose. At this time the second to the motian for continuance, made by Commissioner Pack, .was withdrawn. Commissioner Vierhus then withdrew his motion to continue this application. No one else wishing to speak, Coru~issioner Dickson moved that the public hearing be closed, seconded by Co~rn~issioner Vierhus and unanimously adopted. -4- RESOLUTION N0. 185i Com~;-'rssioner Dickson moved that the Planning Commission adept Resolution No. 1851 recommending denial of the plans as presented for UP 79-34, application of Mr. Leonard Pritchard for approval of plans to remodel the exterior of an existing building located or: property known as 22 S. Second Street in a P-D (Planned Development/Commercial) Zoning District, seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson. Kasolas, ~~eyer, Vierhus, Campos NOES: Commissioners: None ASSENT: Commissioners: None ABSTAIN: Commissioners: Kotowski Commissioner Kotowski noted that the reason he abstained on this application is he felt there was still the unanswered question about the alley way and did not feel the application should have been denied at this particular time. *** UP 79-35 This is the time and place for a public hearing to Haigh, J. consider the application of t~ir. Jack Haigh and Syufy Enterprises fora use permit and approval of plans to allow the addition of a screen and pro- . jection booth to an existing drive-in located on property known as 535 Westchester Drive in an M-1-S (Light Industrial) Zoning District. Commissioner Kasolas reported that the applicant met with the Site and Architectural Review Committee this morning. He noted the Committee is recommending approval subject to the conditions listed in the Staff Comment Sheet as well as an added conditior, which would read "applicant to submit a letter stating that the starting times will be staggered in order to alle- viate some of the traffic problems." Chairman Campos operied the public hearing and invited anyone in the audience to speak for or against this item. Mr. Jack Haigh, applicant, appeared before the Commission to state that he is in agreement with the Committee's recommendation. Commissioner Dickson inquired about who would pay for the striping of areas noted on the traffic study. Engineering Manager Helms responded that the City would participate in this cost as part of the regulatory traffic movements for the area sometime after action on this item has been taken. Commissioner Dickson then inquired about the screens facing the freeway. Mr. Haigh responded that as part of the original application certain require- ments for landscaping were imposed and all of the requirements had been met. He noted that it would take considerable time for the landscaping to grow to conceal the screens. -5- Miss Marilyn Hooper of 5238 Halifax Drive, San Jose, appeared to ask if the drive-in had considered erecting a sign indicating when the drive-in was sold out. Mr. Haigh responded that this idea had never been considered; however he would check into this. No one wishing to speak, Commissioner Kasolas moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. Commissioner Pack inquired if the Police Chief had responded to Mr. Burton's letter regarding problems in the area of the drive-in. Mr. Kee responded that to his knowledge there had been no response, however he indicated that staff would be happy to refer this to the Police Chief if the Commission so desired. It was the consensus of the Commission that Mr. Burton's letter be forwarded to the Police Chief for response. Commissioner Dickson noted that he still had misgivings about the traffic and visibility problems in relation to this project, and would therefore not be in favor of this application. RESOLUTION N0. 1852 Commissioner Meyer moved that the Planning Commission adopt Resolution No. 1852 approving the application of Mr. Jack Haigh and Syufy Enterprises for a use permit and approval of plans to allow the addition of a screen and projection booth to an existing drive-in theater located on property knoam as 535 Westchester Drive in an M-1-S (Light Industrial} Zoning District subject to the conditions listed in the Staff Comment Sheet as well as an added condition which is to read "Applicant to submit a letter stating that the starting times will be staggered in order to alleviate some of the traffic problems." This motion was seconded by Commissioner Vierhus and adopted by the following roll call vote: AYES: Commissioners: Pack, Kasolas, Meyer, Vierhus, Kotowski, Campos NOES: Commissioners: Dickson ABSENT: Commissioners: None *** UP 79-36 This is the tirr~ and place for a public hearing to Serra Pacific consider the application of Serra Pacific for a use permit to allow the development of a nine-lot subdivision located on property known as 1330, 1376 and 1395 W. Hacienda Avenue in an Interim (Loy: Density Residential) Zoning District. -6- Commissioner Kasolas noted that because of a possible conflict of interest he would be abstaining on this ap~;.:~:~~~~`~.~~; arod Commissioner Meyer would be making the report from the Site and Architectural Review Committee. Commissioner Meyer reported that the applicant had met with the Committee this morning. She noted that revised plans had been received since the time the Staff Comment Sheet was written, which completely delete the older home. This application would consist of the construction of 9 new residences. The Committee is recommending approval of the revised plans as submitted. Mr. Kee noted that staff would also recommend approval of the revised plans as submitted. He explained that the reason this application is before the Commission is that it is in an Interim Zoning District. Commissioner Dickson inquired if there were calculations of square footage for each lot. Mr. Kee noted that staff's calculations indicate that all lots will be 6,000 square feet or more. Chairman Campos opened the public hearing and invited anyone in the audience to speak on this application. No one wishing to speak on this item, Commissioner Vierhus moved that the hearing be closed, seconded by Commissioner Pack and adopted with Commissioner Kasolas abstaining. At this time Commissioner Meyer noted that this developer had previously been before the Commission with a plan for this site, however developed at a higher density. She noted that she is more in favor of the higher density use since it could be used as a buffer between commercial and low density land uses, and because of the cost to the developer. RESOLTUION N0. 