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PC Min 03/20/1979PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES MARCH 20, 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, Vierhus, Kasolas (7:47), 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 None APPROVAL OF MINUTES Commissioner Pack moved that the minutes of the regular meeting of March 6, 1979, be approved as submitted, seconded by Commissioner Meyer, and unanimously adopted. COMMUNICATIONS Mr. Kee noted that the letter from Pat Manley, 312 Carlyn Avenue, Campbell, dated February 24, 1979, expressed concerns about the litter problem in the area due to fast-food restaurants. He reported that staff would contact the restaurant, and further advise the Police Department of the concern in this area. Mr. Kee further noted that other communications received relate specifically to 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 Zone. Mr. Kee reported that staff is recommending continuance of this application to the April 3, 1979, Planning Commission meeting in order that it could be referred to the San Tomas Task Force. Commissioner Pack inquired if the applicant was in agreement to this continuance. -2- Commissioner Kasolas entered the Council Chambers at 7:47 p. m. Mr. Mark Heath appeared before the Commission to express his concern about the 60-day time limit on this application, and the fact that he would like to see this project move along as quickly as possible. Mr. Kee explained that the 60-day time period would have ended on March 18, 1979; however, since an interim zoning had been effected for this area, the time limit would be extended. City Attorney Dempster explained that since the interim zoning had been placed on this area, the application would be exempt from the 60-day expiration time, and the time limit would be extended to approximately 6 months. Commissioner Pack stated she felt since this application had been submitted before the formation of the Task Force, the Commission should take a vote on it this evening. She felt a continuance would be placing an undue burden on the applicant. Mr. Kee noted that this item is on the Task Force agenda for its meeting of tomorrow evening. Chairman Samuelson inquired of Mr. Heath if he would be in agreement to a continuance to April 3, 1979. Mr. Heath agreed to a continuance. Commissioner Campos moved that S 79-4 be continued to the Planning Commission meeting of April 3, 1979, in order that it could be reviewed by the San Tomas Task Force, seconded by Commissioner Kasolas and unanimously adopted. S 79-6 Continued application of Mr. William F. Jury Jury, W. and Dell Associates II for approval of plans to construct an office-warehouse building on property known as 511 Division Street in a CM:B-80 (Controlled Manufacturing) Zoning District. Commissioner Vierhus reported that the Site and Architectural Review Committee had reviewed this item, and the revised plans submitted resolved previous con- cerns of the Architectural Advisor. Therefore, the Committee is recommending approval subject to the conditions listed in the Staff Comment Sheet. Commissioner Vierhus moved that S 79-6 be approved subject to the following conditions, seconded by Commissioner Dickson, 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- 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 or parking areas prior to final Building Department clearance. 6. Applicant to submit a letter, satisfactory to the City Attorney limiting the use of the property to 5,660 square feet of office use, no square feet of speculative industrial use, and 11,600 square feet of warehouse use. 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. 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 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 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. Openings not permitted 0-5' of property line. Table 5A. FIRE DEPARTMENT I. Provide an automatic fire extinguishing system. J. Provide "2A-IOBC" fire extinguishers. - 4- PUBLIC WORKS K. Provide a grading and drainage plan for the approval of the City Engineer. L. Obtain an excavation permit to relocate driveway approach. The applicant is notified that he/she shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this develop- ment and are not herein specified. S 79-10 Application of Mr. Ronald A. Woolworth and Woolworth, R. A & R Leasing for approval of plans to allow construction of Phase III of an industrial development located on property known as 740 Camden Avenue in an M-2-S (Heavy Industrial) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning, and he is in agreement to the conditions listed in the Staff Comment Sheet. The Committee is recommending approval of this application. Commissioner Dickson inquired of Engineering Manager Helms if the applicant had fulfilled the requirements of the Public Works Department. Mr. Helms responded that the applicant will be constructing a water main along the frontage of his property. Commissioner Kasolas moved that S 79-10 be approved subject to the following conditions, seconded by Commissioner Pack 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. Landscaping and fencing shall be maintained in accordance with the approved plan. 4. Applicant to either (1) post a faithful performance bond in the amount of $3,000 to insure landscaping, fencing, and striping of parking areas within three months of completion of construction, or (2) file written agreement to complete landscaping, fencing and striping of parking areas prior to final Building Department clearance. 5. Applicant to submit a letter, satisfactory to the City Attorney limiting the use of the property to: 5,120 square feet of warehouse use, 1,380 s.f. of office use, and 560 s.f. of speculative industrial use. 6. All mechanical equipment located on roofs to be screened as approved by the Planning Director. 