PC Min 06/21/1977PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
TUESDAY, 7:30 P.M. MINUTES JUNE 21, 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,
Present Samuelson, Lubeckis, Chairman Dickson,
Secretary Arthur A. Kee; Senior Planner
Philip J. Stafford; City Attorney's
representative Dan Muhlfelder; Engineering
Manager Bill Helms; Recorder Phyllis Acker.
Absent Commissioner: Pack.
APPROVAL OF MINUTES Commissioner Vierhus moved that the minutes
of the June 7, 1977 meeting be approved as
received, seconded by Commissioner Hebard
and unanimously adopted.
COMMUNICATIONS Mr. Kee reported that a letter has been
received which pertains to a specific
item on the agenda and it would be read
at the appropriate time.
ARCHITECTURAL APPROVALS
S.A. 77-26 Application of Mr. Dennis C. Barrett for
Barrett, D.C. approval of signing for an industrial build-
ing located on property known as 1360 White
Oaks Road in a M-1-S (Light Industrial)
Zoning District.
Commissioner Campos reported that the Architectural Review
Committee met with the applicant and his representative. The
issue revolves around whether or not there can be two pole signs
at this location. The policy of the Commission in the past has been
that there be only one pole sign per building.
Mr. Kee presented a site plan indicating the location of the signs
and the drawings of the existing signs. He briefly reviewed the
original application and approval and subsequent approval to allow
a change of use in the building from warehouse to allow an automobile
repair shop and a carpet/warehouse sales use. In the staff's opinion,
there is a problem of identification of the tenants in the rear portion
of the building. Staff would have no objection to modification of the
existing pole sign which would indicate all the tenants occupying the
building. A 14 foot high pole sign is requested to be located out
front to give identification to the occupants located behind the
Miracle Auto Painting business. The policy has been to~allow one
pole sign per building.
Commissioner Campos advised that the Architectural Review
Committee recommends denial in that a precedent would be set
and other owners of buildings having numerous tenants would also
have the: opportunity of applying for more than one pole sign
for each building.
Mr. Kee advised that the recommendation of denial is consistent
with past recommendations by the Staff and Sign Review Committee.
Commissioner Hebard asked if the Sign Review Committee recommends
denial.
Mr. Kee advised that they did.
Mr. Dennis Barrett, Attorney representing the applicant, Les Molnar,
and two other tenants of the rear portion of the building, reviewed
the history of the building. He stated that they were asking for
a variance to the sign policy of the City of Campbell. This is a
long building going back perpendicular to the street and the occup
ants of the rear portion of the building cannot be found by their
respective clients. They are not facing the street and signs fixed
to the buildings are inadequate. He stated that the staff and Sign
Review Committee recognize that the existingsign is not adequate
for identification of the tenants.
Commissioner Lubeckis advised Mr. Barrett that the trend is toward
lower profile signs and possibly a larger sign with a lower profile
would be more acceptable.
Mr. Barrett advised that what the tenants want is adequate identifi-
cation and they would be agreeable to a lower profile sign.
Commissioner Vierhus stated, that in his opinion, after reviewing
the history of the building, that the hardship was self-imposed.
Aftecrfurther discussion, Commissioner Hebard stated that in his
opinion something could be done with the existing sign and on the
basis of the policy that there be only one pole sign per building
and the fact that this is somewhat of a self-imposed hardship he
moved for denial of the application. Motion seconded by Commissioner
Samuelson and unanimously adopted.
S.A. 77-10 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 (tJeighborhood Commercial) Zoning
District.
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Commissioner Campos reported that the Planning Commission denied
the existing sign at this location and subsequently the applicant
has reapplied for another sign. The revised sign is the same
dimensions as the existing and former signs but with a different
fascia.
Mr. Kee presented a sketch of the proposed sign and advised that
the Sign Review Committee is again recommending denial of the
proposed sign on the basis it should more closely identify
with the business and that the block lettering should be changed
to be more compatible with other signs in the surrounding area.
The Sign Review Committee was of the opinion that the drawings
were not a quality design that would result in a compatible
sign and the committee could not recommend approval of the sign
as presented.
Chairman Dickson stated that it is the policy of the Commission
to try to get signs in an area that are compatible and there is
no indication from the drawings submitted that the sign will be
in the same tone as others on the building. He would need to
know the materials the sign is to be made of, the colors and
lettering.
Chairm~ Dickson asked if the applicant wished to be heard.
Mr. Hernandez, applicant, stated that he wants to put up a sign
that will be compatible with other signs in the area and this
sign would have the same style lettering as the sign for Nob Hill
Market and John's Fish Market. It would be black on yellow
with basic block letters and he asked that the Commission approve
the sign.
Chairman Dickson stated that the committee should see exactly
what is going to be put up - what kind of materials, colors, size
and an indication of exactly what it is going to look like.
