Loading...
PC Min 04/05/1977PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES APRIL 5, 1977 The Planning Commission of the City of Campbell convened this day in regular session, at the regular meeting place, the Council Chambers of the City Hall, 75 North Central Avenue, Campbell, California. ROLL CALL Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Present Lubeckis, Dickson; Secretary Arthur A. Kee; Senior planner Philip J. Stafford; City Attorney J. Robert Den-pster; Engineering Manager Bill Helms; Recorder Phyllis Acker. Absent None. APPROVAL OF P~1INUTES Commissioner Pack referred to page 11 - to clarify the conditions of approval of PD 77-5. 2. The interior of the units must conform to minimum State standards and an acoustical report shall be furnished by an acoustical consultant and submitted to the Planning Director. The acoustical report shall speak to the California Administrative Code, Title 25. Commissioner Dickson referred to page 11, first paragraph, second line. He also asked if anyone in the audience wished to speak to Item 13. Commissioner Pack moved that the minutes of the March 15, 1977, meeting be approved as corrected, seconded by Commissioner Hebard and unanimously adopted. COMMUNICATIONS Mr. Kee reported that in addition to correspondence relating to specific items on the agenda, a letter had been received from Boething Treeland Farrns, Inc. with regard to landscape requirements and the current water shortage. Letter noted and filed. ARCHITECTURAL APPROVALS Chairman Dickson asked Commissioner Pack for the report of the Architectural Review Committee. Commissior-er~ Pack reported that Commissioner Campos would make the report as he is now the chairman of the Architectural Review Committee. "S" 76-23 Continued application of Mr. F. James Miller, on behalf Miller, F. J. of the U-Save Rockery, for approval of plans to change U-Save Rockery the location of landscaping fora rockery-nursery to be located orr property known as 500 Railway Avenue in a M-2-S (Heavy Industrial) Zoning District. Commissioner Campos reported that the Ar°chitectural Review Committee recommends a continuance of two weeks on the application of Mr°. F. James Miller, on behalf of U-Save Rockery, The staff received a letter from the Santa Clara Valley Water District stating that the proposed landscaping is not acceptable to there. The applicant suggested a slat fence, which is a concern of the cormrittee. The applicant then suggested an overlay fence and the committee recommends continuance so the conunittee can review what an overlay fence looks like. Commissioner Pack moved that "S" 76-23 be continued to the April 19, 19.77, meeting, seconded by Commissioner Samuelson and unanimously adopted. "S" 77-8 Continued application of Mr. Roland W. Wacker for approval Wacker, Roland W. of plans to construct an industrial building on property known as 581 Division Street in a CM:B-80 (Controlled Manufacturing - 80,000 square feet minimum lot size) Zoning District. Commissioner Carrrpos reported that the Architectural Review Committee recommends approval of the application of Roland W. Wacker subject to the conditions r~ecornmended by staff and with a change to Condition No. 7 to read: "Applicant to enter into recorded agreement that the applicant will provide for a cul-de-sac for Division Street ar~d that the property owner will accept abandonment and landscape as approved by the City." Also, Condition K, requirement of the Public Works Department, has been changed to a 12 foot driveway approach. Cornrnissioner Campos moved that "S" 77-8 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 $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. 5. Applicant to sign agreement satisfactory to the City Attorney that the property will be used as indicated on the approved flour plan. 6. All mechanical equipment located on roofs shall be screened as approved by the Planning Director. 7. Applicant to enter into recorded ayreernent that the applicant will provide for a cul-de--sac for Division Street and that the property owner, will accept abandonment and landscape as approved by the City. 8. Westerly entrance to project to be a 12 foot driveway. -~- Tf~e 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 burnper• 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 all State requirements for the handicapped. PUBLIC WORKS DEPARTMENT H. Complete the previously submitted parcel Wrap proceedings (PM 76-21). I. Pay remaining storm drainage fees due. J. Submit grading and drainage plans for approval of the Director of Public Works. K- '!b¢ain excavation permit for the new, 12 foot, driveway approach. ~. r;pply for a segregation of assessments. FIRE DEPARTMENT M. Provide "7_A-IOBC" fire extinguishers. 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 ~'rr_i: and unanimously adopted. -:~- "S" 77-10 Application of Mr. James T. Harper, on behalf of the Harper, J. T. Bascom Avenue Associates, for approval of plans to construct two commercial buildings in the rear of property known as 1707-1725 S. Bascom Avenue in a C-2-S (General Commercial} Zoning District. Commissioner Carrrpos reported that the Architectural Review Committee recommends approval of the application of James T. Harper subject to the conditions recommended by staff and with a change to Condition No. 3 which pertains to landscaping. Mr. Kee advised that it is the recommendation that the application be approved and that detailed plans showing elevations and additional landscaping come back to the Architectural Review Committee for' review. Mr. Kee presented the plans for review by the Commission and he advised that the Architectural Advisor is of the opinion that the project is a very good one. The site layout shows an entrance and some parking to the front and the major new building would be to the rear of the existing Jack-in-the-Box. The Site Approval Committee asked to see more deta it of the building tower. The approval tonight would allow the project to go forward and the plans would come back to the committee showing more detail, Commissioner Pack reported that Mr. Boyce, owner of the property, is most anxious to go ahead with the project and is willing to go along with any stipulation that tiie Cornrnission makes. Commissioner Can~ipos moved that "S" 77-10 be approved subject to the following conditions recornrnended by staff and with the change to condition #3 that detailed plans showing building elevations and landscaping and parking to be reviewed by the Architectural Review Committee: 1. Fencing and drainage plan to be approved by the Santa Clara Valley Water District. 2. Applicant to secure an exception to tare 5'-0" required landscaping, as provided in Sections 2-1.51.040 and 21.51.130 of the Zoning Code. 3, Detailed plans showing elevations, parking, and landscaping to be reviewed bay the Architectural Review Committee. 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 tune of application for building permit. 5. Landscaping shall be maintainer! 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. _q_ The applicant is rotified 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 4JORKS DEPARTMENT H. File a parcel- map to combine three lots. I. Pay storm drainage area fee of $765 per acre. J. Submit a title report to the Public Works Department. K. Obtain an excavation permit for driveway relocation. FIRE DEPARTMENT L. Provide automatic fire extinguishing systems in both buildings. M. Provide "2A-IOBC" fire extinguishers. The apps c.~'•~t is notified that he shall comply with all applicable Codes or Ordinance; of the City of Campbell which pertain to~this development and are not herein specified. Motion seconded by Commissioner Pack and unanimously adopted. "S" 77-12 Application of Mr. Lee F. Ross for approval of plans Ross, Lee F. to construct a twelve-unit apartment complex on property known as 806 South San Tomas Aquino Road in a R-2-S Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends approval with the added condition that the one unit complex be brought back for review by the committee. The coirrmittee wants to make sure that the one unit complex buildings are compatible in appearance and design with the three unit complex. Mr. Kee presented a rendering of the development and pointed out the building that is recommended for approval and tine two buildings that will be brought back to the committee for review. Commissioner Pack moved that "S" 77-12 be approved subject to the following conditions as recommended by staff with the added condition that the one unit complex buildings be brought back to the Architectural Review Committee for review for compatibility of appearance and design with the three-unit complex building: 1. Property to be fenced and landscaped as indicated and as added in "red" on pi ans. 