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PC Min 04/19/1977PLANNING COMMISSION CITY OF CAP1PBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES APRIL 19, 1977 The Planning Commission of the City of Campbell convened this day in regular session, at the regular meeting place, the Council Chambers of the City Hall, 75 North Central Avenue, Campbell, California. ROLL CALL 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 April 5, 1977, meeting be approved as received, seconded by Commissioner Samuelson and unanimously adopted. COMMUNICATIONS Mr. Kee reported that the communications received relate to specific items on the agenda. ARCHITECTURAL APPROVALS "S" 76-23 Continued application of Mr. F. James Miller, on Miller, F.J. behalf of the U-Save Rockery, for approval of plans U-Save Rockery to change the location of landscaping fora rockery- nursery to be located on property known as 500 Railway Avenue in a M-2-S (Heavy I~~dustrial) Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends continuance of the application of Mr. F. James Miller, on behalf of the U-Save Rockery. The applicant was~not present at the meeting and he had requested a continuance to the next regular meeting. Commissioner Vierhus moved that "S" 76-23 be continued to the May 3, 1977, meeting, seconded by Commissioner Samuelson and unanimously adopted. "S" 77-13 Continued application of Mr. T. E. Burke, on behalf of Burke, T.E. the Campbell Community Hospital, for approval of plans Campbell Community to construct a medical-dental building on property known Hospital as 18 East Hamilton Avenue in a P-F (Public Facilities), P-0 (Professional Office), and R-1 (Single Family Residential) Zoning Districts. Commissioner Campos reported that the Architectural Review Committee recommends continuance of the application of Mr. T. E. Burke, on behalf of the Campbell Community Hospital. The applicant is to submit revised plans and the continuance i s recommended . Commissioner Vierhus moved that "S" 77-13 be continued to the May 3, 1977, meeting, seconded by Commissioner Pack and unanimously adopted. "S" 77-14 Continued application of Mark S. Madden, D.V.M., for Madden, Mark S. approval of plans to convert a residence into a veterinary hospital on property known as 2175 South Bascom Avenue in a C-2-S (General Commercial) Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends continuance to the next regularly scheduled meeting. Commissioner Campos reported that the applicant was present at the committee meeting and there was considerable discussion as to the compatibility of the design of the addition to the existing structure. The committee felt that the applicant should submit alternative designs so the new addition would be more compatible with the existing building. Commissioner Pack asked if the applicant was in agreement to the continuance. Mr. Kee stated that the applicant was in attendance and if he were not in agreement with the continuance, he was sure that he would come forward and state his feelings to the Commission. Commissioner Vierhus stated that the primary concern was the treatment of the wall and the type of roof on the new addition. The commiittee did not feel that it was compatible with the existing design cf the building. Commissioner Pack moved that "S" 77-14 be continued to the next regular meeting, seconded by Commissioner Lubeckis and unanimously adopted. "S" 77-15 Application of Mr. Russell J. Valenti for approval of Valenti, Russell plans to construct an office-warehouse building on property known as 607 McGlincey Lane in a M-1-S (Light Industrial) Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends continuance on the application of Mr. Russell J. Valenti. The applicant is to submit revised plans. Commissioner Pack moved that "S" 77-15 be continued to the May 3, 1977, meeting, seconded by Commissioner Samuelson and unanimously adopted. "S" 77-16 Application of Mr. William Errico for approval of Errico, William plans to construct a 19 unit apartment complex on property known as 420 Union Avenue in a R-3-S (High Density Residential) Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends continuance to the next regular meeting. The applicant is to submit revised plans. Commissioner Pack asked if the applicant was in agreement with the continuance. Mr. Kee reported that he was not present at the committee meeting, but it was his understanding that he was in agreement with the recommendation. Commissioner Pack moved that "S" 77-16 be continued to the May 3, 1977 meeting, seconded by Commissioner Samuelson and unanimously adopted. -2- "S" 77-17 Application of Mr. Donald E. Bothwell for approval of Bothwell, Donald E. plans to construct a six-unit apartment complex on property known as 216 West Rincon Avenue in a R-2-S (Medium Density Residential) Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends approval of the application of Donald E. Bothwell, subject to the conditions recommended by staff and with the added condition that the driveway materials are to be approved by the Planning Director and Architectural Advisor. Commissioner Pack expressed concern about the traffic being placed on Rincon Ave. Mr. Helms advised that it was a standard 60 foot wide street and staff would anticipate no problems with a development of this size. Commissioner Pack moved that "S" 77-17 be approved subject to the conditions as recommended and the added condition regarding driveway materials, seconded by Commissioner Lubeckis and adopted unanimously. Conditions of approval - "S" 77-17: 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. 