PC Min 06/19/1979PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
TUESDAY, 7:30 P.M. MINUTES JUNE 19, 197.9
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 Commissioners: Dickson, Pack, Vierhus, Kasolas,
Chairman Samuelson; Planning Director Arthur A.
Present Kee, Senior Planner Philip J. Stafford, Engineering
Manager Bill Helms, Acting City Attorney Marilyn
Taketa (8:20), Recording Secretary Jeannine Wade.
Absent Commissioners: Meyer and Campos.
APPROVAL OF MINUTES Commissioner Pack moved that the minutes of the
regular meeting of June 5, 1979, be approved as
submitted, seconded by Commissioner Vierhus 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 79-17 Continued application of Mr. Steve Sundeen and
Sundeen, S. Martha's Vineyard, Inc. ,for approval of plans
fora restaurant to be located on property known
as 1475 S. Bascom Avenue in a C-2-S (General
Commercial) Zoning District.
Commissioner Kasolas reported that the applicant had met with the Site and
Architectural Review Committee this morning. The applicant is requesting a
continuance of the plans in order that some concerns could be resolved; however
at this time the applicant is requesting approval of a minor modification to the
entryway for security purposes. The Committee is in agreement with both requests.
Mr. Kee explained that staff is in full agreement with the requests of the
applicant.
At this time Commissioner Vierhus moved that the Planning Commission approve
the minor modification, to be approved by the Planning Director, seconded by
Commissioner Pack and unanimously adopted.
Commissioner Pack then moved that the Planning Commission continue the application
for approval of plans for S 79-17 to the July 3, 1979, Planning Commission meeting,
seconded by Commissioner Kasolas and unanimously adopted.
***
-2-
S 79-18 Continued application
Kirkeby, M. Civil and Construction
of plans to construct
known as 655 McGlincey
Zoning District.
of Mr. Marvin D. Kirkeby-and
Consultants, Inc., for approval
an industrial building on property
Lane in an M-1-S (Light Industrial)
Commissioner Kasolas reported that the applicant met with the Site and Architectural
Review Committee this morning, and the concerns of the Committee and the Architectural
Advisor were discussed. The Committee and the Advisor are recommending approval of
this application subject to the conditions listed in the Staff Comment Sheet.
It was moved by Commissioner Kasolas and seconded by Commissioner Vierhus that
S 79-18 be approved subject to the following conditions:
1. Revised elevations to be approved by the Planning Director upon
recommendation of the Architectural Advisor.
2. Property to be fenced and landscaped as indicated and/or added in
red on plans.
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. 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.
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 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, 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, manufacturing, and
construction establishments.
-3-
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.
BUILDING DEPARTMENT
H. All roof covering shall be fire retardant. Sect. 1603(a) 3203(e)
FIRE DEPARTMENT
I. Provide "2A-lO6C" fire extinguishers.
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 79-19 Continued application of Mr. Marvin A. Bamburg,
Bamburg, M. A.I.A., for approval of plans to construct 52
condominium units on property known as 3595 S.
Bascom Avenue in an R-3-S (Multiple Family/
High Density Residential) Zoning District.
Commissioner Kasolas reported that the applicant, Mr. Maslesa, had appeared
before the Site and Architectural Review Committee this morning. He noted
that the number of units had been reduced from 57 to 52; which basically
removes 10 percent of the building area to provide for better circulation.
Both the Committee and the Architectural Advisor are recommending approval
of this application.
Commissioner Vierhus then moved that S 79-19 be approved subject to the
following conditions, seconded by Corm~issioner Dickson and adopted with
Commissioner Pack abstaining because of a possible conflict of interest:
1. Revised elevations to be approved by the Planning Director
upon recommendation of the Architectural Advisor.
2. Property to be fenced and landscaped as indicated and/or added
in red on plans.
3. 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.
4. Fencing plan indicating location and design details of fencing
to be submitted for approval of Planning Director prior to
application for building permit.
5. Landscaping and fencing shall be maintained in accordance with
the approved plan.
6. 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.
7. All mechanical equipment located on roofs to be screened as approved
by the Planning Director.
-4-
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.
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 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, 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.