1853 Commissioner Vierhus moved that the Planning Commission adopt Resolution No. 1853 recommending approval of the application of Serra Pacific for a use permit and approval of plans to allow the development of a nine-lot subdivision located on property known as 1330, 1376 & 1396 W. Hacienda Avenue in an Interim (Low Density Residential) Zoning District, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Meyer, Vierhus, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Kasolas - 7- RESOLUTION N0. 1854 Commissioner Vierhus moved that the Planning Commission adopt Resolution No. 1854 recommending a change of zor:inr~ from R-1 (Single-Family Residential) to P-D (Low Density Residential) once the Interim Zone is lifted for 1330, 1376 and 1396 W. Hacienda Avenue, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Meyer, Vierhus, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Kasolas *** ZC 79-7 This is the time and place for a continued public Nelson, L. hearing to consider a request from the L. B. Nelson City-initiated Corporation for a change of zoning from P-F (Public Facilities) to R-3-S (Multiple Family/{-ligh Density Residential) and a City-initiated zone change to establish an 0-S (Open Space Overlay) Zoning District for property known as 480 E. Hamilton Avenue. Mr. Kee reported that this item was continued from the Planning Commission meeting of November 6, 1979, due to the fact that a court injunction had been filed which affects the sale of this property to the L. B. Nelson Corporation. The Commission may recall that this zone change was initiated by the City, following an earlier recommendation to change the Land Use Element of the General Plan from "Public, Semi-Public" to "High Density Residential". Because of the fact that there was a court action involving the sale of this property, the Council took action on November 12, 1979 to deny this General Plan amendment without prejudice. Since this action has been taken regarding the Land Use Element of the General Plan, staff is now recommending that this City-initiated change also be denied without prejudice. He noted that at the time the Council considered the General Plan amend- ment the City Attorney had advised the Council to deny the application without prejudice in order to remove the item from the agenda, and that is the recommendation at this time for the zone change. He further noted that a new application will probably come before the Commission after the litigation has been settled. 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 the public hearing be closed, seconded by Commissioner Dickson and unanimously adopted. _~_ RESOLUTION N0. 1855 Commissioner Pac~~ moved that the Planning Commission adopt Resolution No. 1855 recommending denial without prejudice of the request from the L. 6. Nelson Corporation for a change of zoning from P-F (Public Facilities) to R-3-S (Multiple Family/High Density Residential) and a City-initiated zone change to establish an 0-S (Open Space Overlay) Zoning District for property known as 480 E. Hamilton Avenue, seconded by Commissioner Dickson and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Meyer, Vierhus, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: None The Commission took a break at 8:30 p.m.; the mertin reconvened at 8:50 p.m. :...X. ZC 79-9 This i s ~t~:• t i z;~e ~::nd place fora continued Ci ty- 0-S (Open Space) initiated public hearing to consider the application Schools w/Parks of 0-S (Open Space ~variay) Zoning on public school sites with parks. Mr. Kee reported that there has been a communication on this item, which was handed out to the Commission, from Walter Hauss, S~~per•intendent of the Campbell Union School District, opposing the O-S ?or~ing on the District'a properties. The Recording Secretary read into ~t~;~te record the letter from Dr. Hauss, dated January 15, 1980 opposing this item. A copy of this letter is attached hereto and made a part of this record. Mr. Kee then introduced Mr. Phillip J. St~,f{ord, Principal F'ianner, who would be making the presentation on this item. Mr. Stafford reported thiat at its meeting o~t ~fiarch 2tJ, 1979 the Planning Commission took action to recommend that the Cit.} Council consider three categories of land use for inclusion in the 0-S Zc~ing District, and these categories consisted of: (1) Parks; (2) School Sites with Park Facilities; and (3) Churches, Private Land with Open Space, Other School Sites. These categories were presented to 'the City Council for consideration at its meeting of April 9, 1979. At that meeting, the Council approved the three categories and directed the Planning Commission to proceed with the application of 0-S Zoning to the affected parcels. He further noted that at its meeting of May 15, 1979 the Planning Commission took tion to recommend 0-S (Open Space) Zoning for the first category which is "Parks". On October 16, 1979 the Planning Commission took action to set December 4, 1979 as the date fora hearing to consider the second category of open space zoning--School Sites with Park Facilities. -9- The public school sites with park facilities, as identified on the Open Space Element of the General Plan, that would be affected if 0-S Zoning were adopted are: 1. Rolling Hills School, 1585 More Avenue 2. San Tomas School, 1510 4J. Hacienda Avenue 3. Forest Hill School, 4450 McCoy Avenue 4. Capri School, 850 Chapman Drive 5. Hazelwood School, 775 Waldo Road 6. Rosemary School, 401 W. Hamilton Avenue 7. Dover School, 1300 