6. Driveway materials to be approved by the Planning Director and the Architectural Advisor. 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. -3- 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. Pay remaining storm drainage area fee due, $29.00. I. Driveway to be minimum of five feet from property line. FIRE DEPARTMENT J. Provide an on-site hydrant connected to the street main. K. Note trash enclosure on plans. The applicant is notif Ordinances of the City not herein specified. "S" 77-18 Kellar, Edward D. ied that he shall comply with all applicable Codes or of Campbell which pertain to this development and are Application of Mr. Edward D. Kellar for approval of plans to convert a residential structure into an office building on property known as 131 East Hamilton Avenue in a P-0 (Professional Office) Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends approval of the application of Mr. Edward D. Kellar, subject to the conditions recommended by staff. The applicant wanted to move the existing garage to another location on the site and use it for security reasons for parking his vehicle. However, the committee recommends that the garage be removed and that is a condition of approval. Mr. Kee stated that the applicant intends to come back at a later date to discuss a modification to the approved plan so he could provide covered parking on the site. -4- Mr. Kee presented the plans for the Commission's review. Mr. Kee advised that the Architectural Advisor is of the opinion that the existing house is without any distinct character and the proposed changes would be an improvement in the appearance of the building. Commissioner Samuelson moved that "S" 77-18 be approved subject to the following conditions: 1. Property to be fenced and landscaped as indicated and as added in "red" on plans. 2. Landscape plan indicating type of plant material, location of hose bibs or sprinkler system and type of fencing to be submitted for approval of the Planning Director at time of application for building 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. 6. Remove existing garage. 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. 6. Underground utilities to be provided as required by Seciton 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. -5- 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. Conversion of residence to offices shall require a building permit and structure shall be required to meet 1973 Uniform Building Code standards. PUBLIC WORKS DEPARTMENT I. Obtain an excavation permit for all work within the street right-of-way. J. Pay storm drainage area fee of $170. FIRE DEPARTMENT K. Provide 2A-IOBC fire extinguisher. L. Locate trash enclosure on plans. The applicant is notified that he shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. Motion seconded by Commissioner Pack and unanimously adopted. UP 74-13 Application of Mr. R. J. Stedman to change the Stedman, R. J. warehouse use of a building into an industrial use on property known as 240 and 250 Dillon Avenue in a P-D (Planned Development) Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends a continuance for 30 days on the application of Mr. R. J. Stedman. The applicant has requested the continuance and the committee concurs. Commissioner Hebard moved that UP 74-13 be continued to the May 17, 1977, meeting, seconded by Commissioner Pack and unanimously adopted. PUBLIC HEARINGS UP 77-4 This is the time and place for continued public hearing "S" 77-11 to consider the application of Mr. Allen R. Arthur and Arthur Development the Arthur Development Company fora use permit and Company approval of plans to allow construction of a restaurant with drive-through facilities on property known as 200 East Hamilton Avenue in a C-1-S Zoning District. -6- Mr. Kee reported that this application would be considered in two phases. First, the determination of the use permit application and if the use permit is granted, then the Architectural Review Committee would have a recommendation to the Commission. The staff was directed, at the last Commission meeting, to bring back a definition of a shopping center. He stated that staff has submitted a definition of a shopping center and recommends approval of that definition for purposes of this proposal. The term "shopping center" has never been defined in the Campbell Municipal Code, however, at one time the Commission did recommend that such a definition be included. In 1965, the Commission adopted a resolution which pertained to a text amendment for service stations and other outdoor businesses. This resolution was adopted by a 4-3 vote of the Commission. When the matter was before the Council, it was continued to a future study session with the Commission and was not adopted by the Council on January 10, 1966, by a 2-3 vote. Staff recommends that the Commission approve the definition of a shopping center as submitted: Shopping Center. A group, or cluster, of retail shops and/or offices which share common areas for off-street parking and which are located on a parcel of land having the following characteristics: (a) Minimum area of 3 acres uninterrupted or undivided by public streets. (b) Abutted on at least two sides by public streets which intersect at one corner of the shopping center. (c) Having a minimum depth from any abutting street of 300 feet. (d) May consist of one or more lots, and one or more ownerships. Mr. Kee advised that this definition