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PC Min 07/19/1977PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY 7:30 P.M. MINUTES JULY 19, 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 Present Commissioners: Hebard, Campos, Vierhus, Samuelson, Lubeckis, Vice Chairman Pack; Secretary Arthur A. Kee, Senior Planner Bruce Powell; City Attorney J. Robert Dempster; Engineering Manager Bill Helms, Recorder Phyllis Acker. Absent Chairman Dickson. APPROVAL OF MINUTES Commissioner Hebard corrected the July 5, 1977 minutes page 11, T. S. 77-10, to indicate that he abstained from voting. Chairman Pack corrected the minutes on page 9, second paragraph, to indicate the speaker as Ms. Jeanine Knight. Commissioner Hebard moved that the minutes of the regular meeting of July 5, 1977 be approved as amended. seconded by Commissioner Samuelson and unanimously adopted. COMMUNICATIONS Vice Chairman Pack extended the Commission's congratulation to Phyllis Acker on her appointment as City Clerk. Mr. Kee reported that the only communications received relate to specific items on the agenda. ARCHITECTURAL APPROVALS S. A. 77-10 Continued revised sign application for Mr. Hernandez Ft. Worth, Texas advertising Ft. Worth, Texas located on property known as 1545 West Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Commissioner Campos repor ted that the applicant did not appear at the Architectural Review Committee meeting. The committee reviewed the revised sign and recommends app rova 1 . Commissioner Hebard moved that the revised plans for Ft. Worth, Texas be approved, seconded by Commissioner Vierhus and unanimously adopted. PUBLIC HEARINGS UP 77-10 This is the time and place for public hearing to Fischer, G. C. consider the application of Mr. Gordon C. Fischer for a use permit to allow conversion of part of an industrial building into a restaurant and bar as provided in Section 21.32.040 (1) of the Zoning Code. Said conversion is proposed fora building being constructed on property known as 1040 Dell Avenue in a M-1-S (Light Industrial) Zoning District. Vice Chairman Pack asked Mr. Kee for his comments. Mr. Kee advised that the applicant has requested a continuance to the next regular meeting so he can submit revised plans. Vice Chairman Pack declared the public hearing open and asked if anyone in the audience wished to be heard. Commissioner Vierhus moved that UP 77-10 be continued to the August 2, 1977 meeting, seconded by Commissioner Lubeckis and unanimously adopted. ZC 77-11 This is the time and place for public hearing Bothwell, D. E. to consider the application of Mr. Donald E. Bothwell Traina, A. and Mr. Anthony Traina for a change of zoning from R-2-S (Multiple Family Residential - Medium-Density) to P-D (Planned Development - Medium Density Residen- tial) to allow construction of townhouses in lieu of apartments on property known as 202 and 216 West Rincon Avenue. Vice Chairman Pack asked Mr Kee for his comments. Mr. Kee advised that on April 19th the Commission approved plans to construct a six-unit apartment complex on this property. The applicant wishes to change the zoning on the property to P-D and sell the units as townhouses. The zone change would be required because of the setback and lot size requirements of the R-2-S Zoning District. The applicant is proceeding with the building permit request and if the Commission and Council do not approve the zone change, he would continue on with the construction of the apartment complex. The plans would have to be part of the PD Ordinance in order that the units could be owner occupied. Staff recommends approval of the zone change to P-D. Vice Chairman Pack asked if the apartments were being constructed in such a manner that they could be approved for townhouses. Mr. Kee advised that they would meet all the structural requirements for town- houses. The plans have been reviewed by the Building Department. Uice Chairman Pack declared the public hearing open and asked if anyone wished to speak for or against the application. Mr. Rushing, 207 Cherry Lane, resident of the adjacent property, spoke concerning some of the structural features of the proposed buildings, such as windows, stairways. Mr. Kee suggested that there be a brief recess so the neighbors could review the plans. Vice Chairman Pack declared a recess at 750 p.m. Meeting reconvened at 8:00 p.m. Mr. Kee advised that the main concern of the adjacent property owners was the plact ment of windows adjacent to the southerly property line. Mr. Kee reviewed the site plan and advised that there would be parking spaces along the southerly property line. The property is zoned for multi-family residential and plans for an