PC Min 01/16/1979PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
TUESDAY, 7:30 P.M. MINUTES JANUARY 16, 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 Commissioners: Campos, Meyer, Dickson (8:20),
Pack, Vierhus (8:00), Kasolas, Chairman Samuelson;
Present 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 noted
minutes of January 2, 1
the statement regarding
be specifically related
adjacent to residential
on all developments.
that on page 10 of the
X79, she wished to clarify
permanent type fencing to
to commercial developments
neighborhoods, rather than
Commissioner Pack then moved that the minutes of
the regular meeting of January 2, 1979, be approved
as amended, seconded by Commissioner Meyer and
unanimously adopted.
COMMUNICATIONS
Mr. Kee reported that the announcement regarding the 1979 League of California
Cities Planning Commissioners' Institute has been handed out to each Commissioner,
and if the Commission desired to attend said institute, they should contact the
Planning Department for details.
He futher noted that other communications received relate to specific items on
the agenda and would be considered at the time the item was discussed.
ARCHITECTURAL APPROVALS
Chairman Samuelson reported that Commissioner Dickson had indicated that he
would be a little late this evening, and had requested that Item No. 1 be post-
poned until he arrived in order that he could state his input regarding the
application. It was the consensus of the Commission to move on to Item No. 2.
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S 79-1 Application of Mr. Larry J. Angel and Vali
Angel, L. Associates for approval of plans to construct
a commercial building on property known as
1777 S. Bascom Avenue in a C-2-S (General
Commercial) Zoning District.
Commissioner Kasolas reported that the applicant had met with the Site and
Architectural Review Committee this morning (Commissioners Vierhus, Dickson,
and himself). The applicant had requested at the meeting that this item be
continued to the Planning Commission meeting of February 6, 1979, in order
that revised plans could be submitted for architectural approval.
It was moved by Commissioner Kasolas, and seconded by Commissioner Pack,
that S 79-1 be continued to the Planning Commission meeting of February 6,
1979• This motion was unanimously adopted.
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S 79-2 Application of Mr. James L. Walker and the Carl
Walker, J. Holvick Company. for approval of plans to allow
construction of an office-warehouse building on
the westerly portion of property known as
428-480 Salmar Avenue in an M-1-S (Light
Industrial) Zoning District.
Commissioner Kasolas reported that the applicant had met with the Site and
Architectural Review Committee this morning, and the Committee is recommending
approval subject to the conditions listed in the Staff Comment Sheet, noting
specifically Conditions Nos. 1 and 9•
Chairman Samuelson inquired as to why the plans would be coming back before
the City Engineer as well as the Planning Director.
Mr. Kee replied that one of the driveways would need to be moved easterly
about 5 feet and this would take care of an access problem. Mr. Kee further
noted that staff is recommending approval and the applicant is agreeable to
the conditions stated in the Staff Comment Sheet.
Commissioner Kasolas moved that S 79'2 be approved subject to the following
conditions:
1. Revised elevations to be approved by the Planning Director upon
recommendation of the Architectural Advisor.
2. Property to be fenced and landscaped as indicated and/or added
in red on plans.
3. Landscaping plan indicating type and size of plant material, and
location of hose bibs or sprinkler system to be submitted for
approval of the Planning Director prior to application for building
permit.
4. Fencing plan indicating location and design details of fencing to
be submitted for approval of Planning Director prior to application
for building permit.
5. Landscaping and fencing shall be maintained in accordance with the
approved plan.
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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. Applicant, to submit a letter, satisfactory to the City Attorney
limiting the use of the property to: 3,204 square feet of office
use, and 18,153 square feet of warehouse use.
8. All mechanical equipment located on roofs to be screened as
approved by the Planning Director.
9. Revised site plan to be approved by the Planning Director and
the City Engineer.
10. Relocate three parking stalls which block doors.
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. Underground utilities to be provided as required by Section 20.16.070
of the Campbell Municipal Code.
C. Plans submitted to the Building Department for plan check shall
indicate clearly the location of all connections for underground
utilities including water, sewer, electric, telephone and television
cables, etc.
