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PC Min 12/20/1977PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. h11NUTES DECEMBER 20, 1977 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: Hebard, Campos, Pack, Samuelson, Lubeckis, Dickson, Secretary Arthur A. Kee; PRESENT Senior Planner Bruce Powell; Acting City Attorney Dan Muhlfelder; Engineering Manager Bill Helms; Recording Secretary Jeannine Wade. ABSENT Commissioner Vierhus. APPROVAL OF MINUTES Commissioner Pack moved that the minutes of the December 6, 1977 meeting be approved, seconded by Commissioner Samuelson and unanimously adopted. COMMUNICATIONS Mr. Kee stated that communications received related to specific items on the agenda and would be discussed in sequence. ARCHITECTURAL APPROVALS S 76-18 Application of Mr. Kent Kirkorian for approval Kirkorian, K. of a revised parking design for an existing auto service center located on property known as 3293 and 3303 S. Winchester Boulevard in a C-H (Highway Commercial) Zoning District. Commissioner Campos asked that the plans be displayed for the Commission's review. Mr. Kee explained that the applicant is proposing to separate the existing auto center and Alex's Rorsche House to the north; each develpment will stand on its own. Staff is recommending approval. Commissioner Campos stated the Architectural Review Committee is recommending approval subject to the conditions listed on the Staff Comment Sheet. Commissioner Hebard moved that S 76-18 be approved subject to the following conditions: CONDITIONS OF APPROVAL - S 76-18 1. Property to be fenced and landscaped as indicated and as added in "red" on plans. 2. Landscape plan indicating .type of plant material, location of hose bibs or sprinkler system and type of fencing to be submitted for approval of the Planning Director prior to final map being recorded. Landscape plan to indicate type of curbing to protect landscaping from on-site and off-site traffic. 3. Landscaping shall be maintained in accordance with the approved landscape plan. 4. Refundable cash bond in the amount of $3,500 to be posted to insure landscaping within 60 days after filing of final map for the Porsche House to the north. 5. Refundable cash bond in the amount of $5,000 to insure landscaping on the Kirkorian Center to the south to insure the completion of landscaping within 60 days after the filing of the final map. The applicant is notified as part of this application that he is required to meet the following conditions in accordance with Ordinances of the City of Campbell. 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. -2- 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 devel- opment 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 meet State requirements for the handicapped. PUBLIC WORKS DEPARTMENT H. Process and file a parcel map to create the lot configuration shown on the plan. I. Execute agreement and post bond for street improvements on Winchester Boulevard frontage of development. J. Provide street right of way dedication as required. K. Payment of storm fee at $765 per acre. The applicant is notified that he shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. Motion seconded by Commissioner Pack, and unanimously adopted. At this time Chairman Dickson asked the Commission to consider delaying Items 2, 3 and 4 until the remaining Architectural Approvals are considered in order to speed up the meeting. The Commission was in agreement to this proposal. S 77-48 Application of Mr. and Mrs. William J. Martin Martin, W. J. for approval of plans to construct an eight-unit apartment building on property known as 245 Sunnyside Avenue in an R-2-S (Medium Density Residential) Zoning District. Commissioner Campos reported that the Architectural Review Committee reviewed this application this morning with the applicant. The Architectural Advisor advises that the building is not adequately designed. The Committee is recommending approval subject to the condition that the applicant submit revised plans to the Planning Director for approval in concurrence with the recommendation from the Architectural Advisor. -3- i Commissioner Pack moved that S 77-48 be approved subject to the following~~~'` conditions: ~ CONDITIONS OF APPROVAL - S 77-48 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 as added in "red" on plans. 3. Landscape plan indicating type of plant material, location of hose bibs, or sprinkler system and type of fencing to be submitted for approval of the Planning Director at time of application for building permit. 4. Landscaping shall be maintained in accordance with the approved landscape plan. 5. Faithful performance bond in the amount of $5,000 to be posted to insure landscaping, fencing and striping of parking area within three (3) months of completion of construction, or applicant may file written agreement to complete landscaping, fencing and striping of parking area prior to final Building Department clearance. 6. All mechanical equipment located on roofs shall be screened as approved by the Planning Director. 