H. 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
I. Provide "2A-IOBC" fire extinguishers.
J. Provide an on-site fire hydrant system.
PUBLIC WORKS DEPARTMENT
K. Process and file a tract map.
L. Provide a copy of the preliminary title report.
M. Pay storm drainage area fee of $1,617.00.
N. Provide a grading and drainage plan for the review and approval
of the City Engineer.
0. Obtain an excavation permit to install a 10-foot-wide sidewalk,
driveway approach, two street trees and any other work in the
public right-of-way.
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.
***
-5-
S 79-23 Application of Mr. Kjartan 0. Armann for approval
Armann, K. of plans to construct a two-story office building
on property known as 51-71 W. Latimer Avenue in
a C-2-S (General Commercial) Zoning District.
Commissioner Kasolas reported that the applicant had met with the Site and
Architectural Review Committee this morning. He noted that the Committee
and Architectural Advisor are recommending approval subject to the revised
elevations being approved by the Planning Director upon recommendation of
the Architectural Advisor (this is covered under Condition No. 1 of the
Conditions of Approval).
Mr. Kee located this building on the plans for the Commission and noted the
orientation relative to existing buildings in the shopping center.
Commissioner Pack expressed concern about landscaping for this project; she
stated she felt it was very important to look at the landscaping plans care-
fully, noting that the Winston Tire Company (across Winchester from this pro-
posed building) did not have sufficient landscaping and it is too late to do
anything about that particular project now. She also noted that this shopping
center is in a state of disrepair.
Mr. Kee assured that the landscaping would be carefully scrutinized and that
one of the Conditions of Approval (Condition No. 5) provides for adequate
landscaping.
The applicant agreed with Corronissioner Pack's feelings, noting that he would
do everything possible to provide sufficient landscaping.
Commissioner Pack then moved that S 79-23 be approved subject to the fo~l.owing
conditions, seconded by Commissioner Dickson and unanimously adopted:
1. Revised elevations to be approved by the Planning Director
upon recommendation of the Architectural Advisor.
2. Property to be fenced and landscaped as indicated and/or
added in red on plans.
3. 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.
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 $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.
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.
-6-
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.
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 Depart-
ment. (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 apart-
ment units, to all commercial, business, industrial, manufacturing,
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 Depart-
ment. Unless otherwise noted, enclosure(s) shall consist of a con-
crete 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.
BUILDING DEPARTMENT
H. Provide minimum 30" high parapet wall at north property line wall.
I. Roof covering on flat roof section (not shown) shall be fire retardant.
Sect. 1603(a) 3203(e).
FIRE DEPARTMENT
J. Provide an automatic fire extinguishing system.
K. Provide "2A-108C" fire extinguishers.
PUBLIC WORKS DEPARTMENT
L. Provide evidence of mutual access easements for ingress and egress
in front and back of building.
M. Pay storm drainage area fee of $641.
N. Provide a grading and drainage plan for the review and approval of
the City Engineer.
0. Obtain an excavation permit to widen the existing sidewalk to ten
feet from face of curb; and install tree wells & street trees.
The applicant is notified that he/she shall comply with all applicable
Code or Ordinances of the City of Campbell which pertain to this develop-
ment and are not herein specified.
S 79-24 Application of Mr. Richard K. Tanaka and Goodwin
Tanaka, R. B. Steinberg Associates for approval of plans to
expand the Allstate Insurance Building located on
property known as 500 E. Hamilton Avenue in a C-2-S
(General Commercial) Zoning District.
- 7-
Commissioner Kasolas reported that the applicant had met with the Site and
Architectural Review Committee this morning, and the Committee is recommending
approval subject to the conditions listed in the Staff Comment Sheet. He noted
that the Committee is recommending Condition L as stated by the Fire Department,
and if the applicant wished to change that requirement it would have to be
approved by the Fire Department.
Commissioner Pack then moved that S 79-24 be approved subject to the following
conditions, seconded by Commissioner Dickson and unanimously adopted:
1. 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 curb or bumper
guards.
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, manufacturing,
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 Depart-
ment. 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.
BUILDING DEPARTMENT
H. 30" parapet wall (not shown) required at west elevation. Sect. 1709.
I. Roof covering (not shown) shall be fire retardant. Sect. 1603(a)
3202(c).
FIRE DEPARTMENT
J. Existing fire lane on south property line to remain unobstructed.
K. Provide additional "2A-lO6C" fire extinguishers.
L. Provide an automatic fire extinguishing system for new and existing
building.
