Loading...
PC Min 08/21/1979PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P. M. MINUTES AUGUST 21, 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, Vierhus, Kasolas (8:08), - Acting Chairman Pack; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Jeannine Wade. Absent Commissioner Campos and Chairman Samuelson. APPROVAL OF MINUTES Commissioner Vierhus noted that in the minutes for August 7, 1979, page 10, paragraph 4, the name should have been Rev. Corwin Olds. Commissioner Vierhus then moved that the minutes of the regular meeting of August 7, 1979, be approved as corrected, seconded by Commissioner Dickson and unanimously adopted. Commissioner Pack announced that in the Chairman's and Vice=Chairman's absence, she would be Acting Chairman this evening. 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. Acting Chairman Pack noted to persons in the audience at this time that Item Nos. 7 and 8 (LaValencia Apartments, condominium conversions) were being recommended for continuance to the September 18, 1979 Planning Commission meeting should they wish to wait until that time to make any comments. ARCHITECTURAL APPROVALS S 78-21 Continued application of Mr. Willis H. Corbett for Corbett, W. a reinstatement of previously approved plans to allow the expansion of an existing auto service center onto property known as 3293 S. Winchester Boulevard in an Interim (Commercial) Zonino District. -2- Commissioner Vierhus reported that the applicant had met with the Site and Architectural Review Committee this morning.; and the applicant has submitted Phase II of the original plan wh~c~ vri a~ilow for the parking lot to be paved. The Committee is recommending approval with the added stipulation that a parking lot and chain link fence be constructed. Commissioner Pack inquired if there had been any discussion regarding the rear property line being fenced. Mr. Kee stated that, as discussed in this morning's meeting, the rear portion of the lot would not be used, therefore fencing would be across the front portion of the lot. He reported that there had been three letters received from Mr. Kenneth B. Coffin, 1426 Walnut Drive, Campbell (property owner to the rear of the subject application) requesting fencing the rear property line of the subject lot. Copies of these letters are attached hereto and made a part of these minutes. Mr. Kee noted that if the Commission desired, the fencing of the rear property line could be added as a condition of approval. Much discussion ensued regarding the repair of the rear property line fence. The applicant, Mr. Corbett, appeared before the Commission to state that he would be in agreement to a condition stipulating that the rear property line fence be repaired. Commissioner Kasolas entered the Council Chambers at 8:08 p.m. Commissioner Vierhus then moved that S 78-21 be approved for reinstatement of previously approved plans subject to the following conditions, seconded by Commissioner Dickson and unanimously adopted: 1. That the Planning Commission adopt a resolution recommending that the City Council reinstate the plans for this develop- ment for a period of one year, subject to the previous con- ditions of approval; 2. Applicant to construct a chain link fence, 6 feet in height, parallel to and approximately 52 feet from the property line along Winchester Boulevard. 3. If the Planning Commission approves a temporary use of the front portion of the lot, that the area between the proposed chain link fence and Winchester Boulevard be paved with asphaltic concrete. 4. That the rear portion of the lot (from the proposed chain link fence to rear property line) shall not be used for temporary parking, storage of vehicles, or any other use until all conditions of S 78-21 .have been met. 5. That the fence along the rear property line be repaired immediately. *** -3- S 79-29 Application of Mr. Thomas C. Siffermann and the Siffermann, T. Woodgate Development Company, Inc., for approval of plans to construct 24 condominium units on property known as 386 Union Avenue in an R-3-S (Multiple Family/High Density Residential} Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning and the Committee, after reviewing the plans in detail, is recommending approval. Commissioner Pack inquired about the ultimate street plan for Union Avenue. Engineering Manager Helms responded that it will be a standard two-way residential street with a 60' right of way, 40' from curb to curb; within a continuous two-way left-turn lane, eliminating parking lanes on both sides of the street. He further stated that hopefully these improvements would be made sometime in the spring of 1980. Commissioner Dickson then moved that S 79-29 be approved subject to the following conditions, seconded by Commissioner Meyer and unanimously adopted: 1. Property to be fenced and landscaped as indicated and/or added in red on plans. 2. Landscaping plan indicating type and size of plant material, and location of hose bibs or sprinkler system to be submitted i'or approval of the Planning Director prior to application for building permit. 3. Fencing plan indicating location and design details of fencing to be submitted for approval of Planning Director prior to application for building permit. 4. Landscaping and fencing shall be maintained in accordance with the approved plan. 5. Applicant to either (1) post a faithful performance bond in the amount of $5,000 to insure landscaping, fencing, and striping of parking areas within three months of completion of construction, or (2) file written agreement to complete landscaping, fencing, and striping of parking areas prior to final Building Department clearance. The applicant is notified as part of this application that he/she is required to meet the following conditions in accordance with Ordinances of the City of Campbell and Laws of the State of California. A. All parking and driveway areas to be developed in compliance with Section 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. B. Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. -4- C. Plans submitted to the Building bepartment for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone, end tele- vision cables, etc. D. Sign application to be submitted in accordance with provisions of the sign ordinance for all signs. No sign to be installed until application is approved and permit issued by the Building Department. (Section 21.68.070 of the Campbell Municipal Code.) E. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, aarbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manu- facturing, and construction establishments. F. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level. G. Noise levels for the interior of residential units shall comply with minimum State (Title 25) and local standards as indicated in the Noise Element of the Campbell General Plan. FIRE DEPARTMENT H. Provide one private street style fire hydrant, approximately 305' east of the center line of Union Avenue, on the south property line. I. Provide "2A-IOBC" fire extinguishers. J. Provide an approved trash enclosure. PUBLIC WORKS DEPARTMENT K. Process and file a tract map. L. Provide a copy of the preliminary title report. M. Pay the storm drainage area fee based on $765 per net acre. N. Dedicate right of way to 30 feet from centerline on Union Avenue. 0. Enter into an agreement and post surety to insure construction of street improvements and agree to participate in a local improvement district in the future. P. Obtain an excavation permit for any work in the public right of way. Q. Provide a grading and drainage plan for the review and approval of the City Engineer. -5- R. Eliminate the driveway island and install one 25' wide driveway 5' away from the property line. The applicant is notified that he/she shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. *** S 79-32 Application of Frank H. and Marilyn T. Clawson Clawson, F. for approval of plans to construct a warehouse building on property known as 165 Cristich Lane in an M-1-S (Light Industrial) 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. Mr. Kee reported that staff is also recommending approval subject to the conditions listed in the Staff Comment Sheet. Commissioner Vierhus then moved that S 79-32 be approved subject to the following conditions, seconded by Commissioner Meyer and unanimou"sly adopted: 1. Property to be fenced and landscaped as~indicated and/or added in red on plans. 2. Landscaping plan indicating type and size of plant material, and location of hose bibs or sprinkler system to be submitted for approval of the Planning Director prior to application for building permit. 3. Landscaping and fencing shall be maintained in accordance with the approved plan. 4. Applicant to either (1) post a faithful performance bond in the amount of $3,000 to insure landscaping, fencing, and striping of parking areas within three months of completion of construction, or (2) file written agreement to complete landscaping, fencing and striping of parking areas prior to final Building Department clearance. 5. Applicant to submit a letter, satisfactory to the City Attorney limiting the use of the property to 1,155 square feet of office use, no square feet of speculative industrial use, and 12,045 square feet of warehouse use. 6. All mechanical equipment located on roofs to be screened as approved by the Planning Director. The applicant is notified as part of this application that he/she is required to meet the following conditions in accordance with Ordinances of the City of Campbell and Laws of the State of California. A. All parking and driveway areas to be developed in compliance with Section 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. -6- B. Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. C. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone, and television cables, etc. D. Sign application to be submitted in accordance with provisions of the sign ordinance for all signs. No sign to be installed until application is approved and permit issued by the Building Department. (Section 21.68.070 of the Campbell Municipal Code.) E. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manu- facturing, and construction establishments. F. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level. G. Applicant shall comply with all appropriate State and City require- ments for the handicapped. FIRE DEPARTMENT H. Provide an automatic fire extinguishing system. I. Provide "2A-IOBC" fire extinguishers. PUBLIC WORKS DEPARTMENT J. Pay storm drainage area fee of $646. The .applicant is notified that he/she shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. *** Request for Side Request of Mr. and Mrs. Reginald Haggett for an Yard Setback adjustment of the side yard setback requirement Haggett, R. of 9'-0" to 5'-O" to allow construction of a second story addition to an existing single-family residence located on property known as 1156 Monica Lane in an R-1 (Single-Family Residential/Low Density Residential) Zoning District. -7- Mr. Kee reported that the applicant is requesting an adjustment in the side yard setback requirement to allow expansion of the second story of an existing two-story structure. He noted the Commission has the authority to reduce the setback requirement on existing single-family residences to a minimum of five feet, and this request (in staff's opinion) would be in keeping with past policy. In addition, the applicant has submitted a letter signed by the closest neighbor which states that he has no objection to the addition. Commissioner Vierhus moved that the request of Mr. and Mrs. Haggett be approved, seconded by Commissioner Meyer and unanimously adopted. Since the presentations on Items 5 and 6 were expected