7. Elimination of outdoor storage east of existing buildings, prior to issuance of building permit. 8. Relocation of two parking spaces as indicated in red. 9. Applicant to remove existing 1,344 square foot building prior to issuance of building permit. -5- 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 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 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 requirements for the handicapped. BUILDING DEPARTMENT H. Roof covering flat section) not shown, shall be fire retardant. (Sect. 1603(a) 3203(e) FIRE DEPARTMENT I. Obtain a permit to remove the underground fuel tanks. J. Provide "2A-IOBC" 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. SA 79-17 Appeal of Mr. Robert H. Millavec of a decision Millavec, R. of the Planning Director which required the removal of a sign visible from San Tomas Expressway located on property known as 655 W. Hamilton Avenue in a P-D (Planned Development/ Commercial) Zoning District. -6- Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning; he is appealing the decision of the Planning Director requiring the removal of an expressway-oriented sign which was changed from "Ernie's Liquors" to "Wines - Liquors" without a permit. Commissioner Kasolas further reported that the Committee is in agreement with the staff recommendation of denial since the sign would be inconsistent with the Sign Ordinance and Council policy which provides that expressway-oriented signs shall be for identification purposes only. Commissioner Kasolas noted that the two signs for the location had been approved subject to the removal of the expressway-oriented sign. Mr. Robert Millavec, applicant, appeared before the Commission to state that he felt this was not, in fact, a expressway-oriented sign since one had to be within 1,000 feet from the intersection of San Tomas and Hamilton in order for it to be visible; he felt the sign was oriented toward Hamilton Avenue. Commissioner Dickson moved that the Planning Commission uphold the recommendation of the Planning Director to deny this expressway-oriented sian since it is not consistent with the Sign Ordinance or Council policy regarding expressway-oriented signs, seconded by Commissioner Meyer and unanimously adopted. Mr. Kee noted to the applicant at this time that a recommendation from the Planning Commission would be forwarded to the City Council, and he would have the opportunity to express his views to the Council if he wished. *** PUBLIC HEARINGS UP 79-4 This is the time and place fora public hearing Beadle, S. to consider the application of Mr. Samuel A. Beadle, Jr., fora use permit to allow a bath house on property known as 266 E. Campbell Avenue in a P-D (Planned Development/Commercial) Zoning District. Commissioner Kasolas stated that the Site and Architectural Review Committee is recommending a continuance of UP 79-5 (the next item on the agenda, which adjoins this property) since there was an inconsistency on the plans which needed to be resolved before making a determination. Mr. Kee stated that staff has a revised recommendation, which would be for a continuance to the April 3 meeting, in order that the Commission could review a set of plans for this building as well as the use. Commissioner Pack stated that a bath house is not listed as one of the uses in a Commercial District. Mr. Kee responded that as long as the commercial use is not more intense than the previous commercial use (Billiard Center) the Code provides that the Commission can make that determination and grant a permit on that basis. He stated that staff is of the opinion that the proposed use will be no more intense than the former Billiard Center. -7- Mr. Kee read into the record a memo from Police Chief Burr, dated March 15, 1979, stating his objections to this type of use in the area. A copy of this memo is attached hereto and made a part of this record. Commissioner Campos felt clarification was needed as to the Chief's statement that it would be impossible to police the rooms. Mr. Kee stated that the Commission could invite the Chief to the next Planning Commission meeting to answer any questions they might have. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this application. Mr. Sam Beadle, 6511 Skyfarm, San Jose, appeared before the Commission to state that he would be the proprietor of the bath house. He stated that this would not be a substandard facility; there have been other bath houses approved in other nearby cities, such as Mountain View, San Francisco, and Berkeley. He explained that they proposed redwood hot tubs in private rooms for the private use of individuals. He stated he would like to know what kinds of involvement police departments have had with these types of facilities. Chairman Samuelson noted to the applicant that this was the first of this type of application to come before the Commission. Commissioner Vierhus moved that UP 79-4 be continued to the April 3 Planning Commission meeting in order that a request be sent to the Police Chief inviting him to attend the meeting in order to answer some of the Commission's questions, and that staff could attempt to get correspondence from other cities regarding this subject. This motion was seconded by Commissioner Pack and unanimously adopted. UP 79-5 This is the time and place for a public hearing Raffanti, R. 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. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning and it was the consensus that this item be continued to the next meeting in order that revised plans could be submitted, which would reflect rear elevations for both buildings (UP 79-4 as well). 