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PC Min 10/16/1979PLANNING COMMISSION CITY OF CAMPBELL, CALIF=ORNIA TUESDAY, 7:30 P.M. MINUTES OCTOBER 16, 1979 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: Meyer, Dickson, Pack, Vierhus, Kasolas, Chairman Samuelson; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, Acting City Attorney Brian Cuckworth, Recording Secretary Jeannine Wade. Absent Commissioner Campos. APPROVAL OF MINUTES Commissioner Pack moved that the minutes of the regular meeting of October 2, 1979 be approved as submitted, seconded by Commissioner Meyer and unanimously adopted. COMMUNICATIONS Mr. Kee reported that communications received relate to specific items on the agenda and would be discussed at the time the item is considered. ARCHITECTURAL APPROVALS S 79-39 Application of Mr. William G. Irvine for approval Irvine, W. of plans to remodel the front of an existing structure located on property known as 65 West Hamilton Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Commissioner Kasolas reported that Commissioner Vierhus would be making the report from the Site and Architectural Review Committee for items 1 and 2 on ti?is evening's agenda, Commissioner Vierhus reported that the applicant had met with the Committee this morning, and the Committee is recommending that the request to change the building material of the structure from st:fcco to wood siding be approved. Commissioner Meyer then moved that S 79-39 be approved, seconded by Commissioner Pack and unanimously adopted. *** S;~ 79-50 Appeal by Ms. Laura King and Foodmaker, Inc., of King, L, a decision of the Planning Director which denied a request for a 20-foot high free-standing sign `;:.r Jack-in-t"`-•Bo~. located on property known as 1301 Camden Avenue in a C-2-S (General Commercial) Zoning District. _2_ Mr. Kee reported that the applicant i~as requested a continuance of this appeal to the November 6, 1979 Planning Commission meeting. Commissioner Vierhus reported that the Site and Architectural Review Committee is also recommending a continuance. Commissioner Kasolas then moved that SA 79-SO be continued to the November 6, 1979 Planning Commission meeting, seconded by Commissioner Pack and unanimously adopted. * * ~ PUBLIC HEARINGS S 79-38 This is the time and place for a public hearing to Chalmers, W. consider the application of Mr. W. L. Chalmers for approval of plans to move two single-family residences from 700 and 786 McGlincey Lane onto the southerly portion of property known as 700 McGlincey Lane in an R-1 (Single- Family Residential) Zoning District. Mr. Kee reported that the Site and Architectural Review Committee had reviewed this application this morning, and after considerable discussion it was suggested that the applicant prepare a letter regarding the house proposed to be moved. A letter from the applicant, dated October i6, i979, had been distributed to the Commission, and the Recording Secretary read into the record the subject letter in which thQ applicant withdrew hi- application for house '°A", and set forth added conditions regarding house "B". A copy of this letter is attached hereto and made a part of this record. Mr. Kee then located the property for the Commission and explained that the applicant had originally requested that two hc9.~ses be moved, and has decided to only move one at this time. He indicated that staff's original recommendation had been for a continuance; however, since the .applicant has submitted a revised request, it would be up to the Commission to determine whether or not this would be compatible with the neighborhood. Commissioner Pack inquired about how binding the letter from the applicant would be. Mr. Kee responded that the Commission could add this letter, or the items listed therein, as a condition of approval of this application; otherwise, it would only be a letter of intent. Commissioner Kasolas reported that this item was discussed at this morning's Site and Architectural Review Committee meeting at length, and that Commissioner Vierhus and he were not in complete agreement about how this matter should be handled; therefore, the Committee is referring this application to the entire Commission for consideration. Commissioner Kasolas further reported he felt there is a needy for drawings; also the Architectural Advisor is recommeodi:mg that this not be approved. He indicated his main concern is whether or not this would be compatible with the neighborhood. He noted that Commissioner Vierhus is in -3- favor of recommending approval subject_to Planning Director and Architectural Advisor approval. He then stated he would recommend a cgntinuance of this application in order that plans c~.:-u:i ~:: c~bmitted, or a denial at this time. Commi"ssioner Vierhus reported he felt, with the letter stating the added conditions, this would be ample guarantee to be able to go ahead and approve the moving of house "B". He noted that the applicant is also the owner of the house and intends to live in•the house once it is moved." He felt approval could be granted subject to a review by •the Planning Director and Architectural Advisor. Commissioner. Dickson expressed his desire to have additional information on this application; particularly aerials for this location. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Chalmers of 700 McGlincey (applicant) appeared before the Commission to explain that he plans to live in the home proposed to be moved. He reiterated the conditions listed in his letter, stating that he would have no objection to these being conditions of approval of this.appli~ation. Much discussion ensued regarding the submittal of additional information on this application; i.e,., aerials, plans, location of house on property, etc. Commissioner-Dickson then moved that this application be continued in order that additional information could be provided. This motion-failed for lack of a second. No one else wishing to speak, Commissioner Vierhus moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. Commissioner Kasolas then moved that S 79-38 be denied since sufficient information had not been received in order-to make a decision on this matter. This motion was seconded by Commissioner Dickson and failed by the following roll call vote: AYES: Commissioners: Dickson, Kasolas" NOES: Commissioners: Meyer, Pack, Vierhus, Samuelson ABSENT: Commissioners: Campos , RESOLUTION N0. 1828 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1828 recommending approval of S 79-38 -- approval of plans to move a single-family residence ontr, the southerly portion of property known as 700 McGlincey Lane (House "B") -- subject to the conditions listed in the Staff Comment Sheet as well as the conditions listed in Mr. W. L. Chalmers' letter of October 16, 1979, and that plans be referred back to the Planning Director and Architectural Advisor for approval. This motion was seconded by Commissioner Vierhus and adopted by the following roll call vote: -4- AYES: Commissioners: Meyer, Pack, b'ierhus, Samuelson NOES: Comr~issior~ers: Dickson, Kasolas ABSENT: Commissioners: Campos ~~* The Commission took a break at d:25 p.m.; the meeting reconvened at 8:35 p.m. ~** PD 79-9 This is the time and place for a public hearing to Vierra, H. consider the application of Mr. Howard L. Vierra for approval of plans to construct 10 condominium units on property known as 51 and 55 Dot Avenue in a P-D (Planned Development/Medium Density Residential) Zoning District. Commissioner Kasolas reported that the applicant had discussed this application at length this morning with the Site and Architectural Review Committee; and the applicant has requested a continuance of this application to the Planning Commission meeting of November 6, which the Committee is agreeable to. Mr. Kee stated that staff is also in agreement with the requested continuance. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak on this item. No one wishing to speak, Commissioner Kasolas moved that PD 79-9 be continued to the November 6, 1979 Planning Commission meeting ,seconded by Commissioner Vierhus and unanimously adopted. PD 79-11 This is the time and place for a public hearing to Stokes, G. consider the application of Mr. Gary G. Stokes and Cal-Com Leasing and Development Company for approval of plans, elevations, and development schedule to allow construction of 12 townhomes on property known as 60 and 74 Redding Road, shown on the Land Use Element of the General Plan for Law-Medium Density Residential (6-•13 units per gross acre). Mr. Kee reported that the applicant is proposi-~g to construct 12 townhomes on a 37,300 square foot site, resulting in a density of approximately 12.5 units per gross acre. The proposed two-story structures will cover approximately 26% of the 0.86 acre (net) site. Building materials are indicated as stucco and wood siding with plywood and wood trim. The applicant is providing 36 parking spaces (16 covered); the resulting parking ratio of 3 spaces per unit satisfies the code requirements for three bedroom townhouse units. The site plan indicates that approximately 43% of the site will be landscaping or open space, and the Architectural Advisor.is of the opinion that the design of the buildings is acceptable. -5- Mr. Kee further noted that on September 11, 1979, the Planning Commission recommended RM prezoning (l3 units per acre) far the subject property. 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 presented. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this item. No one wishing to be heard, Commissioner Vierhus moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. At this time Commissioner Pack inquired of any improvements planned for the intersection of Redding and Whiteoaks. Engineering Manager Helms explained that the intersection is within the County's jurisdiction, and the County had been contacted on several occasions. County staff had advised th«t they would be in contact with the property owner regarding the sight problem at that intersection. RESOLUTION NO. 1829 Commissioner Vierhus moved that the Planning Commission adopt Resolution No. 182.9 recommending approval of PD 79-11 subject to annexation of the property and the conditions of approval listed in the Staff Comment Sheet, seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Pack, Vierhus, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Campos RESOLUTION NO. 1836 Commissioner Vierhus moved that the Planning Commission adopt Resolution No. 1836 recommending that the City Council prezone this property P-D, seconded by Commissioner Meyer and unanimously adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Pack, Vierhus, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Campos *** UP 79-23 This is the time and place for a continued public Garcia, N. hearing to consider the application of Mr. Norman C. Garcia on behalf of Rainbow Enterprises for a use perrnit to allow a theater on property known as 96 N. San Tomas Aquino Road in a C-2-S (General Commercial) Zoning District. Mr. Kee reported that staff is recommending denial without prejudice of this application since the applicant has not submitted the requested information. d .. b Commissioner Pack inquired if staff had been in contact with the applicant regarding this requested additional information. Mr. Kee responded affirmatively. Chairman Samuelson invited anyone in the audience to speak on this item. No one wishing to be heard, Commi ss~i Drier Pa+rk moved treat tt~e publ i c hearing be closed, seconded by Commission Dickson and unanimously adapted. RESOLUTION N0. 1830 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1830 denying without prejudice the application of Mr. Norman C, Garcia on behalf of Rainbow Enterprises for a use permit to allow a theater on property known as 96 N. San Tomas Aquino Road in a C-2-S (General Commercial) Zoning District, seconded by Commissioner Meyer and un- animously adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson., Pack, NOES: Commissioners: None ABSENT: Commissioners: Campos Vierhus, Kasolas, Samuelson UP 79-24 This is the time and place for a continued public Quinn, A. hearing to consider the application of Ms. Kathleen Damon Development Quinn and Damon Development Company, Inc., for a use Company permit and approval of plans to allow construction of a 13-unit townhouse type development on property. known as 2941-2960 Del Loma Drive in an Interim (Low Density Residential) Zoning District. Mr. Kee reported that this item was continued from the meeting of October 2, 1979 in order that the applicant could submit revised plans which would conform to the density specified by the General Plan. The revised plans indicate that the applicant is proposing to construct 13 two-story cluster homes on a 2.26 acre parcel, resulting in a density of approximately 5.8 units per gross acre. The proposed structures will cover approximately 19% of-the site. Building materials will vary with the 3 alternatives for each of the two basic floor plans. The siding will either be wood, wood shingle or stucco, and the roofing material will be wood shingle. The applicant is providing 44 parking spaces (13 two-car garages and 18 uncovered spaces) which results in a parking ratio of 3.3 spaces per unit. The site plan indicates that there will be large areas of private yard and a large common area adjacent to the proposed West Valley Freeway. The Architectural Advisor is of the opinion that the design is acceptable. Since this is a low density, cluster home, type of development which includes common open space and private streets, staff is also recommending that this property be rezoned to P-D (Planned Development/Low Density Residential) once the Interim Zone is removed. -7- Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning, and the Committee is recommending approval of the plans as submitted. He also noted at this time that Condition F, as listed in the Staff Comment Sheet, would not be required and should be deleted. Chairman Samuelson invited anyone in the audience to speak for or against this application. No one wishing to speak, Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1831 Commissioner Pack moved that. the Planning Commission adopt Resolution No. 1831 recommending that the City Council approve UP 79-24 with the deletion of Condition F, seconded by Commissioner Kasolas and unanimously adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Pack, Vierhus, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Campos RESOLUTION N0. 