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PC Min 04/17/1979PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES APRIL 17, 1979 The Planning Commission of the City of Campbell convened this day in regular session at the regular meeting place, the Council Chambers of the City Hall, 75 North Central Avenue, Campbell, California. ROLL CALL Present Commissioners: Meyer, Dickson, Campos, Pack, Kasolas (7:45), Chairman Samuelson; Secretary Arthur A. Kee, Senior Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert Dempster, Recording Secretary Jeannine Wade. Absent Commissioner Vierhus APPROVAL OF MINUTES Cor~nissioner Pack moved that the minutes of the regular meeting of April 3, 1979, be approved as submitted, seconded by Conmissioner Meyer and unani- mously adopted. COMMUNICATIONS Mr. Kee reported that communications received relate to specific items on the agenda and would be considered at the time the item is discussed. *** Commissioner Kasolas entered the Council Chambers at 7:45 p.m. *** ARCHITECTURAL APPROVALS SA 79-7 Continued appeal by Charles and Margaret Pignataro Pignataro, C. of a decision of the Planning Director which denied an application for a 5-foot by 18-foot sign on the rear of a building located on property known as 247 E. Campbell Avenue in a P-D (Planned Development/ Commercial) Zoning District. Mr. Kee noted that staff is recommending a continuance of this item to the May 15, 1979, Planning Commission meeting. He noted that this item had been continued from the March 6 meeting in order that time could be allowed for the Commission to consider signing in the downtown area, however as of this date no formal action has been initiated to establish such a policy fir signs in the downtown area and therefore staff is recommending a further continuance. Chairman Samuelson inquired if the applicant were in agreement to such a continuance. -2- Mrs. Pignataro, applicant, appeared before the Commission to indicate that she would be in agreement to a continuance. Commissioner Campos moved that SA 79-7 be continued to the Planning Commission meeting of May 15, 1979, seconded by Commissioner Pack and unanimously adopted. *** S 70-26 Application of Mrs. Marcia Kimble for approval of Kimble, M. plans to eliminate one driveway for the La Valentia Apartments located on property known as 350 Budd Avenue in an R-3-S (Multiple Family/High Density Residential) Zoning District. Mr. Kee reported that staff had received a request from the applicant asking that this item be continued to the June 5, 1979, Planning Commission meeting, and staff would have no problem with such a request. Commissioner Pack moved that S 70-26 be continued to the Planning Commission meeting of June 5, 1979, seconded by Commissioner Meyer and unanimously adopted. S 79-12 Application of Mr. Jimmy Mitsuo Sugiyama and Sugiyama, J. Campbell Marine for approval of plans to expand the outdoor display of boats on property known as 1600 S. Winchester Blvd. in a C-1-S (Neighborhood Commercial) Zoning District. Commissioner Kasolas reported that this application was reviewed by the Site and Architectural Review Committee this morning. Commissioner Dickson sat in on the Committee meeting in Commissioner Vierhus' absence. He noted this item was discussed at length, with the Committee having a split vote. He noted that he was in favor of staff's recommendation for approval, limiting the number of boats to 18; with an added condition that the application be approved for a period of 6 to 9 months and then again come before the Commission for review. He noted that Commissioner Dickson was in favor of retaining the existing limit of 13 boats. Commissioner Dickson gave some further background, noting that a use permit had been issued in 1972. Originally three display areas for boats were allowed. He also noted that the landscaping could be better maintained at this site. Mr. Kee noted that the applicant had agreed at the Site and Architectural Review Committee meeting this morning to rejuvenate existing landscaping. Chairman Samuelson inquired if one driveway had been closed (Hamilton Avenue). Mr. Kee indicated that at present there is a chain across the Hamilton Avenue driveway. Commissioner Pack inquired if any questions had been raised about visibility when making right-hand turns from Hamilton to Winchester Avenue. She noted that she had witnessed many near accidents there because of a visibility problem. - 3- Mr. Helms responded that nothing had been brought up to the attention of the Public Works Department. Commissioner Pack then inquired about a bus bench for riders which was placed in front of the site (Hamilton Avenue) noting that it had been destroyed at one time and wondered if it had been replaced. Mr. Helms seemed to recollect a bus bench at that location which had been struck by a vehicle; he noted that those are maintained by the Transit District and did not recall if the bench had been replaced by the District. Commissioner Pack felt that should be checked into. Chairman Samuelson asked Mr. Kee if he had any comments regarding parking. Mr. Kee noted that a letter had been received from Messrs. John A. Hughes and Wayne M. Hopp expressing the fact that they had been bothered for the last year by the applicant's boats and customers parking in their lot. A copy of this letter, dated February 12, 1979, is attached hereto and made a part of these minutes. Commissioner Pack