to be quite lengthy, Commissioner Kasolas moved that Items 7, 8, 9 and 10 be considered prior to Items 5 and 6. This motion was seconded by Commissioner Vierhus and unanimously adopted. PUBLIC HEARINGS V 79-1 This is the time and place fora continued public hearing Landberg, D. to consider the application of Mr. Donald C. Landberg and Ruth & Going, Inc., fora variance from Section 21.48.020, 21.48.030, and 21.48.040 of the Campbell Municipal Code to allow construction of a parking structure on property known as 350 Budd Avenue in an R-3-S (Multiple Family/ High Density Residential) Zoning District. Mr. Kee noted that this variance is in relation to the conversion of the La Valencia Apartments to condominiums. Staff is recommending a continuance of this application to the September 18, 1979 meeting since an EIR has been requested for this project, and one has not yet been received. Acting Chairman Pack, noting this is a continued public hearing, invited anyone in the audience to speak on this item. Ms. Carol Peterson of 350 Budd Avenue, G3, noted that the tenants would like further information on this item before any action is taken. Mr. Kee explained that this item is being recommended for continuance at this time, however before approved it must have the approval of the Commission. He noted that since the applicant has not had sufficient time to prepare an EIR, many questions cannot be answered at this time. He noted that the tenants could come into the Planning Office to review the site plans submitted by the applicant. Mr, Herman Adler of 350 Budd Avenue expressed concern about the Commission g"anting a variance and allowing a developer to not have as many parking spaces as the ordinance calls for. He then asked if Campbell had a Condominium Conversion Ordinance. Mr. Kee noted that an applicant can request many kinds of variances from the Commission, but it doesn't mean that they will necessarily be approved. He further reported that the City Council, at its August 13, 1979 meeting, adopted a resolution for a moratorium on condominium conversions in order that an -8- ordinance could be drafted; however, this application had been made prior to the moratorium and this moratorium would relate to new applications. He stated that the applicant i s aware of the pr~:.~:'° ~„~~. _; ~ r~; the present application as submitted ; however the EIR would address some of these problems showing mitigating measures. Ms. Patricia Duncan of 350 Budd Avenue then inquired if a traffic study would be made. Mr. Kee responded that traffic problems would be covered in the EIR to be submitted. No one else wishing to speak, Commissioner Vierhus moved that V 79-1 be continued to the September 18, 1979 Planning Commission meeting, seconded by Commissioner Meyer and unanimously adopted. *** S 79-25 Continued application of Mr. Donald C. Landberg and Landberg, D. Ruth & Going, Inc., for approval of plans to construct a parking structure and convert an apartment complex into condominiums on property known as 350 Budd Avenue in an R-3-S (Multiple Family/High Density Residential) Zoning District. Mr. Kee reported that since this application is directly related to V 79-1, staff is recommending a continuance to the Planning Commission meeting of September 18, 1979. Commissioner Kasolas then moved that S 79-25 be continued to the September 18, 1979 meeting, seconded by Commissioner Meyer and unanimously adopted. *** PD 79-8 This is the time and place fora continued public Crowley, P. hearing to consider the application of Mr. Paul E. Crowley for approval of plans, elevations and develop- ment schedule to allow construction of 8 condominium units on property known as 49 Dot Avenue in a P-D (Planned Development/Medium Density Residential) Zoning District. Commissioner Kasolas reported that the applicant met with the Site and Architectural Review Committee this morning, and since there seems to be a high percentage of paving and a low percentage of landscaping, the Committee is recommending a continuance of this application to the October 2 meeting at the request of the applicant. Mr. Kee noted that staff is in agreement with this continuance. Commissioner Vierhus moved that PD 79-8 be continued to the Planning Commission -meeting of October 2, 1979, seconded by Commissioner Dickson and unanimously adopted. *** -9- UP 79-15 This is the .time and place fora 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 the applicant has requested a continuance of this item to the September 1$, 1979 meeting in order to allow time for the completion of a traffic analysis update. He noted that an item of corres- pondence had been received from the Burton Construction Company bringing to to the attention of the Planning Department problems in the area. A copy of this letter is attached hereto and made a part of these minutes. Acting Chairman Pack requested that Mr. Haigh be apprised of this letter, and that it be brought to the attention of the Police Department requesting that some of these questions be answered before it comes before the Commission On September 18. Acting Chairman Pack invited anyone in the audience to speak for or against this item. No one wishing to be heard, Commissioner Meyer moved that UP 79-15 be continued to the Planning Commission meeting of September 18, 1979, seconded by Commissioner Dickson and unanimously adopted. The Commission took a break at 8:55 p.m.; the meeting reconvened at 9:10 p.m. EIR 79-1 This is the time and place for a public hearing to Housing Authority consider the Draft EIR prepared by the firm of Creegan & D'Angelo for a 200-unit Senior Housing Project at 400 W. Rincon Avenue, as proposed by the Housing Authority of Santa Clara County in a P-D (Planned Development/Medium Density Residential) Zoning District. Mr. Kee introduced Principal Planner Philip Stafford, who would be making the