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PC Min 07/05/1977ADJOURNED MEETING PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA 7:00 P.M., TUESDAY JULY 5, 1977 129 EAST RINCON AVENUE CAMPBELL, CA MINUTES The Planning Commission of the City of Campbell convened this day in adjourned session at 129 East Rincon Avenue, Campbell, California. ROLL CALL Commissioners: Hebard, y'rerhus, Pack, Present Samuelson, Dickson; Secretary Arthur A. Kee; Senior Planner Philip J. Stafford Absent Commissioners: Campos, Lubeckis REFERRAL FROM Continued referral from the City Council CITY COUNCIL regarding the application of Mr. Carl A. Maggio PD 77-12 for approval of plans, eltvatians, and development MAGGIO, CARL A. schedule to allow a duple~c addition to an existing two-unit development located on property known as 129 East Rincon Avenue i~ a P-D (Planned Development/ Medium Density ResidentialR) Zoning District. The Planning Commissioners reviewed the site and the location of the accessory building which has been converted to a residentialae~tit. Commissioner Pack moved that the meeting be adjourr.to reconvene at the City Hall Council Chambers, 75 North Central Av~~,e, Campbell, California. r f r ~ / ATTEST: ~~,, f` APPROVED: ~~2~~y~~,,r -ra,L, ~cr,J ~` ,• ~Ibyne ickson, Chairman Arthur A. Kee, Secretary PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES JULY 5, 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, Vierhus, Pack, Samuelson, Present Chairman Dickson, Secretary Arthur A. Kee; Senior Planner Phillip J. Stafford; City Attorney Robert J. Dempster; Engineering Manager Bill Helms; Recorder Ann Morris. Absent Commissioner Campos, Lubeckis. APPROVAL OF MINUTES Chairman Dickson corrected the minutes of June 21, 1977, page 10 to read .... adopted by a 5-1-1 vote. Commissioner Vierhus moved that the minutes be approved as corrected seconded by Commissioner Samuelson and unanimously adopted. COMMUNICATIONS Mr. Kee reported that he had received a letter from several citizens requesting that the Use Permit for Campbell Community Hospital be rescinded. Commissioner Pack moved that the staff study this and make a recommendation at the next meeting. Motion seconded by Commissioner Samuelson and un- animously adopted. Mr. Kee reported that he had received a letter from Richard Millen requesting a meeting to discuss final landscape drawings on his twenty-four unit townhouse. Commissioner Hebard suggested this be brought before the Site and Architectural Review Committee at the next meeting. ..5.. 76_ 17 ARCHITECTURAL APPROVALS Dunker, Rudolf L. Application of Mr. Rudolf L. Dunker for a one-year extension of time for an approval of plans to con- struct an eight-unit apartment complex on property known as 1681 Bucknall Road in an R-2-S (Medium Density Residential) Zoning District. Commissioner Vierhus reported that the Architectural Review Committee met with the applicant. The applicant is requesting an extension of time for plans which were approved by the Planning Commission on July 1, 1976. Staff is recommending approval subject to previous conditions. Commissioner Pack moved that the request for a one-year extension be approved, subject to the previous conditions, seconded by Commissioner Samuelson and unanimously adopted. "S" 76-42 Application of Mr. Allen DeGrange for relief from DeGrange, Allen Condition No. 1 of an approval of plans to construct an emergency animal clinic on property known as 1657 South Bascom Avenue in a C-2-S (General Commercial) Zoning District. Commissioner Vierhus reported that the Site and Architectural Review Committee had met with the applicant, but due to the many ramifications of this application, the committee felt the entire Commission should be involved in the discussion. Chairman Dickson asked Mr. Kee for his comments. Mr. Kee stated that this application has been approved by the Planning Commission with Condition No. 1 stating: "Grading plans and fence details to be approved by the Santa Clara Valley Water District." The Water District has advised that the applicant is required to provide: (1) a 23' - 0" easement across the rear of the property; (2) a 14' - 0" wide double- swing gate in the rear fence (3) an ingress/egress easement to Bascom Avenue for flood control purposes. The applicant is requesting relief from the Condition No. 1 for reasons which include: 1. The District does not need this right-of-way for maintaining the creek, because they have an existing 30' road easement just west of the one being requested. 