D. Sign application to be submitted in accordance with provisions of
the sign ordinance for all signs. No sign to be installed until
application is approved and permit issued by the Building Department.
(Section 21.68.070 of the Campbell Municipal Code.)
E. Ordinance No. 782 of the Campbell Municipal Code stipulates that
any contract for the collection and disposal of refuse, garbage,
wet garbage and rubbish produced within the limits of the City of
Campbell shall be made with Green Valley Disposal Company. This
requirement applies to all single-family dwellings, multiple
apartment units, to all commercial, business, industrial, manu-
facturing, and construction establishments.
F. Trash container(s) of a size and quantity necessary to serve the
development shall be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) shall consist
of a concrete floor surrounded by a solid wall or fence and have
self-closing doors of a size specified by the Fire Department.
All enclosures to be constructed at grade level.
G. Applicant shall comply with all appropriate State and City require-
ments for the handicapped.
FIRE DEPARTMENT
H. Locate trash enclosure on plans.
I. Provide 2A-IOBC fire extinguishers.
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PUBLIC WORKS DEPARTMENT
J. Process and file a parcel map to divide
K. Provide a grading and drainage plan for
Engineer.
L. Obtain an excavation permit to install
M. Relocate easterly driveway to five (5)
N. If segregation of L.I.D. 16 assessment
with the City Engineer.
property into three parcels.
the approval of the City
two driveway approaches.
feet from property line.
is desired, make application
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.
This motion was seconded by Commissioner Pack and unanimously adopted.
Commissioner Kasolas felt that the Commission should go on to the public
hearing section of the meeting since Commissioner Dickson had not arrived.
It was the consensus of the Commission to hold off on consideration of
Item No. 1 until the arrival of Commissioner Dickson.
. .~ .~
PUBLIC HEARINGS
UP 79-1 This is the time and place for a public hearing
Winston, D. to consider the request of Mr. David Winston and
Martin Oil Service, Inc., for a use permit to
allow the sate of secondary support products at
property known as 851 E. Hamilton Avenue in a
P-D (Planned Development/Commercial and/or
Industrial) Zoning District.
Mr. Kee noted that he had met with the applicant this morning, but prior
to the meeting it was staff's understanding that it was the intent (as
stated in Martin Oil's Letter of intent) that "In order to be profitable,
gas only locations must fully utilize their buildings by supplementing
gasoline revenue with the sale of secondary support items. These secondary
items are convenience store and fast-food type items such as milk, bread,
soda and other types of convenience store products..." A copy of this
letter of intent is attached hereto and made a part of these minutes. He
further noted that it has been the Commission's past policy to not convert
service stations to convenient stores; however, the representative of the
applicant has indicated that that is not the intent of this application.
Mr. Kee stated that in actuality it is proposed to convert from vending
machine type snacks to sale of over-the-counter snack-type foods. He noted
that there were no proposed changes to the outside of the building, or
ingress and egress.
Chairman Samuelson declared the public hearing open and invited anyone in
the audience to speak for or against this item.
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Mr. Richard W. Parlier, Vice President of Martin Oil Service, Inc., 4501
ld. 127th Street, Alsip, IL 60658, appeared before the Commission to explain
the types of sales proposed on the site. He noted that they would be snack-
types of foods and beverages (Hostess products, potato chips, coke, milk,
orange juice, etc.) in small containers, rather than the larger take-home
type containers. He noted that they would primarily be changing from vending
machines to over-the-counter purchase of snack-type foods and cigarettes. He
then asked the Commission for a favorable decision on this matter.
Commissioner Vierhus entered the Council Chambers at 8:00 p.m.
Commissioner Samuelson noted that he would like to see a complete list of
items proposed to be sold within the building.
Mr. Kee stated that it has been past policy of the Commission to not convert
service stations to convenience stores, however staff has no objection to the
type of sales proposed as presented by Mr. Parlier. He also felt the types of
items to be sold should be specifically outlined. He reported that staff
and the applicant could comprise a list of the items to be sold and present
it to the Commission at its next meeting for possible review and approval,
or the staff could take the responsibility of approving the list if the
Commission wished to relinquish that authority to staff.
