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PC Min 10/02/1979PLANNINr, COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES OCTOBER 2, 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, Campbell, California. ROLL CALL Present Commissioners: Meyer, Dickson, Campos, Pack, Vierhus, Kasolas (7:54), Chairman Samuelson; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert Dempster (7:55), Recording Secretary Jeannine Wade. Absent None APPROVAL OF MINUTES A. Commissioner Pack noted that on Page 13 of the Special Meeting MORGA Annexations Public Hearing Minutes of September 11, 1979 under "Whiteoaks 1979-3", Paragraph 3, the intersection should have been Whiteoaks and "Redding Road"; she then moved that the minutes of September 11, 1979 be approved as corrected, seconded by Commissioner Campos and unanimously adopted. B. Commissioner Pack moved that the minutes of the regular meeting of September 18, 1979 be approved as submitted, seconded by Commissioner Campos 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 79-34 Application of Mr. James A. Silva for approval of Silva, J. plans to construct a warehouse building on property known as 180 Kennedy Avenue in an M-1-S (Industrial) Zoning District. Commissioner Vierhus reported that the applicant had met with the Site and Architectural Review Committee this morning, and after discussion the Committee is recommending approval subject to the deletion of Condition No. 10 as indi- cated on the attachment to the Staff Comment Sheet, and with the addition of a new Condition Pao. 10 which would read "Applicant shall pave Phase I parking area indicated in red on the site plan" and an added Condition No. 11 which would read "Building materials are to include tan slumpblock as indicated in red on plans." -2- Commissioner Vierhus noted that t;;~s aj~j~~i i~~itt is in agreement with the added conditions. Mr. Kee reported that staff is recommending approval of this application with the added conditions imposed. Commissioner Pack then moved that S 79-34 be approved subject to the conditions attached hereto and made a part of these minutes, seconded by Commissioner Meyer, and unanimously adopted. *** PUBLIC HEARINGS S 79-36 This is the time and place fora public hearing to Brooks, V. consider the application of Mr. Vernon Brooks for approval of plans to move a single-family residence from 2308 N. First Street in San Jose onto property known as 1880 Whiteoaks Road, Campbell, located in an R-1 (Single-Family/Low Density Residential) Zoning District. Mr. Kee reported that staff is recommending approval of this application. He noted that the applicant is proposing to move a 2,60C square foot single-family residence onto a 10,050 square foot lot and the residence will cover approximately 26% of the site. Building materials are indicated as stucco siding and cedar shingle roofing with a tar and gravel roof on the rear portion of the structure. He further noted that it is staff's opinion that the residence will be compatible with the existing neighborhood. Commissioner Pack inquired if Condition F listed on the Conditions of Approval is applicable to this application since it is a residence. Mr. Kee reported that Condition F is not necessary on this application. Chairman Samuelson inquired if this structure would be placed on a second lot at this site. Mr. Kee explained that this would be a lot created by the filing of a parcel map. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this application. Mr. Vern Brooks, applicant, appeared before the Commission to explain that a parcel map had already been filed with the County in order to create the lot for this single-family residence. No one else wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. -3- RESOLUTION N0. 1824 Commissioner Vierhus moved that the application of Mr. Vernon Brooks for approval of plans to move a single-family residence from 2308 N. First Street in San Jose onto property known as 1880 Whiteoaks Road, Campbell, located in an R-1 (Single-Family/ Low Density Residential) Zoning District be approved subject to deletion of Condition F as listed in the Staff Comment Sheet, seconded by Commissioner Campos and adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Campos, Pack, Vierhus, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Kasolas *** pp 79-g This is the time and place for a continued public Crowley, P. hearing to consider the application of Mr. Paul E. Crowley for approval of plans, elevations, and development schedule to allow construction of 8 condominium units on property known as 49 Dot Avenue in a P-D (Planned DevelopmentlMedium Density Residential) Zoning District. Mr. Kee reported that this application had been before the Site and Architectural Review