2. Granting the right-of-way was not specifically indicated as a condition of "S" approval granted on the subject property. 3. In his opinion, the requirements of the Water District puts an unreasonable restriction on the owners of this property that other owners of property in the area otherwise enjoy. Should we lose the right to park on the easement (three spaces ) in the future, the function of the facility would be severely impaired. Commissioner Campos arrived at 7:55 and was seated. Mr. Alan DeGrange, 15780 Shannon Road, Los Gatos, representing the doctors operating the emergency animal clinic came forward and stated that he was requesting they be allowed to have their Building Permit and then they would work with the Water District to meet their requirements. - 2 - Commissioner Pack asked Mr. Kee if the easement would interfere with the parking requirement. Mr. Kee stated that the three parking spaces could be maintained in the easement. Mr. Bill Carlson, Division Manager from Santa Clara Water District, was present and stated that the Water District's desire was to have access only and it would not disturb the parking. Commissioner Hebard stated in the future perhaps the lJater District and staff could work more closely together on applications such as this, working out conditions to allow a more smoothly running procedure. Commissioner Pack also suggested that steps be taken to unify the procedures on easements and right-of-ways. Commissioner Hebard moved that this request for relief from Condition 1 of "S" 76-42 be continued for 30 days in order that the applicant can resolve this problem with the Water District, seconded by Commissioner Vierhus and unanimously adopted. "S" 77-29 Application of Mr. A. R. Woolworth for approval Woolworth, A. R. of plans to construct Phase II of an office/ warehouse complex located on property known as 740 Camden Avenue in a M-2-S (Heavy Industrial) Zoning District. Commissioner Campos reported that the Architectural Review Committee met with the applicant and is recommending approval. Commissioner Hebard moved this application be approved, subject to the following conditions, seconded by Commissioner Pack and unanimously adopted. CONDITIONS OF APPROVAL - "S" 77-2g Woolworth. A. R. 1. Property to be fenced and landscaped as indicated and as approved by the Planning Director. 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. 5. Applicant to sign agreement satisfactory to the City Attorney that the property will be used for warehouse purposes only, in those areas labeled as warehouse on the floor plan. - 3 - 6. 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 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 areas (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. G. Applicant shall meet State requirements for the handicapped. FIRE DEPARTENT: H. Provide an automatic fire extinguishing system. I. Provide 2ABC fire extinguishers. J. Install one street hydrant. 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. "S" 77-31 Application of Mr. George Cervenka for approval Cervenka, George of plans construct an industrial building on property known as 800 Camden Avenue in a M-1-S {Light Industrial) Zoning District. -4- Commissioner Campos reported that the Site and Architectural Review Committee recommends approval of the application. Mr. George Cervenka, 16051 Kennedy Road, Los Gatos, applicant came forward and briefly outlined to the Commission his application. Mr. Kee indicated that the Site and Architectural Committee had requested inform- ation regarding the status of the Camden Avenue improvement district and the size of the water main for Camden Avenue. Mr. Helms indicated that the two projects on Camden Avenue which are on tonight's agenda, if approved, will bring the total percentage in favor of the L.I.D. to 43~ . Mr. Helm indicated that 60i is needed for the L.I.D. to proceed. Mr. Helms also indicated that a two inch water main currently supplies Camden Avenue. Commissioner Hebard moved that "S" 77-31 be approved subject to the following conditions, seconded by Commissioner Pack and unanimously adopted. CONDITIONS OF APPROVAL - "S" 77-31 George Cervenka 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 53,000 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.• Applicant to sign agreement satisfactory to the City Attorney that 1600 square feet of the building will be limited to warehouse use only. 6. 