comes from the original definition at the time the Outdoor Business Activity Ordinance was being considered. If the Commission makes the determination that this is not a suitable definition for a shopping center, then they should deny the application for use permit, which would also affect the application for. site and architectural approval. The use permit should be considered first, and if approved, the Commission can review the plans and require any change that they feel is necessary to have the building conform to the existing buildings to the east, which is the office complex. The Commission must first make a determination of the use permit as to whether or not the use can be compatible with the surrounding area. Commissioner Vierhus was of the opinion there were not enough guidelines for the Commission to make a determination. He stated he was not comfortable with the recommendation of the staff as to what is a shopping center. How far can the Commission go in establishing a definition of a shopping center? Chairman Dickson asked where the definition of a shopping center would go after the hearing before the Commission. Mr. Kee stated that the definition is for the purposes of this specific proposal and any other definitions that would come up at a later date would stand on their own merits. Chairman Dickson stated that one section of the Ordinance says that the Commission can approve a use in a shopping center and defines the location where they can be located, but there is no definition of a shopping center any place in the Ordinance. City Attorney Dempster advised the Commission that they should confine their discussions to this particular proposal. There is no definition of a shopping center in the Ordinance, however, Mr. Kee has made some recommendations to the Commission. The Commission can add or detract from those recommendations and come up with a decision. Commissioner Vierhus asked the City Attorney if he was saying that every time an issue comes up like this, that the Commission can make their own decision. Mr. Dempster stated that a situation like this is not going to come up very often, and if one does present itself, it can be handled at that time. He advised the Commission to consider this situation as a separate case and consider the history of this particular situation and apply to it as best they can the recommendations the staff has made, and add to them or detract from them, and come to a conclusion. Commissioner Vierhus stated it was his understanding that the Commission should decide tonight if the Koll Center is a shopping center without regard of any previous action taken. Commissioner Hebard asked if the discussion of the definition of a shopping center is part of the public hearing, or is that deliberation made before going into the public hearing. Mr. Kee stated that the staff made the determination in accepting the application that they were following the previous definition. The General Plan indicates the area for commercial, the zoning is commercial, and offices are permitted in the commercial zone. It is a policy matter. If in the opinion of the Commission, this is not a shopping center, then that is the problem to deal with. If the Commission agrees with the staff recommendation that it does serve as a shopping center, the question is whether or not it is a compatible use according to the use permit section of the Ordinance. The proposed use is not a 100 percent drive-in use. There is a seating capacity for 60 persons in the building, but according to the code, there is no other way to define it. He advised that the Commission should consider the definition of a shopping center first, and then go into the use permit. The staff has presented some guidelines for the Commission to consider and these guidelines should be applied to this proposal only. Commissioner Pack stated that there can be shops and offices in a shopping center and she would like to have the word "or" scratched in the definition so it would read: "A group, or cluster, of retail shops and offices which, ...." The primary function of a shopping center should be retail shops. Commissioner Hebard stated that he could not go along with the same degree of similarity that the Planning staff has drawn between an office park and a shopping center. Chairman Dickson stated that, in his opinion, a shopping center is for retail shops primarily and the wording "and/or" offices leaves him in a quandry. He questioned how the Commission could adopt a definition fora shopping center on this proposal and not use it on any other application. Mr. Kee stated that he was not aware of any other area in the City where there are five acres of offices in the City. The Prune Yard is the only other area of five acres of offices where there could possibly be commercial put in. -8- Commissioner Hebard stated that this is not a shopping center. It is an office park. City Attorney advised that the Commission should take all facts into consideration. At one time the Commission did allow a service station at this location. Commissioner Hebard moved that the Commission make the determination that this proposed project is not in a shopping center, seconded by Commissioner Pack. Chairman Dickson stated that based on that determination, the next step for the Commission is to consider the use permit. Mr. Kee advised that the appropriate procedure would be to open the public hearing. The applicant may want to speak on the item. Vote on the