Committee several times and as a result of those meetings the plans pre- sented this evening have incorporated the suggestions and recommendations of the Committee, and staff is recommending approval of this application. Commissioner Vierhus reported that the Site and Architectural Review Committee is recommending approval of this application. He also noted that the applicant had appeared before the Committee on a number of occasions, and as a result of those meetings, the applicant has come before the Commission with a well designed project. He noted that the only change recommended by the Committee was the shifting of the landscaping as noted on the plans, and the applicant is in agreement to that change. Commissioner Kasolas entered the Council Chambers at 7:54 p.m. Some discussion ensued regarding the Architectural Advisor's term "acceptable". It was the consensus that this would be further discussed later during the meeting, and possibly be considered as a study session item. Chairman Samuelson invited anyone in the audience to speak on this item. Mr. Crowley, applicant, appeared to thank the staff and the Committee for their recommendations on the changes to the plans. Mr. Rick Augustine, architect, appeared to answer any questions the Commission might have. Commissioner Pack inquired if it would be possible to have the landscape plans come back before the Committee as well as the Planning Director. Mr. Kee reported that he did not find a problem with that suggestion. -4- No one else wishing to speak, Co~,~r~;<::~~;:,~:~w~r~ ~~~asolas moved that the public hearing be closed, seconded by Co;;~~~.ssicrc,~ Meyer and unanimously adopted. RESOLUTION N0. 1825 Commissioner Vier'ttus moved that the Planning Commission adopt Resolution No. 1825 recommending that the City Council approve the application of Mr. Paul E. Crowley for plans, elevations and development schedule to allow construction of 8 condominium units on property known as 49 Dat Avenue in a P-D (Planned Development/ Medium Density Residential) Zoning District with Condition No. 2 revised to read "Landscaping plan... to be submitted for approval of the Planning Director and Site and Architectural Review Committee prior to application for building permit." This motion was seconded by Commissioner Pack and unanimously adopted - by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Campos, Pack, Vierhus, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: None Mr. Kee noted to the applicant at this time that there would be a public hearing before the City Council to consider this item, and he could call the Planning Department to find out the exact date it would be considered. *** PD 79-10 This is the time and place fora public hearing to Medina, G. consider the application of Rev. Gloria Medina for approval of plans to convert an existing residence into a metaphysical-spiritual development center on property known as 824 E. Campbell Avenue in a P-D (Planned Development/Commercial) Zoning District. Mr. Kee reported that staff is recommending a continuance of this application to the November 6 meeting, and the Committee and applicant are in agreement with this recommendation. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning, and problems regarding ingress and egress were discussed with a member of the Public Works Department present. There were also concerns about parking and widening of Union Avenue. The applicant wished to discuss these concerns with the owner before presenting revised plans, and was in agreement with the recommended continuance to the November 6 meeting. Chairman Samuelson opened the public hearing and invited anyone in the audience to speak on this item. No one wishing to speak, Commissioner Pack moved that PD 79-10 be continued to the November 6 Planning Commission meeting, seconded by Commissioner Meyer and unanimously adopted. *** -5- UP 79-15 _ This is the time and place for a continued public Haigh, J. hearing to consider 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 known as 535 Westchester Drive in an M-1-S (Light Industrial) ,.Zoning District. Mr. Kee reported that a letter had been received from the applicant withdrawing his application; therefore, staff is recommending that the Commission deny this application without prejudice in order to remove it from the agenda. RESOLUTION N0. 1825 Commissioner Meyef~ moved that the Planning Commission adopt Resolution No. 1826 denying without prejudice ,the application of Mr.