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 Dir°ector at time of application for building permit. 3. i_andscaping shall be maintained in accordance with the approved landscape plan. 4. Faithful performance bond in the amount of X5,000 to be posted to insure landscaping, fencing and striping of parking area within three (3) months of completion of construction, or applicant may t=ile 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. Applicant to sign agreement, satisfactory to the City Attorney, that additional parking spaces will be provided if the Planning Commission, at a later date, determines that a parking problem exists. 7. Southwest building to be relocated to the west so as to provide adequate back-up room in the carport area. 8. One-unit complex building to be reviewed by the Architectural Review Committee for compatibility of appearance anti design with the three-unit complex building. 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. -6- 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 Plunicipal Code stipulates that any contract for the collection and disposal of re~Fuse, 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 conrrnercial, business, industrial, man~~facturing, 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- w?se 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 tiie handicapped. PUBLIC k!URKS DEPARTMENT H. File a parcel map to combine the two parcels. I. Dedicate additional land to widen both frontages to 30 feet from centerline with a 20 foot radius curve at the intersection. J. Execute an agreement and post bonds for the installation of street improve- ments within one year. K. Pay storm drain fee of $489.00. FIRE DEPARTMENT !. Provide one on-site fire hydrant. i`^ Provide "2A-IOBC" fire extinguishers. The applicant is notified that he shall comply with all applicable Codes or ~rrinances of the City of Campbell which pertain to this development and are clot herein specified. Potion seconded by Cornmissioner Campos and unanimously adopted. -7- S.A. 77-10 Application of Mr. Hernandez for approval of two signs Ft. Worth, Texas 3'-9" by 15'-0" advertising Ft. Worth, Texas located on property known as 1545 West Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Commissioner Campos reported that the Architectural Review Committee reviewed this application with the representative of the applicant and requested that the Sign Review Committee member comment. Mr. Vierhus reported that the Sign Review Committee was of the opinion that the sign was riot compatible with the surrounding area and the committee recommends denial. Commissioner Campos advised that the Architectural Review Committee recommends denial. Mr, Kee reported that these signs were formerly occupied by "Fonzie's" and it was the feeling of the committee that the full Commission should consider this application as they had previously approved the signs. Commissioner Hebard asked why the committee feels it is not compatible. Commissioner Pack stated that she for one did not care for the sign and felt that this is a good time to try to get rid of that particular sign. The sign has been changed often over the last few years and she was of the opinion that it is a gaudy sign. Chairman Dickson asked if the signs were in existence and Mr. Kee replied that they were. Staff advised them they could not change the sign without filing an application and securing approval. Chairman Dickson asked if they were not advised of that by the sign contractor and Mr, Kee stated that is not always the case. Commissioner Hebard stated that the Commission gave approval to the previous sign and he found it hard to differentiate between this sign and the previous on~~. Chairman Dickson stated that he would disagree with that statement. The other two signs on that building are of a similar design and this sign is not compatibi~:? with the signs in the surrounding area. It is up there without an approval and he suggested that a letter be sent to the sign contractor and the California Electrical Sign Association advising them of the code requirements. Commissioner Vierhus moved that S.A. 77-10 be denied based on the findings of the Sign Review Committee that the sign is not compatible with the surrounding area in design, the sign is not attractive, and it is gaudy. Motion seconded by Commissioner Pack and unanimously adopted. Chairman Dickson directed staff to write a letter to the sign contractor and to the California Electrical Sign Association advising that they must get permit.<_; in the future before proceeding with the work. -8- PUBLIC HEARINGS UP 77-4 Public hearing to consider the application of Mr. Allen Arthur, Allen R. Arthur and the Arthur Development Company for a use permit Arthur Development to allow construction of a restaurant with drive-through Company facilities on property known as 200 East Hamilton Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Chairman Dickson asked for the Architectural Review Committee report. Commissioner Campos advised that the committee discussed the application with the applicant. The question before the Commission is whether or not the Koll Business Center qualifies as a shopping center. The application is being referred to the Commission for discussion. He cited Section 21.36.020 which sets forth the criteria for an outdoor business type activity. Mr. Kee advised that the applicant is requesting a use permit for a drive-through restaurant ors the southeast corner of Third Street and East Hamilton. Prior to the Koll Business Center being constructed there was an approval of a service station orr this site. The service station use permit was also extended by the Commission after the center was constructed. In addition, easements have been recorded for a service station site. It was on the basis of the previous extension of the service station use permit, after the office complex was constructed, the existing C-1 zoning on Koll Business Center, and the existing easements, that the staff advised the Westwood Company that a use permit application would be accepted. A letter from Mr. Morici of the Westwood Company is attached to the staff report. In Mr. Morici's opinion this property meets all the criteria for the proposed use. (Letter on file in the Planning Department). Chairman Dickson declared the public hearing open and asked if anyone wished to be heard for or against the application. Mr. Anthony Morici, representing the Westwood Company and owner of the property, reviewed the history of the property and the present development of the Koll Business Center. He stated that this property, in his opinion, meets all the criteria of the City for establishing the use of a drive-throuyh restaurant. Easements do exist for access to the property. The Koll Company has been contacted and they are in agreement with the use but request some modifications in the architectural design of the building. The property is zoned comrner•cial and has been approved previously fora use of the type being requested. Mr. Roger Knight, repr~senting the buyers of the property, stated that he would be glad to answer any questions. They are in agreement with the Koll Company's request that the arch~t~~tural design be compatible with the existing Koll bui~dir,_~j Mr. George Riley, architect for Del Taco, stated that he would be happy to answer any questions regarding the architectural design of the building or the use. Mr. Steinberg, 389 Esther Avenue, spoke in opposition to ttre proposed use. He stated that the surrounding neighbors are also opposed. Chairman Dickson asked ~f anyone else wished to be heard. There being no one, Conrrn~sioner Vierhus moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. Commissioner Vierhus stated that, according to the ordinance, an outdoor business must be located in a designated shopping center of five acres. Is this a shopping center? Mr. Kee stated that the staff is on record to Mr. Morici that the property is zoned commercial and is shown for commercial on the General Plan and that he had the right to apply fora use permit. The Commission may not agree with the interpre- tation that the staff took. It is a matter of interpretation of the policy of the Commission. Commissioner Vierhus asked Mr. Kee if, in his opinion, this is a shopping center. Mr. Kee advised that the staff took the position that it was when the applicant was advised that he could apply for a use permit. He could apply for the