PC Min 05/17/1977PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
TUESDAY, 7:30 P.M. MINUTES MAY 17, 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, Chairman Dickson; Secretary
Arthur A. Kee; Senior Planner Bruce Powell;
City Attorney J. Robert Dempster.; Engineering
Manager Bill Helms; Recorder Phyllis Acker.
Absent None.
APPROVAL OF MINUTES Commissioner Pack moved that the minutes of the
May 3, 1977, meeting be approved as received, seconded
by Commissioner Samuelson and unanimously adopted.
COMMUNICATIONS Mr. Kee reported that the communications received
relate to items as they would appear on the agenda.
Commissioner Hebard stated that he had a communication
that he would like to present to the Planning staff.
He and Commissioner Vierhus had visited Tel Aviv and
he presented Mr. Kee with the Master Plan of the City
of Tel Aviv for his information and guidance.
Chairman Dickson stated that the minutes should show
that the trip was not City sponsored or City funded.
ARCHITECTURAL APPROVALS
"S" 77-19 Continued application of Mr. Robert C. Firato for
Firato, Robert C. approval of plans to convert two retail shops into a
coffee house on property known as 476 East Campbell
Avenue in a C-2-S (General Commercial) Zoning District.
Commissioner Campos reported that the Architectural Revie~N Committee recommends
denial on the basis of traffic hazard. The item has been before the Commission
several times previously and the committee is referring the application to the
full Commission for consideration.
Mr. Kee stated that the requested use is a permitted use in the C-2-S Zoning
District and it would appear that the on-site parking and circulation is a
workable plan. It is staff's opinion that with the intensity of the uses proposed,
serious conflicts will occur from the ingress and egress points on Campbell Avenue.
The Police Chief, after reviewing this application, stated that he had the same
objections as previously stated which were for denial mainly on the basis of
traffic hazards. The staff recommends denial of the application on the basis
of traffic safety and traffic congestion.
Mr. Helms reviewed the location of the building and the lot proposed for parking.
He stated that staff is concerned that there would not be adequate site distance
for vehicles exiting onto Campbell Avenue from the property. The Traffic
Engineer recommends denial of the application on that basis.
Chairman Dickson stated that there is no parking along Campbell Avenue at that
point and the cars would be exiting into moving traffic.
Mr. Helms stated that was correct.
Mr. Helms stated that staff is recommending that the entire matter be referred
to the City Council for purposes of determining if there might be some
alternative means of developing the property and alternative means of access
to the property.
Chairman Dickson asked if the applicant wished to be heard.
_~. Mr. Polizzi, representing the property owner and the applicant, asked what
they could do with the property and requested an answer from the Commission.
* Mr. Helms stated that on this particular application there have been several
different site layouts. The others showed additional ingress and egress to
abutting side streets. The staff's position has remained the same in the
review of the previous applications and staff is suggesting at this time that
the matter be referred to the Council to see what could be worked out; what
would be mutually satisfactory.
Mr. Polizzi stated that the Police Chief does not want ingress and egress to
Campbell Avenue, and asked what could be done. They are not going to "sit"
on the property.
Mr. Kee stated that, for the record, there are two pieces of property involved.
It is possible to use the building tomorrow for a retail commercial use. It
is not possible to use it for the proposed use as it is an increase in the
intensity of use of the building. The property proposed for parking is
undeveloped at this time and proposed for parking. The Commission has sixty
days from the date the application was filed to take action and the staff has
recommended denial.
Commissioner Campos moved that "S" 77-1g be denied on the basis of traffic
hazards, seconded by Commissioner Lubeckis.
Commissioner Hebard stated that the Commission is denying the application as
it stands, but they are recognizing the problem that surrounds the development
of the property for any other use.
Mr. Polizzi asked if he was right in understanding that with another use, ingress
and egress would be allowed to Campbell Avenue.
Mr. Kee advised Mr. Polizzi that the building is existing at the present time
and can be used fora retail commercial use. If parking is placed on the site
proposed, it would require approval of the parking and circulation plan by
the Planning Commission. The properties are under one ownership but are two
separate lots.
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Mr. Dempster advised Mr. Polizzi that he can use the building any time he wants
but by attaching parking to the building, he is creating the problem. The
building is a free-standing building and can be used any time for similar uses
in the same intensity. The empty lot next door which is proposed for parking
has to come back to the Commission for approval.
Mr. Kee advised Mr. Polizzi that there is a conflict in the traffic movement
and the staff is recommending that the Planning Commission request the City
Council to investigate alternatives to lessen the existing and potential danger
of this site.