Commissioner Hebard moved that S.A. 77-10 be continued to the
July 19 meeting in order to give the applicant an opportunity to
submit detailed drawings showing the actual dimensions, block
lettering and colors, seconded by Commissioner Vierhus and un-
animously adopted.
PUBLIC HEARINGS
UP 77-8 This is the time and place for public hearing
"S" 77-28 to consider the application of Mr. Ronald L.
Lewis, R.L. Lewis for a Use Permit and approval of the
plans to allow construction of a racquetball/
handba 11 facility on property known as 1300
White Oaks Road in a M-1-S (Light Industrial)
Zoning District,
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Commissioner Campos reported that the Architectural Review
Committee reviewed the plans and the model submitted by the
applicant and recommends approval with one added condition
to the site approval. Condition #6. Trailer to be located
on site for "Membership sales"for a maximum one year period
from date of approval.
Mr. Kee advised that the staff recommends approval of the project
and suggested that the Commission look at the model of the
development which was prepared by the applicant.
Commissioner Hebard asked the applicant what material would be
used for the fence at the rear of the property.
Mr. Warren Jacobsen, Architect of the project, stated that it
would be six feet high and constructed of either masonry or
a decorative redwood fence.
Commissioner Hebard questioned the 20 foot area to the rear of
the property and he asked if this 20 feet is to be dedicated
for street purposes.
Mr. Helms stated that there is no request for dedication. There
is a series of mutual easements -to serve the homes in the County
fronting to Hoffman Lane, which is not a dedicated street. He
stated that it is not the City's intention to make Hoffman Lane
a public street.
There was discussion as to the type of fencing to be constructed.
Mr. Kee advised that condition #2 of the site approval would
require that the type of fencing be submitted for approval of the
Planning Director at the time of application for Building Permit,
and if it is a concern of the Commission, the condition could
require that the fencing be approved by the Planning Commission.
Chairman Dickson declared the public hearing open and asked if
anyone wished to be heard for or against the application.
There being no one wishing to speak further, Commissioner Hebard
moved that the public hearing be closed, seconded by Commissioner
Vierhus and unanimously adopted.
RESOLUTION N0. 1617 Commissioner Hebard moved that the Planning
Commission adopt Resolution No. 1617 approving
UP 77-8 (application of Ronald L. Lewis) subject
to the applicant effectuating the site approval
within two years from date of approval and
approval of "S" 77-28 and subject to the conditions
recommended by staff with the added condition
No. 6 to read: Trailer to be located on site
for "Membership sales"for a period of one year
from date of approval.
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Motion seconded by Commissioner Lubeckis
and adopted by the following roll call
vote:
AYES: Commissioners: Hebard, Campos, Vierhus, Samuelson,
Lubeckis, Dickson.
NOES: Commissioner None
ABSENT: Commissioner Pack
Chairman Dickson declared a recess at 8:45 p.m. Meeting reconvened
at 9:00 p.m.
UP 77-g This is the time and place for public hearing
Savelson, E. M. to consider the application of Mr. E. M.
Arco Station Save son, on behalf of the Atlantic Richfield
Company, for a Use Permit to allow conversion
of a vending machine refreshment area to self-
service controlled by a cashier, at a station
located on property known as 2015 South
Winchester Boulevard in a C-3-S (Downtown
Commercial) Zoning District.
Chairman Dickson asked Mr. Kee for his comments.
Mr. Kee stated that a letter has been received from the applicant
and he requested that it be read by the Recording Secretary.
(Letter on file in the Planning Department office).
Mr. Kee stated that the applicant is proposing to convert the
office area of an existing service station into an "across the
counter" sales area for food and miscellaneous items. Service
stations are specifically restricted to primary intersections
with a minimum of four lanes of traffic on each street, or to
shopping centers with a minimum of five acres.
Mr. Kee stated that the applicant has requested by letter that
the sale of alcoholic beverages be deleted from the application.
In the staff's opinion, the sale of merchandize other than
automobile oriented items would place the business in a separate
category. He advised that the staff did a survey of several
other cities and some cities do allow it with a Use Permit. How-
ever, most cities limit the sales to items related to automobile
servicing.
The Police Chief recommended against the sale of alcoholic beverages
in such close proximity toa school and the applicant has requested
that alcoholic beverages be deleted from the application. He stated
there are a large number of service stations in the City and he
was not sure that this was the type of use that should be in con-
junction with a service station.
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Chairman Dickson declared the public hearing open and asked
if anyone wished to speak for or againt the application.
