PC Min 10/17/1978PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
TUESDAY, 7:30 P.M. MINUTES OCTOBER 17, 1978
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 Halt, 75 North Central Avenue, Campbell, Ca lifornia.
ROLL CALL Commissioners: Campos, Dickson, Samuelson,
Vierhus, Kasolas, Chairman Pack; Secretary
Present Arthur A. Kee; Senior Planner Bruce R.
Powell; Engineering Manager Bill Helms;
City Attorney J. Robert Dempster; Recording
Secretary Jeannine Wade.
Absent None.
APPROVAL OF MINUTES Commissioner Dickson moved that the minutes of
the regular meeting of October 3, 1978 be
approved as submitted, seconded by Commissioner
Samuelson and unanimously adopted.
COMMUNICATIONS
Requests for Continuance
Mr. Kee noted that a request for continuance had been received for
Item No. 5 on the agenda, PD 75-4, Campbell Building and Investment, Inc.
He noted that other communications received relate to specific items on
the agenda and would be discussed at the time the item is considered.
ARCHITECTURAL APPROVALS
SA 78-68 Appeal by Ms. Nancy A. Masche' of a decision of
Masche', N. the Planning Director which denied a request for
Frame Factory "A" frame signs for the Frame Factory located on
property known as 140 N. San Tomas Aquino Road
in a C-1-S (Neighborhood Commercial) Zoning
District.
Commissioner Vierhus reported that the applicant had met with the
Site and Architectural Review Committee this morning, and the Committee is
recommending approval of an extension for the temporary "A" frame signs
providing that the applicant submits a letter agreeing to remove subject
signs by January 15, 1979• He noted that the applicant was in agreement
to the submittal of a letter indicating when the signs would be removed.
Mr. Kee reported that a letter had been received from the applicant
agreeing to the removal of the signs by January 15, 1979.
Chairman Pack inquired how the Sign Review Committee might view
this recommendation.
Commissioner Samuelson, member of the Sign Review Committee, stated
that the Committee had denied this request since signs of this nature are
usually allowed for only 90 days. He noted that the applicant had first
been granted a three-month approval, and then a six-month approval.
Commissioner Kasolas inquired if the granting of this sign would
cause a hardship.
Commissioner Samuelson responded that it would not.
Commissioner Dickson moved that the Planning Commission grant approval
of temporary signing (three A-frame signs) for the Frame Factory, 140 N.
San Tomas Aquino Road, until January 15, 1979, seconded by Commissioner
Vierhus, and unanimously adopted.
PUBLIC HEARINGS
UP 78-13 This is the time and place for a public hearing
Tully, M. to consider the application of Mr. Miles S. Tully
for approval of plans to improve a parking lot
located on property known as 275 E. Campbell
Avenue in a P-D (Planned Development/Commercial)
Zoning District.
Mr. Kee noted to the Commission that this application had been processed
as a use permit under provisions of the P-D section of the ordinance for
projects costing less that a certain amount; it could have been handled as a
site approval, however it was noticed in the newspaper and handled as a use
permit.
Commissioner Vierhus reported that the Site and Architectural Review
Committee reviewed this application this morning with the applicant. He
noted the Committee is recommending approval subject to the changes noted
on the plans, and the applicant has agreed to the changes.
Mr. Kee noted that staff is also recommending approval subject to the
conditions listed in the Staff Comment Sheet and the noted changes on the
plans as regards landscaping and a bumper stop.
Chairman Pack inquired if the City planned anything for its parcel
which adjoins the subject property.
Mr. Helms responded that the property would be sold along with the
fire station property some time in the future.
Chairman Pack declared the public hearing open and invited anyone
in the audience to speak for or against this project.
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No one wishing to be heard, Commissioner Dickson moved that the
public hearing be closed, seconded. by Commissioner Kasolas and unanimously
adopted.
RESOLUTION NO. 1740 Commissioner Dickson moved that the Planning
Commission adopt Resolution 1740 approving the
use permit for approval of plans to improve a
parking lot located on property known as
275 E. Campbell Avenue in a P-D (Planned
Development/Commercial) Zoning District
(UP 78-13), seconded by Commissioner Kasolas
and adopted by the following roll call vote:
AYES: Commissioners: Campos, Dickson, Samuelson, Vierhus, Kasolas, Pack
NOES: Commissioners: None
ABSENT: Commissioners: None
UP 78-14 This is the time and place for a public hearing
Larson, J. to consider the request of Ms. Joan Larson and
Ondrick, R. Robert Ondrick for a use permit to allow a
teenage dance center on propert y known as
827 W. Hamilton Avenue in a P-D (Planned
Development/Commercial) Zoning District.