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 Kasolas moved that UP 79-5 be continued to the April 3, 1979, meeting, seconded by Commissioner Campos and unanimously adopted. -8- The Commission took a break at 8:50 p. m.; the meeting reconvened at 9:05 p.m. *** PD 79-1 This is the time and place for a public hearing Pinn, A. to consider the application of Mr. Alan R. Pinn for approval of plans, elevations, and develop- ment schedule to allow construction of a mini- warehouse facility on property known as 241 W. Sunnyoaks Avenue. This property is presently zoned C-2-S (General Commercial) but is being considered for change to P-D (Planned Development/ Industrial). Mr. Kee reported that staff is recommending that this item be continued to the May 15, 1979, Planning Commission meeting in order that the application could be referred to the San Tomas Task Force. He further noted that the change of zoning from Commercial to P-D would also be considered at the May 15 meeting. Commissioner Kasolas reported that the applicant and his traffic consultant, Rene Martinez, met with the Site and Architectural Review Committee this morning. There were some problems with sight distance and parking, therefore revised plans will need to be submitted. The applicant was in agreement to this. The Committee is recommending a continuance of this application to the May 15 Planning Commission meeting. Mr. Kee stated that the plans are being referred to the Task Force for overall use of the project and how it fits into the total area. Commissioner Pack expressed her concern about the Task Force having to review the plans for this application; she felt there should be certain areas of determina- tion for the Task Force, separate of the Planning Commission and zoning or open space would be areas of concern, however the plans should not have to be reviewed by the Task Force. Mr. Kee stated that staff did not feel the plans needed to be reviewed by the Task Force, but every item in that area thus far has been referred to them. Commissioner Campos expressed his concern about the lack of clarification as far as the Task Force is concerned. He felt a continuance was in order until clarification is given on this. Chairman Samuelson stated he felt the Council should give the Commission some clarification on this subject. Mr. Kee agreed, stating that the Task Force is being tied down with plans rather than issues. Commissioner Vierhus felt the Committee was referring this to the Task Force in order for the Task Force to determine the desirability of a use such as this in the area. - 9- Commissioner Pack inquired why a formal EIR had not been required on this application. Mr. Kee responded that it was felt that it was not that significant. Staff has worked with the developer to come up with the least intensive use for this site. He noted that somewhere along the line the City will have to make a determination to either acquire the property, or permit some type of development at this location. Commissioner Pack felt that an EIR could answer many questions regarding this site, and give the residents an opportunity to appear at a public hearing. Mr. Kee stated that a concern of the past had been traffic and the proposed applicant has submitted information relative to that. The applicants in the past had not been required to submit an EIR, and the proposed use is less incense than those submitted on previous applications. City Attorney Dempster stated that the City should not be putting the applicant through too many exercises; he felt the property is not so unique that it is not developable. Mr. Kee read into the record a letter dated March 14, 1979, received from Miss Jacquie Marumoto of 12718 Carlsbad Court, Herndon, VA 22070, opposing this project. A copy of the letter is attached hereto and made a part of these minutes. Commissioner Dickson felt a response was in order. Mr. Kee noted staff would respond to the letter. Commissioner Dickson then moved that the Planning Commission make the determination that it concurs with staff's having filed a Negative Declaration on this project. This motion was seconded by Commissioner Kasolas and unanimously adopted. Chairman Samuelson declared the public hearing open and invited anyone in the audience to speak for or against this project. The resident of 936 Old Orchard Road spoke against the mini-storage use of this property. She felt there were too many traffic problems existing in the area and this .use would be an eyesore. She felt it should be an open space area. No one else wishing to speak, Commissioner Kasolas moved that PD 79-1 be continued to the Planning Commission meeting of May 15, 1979, in order that revised plans could be submitted and that this item be referred to the San Tomas Task Force, seconded by Commissioner Meyer, and unanimously adopted. *** GP 79-2 This is the time and place for a public hearing City of Campbell 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. -10- Mr. Kee stated that this item was continued from the Planning Commission meeting of January 16 in order that it could be referred to the San Tomas Task Force; however, since the Task Force has not had the opportunity to review this matter as yet, staff is recommending further continuance to the April 17, 1979, meeting. Commissioner Dickson moved that GP 79-2 be continued to the April 17 Planning Commission meeting, seconded by Commissioner Meyer and unani- mously adopted. TA 79-1 This is the time and place for a continued PD Ordinance public hearing to consider a City-initiated text amendment to Chapter 21.06, entitled Planned Development District, of the Campbell Municipal Code. Commissioner Dickson reported that a Committee had been formed to study the PD Ordinance, and as a result it is being recommended that the ordinance be amended to provide that an applicant must submit development plans at the time a change of zoning to P-D is