M. Trash enclosure to have self-closing gates.
-8-
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.
***
PUBLIC HEARINGS
PD 79-06 Continued public hearing to consider the application
Sparling, J. of John and Linda Sparling for approval of plans,
elevations, and development schedule to allow the
construction of an office-warehouse building on
property known as 146 and 152 Railway Avenue in a
P-D (Planned Development/Industrial) Zoning District.
Commissioner Kasolas reported that the Committee is recommending approval of
this application as presented.
Commissioner Pack inquired of the breakdown of office space and warehouse space,
and wondered if the parking proposed would be adequate. She also wanted to know
if the applicant was in agreement with Condition No. 5.
Mr. Kee responded that there would be 432 square feet of office use and 3,951
square feet of warehouse use. He noted that the parking as proposed is, in
staff's opinion, adequate. He further noted that as far as he knew, the
applicant is in agreement with Condition No. 5. Mr. Kee explained the plans
to the Commission, noting that the property had been zoned P-D some time ago
in order that any proposal would have to be reviewed by the Planning Commission
as well as the City Council. He noted at this time that it might be appropriate
to consider this later during the meeting since the applicant was not present
at this time.
Chairman Samuelson noted that the Commission would proceed with the agenda
and come back to Item No. 6.
***
PD 79-7 This is the time and place to consider the application
Kelly, B. of Mr. Brian J. Kelly and the Kelly-Gordon Company for
approval of plans, elevations, and development schedule
to allow construction of 16 townhomes on property known
as 420 W. Campbell Avenue in a P-D (Planned Development/
Low-Medium Density Residential) Zoning District.
Commissioner Kasolas reported that the applicant met with the Site and Archi-
tectural Review Committee this morning, and the Committee is recommending
approval of this extremely attractive proposal.
Mr. Kee stated that staff is also recommending approval, as well as the
Architectural Advisor.
Chairman Samuelson declared the public hearing open and invited anyone in
the audience to speak for or against this item.
- 9-
Mr. Bruce Johnson, architect for the project, stated he felt this proposal
was one of the best projects he has worked on in the City of Campbell.
No one else having any questions or wishing to speak, Commissioner Pack
moved that the public hearing be closed, seconded by Commissioner Kasolas
and unanimously adopted.
RESOLUTION N0. 1798 Commissioner Dickson moved that the Planning
Commission adopt Resolution No. 1798 recommending
approval of the application of Mr. Brian J. Kelly
and the Kelly-Gordon Company for approval of plans,
elevations, and development schedule to allow
construction of 16 townhomes on property known as
420 W. Campbell Avenue in a P-D (Planned Development/
Low-Medium Density Residential) Zoning District
(PD 79-7), seconded by Commissioner Kasolas and
adopted by the following roll call vote:
AYES: Commissioners: Dickson, Pack, Vierhus, Kasolas, Samuelson
NOES: Commissioners: None
ABSENT: Commissioners: Meyer, Campos
UP 79-15 This is the time and place for a public hearing to
Haigh, J. consider the application of Mr. Jack Haigh and Syufy
Enterprises fora 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 July 3, 1979, Planning Commission meeting.
Commissioner Pack brought to the Commission's attention the traffic problems
that occur in the whole area (Camden, Whiteoaks, McGlincey, and Highway 17)
when the drive-in opens.
Commissioner Vierhus felt, if anything, traffic will be cut down since there
is only a limited number of overall spaces.
Commissioner Kasolas inquired if the Commission could be supplied with the
past history on this entire project.
Mr. Kee stated that it would not be a problem to present a brief history of
this project going back seven or eight years.
Acting City Attorney Marilyn Taketa entered the Council Chambers at 8:20 p. m.
Chairman Samuelson declared the public hearing open and invited anyone in
the audience to speak for or against this project.
- l o-
Mr. Donald Mandell of 571 McGlincey Lane, Campbell, spoke in opposition to
the expa~~sion of this project because of traffic congestion and problems in
the area. He felt this expansion would add to the existing traffic problems.
No one else wishing to be heard, Commissioner Vierhus moved that this item
be continued to the July 3, 1979, Planning Commission meeting, seconded by
Commissioner Pack and unanimously adopted.
***
TA 79-2 This is the time and place fora continued public
Noise Ordinance hearing to consider the addition of "Title 9 -
Noise" to the Campbell Municipal Code.