use permit on the basis that the Planning Commission had taken action previously to extend a use permit for a service station while the office complex existed. That was one factor. Secondly, it is shown on the General Plan far commercial and it is zoned commercial. It was on this basis that the item was brought before the Commission. The Commission must consider whether or not the subject use would be compatible with the office center. The staff's recommendation is for denial unless the Commission determines that the Koll Business Center qualifies as a shopping center. If the Commission feels this is not a shopping center, then the Commission should deny the application. Chairman Dickson asked wf~y the criteria was put in the ordinance that an outdoor business must be located in a shopping center. Mr. Kee stated it was to limit drive-in uses. They are limited to shopping centers or intersections of major streets each having four moving lanes of traffic. On the basis of past action by the Commission, the staff took the position that the applicant could apply for the use permit. The Commission would need to find that the use is compatible with the surrounding area. The application could be denied on that basis even if it is not in a shopping center. The code states that it must be compatible with the surrounding uses and not be detrimental to the surrounding area. Commissioner Hebard stated that there are two considerations for the Commission: (1) Is it a shopping center? (2) If it is, then the Commission will consider the use permit. He stated that there must be a definition of a shopping center to make it different than five acres of commercial uses strung out down the street. Does that make a shopping center? He did not think so. After further discussion as to the definition of a shopping center, Commissioner Hebard moved that UP 77-4 be continued to the next regularly scheduled meeting to give staff the opportunity to furnish the Commission with a definition of a shopping center. Motion seconded by Commissioner Vierhus. Mr. Kee stated that the staff would research the records to find out when the outdoor business activity ordinance was adopted and wfrat the original intent was. Staff will come back with definitions and will also include the allowed uses irr the C-1 Zoning District. Chairman Dickson asked for discussion on the motion. There being none, the motioir was adopted unanimously. "S" 77-11 Application of Mr. Allen R. Arthur and the Arthur Development... Arthur, Allen R. Company for• approval of plans to allow construction of a Arthur Developrent restaurant with drive-through facilities on property known Company as 200 East Hamilton Avenue in a C-1-S Zoning District. Commissioner Campos reported that the Architectural Review Committee recommends continuance for revised plans if UP 77-4 is approved. Commissioner Pack moved that "S" 77-11 be continued to the next regularly scheduled meeting, seconded by Commissioner Samuelson and unanimously adopted. UP 77-5 Public hearing to consider the application of Mr. T. E. Burke, T. Burke, on behalf of the Campbell Community Hospital, Campbell Cormunity for approval of plans to allow construction of a medical- yospital dental building on property known as 18 E. Hamilton Avenue in a P-F, P-~, and R-1 Zoning District. Commissioner Campos advised that the Architectural Review Committee recommends approval. Commissioner Hebard asked what happens to Lot 17 on the corner of Hamilton and Winchester. If the application for use permit is approved, would it make this lot. inaccessible? Mr. Kee stated that Lot 17 is under different ownership. Commissioner Hebard asked if the City had any responsibility in a situation like this. City Attorney Dempster stated that the City might have to consider some type of variance to allow the development of the property. Mr. Helms advised that because of the very small size of the parcel, it would be quite difficult to develop access to the property. He was not sure that this would entirely preclude it from being buildable. There is the possibility of putting in access from the adjoining property. There was considerable discussion about access to the corner property and Commissioner Pack stated that possibly the medical-dental development could give an easement for the corner property to use their driveway. City Attorney Dempster stated that the owner could be asked if he would be agreeable to granting an easement, and if so, it could be made a condition of the use permit. Chairman Dickson declared the public hearing open and asked if anyone wisheG tr, be heard for or against the application. Mr. Dave Duncan, 336 Esther Avenue, spoke_ in opposition to the use permit. He stated that the neighbor°s do not appreciate a parking lot on their street. There is a two-story parking structure proposed sometime in the future. He cited the added traffic and he stated no matter how traffic goes into the medical facility, they have to exit fro-n the property onto Esther Avenue. Mr. Earl Reeves, 324 Esther Avenue, also spoke in opposition. He stated there are young families as well as older families living on the street. He added there are young children in the area who like to play in the front and he also cited the added traffic. He requested that the street be deadended even with the hospital entrance so the street cannot be used as a thoroughfare. A representative for the developer stated this facility is being built by Dr. Barr who is associated with the hospital and having this center adjacent to the hospital will facilitate the treatment of the patients in the hospital. The four houses on Esther° have been purchased to provide parking. This does not mean that all the parking spaces are going to be filled all the time. The facility will enhance the doctors' ability to give better patient care. There would be no objection from Dr. Barr to give access to the corner lot. M~. Steinberg, 389 Esther Avenue, stated that if the Conmission agrees on the parking lot, he would like to see the trees saved. Commissioner Pack stated that was one of the concerns of the Architectural Review Committee and that is why they have recommended a continuance on the plans. There being no one else wishing to be heard, Commissioner Hebard moved that the hearing be closed, seconded by Commissioner Pack and unanimously adopted. Commissioner Hebard stated that he could sympathize with the residents on Esther. During the General Plan hearings the Esther Avenue residents came to the meetings and objected to any density higher than single family. The Planning Commission realized that Esther Avenue is a nice stable neighborhood and an attractive one and kept it as R-l. However, the Zoning Ordinance does state that the R-1 Zoning District can be used for parking. Mr. Kee stated there should be definite concerns about protecting the adjacent residents and a masonry wall six feet ire height would be required to separate the parking area from the residential area. In the staff's opinion there was not enough information shown on the plans and staff would recommend more detail on the plans. Staff would recommend approval of the use permit subject to site and architectural approval. Chairman Dickson stated that he would anticipate some exceptional landscaping along the parking strip on Esther Avenue. Commissioner Hebard requested that if the use permit is approved, that the people on Esther Avenue be notified when the plans come before the Corrrmission. RESOLUTION N0. 