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PC Min 02/01/1977PLANNING COMMISSION CITY OF CAMP6EL1_, CALIFORNIA TUESDAY, 7:30 P.M. MINUTES FE6RUARY 1, 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. ° RUL!_ CALL Commissioners: Hebard, Campos, Vierhus, Pack, Present Samuleson, Lubeckis, Chairman Dickson, Secretary Arthur A. Kee; Senior Planner Bruce R. Powell; Engineering Manager Bill Helms; Recorder Ann h1orris. Absent J. Robert Dempster, City Attorney MINUTES Commissioner Vierhus corrected the January 18, 1977 minutes, page 7, indicating tFiat there was no vote taken to close the public hearing. The minutes were corrected to show that it was unanimously voted to close the public hearing. Commissioner Pack moved that the minutes of the January i8, 1977 meeting be approved as amended, seconded by Commissioner Vierhus and unanimously adopted. COMMUfdICATIOPdS Mr. Kee reported that the communications received relate to specific items on the agenda and would be taken up when the item appears on the agenda. ARCHITECTURAL APPROVALS "S" 73-53 Application of Mr. Odell J. Mitchell to change the hlitcheil, 0. J. use of a struci.;ure located on property known as 1360 W!iit.eoaks Avenue in a M-1-S (Light Industrial Zoning District.) Con~rnissioner Pack reported that the Architectural Review Committee met with the applicant and recom~i~ends approval with the conditions as indicated in the staff report. The applicant is in agreement with the conditions. Corrcnissioner Vierhus moved that the application of Mr. 0. J. Mitchell be approved subject to the follo4ving conditions: 1. Parking area to be striped and marked as indicated on t!~e site plan. 2. 6uildin Department: building areas originally submitted to the building Department as Group F, Division 4 shall be changed to occupancy of Group E, Division ~, 1°ype III-N, Section 50?_ U.B.C. 3. Fire Department: Sprinkler contractor to submit drawing for alterations to the Fire Department and obtain permit prior to construction. Motion seconded by Commissioner Samuelson and unanimously adopted. "S" 77-1 Application of Mr. Robert Carl Firato for approval Firato, R. C . of plans to convert two retail shops into a disco for young adults on property knotivn as 476 East Campbell Avenue in a C-2-S (General Commercial) Zoning District. h1r. Kee stated that several member°s of the Youth Commission were present and would like to make a report on their findings regarding this item. Stacie hichlahon, 3170 Dunst.er, speaking for the Youth Commission, reported that as there is nothing in Carn~,bell that would suit the needs of the youth, they were supporting t.fris application. ThP Youth Commission is of the opinion that this will help in kf~~eping youth off the streets and provide an activity during the week. and on ~~°oek-ends. Ken Podgorsek, 86J 'rirginia Avenue, Chairman of the Youth Commission, and Jim Berryessa, Vice ~:f~airrnan, 151 Ll Caminito, introduced themselves at that time Cornrnissioner Pack rtporte~s that the Site and Architectural Review Committee met with the applicarr~t and determined that the plans, as represented, were not conrpl ete. The cf.,rr~~~rrittee r,~~oul d 1 i 4.c to recommend a Conti nuance unti 1 the second mc~et-ir~g in Fot>t°uary in or,~!er tf~rat revised site plans can be submitted. Commissioner Flebar~d s!asfgested that this item be referred to the Parks and Recreation Commission for their cornrnents. Chairman Dickson ash;er€ IF9r. K€~e if it would be possible to receive comments from the Par•I:s and F;ecrea~~ion Corr3lr~ission before the Planning Conunission meeting of February 1 ~. Mr'. Kee stated that tyre ~'~rrks acrd Recreation Commission will be meeting February 9 and stuff kill ,:rf.ternpt to present this item for their comments at that meetirrc~. Conmissioner ileba!~d ±r:o,Y,~,d ~i:hat "';°' 77-1 be continued to the next regularly scheduled meeting, seconci~.ci by Cornrnissioner Pack and unanimously adopted. PL46LIC NCARIIv'taS UP 76-21 This is the time and place for continued public Rivera, Tom gearing to consider the application of Mr. Tom Rivera and CET of the Central Coast Counties for a use permit to allow an educational institution on property known as 875 South San Tomas Aquino Road in a C-1-S (Neighborhood Con>nrercial) Zoning District. Chairman Dickson asked for• the report of the Architectural Review Corrur~ittee. -2- Mr. Kee reported that a letter had been received from Mr. Russell 'Tershy, Executive Director of CET, requesting a continuance fnr a period of throe to four months. Commissioner V~ierhus moved that UP 76-21 be continued to the first meeting in May, seconded by Commissioner Pack and unanimously adopted. Commissioner Hebard added that he would li~:e this matter called to the attention of the Civic Improvement Commission as there may be some problem in this matter that they may have an interest in. Commissioner ~iebard moved that this matter and the letter from