Mr. Kee reported that in November 1978 the City Council took action directing
that the staff prepare a Noise Ordinance draft which was subsequently referred
to the Advisory Commissions and other agencies for comment. He noted that
comments were forwarded to the Planning Commission for consideration (copies
of which were attached to the Staff Comment Sheet). He further noted that
the Noise Element of the General Plan expresses concern about excessive noise
in the policy statement and in the section stating goals and objectives;
specifically the Implementation Section, which reads in part as follows:
"The implementation of the Policies and Goals as expressed
in the Noise Element shall be accomplished through the
subsequent adoption of a Noise Ordinance."
Mr. Kee explained that in order to implement the Noise Element, a Noise
Ordinance should be adopted.
Commissioner Kasolas inquired about Chief Burr's memo on this subject.
Mr. Kee explained that the Chief felt no action should be taken until Palo
Alto's study on this subject is completed.
Commissioner Kasolas stated that there would not only be a Police Department
problem in enforcing this ordinance, but also enforcement by the City Attorney.
He felt the overlapping of the Penal Code and Vehicle Code could also present
some problems.
Acting City Attorney Taketa stated that Palo Alto is currently working on
their ordinance and thus far have not run into any problems.
Commissioner Dickson expressed concern about the advisory commissions'
uniformity in feeling that this ordinace should not be adopted at this time.
He felt possibly this could be referred back to the Commissions and staff
to resolve some of the concerns they have.
Commissioner Pack felt that if this ordinance had been available at the
time of consideration of the recent car wash application it might have been
helpful since the adjoining residents expressed concern about the noise generated
from this facility; with an ordinance adopted, restrictions could have been
imposed and enforced.
-11-
Commissioner Kasolas stated he felt it was important to note that staff has
been given this assignment; it is not known i',` the other Commissions had
concerns with the ordinance itself or just the idea of having an ordinance.
He felt the ordinance should be recirculated and receive input as to why it
is not effective.
Commissioner Dickson felt that if action were not taken to resolve some
of the concerns expressed regarding this ordinance, the Commission really
had not done its job.
Chairman Samuelson invited anyone in the audience to speak for or against
this item.
After much discussion about the recirculation of the draft ordinance back
to the advisory commissions and staff, Commissioner Kasolas moved that the
Planning Commission continue TA 79-2, Noise Ordinance, to the September 18,
1979, meeting in order that:
1. The ordinance could be referred back to the advisory commissions
and City departments for substantial and affirmative comments, and
2. Staff and the City Attorney could review any overlap of the
proposed ordinance and State and/or Federal statutes.
This motion was seconded by Commissioner Dickson and unanimously adopted.
***
PD 79-6 Continued public hearing and discussion of Item No.
Sparling, J. 6 on this evening's agenda.
Much discussion ensued regarding the imposed Condition No. 5 listed on the
Staff Comment Sheet (limiting use of property to 432 s.f. of office use
and 3,951 s.f. of warehouse use) and enforcement of this condition.
Acting City Attorney Taketa noted that this condition was completely
enforceable and there should be no problem with it. She further noted
that the condition imposed would run with the land and any new owner would
be expected to adhere to any conditions imposed.
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, and the applicant not being present to respond
to questions of the Commission, Commissioner Vierhus moved to close the
public hearing. There not being a second to this motion, the motion failed.
Commissioner Dickson then moved that PD 79-6 be continued to the July 3, 1979,
Planning Commission meeting, in order that the applicant could respond to
questions of the Commission, seconded by Commissioner Pack and unanimously
adopted.
***
The Commission took a break at 9:00 p.m.; the meeting reconvened at 9:12 p.m.
-12-
MISCELLANEOUS
Referral from Referral from the City Council regarding the
City Council application of Raphael and Thelma Torres for a
UP 79-10 use permit and approval of plans to convert a
Torres, R. residence into a sandwich shop on property known
as 3265 S. Winchester Boulevard in an Interim
Zoning District.
Mr. Kee noted that at its meeting of May 15 the Planning Commission adopted Resolution
No. 1787 (a copy of which is hereto attached and made a part of these minutes) denying
the subject application, and this decision was subsequently appealed to the City
Council by letter filed with the City Clerk's office on May 21, 1979. Recording
Secretary Wade read into the record the letter of appeal dated May 20, 1979, a copy
of which is attached hereto and made a part of these minutes.