1588 Commissioner Pack moved that Resolution No. 1588 be adopted approving UP 17-5, application of Campbell Community Hosp ital fora medical-dental facility on property known as 18 East Ilarnilton Avenue subject to (1} site and architectural approval, and (2) ingress/egress easements be given to the small parcel located at the southeast corner ~f Hamilton Avenue and Winchester Boulevard, Easements to be, recorded.' (3} ,The use permit shall expire one year fror~~the dzte of approval of the use permit iF construction has not. started. Motion seconded by Commissioner Vierhus and adopted by the following roll call vote: AYES• Cormmissioners: Hebard, Ca~r~pos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commissioners: None ABSENT: Commissioners: None. "S" 77-13 Public hearing to consider the application of Mr. T. E. Burke, T. Burke, on behalf of the Campbell Community Hospital, for Campbell Corrrnunity approval of plans to allow construction of a medical-dental Hospital building on property known 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 advised that the Architectural Review Committee discussed the application of Mr. T. E. Burke and was of the opinion that the building was acceptable, but there was concern expressed about the preservation of some of the redwood trees in the area. Also, the applicant was requesting a continuance in order to submit revised plans on the parking. The committee recommends continuance for two weeks. Commissioner Vierhus moved that "S" 77-13 be continued to the April 19, 1977, meeting, seconded by Commissioner Pack. Chairman Dickson stated that the Commission has heard the concerns of the residents and he requested that any resident wishing to be notified when the plans are reviewed to leave their names with the recording secretary. Motion adopted unanimously. Chairman Dickson declared a recess at 9:00 p.m. Meeting reconvened at 9:15 p.m. UP 77-6 The is the time and place for public hearing to consider Madden, Mark S. the application of Mark S. Madden, D.V.M., for a use D.V.M. permit and 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. Chairman Dickson asked Commissioner Campos for the Architectural Review Committee recommendation. Commissioner Campos stated that the committee reviewed this application and way of the opinion that the conversion was an improvement. The committee recommends approval subject to the attached conditions. '~r. Kee stated that the staff recommends continuance of the "S" approval in order ;.:,at revised plans may be submitted. He presented an aerial map showing the o~~ation of the property and the buildings on the property. The application i~ f~;. the conversion of a residence to a veterinary hospital for one doctor. Tire property is zoned C-2-S and is bounded by a nursery school to the south, swim school to the west, and a paint store to the north. The C-2-S Zoning District provides for a veterinary clinic and the conditional use permit provides for a conversion of a residential structure, including but not limited to architecture. dentistry, engineering, law and medicine. It is the staff's opinion that the rp~lication could represent a desirable conversion to a professional office. _;~'~aff recommends approval of the use permit and :ontinuance of the architectural approval so rev~~~ed plans can be submitted. -13- Chairman Dickson declared the public hearing open and asked if anyone wished to speak for or against the application. Mrs. Gretchen Mack, 973 Apricot Avenue, presented a petition signed by several people living on Apricot opposing the proposed veterinary hospital. She stated t'~at the people do not want such a use. The location is too close to their homes and businesses. She asked what the rules are for veterinary hospitals with regard to close proximity to residences and if there was a land requirement for such a use. She cited barking dogs, odors, traffic as reasons for opposing the requested use. She did not believe that this use was compatible with the surrounding uses. Cornnissioner Lubeckis stated that he has been dealing with veterinary hospitals for many years and they are very quiet. It is the boarding places that are noisy as they take care of healthy dogs. He would definitely object to a boarding facility, but would support a veterinary hospital. Commissioner Hebard stated that what is being proposed is an animal hospital and the animals will be kept inside. He asked Mr. Kee if there were veterinary hospitals in the City of Campbell where there are no animals kept outside. Mr. Kee mentioned several along Winchester Boulevard and Hamilton Avenue. Commissioner Campos stated that the applicant indicated that the outside may be used during the recovery period under the dir°ect supervision of the doctor or the people in attendance. This would be for a brief period in order to exercise the animal. Mr. Kee stated that there is nothing on the plans to indicate outdoor runs. The plans do show an enclosed area to the front of the property immediately adjacent to Bascom Avenue. It is enlcosed by a six foot high wall. Mrs. Mack stated there is not enough parking for the people who come there to leave their animals. Chairman Dickson advised that the application will provide for the proper amount of parking for the facility. Mrs. Mack stated the area is primarily residential with a nursery school and swim school adjacent and the noise of barking doys and odors would be intolerable. Commissioner Hebard stated that Mrs. Mack has been speaking of this being a residential neighborhood. This piece of property is surrounded by commercial uses, commercial to the north, south, and to the west. There was discussion as to the number of dogs allowed in the R-1 Zone and the number of dogs allowed in the veterinary hospital. This would be controlled by the use permit. Commissioner Pack asked if the ordinance required any distance or separation between a veterinary hospital and a residential area. Mr. Kee stated that it did not. -14- M+- Howard Barnett, 961 Apricot, stated that he did not know what is proposed for the back of the lot and he asked that the Cormrission have the true picture before they make a judgment. He was of the opinion that the use was not ^~npatible with the area and it would be wrong to allow it. 'fir, Kee presented the plans again for review and stated that the rear portion of the property does not indicate a use and it was indicated to the applicant that he will have to show the use intended for the rear area. The Architectural Advisor does have some concerns and it is recommended that the site approval be continued, depending upon whether or not the Commission makes a determination on the use permit. Chairman Dickson asked if anyone else wished to speak for or against the application. Dr. Madden, 4629 Mia Circle, San Jose, applicant, stated that there will be a 12 foot driveway on either side of the house from Bascom Avenue to the parking in the back, which has seven parking spaces. In reply to Mrs. Mack's concerns, he stated that a modern veterinary hospital is strictly a medical and surgical facility. The animals will be kept over night if need be, but as little as possible as he felt that an animal makes a better recovery at home. The rear portion of the lot has fruit trees and they intend to keep them. They intend tc ',eave this area for future parking, if needed. With regard to the noise factor, he stated that there is more noise coming from the swim school than from any of the veterinary hospitals in the Santa Clara Valley that he knows of. Some are in shopping centers that back up to residential areas. It was :iiscussed at the meeAing that morning that there would be a small area in the front enclosed with a six foot block wall which would be used for exercising the animals. Odor will not be a problem. Odor is something that goes along with lack of sanitation, which is totally against the whole concept of veterinary medicine. Mr. Wm. Pierce, 934 Apricot, stated he would concur with Mrs. Mack. There are other places in the City that would be more practical for such a use. Chairman Dickson asked Dr. Madden if there would be any problem with the dogs being bothered by the nursery school. Dr. Madden stated that he did not see any problem with the noise from the swim school or nursery school. There would be a six inch concrete block wall which has excellent sound proofing qualities. Commissioner Pack asked Dr. Madden to speak on the intensity of the use. How many doctors will practice there and how many animals will be kept? Dr. Madden stated that he will he the sole practitioner and very probably at the maximum he could see between 20 and 25 animals per day, including those being treated on an out-patient basis. Hospital treatment would possibly be nine to ten animals. Commissioner Pack asked if the ordinance had a limitation as to the number of animals that can be kept overnight. Mr. Kee stated that in a commercial zone there was no limitation. Commissioner Pack asked if they could put a time limitation on the use permit. -15- City Attorney Dempster advised that the use permit application is for the conversion of a residence to a veterinary hospital. The Commission would not be giving a use permit for permission to use the land for a hospital. It would be difficult to grant a use permit to convert a residence and then tell the applicant that he could convert it for a limited time. It would be a permanent conversion. Commissioner Hebar•d stated that it was decided when the zoning was placed on the property that a veterinary hospital would be allowed. They are talking about the conversion of a residence. For clarification to the people in the audience, City Attorney Dempster explained that the land is zoned to allow the requested use and the