Mr. Ed. Savelson, representing Atlantic Richfield Company,
spoke in favor of the application. He cited the changes
being made in the service station business the last four
years. He stated that they would like the Use Permit
to convert the existing full-service station to a self-
service station. The cashier would control the gasoline sales
through the use of a console in the sales room. They are
requesting permission to dispense with all the vending machines
and that they be allowed to convert to a system where the
cashier can dispense all items directly to the customer. He
presented some slides showing existing establishments and
advised that they are gaining in popularity throughout the State.
San Jose has granted a Use Permit for such a use and the City
of Pleasant Hill also has one.
Chairman Dickson asked Mr. Savelson if he was aware of the staff's
concerns regarding parking for this type of use.
Mr. Savelson stated that there are currently seven parking stalls
delineated by a planter outlining the spaces and additionally
there are six bumper spaces on the property.
Commissioner Lubeckis asked Mr. Savelson how they were going to
control people using the parking area for eating purposes.
Mr. Savelson stated that most of their customers will be those
stopping on their way home to pick up an item or two, and walk-up
customers from the high school. They will carefully police
the area for maintenance. The present operator of the station
will continue to operate the facility.
Commissioner Campos asked Mr. Savelson if the City of San Jose
or Pleasant Hill had experienced any problems with similar
type stations.
Mr. Savelson stated that their permit is the first one the City
of San Jose has granted, however, he could site numerous locations
where they do exist and there have been no problems.
Chairman Dickson asked if anyone else wished to be heard.
Mr. Lister, 1206 Lenore Way, Campbell, stated that the oil
companies should stay in the oil business and stay out of other
businesses. He was for denial of the application.
Mr. Don Rose, who resides on Hazelwood Avenue, stated that as
long as there were no alcoholic beverages sold in close proximity
to the school he could see nothing wrong with the use.
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- Chairman Dickson asked if anyone else wished to be heard.
Commissioner Hebard moved that the public hearing be closed,
seconded by Commissioner Samuelson and unanimously adopted.
Commissioner Hebard stated.. that since he has been on the
Commission they have restricted service stations to servicing
automobiles with the incidental vending machines. There are
a couple stations that sell other things, but they existed
prior to the ordinance. The Commission has refused to let
convenience markets have gasoline pumps, however, this may
be something different that the Commission might want to
take a look at and see if this is a use that can be controlled
by a Use Permit. He stated that he was not speaking in favor,
but he was not ready to move for denial.
Commissioner Vierhus stated that he was inclined to agree with
Commissioner Hebard. He was in favor of continuing the application
or possibly denying without prejudice in order to see how this
type of station in other communities is working out.
Commissioner Samuelson stated that in his opinion a service station
should offer services to people who need them - not particularly
for automobile servicing. If the parking problems can be solved,
he would have no objection.
Commissioner Hebard stated that this is a change from the present
policy and he would be willing to look at the possibility of chang-
ing this policy towards service stations, but he was not ready
to vote for approval until the Commission had further information
on which to base its decision. He was of the opinion that the
Commission should have a report from the staff as to whether or
not there were conditions that can be imposed that such a use
could be approved.
Chairman Lubeckis asked if this station site complies with the
Outdoor Business Activity Ordinance.
Mr. Kee stated that it complies with the provision which requires
the location at a primary intersection with a minimum of four lanes
of traffic on each street. It has more area than the minimum site
requirement and has sufficient parking, along with additional area
that would be available for more parking.
Commissioner Campos stated that he would not want the Commission
to experiment with something like this. The station is next to
the high school and a large congregation of school children in the
area.
Chairman Dickson stated that this is one of the busiest intersections
in the City of Campbell and they do not need added congestion.
Chairman Dickson passed the gavel to Commissioner Vierhus.
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RESOLUTION N0. 1618 Chairman Dickson moved that the
Planning Commission adopt Resolution
No. 161$ denying the application of
Mr. E. M. Savelson, on behalf of the
Atlantic Richfield Company, for UP 77-9,
on the basis of the staff recommendation.
Commissioner Vierhus passed the gavel to Commissioner Campos.
Commissioner Vierhus seconded Chairman Dickson's motion for denial.
Motion adopted by the following roll call vote:
AYES: Commissioners: Hebard, Vierhus, Lubeckis, Dickson
NOES: Commissioners: Campos, Samuelson
ABSENT: Commissioner Pack
Commissioner Campos passed the gavel back to Chairman Dickson.
Commissioner Hebard moved that the staff be instructed to look
further into different types of uses at service stations and
determine what other communities are doing in this regard and if
there is any reason why the City should be altering its attitude
toward this type of use in service stations.
Motion seconded by Commissioner Vierhus and unanimously adopted.
This report is to be agendized for the second meeting in July.
T.A. 77-3 This is the time and place for public hearing to
PD Zoning consider proposed amendments to the P-D (Planned
District Development) Zoning District of the Campbell
Municipal Code.
Chairman Dickson asked Mr. Kee for his comments.
