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PC Min 10/04/1977PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY 7:30 P. M. MINUTES OCTOBER 4, 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, Vierhus, Pack, PRESENT Samuelson, Lubeckis, Dickson, Secretary Arthur A. Kee; Senior Planner Philip Stafford; City Attorney J. Robert Dempster; Engineering Manager Bill Helms; Recording Secretary Jeannine Wade. ABSENT None. COMMUNICATIONS Commissioner Hebard asked that before the approval of minutes of the September 20, 1977 meeting, he would like to ask a few questions regarding the Statement of Economic Interests Form 721 which had been distributed to the Commission by Staff. He wondered why they are having to be filled out now, and wanted to know if the Commission was at the present time in violation. Mr. Kee advised that it was his understanding that this form was to be filled out on a yearly basis, but that the Commission had not been notified to file this year. He stated that this was a Staff error. It is a legal requirement that this form be filed yearly in April. Commissioner Pack indicated that she had Form 716 to fill out and wondered which of the two forms was the correct form to be filled out and filed. Mr. Kee stated that it was his understanding that Form 721 is the form that should be filed this year, and felt the Commission should file this form. Commissioner Hebard was concerned about the fact that since these forms had not been filed, were the Commissioners legally seated at this meeting. He also asked if there might be a cover letter from the City Clerk or City Attorney, or both, transmitting the Statements of Economic Interests for the Commissioners explaining why the filing had not taken place in Apri 1. City Attorney Dempster stated he felt that the Commission was not in violation by being seated now, but that he did not have a legal opinion at this time. He stated that he would have a legal opinion for the Commission by the next meeting. In the meantime, the Commissioners should file, and he had no problem with preparing a transmittal letter. At this time Mr. Kee passed out instructions to the Commissioners explaining haw to fill out Form 721. Mr. Kee then mentioned to the Commissioners that he had passed out a communication which relates to item No. 5 on the agenda, and that it would be discussed in sequence. APPROVAL OF MINUTES: Commissioner Campos moved that the minutes of the September 20, 1977 meeting be approved, seconded by Commissioner Vierhus and adopted, with Commissioner Pack abstaining. QUESTIONS REGARDING STAFF RESPONSIBILITIES Commissioner Vierhus read into the record questions he had related to staff responsibilities in conflict of interest matters which he felt should be asked of the City Council. (Commissioner Vierhus' questions are attached to these minutes.) Commissioner Hebard stated that he would be in favor and support these questions being asked of the City Council. ' Commissioner Uierhus moved that the attached questions be submitted to the City Council, seconded by Commissioner Hebard and adopted, with Commissioner Campos voting no and Commissioner Pack abstaining. ARCHITECTURAL APPROVALS "S" 77-35 Continued application of Mr. Alec G. Osachoff, Osachoff, A. G. and DMI and Associates on behalf of Mini-Skools Mini-Skools Ltd. for approval of plans to construct a day care nursery on property known as 241 Sunnyoaks Avenue in a C-2-S (General Commercial) Zoning District. As outlined in the staff report, Mr. Kee stated that it is recommended to continue this item to the next regular meeting of the Planning Commission. Commissioner Hebard moved to continue this item to the next regular meeting of the Planning Commission, seconded by Commissioner Samuelson, and carried with Commissioner Pack abstaining. "S" 77-38 Application of Mr. Jack H. Craig for approval Craig, J. H. of plans to construct a warehouse building on property knavn as 1334 Dell Avenue in a CM:B-20 (Controlled Manufacturing) Zoning District. Commissioner Campos reported that the Architectural Review Committee met with the staff and applicant, and after reviewing the plans felt that the building is not compatible to the area. The Architectural Advisor -2- recommended that revised plans be submitted. The Committee recommended that a continuance of thirty (30) days be granted. Commissioner Hebard moved to continue this item for 30 days, seconded by Commissioner Samuelson, and unanimously carried. "S" 77-40 Application of Terry L. Faylor and Ultra Pure Faylor, Terry L. Systems, Inc., for approval of plans to construct Ultra Pure an outdoor treatment tank facility and to convert Systems, Inc. a warehouse building into an industrial building on property known as 1150-G Dell Avenue in an M-1-S (Light Industrial) Zoning District. Commissioner Campos reported that the Architectural Review Committee met with the staff and applicant. The Fire Marshal was also in attendance. The Committee, after reviewing the plans, recommended approval with the added condition recommended by the Fire Marshal that a certification be made by an