Planning Commission is being requested to give consideration to the conversion of a residential building to a veterinary hospital. There is no way the Planning Commission could stop the applicant from building a new veterinary hospital on the property, but they can say that he cannot use the existing building. Mrs. Mack asked if the Planning Commission listens to complaints after something is put in. Mr. Dempster advised that if something begins to become a nuisance, regardless of what it is, the residents have a right to complain to the proper authorities in the City. The Planning Commission does not handle nuisance complaints unless it would go to a public hearing. Mr. KentKirkoriarr, 1820 West Campbell Avenue, stated that he was in attendance for another matter, however, ire would like to state that he knows of at least three existing hospitals, one in Saratoga adjacent to homes valued at 90 to 100 thousand, one in Kirkwood Shopping Center, which is completly enclosed with no outside facilities, and it is very successful. He stated that their offices are adjacent to this hospital arrd they have yet to hear a dog bark. Commissioner Lubeckis moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION NO. 1589 Commissioner Campos moved that the Planning Commission adopt Resolution PJo. 1589 approving UP 77-6, application of Mark S. Madden, D.V.M., subject to the condition that the applicant secure site and architectural approval and that the use permit shall expire one year from the date of approval of the use permit if construction has not started. Motion seconded by Commissioner Pack. Chairman Dickson asked if there was any discussion on the motion. Commissioner Hebard stated that he was not comfortable that this animal hospital does comply with the ordinance for conversions. Conversion to an office use is prirriar,ily a pretty passive use and to convert a residence into a veterinary hospital seems to be a much greater conversion than to simple office use. In order to do su, there are going to have to be some very strict conditions placed on the site approval. -16- Mr. Kee stated that there have been other conversions - one residence converted to a restaurant, which is a commercial use. Commissioner Pack stated that the Architectural Review Committee was not in complete agreement with the elevation plans as submitted and that is why they recommended continuance. Vote on the motion: AYES: Commissioners: Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commissioners: Hebard. ABSENT: Commissioners: None. "S" 77-14 Application of Mark S. Madden, D.V.M., for approval of Madden, Mark S. plans to convert a residence into a veterinary hospital D.V.M. on property known as 2175 South Bascom Avenue in a C-2-S Zoning District. Commissioner Campos reported that the Architectural Review Committee recornme~~ds a continuance to the next regularly scheduled meeting so revised plans may be submitted by the applicant. Commissioner Hebard stated that when the plans are reviewed, the Commission will consider whether or not. the plans can meet the objections th,xt have been raised. The question the Commission will be asking is, "can this building be modified so it meets those objections?" He suggested that the members of the audience who have expressed their objections be in attendance when the plans are presented. Chairman Dickson recommended that some kind of condition be imposed regarding the sound attenuation. Commissioner Hebard moved that "S" 77-14 be continued to the next regularly scheduled meeting, seconded by Commissioner Pack 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. Chairman Dickson asked for the report of the Architectural Review Committee. Commissioner Campos reported that the committee recommends continuance of this application so revised plans can be presented. Commissioner Hebard moved that PD 77-2 be continued to the next regularly schea.,,_, meeting, seconded by Commissioner Samuelson and unanimously adopted. Zf 17-3 This is the time and place for continued public hearir;g i~irkorian, Ira to consider the application of Mr. Ira Kirkorian for a change of zoning from R-3-S (High Density Residential) to P-D ({'tanned Development/High Density Residential ) ,jn~l to consider the application for approval of plans, elev,lt and development schedule to allow construction of ?_4 sin~~~ fami~,y homes on property known as 1545 Bucknall Road. Chairman Dickson asked for the Architectural Review Conunittee report. Commissioner Campos reported that the connnittee recommends approval of the plans. Mr. Kee advised that the staff recommends approval. He advised that this is a 2.3+ acre parcel and the applicant proposes to construct 24 single family "patio style" homes. The density allowed in the R-3 zone would be 27 units per gross acre. The zone change to P-D would allow the development to have interior lots fronting to a private drive and is similar to recent approvals for zone changes to P-D for townhouse developments. Chairman Dickson asked if anyone in the audience wished to be heard. Mr. Kent Kirkorian, representing the applicant, was present .and said he would be glad to answer any questions. Commissioner Hebard moved that the public hearing be closed, seconded by Commissioner Samuelson and unanimously adopted. RESOLUTION N0. 1590 Commissioner Hebard moved that the Planning Commission adopt Resolution No. 1590 recommending that the City Council adopt an ordinance approving ZC 77-3, application of Mr. Ira Kirkorian, to change the zoning from R-3-S to P-D on property known as 1545 Bucknall Road, seconded by Corrrnissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commissioners: None. ABSENT: Commissioners: PJone. PD 77-4 This is the time and place for continued public hearing Kirkorian, Ira to consider the application of Mr. Ira Kirkorian for approval of plans, elevations, and development schedule to allow construction of 24 single family homes on property known as 1545 Bucknall Road. Chairman Dickson asked for' the report of the Architectural Review Committee. Commissioner Campos reported that the committee recommends approval with conditions. Commissioner Pack reported that the turn around at the end of the street must meet Fire Department standards. The plans are marked in "red" fora masonry wall on the northerly portion of the property. The masonry wall will be continuous if the turn around is extended aild used. If the driveway is to be used for driveway access, then the masonry wall will have a break in it. The applicant is in agreement. The applicant will also have to have approval of the overhang on the rear portion of the buildings on the northern most portion of the property: The applicant indicated he will do everything to meet the conditions. Mr. Kee advised the staff recommends approval subject to the conditions. Pe advised that in a PD zone the plans are part of the ordinal-ice and stated that the Commission should recommend approval of the PD plans to the Council if the zone change i~ approved. -18- Chairman Dickson asked if anyone in the audience wished to be heard. Commissioner Hebard moved that the public hearing be closed, seconded by Conrnissioner Pack and unanimously adopted. RESOLUTION NO. 1591 Commissioner Hebard moved that the Commission adopt Resolution No. 1591 recommending that the Council adopt an urdinance approving PD 77-4, application of Ira Kirkorian, for approval of plans, elevations, and development schedule to allow construction of 24 single family homes on property known as 1545 Bucknall Road, subject to the reconunended conditions. 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: Corr>n~issioners: None. PD 77-6 This is the time and place for continued public hearing Millen, Richard to consider the application of Mr. Richard B. Millen for approval of plans, elevations, and development schedule to allow construction of 27 townhouses on property known as 450 Union Avenue in a P-D (Planned Development/High Density Residential) Zoning District. Chairman Dickson asked for -the Architectural Review Conu»ittee recommendation. Commissioner Campos reported that the Architectural Review Committee recommends approval subject to the conditions recorrrmended by staff. Mr. Kee advised that the plans have been revised from 27 townhouses to 24 townhouses. The staff, as well as the Architectural Advisor, recommends approval of the plans as submitted. He presented the revised plans for review by the Commission. Chairman Dickson announced this is a continued public hearing and asked if anyone in the audience wished to speak For or against the application. Mr. Buechel, 9$9 Dry Creek Road, spoke in opposition to the development. He stated that the zoning has already taken place and that it makes him nervous to think of having high density housing intruding on the residential street, Dry Creek Road. He cited the traffic, parking, and the narrow street as reasons for objecting to the development. Mr. H. C. Fitzgerald, 921 Dry Creek Road, stated that his property is adjacent to this property and he has lived there for 24 years. He stated that it was not fair to the surrounding area to allow such a development to come in. Mrs. Judy Bristow, 940 Dry Creek Road, stated that she did not know about the pane change on the property. The Dry Creek area is well established and also ~> ~;ortion of Union Avenue and having more townhouses and apartments will put more traffic on their street. There is already too much traffic since all the a.