presentation on this Draft EIR. Mr. Stafford reported that the Housing Authority of Santa Clara County is proposing to construct 200 units of housing for the elderly at the subject location. This proposal is being made in accord with a favorable measure by the Campbell electorate in 1976, to the effect that the Housing Authority shall be authorized to construct up to 200 units of senior citizen housing in the City of Campbell and after the application was filed in the Planning Office for this development, staff indicated to the applicant that an EIR would be required. -10- The Draft EIR was submitted to the Planning Commission with the agenda of August 7, 1979, in order to allow additional time for review. In addition, the draft was filed with the State of California Resources Agency, the Department of Housing and Urban Development, the Association of Bay Area Governments, the project architects, and the Housing Authority. To date, staff has received only comments from the Housing Authority. A copy of their letter dated August 14, 1979, is attached hereto and made a part of these minutes. In requiring the EIR, staff indicated to the consulting firm that the main area of concern included public utilities, land use, design, traffic, noise, and energy utilization. The draft, indicates that the impacts of the proposed development on the environment and immediate neighborhood will be minimal. Specific suggestions for mitigating the effects of this development include the following: 1. Project architects coordinate with both the School District and Parks and Recreation Department (Commission) for proper handling of the property line treatment with both fencing or landscaping as needed. 2. When any new park facilities or school facilities (i.e. tennis court lighting) are designed, they should take into account the adjacent properties and land uses. 3. Consideration should be given to requesting a route change from Campbell Avenue to Rincon Avenue for Routes 60 & 94. A bus shelter and/or benches should be provided at the nearest bus stop on each route. Mr. Stafford further reported that staff is recommending that these mitigating fineasures be included in the conditions of approval, if the Commission takes action to recommend approval of this project. He noted that he would be happy to answer any questions of the Commission, and that Mr. Burns from the Housing Authority; Mr. Ken Abler, Architect; and Mr. Stan Kulakow, representing the firm of Creegan & D'Angelo (EIR Consultant), were also in the audience and would be happy to address any concerns of the Commission. Commissioner Vierhus inquired of Mr. Kee if he felt this EIR meets with staff's approval. Mr. Kee noted that staff is recommending that the Commission consider public Input, and after considering that input make any amendments necessary then certify the Draft EIR as complete with the specific suggestions made herein for mitigating the effects of this development. Acting Chairman Pack inquired of Engineering Manager Helms if he had anything to add at this time. Engineering Manager Helms responded that he had reviewed the EIR and did not disagree with anything that had been brought out. -11- Acting Chairman Pack opened the rublic nea-°ing and invited anyone in the audience to speak for or against this project. Mr. Don Hebard of 205 Calado Drive stated he had looked over the EIR, but had not had a chance to read it in depth; however, he felt that the assess- ment of the impact of the development on the use of the park had been glossed over, it did not fully address what effect the use of the park would have on the project as well as the project being a hindrance to the use of the park. He questioned whether the EIR recognized the difference between the various uses of the park; this is an active park, not a passive park.- He felt a park as intense as this being placed next to a senior development which would probably desire quietness, was in complete conflict. He felt the EIR failed to recognize this confliction of each project on the other, and it is a very serious concern. He felt the most important aspect of this project is how it relates to the park and its uses. He noted that no examples were made in the EIR, and wondered if there were similar projects such as the one proposed located adjacent to active parks. He also noted that both the Park and Recreation Commission and Civic Improvement Commission had raised concerns-about this project and those concerns should also be addressed. He concluded by stating that he felt this project needs to be readdressed and re-examined before a decision could be made. Mr. Stan Kulakow of Creegan & D'Angelo, the consultant who prepared the EIR, appeared before the Commission to state that he felt there were certain benefits to the future residents of this development by living adjacent to a park such as the one in question, and felt that this project would not have a significant im- pact on the present or future uses of the park. He realized that the City Commissions had concerns (expansion of park, additional parking area, etc.), however he felt this had to be approached from a practical standpoint and it was a matter of when these things can be done. Acting Chairman Pack inquired if Mr. Kulakow could address the concerns of the Commissions. Mr. Kulakow stated that he could not answer them directly, but that he could come back with more specific answers after considering them. Commissioner Vierhus queried whether the consultant had taken into consideration the complaints from residents of a senior development such as the one proposed regarding the lighting, noise, etc. affecting the overall development and residents of the development. Mr. Kulakow addressed Commissioner Vierhus' concerns by stating that he felt the manager of such a project would duly inform any prospective tenants of the impact of the surrounding area and this would be taken into consideration before moving into such a development; on the other hand one might view living adjacent to a park as a benefit. He did not feel the noise or lighting factors were detrimental. Much discussion-ensued regarding direct response to the concerns of the Civic Improvement and Park and Recreation Commissions. Commissioner Dickson expressed concern about the density of this project being okay; further stating that because the Commission has approved a couple of similar projects in the city in the past did not mean that the density for the proposed project would be acceptable. He also expressed concern about the ''openness" effect of the park, noting the park would lose that effect once a -1?