outside agency as to the safety aspects of this project. Commissioner Campos felt the Commission should have the benefit of hearing from the applicant to see what will be placed in that area since this type of project is a first for the City of Campbell. Mr. Joel Sheinmel, Vice President of Ultra Pure Systems, Inc., appeared before the Commission. He stated that Ultra Pure Systems, Inc., is currently located on Dell Avenue and they are requesting an expansion of the current facility. They wish to construct an Ion Exchange Resin Regeneration Plant. Ion Exchange Resins are chemicals used for removing minerals from water. The equipment will consist of chemical holding tanks, demineralized water treatment equipment and storage, regeneration tanks, and neutralization tanks. Chairman Dickson asked how the area would be enclosed. Mr. Sheinmel answered that several precautions have been taken in that area. This area will be enclosed by an 8-foot fence, and a concrete wall surrounds all of the chemical tanks. These tanks are steel and completely lined. He stated that none of the chemicals are flammable nor oxidizing agents. Commissioner Pack was concerned about any fumes being given off, and Mr. Sheinmel assured her that no fumes would escape since these tanks are sealed. Commissioner Hebard asked if this is the Soft Master building, and wondered if there were any signs on the property. Mr. Sheinmel replied that this is behind the Soft Master building, and that there is an existing small "Soft Master" sign. He stated that they would be activating a fire line along Lost Lake Lane to supply fire servi ce. -3- Commissioner Hebard stated that Soft Master has a non-conforming sign and that they should be prepared to remove it. Mr. Sheinmel indicated that there would be no problem in removing the sign. Chairman Dickson wondered if the City Code allowed a treatment facility of this nature in this zoning. Mr. Kee replied that it would be a permitted use in an M-1 zone. Commissioner Hebard stated that he preferred to continue this to the next meeting in order that conditions could come before the Commission with an added condition for the removal of the sign. Mr. Kee stated that the standard conditions would be applicable, and mentioned that the staff's original recommendation was for a continuance. Commissioner Hebard moved that this item be approved subject to the following conditions: Conditions of Approval - "S" 77-40 1. Removal of existing "Soft Master" sign. 2. Property to be fenced and landscaped as indicated ~d as added in "red" on plans. 3. All mechanical equipment located on roofs shall be screened as approved by the Planning Director. 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 applica- tion 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 apart- -4- ment 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 meet all State requirements for the handicapped. Fire Department H. Applicant to provide assurance, satisfactory to the Fire Department, that the storage of chemicals used in this operation will be at a safe distance apart. The chemicals used in this operation will react violently with each other or with water during a fire. I. Provide an on-site fire hydrant system. J. Provide 2A-IOBC fire extinguishers. Building Department K. Plans shalt be submitted to Building Department on all interior partitions and remodeling. 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 carried. "S" 77-42 Application of William Whitney for approval Whitney, William of plans to construct a skateboard park at 2155 South Bascom Avenue in a C-2-S (General Commercial) Zoning District. Commissioner Campos reported that the Architectural Review Committee met with the staff and applicant and reviewed the proposed plans to construct a skateboard park. The Committee recommends approval subject to the conditions recommended by staff. Commissioner Pack announced that she will be abstaining on this item due to a conflict of interest and stated that she will be leaving the Council Chambers during discussion on this item. Commissioner Pack left the Council Chambers at 8:25 p.m. Mr. Kee stated that staff also recommends approval of this item. The Use Permit was previously approved by the Planning Commission, and one of the conditions of approval was that site approval plans be brought back. This has been done, and the Architectural Advisor is recommending approval. The plans are now compatible with the area. - 5- Commissioner Lubeckis asked if the applicant was planning to install pinball machines and facilities for refreshments, and wanted to know if this was going to also be a penny arcade. Mr. Mike Phelan, representing the applicant, appeared before the Commission. Mr. Kee explained that the applicant would be limited in the number of pinball machines to be installed, and this would have to be approved by the Police Department since a permit would be required. Commissioner Hebard reminded the Commission and staff that the Use Permit was approved for a skateboard park, and wanted to know if the staff was satisfied with the controls. Mr. Kee stated