requested. He noted that in following this procedure an applicant would have to go through a public hearing only once, rather than twice. Commissioner Pack inquired of Mr. Kee if there would be a problem with the wording "...plans...must clearly demonstrate that the proposed use(s) ... will clearly result in a more desirable environment and use of land ..." Mr. Kee responded that the ordinance had previously called for this and the Commission had the responsibility on each proposal to come to a conclusion. Commissioner Vierhus felt that the wording is too vague. Commissioner Kasolas felt that a City-initiated zone change to P-D should not be an exception to the stated ordinance; the City should have to meet any requirements imposed upon a developer. Commissioner Pack inquired of Mr. Kee if having to present plans at the time of a zone change would have any impact on the developer's being able to obtain financing. Mr. Kee stated that usually at the time financial arrangements are made a lending company will want to look over some type of plan before approval of a loan. Chairman Samuelson invited anyone in the audience to speak for or against this item. No one wishing to be heard, Commissioner Vierhus moved that the public hearing be closed, seconded by Commissioner Dickson and unanimously adopted. -11- RESOLUTION N0. 1776 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 1776 recommending that the City Council adopt the proposed text amend- ment to Chapter 21.06, entitled Planned Development District, of the Campbell Municipal Code (TA 79-1), seconded by Commissioner Pack, and adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Campos, Pack NOES: Commissioners: Vierhus, Kasolas, Samuelson ABSENT: Commissioners: None MISCELLANEOUS San Tomas Task Force Referrals Chairman Samuelson suggested that after discussion this evening regarding items referred to the Task Force, the Commission may want to ask the City Council for direction on which items should be specifically referred to the Task Force. Mr. Kee recommended, from the discussion ensued this evening, that the Commission may want to consider forwarding a recommendation to the City Council that on items that are in accord with the current General Plan and not considered major applications that they not be referred to the Task Force since the Task Force .has not been able to get to broad areas of study that they should be considering. Commissioner Campos mentioned that the Task Force will probably only be in existence until June, and it was his understanding that everything would be in limbo until the Task Force had a chance to study the whole area. Mr. Kee stated that in the interim the Zoning Ordinance provides that the applicant could apply through the use permit procedure for development of his property which would call fora public hearing before the Planning Commission. Commissioner Dickson moved that the Planning Commission direct a memo to the City Council expressing its concern on the number of applications in this interim zone and desiring some guidelines in order that some applications could proceed. This motion was seconded by Commissioner Vierhus and unanimously adopted. Staff Report Noise Ordinance Mr. Kee reported that the Noise Ordinance had been prepared as a tool to implement the Noise Element of the General Plan. -12- Commissioner Dickson had a question regarding Section 9.096, Page 9, regarding "stipulated by law." Mr. Kee responded that staff would get back to him directly on that. Commissioner Vierhus moved that the Planning Commission refer the draft Noise Ordinance to the Park and Recreation Commission, Civic Improvement Commission, Youth Advisory Commission, Police Department, Public Works Department, and Building Department. This motion was seconded by Commissioner Kasolas and unanimously adopted. RESOLUTION N0. 1777 Commissioner Vierhus moved that the Planning Commission adopt Resolution No. 1777 setting April 17, 1979, as the date fora public hearing to consider adoption of the Noise Ordinance, seconded by Commissioner Kasolas and adopted by the following roll call vote: AYES: Commissioners: Meyer, Dickson, Campos, Pack, Vierhus, Kasolas, Samuelson NOES: Commissioners: None ABSENT: Commissioners: None Referral from Referral from the City Council to consider City Council criteria for Open Space zoning. Mr, Kee reported that as a result of the study session held on March 8, 1979, staff is recommending that three categories be considered, and if the Commission is in agreement, this recommendation be forwarded to the City Council. The three categories would be: 1. Parks. 2. School sites with park facilities. 3. Churches, private land with open space, and also other school sites. Mr. Kee noted that these categories were derived from the open space inventory. Commissioner Vierhus moved that the Planning Commission recommend to the City Council that the following three categories be considered as criteria for the application of 0-S zoning: 1. Parks. 2. School site with park facilities. 3. Churches, private land with open space, and also other school sites. This motion was seconded by Commissioner Meyer and unanimously adopted. -13- ITEMS BROUGHT UP BY COMMISSIONERS Commissioner Vierhus announced that he would be out of town and would not be attending the Planning Commission meetings of April 3, April 17, and May 1. He asked that someone sit in on the Site and Architectural Review Committee meetings on those dates. Commissioners Campos, Dickson and Meyer each volun- teered to take one meeting. an.iniiQtiM~niT It was moved by Commissioner Meyer, seconded by Commissioner Dickson, and unanimously adopted that the meeting be adjourned. The meeting was adjourned at 10:34 p. m. APPROVED: ATTEST: RECORDED: Arthur A. Kee, Secretary Jeannine Wade, Recorder Carl E. Samuelson, Chairman