Sheffield Avenue 8. Coventry School, 1125 W. Campbell Avenue Mr. Stafford gave the exact location of each site and located them on respective maps. Each of these school sites has an area devoted.to park use and each .has received funds from the City of Campbell (approximately $10,000) for development of the park sites. Typically, sites include barbecue pits, tables and benches, and play areas. It is the staff's opinion that it would be appropriate at this time to include each of the above school sites in the 0-S (Open Space) Overlay Zoning District. Commissioner Pack noted for the audience's information, that the General Plan elements are State mandated, and if a city does not have its nine elements to its General Plan the General Plan is considered null and void. She further noted that development could not take place within a city should this occur. Commissioner Kasolas inquired as to why some schools were not under consideration for the 0-S Zoning; i.e., Campbell High School. Mr. Stafford indicated that only schools with parks receiving funds from the City (1969 Park Bond issue) were under consideration at this time. Commissioner Kasolas asked how much area could be developed with this 0-S Overlay Zoning placed on it. Mr. Stafford replied that 20% of the land could be used for development; he further noted that only 25% of P-0 (Professional Office) Zoned pro- perty could be developed--which has not seemed to cause a hardship in the past. Chairman Campos opened the public hearing, noting that it is a continued public hearing, and invited anyone in the audience to speak on this item. Mr. R. G. Bjoring, Assistant Superintendent of the Moreland School District, appeared before the Commission to state that the Moreland School District is also opposed to the 0-S Overlay Zoning District and concurs with the letter submitted by Dr. Hauss. He felt this zoning was not in the best interests of the School District; and further noted that if and when sites should become available for sale the District should be able to sell at the highest possible value. He further noted that the District's main concern is education above and beyond anything else. ui 1 ~!- Mr. Bob Beatty, representing the West Santa Clara Valley Soccer League, appeared to speak in favor of the 0-S zoning, noting that the school sites are used most of the year for soccer practice and soccer games. He felt if these school sites were not available for practice and games, the children would not have the opportunity to participate in the sport of soccer. He reported to the Commission that most of the team members are Campbell residents. Dr. Hauss, of the Campbell Union School District, then appeared before the Commission to state that the School Board is willing to work with the City to serve the best interests of all concerned; however, it is the opinion of the Board that 0-S Zoning would not be in the best interest of the City, the District, or the community. Discussion ensued regarding the number of schools presently open in the District (12), and the number of students now attending (approximately 6,000); Dr. Hauss noted that enrollment has decreased approximately 10% per year. P1r. John W. Brown of 2011 Pollard Road, Los Gatos, appeared before the Commission to speak in favor of keeping the schools open. He noted that even though there has been a decrease in children attending school during the past ten years, the birth rate is on the upswing and these schools may be needed in the not too distant future. Sharon 4Jelton of 1663 Fawn, representing the San Tomas Community, spoke in favor of retention of the San Tomas School for community use. She also spoke in favor of the 0-S Zoning District noting that it is a means of protecting the open space left in the area. Irene Rutherford of 175 Radford Drive, spoke in favor of keeping Coventry School open; and expressed agreement with the School Districts opposition of the 0-S Overlay Zoning. Mrs. JoAnn Fairbanks of 1565 Hacienda Avenue appeared on behalf of Ken Nichol, Commissioner of the Campbell-Saratoga Soccer Club, to express their desire to continue to be able to use the school sites for soccer practice and games. She spoke on behalf of herself, stating that she would like to see the Commission recommend to the City Council the application of this 0-S Zoning. She felt without the 0-S Zoning, the sites would be developed and lost as community open space. Mr. Johnny Welton of 1663 Fawn Court appeared before the Commission on behalf of the Quito Little League requesting that they be allowed to continue to use the playing fields. He spoke in favor of the 0-S Zoning. Mr. Bill Tucker of 180 Warwick Drive appeared to inquire about the 20% coverage and express that he is in favor of the 0-S Zoning. He noted that he is particularly interested in the Coventry School site remaining for the children. Mr. Kee responded that only 20% of the site within an 0-S District could be covered by structures; he noted that there would be. an underlying zoning district such as low density residential. No one else wishing to speak, Commissioner 1Gierhus moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. Commissioner Kasolas inquired if the application of the 0-S Zoning would make this space available for public use. Mr. Stafford responded that it was his understanding that this would be for private use; the coverage of the lot would~be limited to 20% by structures, however the remainder would be open space used for private purposes. This would not be assured open space for community use. RESOLUTION N0. 