Mr. Kee reported to the Commission that a number of communications
had been received relating to this application since it had been referred
to the Civic Improvement Commission and Youth Advisory Commission. Attached
hereto and made a part of these minutes are a memo from the Police Chief to
the Planning Department dated October 13, 1978, a memo from the Civic
Improvement Commission to the Planning Commission also dated October 13, 1978,
and a letter from Mr. Fred E. Chez (adjacent property owner) opposing the
recommended use dated October 17, 1978. Mr. Kee noted that the Youth
Advisory Commission had not made a formal comment on this application since
it lacked a quorum at its last meeting. He also noted that the communications
received thus far had been opposed to the use proposed for this site.
Chairman Pack declared the public hearing open and invited anyone in
the audience to speak for or against this project.
Ms. Joan Larson of 1898 Meridian Avenue #33, San Jose, California,
one of the applicants, appeared before the Commission to explain the use
of the building and how the center would operate. She noted that there
are so few places such as this for young adults between the ages of 16 and
20 in this area. She stated that there would only be one exit/entrance
for the teens, and once they left the building they would not be able to
re-enter without paying again. She noted that she had consulted two
acoustical engineers should the Commission wish to have a noise study made.
She also noted that they would provi.:e their own security system in order
to keep the traffic and noise outside the building, and in the parking
area, to a minimum.
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Jim Berryessa,151 El Caminito, Campbell, stated to the Commission
that he is a member of the Youth Advisory Commission and wished to
express his feelings about a center such as this for the teens in Campbell.
He noted that the Youth Advisory Commission failed to have a quorum at the
last meeting; however, speaking for himself, he felt a center for teens in
Campbell would be very beneficial to the age group between 16 and 20 since
there are very few places they can go to dance. He noted that other
Commission members present at the last meeting also felt this way.
Stacie McMahon, Chairman of the Youth Advisory Commission, also
appeared before the Commission to speak in favor of the proposed use. She
noted that a strict dress code would deter confrontations, since the teens
would take pride in dressing up for the occasion.
Mr. Robert Ondrick, applicant, also appeared to explain the center and
how it is planned to be operated. He noted that only two persons in the
plaza were against the proposal, and he felt the reason was the prior use
which was a game room for pre-teens. He further explained that the pre-
teens created a ruckus and caused vandalism to the adjoining shops.
Commissioner Kasolas inquired about the parking and whether or not
it would be sufficient to handle the crowds expected.
Mr. Ondrick replied that there are approximately 81 spaces available,
and he felt since the teens would probably be coming in groups, this should
be sufficient. He also felt there would not be a noise or traffic problem
since there would be security guards both inside and outside the building.
Much discussion ensued regarding hours of operation (closing hour
to be 2 a. m. on weekends) and curfew.
No one else wishing to be heard, Commissioner Dickson moved that
the public hearing be closed, seconded by Commissioner Kasolas and adopted
with Chairman Pack voting against the motion because she would rather this
item had been continued.
Commissioner Dickson noted that in granting of a use permit the
Commission is supposed to find that the establishment, maintenance or
use applied for will not be detrimental to the health, safety, peace,
morals, comfort, or general welfare of the city. And in light of the
comments received from the Police Chief and Civic Improvement Commission,
he stated he felt he could not support the application.
Commissioner Kasolas stated that he would take the position of
supporting this application, since it is the Commission's responsibility
to listen to all of its citizens, and in listening to the young folks
this evening he felt there was a definite need for a recreational facility
such as the proposed use.
Commissioner Campos stated he felt this was a question of what the
detriment is to the neighborhood and area. He felt there would be an
overflow of traffic into the residential area. He stated he felt the
Commission had a responsibility not only to the young folks, but to the
total community. "
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Commissioner Vierhus stated he was more in favor of this application
than opposed.
Commissioner Samuelson stated he was in agreement with Commissioner
Campos' feelings.
Chairman Pack stated she also shared Commissioner Campos' feelings,
and felt that even though there is a need for such a facility in Campbell,
possibly a shopping center would not be the best location. She also felt
the parking at this location was not adequate, and the proximity to a
residential neighborhood was not a particularly good location.
RESOLUTION N0. 1741 Commissioner Campos moved that the Planning
Commission adopt Resolution No. 1741 denying
the application of Ms. Joan Larson and Robert
Ondrick for a use permit to allow a teenage
dance center on property known as 827 W.