-~ar-~ments have been constructed on Union Avenue and Campbell has allowed them. - ~ 9- Commissioner Pack responded by advising that this is a townhouse development not an apartment complex. There are 24 units going in and in her opinion that was not high density for the parcel. This is an odcl shaped lot and very difficult to develop and the owner has the option to uevelop it. The townhouse use is a better use than apartments. Mr. Kee stated that the original plan indicated 27 townhouses and the Architectural Review Committee did not accept them. Tree plans have been revised to have 24 townhouses on the property. Chairman Dickson asked if anyone else wished to be heard. He declared a recess at 10:45 p.m. so the residents of the Dry Creek area could review the plans. Meeting reconvened at 10:55 p.m. Chairman Dickson stated that several questions were asked of him during the recess and he asked Mr. Kee what the requirements for posting are for a public hearing. Mr. Kee advised that the notice of public hearing is published in the Campbell Press ten days prior to the hearing date and that the subject property is posted at least ten days prior to the hearing. if the notices are removed from the telephone poles and the staff is notified, the area is again posted. Commissioner Hebard asked Mr. Helms to respond to the concerns expressed regarding the traffic on Union Avenue. Mr. Helms advised that Dry Creek Road is totally outside the jurisdiction of the City of Campbell. Union Avenue, at a point approximately half way between Dry Creek Road and McGlincey Lane, is in the City of Campbell and it is intended to improve the street to a standard 60 foot wide street by means of an L.I.D. when they have 60 percent of the area to support the project. At present, they have between 40 and 45 percent signed up. He stated that from the rate applications have been before the Conunission, that possibly within the next two years the project would be underway. Chairman Dickson .asked if anyone else wished to speak. Mr. Roger Griffin, representing the office of Dick Finnegan, designer of the project, and the applicant, reviewed the plans and type of architecture. He stated that these will be like single family homes - the purchaser will own the property. The zoning would allow 27 units per gross acre and they have planned it for 18 units. The windows to the rear of the buildings will be at a greater distance than in single family homes due to the design of tine second story, there- fore, there will be less intrusion on the adjacent homes. Landscaping will be maintained by a homeowners' association. These are two bedroom homes and the possibility of children living there would not be likely. Mr. Don Ross, 941 Dry Creek Road, stated that his property adjoins this property. He stated that in his opinion these are nicer townhouses than most he has seen, but he objected to the intrusion on the private space between properties. Tl~e side yards are too close to the neighboring properties. -20- Chairman Dickson asked if anyone else wished to be heard. Mr. Kee stated that in response to the question regarding the zoning, the front portion of the lot was annexed to the City in 1969 and it was zoned at that time - to R-3-S. Then later, Borne more area was added to nrake it the shape lot it is today. That took place in 1973. The property has been in the City since 1973. Commissioner Hebard asked about the two-story aspect and if it were single family, what are the restrictions on two story dwellings. Mr. Kee advised that the height limitation in the R-1 zone is 2-z stories. There could be a two-story house in the R-1 zone with a five foot side yard setback. Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Viertrus and unanimously adopted. RESOLUTION ~!0. 1592 Commissioner Pack moved that the Commission adopt Resolution No. 1592 recommending that the City Council adopt an ordinance approving PD 77-6, application of Richard B. Millen, for approval of plans, elevations, and development schedule to allow construction of 24 townhouses on property known as 450 Union Avenue subject to the conditions r~ecomrnended, seconded by Commissioner Vierhus and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commissioners: None. ABSENT: Commissioners: None. PD 77-7 This is the time and place for public hearing to consider Sargent, R. 0. the application of Robert 0. Sargent, and the Santa Clara Methodist Retirement Foundation, Inc., for approval of plans, elevations, and development schedule to allow construction of a 16B unit high-rise apartment building on property known as 1655 South Winchester Boulevard in a P-D (Planned Development) Zoning District. Chairman Dickson announced this is a public hearing and asked Mr. Kee for his coRUnents . Mr. Kee advised that he had had a telephone conversation with Mr. Sargent and he had concurred with the recommended continuance to the first meeting in May. Commissioner Campos reported that the Architectural Review Com-nittee recommends continuance to the first meeting in Play and that the application be referred to the Civic Improvement Commission for comments. Chairman Dickson announced that this ~is a public hearing and asked if anyone ire the audience wished to be heard. Commissioner Pack moved that PD 77-7 be continued to the first meeting in May anc that the application be referred to the Civic Improvement Commission, second~~e by Commissioner Samuelson and unanimously adopted. -21- PD 77-8 This is the time and place for public hearing to Imwalle, D. consider the application of Mr. Donald F. Imwalle for approval of plans, elevations, and development schedule to allow construction of a retail commercial building on property known as 471 East Campbell Avenue in a P-D (Planned Development/Commercial and Commercial and/or Industrial) Zoning District. Chairman Dickson asked Mr. Kee for his comments. Mr. Kee presented the plans for review and advised that the applicant is proposing to construct a 7,000 square foot commercial center. The applicant is providing. 37 parking spaces - 27 regular and 10 compact. The site plan indicates approximately 34 percent of the net lot area will be landscaped. The Architectural Advisor is of the opinion that the proposed building will be attractive. He had some concern, however, about the visibility along the front and recommends the removal of three parking spaces and that the building be setback from 18 feet to 23 feet to increase the visibility from Campbell Avenue. The staff recommends appr°oval subject to the conditions outlined in the staff report. Commissioner Campos advised that the Architectural Review Committee also recommends approval subject to the conditions outlined and with the added reconunendations made by the Planning Director. Chairman Dickson declared the public hearing open and asked if anyone wished to be heard. Mrs. J. Nye spoke regarding the traffic in the area and the problem of getting in and out of the area bounded by Campbell Avenue, Foote Avenue, the railroad tracks, and Page Street. She asked if there were plans to widen Foote Avenue. She also asked if there had been a traffic study made on Foote and Page Streets. Mr. Helms advised that one of the requirements of the Public Works Department is that the applicant dedicate the land to widen Foote Avenue to 25 feet from centerline. Regarding the access through the Nelson property, it was his under- standing that Foote terminates as a public street on the frontage of this application and the City has no jurisdiction over the area extending northerly and out to Page Street. The City has not done a traffic study in the area as they were not aware that a problem existed, particularly with regard to parkir~y cars on the street. Corm~issioner Pack asked Mr. Helms if he foresaw any problems with traffic. when the North Loop Street is completed past Page and Foote Streets. Traffic is going to be re-routed on Campbell to go east, rather than west. Mr. Helms presented a circulation map for the area and reviewed tl~e traffic circulation pattern with the Commission and audience. Commissioner Hebard stated that Page Street is the only street that people can -.;r~ to Campbell Avenue going east unless they go through the Nelson Brothers proper~t~,~ Mr. Helms advised that there is no left turn east bound from the proposed devE~i,,,- ment onto Campbell Avenue. Foote Street will be widened to a standard 2-way strc: Chairman Dickson asked if anyone else wished to be heard. -2?