_- project such as the one proposed was cor~s~cructed. He then expressed concern about the parking ratio., for this development, noting that there is an existing problem with parking for the park during the summer months without a develop- ment such as the one proposed adjacent to the park. He then noted that since the Measure was passed in 1976 there have already,been a number of senior units approved in Campbell. He was not certain there is a real need for additional senior units. He did note, however, that there presently exists a housing shortage for young marrieds as well as other people in the City. He then expressed concern about the fact that the City would be tied to this project for a period of 40 years (Page 6, paragraph 3 under "Description of the Proposed Project"). He also noted that many of the statements made in the EIR were opinions, not facts. In conclusion, he stated that he would like some of these concerns addressed in order that this EIR could be reconsidered. Acting Chairman Pack concurred with Commissioner Dickson's concerns, further questioning why Title 25 for multi-family housing had not been considered under the noise study portion. She then inquired why the noise measures were taken on Sunday afternoon rather than an 8-hour measure which includes day time, evening, and night time. Mr. Kulakow responded that the noise consultant used chose the time he thought would demonstrate some uses relatjng to the park. Nlr. Ken Abler, architect for the project, appeared before the Commission to state that he has designed many projects for seniors, and what the seniors want is a choice of environment in which to live. He felt that people put seniors in "boxes" thinking that they want quiet; however, he felt that in the design of the units he has done and through past experience the location adjacent to a park would actually entice some seniors to want to live at this location. He noted that he would be happy to take any of the Commissioners to one of the projects that he has designed for seniors in order to allow them the opportunity to see for themselves what some of the desires the seniors have in regard to housing. Commissioner Kasolas felt that this location would be a more conducive place to live--next to the park. Mr. Don Hebard again appeared before the Commission hoping that they would ask the EIR consultant to deal with specifics rather than opinions as expressed in the EIR--specifically noting that pages 12-14 are opinions, not facts. He also felt that if projects similar to the one proposed could be used for comparison this would further help the Commission in making a determination. Mr. John Burns, Executive Director of the Housing Authority, appeared before the Commission to explain the restricted time frame in which they were working. He then inquired if the Commission decided to continue this, could the con- tinuance be for as short a time as possible. He then stated that he is in full support of Mr. Abler's statements about putting seniors in "boxes". Commissioner Kasolas spoke in favor of the EIR, and stated that he would recommend certification at this time. City Attorney Dempster advised that if the Commission desired additional infor- mation regarding the EIR they should be specific in enumerating such. -13- Commissioner Dickson meeting of September by the applicant: moved that EIR 79-1 be continued to the Planning Commission 4, 1979 in order that the following items could be addressed 1. What effect will this density have on the park? 2. What effect will the proposed parking have on the park, and what will the effect of the parking for the park be on this proposed project? 3. What effect will this project have on the park--the project desires quiet, the park generates noise. 4. How will this project affect the openness of the park--how will open space be affected? 5. The housing needs have changed in the City of Campbell since the measure was passed in 1976 (the number of units for seniors has been increased by 272 units). What effect will this have in view of the fact that the housing shortage is critical for all age groups in the City. 6. Concern was expressed about the fact that no changes would likely occur for 40 years (Page 6, paragraph 3 under "Description of the .Proposed Project"). Amplification of this paragraph is desired. 7. It was expressed that some of the findings were not, in fact, findings but opinions. It was felt conclusions should have been based on findings. 8. It was requested that other specific projects similar to the one being proposed (senior development adjacent to an active, not passive, park) be referenced and reported on. 9. It was requested that the EIR address the recommendations and/or concerns of the Civic Improvement Commission and the Park and Recreation Commission. 