Vote on the motion: Motion adopted unanimously.
Chairman Dickson advised the applicant that he did have the right to appeal
the decision to the City Council within ten days in writing to the City Clerk.
Commissioner Pack moved that the Planning Commission request the City Council
to investigate alternatives to lessen the existing and potential danger of
this site, seconded by Commissioner Samuelson and unanimously adopted.
"S" 77-21 Application of Mr. Carl S. Young, and Demeter Builders,
Young, C. S. Inc., for approval of plans to construct a seven-unit
Demeter Builders, Inc. apartment complex on property known as 107 Shelley
Avenue in a R-M (Low-Medium Density/Multiple Family
Residential) Zoning District.
Commissioner Campos reported that the Architectural Review Committee recommends
approval of the application subject to the conditions recommended by staff.
There was some concern regarding the carports and elevations and the committee
recommends that the plans be reviewed by the Commission.
Mr. Kee presented the plans and reviewed the site layout and building materials.
The Architectural Advisor is of the opinion that the site plan is acceptable.
There is some additional trim around the windows on the second floor level
and some changes to the carport trim. The plans have been marked in red to
indicate these changes. The applicant is in agreement
Commissioner Pack asked if the staff feels the parking is sufficient.
Mr. Kee stated that the Commission's policy has been to require two parking
spaces for three bedroon units. Up to this time, two spaces have not been
required for two bedroom units.
Commissioner Vierhus moved that "S" 77-21 be approved, subject to the recommended
conditions, seconded by Commissioner Campos and unanimously adopted.
CONDITIONS OF APPROVAL - "S" 77-21
1. Meter Panels to be screened as approved by Planning Director and Architectural
Advisor.
2. Revised east elevation to be approved by Planning Director and Architectural
Advisor.
3. Property to be fenced and landscaped as indicated and as added in "red" on plans.
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4. 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.
5. Landscaping shall be maintained in accordance with the approved landscape
plan.
6. 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.
7. 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 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.
PUBLIC WORKS DEPARTMENT
H. Dedicate street right-of-way to 30 feet from the centerline.
I. Pay storm drainage area fee of $379.70.
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J. Execute an agreement to improve Shelley Avenue or join an assessment district
and post bonds guaranteeing the work.
K. Obtain a City excavation permit for any work in the street right-of-way.
FIRE DEPARTMENT
L. Provide one "2A-IOBC" fire extinguisher in a metal cabinet on the second level.
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" 77-22 Application of Mr. Ralph F. Stepp for approval of
Stepp, Ralph F. plans to construct an office complex on property known
as 441 North Central Avenue in a C-1-S (Neighborhood
Commercial) Zoning District.
Commissioner Campos reported that the Architectural Review Committee recommends
approval subject to the recommended conditions. The Architectural Advisor is
of the opinion that the parking and site layout is good and that the buildings
have an attractive character due to the good use of materials.
Commissioner Pack questioned the width of the driveway into the property as
there is a lot of traffic from the two service stations on Central Avenue.
Mr. Helms advised that there is a 3 foot flair at each side of the driveway
which would make it 31 or 32 feet wide and the staff did not see any problem.
After discussion as to the width of Central Avenue, Commissioner Hebard moved
that "S" 77-22 be approved subject to the recommended conditions, seconded by
Commissioner Pack and unanimously adopted.
CONDITIONS OF APPROVAL - "S" 77-22
1. Property to be fenced and landscaped as indicated and as added in "red"
on plans.
2. Landscape plan indicating type of plant material, location of hose bibs,
or sprinkler system and type of fencing to be submitted for approval of
the Planning Director at time of application for building permit.
3. Landscaping shall be maintained in accordance with the approved landscape
plan.
4. Faithful performance bond in the amount of $3,000 to be posted to insure
landscaping, fencing and striping of parking area within three (3) months
of completion of construction, or applicant may file written agreement to
complete landscaping, fencing and striping of parking area prior to final
Building Department clearance.
5. All mechanical equipment located on roofs shall be screened as approved
by the Planning Director.
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The applicant is notified as part of this application that he is required to
meet the following conditions in accordance with Ordinances of the City of
Campbell.
A. All parking and driveway areas to be developed in compliance with Section
21.50 of the Campbell Municipal Code. All parking spaces to be provided
with appropriate concrete curbs or bumper guards.
B. Underground utilities to be provided as required by Section 20.16.070 of
the Campbell Municipal Code.
C. Plans submitted to the Building Department for plan check shall indicate
clearly the location of all connections for underground utilities,
including water, sewer, electric, telephone and television cables, etc.