7. Applicant to submit revised plans to the Planning Director for approval. The applicant is notified as part of this application that he is required to meet the following conditions in accordance with Ordinances of the City of Campbell. A. All parking and driveway areas to be developed in compliance with Section 21.50 of the Campbell Municipal Code. All parking spaces to to 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. -4- 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 devel- opment 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. Alt enclosures to be constructed at grade level. G. Applicant shall meet State requirements for the handicapped. FIRE DEPARTMENT H. Provide two "2A IOBC" fire extinguishers. PUBLIC WORKS DEPARTMENT I. Provide evidence of unencumbered title to the private alley along the northerly property line. J. Pay storm drainage area fee of $318. K. Dedicate a 20' radius return at the southwest corner. L. Obtain an excavation permit to modify the northerly driveway, remove the southerly driveway and install a wheelchair ramp. The applicant is notified that he shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. Motion seconded by Commissioner Campos and unanimously adopted. S 77-49 Application of Mr. Raymond V. Castello for approval Castello, R. V. of plans to construct an office building on property known as 1790 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. Commissioner Campos asked that the plans for this application be displayed. Mr. Kee explained the project, and stated that staff is recommending approval subject to the conditions listed in the Staff Comment Sheet. Commissioner Campos stated that the Architectural Review Committee was also recommending approval subject to the conditions listed in the Staff Comment Sheet. -5- Commissioner Pack moved that S 77-9 be approved subject to the following conditions: CONDITIONS OF APPROVAL - S 77-49 1. Property to be fenced and landscaped as indicated and as added in "red" on plans. 2. Landscape plan indicating type of plant material, location of hose bibs, or sprinkler system and type of fencing to be submitted for approval of the Planning Director at time of application for building permit. 3. Landscaping shall be maintained in accordance with the approved landscape plan. 4. Faithful performance bond in the amount of $3,000 to be posted to insure landscaping, fencing and striping of parking area within three (3) months of completion of construction, or applicant may file written agreement to complete landscaping, fencing and striping of parking area prior to final Building Department clearance. The applicant is notified as part of this application that he is required to meet the following conditions in accordance with Ordinances of the City of Campbell. 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. 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. other- wise 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. -6- G. Applicant shall meet State requirements for the handicapped. FIRE DEPARTMENT H. Provide one "2A IOBC" fire extinguisher for each floor. PUBLIC WORKS DEPARTMENT I. Pay storm drainage area fee of $276. J. Obtain an excavation permit for any work within the street right of way and show the work on the building plans. The applicant is notified that he shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. Motion seconded by Commissioner Samuelson and unanimously adopted. 5 77-50 Application of Mr. Lawrence J. Valente for approval Valente, L. J. of plans to construct a two-story office building on property known as 215 West Hamilton Avenue in a P-0 (Professional Office) Zoning District. Commissioner Campos reported that the applicant had met this morning with the Architectural Review Committee and staff. The Committee felt there were no problems with site layout; however, in the opinion of the Architectural Advisor, the building design is not adequate for the area. Commissioner Campos stated the Committee is recommending this item be continued to the first meeting in January 1978. Commissioner Pack moved that S 77-50 be continued to the January 3, 1978 meeting in order that revised plans could be submitted, seconded by Commissioner Lubeckis, and unanimously adopted. s 77-51 Application of Mr. Richard B. Pasek for approval of Pasek, R. B. plans to construct a lumber storage yard on property known as 925 McGlincey Lane in an M-1-S (Light Industrial) Zoning District. Commissioner Campos reported that the applicant had met with the Architectural Review Committee this morning, and the Committee is recommending approval subject to the conditions listed in the Staff Comment Sheet. Mr. Kee stated the applicant had contacted the Planning Department this afternoon and asked for a continuance in order to include the adjacent lot. Staff is recommending that this item be continued to the second meeting in January in order that revised plans might be submitted. -7- Commissioner Pack moved that $ 77-51 be continued to the second meeting in January 1978 in order that revised plans could be submitted, seconded by Commissioner Campos, and unanimously adopted. S 77-39 Continued application of Mr. Alfred Wilson for