noted that she has witnessed a parking problem in that area; in fact some of the customers of the medical building have had to park across Rosemary. Commissioner Meyer inquired if there were "No Parking" signs along Winchester adjacent to Hamilton. Mr. Helms responded that there is restricted parking along the total frontage of the property. Commissioner Meyer noted she had witnessed parking along Winchester and Hamilton - possibly for only a short period of time - which would cause problems. She felt more than six parking spaces are needed. Mr. Jim Sugiyama, 1562 Park View, San Jose (applicant) appeared before the Commission. He noted that during most of 1978 he was not aware of the restriction on the number of boats allowed. He felt the past owner's record should not be taken into consideration when considering this application. He noted that after meeting with the Site and Architectural Review Committee this ,_ morning, he would be in agreement with the staff recommendation of 18 boats. He felt the closing of Hamilton Avenue would not be necessary; the driveway is used very little. Chairman Samuelson inquired of the applicant about the number of on-site parking spaces; he inquired if the applicant planned to change this (presently only 6 spaces). The applicant noted that additional parking had been obtained from the Hudson Station nearby. Commissioner Campos inquired if this were a display or sales lot. The applicant replied that it is both. -4- Commissioner Pack then inquired if there was a bus bench. The applicant indicated that at one time there was a bus bench; but it was somehow demolished and never replaced. Dr. O'Halloran, of the medical building next door, explained to the Commission the number of complaints he had from customers trying to find a parking space. He further noted that there was a boat parked in the lot this morning. He noted that his office is now making a record of all complaints received from patients; he further noted that there was a noise problem (loud engines), but he had brought this to the attention of the applicant. Chairman Samuelson inquired if a complaint had been forwarded to City Hall. Dr. O'Halloran indicated that he would transmit that at a later date. Chairman Samuelson then noted it would be a good idea to keep a record that could be transmitted to City Hall. Commissioner Kasolas noted for the record that Messrs. Kee and Stafford, as well as himself, had driven by the site today and not all six parking spaces were available. Commissioner Dickson noted that the original application had only. permission for 3 boats to be displayed, and during the drought the Commission was approached by the applicant to increase the display number to 13; in the meantime the new owner has increased the density more. He expressed concern about the use permit for this particular area; and wondered if this is a proper use for the area. He felt than an interim step would be to approve the 13 spaces; if not, he felt that the Commission should take a look at that use for that location. Commissioner Pack felt that would be reasonable. MOTION Commissioner Dickson moved that S 79-12 be (1) disapproved, which would return the number of boats on display to 13; (2) that a review period of 6 months be established in order that this item could again come before the Commission for review of use; and (3) that the trash enclosure be relocated in accord with an approved location to be approved by the Planning Department and Fire Department. This motion was seconded by Commissioner Pack. AMENDMENT TO MOTION Commissioner Kasolas moved to amend the motion to read approval of 18 boats on display fora period of six to nine months to be reviewed by the Planning Commission after that period of time to see what problems the adjoining property owners would experience, and keep track of any difficulties they. might encounter. This motion died for lack of a second. -5- VOTE ON ORIGINAL MOTION The original motion, as made by Commissioner Dickson and seconded by Commissioner Pack, was adopted with Commissioner Kasolas voting "No". Mr. Kee then informed the applicant that he had a 10-day period in which to appeal this decision to the City Council if he so desired. He also noted that he would be receiving a letter in the mail with a copy of the formal appeal procedure. *** S 79-14 Application of Mr. Robert M. Kadjevich for approval Kadjevich, R. of plans to construct a five-unit apartment building on property known as 1458 W. Latimer Avenue in an R-2-S (Multiple Family/Medium Density Residential) Zoning District. Mr. Kee reported that staff is recommending approval of this application subject to the conditions listed in the Staff Comment Sheet. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning, and the Committee is also recommending approval subject to the conditions listed in the Staff Comment Sheet. Commissioner Dickson moved that S 79-14 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 sub- mitted for 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. 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 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. 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. The building extends 175 feet onto the property, therefore an on-site fire hydrant shall be installed. J. Provide 2A-IOBC fire extinguishers. PUBLIC WORKS DEPARTMENT K. Pay storm drainage area fee of $215. L. Enter into an agreement and post surety to install street improvements. 