D. Sign application to be submitted in accordance with provisions of the sign
ordinance for all signs. No sign to be installed until application is
approved and permit issued by the Building Department.
E. Ordinance No. 782 of the Campbell Municipal Code stipulates that any
contract for the collection and disposal of refuse, garbage, wet garbage,
and rubbish produced within the limits of the City of Campbell shall be
made with Green Valley Disposal Company. This requirement applies to all
single family dwellings, multiple apartment units, to all commercial,
business, industrial, manufacturing, and construction establishments.
F. Trash container(s) of a size and quantity necessary to serve the development
shall be located in area(s) approved by the Fire Department. Unless other-
wise noted, enclosure(s) shall consist of a concrete floor surrounded by
a solid wall or fence and have self-closing doors of a size specified by
the Fire Department. All enclosures to be constructed at grade level.
G. Applicant shall meet State requirements for the handicapped.
BUILDING DEPARTMENT
H. Windows shall be protected, Table 5A, and parapet 30" above roof required
on north and west walls. (Sec. 1709 (a) Uniform Building Code).
PUBLIC WORKS DEPARTMENT
I. Complete the processing of the parcel map previously filed.
J. Dedicate the land to widen Central Avenue to 30 feet from the centerline.
K. Pay storm drainage area fee of $356.00.
L. Obtain an excavation permit for any work in the street right-of-way.
FIRE DEPARTMENT
M. Provide one "2A-IOBC" fire extinguisher for each leased space.
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.
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PUBLIC HEARINGS
ZC 77-6 This is the time and place for public hearing to
PD 77-13 consider the application of Mr. Marvin A. Bamburg,
Bamburg, M. A. A.I.A., on behalf of Simitar Venture III, for (1) a
Simitar Venture III zone change from R-D (Duplex) to P-D (Planned
Development/Low-Medium Density Residential) and (2)
approval of plans, elevations, and development schedule
to allow construction of eight townhouse units on
property known as 2560 Downing Avenue.
Commissioner Hebard announced that he would abstain from discussion and
voting on this application.
Chairman Dickson asked for the report of the Architectural Review Committee.
Commissioner Campos advised that the committee reviewed the plans with the
applicant and his architect and recommends approval subject to the conditions
recommended by staff.
Mr. Kee advised that the staff recommends approval and that the Planning
Commission adopt a resolution recommending that the City Council change the
zoning from R-D to P-D, if the Planned Development plans are approved.
Staff also recommends that the Planning Commission adopt a resolution recommend-
ing that the City Council approve the plans, elevations, and development
schedule subject to the recommended conditions.
Chairman Dickson advised that this is a proposed eight unit townhouse
development and he asked Mr. Kee what the existing zoning would allow to be
developed.
Mr. Kee advised that the low-medium density would allow thirteen units per
acre.
Commissioner Campos stated that the committee also discussed the fencing
along the freeway, which would be eight feet high.
Commissioner Pack asked how they arrived at that height. There is no
quantitative data to support that finding.
Mr. Kee asked that the architect for the project respond.
Mr. Bamburg, A.I.A., stated that they arbitrarily set an eight foot height for
the fence; there is no scientific basis for that height.
There was no separate report prepared.
Chairman Dickson declared the public hearing open and asked if anyone wished
to speak for or against the application.
Mr. Blackmore, 2526 Downing Avenue, stated that he was the spokesman for 31
homeowners in opposition to the development and he presented a petition for
the record. (Petition on file in the Planning Department).
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Mr. Blackmore cited heavy traffic, both vehicular and foot traffic, in the
area. There are several schools in the area, plus the alley Medical Center
and people going to that facility use the neighboring streets as a short cut.
The streets are heavily traveled by vehicles coming off Bascom Avenue and the
apartment complexes behind at Tolworth. He requested that the zoning be left
as it is, R-D, in order to conform to the residences in the area and that
one-story duplexes be developed.
Chairman Dickson advised Mr. Blackmore that in the R-D zoning, two-story
duplexes could be built.
Mr. Kee advised that the height limitation would be 2~ stories.
Mr. Blackmore stated that he would stand firm in his opposition to the proposed
zone change and submitted the petition opposing the development.
Chairman Dickson advised that the intensity could be more severe with the R-D
zoning than with what is being proposed. This is a townhouse development and
is a good transition from R-1 to a heavier intensity.
Mr. Bamburg, Architect, stated that he was sorry that the homeowners in the
area felt the way they do. They were excited about the project and were of
the opinion that it would enhance the area. They are providing parking for
three cars per unit on site - not on the street. The street will deadend at
this point and there will not be congestion caused by the cars from the
development. There are nice trees on the property which they have kept and
this will be a quality development.