Commissioner Vierhus inquired of the City Attorney if there would be a
problem in the limitation of types of items sold.
City Attorney Dempster responded that the only practical problem would be
in enforcement; however, there would not be a problem in the limitation of
the types of items sold.
Mr. Kee again stated that staff and the applicant could meet to set the
guidelines for what types of items could be sold then come back to the
Commission with a recommendation. He noted that staff did not feel there
would be a problem with the proposal as outlined by the applicant, however,
the letter of intent did present some concerns.
City Attorney Dempster stated that the original letter would be disregarded
and new ground rules could be set up.
Commissioner Kasolas felt that the Commission could go ahead and approve
the use permit at this time subject to the City Attorney, Planning Director,
and applicant establishing a list of the specific types of items to be sold.
At this time Commissioner Vierhus moved that UP 79-1 be continued to the
February 6, 1979, Planning Commission meeting in order that a list could be
established of specific types of items to be sold, and brought back before the
Commission, to be reviewed by the Planning Director, City Attorney, and applicant.
This motion was seconded by Commissioner Pack and adopted, with Commissioner
Kasolas voting no.
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Commissioner Dickson entered the Council Chambers at 8:20 p. m.
.4 J.
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ARCHITECTURAL APPROVALS
S 78-14 Continued application of Mr. Guy Ruscigno for
Ruscigno, G. approval of plans to construct a 14-unit apart-
ment project on property known as 166 and 180
Shelley Avenue in an R-M (Multiple Family/Low-
Medium Density Residential) Zoning District.
Commissioner Kasolas reported that the applicant had met with the Site
and Architectural Review Committee this morning, and Commissioner Vierhus
as well as himself, were recommending approval of this application. He
noted, however, that Commissioner Dickson had some concerns which he wished
to bring to the attention of the full Commission.
Commissioner Dickson expressed his concerns regarding the parking layout
and one-way circulation on the site, as well as the small amount of green
area provided for each individual unit. He noted that this project is
proposed to be developed at maximum density and he felt that this was too
crowded for the site.
Mr. Kee displayed the plans and reviewed the site layout with the Commission.
He noted that all concerns of the Architectural Advisor had been resolved.
Commissioner Samuelson inquired of Engineering Manager Helms if he had any
comments regarding this application.
Mr. Helms responded that the Public Works Department had only concerns
with the off-site circulation, and there were no problems.
Commissioner Pack inquired of Commissioner Dickson if he felt the density
was too great.
Commissioner Dickson noted that the density is allowed, however it is the
maximum. He expressed concern about the parking of cars in the one-way '
circulation pattern, and felt there would be problems.
Commissioner Pack expressed her concern about the lack of open space and
lack of playground area and walkways.
Commissioner Kasolas mentioned that each unit has 600 to 700 square feet of
yard, which he felt was unique for apartment units. He further noted that
the Committee had expressed concern about the one-way driveway, however the
Fire Department had reviewed the plans and found no problems with the layout.
Commissioner Kasolas then moved that S 78-14 be approved subject to the
following conditions:
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.
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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.
B. Underground utilities to be provided as required by Section 20.16.070
of the Campbell Municipal Code.
C. Plans submitted to the Building Department for plan check shall
indicate clearly the location of all connections for underground
utilities including water, sewer, electric, telephone and television
cables, etc.
D. Sign application to be submitted in accordance with provisions of
the sign ordinance for all signs. No sign to be installed until
application is approved and permit issued by the Building Department.
(Section 21.68.070 of the Campbell Municipal Code.)
E. Ordinance No. 782 of the Campbell Municipal Code stipulates that
any contract for the collection and disposal of refuse, garbage,
wet garbage and rubbish produced within the limits of the City of
Campbell shall be made with Green Valley Disposal Company. This
requirement applies to all single-family dwellings, multiple
apartment units, to all commercial, business, industrial, manu-
facturing, and construction establishments. ,_
F. Trash container(s) of a size and quantity necessary to serve the
development shall be located in area(s) approved by the Fire Department.