Mr. Kee further reported that on June 11 the Council considered this appeal,
and after considerable discussion regarding the Commission's findings, the
Council referred this item back to the Planning Commission by formal referral.
The Recording Secretary then read into the record the formal referral from
the Council, dated June 14, 1979, requesting that the applicant work with
the Planning Staff and Architectural Advisor to see if the plans could be
modified to meet the objections of the Commission. A copy of this referral
is attached hereto and made a part of these minutes.
Mr. Kee then stated that a letter had been received from the Architectural
Advisor setting forth his objections to this project. The Recording Secretary
read into the record a letter from Architectural Advisor Barry Ludwig, dated
June 19, 1979, a copy of which is attached hereto and made a part of these
minutes. This letter basically states that he does not feel the proposed
use is compatible with the area.
Chairman Samuelson inquired if staff had met with the applicant.
Mr. Kee responded that staff had not. He noted that the Council desired a
response in time for its July 9 meeting, and should the Commission decide to
refer the plans back to staff and the Site and Architectural Review Committee
the recommendation could come back to the Commission at its meeting of July 3.
Commissioner Kasolas expressed concern regarding direction of the Council's
referral. He felt it was no the Commission's responsibility to direct applicants
as to what they should or should not be proposing, but rather giving direction on
what they would like to purpose; he did not feel it was the Commission's or the
Site and Architectural Review Committee's responsibility to design or redesign
structures.
Commissioner Pack agreed with Commissioner Kasolas' position on this matter.
Chairman Samuelson noted that Staff's recommendation is that the Commission
review and further clarify its findings as expressed in the resolution of
denial.
Mr. Kee noted that the attempt is to get clarification of the findings; however,
in the meantime staff could meet with the applicant if the Commission so desired.
-13-
Commissioner Pack brought to the Commission's attention that to her
recollection, she had never seen a letter from an Architectural Advisor
stating so strongly feelings for denial of a project. She felt the
Commission should take his recommendation very seriously.
Mr. Kee noted that a letter from Ms. Runore Smith had been handed out
to the Commission just prior to consideration of this item. This letter,
dated June 18, 1979, is attached hereto and made a part of this record.
This letter posed questions that had been given conflicting answers by
the applicant, and she wished to know exactly what was planned for this
project.
Commissioner Dickson noted that in reviewing the ordinance to grant a use
permit the Commission must find that the "establishment, maintenance, or
operation of the use applied for will not be detrimental to the health, safety,
peace, morals, comfort or general welfare of persons residing or working
in the neighborhood of such proposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of
the city."
He further noted that the Commission could not make that finding, then the
use permit should not be granted; he noted the burden of proof is not on the
Commission, it is on the applicant.
Acting City Attorney Taketa noted that she was present at the Council meeting,
and reported that a possible clarification could be "The Commission was unable
to find that the establishment, maintenance or operation of the use applied
for will not be detrimental to the health,..." based upon evidence presented
at the public hearing.
Commissioner Vierhus noted that the decision for denial was based, on a large
extent, on the opinion of the Architectural Advisor; and the letter from the
Advisor reaffirms this position.
Commissioner Kasolas stated for the record that he not only based his decision
on the information received from the Site and Architectural Committee, but also
on information received at the public hearing. He noted that the information
given at the Committee meeting had been different than some of the information
presented at the public hearing by the applicant.
Commissioner Vierhus stated he would like to reaffirm the position of denial.
Commissioner Pack requested that the Council receive all the backup pertaining
to this application.
Much discussion ensued regarding reopening the public hearing at the Commission
level, and renoticing adjacent and surrounding property owners.
Chairman Samuelson noted that the applicant could resubmit an application.
The maker of the original motion for denial, Commissioner Dickson, moved that
the following clarification of the findings be forwarded to the City Council,
along with all backup material (including minutes of meetings held before the
Commission):
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1. Section 21.64.040 of the Zoning Ordinance states:
"Action by the commission. (a) In order to grant any
conditional use permit, the planning commission must find
that the establishment, maintenance or operation of the
use applied for will not be detrimental to the health,
safety, peace, morals, comfort or general welfare of
persons residing or working in the neighborhood of such
proposed use, or be detrimental or injurious to property
and improvements in the neighborhood or to the general
welfare of the city."