Chairman Dickson asked if anyone else wished to be heard.
Mr. Ralph Ridenhour, 2534 Downing Avenue,questioned the police and fire support
for this type of complex.
Mr. Kee advised that the Campbell Fire and Police will respond to calls on
this site.
Mr. Lister, 1206 Lenor Way, stated that the Campbell Fire Department cannot
handle a second alarm, and he thought that the Planning Commission should
be concerned about this.
Chairman Dickson asked Mr. Kee if the Fire Department had any comments
regarding this development.
Mr. Kee advised that the application was referred to the Fire Department and
did not indicate that there would be a problem.
Commissioner Vierhus moved that the public hearing be closed, seconded by
Commissioner Pack. Motion adopted unanimously.
Commissioner Samuelson stated that in his opinion there was still some question
regarding the noise.
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Chairman Dickson stated that the property is proposed for development of eight
townhouse units that would be under individual ownership, and it bothered him when
people sign a petition objecting to the land use and zoning that has been on
an area fora considerable period of time which allows this density. The
people should get out and let the Planning Commission and City Council know
their desires before an application comes before them. Not too long ago the
entire City was reviewed and meetings were held in neighborhood schools to
review the General Plan and Zoning and the land use and zoning was updated at
that time.
Commissioner Campos stated that the Architectural Advisor was very impressed
with the development. It has a unique design and he felt that it would be
an asset to the area.
Commissioner Vierhus stated that as a member of the Architectural Review
Committee, he was quite impressed by the plans presented and he also thought
it would be an asset to the neighborhood.
RESOLUTION N0. 1604 Commissioner Pack moved that the Planning Commission
adopt Resolution No. 1604 recommending that the
City Council adopt an ordinance approving ZC 77-6
from R-D to P-D, seconded by Commissioner Samuelson
and adopted by the following roll call vote:
AYES: Commissioners: Campos, Vierhus, Pack, Samuelson, Lubeckis, Dickson.
NOES: Commissioners: None.
ABSENT: Commissioners: None.
ABSTAIN: Commissioners: Hebard.
PD 77-13 Commissioner Samuelson moved that the Planning
Bamburg, M. A. Commission adopt Resolution No. 1605 recommending that
the City Council adopt an ordinance approving PD 77-13,
RESOLUTION N0. 1605 application of M. A. Bamburg, A.I.A., subject to the
conditions recommended, seconded by Commissioner
Lubeckis and adopted by the following roll call vote:
AYES: Commissioners: Campos, Vierhus, Pack, Samuelson, Lubeckis, Dickson.
NOES: Commissioners: None.
ABSENT: Commissioners: None.
ABSTAIN: Commissioners: Hebard.
ZC 77-7 This is the time and place for public hearing to consider
PD 77-14 the application of Marvin A. Bamburg, A.I.A., on behalf
Bamburg, M. A. of Simitar Venture II, for (1) a zone change from
Simitar Venture II R-3-S (Multiple Family Residential) to P-D (Planned
Development/High Density Residential) and (2) approval
of plans, elevations, and development schedule to allow
construction of twelve townhouse units on property known
as 60 Union Avenue.
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Commissioner Hebard announced that he would abstain from discussion and voting
on this application.
Chairman Dickson asked for the report of the Architectural Review Committee.
Commissioner Campos reported that the committee met with the applicant and
recommends approval subject to the conditions recommended by staff.
Mr. Kee reported that the staff recommends that the Planning Commission adopt
a resolution recommending that the City Council change the zoning from R-3-S
to P-D and also that the Planning Commission adopt a resolution recommending
that the City Council approve the plans, elevations, and development schedule,
subject to the recommended conditions. The proposed change is consistent with
the land use element of the General Plan which shows "High Density" for the
subject property.
Chairman Dickson asked what the existing zoning would allow in development of
the property.
Mr. Kee stated that the R-3 zoning would permit 15.9 units on the site and
the applicant is proposing a twelve-unit townhouse development. The proposed
structure will cover approximately 42 percent of the lot area.
Commissioner Campos stated that the plans indicate that there is adequate
on-site parking.
Commissioner Pack stated that with this project on Union Avenue they are getting
closer to forming a L.I.D. for the improvement of Union Avenue.
Chairman Dickson declared the public hearing open and asked if anyone wished
to be heard.
Mrs. Margaret Pasek, Michael Drive, spoke in opposition to the development
and cited the traffic on Union Avenue as the basis for her objection. She
stated that the street is narrow and it is difficult to walk or drive down it.