Unless otherwise noted, enclosure(s) shall consist of a concrete floor
surrounded by a solid wall or fence and have self-closing doors of a
size specified by the Fire Department.
G. Applicant shall comply with all appropriate State and City requirements
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. Relocate parking spaces #18 ~ 24, to allow for a greater turning radius.
J. Provide 2A-106C fire extinguishers.
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K. Areas at rear of property adjacent to side property lines to be
signed as "No Parking - Fire Lane", to insure Fire Department
vehicle access.
PUBLIC WORKS
L. Process and file a parcel map to combine two lots.
M. Provide a copy of the preliminary title report.
N. Dedicate right-of-way to a 30 foot half-street on Shelley Avenue.
0. Pay storm drainage area fee based on $765 per net acre.
P. Enter into an agreement and post a surety to install street
improvements across the frontage or join a local improvement
district to install the improvements.
Q. 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.
This motion was seconded by Commissioner Vierhus and adopted by the
following roll call vote:
AYES: Commissioners: Campos, Vierhus, Kasolas, Samuelson
NOES: Commissioners: Meyer, Dickson, Pack
ABSENT: Commissioners: None
,. .,.
PUBLIC HEARINGS
PD 78-23 This is the time and place fora continued public
Knight, R. hearing to consider the request of Mr. Roger K.
Knight and the Arthur Development Company for
approval of plans, elevations, and development
schedule to allow construction of a fast-food
restaurant with a drive-thru window on property
known as 771 W. Hamilton Avenue in a P-D
(Planned Development/Commercial) Zoning District.
Commissioner Kasolas reported that the Site and Architectural Review Committee _
had met with the applicant this morning, and since the concerns regarding the
on-site traffic circulation pattern had been resolved the Committee is recommending
approval. He noted the development is in a large shopping center (Riverside Plaza
at Hamilton and Darryl), not adjacent to any residential developments.
Mr. Kee noted that the site had previously been a Shell Service Station, and
that the same property and property lines would be utilized.
Chairman Samuelson declared the public hearing open and invited anyone in
the audience to speak for or against this item.
Mr. Stanley A. Westfall, Vice President of Del Taco, 345 Baker Street, Costa
Mesa, CA 92626, appeared before the Commission to state that he was in agree-
ment to the conditions of approval. He noted that he felt the building would
be compatible with the surrounding commercial development. He further noted
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that in over 13 years of operation in California, his company has never
closed one of their businesses. They plan extensive landscaping on the
site, and plan to save an existing tree.
Chairman Samuelson inquired about the hours of operation.
Mr. Westfall replied that they would be from 8:30 a. m. to 10 p. m., seven
days a week. There would only be one drive-thru window. He then explained
the ingress and egress, and the manner of policing the area.
No one else wishing to be heard, Commissioner Vierhus moved that the public
hearing be closed, seconded by Commissioner Dickson, and unanimously adopted.
RESOLUTION N0. 1762 Commissioner Kasolas moved that the Planning
Commission adopt Resolution No. 1762 recommending
approval of plans, elevations, and development
schedule to allow construction of a fast-food
restaurant with a drive-thru window on property
known as 771 W. Hamilton Avenue in a P-D (Planned
Development/Commercial) Zoning District, seconded
by Commissioner Pack and unanimously adopted by
the following roll call vote:
AYES: Commissioners: Campos, Meyer, Dickson, Pack, Vierhus, Kasolas,
Samuelson
NOES: Commissioners: None
ABSENT: Commissioners: None
.L .L J.
The Commission took a break at 8:55 p. m.; the meeting reconvened at 9:05 p.m.
MISCELLANEOUS
Continued City Continued City Council referral regarding the
Council Referral - request of Mr. Harold Clark for a public hearing
Letter from Mr. to consider revocation of the use permit for the
Harold Clark skateboard park at 2155 South Bascom Avenue.
Chairman Samuelson noted that since the fence problem between the skateboard
park owners and the adjacent residents had been resolved, it was requested
that this item be moved up on the agenda.