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. - 5 - 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. G. Applicant shall meet State requirements for the handicapped. FIRE DEPARTMENT H. Locate trash enclosure on plans. I. Provide one street fire hydrant at south property line. J. Provide one on-site hydrant at the northeast corner of the property. K. Provide 2A-IOBC fire extinguishers. PUBLIC WORKS DEPARTMENT L. Process and file a parcel map to combine the lots. M. Dedicate the right-of-way to widen Camden Avenue to 30 feet from centerline. N. Pay storm drainage area fee of $470.00. 0. Execute an agreement to either join an improvement district or install street improvements and post bonds. P. Submit a grading and drainage plan for approval by the Director of Public Works. 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. - 6 - PUBLIC HEARINGS G.P. 77-1 Public hearing to consider the application of Schmedes, John & Juanita John and Juanita Schmedes for an amendment to the Land Use Element of the General Plan from Low Density Residential to Low-Medium Density Residential for property known as 106 North Third Street in a P-D (Planned Development) Zoninci District. Mr. Kee reviewed the existing General Plan, Zoning and Land Use in the area. Mr.Kee reported that it was the staff's opinion that one should not be changed at this time and that staff was re the staff's opinion that the residential density for the adjoining lots on the same block which face Third Street date, after a determination is made regarding the future Valley College Site. lot on the General Plan commending denial. It is subject lots and the be reviewed at a later land use for the 41est Chairman Dickson declared the public hearing open and asked if anyone wished to speak for or against the application. Mr. John Schmedes, 135 Molly I+/ay, Santa Cruz, owner of the property came forward and passed out a letter to the Commission. ( A copy of said letter is on file in the Planning Department). This letter indicated that it was Mr. Schmedes' understanding that Campbell Elementary School District planned to renovate the existing Bookstore Building on the Campbell Elementary property into additional office space and to use the land between that building and the existing offices for parking area for their employees. That area is directly across from the subject property and would take up the space between Civic Center Way to f, rant Street on the North, therefore, presenting a shield from any development of the balance of lands to the east. Mr. Schmedes stated the reason he was asking for duplex zoning is that it would be an ideal location for elderly citizens or physically disabled as it would be close to downtown area for shopping. Mr. Schmedes further stated that no one in his block objected to the duplex. Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Hebard and unanimously adopted. Commissioner Pack moved that the Commission recommend approval of the application. Motion died for lack of a second. Commissioner Vierhus stated this issue was a little more complicated than just the duplex on Mr. Schmedes' property. Commissioner Vierhus felt that in a zone change we must look much further into the future and try to cifsCern what would be in that area. - 7 - Commissioner Hebard moved that the Planning Commission adopt resolution 1618, recommending denial of G.P.77-1, RESOLUTION 1619 aQplication of John ~ Juanita Schmedes, for an amendment to the Land Use Element of the General Plan from Low Density Residential to Low-Medium Density Residental for property known as 106 North Third Street, in a P-D (Planned Development) 7_oning District, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Chairman Dickson. NOES: Commissioners: None. ABSENT: Commissioners: Lubeckis. Commissioner Campos added that his reason for denial was that they don't know what kind of changes are going to be made in the area. G.P. 77-2 Public hearing to consider the application of Bamburg, Marvin A. Marvin Bamburg, A.I.A., for: (1) a change in the Land Use Element of the General Plan from Public, Semi-Public to Commercial, (2) a change of zoning from P-F (Public Facilities) to P-D (Planned Development) and (3) approval of plans to construct a 100-unit motel complex on property known as 675 East Campbell Avenue. Mr. Kee reviewed the General Plan, Zoning, and Land Use for the area. Mr. Kee stated that the staff is recommending approval of the proposed amendment to the Land Use Element of the feneral Plan. He further stated that the original Land Use Element of the General Plan adopted in 1960, indicated