1832 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1832 recommending that the City Council zone property known as 2941 - 2960 Del Loma Drive P-D when the Interim Zone is removed. This motion was seconded by Commissioner Kasolas and unani- mously adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Pack, Vierhus, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Campos Commissioner Vierhus, applicant, noted that he would stepping down from his post as Commissioner and would be in the audience should the Commission wish to address any questions to him. UP 79-26 This is the time and place for a public hearing to Vierhus, G. consider the application of Mr. George Vierhus for a use permit and approval of plans to allow the remodeling of an existing building located on property known as 35 Dillon Avenue in a P-D (Planned Development/Industrial) Zoning District. Mr. Kee reported that the applicant is proposing to remodel an existing non- conforming office building which is located on the subject property. The Zoning Ordinance provides that maintenance repairs and alterations may be made to a non-conforming building provided that no structural changes are made. The applicant is not proposing any structural changes to the building. The plans indicate the addition of new exterior building materials which will be redwood siding. Wood shingles are proposed for a new mansard roof. New "greenhouse" windows are proposed for the window area. The applicant has indicated that the intensity of use for the remodeled office space will be less than it was when the editorial offices of the Campbell Press were located in the building. Staff is recommending that, as a condition of approval, the applicant be required to submit a detailed landscape plan indicating landscaping in planter boxes along the front and northerly side of the building. At the present time, there is no landscaping on the site. The Architectural Advisor has indicated that the plans are acceptable. Commissioner Kasolas reported that the Site and Architectural Review Committee reviewed this application this morning and is recommending approval. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this item. No one wishing to speak, Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1833 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1833 recommending approval of UP 79-26, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Pack, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Campos, Vierhus Commissioner Vierhus returned to his seat on .the Commission. *** UP 79-27 This is the time and place for a public hearing to Martinez, M. consider the application of Mr. Michael Martinez for. a use permit and approval of plans to allow a water slide facility on property known as 2885 S. Winchester Blvd. in an Interim (Commercial) Zoning District. Mr. Kee reported that the applicant is requesting approval of plans to convert an existing skateboard park into a waterslide park. Staff is of the opinion that the proposed use is similar in nature to the existing skateboard park and should be compatible with the surrounding area. One area of concern that the staff has, however, concerns the proposal to con- struct a mound that will be 24' above grade. At the present time, the starting platform for the skateboard park is 10 feet above .grade, and the spectator deck is 18' above grade. Staff is recommending that this mound be reduced as much as possible in order to reduce the project's impact on the neighboring properties. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning. He noted that the Committee had discussed the construction of the spectator deck at lenn+" anri the Committee is recommending approval of this application subject ~ ~~on No. 9 being reworded to include: "Landscaping plan ... to be submitted for approval of the Site and Architectural Review Committee and Planning Director within g0 days of application for building permit." -9- Chairman Samuelson inquired about noise generated from this project. Commissioner Kasolas responded tt.a~,: Condition No. 3 would provide for the applicant to submit a report certifying adequate sound attenuation will be provided. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this application. Mr. Terry Barnard of 286 tJ. Sunnyoaks Avenue, property owner adjacent to the existing skateboard park, appeared before the Commission to explain his objections to the proposed water slide. He noted that there has been con- siderable noise generated by the existing skateboard facility; both by the children using the facility and the skateboards. There is a problem of litter in the area. The owner of the skateboard facility had promised trees along the fence, and thus far trees have not been planted. (These trees were to have been used as a noise and sight buffer,, since they were expected to have drown 25' in height.) He further noted a problem with the lighting of backyards to the area from the lights facilitating the skateboard park. He felt consideration should be given to the residents living near the facility, and felt the 25' observa- tion deck might infringe upon his privacy. Mr. Mike