Mr. Dave Kenyon, one of the owners of the skateboard park, explained that the
problem of the fence has been worked out; he has agreed to keep and maintain
the fence in good repair and that meets with the property owners' approval.
Mr. Harold Clark appeared before the Commission to state that he felt this
was a good example where fences between commercial developments and residential
developments should be other than just wooden fences.
The City Attorney noted that this problem had been resolved and no further
action needed to be taken.
Mr. Kee stated that staff would report back to the Council on how this matter
had been resolved.
~: ;; ;~
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PUBLIC HEARINGS
GP 79-1 This is the time and place for a public hearing
Frayer, L. to consider the application of Lewis and Kathryn
Frayer for an amendment to the Land Use Element
of the General Plan from "Low Density Residential"
to "Low-Medium Density Residential" for property
known as 599 E1 Patio Drive.
Mr. Stafford reported to the Commission that the applicant is proposing to
amend the Land Use Element of the General Plan for the subject property from
"Low Density Residential" to "Low-Medium Density Residential" and if approved
this amendment would increase the total number of allowable units on the one
acre site (approximate) from 6 units to 13 units. At the present time the
property is developed with an older two-story single-family dwelling and
several smaller detached structures which were apparently used for agri-
cultural purposes.
He further noted the property to the north is indicated as "high density
residential" which allows a maximum of 27 units per gross acre. This property
is currently under development with single-family homes at a density of approxi-
mately 11 units per acre. The parcels to the east and south are indicated as
"low density residential" on the General Plan and are developed with older,
single-family homes. To the west and south the area is planned for industrial
use, and is presently developed with industrial uses.
Mr. Stafford stated staff cannot justify a recommendation of approval for
this application; an amendment to "low-medium density residential" as requested
in the application would establish the first change to a higher density for an
established low density residential area along E1 Patio Drive. If this applica-
tion were approved, staff could foresee other applications requesting higher
density for other parcels on E1 Patio Drive. In addition, it is the staff's
opinion that the subject property could be developed with additional single-
family homes, within the framework of the existing General Plan designation
of "low density residential". He finally noted that a petition from neigh-
boring property owners who object to the proposed General Plan amendment had
been submitted and a copy is attached hereto and made a part of these minutes.
Chairman Samuelson declared the public hearing open and invited anyone in the
audience to speak for or against this item.
Mr. Jack Schenk, HMH, Inc., 1415 Koll Circle, San Jose, CA, appeared before
the Commission to explain that the project as designed would place single-
family residences on individual parcels which he felt would be compatible
with the overall density of the area. He noted,by the development of a project
such as proposed, the debris would be cleaned from the area, and further noted
that the existing single-family residence would remain (which has some h~lstorical
significance). He then asked the Commission for a favorable rendering on this
project.
Mrs. Edith Morley, 649 E1 Patio Drive, appeared before the Commission to express
her concern about the increased traffic generated by this General Plan amendment.
She felt the present zoning was dense enough for this area and wished to see it
remai n.
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Jeannine Knight, 662 E. Hawthorne, stated that she was opposed to the
General Plan amendment. She also expressed concern about the traffic
problems in the area.
Mrs. David Ribble, 197 Poplar, appeared before the Commission to state
that she had circulated the petition presented to the Commission objecting
to the General Plan amendment. She also noted the traffic problems of the
area.
Much discussion ensued regarding the traffic problems of the area.
No one else wishing to be heard, Commissioner Dickson moved that the public
hearing be closed, seconded by Commissioner Vierhus, and unanimously adoptied.
RESOLUTION N0. 1763 Commissioner Vierhus moved that the Planning ~'
Commission adopt Resolution No. 1763 recommending
denial of GP 79-1, a change in the Land Use Element
of the General Plan from "low density residential"
to "low-medium density residential" since the ~,
proposed "low-medium density residential" land use
would not be compatible with the surrounding ar~a.
This motion was seconded by Commissioner Pack.