Heavy Density Residential and Central Business District for this site. In 1968 the General Plan indicated Los Gatos Creek Streamside Park for the site. In 1971, the plan showed the site as water, percolation ponds, creeks and Streamside park. In 1972, the plan was amended to show simply public, semi-public land use for the subject area. After some discussion on the amount of new traffic created by this new project and the accessibility of the motet off of Campbell Avenue, Commissioner Hebard asked Mr. Helms for his comments. Mr. Helms stated that the City Engineer has expressed concern about ingress and egress for this site. He has indicated that it is probable that all left turn movements will be precluded by the installation of a barrier median on Campbell Avenue. -8- Chairman Dickson declared the public hearing open and asked if anyone wished to speak for or against the application. Ms. Genie Nigh, 662 East Hawthorne stated she was against the motel. Ms. Nigh stated that the overpass is usually very heavy with traffic and that part of the street is not wide enough for a turning lane. Mr. Helms stated it would be very difficult to widen Campbell Avenue. Mr. Carlson came forward and described the area adjacent to the motel over which the Water.District would require easements. Marvin Bamburg, 2434 Fairland Drive, San Jose, Architect described his project for the Commission. Commissioner Hebard asked if there was going to be any type of lounge or restaurant. Mr. Bamburg replied there was only going to be a small kitchen serving coffee, donuts and juice for the motel guests only. Commissioner Vierhus commented that the traffic for a motel is not as severe as for other developments. Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Hebard and unanimously adopted. RESOLUTION 1620 Commissioner Hebard moved that the Planning Commission recommend approval of the proposed amendment to the Land Use Element of the General Plan, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Chairman Dickson. NOES: None. ABSENT: Commissioner Lubeckis. RESOLUTION 1621 Commissioner Pack moved that the Planning Commission recommend approval of a proposed zone change from P-F (Public Facilities) to P-D (Planned Development). The motion was seconded by Commissioner Vierhus and adopted by the following roll call vote; AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Chairman Dickson. NOES: None. ABSENT: Commissioner Lubeckis. -9- RESOLUTION 1622 Commissioner Hebard moved that the Planning Commission recommend approval of the plans, elevations, and development schedule for the proposed 100-unit motel subject to the conditions listed in the staff report and with the added condition that "Grading plans and fence details to be approved by the Santa Clara Valley Water District", motion seconded by Commissioner Campos and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Chairman Dickson. NOES: None. ABSENT: Commissioner Lubeckis. ZC 77-10 Public hearing to consider prezoning of property Lovell 77-3 proposed for annexation to the City of Campbell under proceedings known as Lovell 77-3 as R-1 (Single Family- Residential). Said property known as 1481 lestmont Avenue. Mr. Kee stated that the staff is recommending that the Planning Commission adopt a Resolution recommending that this area be prezoned R-1 (Single Family Residential). Mr. Kee read a petition against the prezoning signed by several residents in the immediate area. Chairman Dickson declared the public hearing and asked if anyone wished to speak for or against the application. Patricia Nichols, 1430 Westmont Avenue, Dorothy Harp, 1395 Munro Avenue, Gladys Hellevig, 1429 Westmont Avenue, Dan Hellevig, 1429 Westmont Avenue, were all present and each spoke against the annexation. Each was very concerned because of the potential increase in traffic and the loss of the rural character of the neighborhood. Commissioner Campos moved the public hearing to be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION 1623 Commissioner Pack moved that the Planning Commission adopt a Resolution recommending that 1481 ~Jestmont Avenue be prezoned R-1 (Single Family Residential), seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Chairman Dickson. NOES: None. ABSENT: Commissioner Lubeckis. PD 75-4 Continued public hearing to consider the application Campbell Building of the Campbell Building and Investment Company and Investment Company. Incorporated for approval of plans, elevations, and development schedule to allow construction of an