apartment complex have been approved on the site. There would be a minimum 6 foot fence required a.nd this will be reviewed when the landscape and fencing plans are submitted. The owner of the property to the west has agreed to go with Mr. Bothwell in asking for the PD Zoning and plans would need to come back before the Commission and City Council for development of the parcel to the west. Vice Chairman Pack asked if anyone else wished to be heard. There being no one wishing to speak further, Commissioner Hebard moved that the public hearing be closed, seconded by Commissioner Lubeckis and unanimously adopted. RESOLUTION No. 1624 Commissioner Hebard moved that the Planning Commission adopt Resolution No. 1624 recommending that the City Council adopt an ordinance approving ZC 77-1, application of Mr. Donald E. Bothwell and Mr. Anthony Traina, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Samuelson, Lubeckis, Vice- Chairman Pack. NOES: Commissioners: None. ABSENT: Commissioners: Dickson. RESOLUTION No. 1625 Commissioner Hebard moved that the Planning Commission adopt Resolution No. 1625 recommending that the City Council adopt an ordinance approving the plans, and elevations as per the application of D. E. Bothwell and Anthony Traina on property known as 216 West Rincon Avenue subject to the conditions recommended by staff, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard,Campos, Vierhus, Samuelson, Lubeckis, Vice- Chairman Pack. NOES: Commissioner None. ABSENT: Commissioner Dickson. ZC 77-12 This is the time and place for public hearing to conside Woolworth, R. A. the application of Mr. Ronald A. Woolworth and Coleman, Coleman, Myers ~ Williams Myers and Williams Construction Company for: (1) a Construction. change of zoning from R-2-S Multiple Family Residential) Medium Density) to P-D Planned Development - Medium Density Residential) and (2) approval of plans, elevations, and deve,hopment schedule to allow constructi of twenty-two cluster homes and sixteen townhouses on property known as 681 West Hacienda Avenue. Vice Chairman Pack asked Mr. Kee for his comments. Mr. Kee presented a plan showing tl~e location of the subject property and the - 3 - location of buildings on the site. The applicant is requesting the zone change from R-2-S to P-D to allow the construction of 22 cluster homes and 16 townhouses on a 2.535 acre parcel. The applicant is providing 94 parking spaces. There is a two-car garage for each unit and 18 uncovered spaces along the two-east-west driveways. The staff recommends approval of the zone change and the plans as presented. Commissioner Campos reported that the applicant met with the Architectural Review Committee. The committee and Architectural Advisor are of the opinion that the buildings are well designed. The R-2 density would allow a higher density than what is being proposed. There could be a development of 50 units on the site, and the developer is proposing 38 units. There is ample parking for owners and guests and the traffic pattern is well designed. The Architectural Advisor is of the opinion that the buildings are well designed, with good articulation and building massing. Commissioner Hebard asked if the plans indicated an access to Hacienda Avenue. Mr. Kee advised that there is a driveway indicated on the plans, and he asked that the developer respond. Mr. Rodger Griffin, representing the designer, Dick Finnegan, advised that the driveway has been provided as an extra driveway - it is not required by the Fire Department. They felt that it would be a benefit, but if it is a problem, they would be agreeable to closing it off. Mr. Griffin reviewed the site layout and the cluster and townhouse units. He advised there would not be a common living wall in the entire cluster developm .. Vice Chairman Pack asked Mr. Helms for his comments regarding the driveway indicated on the plans to the west. Mr. Helms advised that he would agree with the developer in that it would not seem to be necessary. Commissioner Campos stated that, in his opinion, if the driveway is not necessary it should be removed. There is enough traffic on that street now from the existing apartment developments. Mr. Griffin suggested that a condition could be placed on the approval that the driveway be used as an emergency access for fire protection. Vice Chairman Pack declared the public hearing open and asked if anyone wished to .speak for or against the application. Mr. Richard Slauter, 705 Hacienda, asked about the fencing of the property. Mr. Kee advised that there would be a six foot fence along 544 feet of the west property line. This would be a wood fence. There would be a four foot planter strip and then the driveway