Mr. Kee advised that the staff recommends continuance to the second
meeting in July and that the draft of the revised PD Ordinance be
referred to the review committee of the Planning Commission for a
recommendation back to the Planning Commission.
Chairman Dickson declared the public hearing open.
Commissioner Vierhus moved that T.A. 77-3 be continued to the July 19
meeting, seconded by Commissioner Samuelson and unanimously adopted.
T.A. 77-4 This is the time and place for public hearing to
C-2 Zoning consider the proposed amendments to the C-2 (General)
District Commercial) Zoning District of the Campbell Municipa~
Code.
Mr. Kee advised that the staff recommends continuance to the second
meeting in July and that the draft of the revised C-2 Ordinance be
referred to the review committee of the Planning Commission for a
recommendation back to the Planning Commission.
Chairman Dickson declared the public hearing open.
Commissioner Samuelson moved that T.A. 77-4 be continued to the
July 19 meeting and that the draft C-2 Ordinance be referred to
the review committee for recommendation, seconded by Commissioner
Vierhus and unanimously adopted.
MISCELLANEOUS
Referral from Referral from the City Council regarding the
City Council application of Mr. Carl A. Maggio for approval of
PD 77-12 plans, elevations, and development schedule to allow
Maggio, C. A. a duplex addition to an existing two-unit development
on property located at 129 East Rincon Avenue.
Chairman Dickson asked Mr. Kee for his comments.
Mr. Kee advised that the City Council referred this matter back to
the Commission at its regular meeting of May 23• The application
was to add a duplex structure to an existing two-unit development.
The applicant has now withdrawn his request for the duplex and is
requesting approval of the conversion to a living unit which was
done without the required permits. Staff is recommending denial
on the basis that the converted garage is not an acceptable living-
unit structure. Staff is recommending that the applicant be required
to convert this structure back into a garage within ninety days.
Chairman Dickson asked if plans were submitted to the Building
Department.
Mr. Kee advised that they were referred to the Building Department
when the application was made and their comments were that there was
no record of any approval for the conversion by the Building Department.
Any approval would require that the building be brought up to the
building code requirements. Until the applicant gets zoning approval,
he would not be able to get any permits. The Building Department
is saying that it is an illegal structure and should be removed.
Commissioner Hebard stated that this is a serious problem for Mr.Maggio
and he could not tell from looking at the drawings what the Commission
is expected to do. He suggested that the Commission visit the
site and suggested further that the meeting be adjourned to the
July 5th meeting so the°Commission could meet at the site.
Mr. Muhlfelder advised that, in his opinion, it would be permissible
for the Commission to go to the site as a group.
Commissioner Campos stated that he could not see the problem. The
staff has advised that the building does not meet code requirements
and that it is a fire hazard. He could not see what they could
accomplish by visiting the site.
Mr. Maggio indicated that he would be willing to have the Commission
come out to the site. He stated that he would like to remain living
in the structure.
Commissioner Hebard moved that the referral from the City Council
on PD 77-12 be continued to the next regularly scheduled meeting,
seconded by Commissioner Vierhus and unanimously adopted.
Commissioner Hebard suggested that the meeting be adjourned until
7:00 p.m. on July 5th to meet at the site.
Information Item Proposed legislation pertaining to family
care homes for six or fewer persons.
Mr. Kee stated that the Planning Commission and City Council spent
considerable time on a recent application for a similar use and
there has been legislation introduced that would speak to the
compaction of the area. A copy of the proposed legislation was
included in the agenda package for the Commission's review.
Safety Element Commissioner Hebard stated that the role
of the General of the Planning Commission in approving
Plan projects and whether or not the City's
capabilities in fire protection were being
over extended was brought up at previous
meetings. He was of the opinion that from
time to time the Planning Commission should
review the Safety Element of the General
Plan to determine whether or not it was
adequate. The question of mutual aid problems
has been brought up and he requested some guidance from staff as
to how the matter might be approached.
Mr. Kee stated that usually with the implementation of any element
of the General Plan there would be an ordinance for effectuation.
There are also building and fire and safety codes of the City
and each development presented for approval is checked against
them for compliance.
After some discussion as to the adequacy of the Safety Element
of the General Plan, Chairman Dickson directed staff to agendize
the Safety Element for review by the Commission.
ADJOURNMENT Commissioner Hebard moved that the meeting
be adjourned until 7:00 p.m., July 5, 1977
to the Maggio property at 129 East Rincon
Avenue, seconded by Commissioner Samuelson
and adopted by a ~-1-1 vote. The meeting
was adjourned at 10:20 p.m.
<<~
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ATTEST: .~2 l%'-~ ~ J . DuWay e D i ckson, Chairman
Arthur A. Kee, Secretary
RECORDED:Phyllis Acker, Recorder
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