Martinez, applicant, appeared before the Commission to explain that they could relocate the observation deck; and they had failed to put in the trees as expected. Mrs. Jones of 400 Sunnyoaks Avenue explained that there is considerable noise generated by the present facility and expressed her concern about the added noise caused by the proposed facility. She noted that the observation point is visible from her backyard. Mr. Vaughn McGee of 5059 Harwood, ,San Jose (Architect for the project) stated that the applicant plans to cooperate in any way to do whatever is necessary to make this project compatible with the neighborhood. Commissioner Dickson inquired of the applicant if he were aware of any problems encountered with other similar facilities to the one proposed. Mr. Martinez responded that thus far there have not been problems with the facility in Milpitas, and he does not anticipate any problems with the one proposed. Commissioner Dickson then inquired about the height limitation in this zoning district. Mr. Kee explained that the height limitation is 35'. Commissioner Dickson then inquired about the hours of operation proposed for this facility. Mr. Martinez responded that it is planned to have this facility open only 5 months during the year; however, there would be someone to maintain the facility on a year-round basis, probably 8 a.m. to 5 p.m. No one else wishing to speak, Commissioner Meyer moved that the public hearing be closed, seconded by Commissioner Dickson and adopted. -10- Commissioner Pack stated that she would be abstaining on this application due to a possible conflict of interest and left the Council Chambers. Motion Commissioner Dickson expressed his concerns about the unanswered questions on this application; i.e., what kind of noise generated, what kind of controls, etc., and therefore moved for denial of this application. This motion was seconded by Commissioner Meyer. Discussion of Motion Commissioner Vierhus felt that a continuance would be in order so that the applicant would have the opportunity to respond to some of the concerns of the Commission. Commissioner Kasolas felt there were no problems with the proposed use; and though the concerns of the neighbors should be addressed, he felt the property owner has a rioht to use his property since he is within the constraints of the Zoning Code. Vote on Motion AYES: Commissioners: Meyer, Dickson, Samuelson NOES: Commissioners: Vierhus, Kasolas ABSENT: Commissioners: Campos ABSTAIN: Commissioners: Pack The Acting City Attorney determined that this motion failed since it takes four votes to pass a motion. Commissioner Kasolas then moved that the public hearing be reopened and that this item be continued to the November 6, 1979 meeting in order that the applicant would have additional time to respond to some of the concerns of the Commission, as well as having a full Commission present. At this time the applicant noted his concurrence with this recommendation. This motion was seconded by Commissioner Vierhus and adopted.. Commissioner Pack re-entered the Council Chambers at this time. *** ZC 79-6 This is the time and place for a public hearing to SM&J Land Co. consider the application of the S.M.& J. Land Company for a 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 property known as 599 E1 Patio Drive. Commissioner Kasolas reported that the applicant, at this morning's Site and Architectural Review Committee meeting, requested a continuance to the November 6, 1979 meeting in order to resolve some concerns about driveways, curbs, and what he plans to do with the existing house on the property. v Chairman Samuelson opened the public hearing and invited anyone in the audience to speak for or against this item. Mrs. Edith Morley of 649 E1 Patio Drive appeared before the Commission to speak against any further homes being built in this area and expressed the desire to have the zoning remain as is. Ms. Alma Fanning of 598 E1 Patio Drive spoke in favor of this project, noting any improvements made to this property would improve the entire area. Mr. Lon Mills of Dick Finnegan, representing the applicant, explained the project to the Commission. He noted that the change in zoning would not increase the density as shown on the General Plan, it would only allow the applicant to retain the existing structure and make modifications to it to comply with existing standards. He further noted that because of the pro- perty lines proposed (3' ra±her than 5') a P-D zoning is being requested. Commissioner Pack then inquired if Page Street had been improved. Engineering Manager Helms responded that it had not. He then explained that reconstruction or overlay of the street would take place sometime in the near future, however it is not planned to be fully improved. He then further explained the ingress and egress of traffic to this proposed site as well as the Bosholm development to the north of this