Chairman Dickson stated that it requires a certain number of applications to be
approved on Union Avenue in order to get a L.I.D. formed for the widening and
improvement of Union Avenue.
Mr. Helms advised that each applicant filing an application for development
along Union Avenue is required to dedicate the land necessary for the future
widening and to post a bond and sign an agreement to participate in a L.I.D.
He advised that when 60 percent of the property owners have signed up, they
can petition the City Council to form a L.I.D. for the improvement of the
street.
Mr. Bamburg, Architect, advised that the smaller units would have 1,215 square
feet and the larger units 1,297 square feet.
Mrs. Pasek stated that she did not think that the units should be approved
until something is done about widening Union Avenue. In the last two years
the area has deteriorated due to the type of developments allowed.
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Mr. Kee asked Mrs. Pasek if her property is the apartment development that backs
up to this property.
Mrs. Pasek stated that it was. She stated that she has been there a long time
and there were houses there when she bought - not apartments.
Chairman Dickson asked if anyone else wished to be heard. There being no one
wishing to speak, Commissioner Pack moved that the public hearing be closed,
seconded by Commissioner Lubeckis and unanimously adopted.
RESOLUTION N0. 1606 Commissioner Pack moved that Resolution No. 1606 be
adopted recommending that the City Council adopt an
ordinance approving ZC 77-7, application of Marvin A.
Bamburg, A.I.A., seconded by Commissioner Lubeckis and
adopted by the following roll call vote:
AYES: Commissioners: Campos, Vierhus, Pack, Samuelson, Lubeckis, Dickson.
NOES: Commissioners: None.
ABSENT: Commissioners: None.
ABSTAIN: Commissioners: Hebard.
Commissioner Pack stated that in answer to the people who are concerned about
the area, she is also concerned about Union Avenue becoming a thoroughfare. She
has questioned each development that has come before the Commission, and in
order to get streets improved there has to be an income coming in and the
property has to be dedicated and the only way to arrive at the ultimate end
is to have development. She was of the opinion that the proposed development
is a quality development and it is not at as high a density as could go in
under the General Plan. It is a very well-planned development.
PD 77-14 Commissioner Pack moved that the Planning Commission
Bamburg, M. A. adopt Resolution No. 1607 recommending that the City
Council adopt an ordinance approving PD 77-14,
RESOLUTION N0. 1607 application of Marvin A. Bamburg, subject to the
recommended conditions, seconded by Commissioner Lubeckis
and adopted by the following roll call vote:
AYES: Commissioners: Campos, Vierhus, Pack, Samuelson, Lubeckis, Dickson.
NOES: Commissioners: None.
ABSENT: Commissioners: None.
ABSTAIN: Commissioners: Hebard.
Chairman Dickson declared a recess at 9:10 p.m. Meeting was reconvened at 9:25 p.m.
ZC 77-8 This is the time and place for public hearing to
PD 77-15 consider the application of Mr. Ray Murdock and the
Murdock, R. Ray Murdock Associates for: (1) a change of zoning
Ray Murdock Assoc. from R-1 (Single Family Residential) to P-D (Planned
Development/Low Density Residential), and (2) approval
of plans, elevations, and development schedule to
allow construction of six single family residences on
property known as 491 Sunnybrook Drive.
Chairman Dickson asked for the report of the Architectural Review Committee.
Commissioner Campos stated that the committee recommends approval subject to
the conditions recommended by staff. The committee met with the applicant and
he is in agreement with the conditions.
Mr. Kee presented the site plan for review. The applicant is proposing to
change the zoning on a 1.12 acre parcel at 491 Sunnybrook Drive from R-1 to P-D
in order to construct six single family homes on a lot with an unusual shape.
The site was previously part of the San Tomas Expressway right-of-way.
The proposed change is consistent with the land use element of the General
Plan which shows "Low Density Residential" for the subject property.
The applicant is providing a two-car garage for each home. The Architectural
Advisor is of the opinion that the buildings present a neat, attractive style.
The development meets the requirements of the R-1 zone.
Commissioner Pack stated that there is no scientific back-up data on the sound
barrier and she asked what was going to be put in and how the developer arrived
at it.
Mr. Kee stated that this development is very similar to what was approved off
Darryl Drive where there was a masonry wall required.
Commissioner Pack stated that what can take place at one spot doesn't mean it
would apply at this location - it may require something more or something less.
There is no quantitative data to support it. Are they just arbitrarily taking
this and saying it will be sufficient. The City does have a noise element.
Mr. Kee advised that the Building Department would be required to check the
construction plans. The site plans were referred to that department for comment.