185E Commissioner Vierhus moved that the Planning Commission adopt Resolution No. 1856 recommending that O-S (Open Space Overlay) Zoning be applied to the eight public school sites in the City which have park facilities. This motion was seconded by Commissioner Pack. Commissioner Pack noted at this time that she felt it is important to work close with the School District, and just because the 0-S District is being considered this evening does not mean that the City wishes to place restrictions on the School Districts. She felt that the 0-S Zoning would show that the City is aware of the need for open space and each development would be looked at carefully. AMENDMENT TO MOTION Commissioner Kasolas. expressed his desire for each school site to be considered individually, however he is not against the open space overlay zoning. He felt that the School District has the responsibility of educating rather than pro- viding parks, and the 0-S Zoning does not provide for public parks. He then moved that each school site be considered individually as regards the 0-S (Open Space Overlay) Zoning. After much discussion by the Commission, this motion was seconded by Commissioner Dickson and failed to pass by the following roll call vote: AYES: Commissioners: Dickson, Kasolas NOES: Commissioners: Pack, Meyer, Vierhus, Kotowski, Campos ABSENT: Commissioners: None VOTE ON RESOLUTION N0. 1856 AYES: Commissioners: Pack, Dickson, Meyer, Vierhus, Kotowski, Campos NOES: Commissioners: Kasolas ABSENT: Commissioners: None ~** -12- ZC 79-10 This is the tame and place for a public hearing to DuVon, G. consider the f,ppliration of Mr. Gabor E. DuVon for a change o~r~ cor~~i ng from R-M (h1u1 ti ple Family/Low- Medium Density Residential) to P-D (Planned Development/.Low-Medium Density Residential) and approval of plans, elevations and development schedule to allow the construction of 5 townhomes on property known as 161 N. Central Avenue. Commissioner Kasolas reported that the Site and Architectural Review Committee had met with the applicant this morning, The Committee is recommending a continuance of this application to the February 5, 1980 Planning Commission meeting in order that revised plans can be submitted. Mr. Kee reported that staff is also recommending a continuance of this application. Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak, Commissioner Vierhus moved that the public hearing be continued to February 5, 1980, seconded by Commissioner Meyer and unani- mously adopted. *** PD 79-13 This is the time and place fora public hearing to Evarkiou, S. consider the application of Mr. Steve Evarkiou on Best Products behalf of Per. Bradley A. Kaye and Best Products, Inc., for approval of plans to allow the construction of a parking lot on property known as 399 Llewellyn Avenue in a P-D (Planned Development/Commercial) Zoning District. 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 with changes as redlined on the plans to increase landscaping. Chairman Campos opened the public hearing and invited anyone to speak on this item. Mr. John Lobrovich, representing his father, inquired if there would be some type of noise buffer (possibly landscaping) between this proposed lot and the residence located adjacent to it. Mr. Kee reported that normally there is not a requirement for a sound wall in a situation such as this; i.e., a non-conforming residence in the commer- cial district. Commissioner Dickson indicated he would like to see some type of fencing between these uses. Mr. Steve Evarkiou, representing the applicant, appeared before the Commission to state he felt the buffer of landscaping would be adequate to provide the privacy desired and noise attenuation. ~, ~ -13- Mr. Jerry Doyle, representing Eastfield Children's Center, appeared before the Commission to express his concern about traffic, noise, and safety for the children at the center. Pir. Kee noted that there would be an area 40' in depth between this parking lot and the children's center. Mr. Richard Stowers, 1978 The Alameda, San Jose, architect for the Children's Center, appeared to express concern about the saving of the eucalyptus trees between the subject site and the Children's Center. He also desired to have a masonry fence constructed for the safety of the children. He also inquired about the construction of the street between San Tomas Expressway and Llewellyn. Mr. Helms explained the concept of the square loop interchange, giving background on the construction of the three completed quadrants. He noted that the 40' right of way would be adequate if and when it was felt necessary to separate San Tomas Expressway from Hamilton Avenue. No one else wishing to speak, Commissioner Kasolas moved that the public hearing be closed, seconded by Commissioner Dickson and unanimously adopted. RESOLUTION N0. 1857 Commissioner Kasolas moved that the Planning Commission adopt Resolution No. 1857 recommending approval of PD 79-13, approval of plans to allow the construction of a parking lot on property known as 399 Llewellyn Avenue in a P-D (Planned Development/Commercial) Zoning District, with the added condition that the fencing and landscape plans be brought back to the full Planning Commission for approval and that a wooden fence be provided around the existing single family residence at 291 Llewellyn Avenue, seconded by Commissioner Meyer and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Meyer, Vierhus, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: PJone *** PD 79-14 This is the time and place for a public hearing to Gilman, C. consider the application of Mr. C. Thomas Gilman, on behalf of Mr. Steve Dypvik and Micro-Chassis, for approval of plans to allow the construction of an industrial building on property known as 535 Pa e Street in a P-D (Planned Development/Industria l Zoning District. Commissioner Kasolas reported that the Site and Architectural Review Committee, after reviewing the plans Frith the applicant, is recommending a continuance of this application to the Planning Commission meeting of February 5, 1980. Mr. Kee noted that staff is also recommending a continuance of this application in order that revised plans can be submitted. -14- Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. No one wishing to be heard, Commissioner Kasoias moved that PD 79-14 be continued to the February 5, 1980 Planning Commission meeting, seconded by Commissioner Meyer and unanimously