Discussion of the Motion
Commissioner Pack noted that she was in full agreement with staff's recommenda-
tions and comments; however, she is not against development of this area and
feels that a nice development could go in without the General Plan having to be
changed. She also felt this property is too close to the railroad tracks to
have too many homes built on it.
Commissioner Kasolas explained that he was in favor of homes for the area
and felt it was too premature to make a decision on what might develop there
and therefore would speak against the motion.
Commissioner Campos felt the major concerns were the traffic patterns and
problems in the area and the safety of the residents.
Commissioner Vierhus also felt traffic problems should be resolved in that
area before further development is considered.
Vote on Motion - Resolution No. 1763
AYES: Commissioners: Campos, Meyer, Dickson,
NOES: Commissioners: Kasolas
ABSENT: Commissioners: None
a.~a
Pack, Vierhus, Samuelson
GP 79-2 This is the time and place for a public hearing to
City Initiated consider a City-initiated amendment to the Land Use
Element of the General Plan from "low density residentia
to "low-medium density residential" for properties known
as 1142, 1154, 1162, 1170, 1180, ~ 1190 Hazel Avenue;
832, 842, 852, 864 ~ 880 S. San Tomas Aquino Road; and
1143, 1155, 1165, 1169, 1177, tt79, 1t81, 1183, 1199 ~
1207 Smith Avenue.
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Mr. Stafford reported that the City Council had directed the Planning Commission
(at its meeting of April 10, 1978) to hold a General Plan review in several areas
of the City and one of those areas included the San Tomas area. He noted that
the result of this review was a recommendation to the Council that the previous
low-medium density land use be changed to low density. On June 26, the Council
took action in support of the Commission's recommendation, and the General Plan
for the area was changed to low density residential. Subsequently, under pro-
ceedings known as ZC 78-11, the Commission considered a change in zoning from
R-M to R-1 in order to make the zoning consistent with the recently amended
General Plan. At the Commission meeting of August 1, several property owners
in the subject area objected to the proposed zone change to R-1, and after
hearing testimony, the Commission took action to recommend that only 1142
Smith Avenue (southerly side) be rezoned. The existing R-M zoning on the
northerly side of Smith Avenue was not changed; and this was supported by the
City Council. He further noted that in order to keep the zoning consistent
with the General Plan (as required by State law) it is now appropriate to
recommend that the Land Use Element for the subject properties be changed
back from low density residential to low-medium density residential. Staff
has not recommended a referral of this item to the San Tomas Task Force
Committee due to the very recent action taken by the Commission and Council
regarding these properties.
Commissioner Pack inquired as to why the Council, at its last meeting,
deferred an item within the San Tomas area even though the applicant came
in with the application before the Task Force was formed. She expressed
her objection to that, and stated that for that reason she felt this item
should also be referred to the Task Force.
Mr. Kee explained that he would not attempt to answer for the Council, however
the Commission may well wish to refer this to the Task Force.
Commissioner Campos expressed his concurrence with Commissioner Pack's feelings.
Chairman Samuelson inquired of the City Attorney if this item should be referred
to the Task Force or should the public hearing be opened first.
City Attorney Dempster explained that since it was a City initiated zone change
a decision would not have to be rendered within a 60-day period. However,
the public hearing should be opened.
Commissioner Dickson inquired if there would be a problem since the General
Plan and Zoning were not consistent.
Mr. Kee explained that they are not consistent at the present time, but since
the City is working on this (by opening public hearing and referral to the
Task Force) we would not be in violation.
City Attorney Dempster affirmed Mr. Kee's statement.
Commissioner Dickson felt the Commission should act on this application this
evening.
Chairman Samuelson declared the public hearing open and invited anyone in the
audience to speak for or against this item.
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Mr. Henry Bartello of 1170 Hazel Avenue inquired why this was being considered
at this time.
Mr. Kee explained the background of this item.
Commissioner Uierhus moved that GP 79-2 be continued for 60 days (to the
March 20, 1979, Planning Commission meeting) in order that this item could
be referred to the San Tomas Task Force, seconded by Commissioner Pack and
adopted with Commissioner Dickson voting no.