that the original plans did indicate there would be some machines within the building, and staff was not aware that this might be a problem. An arcade is described in the ordinance as 10 or more amusement devices, anything less than that would fall under the jurisdiction of the Planning Director. Mr. Phelan stated that there would be refreshments available for the patrons. Commissioner Lubeckis felt that having the pinball machines at the park would create a potential problem, and wanted to go on record as such. Mr. Phelan stated that some questions about safety had previously been mentioned. He introduced three skateboard enthusiasts who were wearing safety gear (knee pads, elbow pads, gloves, head gear, and shoes). Commissioner Campos inquired if this gear would be required of all skateboarders. Mr. Phelan responded that it was required, and the patrons could rent this gear from the establishment if they did not own any. Commissioner Samuelson moved that "S" 77-42 be approved subject to the following conditions: 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 permi t. 3. Landscaping shall be maintained in accordance with the approved landscape plan. -6- 4. 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. 5. All mechanical equipment located on roofs shall be screened as approved by the Planning Director. 6. On-site lighting to be approved by the Department of Public Works. 7. No Public Address system or exterior music system will be allowed. 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 appli- cation 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 apart- ment units, to all commercial, business, industrial, manufacturing, and construction establishments. F. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level. G. Applicant shall meet State requirements for the handicapped Public Works Department H. Process and file a parcel map to combine two lots. - 7- I. Provide a copy of the preliminary title report. J. Pay balance of storm drainage area fee ($869). K. Provide grading and drainage plan. L. Obtain an excavation permit to remove existing driveway and replace with sidewalk, and plant one street tree. 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 carried with Commissioner Hebard opposing, Commissioner Lubeckis abstaining, and Commissioner Pack absent. Commissioner Pack returned to the Council Chambers at 8:35 p.m. At this time the Commission took a short recess. The meeting reconvened at 8:45 p.m. PUBLIC HEARINGS PD 75-4 This is the time and place for continued Campbell Building public hearing to consider the application and Investment of the Campbell Building and Investment Company, Inc. Company, Inc., for approval of plans, eleva- tions and development schedule to allow construction of an office building on property known as 54 N. Central Avenue in a P-D (Planned Development/Commercial) Zoning District. Mr. Phil Stafford reported that the staff recommendation had been denial without prejudice; however, since a letter from the applicant, dated October 3, 1977, was received requesting a continuance until the first meeting in January, the Commission may want to honor this request. Chairman Dickson read the letter aloud. Commissioner Hebard moved that this item be continued to the first meeting in January 1978, seconded by Commissioner Pack, and unanimously carried. PD 77-24 This is the time and place for continued public Bosholm, P. W. hearing to consider the application of Mr. Paul W. Bosholm for approval of plans, elevations and development schedule to allow construction of a 57-unit, single-family patio home style subdivision on property known as 601 E1 Patio Drive in a P-D (Planned Development/High Density Residential) Zoning District. - 8- Commissioner Pack announced that she will abstain on this item, due to a possible conflict of interest. She stated that her husband's firm, E. L. Pack Associates, Inc., did perform a noise study and submitted a report (which was paid for) as part of the EIR that was required for a previous project on this parcel. She mentioned that the applicant is using the noise study from the EIR without her husband's firm's knowledge and permission, and the report may or may not apply to this project. Commissioner Pack then left the Council Chambers. Mr. Kee stated that staff recommended approval of the plans, elevations, and development schedule subject to the listed conditions. Commissioner Campos inquired as to how Commissioner Pack's statement relates to this project. Chairman Dickson replied that the noise study has been prepared on a previous application, not this application. Mr. Kee stated that he is not sure that a noise study is required on this application. It is a different kind of use. However, if the Commission would like to have one considered, an additional condition could be applied. If it were approved this evening there would not be a condition fora report. Commissioner Samuelson stated he could not see the necessity for a noise study in a single-family residential area. Mr. Kee stated that State requirements will require that there be certain