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 79-15 Application of Mr. Steve K. Brown for approval Brown, S. of plans to construct a commercial building on property known as 1501 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning; the Committee is recommending approval, however revised plans are to be submitted to the Architectural Advisor. Commissioner Pack inquired if this would be a one-story building. She wondered if this building would obstruct the visibility of traffic making right-hand turns from Campbell Avenue to San Tomas Aquino Road. - 7- Commissioner Kasolas informed her that it is a one-story building proposal. Commissioner Pack stated she felt good landscaping would help improve the entire intersection. Commissioner Kasolas reported that that was also a concern of the Committee this morning. He felt everyone was sensitive to the area. Commissioner Dickson then moved that S 79-15 be approved subject to the following conditions, seconded by Commissioner Meyer 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 maiterial, 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 $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. 7. 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. Plan 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 cable, 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. -8- 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 "2A-IOBC" fire extinguishers. PUBLIC WORKS DEPARTMENT I. Indicate a 40-foot radius return at the intersection and rebuild the curb, gutter and sidewalk, with a curb radius of 50 feet. The applicant is notified that he/she shall comply with all applicable Code or Ordinances of the City of Campbell which pertain to this development and are not herein specified. *** At this time Commissioner Kasolas inquired if it would be in order to consider Item No. 17 next since the applicant was waiting in the audience and he had requested a continuance to the next meeting. It was the consensus of the Commission that Item No. 17 be considered next. *** Request of Request of Mr. and Mrs. Douglas Brooner for a waiver Brooner, D. of the side yard setback requirement from 9'-0" to 5'-0" to allow the construction of a two-story addition to an existing single-story residence located on property known as 361 April Way located in an R-1 (Single Family/Low Density Residential) Zoning District. Commissioner Kasolas reported that the applicant had requested a continuance to the May 1, 1979, Planning Commission meeting in order that revised plans could be submitted. Commissioner Pack moved that the request of Mr. and Mrs. Douglas Brooner be continued to the May 1, 1979, Planning Commission meeting, seconded by Commissioner Kasolas and unanimously adopted. *** S 79-16 Application of Mr. Harold Ramsey for approval of Ramsey, H. plans to construct a single-story addition to an existing structure located on property known as 212 Wilton Drive in an R-2-S (Multiple Family/ Medium Density Residential) Zoning District. -9- Commissioner Kasolas reported that the Committee is recommending a unanimous decision of denial of this application; he noted that there is tandem parking proposed, and all of the open space area is proposed to be used (except a 10' strip along the side of the property) which would increase the density. The applicant has asked that the full Commission consider this item. Mr. Ramsey, applicant, noted that this proposed addition is for a room for his son. Chairman Samuelson inquired of Mr. Ramsey if he felt Commissioner Kasolas was correct in stating that this would decrease the amount of open space. Mr. Ramsey felt open space would be decreased; however, it is not being used at the present time. Commissioner Pack asked for clarification in that if the applicant had originally requested this added room at the time of his submittal of the original plans for the building it would have been approved. Mr. Kee responded that this question had been brought up at the Site and Architectural Review Committee meeting this morning, and it was the opinion of the Architectural Advisor, as well as the Committee, that there would have been some concern. Commissioner Kasolas again stated his concern on the question of open space for this application; and did not feel that the circumstances were so unusual to warrant approval. Commissioner Pack then moved that S 79-16 be denied, subject to the facts brought up by the Site and Architectural Review Committee, seconded by Commissioner Dickson and unanimously adopted. Mr. Kee informed the applicant of right of appeal to the City Council, and indicated a letter from staff would be forthcoming. *** The Commission took a break at 9:08 p. m. The meeting reconvened at 9:25 p.m. *** PUBLIC HEARINGS UP 79-4 This is the time and place fora continued public Beadle, S. hearing to consider the application of Mr. Samuel A. Beadle, Jr., for a use permit to allow a bath house on property known as 266 E. Campbell Avenue in a P-D (Planned Development/Commercial) Zoning District. Mr. Kee explained that this item had been continued from the April 3, 1979, Planning Commission meeting in order that revised plans could be submitted which would be compatible with those submitted for the next item on the agenda; however, the applicant for the next item on the agenda (Mr. Raffanti) has requested that his application be