motion: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commissioners: None. ABSENT: Commissioners: None. Chairman Dickson announced that this is a continued public hearing and asked if anyone wished to speak for or against the motion. Mr. Anthony Morici, owner of the property, asked the City Attorney how this property was approved fora shopping center and a service station on this corner just two years ago under the same Ordinance and now it is not a shopping center. He reviewed the history of the property and the applications that were approved. There was an approval granted fora service station use, which is a drive-in use, at the corner of Third and Hamilton. Previous to that approval, the Don Koll Company developed the property for professional offices and Coco's Restaurant, and after that developed he asked for the use permit for the service station and it was approved. At that time everything was compatible with the City - the service station, the professional offices, and Cocos, and it was his opinion that it conforms to the General Plan and C-1-S zoning. The site was previously approved for the service station and easements have been granted and landscaped for the driveway through the property at the time the professional office center was approved. The Don Koll Company is in agreement with the drive-through use. Mr. Roger Knight, representing the developer, stated that they want to make the building compatible with the ones already in the area. There will be a seating capacity for 60 persons inside the restaurant and the drive-through is to serve those people wishing to drive up and pick up their food. Mr. Riley, architect representing Del Taco, stated that the Don Koll complex is not a 100 percent office complex as there are numerous. commercial establishments in the complex. He stated that he would be glad to answer any of the Commission's questions. -9- Mr. Morici stated that for the record, the use permit was not approved as a hardship. The service station was approved after the Don Koll project was approved and it was not approved as a hardship. Chairman Dickson asked if anyone else wished to be heard. There being no one wishing to speak, Commissioner Hebard moved that the hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1597 Commissioner Hebard moved that the Planning Commission adopt Resolution No. 1597 denying the application of Allen R. Arthur fora use permit and approval of plans to allow construction of a restaurant with drive-through facilities on property known as 200 East Hamilton Avenue based on the finding that the site does not comply with the Outdoor Business Activity Ordinance of the City. Motion seconded by Commissioner Pack. Chairman Dickson asked for discussion on the motion. Mr. Kee advised that the applicant would have the right of appeal to the City Council, in writing, within ten days from the date of this decision. The letter must be addressed to the City Council. Vote on the motion: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commissioners: None. ABSENT: Commissioners: None. "S" 77-11 Continued application of Mr. Allen R. Arthur, and Arthur Arthur, Allen R. Development Company, for approval of plans to allow Arthur Development construction of a restaurant with drive-through facilities Company on property known as 200 East Hamilton Avenue in a C-1-S Zoning District. Commissioner Pack moved that "S" 77-11 be denied, seconded by Commissioner Samuelson and unanimously adopted. PD 75-4 This is the time and place for continued public hearing Campbell Building on the application of Campbell Building and Investment and Investment Co. Company, Inc. for approval of plans, elevations, and development schedule to allow construction of an office building on property known as 54 North Central Avenue in a P-D (Planned Development/Commercial) Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends continuance to the first meeting in June. The continuance would allow the Commission to consider the application in relation to the parking district. Commissioner Hebard asked if the applicant was in agreement with the continuance. Chairman Dickson asked if the applicant wished to be heard. -10- Mr. Hardy was present and indicated agreement with the continuance. Commissioner Hebard and Chairman Dickson were of the opinion that the plans should go back to the Architectural Review Committee for review. Commissioner Pack moved that PD 75-4 be continued to the June 7, 1977, meeting, seconded by Commissioner Samuelson and unanimously adopted. PD 77-2 This is the time and place for continued public hearing Gallo, Mr. and to consider the application of Mr. and Mrs. Nino Gallo Mrs. Nino for approval of plans, elevations, and development schedule to allow construction of a warehouse building on property known as 71 Gilman Avenue in a P-D (Planned Development/Industrial) Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends a continuance to the next meeting in order that revised plans may be submitted. The applicant has requested the continuance. Chairman Dickson stated this is a continued public hearing and he asked if anyone wished to b e heard. There being no one present wishing to be heard, Commissioner Hebard moved that PD 77-2 be continued to the May 3, 1977, meeting, seconded by Commissioner Pack and unanimously adopted. PD 77-10 This is the time and place for public hearing to consider Herr, Joseph the application of Mr. Joseph Herr for approval of plans, elevations, and development schedule to allow construction of a warehouse building on property