site. Commissioner Dickson expressed his concerns about the homes being so close together and wondered if the Fire Department had expressed any concerns along these lines. Mr. Kee responded that all-concerns of the Fire Department had been resolved. Commissioner Dickson then inquired about the street right-of-way since the existing structure is proposed to remain. Engineering Manager Helms stated that the Public Works Department did not foresee any problems with the house remaining; it is beino suggested that the sidewalks be moved closer to the house, and there did~not seem to be any visibility problems. Commissioner Dickson felt this application and the concerns of the Cornmissicn should be addressed by the Fire Department. Commissioner Vierhus then moved that ZC 79-6 be continued to the November 6, 1979 Planning Commission meeting, seconded by Commissioner Pack and unanimously adapted. **~ ZC 79-7 This is the time and place for a public hearing to L.B. Nelson Co. consider a request from the L. B. Nelson Corp. for a change of zoning from P-F (Public Facilities) to R-3-S (Multiple Family/Fligh Density Residential) and a City-initiated zone change to establish an 0-S (Open Space Overlay) for property known as 480 E. Hamilton Avenue. -12- Mr. Kee reported that the applicant has requested a continuance of this item to the November 6, 1979 Planning Commission meeting and staff is in accord with the request. Commissioner Pack reported that she was aware of an injunction placed on this particular property and inquired of the City Attorney if action could be taken on the zone change at this time. Acting City Attorney Duckworth reported that since the City is not a party to the restraining order or injunction, he could see no reason why action on the zoning could not be taken at this time. At this time Chairman Samuelson opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Herb Young of 383 Harrison Avenue appeared before the Commission to speak against high density for this area. He noted that the property owners of the area are in the process of circulating a petition asking for single-family zoning for this area. The resident of 382 Harrison Avenue also spoke against high density for this area. Mr. Stanis Rohde of 372 Harrison Avenue also spoke against high density; again noting that a petition is being circulated. No one else wishing to speak, Commissioner Pack moved that ZC 79-7 be continued to the November 6, 1979 Planning Commission meeting, as requested by the applicant, seconded by Commissioner Meyer and unanimously adopted. *** ZC 79-8 This is the time and place for a public hearing to City Initiated consider a change of zoning from P-F (Public Facilities) to P-D (Planned Development) and 0-S (Open Space) Zoning (referral from Council) for property known as 51 E. Campbell Avenue. Mr. Kee reported that at its meeting of September 18, 1979 the Planning Commission took action to recommend that the Land Use Element of the General Plan for the subject property be amended to allow "High Density Residential" and "Professional Office and/or High Density Residential" land uses. The Commission also took action to direct the staff to set October 16, 1979 as the date for a public hearing to consider PD .(Planned Development) Zoning. It should also be noted that under separate action on July 9, 1979, by the City Council, direction was given to the Planning Commission that 0-S (Open Space) zoning should be considered for this site. In regard to that direction, the following actions have been taken: 1. The Planning Commission, after recommendation by the staff, on August 7, 1979, recommended that the Open Space zoning not be established on the property until the "Public, Semi-Public" Land Use of the General Plan had been changed to an appropriate land use. - - - ~ ~' -13- 2. On August 27, 1979, the Council considered the Planning Commission's recommendation and continued the public hearing until September 10, 1979. 3. On September 18, 1979, the Planning Commision considered changing the Land Use Element of the General Plan from "Public, Semi-Public" land use to a combination of "High Density Residential" and "Professional Office - High Density Residential". The office portion concerned the site where the old grammar school building is now standing. On October 8, 1979, the City Council approved first reading of an ordinance to establish the high density and office land use on the subject property. 4. The Open Space Zoning consideration at the Council level was continued to the October 8, 1979 Council meeting. 