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PC Min 04/03/1979PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES APRIL 3, 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 (7:42), Chairman Samuelson; Secretary Arthur A. Kee, Planner II Richard Schneider, Engineering Manager Bill Helms, City Attorney J. Robert Dempster (7:40), Recording Secretary Jeannine Wade. Absent Commissioner Vierhus APPROVAL OF MINUTES Commissioner Pack noted that on Page 2, paragraph 8, of the minutes of March 20, she recollected that Mr. Heath had agreed to a continuance, however he felt it did place a burden on him and hoped this application would be moved ahead as quickly as possible. COMMUPJICATIONS She then noted that on Page 10, paragraph 6, under TA 79-1, she had just wanted a confirmation of her statement. Commissioner Pack then moved that the minutes of the regular meeting of March 20, 1979, be approved as corrected, seconded by Commissioner Dickson and unanimously adopted. Mr. Kee reported that communications received relate to specific items on the agenda and would be considered at the time the item is discussed. ARCHITECTURAL APPROVALS S 79-4 Continued application of Mr. Paul S. Heath for Heath, P. approval of plans to construct three residential units on the rear of property known as 1177 Smith Avenue in an Interim Zoning District. Mr. Kee reported that staff is recommending approval of this application subject to the conditions listed on the sheets that were handed out to the Commission this evening. He noted that there was a question about an easement required, but the concerns had been resolved by Condition No. 7 of the Conditions of Approval. -2- Commissioner Kasolas entered the Council Chambers at 7:42 p.m. Commissioner Dickson, having sat in on the Site and Architectural Review Committee meeting in Commissioner Vierhus' absence, posed a question to the City Attorney re- garding the current General Plan status of this parcel, and if it would be appro- priate for the Commission to make a decision on this application. Mr. Kee gave some background on the parcel, noting that the current General Plan indicates Low Density Residential and the previous zoning was R-M. The Task Force is considering a referral from the Planning Commission regarding changing the General Plan back to Low-Medium Density Residential. City Attorney Dempster stated that in his opinion the Commission could go ahead and make a determination on this item since the zoning maps showed R-M when the application was filed. Commissioner Kasolas reported that the Site and Architectural Review Committee had met with the applicant this morning, and there were some concerns with putting new units in back of an existing residence, and with the use of a long narrow driveway. He felt this could be a problem and thought that perhaps the Task Force might have looked at this. Commissioner Dickson stated he felt the site layout was good; he stated the long driveway also serves the lot next door. He found no problems with approval of this application. Commissioner Campos reported that when this item was before the Task Force, the primary concern was with the streets in the area and the fact that additional residences create traffic problems. Chairman Samuelson inquired of Engineering Manager Bill Helms if he had any comments on the streets or traffic in this area; or if there were an.y plans for improvements. Mr. Helms responded that there were no plans in the immediate future to pursue street improvements in the area; however, it is an area the City is very much interested in. He felt the Council might be directing staff to put something together in the near future for this area, but there is nothing specific planned at the present time. Commissioner Dickson moved that S 79-4 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 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. -3- 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. 7. Applicant to provide evidence of cross-easements with property to the west. 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 an on-site fire hydrant system. J. Provide 2A-IOBC fire extinguishers. K. No parking along 20' driveway. -4- PUBLIC WORKS DEPARTMENT L. Pay storm drainage area fee of $226. M. Dedicate right of way to 30-foot half-street on Smith Avenue. N. Enter into an agreement and post surety to construct street improvements or participate in a Local Improvement District. 0. Obtain an excavation permit for any 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. PUBLIC HEARINGS UP 79-4 This is the time and place for a 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 staff is recommending continuance of this item since revised plans had not been submitted. He further noted that the Police Depart- ment had been notified that staff was recommending a continuance to the April 17, 1979, meeting and they planned to have a representative present at that time. Chairman Samuelson invited anyone in the audience to speak for or against this project. Mr. Samuel Beadle, applicant, appeared before the Commission to state that it would be his preference for the Commission to consider architectural aspects, and the bath house use separately. He stated that after having been given a copy of the Police Chief's memo of concern, he called the Cities of San Francisco, Berkeley and Mountain View. He stated that San Francisco