10. It was requested that the "Noise" portion address Title 25. This motion was seconded by Commissioner Meyer. DISCUSSION OF MOTION Commissioner Kasolas spoke against unfair that a project such as this EIR and other projects similar in require an EIR. He also felt that to this project. VOTE ON MOTION this motion, stating he felt it was would have to submit such a detailed nature (housing for seniors) did not the Commission's delay could be critical AYES: Commissioners: Meyer, Dickson, Vierhus, Pack NOES: Commissioners: Kasolas ABSENT; Commissioners: Campos, Samuelson *~* PD 79-4 This is the time and place for a public hearing to Housing Authority consider the application of Mr. John Burns and the Housing Authority of Santa Clara County for approval of plans, elevations, and development schedule to allow construction of a senior citizen housing complex on property known as 260-400 W. Rincon Avenue in a P-D (Planned Development/Medium Density Residential) Zoning District. -14- Mr. Kee noted that staff's recommendation ~,~ould be to continue this item to the next meeting in order that the EIR would or would not be certified prior to consideration of this prt;~L:.:~~:. Commissioner Kasoias reported that the applicant fad met with the Site and Architectural Review Committee this morning, and the Committee is unanimously recommending approval of this project as submitted. Mr. John Burns appeared before the Commission to state that in his 12 years with the housing business, he feels that this is one of the most outstanding designs. He then went over the plans with the Commission, explaining all areas of the project. He explained that he did not anticipate any problems in filling these units; first preference would be to those who live in Campbell. He noted that this will be a very interesting and active place to live. Acting Chairman Pack declared the public hearing open and invited anyone in the audience to speak for or against this project. No one wishing to be heard, and with the applicant's concurrence, Commissioner Yierhus moved that PD 79-4 be continued to the September 4 Planning Commission meeting, seconded by Commissioner Kasoias and unanimously adopted. The Commission took a break at 10:45 p.m.; the meeting reconvened at 11:00 p.m. UP 79-21 This is the time and place for a continued public Meyer, G. hearing to consider the application of Mr. Gilbert M. Meyer and Cypress Development Co. for a use permit and approval of plans to allow the construction of 12 townhomes on property known as 849 S. San Tomas Aquino Road in an Interim (Planned Development/Medium Density Residential) Zoning District. Mr. Kee reported that one of the main reasons for a continuance of this item from the last meeting was in order that the concerns of the Fire Department could be resolved. He noted that a memo had been received from the Fire Department approving this application. A copy of this memo is attached hereto and made a part of these minutes. Acting Chairman Pack noted that this is a continued public hearing and invited anyone in the audience to speak for or against this project. Mr. Mike Meyer, applicant, of 201 San Antonio Circle, Mountain View, appeared before the Commission to explain the project. He noted that he and his partner, Mr. Steve Barber, have developed several projects with a number of parameters and limitations, such as this one. He further explained the limitations of this property, and gave a slide presentation to the Commission which showed the area. -15- He then went-over the plans in detail, explaining that the Fire Department concern had been resolved by installation of a roof hatch (skylight), noting there would be a change in the CC&R's in order to allow firemen to fight fires in any of the units. Acting Chairman Pack inquired if the applicant had planned to install a new fence. Mr. Meyer responded affirmatively. Fire Chief Jim McMullen explained the previous problem with. the ladders not being tall enough to effectively fight fires. He noted that it would take approximately 4 men to Tift a ladder tall enough to fight a fire in a 3-story structure, and the time lost in using this ladder is very critical. He reported that new 3-story buildings over 75' in height require automatic sprinkler systems. In cases similar to this development, each project-must be looked at individually and the Fire Department will make recommendations accordingly. He further reported that installation of a skylight roof hatch resolves"the concerns of the Fire Department and the Department is recommending approval subject to this change in the plans. Mr. Kee noted that staff would recommend approval on the basis of the revised plans, and further noted that the plans are acceptable to the Architectural Advisor as well as the Site and Architectural Review Committee. Ms. Mary Myron of Hacienda Avenue inquired about access to the rear of the property. Fire Chief McMullen responded that there is a 20' access road for fire purposes and an on-site fire hydrant. Ms. Kathy Hale of 1190 Glenblair expressed her concern about the first 3-story structure being constructed in her neighborhood; she felt this would set a precedent. Mr. Kee explained that this height is allowable in this Zoning District; he further explained that this structure would probably be no taller than the adjacent complex, San Tomas Gardens. No one else wishing to be heard, Commissioner Vierhus moved that the public hearing be closed, seconded by Commissioner Dickson and unanimously adopted. RESOLUTION NO. 1812 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1812 recommending that the applica- tion of Mr. Gilbert M. Meyer and Cypress Development Co. for a use permit and approval of plans to allow the construction of 12 townhomes on property known as 849 S, San Tomas Aquino Road in an Interim (Planned Development/Medium Density Residential) Zoning District be approved, seconded by Commissioner Meyer and unani- mously adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Pack, Vierhus, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Campos, Samuelson *** .. ~--~_-~ .,,•.-,+.r.-ear tam ~~+av:.r..,.+a^- :.,..-±+.... sF a __~...u._.:.,a..:....~....~,.....