adopted, *** The Commission took a break at 10:38 p.m.; the meeting reconvened at 10:55 p. m. Commissioner Vierhus left the meeting at 10:38 p.m. *** GP 80-1 This is the time and place for a public hearing to Krandel, R. consider the application of Mr. Robert R. Krandel BW Construction and BW Construction for a change of the Land Use Element of the General Plan from "Professional Office" and "Low Density Residential" to "Professional Office" and "Low-Medium Density Residential" for properties located at the northwest corner of S. Bascom and h1ozart Avenues. Mr. Kee reported that at the present time, the Land Use Element of the General Plan in this area indicates a "Professional Office" land use for those properties having frontage on Bascom Avenue. The depth of this professional office designation is approximately 200 feet from the westerly line of Bascom Avenue. The balance of the area, including all of the pro- perties having frontage on Mozart Avenue is presently indicated as "Low Density Residential". The applicant is requesting that the Land Use Element of the General Plan be amended from "Professional Office" and "Low Density Residential" to "Professional Office and/or Lo~v-Medium Density Residential". The existing land uses for the surrounding properties are as follows: to the north - townhouses; to the west and south - orchard; and to the east - orchard and townhouses. The Commission may recall that a similar request for an amendment to the General Plan was considered for the property to the north in 1978. At that time, the applicant was requesting an amendment to allow a "Medium Density Residential'" land use in addition to "Professional Office". The staff had recommended that the medium density be allowed for those pro- perties having frontage on Bascom Avenue. On .May 16, 1978, the Commission adopted Resolution No. 1700, which recommended the "Professional Office and/or Medium Density Residential" land use. On June 12, 1978 the Council gave first reading to an ordinance approving the requested amendment. On July 24, 1978, when this matter was considered for second reading, the Council amended its earlier action and voted to allow only professional office use for the properties fronting on Bascom Avenue. Due to the fact that the County zoning for this area allows residential development, the applicant continued to process an application at the County level, resulting in approval of the 64--unit development. -15- Mr. Kee concluded that it is the staff's opinion that the current proposal to allow "Professional Office and/or Low Medium Density Residential" is compatible with the residential development, both existing and planned, for properties on Bascom Avenue to th=: rit~~~ti, eP the subject property. The proposed combination of uses would also be consistent with the present County zoning ordinance which allows residential development in the P-0 (Professional Office) zone. Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this item. P~1rs. Barbara McNally, representing BW Construction, appeared before the Commission to answer any questions they might have. She explained that the frontage on Bascom is proposed for Professional Office use and the remainder is proposed for residential use. Ms. Martha Freitas of 1618 Mozart appeared before the Commission to speak in favor of the lower density for Mozart, noting that the traffic has become a problem in that area with the recent construction of condominiums in the area. No one else wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1858 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1858 recommending an amendment to the Land Use Element of the General Plan from "Professional Office" and "Low Density Residential" to "Professional Office and/or Low Medium Density Residential" for property having frontage on Bascom Avenue (Parcel 78) and four parcels of land having frontage on Mozart Avenue (Parcels 49, 50, 66 & 67), seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Meyer, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Vierhus *** GP 80-2 This is the time and place for a public hearing to f~1cElroy consider the application of Messrs. Patrick and Terry McElroy for a change of the Land Use Element of the General Plan from Professional Office and Commercial to Medium Density Residential and Commercial for properties known as 31, 41, & 51 Mission Way. Mr. Kee reported that Plr. Stafford would be making the presentation on this application. Mr. Stafford gave background information on this item, noting that in 1975, the City Council approved an amendment to the Land Use Element of the General Plan from "Professional Office" to "Medium Density Residential" for the parcel immediately to the west of the subject properties (GP 75-5). At that time, the City initiated a hearing to consider an amendment to the Land Use Element 15- of the General Plan for the subject properties. The recommendation of the staff at that time was that the General Plan be amended to reflect a "P•1edium Density Residential'° Land Use. The Commission concurred with the staff and adopted a resolution recommending that the Land Use Element be amended to show Medium Density Residential for the subject properties. When this matter vras before the City Ccuncil in 1975, the property owners objected to the proposed residential land use designation. At this time, the owners of the two subject properties are requesting a "Medium Density Residential" Land Use for their land. Staff concurs with this request, and is recommending approval for the following reasons: 1. The property immediately to the west is zoned P-D (Planned Development) and is developed vrith a Medium Density Residential apartment complex. 2. The location of the subject properties on Mission Way are located behind a commercial development on Winchester Blvd. This location would make development of the subject properties for commercial or professional use quite difficult. 