The Planning Commission is unable to find that the establishment, maintenance
or operation of the use applied for will not be detrimental to the health,
safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood of such proposed use, or be detrimental or
injurious to property and improvements in the neighborhood or to the general
welfare of the City based upon the evidence presented to the Planning Commission
and in particular, without intended limitation, upon the facts, which are hereby
found, that:
A. The uses to the south of this project are presently zoned
Interim, commercial. Uses to the north and west are single-
family residential. This particular development would inter-
fere with further development of commercial and presently
interferes with the development of residential. The use is
not compatible to the surrounding area.
B. In terms of traffic, additional turning movements into and
out of this development could create a traffic hazard. Im-
provement of Winchester Boulevard is not scheduled until
sometime next year.
C. The neighbors do not feel that this development is in the
best interest of the area.
D. The concerns of the Architectural Advisor regarding the
imcompatibility of this project should seriously be taken
into consideration.
E. A use permit is required for the conversion of a residence
and special consideration has to be given for said conversion.
In this instance the issue of the conversion of a residence
to a commercial use is at hand (which is incompatible) rather
than the intended use, i.e., a sandwich shop.
This motion was seconded by Commissioner Vierhus and adopted by the following
roll call vote:
AYES: Commissioners: Dickson, Pack, Vierhus, Kasolas
NOES: Commissioners: Samuelson
ABSENT:. Commissioners: Meyer, Campos
At this time Chairman Samuelson noted to-the applicant that a report would be
forwarded to the City Council for consideration at its July 9, 1979, meeting.
***
-15-
Staff Report Communication from Santa Clara County regarding
publication on "Noise".
Mr. Kee reported that this publication has been ordered for all the Commissioners.
Commissioner Pack inquired if this might also be forwarded to all the advisory
commissions along with the recirculation of the Noise Ordinance.
Mr. Kee stated that this would be done.
Commissioner Vierhus moved that this report be noted and filed, seconded by
Commissioner Dickson and unanimously adopted.
***
PM 79-5 Application of Campbell Union School District for
Lands of Campbell approval of a tentative parcel map for the Hamilton
Union School District School site (APN 279-33-34).
Mr. Kee reported that the Campbell Union School District is proposing to
subdivide a parcel of property, which is located on the assessors map to be
10.13 acres in area, into two parcels. The first parcel, oriented to Hamilton
Avenue is proposed to be approximately 7.50 acres. Parcel 2 is proposed to be
approximately 2.63 acres. The area is shown on the General Plan for public
land use, and the existing zoning for both proposed parcels is P-F (Public
Facilities). Parcel 1 is currently the site of the Hamilton Avenue School,
which has been closed. Parcel 2 is the site of the Campbell Union School
District's Corporation Yard, which is still in operation. While both parcels
meet the requirements of the subdivision ordinance, staff does have a concern
over the future development of Parcel 2, if the School District should decide
to sell it at some future date. The reason for this concern is the limited
access to both Harrison and Salmar Avenues.
Mr. Kee noted that if at some future date this parcel should be considered for
development, access would be difficult to obtain, but there is no problem at
the present time.
Engineering Manager Helms reported that he had met with Dr. Ruscigno of the
School District to discuss the difficult ingress and egress off of Salmar
because of a sight problem. The Harrison Avenue frontage would be the only
access, and this could be a limiting factor for some development in the future.
Commissioner Vierhus moved that the Planning Commission approve this parcel
map subject to the condition that the final map shall be filed with the City
Engineer in accordance with the provisions of the Subdivision Map Act, seconded
by Commissioner Pack and unanimously adopted.
***
ITEMS BROUGHT UP BY CHAIRMAN
Chairman Samuelson noted at this time that the budget submitted for the Planning
Commission in the coming fiscal year 1979-80 totaled $2,850, which includes $400
for an annual dinner. He noted final budget hearings would probably not be held
until sometime in August.
***
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ADJOURNP4ENT_ It was moved by Commissioner Dickson and seconded
by Commissioner Pack that the meeting be adjourned.
The meeting adjourned at 10:25 p.m.
APPROVED:
Carl E. Samuelson, Chairman
ATTEST:
Arthur A. Kee, Secretary
RECORDED:
Jeannine Wade, Recording Secretary