Hamilton Avenue in a P-D (Planned Development/
Commercial) Zoning District with the findings
that the particular location is not a good
location and the parking is not adequate,
seconded by Commissioner Dickson, and adopted
by the following roll call vote:
AYES: Commissioners: Campos, Dickson, Samuelson, Pack
NOES: Commissioners: Vierhus, Kasolas
ABSENT: Commissioners: None
At this time the City Attorney explained to the applicants their
right of appeal to the City Council; Mr. Kee then handed to the applicant
a copy of the "Procedure for Appeal from Decision of Planning Commission."
The Commission took a break at 8:35 p.m.; the meeting reconvened at
8:50 p. m.
ZC 78-14 This is the time and place for a public hearing
Williams, D. to consider the application of Mr. Don Williams
for: (1) a change of zoning from R-3-S
(Multiple Family/High Density Residential) to
P-D (Planned Development/High Density Residential),
and (2) approval of plans, elevations, and
development schedule to allow construction of 14
townhomes on property known as 633 W. Hacienda
Avenue.
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Mr. Kee explained that the applicant is requesting a change of zoning
for a 0.58 acre parcel in order to construct 14 townhouses, with a resulting
density of 24.1 units per acre; the zone change to P-D would allow separate
ownership of each unit and is consistent with the General Plan. He noted
the two-story structures will cover approximately 36 percent of the site,
with six units indicated as one-bedroom and eight units indicated as two-
bedroom. He further noted that 24 covered parking speaces would be provided
and 8 uncovered spaces, for a resultant parking ratio of 2.28 spaces per
unit which would meet the minimum requirements of the new parking ordinance.
Commissioner Vierhus reported that the applicant had met with the
Site and Architectural Review Committee this morning, and the Committee
is recommending approval subject to the addition of Condition 8 which would
read "Provisions for parking of 4 units to be approved by the City Attorney
with a written memo to the Planning Commission from the Attorney." Since
this was a unique situation, the Committee felt it was necessary to have a
written memo from the City Attorney. The Committee also felt the landscaping
plan should be submitted to the Commission rather than the Planning Director,
and is therefore requesting a change in the wording of Condition 2.
Mr. Helms noted that street improvements are being required to be
constructed all the way to the southern boundary of the property.
Chairman Pack declared the public hearing open and invited anyone
in the audience to speak for or against this project.
Mr. Nick Bormeyer, owner of Hacienda Gardens, appeared before the
Commission to explain that there has been a problem with access adjacent
to this development; he explained that there is an easement to be used
by both property owners, and the developer has blocked off the use of this
access.
City Attorney Dempster advised Mr. Bormeyer that this would be a
civil action and that he should consult his attorney; this is not a
City matter, it would be between himself and the developer.
Mr. Gary Kemet, Williams Development, Inc., stated that he is the
developer in question and that the access had been blocked during the
construction stage only; after that, it would be opened. He offered to
talk with Mr. Bormeyer about the problem outside the Council Chambers.
Mr. Stan Elliott, Architect for the project, stated that he and
his client are in agreement with the conditions imposed and recommended
by the Site and Architectural Review Committee.
No one else wishing to be heard, Commissioner Vierhus moved that
the public hearing be closed, seconded by Commissioner Kasolas and
unanimously adopted.
RESOLUTION N0. 1742 Commissioner Dickson moved that the Planning
Commission adopt Resolution 1742 recommending
approval of the zone change from R-3-S (Multiple
Family/High Density Residential) to P-D (Planned
Development/High Density Residential) for 633
W. Hacienda Avenue (ZC 78-14), seconded by
Commissioner Samuelson and unanimously adopted
by the following roll call vote:
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AYES: Commissioners: Campos, Dickson, Samuelson, Vierhus, Kasolas, Pack
NOES: Commissioners: None
ABSENT: Commissioners: None
RESOLUTION N0. 1743 Commissioner Dickson moved that the Planning
Commission adopt Resolution No. 1743 recommending
approval of plans, elevations, and development
schedule to allow construction of 14 townhomes
on property known as 633 W. Hacienda Avenue (ZC 78-14),
with the added Condition No. 8 and revision to
Condition No. 2, seconded by Commissioner
Samuelson and unanimously adopted by the following
roll call vote:
AYES: Commissioners: Campos, Dickson, Samuelson, Vierhus, Kasolas, Pack
NOES: Commissioners: None
ABSENT: Commissioners: None
PD 75-4 This is the time and place for a continued public
Campbell Building hearing to consider the application of the Campbell
and Investment, Inc. Building and Investment Company, Inc., for approval
of plans, elevations, and development schedule
to allow construction of an office building on
property known as 54 N. Central Avenue in a P-D
(Planned Development/Commerical) Zoning District.