things done along the freeway to assure noise standards are within a certain range. It was Mr. Kee's understanding that this would go before the Building Department. There is no particular condition recommended on this item fora noise study. Chairman Dickson inquired as to whether there was a sound wall in that area next to the freeway. At this time Mr. Paul Bosholm, the applicant, appeared before the Commission. He stated that the property is still owned by the property owners that were involved with the previous application. He indicated that he had supplemented the E. L. Pack Associates, Ine., sound report with a report from his office and submitted it to the Planning Department. He indicated that there would be a 6-foot sound barrier along the freeway, and a 6-foot barrier along the south property line. Mr. Kee stated that condition No. 1 would require that the fencing plan be approved by the Planning Department, and it would include what is shown on the current plan (at this time Mr. Kee located this on a current plan), and he explained the details of the project. Mr. Bosholm said that his report spoke to the architectural solution of the project, i.e., type of materials and construction. Mr. Pack's report spoke to the land and surrounding noise, it did not talk about the construction or type of materials used. -9- At this time Mr. Helms presented a traffic circulation report on this item, as requested at the September 20, 1977 Commission meeting. He stated that the existing access to the property would be from Campbell Avenue via Page Street and Poplar Avenue. The staff took the position at the last meeting that the existing street system is adequate to provide a satisfactory level of service to this development. Foote Avenue currently extends from Campbell Avenue to the Nelson property. We are ultimately looking at cul-de-sacing that street. Page Avenue, on the other hand, currently extends northerly and connects to Maple and Hawthorne. There is an existing dedicated right of way between E1 Patio and Hawthorne that covers half the distance. We would propose that at some future time, when the Nelson property develops, the extension of Page Avenue from Hawthorne to El Patio. This would provide for two independent street systems to service this area with connection to Campbell Avenue. Approximately 500 cars per day would be generated. Poplar Avenue would have to carry this traffic between E1 Patio and Hawthorne. Commissioner Hebard asked about parking on Page Avenue. Mr. Helms replied that all of the streets are substandard. Normally, 40 feet from curb to curb would be required. At this time Hawthorne, which is fully improved, is 34 feet (as are Maple and Poplar). Page Street is 34 feet from curb to curb in the area north of Maple, then narrows to 28 feet. Currently, we have allowed parking on both sides and two-way traffic. It would be our proposal to preclude on-street parking on Page Street between Maple and Campbell. Commissioner Hebard thanked Mr. Helms for his report. 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 Vierhus moved that the public hearing be closed. This motion was seconded by Commissioner Samuelson, and adopted, with Commissioner Pack absent. RESOLUTION N0. 1640 Commissioner Hebard moved that the Planning Commission adopt a Resolution recommending approval of the plans, elevations and develop- ment schedule to allow construction of a 57-unit, single-family patio home style subdivision on property known as 601 E1 Patio Drive in a P-D (Planned Development/High Density Residential) Zoning District, and that a traffic study report be given to the City Council at the same time this item is presented, seconded by Commissioner Lubeckis, and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Lubeckis, Dickson NOES: Commissioners: Samuelson ABSENT: Commissioners: pack -10- Commissioner Pack returned to the Council Chambers at 9:05 p.m. UP 77-12 This is the time and place for continued public Bartell, N. hearing to consider the application of Elfer, E. Mr. Norman Bartell and Mr. Ed Elfer for a use permit and approval of plans to convert an existing residence into an office on property known as 69 E. Hamilton Avenue in a P-0 (Professional Office) Zoning District. Mr. Kee reported that the staff recommendation is for denial of the plans, as presented, or a continuance. Staff did not receive revised plans as had been requested. Commissioner Hebard inquired as to what effect a denial without prejudice would have. Mr. Kee indicated that it would have to be removed from the agenda unless we specified he put it back on the agenda without a fee. Commissioner Samuelson moved that this item be continued for 30 days, which would put it back on the agenda for the first meeting in November, seconded by Commissioner Campos, and unanimously carried. ADJOURNMENT Commissioner Samuelson moved that the meeting be adjourned, seconded by Commissioner Lubeckis, and unanimously adopted. The meeting was adjourned at 9:10 p.m. APPROVED: J. DuWayn Dickson, Chairman ATTEST: Arthur A. Kee, Secretary RECORDED: Jeannine Wade, Recorder