office building on property known as 54 North Central - 10- Avenue in P-D (Planned Development/Commercial) Zoning District. Mr. Kee stated staff will have no additional comments until such time as Council takes action on the parking district. Chairman Dickson declared the public hearing open and asked if anyone wished to speak for or against the application. There being no one wishing to be heard, Commissioner Pack moved the public hearing be closed, seconded by Commissioner Samuelson and unanimously adopted. Commissioner Pack moved that this item be continued to the first meeting in October, seconded by Commissioner Samuelson and unanimously adopted. T.S. 77-10 Lands of Borg Tentative Subdivision Map - Lands of Borg. A.P.N.: 282-16-O1 Mr. Kee advised the staff was recommending approval, subject to the conditions as outlined in the staff comment sheet. Commissioner Vierhus moved that a recommendation of approval for T.S. 77-10 be forwarded to the City Council, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Chairman Dickson. NOES: None. ABSENT: Lubeckis. T. S. 77-11 Tentative Subdivision Map - Lands of Ricci Lands of Ricci A.P.N.: 413-44-114, 115 Mr. Kee advised the staff was recommending approval, subject to the conditions as outlined in the staff comment sheet. Commissioner Campos moved that a recommendation of approval for T.S. 77-11 be forwarded to the City Council, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus,-Pack, Samuelson, Chairman Dickson. NOES: None. ABSTAIN: Hebard. ABSENT: Lubeckis. T. S. 77-12 Tentative Subdivision Map - Lands of Murdock Lands of Murdock A.P.N.; 405-3~-68 Mr. Kee advised the staff was recommending approval, subject to the conditions as outlined in the staff comment sheet. Commissioner Samuelson moved that a recommendation of approval for T.S. 77-12 be forwarded to the City Council, seconded by Commissioner Vierhus and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Chairman Dickson. NOES: None. ABSTAIN: Pack. ABSENT: Lubeckis. PD 77-7 Application of Mr. Robert Sargent for approval of a Sargent, Robert definition of "senior citizen" as required by Condition #3 of PD 77-7. Mr. Kee informed the Commission that staff's recommendation was approval of the definition of senior citizen and a handicapped person indicated in the staff report. Commissioner Hebard wanted it noted that this definition of senior citizen and handicapped person was to apply to the project entitled PD 77-7 only. Commissioner Samuelson moved to adopt the definition of senior citizen recommended by staff as required by Condition #3 as it relates to project entitled PD 77-7, Robert Sargent, only, seconded by Commissioner Hebard and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Chairman .Dickson. NOES: Commissioners: None. ABSENT: Commissioners: Lubeckis. PD 77-12 Continued referral fror» the City Council regarding Maggio, C. A. the application of Mr. Carl A. Maggio for approval Referral from of plans, elevations, and development schedule to City Council allow a duplex addition to an existing two-unit development located on property known as 129 East Rincon Avenue in a P-D (Planned Development/Medium Density Residential) Zoning District. Chairman Dickson stated that the Commission did have an adjourned meeting at 7:00 p.m. to look at the site. Mr. Kee stated that the applicant no longer wished approval of the duplex, but only approval of the conversion of the garage into a living unit. Commissioner Hebard moved that the Commission reaffirm the denial of PD 77-12, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners:Hebard, Campos, Vierhus, Pack, Samuelson, Chairman Dickson. NOES: Commissioners: None. ABSENT: Commissioner: Lubeckis. _ 12 _ John Fauth, 131 S. 3rd. Street, was present and asked the Commission if Mr. Maggio would have to tear down the converted garage. Mr. Kee stated he would not have to tear it down, but that it could only be used for storage, not for living quarters. REIMBURSEMENT OF CLAIMS Chairman Dickson made reference to a memorandum submitted by the City Manager requesting that proper documentation accompany all claims for reimbursement. Dinner for Dorothy Trevethan Chairman Dickson reminded the Commissioners that the tickets are available for the retirement dinner for Dorothy Trevethan. Commissioner Sameulson moved that the meeting be adjourned, seconded by Commissioner Campos and unanimously adopted. The meeting was adjourned at 11:5 p.m. APPROVED: .~. J. DuWayn ickson, Chairman ATTEST: Arthur A. Kee, Secretary - 13 -