3. Access for the parcels on Mission Way, which is 20 feet wide, is in staff's opinion, not the most desirable situation fora commercial or professional office land use. Commissioner Pack inquired if Mission Way is a public street. Engineering Manager Helms reported that Mission Way is a private driveway (street) with abutting access rights to several of the other property owners. Discussion ensued regarding fire access and emergency access thru the adjoining property to the west. Chairman Campos open the public hearing and invited anyone in the audience to speak for or against this application. " Mr. Patrick ~1cElroy, one of the applicants, appeared before the Commission to explain that Mission 4Jay is owned by the property owner to the west, however they have an easement across it. Mr. Doug Stanbridge of 54 Mission Way appeared before the Commission to speak in favor of this General Plan amendment, noting that improvement of this area is needed. No one else wishing to speak, Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1859 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1859 recommending that the Land Use Element of the General Plan be amended from "Commercial-"- and "Professional Office" to "Medium Density Residential" for 31, 41, & 51 Mission Way, seconded by Commissioner Pack and unanimously adopted by the following roll call vote: -17- AYES: Commissioners: Pack, Dickson, Kasolas, Pleyer, Kotowski, Campos NOES: Commissioners: PJone ABSENT: Commissioners: Vierhus RESOLUTION N0. 1860 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1860 recommending setting the date of March 18, 1980 as the date of a public hearing to consider a zone change from P-0 (Professional Office) and C-3-S (Central Business District) to R-2-S (Medium Density Residential) or P-D (Planned Development), seconded by Commissioner Pack and unanimously adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Meyer, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Vierhus *** GP 80-4 This is the time and place for a public hearing to City-initiated consider changing the Land Use Element of the General Plan from Professional Office and Comn~erciai to Medium Density Residential and Commercial for properties known as 54 Mission Way and 2165 S. t~finchester Blvd., and located in a P-0 (Professional Office) and C-3-S (Downtown Commercial) Zoning District. h1r. Kee reported that this property is across the easement from the property considered on the previous application. He noted that 2165 S. IrJinchester Boulevard was included in -error and should not be considered at this time. Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Doug Stanbridge, owner of 54 Mission t~[ay, spoke in favor of this General Plan amendment. No one else wishing to speak, Commissioner Dic[<son moved that the public hearing be closed, seconded by Commissioner hleyer and unanimously adopted. RESOLUTION N0. 1861 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1861 recommending an amendment to the Land Use Element of the General Plan for 54 Mission way from "Professional Office" to "Medium Density Residential", seconded by Commissioner Kasolas and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Meyer, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Vierhus -18- RESOLUTION N0. 1865 Commissioner Dickson moved that the date of March 18, 1980 be set as the date for a public hearing to con- sider a zone change from P-0 (Professional Office) to R-2-S (Medium Density Residential) or P-D (Planned Development) for 54 Mission Way, seconded by Commissioner Kasolas and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Y.asolas, Meyer, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Vierhus *~* GP 80-3 This is the time and place for a public hearing to Saber-Motamedi consider the application of H.H. Saber-Motamedi for a change in the Land Use Element of the General Plan from Commercial to High Density Residential for property known as 64 N. Harrison Street in a P-D (Planned Development) Zoning District. Mr. Kee reported that the applicant is proposing to amend the Land Use Element of the General Plan from "Commercial" to "High Density Residential" for the subject property. 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 noted 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 for this action was to protect the area from undesirable development pending a study of the impact of the new street pattern. The general consensus at that time was that 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. Staff is, however, recommending that the applicant's request for "High Density Residential" be reduced to "Medium Density Residential" in order to keep this density consistent with other multi-family residential densities in the downtown area. Commissioner Kotowski expressed his concern about traffic and noise in this area, and felt that residential use would not be the best use for this parcel. Mr. Kee stated that a commercial use would generate more traffic than a residential use. -19- Chairman Campos opened the public hearing and invited anyone to speak on this application. Mr. Hugh Motamedi, applicant, appeuruU before the Commission to present a petition signed by residents of the area who are in favor of this General Plan change. A copy of this petition is attached hereto and made a part of these minutes. He spoke in favor of this application, noting that the access of this property to main thoroughfares enhanced its use as residential property. He further noted that a commercial use would create more traffic than residential, as well as parking problems in the area. No one wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Dickson and unanimously adopted. Commissioner Dickson stated he felt this proposed use would not be compatible with the surrounding uses. Commissioner Pack noted she would like to see a change from commercial, however she did not feel residential would be the best use. RESOLUTION N0. 