They would require the State standards and if anything else is needed, the
Commission may want a report.
Commissioner Campos stated that this subject has been raised twice by Commissioner
Pack and he asked if they are required to have a noise study for each development
along the freeways.
Mr. Kee stated that the City has a noise element but not a noise ordinance. However,
that does not mean that the Commission cannot apply a condition which would require
a noise study. The State does have requirements that the Building Department
is required to enforce under construction standards.
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Mr. Kee reviewed the site plan and elevations with the Commission. There is
no access to the property from Budd Avenue or the Expressway. The only access
for the six houses would be on the cul-de-sac from Sunnybrook Drive. The
average lot size is more than required by the R-1 zone - the average lot size
is 6,700 square feet. A six foot masonry wall is indicated which would come
down the Expressway around on Budd Avenue to the property.
Commissioner Vierhus stated that during the discussions in the Architectural
Review Committee meeting it was felt that anything higher than six feet would
create a "prison" effect.
Chairman Dickson declared the public hearing open and asked if anyone wished
to be heard.
Mr. Ray Murdock, applicant, stated that noise was a concern in developing the
plans and at first the wall was at an eight foot height, but during the
committee meeting it was revised to six feet because of the low-profile of the
structures. He stated that the County will participate with them in the
construction of the wall.
Chairman Dickson asked if anyone else wished to be heard.
Mr. Richard Madsen, 530 Millbrook Court, asked how many lots would be allowed
in the R-1 zone.
Mr. Kee advised the same number as being proposed.
Commissioner Hebard stated that the size of the lots are compatible with the
neighborhood. They would not be putting 6,000 square foot lots into a 9,000
square foot neighborhood.
Mr. Kee stated that the main point is that the whole area is a low density single
family area and that is what is being proposed. If there is not some kind of
development here, the City will be faced with what can be done with the property -
possibly, some kind of townhouse development. In the staff's opinion what is
presented is better than any other approach. It complies with the land use
element of the General Plan and staff is of the opinion that it is a good
development.
Chairman Dickson asked if anyone else wished to be heard.
Mrs. Mildred Duckett, 458 Budd Avenue, asked if they would be one story, owned
or rented, and about the fence. She cited the noise from the expressway.
Mr. Kee advised that the houses would be one story and would be owned.
Mrs. Duckett stated that, .personally, she was happy to see single family, one
story development rather than high-rise, condominiums or townhouses.
Mrs. Mabel Bryan, 473 Budd Avenue, stated that she lives next door to the
project and she asked what is going to be done to avoid noise from the project.
Is there going to be a wall on the west side as well as along the Expressway
and Budd Avenue?
Mr. Kee stated that there is going to be a wood fence constructed.
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Mrs. Bryan asked what is going to be done about Sunnybrook. It is a terrible
street, there are no sidewalks.
Mr. Helms stated that there are no plans for improving Sunnybrook. The street
_ was developed as an unincorporated area and the County did not require any
street improvements. The City does not develop streets in residential areas
unless the residents participate in an improvement district. He explained
the process for getting a L.I.D. started.
Commissioner Pack moved that the public hearing be closed, seconded by
Commissioner Samuelson and unanimously adopted.
Commissioner Hebard stated in looking at the lot on the south side of
Sunnybrook, there is going to be a driveway pretty close to the adjoining house.
It would be like living on a corner lot without the benefit of a 25 foot set-
back from the street. That driveway would serve four lots and only a wood
fence would separate it from the house. Maybe that should be looked at for a
sound barrier rather than a wood fence.
Mr. Kee stated that it would be a private street owned by four lots. The
landscaping strip would be a part of it and maintained by the property owners.
There is a requirement that the private street would be maintained. The other
alternative would be a street along the Expressway and front the homes out to
the Expressway. It was staff's opinion that the proposed development would be
better. It would seem to staff that this is a very good development.
Mr. Kee stated that the cul-de-sac would be a dedicated portion of the street,
the other part would be a private street and it has been the past practice of
the City to have it in common ownership and have an agreement for the maintenance.
Commissioner Pack stated that a wooden fence can be used for sound attenuation
if constructed of the proper type wood and materials.
Commissioner Hebard stated that the Commission could vote on the project with
the added condition that the information available from the County on sound
attenuation be brought to the City Council when the Commission's recommendation
goes to them.
Mr. Kee stated that he would suggest a study by an acoustical consultant to be
approved by the Planning Director, which would include the Expressway and the
four lots fronting out to the private street.
Chairman Dickson asked the applicant if he was in agreement.