Mr. Kee noted that he had received a request from the applicant to
continue this item to the November 7, 1978, Planning Commission meeting,
which is in agreement with Staff's recommendation.
Commissioner Kasolas moved that PD 75-4 be continued to the November 7,
1978, Planning Commission meeting, seconded by Commissioner Vierhus and
unanimously adopted.
a
PD 78-17 This is the time and place fora continued public
Stanton, Vic hearing to consider the application of Mr. Vic
Stanton for approval of plans, elevations, and
development schedule to allow construction of a
12-unit townhouse development on property known
as 1785 and 1801 W. Hacienda Avenue in a P-D
(Planned Development/Low-Medium Density Residential)
Zoning District.
Mr. Kee reported that this item had been continued from the last
regular meeting of the Planning Commission in order that revised plans
could be submitted. He noted that the October 17 meeting is the last
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meeting that the Planning Commission can review plans without the applicant's
agreement to a continuance, and as of this writing revised plans had not been
received. He noted that the applicant had requested a continuance, however
he is now asking that a decision be rendered this evening.
Chairman Pack inquired if the previously submitted plans had been
recommended for approval.
Mr. Kee responded that the previously submitted plans had been
recommended for approval by staff, the Site and Architectural Review
Committee and the Architectural Advisor.
Mr. Kee also noted that at the last meeting the Commission asked
for the history of the zoning to P-D. A copy of the Staff Comment Sheet
reflecting this history is attached hereto and made a part of these minutes.
Chairman Pack invited anyone in the audience to speak for or against
th i s project.
Mr. Glenn Cahoon, Project Manager, appeared before the Commission
to ask that a decision regarding this project be rendered this evening.
He indicated that the applicant had agreed to his going back to the
drawing board with the plans, however in redoing the plans for single-
story dwellings the property value would have decreased considerably.
He stated that two problems mentioned at the last meeting were traffic
and inconsistency with the surrounding area. He stated that the Public
Works Department reported that this project would not have a significant
impact on the traffic, and it was his feeling that this project is
compatible with the surrounding area.
Ms. Mary Meyer of 1765 Hacienda Avenue, Campbell, appeared to
remind the Commission of the adjacent property owners' concerns about
this project which included traffic and incompatibility with the area.
Gayle Southern, Allstate Realty, read into the record a letter
from the property owner, Mr. Marshall Davis, and a letter from one of
the adjacent property owners speaking in favor of this development.
Both of these letters are attached hereto and made a part of these
minutes. Ms. Southern then asked that the Commission render a favorable
decision on this project.
Mr. Dennis Lobate of 1755 Hacienda Avenue, Campbell, appeared before
the Commission to state that he is not in favor of this project; he reported
that he had spoken with the City Manager regarding this item and was told
that a report would be forthcoming.
Mr. Kee responded that if a report is forthcoming, it would come from
the City Manager's office.
Mr. Lobate urged the Commission to keep this project at the lowest
density possible.
Mr. Vic Stanton, applicant, appeared before the Commission to ask
for a fiavorable rendering on this application. He stated that this project
would enhance the area, not hurt it.
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Mrs. Nelson of 1775 Hacienda Avenue (next-door neighbor to the
property) stated that with the plans as submitted she would have 12
windows looking into her yard; and felt this would decrease the value of
her property.
Mr. Vern Brown of 1801 Hacienda Avenue stated he felt this project
would improve the neighborhood.
No one else wishing to be heard, Commissioner Campos moved that the
public hearing be closed, seconded by Commissioner Samuelson and unanimously
adopted.
MOTION (Failed) Commissioner Kasolas moved that the Planning
Commission adopt a motion recommending
approval of plans, elevations, and development
schedule to allow construction of a 12-unit
townhouse development on property known as
1785 and 1801 4J. Hacienda Avenue in a P-D
(Planned Development/Low-Medium Density
Residential) Zoning District (PD 78-17),
seconded by Commissioner Samuelson and
failed by the following roll call vote:
AYES: Commissioners: Samuelson, Kasolas, Pack
NOES: Commissioners: Campos, Dickson, Vierhus
ABSENT: Commissioners: None
MOTION (Failed) Commissioner Dickson moved that the Planning
Commission adopt a motion recommending
denial of plans, elevations, and development
schedule to allow construction of a 12-unit
townhouse development on property known as
1785 and 1801 W. Hacienda Avenue in a P-D
(Planned Development/Low-Medium Density
Residential) Zoning District based on the
fact that the plans "did not clearly demon-
strate that the proposed use will result in
a more desirable environment and use of land
than would be possible under any other zoning
classification. Seconded by Commissioner Campos,
and failed by the following roll call vote:
AYES: Commissioners: Campos, Dickson, Vierhus
NOES: Commissioners: Samuelson, Kasolas, Pack
ABSENT: Commissioners: None
The City Attorney noted that this item would now go on to the City
Council without a recommendation from the Planning Commission.