1862 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1862 recommending denial of GP 80-3, a change in the Land Use Element of the General Plan from "Commercial" to "High Density Residential" for property known as 64 N. Harrison Street since the proposed use would not be compatible with the surrounding area, and the proposed use would create traffic and noise problems, seconded by Commissioner Kotowski, and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Meyer, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Vierhus GP 80-5 This is the time and place for a public hearing to City-initiated consider changing the Land Use Element of the General Plan from Low-Medium Density Residential to Low Density. Residential for properties known as: 125, 133, 134, 139, 144, 147, 150, 155, 158, 161, 164, 167, 170, 175, 176, 178, 181, 191, 192, 198, 199, 204, 205, 211, 214, 219, 220, 225 & 226 W. Rosemary Lane, and located in an R-1 (P) (Prezoned Single Family Residential) Zoning District. Mr. Y.ee reported that at the present time, the Land Use Element of the General Plan indicates a "Low-Medium Density Residential" land use for the subject properties. After the prezoning of the subject property which was undertaken as part of the MORGA annexation program, the City Council adopted an R-1 (Single Family Residential) prezoning for these properties, and since State Law requires that the Zoning Map and General Plan be consistent with one another, staff is recommending that the Land Use Element of the General P]an be changed from "Low Medium Density Residential°' to "Low Density Residential". -20- Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Rappe of 205 W. Rosemary spoke ~n ;aver of this prezoning of property. No one else wishing to speak, Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1863 Commissioner Dickson moved that the Planning Commission adopt Resolution Pdo.. 1863 recommending a change to the Land Use Element of the General Plan from Low-Medium Density Residential to Low Density Residential for properties known.as: 125, 133, 134, 139, 144, 147, 150, 155, 158, 161, 204, 205, 211, 214, 219, 220, 225, and 226 W. Rosemary Lane, and located in an R-1 (P) (Prezoned Single Family Residential) Zoning District, seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Meyer, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Vierhus * ~ GP 80-6 This is the time and place for a public hearing to City-initiated consider changing the Land Use Element of the General Plan from Low Density Residential to Cormercial for properties known as 864,.880, 915, 921, 920, 930 S. San Tomas Aquino Road, 1204 & 1207 Smith Avenue, 1256, 1260, & 1272 Elam Avenue located in a C-1-S (P) (Prezoned Neighborhood Commercial) Zoning District. Mr. Stafford reported that at the present time, the Land Use Element of the General Plan indicates a "Low Density Residential" land use for the subject properties. After the prezoning of the subject property, which was undertaken as part of the MORGA annexation program,. the City Council adopted a C-1-S (Neighborhood Commercial) prezoning for these properties. Since State Law requires that the Zoning Map and General Plan be consistent with one another, staff is recommending that the Land Use Element of the General Plan be changed from "Low Density Residential" to "Commercial1". Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. Mr. Scelline of 1182 .Smith Avenue, appeared before the Commission to speak in favor of this prezoning. No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Kotowski and unanimously adopted. i. I'' ~ J -21- RESOLUTION N0. 1864 Commissioner Kasolas moved that the Planning Commission adopt Resolution No. 1864 recommending a change in the Land Use ller~~i~nt of the General Plan from "Low Density Residential" to "Commercial" for properties known as 864, 880,' 915, 921, 920, 930 S. San Tomas Aquino Road, 1204 & 1207 Smith Avenue, and 1256, 1260 and 1272 Elam Avenue located in a C-1-S (P) (Prezoned Neighborhood Commercial) Zoning District, seconded by Commissioner Kotowski, and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Meyer, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Vierhus *** At this time it was the consensus of the Commission to move on to Item No. 21 on this evening's agenda since the only persons in the audience were present to speak on that item. GP 80-10 This 'is the time and place fora public hearing to City-initiated consider changing the Land Use Element of the General Plan from Medium Density Residential to Low Medium Density Residential for properties known as 33, 55, 79, 101, 123, 135, 175 Redding Road, and located in an R-2-S (Multiple Family) and R-M (P) (Prezoned Multiple Family) Zoning District. Mr. Stafford rep,,^,rt~d that at tho present time, the Land Use Eiei~~ent of the General Plan indicates a "t~~edi;am Density Residential" land use for the subject properties. After the prezoning of the sub,j~~+a property, which was undertaken as part of the MORGA annexation program, the Citj Council adopted an R-M (Low- Medium Density Residential) prezoning for these properties. Since State Law requires that the Zoning Map and General Plan be cansistent with one another, staff is recommending that the-Land use Element of thL General Plan be changed from "Medium Density Residential" to "Loan-iled-ium Density'Residential". Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this item. t1r. W. L. Schovanec of 135 Redding Road appeared before the Commission to speak in favor of the Medium Density Residential land use. He felt that traffic would not be increased significantly if this area remained as is. h1r. Al McClintock of 123 Redding Road appeared before the Commission to also speak in favor of this area remaining Medium Density Residential. Mr. Dwight Huffman of 55 Redding Road also spoke in favor of the Medium Density Residential land use. No one else wishing to speak, Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. ~,Lc`'_ RESOLUTION N0. 1868 Commissioner Dickson moved that the Planning Commission adopt Resolution "10. 