5. On October 8, 1979, at the City Council meeting, the Open Space consideration was again continued until the October 22, 1979 meeting in order that the Planning Commission could consider recommendations on the property. As the Commission is aware, it is necessary that zoning be established which is consistent with the General Plan. At this meeting, P-D (Planned Development) and 0-S (Open Space) Zoning are being recommended. P-D would be consistent with the High Density-Office land use on .the Land Use Element of the General Plan, and the Open Space Zoning is supported by the Open Space Element of the General Plan. In review of the Open Space Element of the General Plan it would seem that the intent is to provide for acquisition of public open space when possible and to provide for private open space when feasible while allowing development of a site. This site is shown on the Open Space Inventory of the General Plan for "Public, Semi-Public" Open Space. Chairman Samuelson opened the public hearing and invited anyone in the audience to speak for or against this item. Mr. Ted .Rogers, Chamber of Commerce, reported that as a result of Board action, the Chamber feels that P-D zoning would give adequate control for this area and does not feel the 0-S zoning is necessary. Mr. Dan Bryant, applicant, appeared before the Commission to speak against the 0-S zoning, noting it would not be economically feasible to construct housing on this site should the 0-S zoning be placed on it since only 20 percent of the site would be able to be used for construction purposes. He noted that with the use of only 20 percent of the land for construction, the project would have to be six to eight stories high in order to be economically feasible; he further noted that the cost of a building over four stories high would raise the con- struction costs exhorbitantly (approximately 50 percent), making the project totally economically unfeasible. Chairman Samuelson inquired about the percentage of land proposed to be used for the construction of the units in mind at this time. Mr. Bryant indicated that it would probably be 35 to 40 percent, however he is not certain at this point in time. Commissioner Vierhus inquired of Mr. Bryant if it had been decided what the old grammar school would be used for. -14- Mr. Bryant responded that the grammar school would be converted into professional office use, and it is intended to use the same landscape architect who originally landscapcu ~~~e i~u~lding in 1951. He noted that both the professional offices and townhomes will be designed by the same architect so they will be completely compatible. Mr. Bill Errico, one of the partners in this development, appeared before the Commission to urge that the 0-S zoning not be placed on this property. He noted that there is no way construction costs could be met with the restrictions placed by the 0-S zoning. He then made reference to a letter from Mrs. Elizabeth R. Haynes of 775 N. Harrison Avenue, adjacent property owner, urging the Council and Commission to not place the 0-S zoning on this property. Mr. Kee noted that each Commissioner had received a copy of this letter and due to the lateness of the hour and the long agenda, he stated that the letter would not be read but would be made a part of these minutes. Mrs. Haynes's letter dated October 10, 1979 is attached hereto and officially made a part of these minutes. No one else wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. Commissioner Pack spoke against placing the 0-S overlay zoning on this particular property, noting Campbell has a fair amount of land that is open space. She felt this project might fall through should this zoning be placed on it, and that would not be in the best interests of the City. Commissioner Dickson was in agreement with Commissioner Pack's statements, noting however that he did not feel Campbell has enough open space and each application before the Commission should be reviewed on its own merit. He also felt this property did not lend itself to the 0-S overlay zoning. Commissioner Kasolas felt the 0-S overlay zoning would be a hardship on the property. RESOLUTION N0. 1834 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1834 recommending that the zoning for 51 E. Campbell Avenue be changed from P-F (Public Facilities] to P-D (Planned Development), seconded by Commissioner Kasolas and unanimously adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Pack, Vierhus, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Campos At this time Commissioner Dickson inquired if it would be proper to inquire of the property owner of the West Valley College site what the long-range plans are for this site (area north of the property known as 51 E. Campbell Avenue). Commissioner Dickson moved that staff be directed to send a letter to the property owner or governing board of the West Valley School District inquiring what the long-range plans for this site might be. This motion was seconded by Commissioner Vierhus and unanimously adopted. *** i -15- MISCELLANEOUS S 79-38 Request of Mr. Jim Lyle for a one year extension of Lyle, J. :i~~~e,for reviousl a p y pproved plans to allow construe of 12 apartment units on property known as 150 W. Rii Avenue in a R-2-S (Multiple Family/Medium Density