Wilson, A. approval of plans to construct a triplex on the rear of property known as 257 W. Rincon Avenue in an R-2-S (Medium Density Residential) Zoning District. Commissioner Campos reported that this item has been on the agenda for approximately two months. The number of units submitted on this plan has been reduced from four to three. The Architectural Advisor was not satisfied with the design of the buildings; he feels the design is inconsistent. The applicant was not present at the meeting of the Architectural Review Committee, so specific questions could n.ot be asked. The Committee is recommending denial of this application. The applicant, Alfred Wilson, appeared before the Commission. He stated that because of another appointment he was unable to meet with the Committee this morning. He would prefer that this item be continued. Mr. Kee stated that if this item were denied, the applicant would have a 10-day appeal period in which to appeal the decision to the City Council. Commissioner Hebard moved that S 77-39 be continued to the second meeting in January 1978 in order that revised plans could be submitted, seconded by Commissioner Pack, and unanimously adopted. S 77-47 Continued application of Mr. James A. Egide and Egide, J. Five Star Industries, Inc., for approval of plans to construct a Taco Charley Restaurant on property known as 70 S. San Tomas Aquino Road in a C-2-S (General Commercial) Zoning District. Commissioner Campos reported that this item was not reviewed by the Committee this morning. Mr. Kee stated that this item was continued from the last regular meeting in order that it could be referred to the Police Department and revised site plans could be presented that depicted the overall circulation of the site. The applicant has suggested an additional landscape strip so that traffic cannot travel completely around the restaurant. The applicant is in the audience in order to answer any questions the Commission might have. Commissioner Pack inquired as to what hours the restaurant would be open. Mr. Egide, applicant for this project, explained that the restaurant would be open at 10:30 a.m. and close at 11 p.m. -8- Much discussion ensued regarding landscaping, fencing and traffic circulation. Chairman Dickson asked if staff was to contact surrounding neighbors. Mr. Kee responded that it ended up that surrounding neighbors would not be contacted. Commissioner Hebard stated that in order to approve this application, the Commission should find that this project is compatible with the General Plan, and in his opinion he felt that it '.'did not aid in the harmonious development of the immediate area" because of the added people noise and heavily used parking areas (causing more traffic noise). Commissioner Pack inquired of the City Attorney if this were legitimate and in accordance with the zoning ordinance. Acting City Attorney Muhlfelder responded that a restaurant is an allowed use in that area, and that he questions Commissioner Hebard's foundation to substantiate his findings. Mr. Steve Piasecki of Rincon Avenue in San Jose appeared before the Commission to speak against the project. He stated that he is concerned about the number of fast-food restaurants in that area, the traffic and noise generated, and also the litter. Mr. Leonard Winston, Architect for the adjoining parcel appeared before the Commission to state that he did not quite understand Mr. Hebard's logic. r(Y."~~f-`'At this time Commissioner Hebard moved that S 77-47 be denied because of '~~ ,~.j~} finding that this development does not aid in the harmonious development of the immediate area, seconded by Commissioner Samuelson, and failed by the ~ following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Hebard, Campos, Samuelson Pack, Lubeckis, Dickson Vierhus At this time Commissioner Hebard moved for a continuance to the first meeting in January 1978 in order that a full Commission might be present, seconded by Commissioner Samuelson, and carried by the following roll call vote: AYES: Commissioners: Hebard, Campos, Pack, Samuelson, Lubeckis NOES: Commissioners: Dickson ABSENT: Commissioners: Vierhus -9- S 77-25 Continued application of Mr. Leonard Winston for Winston, L. W. approval of modifications to previously approved plans to construct a racquet club on property known as 108 S. San Tomas Aquino Road in a C-2-S (General Commercial) Zoning District. Mr. Kee stated that perhaps the Commission might want to also continue this item since it relates so closely to the application of Mr. Egide. Staff would recommend a continuance. Mr. Leonard Winston, architect for the applicant, appeared before the Commission to discuss the parking spaces required. Commissioner Hebard stated that if the item were continued he would like the staff to do a survey of the racquet ball facility on Salmar which would reflect the times of the day and the number of times observed regarding parking. Commissioner Samuelson moved that this item be continued to the first meeting in January 1978, seconded by Commissioner Pack, and unanimously adopted. At this time Chairman Dickson called for a short break. The