_- Mr. Donald F. Imwalle, applicant, stated that he would be happy to answer any questions and he would concur that the development will be an improvement in the area. Commissioner Hebard moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1593 Commissioner Hebard moved that the Commission adopt Resolution No. 1593 recommending that the Council adopt an ordinance approving PD 77-8, application of Mr. Donald F. Imwalle, to allow construction of a retail commercial building located at 471 East Campbell Avenue, subject to the recommended conditions, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commissioners: None. ABSENT: Commissioners: None. PD 77-9 This is the time and place for public hearing to consider Raffanti, R. the application of Mr,. Robert Raffanti for approval of plans, elevations, and development schedule to allow a residence to be moved from 235 Pine Avenue to 106 East Rincon Avenue in a P-0 (Planned Development/Medium Density Residential) Zoning District. Chairman Dickson asked for the report of the Architectural Review Committee. Commissioner Campos stated that the applicant was not present at the committee meeting, however, the committee recommends approval subject to the conditions recommended by staff. Chairman Dickson declared the public hearing open and asked if anyone wished to be heard. Commissioner Hebard asked Mr. Kee to locate Pine Street and Mr. Kee advised that it is a private alley. Mr. Raffanti; applicant; advised that it is between 1st and 2nd Streets and is a private alley. There being no one wishing to be heard, Commissioner Lubeckis moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1594 Commissioner Vierhus moved that the Commission adopt Resolution N o. 1594 recommending that the City Council adopt an ordinance approving PD 77-9, application of Mr. Robert Raffanti, subject to the recommended conditions, seconded by Commissioner Samuelson and adopted by the following roll call vote: - AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, Dick~_ NOES: Commissioners: None. ABSENT: ('nmm; ~ ~; nno~~ . n. ,, Plan Line Amendment This is the time and place for continued public hearing Civic Center Drive to consider an amendment to the adopted plan lines for Civic Center Drive. Chairman Dickson asked Mr. Kee for his comments. Mr. Kee advised that the Planning Commission continued the public hearing at its March 1, 1977, meeting in order that the matter could be referred to the Civic Improvement Commission, the Park and Recreation Commission, the Campbell Union Elementary School District Board of Trustees, and the Chamber of Commerce for their comments. The Civic Imiproverrrent and the Park and Recreation Commissions have responded and their comments are attached to the staff report. As of this date, the staff has not had a response from the School District or the Chamber of Corm~erce. Mr. Kee presented a copy of the amended plan line which proposes a shift in the street in the southerly direction so it would not affect the portion of the Campbell Elementary School. Flowever, this plan line would affect some existing trees. The cost is approximately 20 percent less with the shifted route to the south. The present plan line was adopted and recommended by George Nolte and Associates after some studies had been done for the entire loop street system. In staff's opinion, this proposal would work. Commissioner Pack stated that thre first plan line adopted takes away part of the building and she asked if that was not acceptable now because of some conclusions that the school district may not find it agreeable to there. Mr. Kee stated that the main reason is that it would give them more flexibility in terms of future development - not the School District but the potential developer. If the building remains, it might be rehabilitated and brought up to codes. It would be much more difficult to use if the street goes through as planned. Commissioner Pack asked if the School District would be able to bring litigation against the City. Mr. Dempster stated that they could file for severance damage. Public Works has indicated that it would not be that difficult to change the plan line and that portion of the plan line would be less costly. Mr. Helms stated that from an adequacy point of view for traffic circulation that either of the two alignments would be acceptable. He reviewed the original plan line, the amended plan line, and the proposed plan line and was of the opinion that there are two alignments that should be considered. Commissioner Hebard stated that the shift to the east would have to take part of the Bank of America. Mr. Helms stated tf~at they could not avoid taking some of the Bank of America by shifting the plan line to the east. He advised that the second amended plan line would require less property acquisition and there would be approximately a 20 percent saving in construction costs. Commissioner Hebard stated that it might cost the City in the condemnation proceedings and he asked if that cost is included in the 20 percent. Mr. Helms stated that he was talking about direct constructior- costs only. -24- Chairman Dickson asked if anyone wished to speak for or against the amendment to the adopted plan line. Mr. Ted Rogers, Manager of the Chamber of Commerce, stated that the matter was referred to the Chamber of Commerce Commercial Development Committee and they would have to agree, in view of the costs, that the second amended plan line would be the best plan. Commissioner Hebard moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1595 Commissioner Vierhus moved that the Commission adopt Resolution No. 1595 recommending to the City Council that they adopt an ordinance approving the second amended plan line for Civic Center Drive, seconded by Commissioner Lubeckis. Commissioner Hebard stated that the Civic Improvement Commission raised questions r~egardirrg the second amended plan line such as the fact that although the revised plan leaves the building, it would remove a portion of the kindergarten sunporch which is a significant portion of the grammar school. Mr. Helms stated that the revised plan line just touches the edge of that sunporci~ and a very small section of the wall might have to be removed but they would reconstruct it. Comrrrissioner Hebard asked if that was explained to the Civic Improvement Commission Mr. Helms stated that it was and the Commission felt that if there was any damage to any part of the structure that it would not have the same historical significanc._= Commissioner Pack stated that the Civic Improvement Commission also mentioned some environmental questions. Mr. Helms advised that there was an Environmental Impact Report prepared for the entire loop street project, which dealt with the first alignment. Commissioner Pack expressed the Commission's appreciation to the Civic Improvemer•:' and the Park and Recreation Commissions for responding with their coimients and also Mr. Rogers of the Chamber of Commerce for his comments. Commissioner Hebard requested that the reports be forwarded to the Council alone; with the Commission's recommendation and concerns of tie Civic Improvement Commission. 