1868 recommending a change in the Land Use Element of the General Plan from Medium Density Residential to Low Medium Density Residential for pro- perties known as 3"s, 55, 79, 101, 123, 135, 175 Redding Road, and located ~in an R-2-S (Multiple Family) and R-P~9 (P) (Prezoned Multiple Family) Zoning District, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kotowski, Campos NOES: Commissioners: Kasoias, Meyer ABSENT: Commissioners: Vierhus GP 80-7 This is the time and place for a public hearing to City-initiated consider changing the Land Use Element of the General Plan from Commercial to Low Density Residential for properties known as 1303 and 1315 Elam Avenue in an R-1 (P) (Prezoned Single Family Residential) Zoning District. Mr. Kee stated that the two properties involved in this General Plan amendment are presently indicated as "Commercial" on the Land Use Element. When the pre Wining of this area was considered by the City Council, these two properties were prezoned R-M (Pultiple Family) in response to the statements made by the property owners. The R-M zoning would be compatible with the R-M prezoning for the properties to the west. In the legal notice that was published, staff inadvertently noticed this hearing for a change from "Commercial" to "Low Density Residential". The notice should have stated that the hearing was to consider a change from "Commercial'° to "Low-Medium Density Residential". Staff is, therefore, recommending a continuance in order that the hearing may be re-noticed. Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. No one wishing to be heard, Commissioner Dickson moved that GP 80-7 be continued to the Planning Commission meeting of March 4, 1980, seconded by Commissioner Meyer and unanimously adopted. GP 80-8 This is the time and place for a public hearing to City-initiated consider changing the Land Use Element of the General Plan from Public, Semi-Public to Low Density Residential for properties known as 1536, 1540, 1548 McCoy Avenue in an R-1 (P) (Prezoned Single Family Residential) Zoning District. -23- Mr. Stafford reported that at the present time, the Land Use Element of the General Plan indicates a "Public, Semi-Public" land use for the subject properties. After the prezoning of the subject property which was undertaken as part of the MORGA annexation program, the City Council adopted an R-1 (Single-Family Residential) prezoning for these properties. Since State Law requires that the Zoning Map and General Plan be con- sistent with one another, staff is recommending that the Land Use Element of the General Plan be changed from "Public, Semi-Public" to "Low Density Residential". Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this item. No one vrishing to speak, Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLt!TIOPd N0. 1866 Commissioner Dickson moved that the Planning Commission adopt Resolution Ne. 1866 recommending a changd 'in the Land Use Element of the General Plan from Public, Semi-Public to Law Density Pesidential for properties known as 1536, 1540, 1548 McCoy Avenue in an R-1 (P) (Prezoned Single Family Residential) Zoning District, seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Meyer, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Vierhus *** GP 80-9 ~ This is the time and place for a public hearing to City-initiated consider changing the Land Use Element of the General Plan from Low-Medium Density Residential to Low Density Residential for properties known as 1252, 1274, and 1294 Walnut Drive in an R-1 (P) (Prezoned Single Family Residential) Zoning District. Mr. Stafford reported that after the prezonings of the subject property, which was undertaken as part of the MORGA annexation program, the City Council adopted an R-1 (Single Family Residential) prezoning for these properties. Since State Law requires that the Zoning Map and General Plan be consistent with one another, staff is recommending that the Land Use Element of the General Plan be changed from "Lo~~~-Medium Density Residential" to "Low Density Residential". Chairman Campos opened the public hearing and invited anyone in the audience to speak on this item. L'.. No one wishing to speak, Commissioner Dickson moved that the public hearng be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. i867 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1867 recommending a change in the Land Use Element of the General Plan from Low-Medium Density Residential to Low Density Residential for properties known as 1252, 1274, and 1294 Walnut Drive in an R-1 (P) (Prezoned Single-Family Residential) Zoning District, seconded by Commissioner Meyer and unanimously adopted by the following roll call vote: AYES: Commissioners: Fack, Dickson, Kasolas, Meyer, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Vierhus *** MISCELLANEOUS Appointment to Planning Commission Subcommittees Referral from City Council Referral from the City Council regarding Interim Zone Status, San Tomas Area. Due to the lateness of the hour, Commissioner Dickson moved that these items be continued to the February 5, 1980 Planning Commission meeting, seconded by Commissioner Meyer and unanimously adopted. *** RESOLUTION N0. 1869 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1869 commending Commissioner George Vierhus for serving as Planning Commissioner, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Pack, Dickson, Kasolas, Meyer, Kotowski, Campos NOES: Commissioners: None ABSENT: Commissioners: Uierhus *** Election of Vice Chairman At this time Commissioner Meyer nominated Commissioner Kasolas as Vice Chairman for 1980, this nomination was seconded by Commissioner Pack. Commissioner Kasolas was then elected Vice Chairman for 1980. *~* -25- ADJOURNMENT It was moved 5y Commissioner Meyer, seconded by Commis_;it~ner Dickson and unanimously adopted that the meeting be adjourned. The meeting was adjourned at 12:35 p.m. APPROVED: Daniel Campos, Vice Chairman ATTEST: _ Arthur A. Kee, Secretary RECORDED: Jeannine Wade, Recording Secretary