Chairman Pack asked that the City Council be apprised of the actions
taken this evening regarding this application at the time they consider it.
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Mr. Kee informed persons in the audience that it would be approximately
three weeks before the City Council would consider this item.
PD 78-19 This is the tune and place for a public hearing
The Factory to consider the application of Pacific Design
Group on behalf of the Factory for approval of
plans, elevations, and development schedule
to allow construction of a commercial center
(Orchard City Plaza) on property known as
30 S. Central Avenue in a P-D (Planned
Development/Commercial) Zoning District.
Mr. Kee reported that the applicant is requesting approval of plans to
renovate the former "Wrinkled Prune Annex." He noted the elevations will
emphasize the heavy beam construction with large glass panels and the
existing galvanized roof will remain. He further stated that the applicant
is proposing that the first floor be a mixture of food-beverage and retail
uses, with the second and third floors being office-type uses.
Commissioner Vierhus reported that the Site and Architectural Review
Committee is recommending approval subject to the conditions listed in the
Staff Comment Sheet with a noted addition to Condition No. 5 which would
read "screened/designed as approved by the Planning Director"; and the
addition of Condition No. 6, which is to read "Second and third floors
to be limited to office use only." Commissioner Vierhus further noted
that Condition "A" would not be needed since this property is within the
Parking District.
Chairman Pack declared the public hearing open and invited anyone
in the audience to speak for or against the project.
Mr. Jim Lyle, Pacific Design Group, appeared before the Commission
and explained the project, and indicated to the Commission that the
Brondon Corporation is the present owner, however that may not be the
case once construction begins.
No one else wishing to be heard, Commissioner Dickson moved that
the public hearing be closed, seconded by Commissioner Samuelson and
unanimously adopted.
RESOLUTION N0. 1744 Commissioner Dickson moved that the Planning
Commission adopt Resolution No. 1744 recommending
approval of plans, elevations, and development
schedule to allow construction of a commercial
center (Orchard City Plaza) on property known
as 30 S. Central Avenue in a P-D (Planned
Development/Commercial) Zoning District, seconded
by Commissioner Vierhus and unanimously adopted
by the following roll call vote:
AYES: Commissioners: Campos, Dickson, Samuelson, Vierhus, Kasolas, Pack
NOES: Commissioners: None
ABSENT: Commissioners: None
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TS 78-11 Tentative Subdivision Map - Lands of Maslesa
Lands of 1laslesa APN: 305-33-12 and 13
Tract No. 6486
Mr. Kee explained that in July the Planning Commission approved plans
to construct 19 condominium units on property known as 134 W. Rincon Avenue
in an R-2-S Zoning District and the subject map was submitted to comply
with one of the conditions of approval. He noted that the project is in
conformance with the General Plan (18.27 units per gross acre; General
Plan calls for 14-20 dwelling units per gross acre).
Commissioner Samuelson moved that the TS 78-11 be recommended to the
City Council for approval subject to the conditions listed in the Staff
Comment Sheet, and that the. Commission find that the proposed subdivision
is in compliance with the General Plan, seconded by Commissioner Dickson
and unanimously adopted.
TS 78-12 Tentative Subdivision Map - Lands of Maslesa
Lands of Maslesa APN: 305-33-4 and 5•
Tract No. 6487
Mr. Kee reported that in July the Planning Commission approved plans
to construct 17 condominium units on property known as 236 W. Rincon
Avenue in an R-2-S Zoning District and the subject map was submitted to
comply with one of the conditions of approval. He noted that the project
is in conformance with the General Plan (18.3 units per gross acre;
General Plan calls for 14-20 dwelling units per gross acre).
Commissioner Samuelson moved that TS 78-12 be recommended to the
City Council for approval subject to the conditions listed in the
Staff Comment Sheet, and that the Commission find that the proposed
subdivision in in compliance with the General Plan, seconded by
Commissioner Dickson and unanimously adopted.
ADJOURNMENT Commissioner Dickson moved that the meeting
be adjourned, seconded by Commissioner
Samuelson and unanimously adopted.
The meeting adjourned at 10:25 p.m.
APPROVED:
ATTEST:
RECORDED:
Arthur A. Kee, Secretary
Jeannine Wade, Recorder
Margaret M. Pack, Chairman