had no problems with their facilities; most of them were family-type bath houses. He indicated that Berkeley does not have an ordinance covering hot tub uses; however, they did use the use permit procedure of approval. Thus far there is only one in Berkeley which has been in operation for only four months. He stated that Mountain View has an ordinance covering bath houses, and one has recently been opened there. He summarized his research by saying that nothing negative had turned up in talking with these cities. Mr. Kee reported that staff had contacted the City of Palo Alto regarding their recent application for a bath house, and through the use permit procedure the staff and Commission had recommended approval. The Council is still con- sidering the application. At this time Palo Alto does not have an ordinance specifically dealing with bath houses. Commissioner Dickson stated that he would like to see some written comments from other agencies regarding the bath house use, rather than just oral testimony. He also stated that he was not in favor of looking at this applica- tion without the plans being presented, because the Commission must make a determination regarding safety and public welfare. -5- Commissioner Kasolas concurred with Commissioner Dickson's statements. Commissioner Pack also concurred with Commissioner Dickson's comments, and thanked Mr. Beadle for the research presented. Commissioner Kasolas requested that the Planning Director present input as to a standard to use in determining that the proposed use would not be any more intense than a billiard parlor, especially since the hours would be extended in the downtown area and the possibility of more parking needed. Mr. Kee stated staff could report back on that. Commissioner Dickson inquired if it would be possible to obtain copies of the minutes of the meetings held in Palo Alto regarding its application for a bath house. Mr. Kee reported that staff would attempt to obtain that information. Commissioner Pack then moved that UP 79-4 be continued to the Planning Commission meeting of April 17, 1979, in order that revised plans could be submitted and additional information obtained regarding bath houses, seconded by Commissioner Dickson 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 fora 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 staff is recommending a continuance of this item to the April 17 meeting since revised plans had not been received to date. Commissioner Dickson moved that UP 79-5 be continued to the April 17, 1979, Planning Commission meeting, seconded by Commissioner Meyer, and unanimously adopted. UP 79-6 This is the time and place fora public hearing to McMurdie, V. consider the application of Messrs. Val C. McMurdie Lasley, P. and Paul W. Lasley fora use permit and approval of plans to allow construction of 23 condominium units on property known as 440 and 480 W. Hacienda Avenue in an Interim Zoning District, previously R-M (Low-Medium Density) Zoning. -6- Mr. Kee reported that the application is for 23 two-story condominium units on an 81,200 square foot parcel (approximately 1.8 acres); the proposed structures will cover approximately 33 percent of the lot and building materials are indicated as stucco siding with wood trim and Spanish the roofing. He noted that the applicant is providing 58 parking spaces (46 covered) for this development which consists of 17 three-bedroom units and 6 two-bedroom units. The resultant ratio of 2-1/2 spaces per unit satisfies the requirements of the new parking ordinance. The density is approximately 13 units per acre. The site plan indicates approximately 39 percent of the lot will be landscaped. The Architectural Advisor is of the opinion that the design of the project is acceptable. Mr. Kee noted that at its meeting of March 7, 1979, the San Tomas Task Force took action to request that only applications which may have a "significant impact on the area" be referred to them for recommendation. Mr. Kee further noted that in the staff's opinion this project should be referred to the Task Force for review and recommendation. Commissioner Kasolas reported that the applicant met with the Site and Architectural Review Committee this morning. The Committee is recommending approval of this application, and that it not be referred to the Task Force since it would have only a minimal impact on this area. Commissioner Campos stated he felt it was too soon to be able to tell if the proposed development would have a "minimal" impact on the area; he felt a development such as the one proposed would create traffic problems. Chairman Samuelson inquired of Mr. Kee if this item could be considered at tomorrow evening's Task Force Committee meeting. Mr. Kee stated that there is a full agenda for tomorrow evening's meeting, however it would be up to the Committee to decide whether or not they would consider it. Commissioner Dickson stated that this area is right on the borderline of the Interim Zone area and he felt that this would not have an impact on the area. Commissioner Pack agreed with Commissioner Dickson. She stated it was her feeling that too many items were being referred to the Task Force. Commissioner Campos felt further clarification was needed from the Council as to what should or should not be referred to the Task Force. Commissioner Dickson stated that the Commission could either approve