Residential) Zoning District. Mr. Kee explained that the applicant is requesting a one-year extension of previously approved plans to construct 12 apartment units at 150. W. Rincon Avenue. He noted that staff is recommending approval of this request. Commissioner Vierhus moved that approval of a one-year extension for S 79-38 be granted, seconded by Commissioner Dickson and unanimously adopted. *** UP 74-9 Application of Mr. and Mrs. William J. Martin, Jr. S 68-25 to change the classification and allowed uses of a _ Martin, W, building from warehousing to speculative industrial. Said building is located on property known as 190 Dillon Avenue in a P-D (Planned Development/Industria Zoning District. Mr. Kee stated that staff is reco-ronending approval of this request subject to the following three conditions: 1.. Existing fencing to be repaired or replaced. 2. Areas shown for landscaping on the previously approved plan to be relandscaped. 3. Outdoor storage area at east end of property to be eliminated and the area to be paved. At this time the .applicant, who was in the audience, noted that he is in agreement to the conditions proposed by staff. Commissioner Kasolas mentioned that landscaping has been a real concern of the Commission and wondered if possibly some follow-up should be taken to insure the landscaping is in order. After much discussion of landscape maintenance, Commission Vierhus moved that cI UP 74-9 and S 68-25 be approved subject to the following conditions: 1. Existing fencing to be repaired or replaced. 2. New landscape plans for areas shown for landscaping on the previously approved plans shall be presented to the Planning Director for approval. 3. Outdoor storage area at east end of property to be eliminated and the area to be paved. This motion was seconded by Commissioner Meyer and unanimously adopted. *** _l~;_ At this time it was the consensus o-~ the Commission to consider Item No. 17 on the agenda, should the applicant be in the audience, S 74-13 Application of Ashlock & Pzrradies, Inc. for a minor Ashlock & modification to convert 450 square feet of existing Paradies, Inc. warehouse space to office storage space and a plan takeoff room on property known as 905 Dell Avenue in a M-1-S (Light Industrial) Zoning District. Mr. Kee reported that staff is recommending approval of this request. Commissioner Dickson then moved that S 74-13 be approved, seconded by Commissioner Meyer and unanimously adopted. *** Staff Report Review of Housing Assistance Plan. Mr. Kee introduced Ms. Nancy Hendee to the Commission, explaining that Ms. Hendee is Acting Housing and Community Development Coordinator since Thom McCue has resigned his position with the City. Ms. Hendee reviewed the report with the Commission, noting that the County had just this week come out with new guidelines which would be incorporated in Campbell's plan. At this time Commissioner Dickson moved that the Planning Commission find that the Housing Assistance Plan is in accord with the City's General Plan, seconded by Commissioner Meyer and adopted. Commissioner Kasolas noted at this time that he was not in agreement with Item No. 2 listed in the Staff Comment Sheet report: "City could require that all new housing developments provide 15 percent of units for sale below the prevailing market costs." Commissioner Samuelson noted that he also was not in agreement with this statement. ~** Referral from Notification of City Council/San Tomas Task Force City Council Study Session to be held on Monday, November 19, 1979, at 7:30 p.m. Commissioner Dickson moved that this referral be acknowledged and filed, seconded by Commissioner Meyer and unanimously adopted. Staff Report Request from the staff that the Planning Commission direct staff to set the date of a public hearing to consider 0-S (Open Space) Zoning on public school sites with parks. -77- RESOLUTION N0. 1835 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1835 setting Tuesday, December 4, 1979 at 7:30 p.m. as the date and time for a public hearing to consider 0-S (Open Space) zoning on public school sites with parks (ZC 79-9), seconded by Commissioner Meyer and unanimously adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Pack, Vierhus, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Campos Items Brought Up by Commissioners Commissioner Kasolas expressed concern about the area in and around Tower Records, noting that possibly the adjoining street (McBain) be closed off, improving the traffic flow. Engineering Manager Helms reported that there is a proposed LID to be constructed at Bascom and Fung Lum's Restaurant, which should alleviate some of the traffic in this area. ADJOURNMENT It was moved by Commissioner Meyer and seconded by Commissioner Dickson that the meeting be adjourned. The meeting adjourned at 11:37 p.m. APPROVED: Carl E. Samuelson, Chairman ATTEST: RECORDED: Arthur A. Kee, Secretary Jeannine Wade, Recorder