meeting reconvened at 8:55 p.m. PUBLIC HEARINGS UP 77-17 This is the time and place for public hearing to Johnson, R. N. consider the application of Mr. Robert N. Johnson, Sr., fora use permit and approval of plans to construct a 5' addition to the rear of an existing residence located on property known as 8 23 Sunnyarbor Court in a P-D (Planned Development/Low-Density Residential) Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends approval of this minor addition to an existing residence. Mr. Kee stated that staff is recommending approval. At this time Mr. Kee put the plans up and explained the project. He stated that staff felt it was important for this to come before the Commission since there might be similar requests in the future. Chairman Dickson stated that he would like to see these types of things come before the Commission. Commissioner Pack asked if the Commission could be supplied with some criteria to use as a guideline for such applications. Chairman Dickson declared the public hearing open and invited anyone in the audience to speak for or against this item. -10- Mr. Hawks of 834 Sunnyarbor Court appeared before the Commission to speak in favor of this application. He stated that the Homeowner's Association meets regularly and this item had come up at one of the meetings- No one spoke against this project; in fact, everyone was in favor of it. Mr. Robert Johnson, applicant, appeared before the Commission to answer any questions they might have. No one else wishing to be heard, Commissioner Hebard moved that the public hearing be closed. This motion was seconded by Commissioner Pack and adopted. RESOLUTION N0. 1652 Commissioner Hebard moved that the Planning Commission adopt a Resolution recommending approval of a use permit and plans to construct a 5' addition to the rear of an existing residence located on property known as 823 Sunnyarbor Court in a P-D (Planned Development/Low-Density Residential) Zoning District, seconded by Commissioner Pack, and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Pack, Samuelson, Lubeckis, Dickson NOES: Commissioners: None ABSENT: Commissioners: Vierhus Commissioner Hebard moved that staff be directed to contact the Homeowners' Association with the thought of working with them to develop some type of guidelines and criteria to limiting or approving additions or modifications for future requests of this nature. This motion was seconded by Commissioner Pack, and unanimously adopted. UP 77-18 This is the time and place for public hearing to Allen, I. G. consider the application of Mr. Ian G. Allen on Wilkinson, W. B. behalf of William B. Wilkinson for use permit and approval of plans to operate a truck rental service in conjunction with an existing gas station located on property known as 770 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. Mr. Kee located this property for the Commission and stated that this is an existing Texaco Station. The applicant was notified the first part of November that this type of use was not allowed on the site, but that he could apply for a use permit. The staff recommendation is for denial at this location; this is consistent with past Commission policy and Council policy. Mr. Kee stated that first of all, this service station is non-conforming; and secondly, it has been past policy not to allow this type of use at service station locations. If it were found that it would be compatible with the area it might be approved by the Planning Commission. It was staff's finding that it would not be compatible with the uses of this area. Chairman Dickson declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Ian Allen, attorney for the applicant, appeared before the Commission to express his client's desires. He stated that he didn't quite understand the area requirement for a service station (nearly an acre). He explained that the truck rentals were for people who desired to move. He also stated that these trucks would be parked behind the building. He mentioned that if this request were not approved this might end up being an empty lot since it was not economically feasible for the applicant to have only the service station business. No one else wishing to be heard, Commissioner Pack moved that the public hearing be closed. This motion was seconded by Commissioner Samuelson and adopted. RESOLUTION N0. 1653 Commissioner Samuelson moved that the Planning Commission adopt a Resolution recommending denial of a use permit to operate a truck rental service in conjunction with an existing gas station located on property known as 770 West Hamilton in a C-2-S (General Commercial) Zoning District, seconded by Commissioner Pack, and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Pack, Samuelson, Lubeckis, Dickson NOES: Commissioners: None ABSENT: Commissioners: Vierhus At this time Mr. Kee informed the applicant that he has a 10-day period in which to appeal this decision to the City Council, and that the appeal must be in writing. PD 77-29 This is the time and place for public hearing to Anderson, E. H. consider the application of Mr. Eddie H. Anderson Experimental and