known as 101 Gilman Avenue in a P-D (Planned Development/ Industrial) Zoning District. Mr. Kee reported that the applicant called the office to advise that he was ill and could not attend the meeting. He was present at the Architectural Review Committee meeting, however, when the plans were reviewed. Commissioner Campos reported that the Architectural Review Committee met with the applicant and recommends approval subject to the recommended conditions. Chairman Dickson requested that the Commission review the plans inasmuch as it is in a PD zone and would go on to the Council. Commissioner Pack asked Mr. Kee that if the building were not kept as a warehouse use at some future date, would the parking still be adequate? Mr. Kee stated that the approval would be for warehouse purposes only. One of the conditions of approval is that the applicant sign an agreement satisfactory to the City Attorney that the property will be used for warehouse purposes only. Chairman Dickson asked if the parking ratio were similar to other warehouse approvals. Mr. Kee advised that it was slightly higher. The plans have been reviewed by the Fire Department and they find no problems with the proposal. Commissioner Dickson asked staff how soon would the Gilman-Dillon area streets be brought up to standard. -11- Mr. Helms advised that approximately 50 percent of the property owners are committed to a L.I.D. and it takes a 60 percent petition to initiate a L.I.D. Within a year a L.I.D. should be possible. There being no one else wishing to be heard, Commissioner Hebard moved that the public hearing be closed, seconded by Commissioner Samuelson and unanimously adopted. RESOLUTION N0. 1598 Commissioner Samuelson moved that the Planning Commission adopt Resolution No. 1598 recommending that the City Council adopt an Ordinance approving PD 77-10, application of Joseph Herr, subject to the conditions recommended by staff, seconded by Commissioner Lubeckis and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commissioners: None. ABSENT: Commissioners: None. ZC 77-4 This is the time and place for public hearing to PD 77-11 consider the application of Mr. Lowell Grattan: (1) to Grattan, Lowell change the zoning from R-M (Multiple Family Residential} to P-D (Planned Development/Low-Medium Density Residential) and (2) for approval of plans, elevations, and development schedule to allow construction of an eighteen-unit apartment complex on property known as 650 West Sunnyoaks Avenue. 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. A letter was received from the Santa Clara Valley Water District and he asked that Mr. Kee elaborate on its contents. Mr. Kee advised that there is a 35 foot Water District easement at the south end of the parcel and the application was referred to the Water District for comment. A letter was received from the Water District today outlining their concerns. (Letter on file in the Planning Department Office). A condition of approval would be that the applicant comply with the requirements as specified by the Santa Clara Valley Water District. Mr. Powell presented the plans and pointed out the location. of the Water District easement to the rear of the property. The staff recommends approval, as well as the Architectural Advisor. The only reason the continuance was recommended was that the response from the Water District had not been received when the agenda material was prepared. Commissioner Pack asked about the condition of Sunnyoaks Avenue. -12- Mr. Helms advised that they would rather not have a continuous straight line from Hacienda and there will be an offset slightly to the left. Mr. Kee stated that the General Plan indicates low density residential to the west of the subject property and there was concern from the Planning staff about aligning the street to bring high density traffic through single family develop- ment. In 1969 the land use plans for the area were developed and the area immediately to the west was changed about three years ago from low-medium density to low density. Mr. Kee presented a map showing the adjacent property. The proposal is at a less density than he could apply for under the General Plan and the zoning that is existing. Chairman Dickson declared the public hearing open and asked if anyone wished to be heard. Mr. John Cook, homeowner on Sunnyoaks Avenue, spoke in opposition to the proposal. He stated that the street is in bad condition and there is not enough parking for the apartments in the area. When people from the apartments park on both sides of the street, Sunnyoaks becomes a one-way street. He stated that until the street is brought up to a standard that can take care of the traffic, the people living in the area should be considered. Mr. Hawks, 834 Sunny Arbor, stated that he lives next door to the subject property and Sunnyoaks traffic is very heavy and the street is in very bad condition. He suggested that the staff check with the Fire Department as to the problems they have in getting in and out of the fire station. He also stated that staff should check with the Police Department regarding the accident rate in the area. He cited the noise problem due to motorcycles. There was discussion as to the number of units being proposed on the property and the number allowed under the General Plan. The applicant is proposing to construct 18 townhouse units and a maximum of 19 would be allowed on the property. Mr. Diaz, Bucknam Avenue, opposed the project citing heavy traffic in the area. He asked how many parking