'IotF on the motion: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commmissioners: None. ABSENT: Commissioner.: None. -25- MISCELLANEOUS Request of Request of Mr. arrd Mrs. James Estes fora reduction in Mr. and Mrs. Estes the side yard setback requirement from 9'-0" to 5'-0" to allow a second-story addition to an existing house located on property known as 824 Gwen Drive in a R-1 Zoning District. Mr. Kee advised that the staff recommends approval. The Commission has the authority to reduce the setback r•equirernent on existing single family residences to a minimum of five feet. The applicant has submitted a letter from neighbors closest to his home stating they had no objection to the second story construction. Commissioner Vierhus moved that the request of Mr. and Mrs. James Estes be approved, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Cormmissioners: None. AaSENT: Corrrnissioners: None. G.P. 76-10 Referral from the City Council to consider new information Covach, Joe V. provided by the applicant for a proposed amendment to Lasley, Paul W. the Land Use Element of the General Plan from "Low Medium" to "Medium" density residential for properties known as 440 and 480 West Hacienda Avenue. Chairman Dickson asked for Mr. Kee's comments. Mr. Kee stated that the staff recoirm~ends that the Planning Commission reaffirm its previous recommendation for denial. He reviewed the past actions on the application fora change in the Land Use Element of the Gener°al Plan from "Low Medium" to "Medium" density residential for the subject properties. On February 28, 1977, when the item was bei-ore the City Council, the applicants asked for a continuance in order that they might provide additional information in the form of an Envi ronmerrtal Impact Report. The i tern was r°efer•red back to the Cortmi ssi on i n order that the Environmental Impact Report could be considered. The staff has reviewed the Environrrrental Impact Report and is in basic agreement with the applicant regardiny the impact of this project. The staff did file a Neyative Declaration with the County Clerk's office on January 4, 1977. However, the staff did express a concern to the Commission that if this application were approved, it may act as a stimulus for similar applications to raise the density on other properties in the area. A petition has been presented protesting the application for apartment buildings. Also, a petition directed to the Council has been received from surrounding property owners recommending approval. Commissioner Pack stated that she has read the Environrrrental Impact Repor•~ and ii: does not speak to arty quantitative data on which to base the findings. -26- Mr. Kee stated that the staff did not reyuir,e the Environmental Impact Report. Staff filed a Negative Declaration previously and in doing so, did not feel that a significant impact on the area would result if the density were increased or if it remained the same. The applicant did the study and presented it to the Council. It is not a requirement of the staff. Co mnissioner Samuelson stated that the Environmental Impact Report has been prepared by the people close to the project and how can you get an unbiased opinion. Mr. Kee stated that the purpose of the report was not to follow the guidelines of the Environmental Impact Report requirements in the City. It was to give information to the Council. The staff's recommendation is that the Commission reaffirm their previous action. Chairman Dickson asked the applicant if he wished to be heard. Mr. Paul Lasley, 480 Hacienda, stated he was also representing Mr. Covach of 440 W. Hacienda Avenue. He referred to the Housing Needs Assessment study prepared for the City which outlined the housing goals of the City Council and the population projections. He stated the additional units would help in the disbursement of construction costs, such as street improvements. They will try to work with the population gr°owth and specific age groups. Chairman Dickson stated that in his opinion it would be better if the density were left as it is and the only point that h1r. Lasley has made is based on Q~onomics. He stated that the applicant could propose an R-1 development. y~r. Lasley stated that there are not many young people who can afford single family homes. Commissioner Hebard asked P1r. Lasley if he had considered developing it as a PD, with a lower density. Mr. Lasley stated that they have looked at it from a 26 unit development. When applying for a loan, the lending agency looks at the surrounding apartment developments. Chairman Dickson stated that there are single family homes along Virginia and S~•rnyoaks which are very attractive. Commissioner Pack stated that it would seem to her that a townhouse development would be more in keeping witi~ the R-1 in the surrounding area. Apartment develop- ment is a minor portion of that area. Mr. Lasley stated that along Hacienda Avenue it is all high density developed with apartment complexes. Chairman Dickson asked if anyone else wished to be heard. Mr. ~layrre ~Jickner, 600 Wendell Drive, stated that the report is geared to the fac± teat the area is in the City of Campbell - it is not, it is in the Cpunty. 7e ~>ta'ed that they will have a petition to submit to the Council to show that 6(i ~~~~ s..e±3 i. of the peopl e who s i gned the petition are not i n favor of i t . The'r~e ... are a number of people who signed the petition irr agreement who feel that they were misinformed and misunderstood the petition. There will be another petition submitted removing their names from that petition. He stated that he was opposed to the change. The residents of 640, 620, and 585 Wendell also expressed their opposition. Commissioner Campos asked Mr. Goff if he thought the petition was misleading. Mr. Goff stated that when he was approached he was under the impression that it had beery raised from 13 to 20 resulting in a difference of 7 units, but when he realized that it hadn't beers approved for 1 to 13 and that it was still R-1, he was not in favor. He did not understand the situation at the time he signed the petition. Mr. Kee stated that the zoning is R-1 at the present time and that the area would have to be annexed into the City of Campbell, rezoned, and then site plans presented for approval before the Site and Architectural Committee and the Planning Corrnrission. The zoning in the County is R-1-8 which requires an 8,000 square foot minimum lot size. Commissioner Pack moved that the Planning Commission reaffirm its previous recommendation for denial of the request of Joe V. Covach and Paul W. Lasley for an amendment to the Land Use Element of the General Plan, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Conrnissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commissioners: None. ABSENT: Commissioners: None. PD 75-9 Application of Mr. Russell Ferrante fora six-month Ferrante, Russell extension of time to a previously approved development schedule for a 130-unit housing development for the elderly to be located at 601 El Patio Drive in a P-D (Planned Development/High Density Residential) Zoning District. Chairman Dickson asked Mr. Kee for Eris comments. Mr. Kee stated that the staff reconurrends approval of the six-month extension as requested. This is the first extension requested. Commissioner Samuelson stated that the Commission generally gives a one-year extension on the first extension. Chairman Dickson asked if anyone present wished to be heard. Mr. Jack Errington, 1707 Shasta Avenue, stated he and Mr. Ferrante owned the property and although six months should be sufficient, he would take the one- year extension so they would not have to come back again with another request Commissioner Pack moved that the Corn~uission recommend that the Council approve a one-year extension for PD 75-9, seconded by Conunissioner Samuelson and unanimously adopted. ., -~'<S- Staff Rieport Checklist for Architectural Approval. Chairman Dickson asked Mr. Kee for his comments. Mr. Kee advised that the staff reconnnends that the Commission adopt a resolution accepting the revised checklist and make it a required part of the application for Architectural Approval. Tf~e current checklist requires some items that are not pertinent and omits some items, which, irr staff's opinion, are important. Staff is of the opinion that the revised checklist will assist the applicants -in preparing a more complete application. RESOLUTION N0. 1596 Commissioner Pack moved that Resolution No. 1596 be adopted accepting the revised checklist to make it a required part of the application for Architectural Approval, seconded by Comrnissione~~ Vierhus and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, and Dickson. NOES: Commissioners: None. ABSENT: Commissioners: None. Appointment to Chairman Dickson appointed Commissioner Vierhus to ,architectural Review serve on the Architectural Review Committee. Commissioner Lommittee Vierhus accepted the appointment but advised that he would be absent for the May 3, 1977, meeting. Study Session Chairman Dickson set a study session for the Planning Commission on April 12, 1977, at 7:30 p.m. ADJOURNMENT Commissioner Pack moved that the meeting be adjourned, seconded by Commissioner Samuelson and unanimously adopted. The meeting was adjourned at 12:50 a.m. APPROVED: _ __~~ ___ J. DuWayne/Dickson, Chairman ATTEST: Arthur A. Kee, Secretary 9-