the application or forward it to the Task Force, or it could be approved subject to the condition that it be referred to the Task Force. He stated he felt this application shows a project at maximum density with very good design; there is a lot of open space, they have tried to save as many trees as possible, and it has good circulation with the traffic oriented primarily toward Walnut rather than Hacienda Avenue. -7- Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this project. Mr. Val McMurdie, applicant, appeared before the Commission to state that most of their discussion covered the points he would have brought up. He stated that the density across the street from this development is very high; it would seem inappropriate for single-family homes to be constructed along Hacienda. He noted that this is a high quality project, the landscaping is extensive, and overall it fits in well with the existing use of the area. He noted that any delays in approval would ultimately cost the consumer much more for these units. Commissioner Meyer inquired about how many trees might be saved. She was especially concerned with the fir trees in front of the project. Mr. Warren Jacobsen, architect for the project, stated he did not have an exact count but they would save any that would not be taken for street improve- ments. Commissioner Campos inquired about the increase of cost per unit if there were a 30-day delay on approval time. Mr. McMurdie responded that the cost per unit would be from $200 to $300. Esther Garcia, Chairman of the San Tomas Task Force, appeared before the Commission to urge them to refer this application for Task Force consideration. She felt the amount of traffic generated by this development would have a significant impact on the area. She felt 23 units was a sizeable project, and the Task Force should have an opportunity to review this. Commissioner Dickson inquired of Mrs. Garcia if this could be placed on tomorrow evening's Task Force agenda should the Commission decide to refer this application to them. Mrs. Garcia explained that they had a full agenda for tomorrow evening's meeting; however they could consider it at their next meeting. Commissioner Pack thanked Mrs. Garcia for appearing before the Commission. Mr. Paul Lasley, applicant, appeared to state that they have tried to orient the traffic more toward Winchester Blvd., away from the San Tomas area. Commissioner Campos felt that there would still be some traffic generated toward the San Tomas area. No one else wishing to be heard, Commissioner Kasolas moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. Commissioner Dickson felt that this project was the ultimate for the site, and that this application could be recommended for Council approval and forwarded to the Task Force for information only. -8- Commissioner Kasolas also felt that since this project is on the boundary of the San Tomas area that the Commission should approve it. Commissioner Campos felt that this should be referred to the Task Force. Commissioner Pack felt that the Commission should make a determination on this item and forward it to the Task Force as a matter of record. Motion At this time Commissioner Dickson moved that the Commission find that this application, UP 79-6, would have a minimal impact on the area. This motion was seconded by Commissioner Kasolas. Discussion of Motion Much discussion ensued regarding the definition of "minimal impact". Commissioner Dickson suggested that the motion be based on the fact that a lesser density could not be supported, the project has good circulation patterns, good open space, and it is on the borderline of the Interim Zoning area. Commissioner Kasolas felt that this needn't be a part of the motion. Vote on Motion Commissioner Dickson restated his motion that the Commission find that UP 79-6 would have a minimal impact on the San Tomas area, seconded by Commissioner Kasolas, and adopted with Commissioner Campos voting "no." RESOLUTION NO. 1778 Commissioner Dickson moved that on the basis that UP 79-6 would have only a minimal impact on the area, that the Planning Commission adopt a resolution approving a use permit and plans to allow construction of 23 condominium units on property known as 440 and 480 W. Hacienda Avenue in an Interim Zoning District, previously R-M Low-Medium Density Zoning, subject to the conditions listed in the Staff Comment Sheet, and that a copy of this approval be forwarded to the San Tomas Task Force for their information, seconded by Commissioner Pack, and adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Campos, Pack, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Vierhus Commissioner Campos stated that the only issue he had was the fact that this application should have been referred to the San Tomas Task Force since he felt it has a significant impact; however, he felt the density was all right. *** -9- The Commission took a break at 9:15 p. m.; the meeting reconvened at 9:30 p.m. *** UP 79-7 This is the time and place for a public hearing to Gallagher, D. consider the application of Mr. Daniel Gallagher Hill, C. on behalf on Mr. Charles Hill for a use permit to allow an auto showroom and parking lot on properties known as 46 E. Campbell Avenue and 37 S. Fourth Street in a P-D (Planned Development/Commercial) Zoning District. Mr. Kee reported that the applicant has requested a continuance of this item to the next regular meeting of the Planning Commission since he was not able to be here this evening. 