Experimental Associates for approval of plans, Associates elevations, and development schedule to allow construction of an industrial building on property known as 90 Railway Avenue in a P-D (Planned Development/Industrial) Zoning District. Commissioner Campos reported that the applicant had met with the Architectural Review Committee this morning and found the site layout to be adequate; the building design is good and compatible with the area. The Committee is recommending approval subject to the conditions listed in the Staff Comment Sheet. Mr. Kee stated that staff is also recommending approval. -12- Chairman Dickson asked if there were anything unique about this lot. Mr. Kee responded that it is in a P-D Zoning District. Chairman Dickson declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Douglas Fanolio of Do nald R. James 1; Associates, Inc., 1835 S. 7th Street, San Jose, appeared before the Commission to state that all the conditions of approval were agreeable t o the architect. No one else wishing to be heard, Commissioner Pack moved that the public hearing be closed. This motion w as seconded by Commissioner Samuelson and unanimously adopted. RESOLUTION N0. 1654 Commissioner Campos moved that the Planning Commission adopt a Resolution recommending approval of the application of Mr. Eddie H. Anderson and Experimental Associates for approval of plans, elevations, and development schedule to allow construction of an industrial building on property known as 90 Railway Avenue in a P-D (Planned Development/Industrial) Zoning District, with the added condition that condition No. 4 be underscored, seconded by Commissioner Pack, and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Pack, Samuelson, Lubeckis, Dickson NOES: Commissioners: None ABSENT: Commissioners: Vierhus ZC 77-17 This is the time and place for public hearing to Pollard 77-7 consider the prezoning of properties proposed for annexation to the City of Campbell under proceedings known as Pollard 77-7 as R-M (Low-Medium Density Residential) Zoning District. Said properties are located at 440 and 480 West Hacienda Avenue. Mr. Kee stated to the Commission that they may recall having had this before them previously for a request in the change of the General Plan. At this time it is requested for a prezoning to R-M zoning. Chairman Dickson declared the public hearing open and invited anyone in the audience to speak for or against this item. No one wishing to be heard, Commissioner Samuelson moved that the public hearing be closed. This motion was seconded by Commissioner Pack and unanimously adopted. _13_ RESOLUTION No. 1655 Commissioner Samuelson moved that the Planning Commission adopt a Resolution recommending that the City Council adopt an ordinance approving prezoning of properties proposed for annexation to the City of Campbell under proceedings known as Pollard 77-7 as R-M (Low-Medium Density Residential) Zoning District (said properties located at 440 and 480 West Hacienda Avenue); seconded by Commissioner Hebard, and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Pack, Samuelson, Lubeckis, Dickson NOES: Commissioners: None ABSENT: Commissioners: Vierhus ZC 77-18 This is the time and place for public hearing Whiteoaks 77-8 to consider the prezoning of properties proposed for annexation to the City of Campbell under proceedings known as Whiteoaks 77-8 as R-3-S (High Density Residential), P-D (Planned Develop- ment) and R-1 (Single-Family Residential) Zoning Districts. Said properties are located at 1858, 1868, and 1880 Whiteoaks Road, and 3685 South Bascom Avenue. Mr. Kee stated that staff is recommending a portion of this area be zoned R-1 and another portion be zoned R-3-S. The total area is 3.2 acres which is presently zoned R-1-8 in the County. Mr. Kee noted that Parcel 71 has access to Whiteoaks Road and it is suggested that the entire lot be zoned R-l. The Land Use Element of the General Plan shows high density residential for Parcel 114. Chairman Dickson declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Gregory Knapp, owner of 1856 and 1858 Whiteoaks Road appeared before the Commission to express his objection to the high density zoning. He stated that he had just built a single-family residence on Parcel 71. Mr. Joseph Dunaway of 1868 Whiteoaks Road appeared before the Commission to also express his objection to the high density zoning. He felt there would be a problem of privacy if a two-story development were to be constructed. Mr. Charles Shepardson, developer of Parcels 114 and 119, appeared before the Commission to explain that he planned to develop both Parcels 114 and 119 together, and stated that he would be happy to answer any questions the Commission might have. No one else wishing to be heard, Commissioner Pack moved that the public hearing be closed. This motion was seconded by Commissioner Lubeckis and unanimously adopted. -14- Commissioner Hebard stated that there are several areas in the city that have high density next to low density. The Commission tries to recognize the incompatibility of these two uses, and makes every effort to see that they are as compatible as possible. Commissioner Pack stated that she has been against high density residential in this area. She had voted no on the last prezoning of this nature knowing that it was against the General Plan. At this time she asked the City Attorney if he could advise her how to vote on this. The Acting City Attorney advised Commissioner Pack that she could vote no on this item. At this time Chairman Dickson relinquished his chairmanship to vice-chairman Pack to make the following motion: RESOLUTION N0. 