that would provide access to the townhouses. Mr. Joe Carnesecc, 725 Hacienda asked about the proposed sewer line that is gc~ ~ to serve this project. Mr. Griffin advised they were not proposing a neHr sewer line - there is one in Hacienda Avenue that .they will tie into. Commissioner Hebard moved that the public hearing be closed, seconded by rnmmtSSlnn2r Lubeckis and unanimously adopted. RESOLUTION No. 1626 Commissioner Hebard moved that the Planning Commission adopt Resolution No. 1626 recommending that the City Council adopt an ordinance approving ZC 77-12,, seconded by Commissioner Campos and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Samuelson, Lubeckis, Vice Chairman Pack. NOES: Commissioners: None. 9BSENT: Commissioner Dickson. RESOLUTION No. 1627 Commissioner Hebard moved that the Planning Commission adopt Resolution No. 1627 recommending that the City Council adopt an ordinance approving the plans, elevations, and development schedule as per the application of R. A. Woolworth, Coleman,Myers and Williams Construction, subject to the conditions recommended by staff and with the added condition that the driveway entering from Hacienda Avenue either be eliminated or reduced to an emergency access only, seconded by Commissioner Campos and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Samuelson, Lubeckis, Vice Chairman Pack. NOES: Commissioner None. ABSENT: Commissioner Dickson. MISCELLANEOUS Mr. Kee advised there were people in the audience waiting to be heard on Items 7, 8, and 9 on the agenda and suggested that Items 5 and 6 be taken up following consideration of those items. Vice Chairman Pack advised that the next item for discussion would be Item #7, request of W. C. Hagen for an adjustment in the side yard setback requirement from g'-O" to 5'-O" to allow a second story addition on property known as 53 Shereen Place in a R-1 Zoning District. Mr. Kee advised that the subject property is located within the Dura Style Sub- division which was constructed with a unique setback design and he reviewed the proposed addition. In staff's opinion the addition will create a cramped appear- ance in relation to other developments in the area and will decrease the effective openness of the adjoining side yard. Mr. Kee advised that the property owner to the south has no objection to the addition. Commissioner Hebard stated that it was difficult for him to visualize what it is going to look like without some elevations. Vice Chairman Pack concurred and suggested that the matter be referred to the Architectural Review Committee fora recommendation. Vice Chairman Pack asked the applicant if he wished to be heard. -5- Mr. William C. Hagen, 53 Shereen Place, stated that the lot adjacent to his property has its usable side yard on the opposite side and he briefly reviewed the ,proposed second story addition. After some further discussion, Commissioner Hebard moved that the request of Mr. William C. Hagen for an adjustment in the side yard setback requirement on property known as 53 Shereen Place be referred to the Architectural Review Committee and that the matter be continued to the August 2 meeting, seconded by Commissioner Samuelson and unanimously adopted. Staff Report Communication: UP 76-5 _ Campbell Community Hospital 18 East Hamilton Avenue Vice Chairman Pack asked Mr. Kee for his comments. Mr. Kee advised that the Campbell Community Hospital was granted a Use Permit to allow construction of a medical-dental building on property known as 18 East Hamilton Avenue. Parking for this development was to be provided on four parcels located on Esther Avenue. A letter has been received from owners of three of these parcels advising that they are no longer available to the hospital. Staff recommends that the Planning Commission set a public hearing for August 16, 1977 to consider revoking the Use Permit adopted by Resolution #1588. Commissioner Hebard moved that the Planning Commission seta public hearing for the August 16, 1977 meeting to consider the revocation of Use Permit 76-5, seconded by Commissioner Samuelson and unanimously adopted. Staff Report Communication: PD 77-6 Millen, Richard B. 450 Union Avenue Vice Chairman Pack asked Mr. Kee for his comments. Mr. Kee presented the plans that were previously approved and the proposed landscaping. The applicant wished to construct an approximate 10'-0" by 12' - 0" concrete patio in the rear yard of each of the units. Staff recommends approval subject to the patio size being reduced to 8'-0" by 8'-0", or allow a planter strip of at least five feet around the patio areas. The applicant is in agreement and staff recommends approval. Commissioner Campos advised that the Architectural