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 UP 79-7 be continued to the Planning Commission meeting of April 17, 1979, seconded by Commissioner Campos and unanimously adopted. UP 79-8 This is the time and place for public hearing to Schwoob, T. consider the application of Mr. Thomas Schwoob for a use permit to allow construction of eight new single-family homes on property known as 1115 Harriet Avenue in an Interim Zoning District. Mr. Kee reported that the applicant is requesting approval of a use permit for the construction of eight single-family homes; the tentative subdivision map for this development was approved by the Council on June 26, 1978, when this area was zoned R-l, however since the applicant did not secure building permits for this development prior to establishment of the Interim Zoning the use permit procedure is required. He further reported that the San Tomas Task Force took action to recommend approval of the proposed development at its meeting of March 21, 1979. Staff is recommending approval of this development. Commissioner Kasolas stated that the Site and Architectural Review Committee had not reviewed this application. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this item. No one wishing to be heard, Commissioner Dickson moved that the public hearing be closed. RESOLUTION N0. 1779 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1779 recammending approval of a use permit to allow construction of eight new single-family homes on property known as 1115 Harriet Avenue in an Interim Zoning District, seconded by Commissioner Pack and adopted by the following roll call vote: -10- AYES: Commissioners: Meyer, Dickson, Campos, Pack, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Vierhus PD 79-2 This is the time and place fora public hearing Kunkel, E. to consider the application of Mr. Eldred Kunkel for approval of plans, elevations, and development schedule to allow construction of 22 townhomes on property known as 425 W. Rincon Avenue in a P-D (Planned Development/Low-Medium Density Residential) Zoning District. Commissioner Kasolas stated that he will be abstaining on this item because of a possible conflict of interest. Commissioner Dickson reported that the applicant had met with the Site and Architectural Review Committee this morning; the Architectural Advisor had some concerns, however they will be taken care of by Condition No. 1 of the Conditions of Approval listed in the Staff Comment Sheet. Mr. Kee reported that staff had originally recommended a continuance of this item in order that revised elevations could be submitted, however since Condition No. 1 of the Conditions of Approval also allow for this, staff is recommending approval. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this application. No one wishing to be heard, Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Meyer, and unanimously adopted. RESOLUTION N0. 1780 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1780 recommending approval of plans, elevations, and development schedule to allow construction of 22 townhomes on property known as 425 W. Rincon Avenue in a P-D (Planned Development/Low-Medium Density Residential) Zoning District, seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Campos, Pack, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Vierhus ABSTAIN: Commissioners: Kasolas *** Commissioner Pack mentioned at this time that the traffic on Rincon Avenue was becoming a problem. She inquired about traffic controls for the area. Engineering Manager Helms stated that the city periodically monitors the intersection of Winchester and Rincon, however that intersection has not warranted signalization up to this point. *** -11- MISCELLANEOUS Staff Report Status Report on Housing Element Revisions Necessitated by Revised State Law. Mr. Kee introduced Mr. Thom McCue, Housing Coordinator, who presented the report to the Commission. Mr. McCue explained that at this time staff is recommending approval of the work schedule to put together the Housing Element, as listed in the memo to the Commission. Mr. Kee noted that it is State law that cities revise the Housing Element. Commissioner Pack moved that the Commission approve the work schedule for the Housing Element revision, seconded by Commissioner Meyer and unanimously adopted. A copy of this schedule is attached hereto and made a part of these minutes. ITEMS BROUGHT UP BY COMMISSIONERS RESOLUTION N0. 1781 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1781 commending Bruce R. Powell, Senior Planner, for serving the Planning Commission during his eight years of service to the City of Campbell, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Campos, Pack, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: Vierhus *** Commissioner Dickson mentioned that he had been awaiting a report on the status of lighting at the Taco Charley Restaurant on San Tomas Aquino Road. Mr. Helms assured Commissioner Dickson that he would check into that. ADJOURNMENT It was moved by Commissioner Dickson, seconded by Commissioner Meyer and unanimously adopted that the meeting be adjourned. The meeting was adjourned at 10:02 p.m. APPROVED: Carl E. Samuelson, Chairman ATTEST: Arthur A. Kee, Secretary RECORDED: Jeannine Wade, Recorder