_~ _~ .~
GP 79-3 This is the time and place for a public hearing
City Initiated to consider a City initiated amendment to the
Land Use Element of the General Plan from "Commercial"
to "Industrial" for property known as 241 W. Sunnyoaks
Avenue.
Mr. Stafford explained that this site has been the subject of several applica-
tions for development in recent years (most recently a day-care children's school
and a general commercial development). Due to the location of the property with
respect to the expressway, and its limited access to Sunnyoaks Avenue, both
applications gave clear indication of the difficulty in developing this property.
The site was not considered suitable for a day-care school due to the potential
hazards to the children; these included exposure to both vehicular noise levels
and the possibility of vehicles crashing into the playground areas from the
expressway off ramp.
The application for a commercial development was criticized due to the fact
that a significant number of additional vehicles would be attracted to the
site, causing traffic problems at an intersection which is presently congested.
At the present time the Land Use Element of the General Plan indicates "Commercial"
for this site. The zoning for the property is C-2-S (General Commercial). With
the current General Plan designation and zoning, it seems only a matter of time
until new applications for commercial development will be forthcoming.
Staff is recommending an amendment to the General Plan to designate the site
for "Industrial" land use. In addition, staff is recommending that the Commission
initiate a zone change to P-D (Planned Development). Due to the problems associated
with this site with regard to access, traffic congestion, and safety, it is staff's
opinion that any use of this property should be of a very low intensity. An
industrial use would allow development of the site with warehousing or mini-storage.
The P-D zoning would give the City control over the nature of any development, as
well as giving sufficient architectural control to insure that any development
will be compatible with the area.
Mr. Kee explained to the Commission that the Traffic Engineer had recommended
against the two previous applications for this parcel. He noted that in a meeting
with the Traffic Engineer, the potential developer, and himself, a discussion was
held to analyze possibilities of what could be done with the property. He felt
what the property owner was looking for was a workable use from a traffic stand-
point, and an industrial use was the least intensive use that staff could come
up with.
Commissioner Campos stated that he didn't feel a warehouse was compatible to that
area.
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Engineering Manager Helms agreed with Mr. Kee, and went on to say that this
parcel had been created as a result of the construction of the San Tomas
Expressway.
Commissioner Pack inquired about the status of the 0-S zoning.
Mr. Kee reported that a joint study session with the Council was scheduled
for January 29, 1979, to discuss that subject.
Commissioner Vierhus inquired if the property owner was aware of the suggested
General Plan change.
Mr. Kee stated that the property owner was in agreement with staff's
recommendation.
Commissioner Vierhus felt that this was one of the best solutions to mini-
mize problems in this area.
Chairman Samuelson declared the public hearing open and invited anyone in
the audience to speak for or against this item.
Mr. Steve Evarkiou, representing the property owner, spoke in favor of an
industrial type use for the property, noting that there would neither be traffic
nor noise problems associated with this type of use for the area.
Ms. Pat Woodstock of 970 Old Orchard, spoke about the congestion of that area
and noted that she was representing the property owners in the neighborhood.
Mr. Bill Puterbaugh of 916 Old Orchard noted that there was nothing on the
off ramp indicating that the speed should be decreased to, say, 20 m.p.h.
Mr. Helms reported that the County had indicated they would be installing
some type of barrier which they were to plan for in their budget; however,
such a barrier has not been installed to date.
No one else wishing to be heard, Commissioner Kasolas moved that the public
hearing be closed, seconded by Commissioner Vierhus and unanimously adopted.
RESOLUTION N0. 1764 Commissioner Pack moved that the Planning
Commission adopt Resolution No. 1764 recommending
that the Land Use Element of the General Plan be
amended from "Commercial" to "Industrial" for the
subject property, seconded by Commissioner Kasolas
and adopted by the following roll call vote:
AYES: Commissioners: Meyer, Pack, Vierhus, Kasolas, Samuelson
NOES: Commissioners: Campos, Dickson
ABSENT: Commissioners: None
Commissioner Pack then moved that a zone change be delayed for clarification on
the application of the 0-S zoning, until February 6, 1979, after the study
session with the Council is held (January 29, 1979), seconded by Commissioner
Vierhus and unanimously adopted.