Review Committee reviewed the plans and also recommends approval. Commissioner Hebard moved that the revised landscape plans be approved, seconded by Commissioner Samuelson and unanimously adopted. Vice Chairman Pack declared a recess at 9 p.m. Meeting reconvened at 9:15 p.m. -6- PUBLIC HEARINGS ( CONTINUED) T. A. 77-3 This is the time and place for continued public P-D Zoning District hearing to consider proposed amendments to the P-D (Planned Development) Zoning District. Vice Chairman Pack asked Mr. Kee for this comments. Mr. Kee presented the proposed amendment to the P-D Zoning District, which would retain the Planned Development procedure but would include a section to provide for projects which may be approved by use permit. In order to expedite the processing time, Section 21.06.040 would provide that for projects which have an estimated construction value of $25,000 or more, a Planned Development Permit shall be required, but for projects with a value of less than $25,000 a Use Permit may be considered and approved by the Planning Commission in accord with the Use Permit section of the Ordinance. This will apply especially in the downtown area. Also Section 21.06.050 has been added which will give the Planning Director the authority to approve minor additions to existing single family-residences in the Planned Development Zoning District. Vice Chairman Pack asked if this would have any bearing on the historical preservatic of buildings. Mr. Kee advised that it would not. He explained that an "H" District could be established and on lots that have historical significance the "H" Toning could be added, such as R-1-H. This would be done through the public hearing process. Mr. Kee stated that the major change in the PD Ordinance would be the addition of the section which would permit a person to apply fora Use Permit before the Planning Commission if the estimated construction value is less than $25,000. This value would be established by the Building Department. For projects having an estimated construction value of $25,000 or more, a Planned Development Permit would be required. Commissioner Hebard stated that the procedure would be pretty much the same but would shorten the processing time for those projects under $25,000. After some further discussion, Commissioner Hebard moved that the public hearing be closed, seconded by Commissioner Samuelson, and unanimously adopted. RESOLUTION No. 1628 Commissioner Hebard moved that the Planning Commission adopt Resolution No. 1628 recommending that the City Council adopt an ordinance approving T. A. 77-3, amendments to the P-D Zoning District, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Samuelson, Lubeckis, Vice Chairman Pack. NOES: Commissioner None. ABSENT: Commissioner Dickson -7- T. A. 77-4 This is the time and place for continued public C-2 Zoning District hearing to consider amendments to the C-2 (General Commercial) Zoning District of the Campbell Municipal Code. Vice Chairman Pack asked Mr. Kee for his comments. Mr. Kee presented the proposed amendment to the C-2 Zoning District, which states the purpose of the C-2 District, uses permitted without Use Permits, uses permitted with Use Permits and uses prohibited. The sections pertaining -to off-street parking, height limitation of buildings, required yard areas, and landscaping remain the same, but staff has tried to sift out uses "by right" over to those uses that would require a Use Permit, such as amusement enterprises. He requested that the Commission review those uses listed in the section indicating permitted uses without Use Permits for possible inclusion in the section which would require Use Permits. Vice Chairman Pack asked if ti re shop would permit the ti re installation in addition to sales. Mr. Kee stated that it would. Vice Chairman Pack stated that tireshops can be very noisy and questioned whether it should be included as a use not requiring a Use Permit. She stated that she would not consider a ti re shop the same as other uses listed in that section. Mr. Kee stated that the ordinance requires that such a business must be in a completely enclosed building. If such a business were located adjacent to residential use, they could include conditions to provide for a review to ascertain the noise level. However, the staff has attempted to clarify the ordinance and moved some of the permitted uses that have caused problems to the section re- quiring a Use Permit. The ti re shop may be one that should require a Use Permit. At this point there was considerable discussion on adult theatres and adult book stores and whether or not they should be prohibited or allowed with a Use Permit. Commissioner Hebard