spaces would be provided. Mr. Kee advised that there are 24 covered and 21 uncovered parking spaces indicated on the plans. Two and a half (22) spaces per unit, which is one space more per unit than would be required. Mr. Diaz stated that the City has enough apartments. They should never have been allowed. Commissioner Hebard advised that several years ago that area was designated as high density and the Planning Commission and City Council did go through and make changes, reducing the densities in the City, and this is one of the areas that was changed. He stated that he did not know of one case where the Planning Commission has gone back up in density. The apartment complex on Hacienda was one of the projects which started the whole movement for lowering densities. Mr. Dale Lounsbury, 801 Sunny Arbor Court, spoke in opposition to the proposal, and he asked if the units would be individually owned. Mr. Grattan informed him that they would. -13- Mr. Lounsbury expressed concern about the quality of the people who would be living in the units. Commissioner Hebard moved that the public hearing be closed, seconded by Commissioner Samuelson and unanimously adopted. RESOLUTION N0. 1599 Commissioner Pack moved that Resolution No. 1599 be adopted recommending that the City Council adopt an Ordinance approving ZC 77-4, application of Lowell Grattan, and approval of plans, elevations, and development schedule subject to the conditions recommended by staff and condition 8 to read: "Applicant to meet the requirements as specified by the Santa Clara Valley Water District." Motion seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commissioners: None. ABSENT: Commissioners: None. MISCELLANEOUS PD 74-3 Application of Mr. Joseph Carlino fora six-month Carlino, J. extension of time to a previously approved development schedule to allow construction of a skating center on property known as 360-400 West Rincon Avenue in a P-D (Planned Development/Medium Density Residential) Zoning District. Mr. Kee advised that the staff recommends approval of the requested extension of six months subject to the original conditions of approval. Chairman Dickson stated that possibly there should be some discussion on the parking spaces. Mr. Kee stated that everything is the same as when this application was approved. This is the second extension and the Commission has a policy of looking at plans on second extensions. Staff is saying that the Commission might want to review this application and the parking might be one area they might want to re-evaluate. Commissioner Hebard moved that the plans for PD 74-3 be referred to the Architectural Review Committee for review and then the Commission would consider the request for extension. Motion seconded by Commissioner Pack. Chairman Dickson asked the applicant if the continuance would create a hardship. Mr. Carlino, applicant, indicated that it would not be a hardship if the plans were referred back to the Architectural Review Committee. Motion unanimously adopted. -14- Staff Report San Tomas Carden Apartments Mr. Powell reported that the Planning staff inspected the apartment complex again on March 28, 1977. It was observed that the fence along the southerly property line was not being maintained. The balance of the project appeared to be in a satisfactory condition. The resident manager has been invited to attend this meeting, and a copy of the letter was sent to the project owners and the HUD area director. Chairman Dickson asked if the resident manager wished to speak. Ms. Karen Irwin, resident manager, reported that they are trying to clean the apartment area up - they have been painting and fixing up but they are short of money and help. Three-fourths of the fence has been replaced and they are reinforcing the grape stake fence until they have funds to replace it. They have quite a vandalism problem because they are near a shopping center. Commissioner Hebard reviewed the project with Ms. Irwin and advised that the City wants to make sure that the project succeeds. They want to prove that in our community one of the HUD projects can work. Ms. Irwin stated they have a real problem with trash being dumped in the ditch and the Santa Clara Valley Water District refuses to come out and clean it out. Commissioner Dickson suggested that she come to the Planning Office and ask for help in dealing with the other agencies. Chairman Dickson asked Mr. Kee if he had received a response to the letter sent to the Director of HUD. Mr. Kee replied that he had not. He advised that the staff would again review the project and report back to the Commission quarterly. Text Amendment Commissioner Samuelson suggested that the staff prepare Shopping Center a formal definition of a shopping center so it can be made a part of the Ordinance. Commissioner Hebard stated that the definition should reflect the discussion held by the Commission with regard to the matter of retail uses. Mr. Kee suggested that the Commission, by motion, set a public hearing for a text amendment. Commissioner Samuelson moved that a public hearing be held on May 17, 1977, on a proposed text amendment to include the definition of a shopping center in the Outdoor Business Activity Ordinance, seconded by Commissioner Pack and unanimously adopted. ADJOURNMENT Commissioner Vierhus moved that the meeting be adjourned, seconded by Commissioner Hebard and unanimously adopted. The meeting was adjourned at 10:05 p.m. APPROVED: . DuWayne D ckson, Chairman ATTEST: Arthur A. Kee, Secretary