~......._,..,...._~~k..~,......~~..._.._.:.,..._._..:~~~....,...._ . _._. _~...., _ _ _ ... _ .. -16- UP 79-22 This is the time and place for a public hearing to Hinson, R. consider the apc,lication of Mr. Roaten E. Hinson, A.I.R., for a use permit and approval of plans to construct 11 townhomes located on property known as 1785 and 1801 W. Hacienda Avenue in an Interim (Low-Medium Density Residential) 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 the revised plans as submitted. Commissioner Vierhus reported that the Committee is recommending revised wording for Condition No. 1 which would read "Revised elevations to be approved by the Planning Director upon recommendation of the Architectural Advisor after referral to other City Departments." Mr. Kee noted that this change is necessary since there was not sufficient time to reroute the revised plans as submitted, however they are basically the same as the ones previously approved by the City Departments--only minor changes were made in the parking areas. Commissioner Kasolas recollected that the San Tomas Task Force had not wished to review every project in this area and inquired of Mr. Kee if this project fell into that category. . Mr. Kee explained that the density of this project is only 9.3 units per gross acre and the maximum allowable would be 13 units per gross acre. Tn the past, the main concern has been density and since the density of this project is much less than the maximum allowable staff is recommending that this be referred to the San Tomas Task Force after approval and they could forward their comments to the City Council. Acting Chairman Pack. declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Roaten Hinson, applicant, appeared before the Commission and explained the project in detail. He noted that he had attended several of the Task Force meetings in order to see the direction they would like to see this area developed, and talked with several of the neighbors about their concerns before proceeding with the plans. Commissioner Dickson inquired of Mr. Kee what the land use is for the surrounding area. Mr. Kee responded that to the north, east and west are single-family developments, and to the south is an apartment complex. Ms. Mason of 1291 Freda Court appeared before the Commission to state that the apartments in the area are only one story high rather than two, and there is an existing parking problem along Hacienda. She felt this development would add to the existing parking problem, and objected to the construction of two- story structures. She requested that this remain a low density area. -17- Ms. Mary Meyer of 1765 W. Hacienda Avenue appeared before the Commission to present a letter of opposition to this project. She read a letter from Fvjezdana Kombol of 1755 Hacienda Avenue, dated August 21, 1979, a copy of which is attached hereto and made a part of these minutes. She then stated that she also opposes this project; it is not compatible with the existing surrounding uses. Ms. Meyer then reported that development of this property actually initiated the San Tomas Task Force and she felt it should properly be referred to that Task Force. She further noted that it is a matter of record that the surrounding property owners object to this higher density for this property and do not want this type of development. She felt the present character of the neighborhood is worth saving. She then expressed concern about the traffic in the area and danger to school children. Mr. Dale Lewis of 1776 Regina appeared before the Commission to state he felt this project was intruding on the neighborhood. He personally objected to this development, stating from his half acre he views the Santa Cruz Mountains and after development of this lot he will be viewing townhomes. Mr. Bob James of 1786 Regina Way appeared to object to this high a density for this parcel, noting the Commission had objected to a high density the last time this parcel was before them. Ms. Kathy Hale of 1190 Glenblair spoke to reiterate concerns of the neigh- borhood and asked that the Commission consider a lesser density for this parcel (6 or 7 units). Ms. Pam Nelson of 1775 Hacienda Avenue expressed her concern about the Value of her property going down because of this proposed development, and noted parking problems that already exist without the construction of these tpwnhomes. Ms. Mary Meyer again appeared before the Commission noting the lateness of the hour and requested that the Commission postpone action on this matter in order that everyone would have a fresher perspective. Acting Chairman Pack noted that the Commission agendas have been very long lately and felt it would not be fair to postpone action on this item. Ms. Mason then appeared once again to ask about fire hydrants for the project. Mr. Hinson, applicant, responded that one of the conditions of approval required an on-site fire hydrant. No one else wishing to speak, Commission Meyer moved that the public hearing he closed, seconded by Commissioner Kasolas and unanimously adopted. Commissioner Kasolas felt this project meets with the General Plan and Zoning Code and is a good project; it is a lower density than the previously submitted project and 53 percent will be landscaping. Commissioner Dickson expressed his concerns about tandem parking. Acting Chairman Pack noted her approval of this project was due to the fact that .there is such a serious housing shortage in Santa Clara County; the job ratio to housing is a very serious concern. Townhomes in Campbell, for the most part, have been very attractive and very well maintained. -18- MOTION Commissioner Kasolas moved that UP 79-22 be approved subject to revised Condition No. 1 as stated herein and referred to the San Tomas Task Force for information only, seconded by Commissioner Vierhus. AMENDMENT TO MOTION Commissioner Dickson then moved that this motion be amended to read that this be referred to the San Tomas Task Force and their comments be forwarded to the City Council. This amendment of the motion died for lack of a second. RESOLUTION N0. 