stated that he could not go along with the ordinance which would require that a book store would have to have a Use Permit. He stated that he could not conceive of having to tell an applicant that he could not have a book store without a Use Permit. City Attorney Dempster stated that is the only way to control "adult" book stores. They cannot be controlled by using the word "adult". The way to control both the adult theatres and adult book stores is to place theatres and book stores under the use permit section of the ordinance. Commissioner Hebard stated that he believed there is a difference between a theatre and a book store and he could agree that a theatre should be listed as a use requiring a Use Permit, but he could see no justification for having a book store operator having to come to the Planning Commission for a Use Permit - 8 - City Attorney Dempster stated that is the only way such uses can be controlled. He stated that other cities have had difficulty controlling them and the Supreme Court has not come up with a definition of an "adult book store". He could not see an operator of a "pornographic book store" coming to the Commission for a Use Permit. He stated that it would place a burden on the legitimate book store operator. The use process would allow for review if the business started to become detrimental to the public health, safety and welfare of the persons in the community. Mr. Kee suggested that theatres could be placed in the section requiring Use Permits and they could remove adult book stores and adult theatres altogether from the ordinance. They have two alternatives - to remove it entirely from the ordinance or put it under Use Permits. Commissioner Vierhus stated that they cannot control it by saying it is "adult" or "pornographic" because the definition of either has not been made even by the Supreme Court. Commissioner Vierhus suggested that theatres and book stores be listed as per- mitted uses with Use Permits and that No's 5 and b be removed from the section listing uses prohibited. RESOLUTION #1629 Commissioner Vierhus moved that the Planning Commission adopt Resolution No. 1629 recommending that the City Council adopt an ordinance approving T. A. 77-4, C-2 Zoning District showing that theatres, book stores and tire shops are included in the section listing uses permitted with Use Permits and that adult theatres and adult book stores be deleted from the section listing uses prohibited. Commissioner Hebard stated that he would like to speak to the motion and express his objections so they would appear in the minutes. He stated that he could support all of the motion except for the requirement that book stores be required to have a Use Permit. Commissioner Vierhus stated that in his opinion it is a fair approach. Commissioner Campos stated that.he was in favor of adding book stores to the section requiring Use Permits. He cited the deterioration in San Jose particularly along First Street. They have made strong efforts to control the situation and if it takes a Use Permit to control it in Campbell he was in favor of it. Vice Chairman Pack concurred and added that they have had to control pool halls and arcades in a similar manner. Motion seconded by Commissioner Samuelson, and adopted by the following roll call vote: AYES: Commissioners: Campos, Vierhus, Samuelson, Lubeckis, Vice Chairman Pack. NOES: Commissioner Hebard. ABSENT: Commissioner Dickson. - 4 - MISCELLANEOUS Staff Report: Service Station Expansion Mr. Kee advised that the staff is requesting a continuance as they are waiting for some additional material in order to complete the study. Commissioner Samuelson moved that the Study Report onService Station Expansion -be continued to the second meeting in August of the Planning Commission, seconded by Commissioner Vierhus and unanimously adopted. x_11 Commissioner Hebard requested that the staff Winchester & Budd inspect the 7-11 Store at Winchester and Budd to determine if they are abiding by the Site and Architectural approval, in particular with regard to maintenance of landscaping and rubbish on the property. APPROVAL OF MINUTES Vice Chairman Pack stated that the minutes of the adjourned meeting of July 5 must be approved. Commissioner Hebard moved that the minutes be approved indicating that Commissioner Samuelson seconded the motion to adjourn and unanimously adopted. Motion seconded by Commissioner Samuelson_ and unanimously adopted. ADJOURNMENT Commissioner Lubeckis moved that the meeting be adjourned, seconded by Commissioner Samuelson and unanimously adopted. The meeting was adjourned at 10:00 p.m. APPROVED: Margaret M. Pack Vice Chairman ATTEST: Arthur A. Kee Se c re to ry - 10 -