Mr. Murdock asked if they were to obtain any particular level.
Mr. Kee stated that they would depend on the expert to give his recommendation.
RESOLUTION N0. 1608 Commissioner Hebard moved that the Planning Commission
adopt Resolution No. 1608 recommending that the City
Council adopt an ordinance approving ZC 77-8, application
of Ray Murdock, seconded by Commissioner Campos and
adopted by the following roll call vote:
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AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis,
Dickson.
NOES: Commissioners: None.
ABSENT: Commissioners: None.
PD 77-15 Commissioner Hebard moved that the Planning Commission
Murdock, R. adopt Resolution No. 1609 recommending that the City
Council adopt an ordinance approving PD 77-15, subject
RESOLUTION N0. 16og to the conditions recommended by staff and with the
added condition that a report be prepared by an
acoustical consultant and submitted to the Planning
Department for approval by the Planning Director to
speak to noise along the Expressway and the four lots
fronting out to the private street. Motion seconded
by Commissioner Campos and adopted by the following
roll call vote:
AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis,
Dickson.
NOES: Commissioners: None.
ABSENT: Commissioners: None.
PD 77-16 This is the time and place for public hearing to consider
Adragna, V. F. the application of Mr. Vito F. Adragna, and the Acme
Acme Vending Co. Vending Company, for approval of plans, elevations, and
development schedule to allow construction of two, two-
story mini-warehouse structures on property known as
61 Dillon Avenue in a P-D (Planned Development/Industrial)
Zoning District.
Commissioner Vierhus stated that the record should show that he would abstain
from discussion or voting on this item on the advice of the City Attorney.
Chairman Dickson asked for the report of the Architectural Review Committee.
Commissioner Campos reported that the committee recommends continuance to the
June 7, 1977, meeting so revised plans can be submitted.
Mr. Kee advised that the parking distance and ratio was a concern. The staff
and architectural advisor were of the opinion that the appearance of the
building was acceptable.
Chairman Dickson declared the public hearing open.
Commissioner Hebard moved that PD 77-16 be continued to the June 7, 1977, meeting,
seconded by Commissioner Samuelson and unanimously adopted.
T.A. 77-2 This is the time and place for public hearing to consider
Shopping Center an amendment to Chapter 21.02 of the Campbell Municipal
Code by adding Section 21.02.353 to define the term
"Shopping Center."
Chairman Dickson asked Mr. Kee for his comments.
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Mr. Kee stated that the staff was requested to present a definition of a
shopping center that would be included in the Zoning Ordinance. Staff had
previously proposed a definition of a shopping center which. included wording
"retail shops and/or offices." During discussion, the Commission was concerned
over the term "and/or" in that it would be conceivable for a shopping center
to consist solely of offices. The general consensus was that while a
shopping center ~uuld contain offices, such office use would be incidental
to the main use, which would be retail sales. The definition submitted is
essentially the same as the one recommended previously with the exception that
• the term "retail shops and/or offices" is changed to "retail shops and offices."
Staff has added a limitation clause which would require that any office use
would be incidental to the main retail use. Any outdoor business activity
would need to be located in a shopping center of five acres or more. However,
it would seem to staff that a shopping center could be three acres in size.
Commissioner Vierhus stated that a service station would not be allowed in
a shopping center of three acres unless it was at a major intersection.
Commissioner Pack stated that the definition does not say anything about
services, entertainment-type facilities. She asked why offices are included
in the definition when service-type and entertainment-type uses are not mentioned.
Mr. Kee advised that the C-1 and C-2 zones include service-type uses. Retail
businesses establishes the main intent - it is not to list uses and possibly
leave out something that could cause a problem. Retail would include service-
type uses.
Chairman Dickson declared the public hearing open and asked if anyone wished
to speak.
Commissioner Hebard moved that the public hearing be closed, seconded by
Commissioner Samuelson and unanimously adopted.
RESOLUTION N0. 1610 Commissioner Hebard moved that the Planning Commission
adopt Resolution No. 1610 recommending that the City
Council adopt an ordinance to include the definition
of a "Shopping Center" in the Campbell Municipal Code
as recommended by staff with a change in the wording
to "retail businesses and offices", seconded by
Commissioner Samuelson and adopted by the following
roll call vote:
AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis,
Dickson.
NOES: Commissioners: None.
ABSENT: Commissioners: None.
G.P. 76-2-C This is the time and place for continued public hearing
West Valley College to consider the future use of the West Ualley College
Site Site.
Chairman Dickson asked Mr. Kee for his comments.