~Jack Haigh and Syufy Enter- prises fora use permit and approval of plans to allow the addition of a screen and projection booth to an existing drive-inktheater located on property known as_535 Westchester Drive in an M-1-S (Light Industrial) Zoning District. This motion was seconded by Commissioner Pack and unanimogsly adopted by the following roll call ' -vote AYES: Commissioners: Meyer, Dickson, Campos, Pack, Vierhus, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: None UP 79-17 This is the time and place fora continued public PM 79-6 hearing to consider the application of Ms. Nellie Carvalho, N. Carvalho for approval of a minor subdivision and a use permit to allow future development of the resu.lt'ing single-family lot located on property known as 430 Budd Avenue in an Interim (Low Density Residential) Zoning District. Mr. Kee reported that the Public Works Department has indicated that the applicant is still working with the Santa Clara Valley Water District regarding resolution of ingress and egress problems on the adjoining parcel and the appli- cant's engineer expects these matters to be resolved in order that this item could be considered at the November 6 Rlanning Commission meeting. Chairman Samuelson invited anyone to speak on this item. No one wishing to be heard, Commissioner Pack moved that UP 79-17 and PM 79-6 be continued to November 6, 1979, seconded by Commissioner Meyer and unanimously adopted. *** -6- UP 79-23 This i s trje ~:~~ E-iw- Und place fora continued publ i c hearing Garcia, N. to consider 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. Mr. Kee reported that staff is recommending a continuance of this item in order that the applicant could submit additional information regarding the nature of the proposed theaters. He noted that if the information is not received in time to be considered by the Commission at its October 16 meeting, staff would likely recommend that this item be removed from the agenda at that time. Commissioner Dickson felt that the Commission should recommend denial without prejudice at this time since the applicant has not submitted the requested information. Chairman Samuelson invited anyone in the audience to speak for or against this application. No one wishing to be heard, Commissioner Dickson moved that the public hearing be closed. This motion died for lack of a second. At this time Commissioner Vierhus moved that UP 79-23 be continued to the Planning Commission meeting of October 16, 1979, seconded by Commissioner Meyer and adopted with Commissioner Dickson voting "No." Commissioner Kasolas felt that the applicant should be contacted one more time to supply the needed information on this application. Mr, Kee indicated that staff would be contacting the applicant regarding the requested information. *** UP 79-24 This is the time and place for a public hearing to Quinn, K. consider the application of Ms. Kathleen E. Quinn and Damon Development Damon Development Company, Inc., fora use permit and approval of plans to allow construction of a 14-unit townhouse-type development on property known as 2941-2960 Del Loma Drive in an Interim (Low Density Residential) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning and because of revisions needed on the plans, the applicant is in agreement to a continuance of this applica- tion to October 16, at which time the applicant`s engineer stated revised plans would be available. Chairman Samuelson opened the public hearing and invited anyone in the audience to speak on this application. Ms. Shirley Hansen of 2927 Del Loma Drive appeared before the Commission to Inquire about the cost of the proposed units; she explained that there is an existing problem with campers using the area for living purposes and she did not want to see this area lose its value. - 7- Mr. Kee then stated that the problem of people living in campers is a zoning violation and staff would look into that.. No one else wishing to speak, Commissioner Meyer moved that UP 79-24 be continued to the October 76, 1979 Planning Commission meeting, seconded by Commissioner Campos and unanimously adopted. k At this time Mr. Kee reported that the applicant for Item No. 9 would not be present until approximately 9 p.m., and requested that this item be deferred until that time. He also noted that it was requested that Item No. 10 be deferred until later in the meeting. It was the consensus of the Commission to move on to Item No. 11. TA 79-4 This is the time and place for a continued public City-Initiated hearing to consider amendments to Chapter 21.68 Signs "Signs" of the Campbell Municipal Code. Mr. Kee reported that since the meeting was expected to continue much later than it has, the person who would be reporting on this item (Mr. Rick Schneider) is not present. Ne suggested that this item be continued to the November 6 meeting since there would be a very short agenda on that date. Chairman Samuelson invited anyone in the audience to speak on this item. No one wishing to