1656 Commissioner Dickson moved that the Planning Commission adopt a Resolution recommending that the City Council adopt an ordinance approving a prezoning of properties proposed for annexation to the City of Campbell under proceedings known as Whiteoaks 77-8 as R-3-S (High Density Residential) and R-1 (Single-Family Residential) Zoning Districts (said properties located at 1858, 1868, and 1880 Whiteoaks Road, and 3685 South Bascom Avenue); seconded by Commissioner Lubeckis, and adopted by the following roll call vote: AYES: Commissioners: Campos, Hebard, Dickson, Lubeckis NOES: Commissioners: Samuelson, Pack ABSENT: Commissioners: Vierhus PD 77-20 This is the time and place for continued public hearing Central 93 to consider the application of Mr. William H. MacLaughlin Associates and the Central 93 Associates for: (1) approval of revised usage of an existing commercial development, (2) a revised parking design, and (3) plans, elevations and development schedule to allow construction of a two-story parking structure located on property known as 33 and 93 S. Central Avenue in a P-D (Planned Development/Commercial) Zoning District. Chairman Dickson explained that this item had been continued from the November 15, 1977 Planning Commission meeting. Commissioner Campos reported that the applicant had met with the Site and Architectural Review Committee this morning. Staff displayed the plans in order that the Commission would have an opportunity to look the plans over more closely. Commissioner Campos stated that the Architectural Review Committee was satisfied with the plans, elevations, and design. However, -t5- there were two items which. the Committee felt should be brought to the Commission's attention. The first item concerned a "right turn only" sign to be installed; the second concern was regarding whether larger type vehicles would be able to make turning movements in the parking structure. It is the Committee's recommendation that if this project is approved, these items can be resolved once the project is completed. .Staff has advised the Committee that if a "right turn only" sign is warranted it would be installed at the time of completion. Commissioner Pack inquired if egress from only the west side of the lot had been discussed. Commissioner Campos responded that it had not been discussed. Mr. Helms stated that he did not believe it would be possible since the railroad tracks are to the immediate east. Commissioner Lubeckis inquired if the parking structure was attached in any way to any of the existing buildings. Mr. Kee responded that it would not be; however, there would be a trellis which would be in the walkway. Commissioner Campos reported that the Committee is recommending approval subject to the conditions recommended by staff with the exception of Condition No. 2 which the Committee felt should be referred to the Commission. At this time Mr. Kee explained the background of this project, and stated that staff is recommending approval of the overall project. He made it clear to the Commission that staff's concern is that in the event the parking structure is not constructed, a serious problem might be created in terms of the gross area of the building in relation to the parking available. Commissioner Hebard inquired as to how many parking spaces the new structure would have. Mr. Kee responded that there would be 154 spaces on the first level and 161 spaces on the upper level; there are presently 306 spaces, the total number of future spaces would be 466. Commissioner Hebard inquired if a study had been made on the noise impact of the parking structure. Mr. Kee stated that a Negative Declaration had been filed, but a noise study had not been made. Chairman Dickson declared the public hearing open and invited anyone in the audience to speak for or against this time. Mr. Jim Lyle of Pacific Design Group, architect for the applicant, appeared before the Commission to explain the position of The Factory and Central 93• -16- He stated that the staff's alternative B, as stated in the Staff Comment Sheet, was agreeable to the applicant with a modification in the wording that rather than "in an area approved by the Planning Commission"' the applicant stated that he wished the alternative to read: "If the Parking District fails, the applicant will build the parking structure at that location within one year." The applicant has no objection to the signing of an agreement; however, if it were to be recorded with the Recorder this would place a cloud on the financial aspects and therefore he wished to be relieved of that condition. Mr. Lyle wished to