withdrawn. Therefore, the applicant for this item (Mr. Beadle) has requested that if this application is approved a condition be added which -10- would bring the plans back for approval. Commissioner Pack inquired about the information included in the agenda packet on this item; she wondered if the material had been submitted by the applicant or staff. Mr. Kee responded that both the applicant and staff had submitted the additional material. He noted that the Commission had requested copies of minutes from the Palo Alto Planning Commission and City Council; and a copy of Mountain View's ordinance. Commissioner Kasolas inquired about the parking on the site, since previously the parking was being considered along with UP 79-5. Mr. Kee explained that parking was being submitted with this application at this time. Commissioner Dickson inquired about the parking ratio for this application. Mr. Kee indicated that there would be one parking space for every 165 gross feet of floor area. Chairman Samuelson inquired as to how many hot tubs were being proposed, and how many persons would be allowed per hot tub. Mr. Kee responded that there would be 16 hot tubs, with a maximum capacity of 4 persons per hot tub. Chairman Samuelson noted that this is a continued public hearing and invited anyone in the audience to speak for or against this item. Police Chief Don Burr appeared before the Commission to state that in his opinion the bath house use in .the downtown area is not compatible and he would object to that type of use. Secondly, he stated that the City of Campbell presently does not have an ordinance covering bath houses and he requested that the Commission put off this type of use until such time as he could present an ordinance covering such uses to the City Council for their consideration. Commissioner Dickson inquired of Chief Burr how it would be difficult to enforce this type of use. ~- Chief Burr explained that an ordinance would be ncessary to effectively enforce such a use; also, it would be necessary to have undercover agents in the establishments. Mr. Al Beadle, applicant, appeared before the Commission to explain that this type of use is covered by a use permit which is revocable. He felt that in the operation of a legitimate business there are laws which must be adhered to and he didn't feel that the ordinance was mandatory at this point in time. He felt that a vote could be taken on this now, then a condition be added which would incorporate the ordinance once adopted. -11- Commissioner Kasolas inquired of Mr. Beadle if he had performed any type of market surveys, as to where clientele would come from and what type of advertisement media he would use. Mr. Beadle explained that he would probably use the newspapers and possibly the radio as means of advertisement. He noted that no market survey had been made, per se, however there would be a broad range of persons using the facility. Mainly this range would include adults for family use. He noted that the bath house use seems to have an appeal in the community. Commissioner Kasolas then inquired of Mr. Beadle if there were any particular reason he chose Campbell for this facility; and what the hours of operation would be. Mr. Beadle explained that he felt Campbell was the center of Santa Clara County and he is very familiar with the City. He noted the hours of operation during the week were proposed to be 11 a. m. to 12 midnight, and on weekends from 11 a.m. to 2 a.m. Commissioner Kasolas then asked what was proposed to be in the room besides the hot tub. Mr. Beadle responded that there would be a place to hang clothes, a deck, and a couch; the rooms would be approximately 8'x12'. He noted there would be a total of 16 hot tubs, with a maximum occupancy of 4 personseach. Much discussion ensued regarding age limits for persons using the facilities, and means of enforcing use by these persons. Chief Burr again appeared before the Commission to explain the problems of enforcement at such facilities as pornography shops, etc. He explained he would not be in favor of a grandfather clause; it just doesn't work out. Again he expressed a need for an ordinance. No one else wishing to be heard, Commissioner Kasolas moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. Much discussion ensued regarding having an ordinance adopted before considera- tion of bath houses and spas in the City of Campbell. Mr. Kee noted to the Commission that since this is a use permit, they could impose any conditions necessary in order to address areas of concern. Commissioner Campos stated he felt an ordinance would be more helpful in establishing guidelines for a use such as this. Commissioner Pack stated that she shared the same concerns as the other Commissioners. -12- RESOLUTION N0. 