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MISCELLANEOUS
Request of Request of Mr. Michael W. Abbott for an adjustment
Abbott, M. in the side yard setback requirement from 8'-9" to
5'-0" to allow construction of a two-story addition
to an existing residence located on property known
as 815 Jones Way in an R-1 (Single-Family/Low Density
Residential) Zoning District.
Mr. Kee reported that the applicant is requesting an adjustment in the side
yard setback requirement to allow a second-story addition.
Commissioner Vierhus moved that the request of Mr. Abbott be approved,
seconded by Commissioner Pack and unanimously adopted.
_~
Request of Request of Mr. Robert A. Nelson for an adjustment
Nelson, R. in the side yard setback requirement from 9'-O" to
6'-0" to allow construction of a second story
addition to an existing residence located on property
known as 1069 Linda Drive in an R-1 (Single-Family/
Low Density Residential) Zoning District.
Mr. Kee reported that the applicant is requesting an adjustment in the side
yard setback requirement to allow a second-story addition.
Commissioner Vierhus moved that the request of Mr. Robert A. Nelson be approved,
seconded by Commissioner Pack and unanimously adopted.
Subcommittee Appointments to Planning Commission Subcommittees
Appointments for 1979.
A copy of the appointments for 1979 is attached hereto and made a part of these
minutes.
Referral from Notice of City Council/Planning Commission study
City Council session to be held on January 29, 1979, at 7:30
p. m. regarding the Open Space District.
Chairman Samuelson noted that an agenda would be mailed out prior to the
date of the meeting, and encouraged all Commissioners to attend.
He asked that staff telephone each Commissioner as a reminder of the study
session.
Mr. Kee responded that staff would be certain to phone the Commissioners on
the day of the meeting.
.V J, .4
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Staff Report Appointment of Architectural Advisor.
Commissioner Pack moved that the Planning Commission appoint Mr. Harvey
Niskala as the Architectural Advisor for the calendar year 1979, seconded
by Commissioner Kasolas and unanimously adopted.
ITEMS BROUGHT UP BY COMMISSIONERS
Commissioner Dickson reported that the Committee has prepared its recommenda-
tions regarding the P-D ordinance and suggested that this item be agendized
for the February 6,1979, Planning Commission meeting.
Commissioner Vierhus moved that the amendments to the P-D ordinance, as
recommended by the Committee, be agendized for discussion at the February 6,
1979, Planning Commission meeting, seconded by Commissioner Pack and
unanimously adopted.
.,. .~ ..
Commissioner Dickson expressed concern regarding the City Council minutes of
January 8, 1979, reflecting the Planning Commission's concurrence with the
senior housing proposed for the Carlino property. He noted that since no
plans had yet been submitted to the Planning Commission, the Commission had
not made any recommendation.
With the consensus of the Commission, Chairman Samuelson requested that
staff send a referral form to the City Council reflecting the Commission's
concerns.
Commissioner Dickson expressed concern about the "Winston Tire" development
at the corner of Winchester and Latimer, and concern about the generation
of noise at that location.
Chairman Samuelson requested that staff report back at the next meeting
regarding approval of this development, the sign, and any problems related to
noise generation on UP 78-7.
COMMENDATION TO
CHAIRMAN PACK
RESOLUTION N0. 1765 Commissioner Dickson moved that the Planning
Commission adopt Resolution No. 1765 expressing
appreciation to Margaret M. Pack for serving as
Planning Commission Chairman during 1978, seconded
by Commissioner Campos, and adopted by the following
roll call vote:
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AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Campos, Meyer, Dickson, Vierhus, Kasolas,
Samuelson
None
None
Pack
_~ .4
Commissioner Vierhus moved that the meeting
be adjourned, seconded by Commissioner Pack
and unanimously adopted.
The meeting was adjourned at 11:05 p. m.
APPROVED:
ATTEST:
Arthur A. Kee, Secretary
Carl E. Samuelson, Chairman
RECORDED:
Jeannine Wade, Recorder