speak,~Commissioner Pack moved that TA 79-4 be continued to the November 6, 1979 Planning Commission meeting, seconded by Commissioner Meyer and unanimously adopted. MISCELLANEOUS Request for Side Request of Mr. J. G. McDonald for an adjustment of the Yard Setback side yard setback requirement of 9'-0" to 7'-6" to allow Adjustment construction of a second story addition to an existing single-family residence located on property known as 1589 Silacci Drive in an Interim (Low Density Residential) Zoning District. Mr. Kee reported that the applicant is requesting an adjustment in the side yard setback requirement to allow construction of a second story addition to an existing one-story structure, and the Planning Commission has the authority to reduce the setback requirement on existing single-family residences to a minimum of five feet. It is the staff's opinion that the construction of the addition would be in keeping with the past reductions of side yards, therefore staff is recommending approval of this request. The applicant has submitted a letter signed by the neighbor who lives closest to the proposed addition which states that he has no objection to the addition. Commissioner Kasolas expressed his concern about. the number of requests for second-story additions. - 8- Mr. Kee explained that two-story s,~~..°~.E:~~u'tS are allowable in an R-1 Zoning District. Commissioner Vierhus moved that the request of Mr. J. G. McDonald be approved, seconded by Commissioner Meyer and unanimously adopted. •* Request for Side Request of Mr. and Mrs. Harold Clough for an adjustment Yard Setback of the side yard setback requirement of 9'-0" to 7'-0" Adjustment to allow construction cf a second story addition to an existing single-family residence located on property known as 1050 Steinway Avenue in an Interim (Low Density Residential) Zonir:g District. Mr. Kee reported that this request is similar to the previous request, and staff is also recommending approval. He noted that the neighbor who lives closest to the proposed addition has submitted a letter which states that he has no objection to the addition provided there are no windows facing his property. Much discussion ensued regarding approval of second-story additions, and whether or not the ordinance should be changed. Chairman Samuelson noted that this subject might possibly be agendized for a future study session. Commissioner Meyer moved that the request of Mr. and Mrs: Harold Clough be approved, seconded by Commissioner Pack and unanimously adopted.- . *** UP 79-1 Continued six-month review of use permit allowing the Martin Oil Co. sale of secondary support products at property known as 851 E. Hamilton Avenue in a P-D (Planned Development/ Commercial and/or Industrial) Zoning District. Mr. Kee reported that a letter had been received from the applicant requesting additional time in order that a representative could be present to address the Commission. The Recording Secretary then read into the record a letter submitted by Martin Oil Company, dated September 28, 1979, requesting additional time for considera- tion of this item. A copy of this letter is attached hereto and made a part of this record. At this time Commissioner Dickson moved that UP 79-1 be continued to the November 6, 1979 Planning Commission meeting in order that the applicant would have sufficient time to resolve the concerns of the Eire Department, seconded by Commissioner Meyer and unanimously adopted. The Commission took a break at 8:50 p. m.; the meeting reconvened at 9:00 p.m. *** - 9- PUBLIC HEARING UP 79-25 This is *~~~:: ..~tr,E~ tend place for a public hearing to Meyer, W. consider the application of Messrs. Wilhelm Meyer Meier, R. and Reinhard Meier fora use permit and approval of plans to construct an auto service center on property known as 3375 and 3385 S. Winchester Blvd. in an Interim (Commercial) Zoning District. Mr. Kee reported that the applicant is proposing to construct a 9,000 square foot auto service center on a 24,000 square foot site. The proposed structure will cover approximately 38% of the site. Building materials are indicated as concrete block and stucco walls with a glu-lam beam trim. The applicant is providing 26 parking spaces (17 regular, 8 compact, and 1 for the handicapped) which results in a parking ratio of 1 space for every 350 square feet of gross building area. This parking ratio meets the re- quirements of the Zoning Code. The site plan indicates that approximately 14% of the net lot area will be landscaped. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning and the concerns of the Architectural Advisor had been discussed with the architect and had been resolved. He further reported that much discussion had ensued regarding the Advisor's terms "acceptable" and "not acceptable". Commissioner Dickson inquired about the type of fencing. Mr. Kee reported that it would be a 6' masonry fence; the applicant would need to submit a fencing plan as well as a landscape plan. Commissioner Kasolas inquired about Condition No. 8. Mr. Helms explained that improvement of Winchester Boulevard will no doubt coincide with occupancy of the building, and after discussing this with the applicant and architect there seemed to be no problem with this condition. Much discussion ensued regarding landscaping and it was the consensus that this would be critical to this particular area. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this item. At this time Commissioner 'Jierhus introduced Mr. Hollis Logue, architect for the project, explaining that Mr. Lague had been a former Planning Commissioner for the City of Campbell. Mr. Logue explained the proposed project to the Commission, pointing out that he specializes in the design of automobile dealerships and servicing facilities. He noted that this would be a quality project and should the Commission desire a certain type of landscaping, he was sure his client would be accommodating. -•lo- No one else wishing to be hearda Commiss~ior;er ~?ickson moved that the public hearing be closed, seconded by Comr:;issione~~ Kasolas and unanimously adopted. RESOLUTION NG. 1827 Co;;:~-~^^~,-~ '~:'~~~~.=or; moved that the Planning Corr~nission adopt R::;~' `. '; o. 1827 recommending approval to the City Co~.~~~~:~ v ~' :.4; appl .> cation of Messrs. Wi 1 helm Meyer a:~,;i ,e °i~,~•~u Meier fora use permi t and approval of plans to can:str•~c an auto service center on property known as 3375 and "3855 S. Winchester Boulevard in an Interim (Commercial) Zoning District, with the wording of Condition No. 3 to include "Landscaping plan . to be sub!~itted i"or approval of the Planning Director an~3 Site and Architectural Review Committee prior to application for building permit." This motion was seconded by Comm•~saioner Campos and unanimously adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Campos, Pack, Vierhus, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: None A discussion then ensued regarding the Architectural Advisor's terms "acceptable" and "not acceptable." Once again, the Chairman advised that this subject be discussed at a study session. Mr. Logue expressed his concerns about these terms, especially since his clients received a copy of the Staff .Comment Sheet before he was able to explain to them wV the Architectural Advisor had meant by the term "unacceptable." MISCELLANEOUS UP 78-6 Continued application of Mr. Paul R. McAllister for McAllister, P. reinstatement of previously approved plans to con- struct a racquetball facility on property known as 70 S. San Tomas Aquino Road in a C-2-S (General Commercial) Zoning District. Mr. Kee explained that a letter had been received requesting that this item 6e removed from the agenda. A copy of this letter, dated September 27, 1979, is attached hereto and made a part of these minutes. Commissioner Pack .then moved that UP 78-6 be denied without prejudice in order to remove it from the agenda, seconded by Commissioner Kasolas and unanimously adopted, Commissioner Dickson inquired about the lighting on the adjacent lot (Taco Charley's) and wondered if somehow these lights could be shielded in order to prevent the lights from shining on the adjacent residences. Mr. Kee stated that staff would send the property owner a letter advising him of the problem with the lighting. *** -•ll- General Plan Informational item regarding the scheduling of Hearings General Pian hearings. Mr. Kee reported that this report was strictly informational. Commissioner Dickson inquired if possibly the Commission could be alerted a month in advance of the General Plan hearing dates. Mr. Kee advised that staff asould be able to alert the Commission in advance of these hearings. , PUBLIC HEARING TA 79-2 - ~- This is the time and place for a continued public Noise Ordinance hearing to consider the addition of "Title 9 - Noise" to the Campbell.Municipal Code. Mr. Kee noted that since the agenda for the November 6 meeting is short, it might be best to continue, this item to that date. Chairman Samuelson invited anyone t¢ speak on this item. No one wishing to speak, Commissioner Kasolas moved that TA 79-2 be continued to the November 6 Planning Commission meeting, seconded by Commissioner Vierhus and ,unanimously adopted. , ADJOURNMENT It was-moved by Commissioner Vierhus and seconded by. Commissioner Kasolas that the meeting be adjourned. The meeting adjourned at 9:55 p.m. APPROVED: Carl E. Samue son, Chairman ATTEST: Arthur A. Kee, Secretary RECORDED: Jeannine 'rlade, Recorder