1782 Commissioner Kasolas moved that the Planning Commission adopt Resolution No. 1782 denying the application of Mr: Samuel A. Beadle, Jr., for a use permit to allow a bath house on property known as 266 E. Campbell Avenue in a P-D (Planned Development/ Commercial) Zoning District (UP 79-4) based on the following: That the establishment, maintenance, and operation of the proposed use (bath house) would be detrimental to the health, safety, peace, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, and be detrimental to property and improvements in the neighborhood and the general welfare of the City because of the following: A. The site does not allow for adequate parking facilities. B. The proposed use would not be compatible with the intended use of the downtown area as a shopping mall. C. The term "adult for family use" for the proposed bath house is not an enforceable term. D. There is no proposed age limit with regard to the use. E. Policing of such a facility without an ordinance regulating bath houses and spas would be very difficult. F. The use of one filtration system for 16 tubs is objectionable. This motion was seconded by Commissioner Dickson and unanimously adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Campos, Pack, Kasolas, Samuelson \ NOES: Commissioners: None ABSENT: Commissioners: Vierhus Mr. Kee then explained the appeal procedure to the applicant and stated that he would be receiving a letter explaining in full detail his right of appeal. Chief Burr mentioned at this time that he would proceed with the ordinance, and planned to present it to the City Council in the near future. Commissioner Pack noted in all fairness to the applicant that her vote in no ways reflects the applicant and what he has in mind for his operation. -13- At this time Commissioner Dickson moved that the Commission recommend to the City Council that an ordinance be adopted for the regulation of bath houses and spas. This motion was seconded by Commissioner Pack and unanimously adopted. *** UP 79-5 This is the time and place for a continued public Raffanti, R. hearing to consider the application of Mr. Robert Raffanti for a use permit and approval of plans to remodel the exterior of a building located on property known as 260 and 266 E. Campbell Avenue in a P-D (Planned Development/Commercial) Zoning District. Mr. Kee reported that the applicant has requested that this item be withdrawn from the agenda; therefore, staff is recommending denial without prejudice. Chairman Samuelson invited anyone in the audience to speak for or against this item. No one wishing to be heard, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. RESOLUTION N0. 1783 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1783 recommending denial without prejudice of the application of Mr. Robert Raffanti for a use permit and approval of plans to remodel the exterior of a building located on property known as 260 and 266 E. Campbell Avenue in a P-D (Planned Development/Commercial) Zoning District, seconded by Commissioner Dickson and adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Campos, Pack, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Vierhus *** UP 79-7 This is the time and place fora public hearing to Gallagher, D. consider the application of Mr. Daniel Gallagher Hill, C. on behalf of Mr. Charles Hill fora use permit to allow an auto showroom and parking lot on properties known as 46 East Campbell Avenue and 37 S. Fourth Street in a P-D (Planned Development/Commercial) Zoning District. Mr. Kee reported that staff had received a request from the applicant on this item asking that it be withdrawn from the agenda, and therefore staff is recommending denial without prejudice. Chairman Samuelson opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to be heard, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. -14- RESOLUTION N0. 1784 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1784 recommending denial without prejudice of the application of Mr. Daniel Gallagher on behalf of Mr. Charles Hill fora use permit to allow an auto showroom and parking lot on properties known as 46 East Campbell Avenue and 37 S. Fourth Street in a P-D (Planned Development/Commercial) Zoning District, seconded by Commissioner Pack and unanimously adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Campos, Pack, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Vierhus *** UP 79-9 This is the time and place for a public hearing to Alvarado, C. consider the request of Mr. Cosme C. Alvarado for a use permit and approval of plans to allow expansion of a coin-op car wash located on property known as 2260 S. Winchester Blvd. in a C-2-S (General Commercial) Zoning District. Mr. Kee reported that a communication had been received on this item and requested the Recording Secretary read the letter into the record. Recording Secretary Wade read into the record a letter dated April 17, 1979, from Ms. Edith Ames of 45 Kennedy Avenue, Campbell, California, opposing the proposed expansion because of noise and traffic problems. A copy of this letter is attached hereto and made a part of this record. Mr. Kee then noted that it is staff's recommendation that this item be continued to the Planning Commission meeting of May 1, 1979, in order that revised plans could be submitted. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this item. Ms. Christine~Zappulla, 63 Kennedy Avenue, read to dated April 17, 1979, expressing opposition to the was signed by Edith Ames, 45 Kennedy Avenue; Heinz Avenue; and herself. A copy of this communication a part of this record. The problems brought up in traffic, litter, and general nuisance to the adjoi~ the Commission a letter proposed expansion, which F. Conrad, 67 Kennedy is attached hereto and made the letter were noise, ping property owners. Mr. Mike McDonald, 56 Sunnyside Avenue, spoke on behalf of Mr. Frank Smith, Ms. Rose Scellene, and himself in regard to the previous problems brought about by the adjoining property owners. He noted that he had to build a fence along the frontage of his property in order to protect his children from speeding cars. Chairman Samuelson inquired of Engineering Manager Helms what could be done about slowing down the speed of vehicles exiting the car wash. -15- Mr. Helms responded that the speeding on public streets would be enforced by the Police Department; however, installation of speed bumps on public streets are illegal by State law. We could, however, require speed bumps on-site as one of the conditions of approval. Ms. Edith Ames appeared before the Commission to state that she had never officially complained before, however this situation has caused excess noise, litter and traffic problems which she felt should be brought to the attention of the Commission. for. Heinz Conrad also appeared to express his objection to the proposed expansion, explaining that it is presently a nuisance. Mr. Kee explained that revised plans had just been received and there had not been an opportunity to route them through the appropriate departments. He stated staff is recommending a continuance to the meeting of May 1. Commissioner Dickson stated that possibly some of these problems could be discussed with the applicant and the plans could be modified to rectify some of the problem areas. No one else wishing to be heard, Commissioner Dickson moved that UP 79-9 be continued to the May 1, 1979, Planning Commission meeting, seconded by Commissioner Meyer and unanimously adopted. *** UP 79-10 This is the time and place for a public hearing Torres, R. to consider the application of Raphael and Thelma S. Torres fora use permit and approval of plans to convert a residence into a sandwich shop on property known as 3265 S. Winchester Blvd.in an Interim Zoning District. Mr. Kee explained that the applicant has proposed to convert a three-bedroom home into a 1,100 square foot deli-sandwich shop; the structure covers approximately 12 percent of the 9,200 square foot lot. He noted that the applicant is providing only 8 parking spaces, which results in a ratio of once space for every 138 square foot of building area; the Zoning Code requires that the applicant provide one parking space for every three seats or one space for every 40 square foot of building area (if a drive-in), since this application involves both sit-down and take-out services, hybrid parking ` ratio would be appropriate.. He further noted that staff is recommending a continuance to the Planning Commission meeting of May 15, 1979, in order that revised plans may be submitted. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning, and the Committee as well as the Architectural Advisor had some concerns regarding parking, on-site circulation, aid as to whether or not this was a suitable use for the property. Commissioner Dickson agreed with Commissioner Kasolas' statements. Commissioner Kasolas reported that the Committee is recommending denial since the applicant had requested a decision of the Planning Commission this evening on this application. -~,...-w..~..,.. ~ ~ ~- - _ . ~-r-~-.~,..... ....R-~.~,.....,,....~~..~.~.,,.,a~....4..,.:.~................,.w., ~..,..,~,,..t.:,..... -16- Commissioner Campos inquired about the street width on Winchester at this location. Engineering Manager Helms reported that it is a two-lane arterial at the present time; however, it is being proposed in this year's budget that it be widened to four lanes. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this item. Ms. Lucy Matsley, 4660 Williams Road, San Jose, appeared before the Commission to represent the applicant. She indicated that she was not able to be present for the Site and Architectural Review Committee meeting; however she had been made aware of several problems with the plans as submitted, namely traffic flow, insufficient parking spaces, highly intensive use, etc. She indicated that there must have been some mis- communication since they would be happy to resubmit revised plans in accord with the recommendations made by staff and the Architectural Advisor. Much discussion ensued regarding the surrounding uses, i.e., Alex's Porsche House, and the neighbor to the right of the property. Ms. Vicki Van, designer of the project, stated that the problems with the existing plans could be worked out and the applicant definitely desired a continuance of this application. Commissioner Kasolas then inquired if the applicant were present to determine if, in fact, a continuance was desired. Mrs. Thelma Torres, applicant, appeared before the Commission to state that she did desire a continuance in order that the problems as mentioned could be worked out. Runore Smith of 3255 Winchester Boulevard, appeared before the Commission to express her concern about the hours of operation. She indicated she would not be objectionable to a closing time of around 10 or 11 p.m., however anything past that might cause a disturbance to the neighborhood. She also expressed the desire of a retaining wall between her property and the applicants. She noted that Alex's Porsche House was to construct a wall, however it had not yet been constructed. Mr. Kee stated that staff is aware of that problem and the property owner has been contacted. No one else wishing to be heard, Commissioner Kasolas moved that UP 79-10 be continued to the May 15, 1979, Planning Commission meeting in order that revised plans could be submitted. This motion was seconded by Commissioner Campos and unanimously adopted. Commissioner Pack noted to the applicant that she had been for conversions in the past, however this site may not lend itself to provide adequate parking and she realized the expense involved in securing workable plans. *** -17- UP 79-11 This is the time and place for a public hearing to King, L. consider the application of Ms. Laura S. King and Foodmaker, Inc. for a use permit and approval of plans to remodel a fast-food restaurant (Jack-in- the-Box) located on property known as 1301 Camden Avenue in a C-2-S (General Commercial) Zoning District. Mr. Kee reported that the applicant has submitted a letter requesting a continuance of this item to the May 1, 1979, Planning Commission meeting. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or ggainst this item. No one wishing to be heard, Commissioner Pack moved that UP 79-11 be continued to the May 1, 1979, Planning Commission meeting, seconded by Commissioner Kasolas and unanimously adopted. *** The Commission took a short break at 11:15 p. m.; the meeting reconvened at 11:30 p.m. PD 79-3 This is the time and place for a public hearing McKee, R. to consider the application of Mr. Robert L. McKee and Corinthian House, Inc., for approval of plans, elevations, and development schedule to allow construction of a senior citizen housing complex on property known as 250 Budd Avenue in a P-D (Planned Development/High Density Residential) Zoning District. Mr. Kee reported that the applicant is proposing to construct a three-story, 104 unit, senior citizen apartment complex; the proposed structure will cover approximately 34% of the 76,000 square foot site. He noted that building materials are indicated as stucco siding with plywood and cedar trim. The structure will have a tar and gravel roof. The site plan indicated that 40 parking spaces will be provided. The resulting parking ratio of one space for every 2.6 units satisfies the requirements of the zoning code. Staff is recommending that a revised site plan be submitted because the parking stall sizes and back-up areas shown do not conform to the City's standards. The applicant is preserving most of the existing mature trees on the site. The site plan indicates that approximately 44% of the total lot area will be landscaping or open space. The development complies with the existing Housing Element of the General Plan. This proposed development is not considered assisted housing and would not be covered by the City's Housing Assistance Plan required by the Department of Housing and Urban Development (HUD). -18- Commissioner Kasolas reported that the applicant's representatives had met with the Site and Architectural Review Committee this morning. He noted that one of the concerns of the Architectural Advisor was the fact that 3-story buildings abutted the property line; one other concern of the Committee was the fact that the proposed housing would be restricted to a specific group. If the age limit were 55 there would be the possibility of many of those people still working, which might present a parking problem. The Committee is requesting that an Environmental Impact Report be submitted on this project, and any action taken by the Commission on this application be deferred until the submittal of an EIR. Chairman Samuelson inquired of Mr. Kee if staff had considered the require- ment of an EIR for this application. Mr. Kee responded that staff felt since there were two previous approvals on this site a Negative Declaration would be sufficient for this application; however, the Commission has the authority to change that. He noted that there would be the same number of units as submitted in the previous applications. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Robert McKee, applicant and president of Corinthian House, gave the Commission background information on Corinthian House, explaining that it has mostly been funded through volunteers operating a thrift store to raise funds for construction. He noted that the original application had been presented back in 1970. He noted that their present plan is to break ground sometime in October; and the application would be going before HUD sometime in June. Commissioner Kasolas expressed concern as to whether occupancy would be limited to only members of the Christian Science faith. Mr. McKee stated that other applications had also been received from the Human Relations Commission and the Handicapped representatives; however, if they could give a preference they would choose the Christian Science applicants. Ms. Katy Crisilian of Novato stated that the HUD regulations require all citizens of the community be given the opportunity to apply for this housing. Commissioner Dickson mentioned that one of the other concerns of the Architectural Advisor was the immensity of the project; another concern was the fact that there are now two other senior citizen housing develop- ments in Campbell (one 200-unit complex, and one 150-unit complex), and would this third be an excessive amount, placing a burden on public facilities (police and fire protection). Commissioner Pack noted that the 200-unit development had not yet come before the Commission, and she wondered if that should enter the picture at this time. Mr. Kee noted that the application had been submitted for the 200-unit complex, however it had not yet come before the Commission. An EIR is being required on that project. -19- Mr. Kee indicated the hardship that