clarify that the use as an existing restaurant could be used, but no additional restaurants are accepted. Mr. Kee stated that the desires expressed by Mr. Lyle seemed reasonable to staff, and suggested that a time limit be placed. Much discussion ensued regarding the conditions, noise study, and restaurant uses. Mr. Bill MacLaughlin, applicant, appeared before the Commission. He stated that he is willing to construct the parking structure if the Parking District fails and assured the Commission that they did not plan to lease additional space until completion of the parking structure. Mr. Kee stated to the Commission at this time that the Architectural Advisor had also recommended approval of these plans at the Architectural Review Committee meeting of this morning. No one else wishing to be heard, Commissioner Hebard moved that the public hearing be closed. This motion was seconded by Commissioner Pack and unanimously adopted. ORIGINAL RESOLUTION Commissioner Samuelson moved that the Planning Commission adopt a Resolution recommending approval of the appli- RESOLUTION N0. 1657 cation of Mr. William H. MacLaughlin and the Central 93 Associates for: (1) approval of revised usage of an existing commercial development, (2) a revised parking design, and (3) plans, elevations, and development schedule to allow construction of a two-story parking structure located on property known as 33 and 93 S. Central Avenue in a P-D (Planned Development/Commercial) Zoning District with Condition No. 2 to read as follows: "Provide an agreement satisfactory to the City Attorney that in the event the proposed parking district for this area fails, the parking structure shall be constructed at the owners expense within one year of ordinance approval by the City Council." -17- AMENDED RESOLUTION Commissioner Hebard moved to amend the original motion to include a condition requiring a noise study as to what changes must be made to control the noise affecting the neighborhood to the west and the south, seconded by Commissioner Samuelson, and failed by the following roll call vote, with Commissioner Pack abstaining because of a possible conflict of interest. VOTE ON AMENDED MOTION AYES: Commissioners: Hebard, Samuelson, Dickson NOES: Commissioners: Campos, Lubeckis ABSENT: Commissioners: Vierhus ABSTAIN: Commissioners: Pack VOTE ON ORIGINAL MOTION AYES: Commissioners: Hebard, Campos, Pack, Samuelson, Lubeckis, Dickson NOES: Commissioners: None ABSENT: Commissioners: Vierhus MISCELLANEOUS Staff Report ABAG Environmental Management Plan Mr. Kee stated that there would not be a problem of discussing this and answering any questions at the next Commission meeting since there is time before it must be considered by the City Council. Commissioner Hebard moved that this item be continued to the first meeting in January 1978, seconded by Commissioner Campos, and unanimously adopted. Nomination of Officers for Planning Commission 1978 Chairman Dickson called for nominations for Chairman of the Planning Commission for 1978• At this time Commissioner Hebard nominated Peggy Pack as Chairman for 1978, seconded by Commissioner Lubeckis. -18- Commissioner Samuelson moved that nominations for Chairman be closed, seconded by Commissioner Lubeckis, and unanimously adopted. Chairman Dickson called for nominations for Vice Chairman for 1978. Commissioner Pack then nominated Carl Samuelson as Vice Chairman for 1978, seconded by Commissioner Lubeckis. Commissioner Lubeckis moved that nominations for Vice Chairman be closed, seconded by Commissioner Hebard, and unanimously adopted. It was announced that a white ballot vote would be held at the next Planning Commission meeting. Aerial Photos Commissioner Hebard mentioned at this time that the aerial photos previously included in the agenda packets were quite helpful and wondered if there might be some way to obtain them in the interim period while the Public Works blueprint machine is down. Mr. Kee stated that staff is presently looking into the situation and checking with San Jose Blueprint regarding costs. Commissioner Hebard moved that the request for aerials to be included in the agenda packets be forwarded to the City Council in order that this might help speed up the assembling of the Public Works blueprint machine Commissioner Hebard then inquired if the Commission could be supplied with copies of Negative Declarations on future applications to be included in the agenda packets. Mr. Kee stated that this will be done in the future. Study Session with City Council Commissioner Samuelson mentioned that he would like the subject of increase in apartments brought up at the joint study session with the City Council (specifically speaking of the area off of Apricot Avenue). He also mentioned that the Sign Review Committee would like some direction from the Council on guidelines. -lg- ADJOURNMENT Commissioner Samuelson moved that the be adjourned, seconded by Commissioner and unanimously adopted. The meeting at 11:40 p.m. meeting Dickson, was adjourned APPROVED: J. DuWayne Dickson, Chairman ATTEST: Arthur A. Kee, Secretary RECORDED: Jeannine Wade, Recorder -20-