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Mr. Kee stated that the staff recommends a continuance to the second meeting in
August. The school district is in the process of preparing a parcel map and
for this reason the continuance recommendation is being made.
Commissioner Hebard moved that G.P. 76-2-C be continued to the second meeting
in August, seconded by Commissioner Pack and unanimously adopted.
MISCELLANEOUS
UP 74-13 Continued application of Mr. R. J. Stedman for
Stedman, R. J. approval of plans to convert a warehouse into an
industrial building on property known as 240 Dillon Avenue.
Chairman Dickson asked for the report of the Architectural Review Committee.
Commissioner Campos reported that the committee recommends a continuance to
the June 7s 1977, meeting. The Planning staff received a letter from the
applicant's attorney and they have not had time to meet with the applicant and
his attorney to discuss the contents of the letter, therefore, the continuance
recommendation is being made.
Commissioner Hebard moved that UP 74-13 be continued to the June 7, 1977, meeting,
seconded by Commissioner Pack and unanimously adopted.
T.S. 77-3 Tentative Subdivision Map - Lands of Tolesano
Lands of Tolesano A.P.N.: 403-13-34, 98, 99, 100
Mr. Kee presented the tentative map and advised that the applicant is proposing
to subdivide an existing orchard into eleven single family lots. Lot No. 11 will
require a conditional exception in that it is approximately 200 feet short of
the required 6,000 square feet. This results from an angular rear property line
that provides for the preservation of a very large oak tree on the property to
the east. At the front of Lot No. 11 there is another large oak tree, and a
condition of approval is a sidewalk easement, as required by the Director of
Public Works in the event that a standard street improvement would jeopardize
the well-being of the tree. The sidewalk may have to be routed on the easterly
side of the tree.
Commissioner Hebard asked why Lot No. 11 is being made a substandard lot.
Mr. Powell advised that it would be substandard by one foot.
Mr. Richard Wong, Engineer, stated that Lot No. 11 will be 6,000 square feet.
They will take some area from Lots No. 9 and 10 and make the final adjustments
on the final map.
After further discussions on the exception to Lot No. 11, Commissioner Vierhus
moved that the Commission recommend to the City Council that they approve
T.S. 77-3, subject to the conditions recommended by staff, seconded by
Commissioner Samuelson and unanimously adopted.
T.S. 77-4 Tentative Subdivision Map - Lands of Ginden
Lands of Ginden A.P.N.: 403-8-11
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Mr. Kee presented a map indicating the proposed subdivision. The applicant
is proposing to subdivide an existing 1.39 acre parcel into seven R-1 lots.
He advised that he had talked to Mrs. Ginden and she requested that Lots No.
2, 3, and 4 remain as one parcel and that area could be subdivided at a later
date. The applicant wants to retain the original house at the present time.
The remaining lots would be subdivided as shown on the tentative map.
Commissioner Hebard moved that T.S. 77-4 be approved, subject to the recommended
conditions with a change to Condition No. 7 to read: Lots 2, 3, and 4 to be
combined into one lot, seconded by Commissioner Samuelson and unanimously
adopted.
Referral from Referred application of Mr. Robert Raffanti for approval
City Council: of plans, elevations, and development schedule to
PD 77-9 allow a residence to be moved from 235 Pine Avenue to
Raffanti, R. 106 East Rincon Avenue in a P-D Zoning District.
Chairman Dickson asked Mr. Kee for his comments.
Mr. Kee stated that the staff recommends that the Planning Commission reaffirm
their previous recommendation of approval. This item was referred back to
the Planning Commission in order that plans could be revised indicating existing
trees on the site. He presented an aerial to the Commission which indicated the
location of the trees in question. It would appear to the staff that the
house could be located on the lot without affecting any of the trees.
The staff recommends that the Commission reaffirm its previous recommendation
of approval.
After some discussion as to the size and location of the building to be
relocated, Commissioner Vierhus moved that the Planning Commission reaffirm
its previous recommendation of approval on the application of Robert Raffanti,
PD 77-9, seconded by Commissioner Samuelson and unanimously adopted.
Report by Chairman Chairman Dickson advised that the Civic Improvement
on Commissions' Commission is working on the 25th Birthday Celebration
Activities and the Fourth of July activities.
The Youth Commission is working on a skateboard petition,
and the recommendation that they should have a youth
activity leader to work with high school students.
ADJOURNMENT Commissioner Pack moved that•the meeting be adjourned,
seconded by Commissioner Samuelson and unanimously
adopted. The meeting was adjourned at 11:20 p.m.
APPROVED:
J. DuWayne Dickson, Chairman
ATTEST:
Arthur A. Kee, Secretary
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