the requirement of an EIR would present on the project at this point in time. He noted that there are only 90 days left in which to present working drawings to HUD for funding; and there would be quite a bit of risk involved in the event an EIR would be required. Mr. Charles Tennegatter of Carl Swenson Company indicated that they would work very closely with staff and the Site and Architectural Review Committee to resolve all concerns brought about. He urged the Commission to move for- ward on this item in order that the requirements of HUD could be met in a timely fashion. Commissioner Pack mentioned that a focus EIR might be a possibility. Mr. Kee stated that a focus EIR would cover only concerns brought about at the meetings of this morning and this evening. Again, Chairman Samuelson questioned Mr. Kee as to whether staff felt an EIR would be needed. Mr. Kee stated that it was staff's opinion that a Negative Declaration would be sufficient for this project. After much discussion regarding the requirement of an EIR for this project, Commissioner Dickson moved that: MOTION 1. The Site Plan and concerns of the Architectural Advisor be addressed; and 2. Staff report on the impact of the number of senior housing units in the city be considered. This motion was seconded by Commissioner Pack. AMENDMENT TO MOTION_ Commissioner Kasolas amended the above motion to include the requirement of an Environmental Impact Report. This motion was seconded by Commissioner Dickson.. ROLL CALL VOTE ON AMENDMENT TO MOTION AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Dickson, Kasolas Meyer, Campos, Samuelson Vierhus Pack Commissioner Pack noted that she abstained because of a possible conflict of interest. -20- VOTE ON ORIGINAL MOTION That this item be continued to the May 15, 1979, Planning Commission meeting in order that: 1. The Site Plan and concerns of the Architectural Advisor be addressed; and 2. Staff to present a report on the impact of the number of senior housing units in the city be considered. AYES: Commissioners: Meyer, Dickson, Campos, Pack, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Vierhus At this time Commissioner Pack noted that in all honesty she felt it was appropriate to vote on this item since it was for a continuance. Commissioner Pack inquired of Mr. Kee why an EIR was being required for the Rincon Avenue site (proposed 200-unit senior housing development). Mr. Kee stated that primarily because it was adjacent to a school and park. Mr. McKee stated that his staff would be happy to help the City staff in any way possible to gather any information needed for the next meeting. *** MISCELLANEOUS TS 79-5 Tentative Subdivision Map: Lands of BW Construction. Lands of BW APN 413-44-5, 6, &7. Construction TS 79-6 Tentative Subdivision Map: Lands of Cook, Trostel, Lands of Cook, Trostel, and Texara (Jackson Homes). APN 403-16-2, 61, & 62 & Texara (Jackson Homes) At this time Commissioner Pack moved that TS 79-5 and TS 79-6 be found to be in conformance with the General Plan, and that the Commission recommend to the City Council approval of these maps subject to the conditions listed in the Staff Comment Sheets, seconded by Commissioner Kasolas, and unanimously adopted. *** Referral from Open Space Zoning District the City Council RESOLUTION N0. 1785 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1785 setting May 15, 1979, as the date for a public hearing to consider the category of "Parks" as criteria for application of 0-S zoning, seconded by Commissioner Kasolas, and adopted by the following roll call vote: -21- AYES: Commissioners: Meyer, Dickson, Campos, Pack, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Comunissioners: Vierhus Staff Report San Tomas Task Force Referrals Legislative Bulletin Information Only Commissioner Pack moved that the Planning Commission acknowledge and file the above referenced reports, seconded by Commissioner Kasolas and unani- mously adopted. GP 76-2-C This is the time and place for a continued public Campbell Elem. hearing to consider the future use of the Campbell School Site Elementary School site located on property known as 51 E. Campbell Avenue. GP 79-2 This is the time and place for a continued public City Initiated hearing to consider amendment of the Land Use Element of the General Plan from "Low Density Residential" to "Low-Medium Density Residential" for properties known as 1142, 1154, 1162, 1170, 1180, 1188, 1190 Hazel Avenue; 832, 842, 852, 864, 880 South San Tomas Aquino Road; and 1143, 1155, 1165, 1169, 1177, 1179, 1181, 1183, 1199, and 1207 Smith Avenue. TA 79-2 This is the time and place for a public hearing to Noise Ordinance consider the addition of "Title 9 - Noise" to the Campbell Municipal Code. Chairman Samuelson opened the public hearings on the above items. No one wishing to be heard at this time, Commissioner Pack moved that these three items be continued to the Planning Commission meeting of May 1, 1979, seconded by Commissioner Kasolas, and unanimously adopted. _ ADJOURNMENT It was moved by Commissioner Meyer, seconded by Commissioner Dickson and unanimously adopted that the meeting be adjourned. The meeting was adjourned at 12:35 p.m. APPROVED: ATTEST: Arthur A. Kee, Secretary RECORDED: Jeannine A. Wade, Recorder Carl E. Samuelson, Chairman -._ .~ _,. ~-,.,:,...-..-.»-. n--' -rc-~x+s^^:,^~^~-~.: 1°!~c":•A^7n;!"..`...~m.rnn~s+n!a.?•;+ww.r~++r~n,; :nv*~s a~*~ ..... ....