1813 Commissioner Kasolas moved that the Planning Commission adopt Resolution No. 1813 recommending. approval of the application for Mr. Roaten E. Hinson, A.I.A., fora use permit and approval of plans to construct 11 townhomes located on property known as 1785 and 1801 W. Hacienda Avenue in an Interim (Low-Medium Density Residential) Zoning District, with a change of wording in Condition No. 1 which is to read "Revised elevations to be approved by the Planning Director upon recommendation of the Architectural Advisor after referral to other City Departments." This motion was seconded 6y Commissioner Vierhus and adopted by the following roll call vote: AYES: Commissioners: Meyer, Vierhus, Kasolas, Pack NOES: Commissioners: Dickson ABSENT: Commissioners: Campos, Samuelson MISCELLANEOUS TS 79-13 Tentative Subdivision Map, Lands of Kelly-Gordon Lands of Kelly-Gordon APN 305-30-8 Commissioner Dickson-moved that the Planning Commission find that the proposed tract map is in conformance with the General Plan and recommend that the City Council approve this map subject to the conditions attached to the Staff Comment Sheet, seconded by Commissioner Meyer and unanimously adopted. *** -19- TS 79-14 Lands of Werthmann Tentative Subdivision Map, Lands of Werthmann APN 473-48-36 & 67 Commissioner Dickson moved that the Planning Commission (1) find that the proposed tract map is in conformance with the General Plan, (2) approve the conditional exception, as requested, (3) recommend that the City Council approve this map subject to the conditions attached to the Staff Comment Sheet, and (4) make the finding that this approval shall not become effective until annexation proceedings are completed. This motion was seconded by Commissioner Meyer and adopted with Commissioner Kasolas abstaining because of a possible conflict of interest. *** Appeal Appeal from the decision of the Planning Director Cucuzza, D. which denied the construction of a 6' fence in the sideyard setback on property known as 1645 Bearden Drive in an Interim (Single-Family Residential) Zoning District. David Cucuzza, applicant, appeared before the Commission Zs requesting approval of the construction of this fence a play area for expected future children. He noted that totally taken up by a swimming pool, and they would like area for children. He then distributed pictures of his yard to the Commission. to explain that he in order to have his backyard is to have a play backyard and side Much discussion ensued regarding the construction of the fence, and it was the consensus that this would not be aesthetically pleasing and, in fact, might be a site hazard. Commissioner Kasolas then moved that the Planning Commission uphold the decision of the Planning Director denying this request since this fence would not be aesthetically pleasing and may be a site hazard, seconded by Commissioner Dickson and unanimously adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Vierhus, Kasolas, Pack NOES: Commissioners: None ABSENT: Commissioners: Campos, Samuelson The Recording Secretary then handed to the applicant a copy of the "Procedure for Appeal from Decision of Planning Commission." *** A eal Appeal from a decision of the Planning Director pSA 79-46 denying a 21'-6" high free-standing sign for Far West Savings located at 1480 W. Campbell .Avenue in a C-1-S (Neighborhood Commercial) Zoning District. - 20- Mr. Kee noted that the applicant is requesting a continuance of this matter to the Planning Commission m'~eeting of September 4, 1979. Commissioner Kasolas then moved ~~`~-~'- ~;~,~ ~,~}~ea°! on SA 79-46 be continued to September 4, 1979, seconded by Cor~unissioner Dickson and unanimously adopted. *~* Referral from Planning Commission recommendation for the City Council Historic Preservation Board (one nomination) ter. Kee explained that since Mr. Bamburg does not live in the City of Campbell or its sphere of influence, the Council has requested that the Commission submit another nomination for the Historic Preservation Board. Commissioner Kasolas felt that Mr. Bamburg's name should be reaffirmed as a nomination since he has served well on the Site and Architectural Review Committee as the Architectural Advisor and has given many of his Flours to the City; he also handles many projects in Campbell and has been before the Commission on numerous occasions with these projects. After considerable discussion, Commissioner Dickson moved that the Planning Commission reaffirm its nomination of Marvin Bamburg to serve on the Historic Preservation Board, and if the Council chooses not to select Mr. Bamburg then Madge Overhouse's name be submitted as an alternate. This motion was seconded 6y Commissioner Meyer and adopted with Commissioner Kasolas voting "No". *** Referral from Appointment of two Planning Commissioners to serve City Council as members on the Rent Control Task Force Committee. Commissioners Kasolas and Meyer volunteered to serve on the Rent Control Force Committee. *** City Council Referral from the City Council directing the Planning Referral Commission to initiate action to develop an ordinance Condominium regulating Condominium Conversions. Conversions Acting Chairman Pack appointed Commissioner Dickson and herself to serve on a committee to work with staff~in developing a Condominium Conversion Ordinance. Commissioner Dickson was in agreement with this appointment. *** ADJOURNMENT It was moved by Commissioner Dickson and seconded by Commissioner Meyer that the meeting be adjourned. The meeting adjourned at 12:55 p.m. ATTEST: ,APPROVED: Arthur A. Kee, Secretary Margaret M. Pack, Acting Chairman RECORDED: Jeannine Made, Recorder