Mr. Russell Tersh,y be referred to the Civic Improvement Commission, seconded b,y Commissioner Vierhus and unanimously adopted. G.P. 7b-10 This is the time and place for continued public Covach, Joe V. hearing to consider the application of Mr. Joe V. Covach Lasley, Paul and Mr. Paul U1. Lasley to change the Land Use Element of the General Plan from Low-Medium Density Resideni;ial to Medium Density P.esidential for property known as 440 and 480 West Hacienda Avenue. Chairman Dickson asked Mr. I:ee for his comments. Mr. Y.ee reported that the staff is reconnnending that the Planning Commission adopt a resoluiton recommending denial of the proposed amendment to the Land Use Element of the General Plan. Mr. l;+arron Jac+c,bsen, architect for the project, 401 "B" East Campbell Avenue, came forward and spoke for the project. Mr. Jacobsen's report consisted of nine main points establishing the favorability of this project. City, and Co~rrnunity Im rovements: Street 1. 4~iden Hacienda to designed 90 foot width. 2. facilitate Nridening Hacienda at the percolation pond. 3. peduce the Mottle-neck traffic hazard. (Several accidents reported). 4. Imps°ove dr•aina.ge at the corner of Walnut and Hacienda. 5. Possible relo:.ation of .bus stop to widened portion of Hacienda which will reduce traffic obstruction. Area Profile i. I~ousinq density at the proposed rezoning parcels and adjoining parcels. 2. The two hauses in the rezoning parcels are older than 50 years of age. 3. Proposed General Plan increases the density of the two lots to R-2 and maintains the R-M buffer zone. 4. The architecture would blend the existing large redwood and pine trees with a maximum of two story construction. -3- Mr. Paul Lasley, applicant, 480 Hacienda Avenue, came forward and addressed the Commission stating that his project would result in substantial improve- rnents in that area in the form of: street and curbing, $40,000; landscaping, $115,000; sevrage connections, $5,700; arrd the enhancement offered by the total project estimated at about $900,000. Corrsnissioner Hebard stated that considerable time was spent in determining the desires of the residents in that area and as far as he could remember _ thE~y were in favor of keeping the density as low as passible. Mr.. Lasley remarked that he had talked with his neighbors, and there is no op.;~osition to his apartment complex. Corr~nissioner Lubeckis asked Mr. Lasley if he was in the City or in the County? PFr. Lasley ans4vered that he was in the unincorporated area of the County but under the jurisdiction of the General Plan of the City of Campbell. dir. William Allen, 1223 Walnut Drive, stated that he could see no problem a,`; 1 ong as the traffi c and par6;ing are control i ed. ~'t~mmissioner Hebard moved that the public. hearing be closed, seconded by tc~mmissioner Pack and unanimously adopted. G~~mr~~issioner~ Hebard stated that unless there is a compelling reason to increase the densi~cy on this lot, he felt tF7at the Commission should continue to abide by ti~eir last exploration of the citizens' desire for that area. Eomrnissioner Pack stated that sF~e i"elt the same. RESOLUTIOP~I N0. 1576 Commissictarev~ Hebard moved that Resolution No. 1576 be adopted r~er..onrm~~ndirry that the City Council deny G.P. 7f:.-10, up~flication of Joe V. Covach and Paul W. Lase~~~~, to change the Land Use Element of the General s'lan fronr Lo4v-Mer_iium Density Residential to Medi urrz Der~rsi~~y Residential for property known as 440 and ~;~>0 host Hacienda Avenue on the basis of the Caty CoanL~i'9 Land lJsr Policy for the area, secorld•:.~cF by C+,~rr3nrissioner Samuelson and adopted by the followi,~~ roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Fack, Samuelson, Lubeckis, Chaff rrnart Lei ckson NOi~S: Commissioners: None A85ENT: Commissioners: None ZC 77-1 This is i:he time and place for public hearing to Maps, W. J. consider the application of Mr. Warren J. Mapes for a rhange of zoning from CM:Q-80 (Controlled Manufacturing - 80,000 square foot minimum lot size) to CP1:a-20 (Contro1led Manufacturing - 20,000 square foot minimum lot size) for property known as 581, 583, and 585 Division Street. -4- Chairman Dickson asked Mr. Kee for his comments. Mr. Kee reported that this item is tied closely with the next item and would r~ecornmend continuance for two weeks in order that staff might come hack with additional information. Conunissione,r Vierhus asked if there was one ownership for the property. Mr. Kee replied that it was his understanding that there was. City Attorney Dempster arrived at 8:30 p.m. and was seated. Chairman Dickson declared the public hearing open and asked if anyone wished to speak for or against the application. There being no one wishing to speak, Comrnissioner Hebard moved that ZC 77-1 be continued for two weeks, seconder by Commissioner Pack and unanimously adapted. MISCELLANEOUS P.M. 76-21 Parcel Map for ttre Lands of t4apes. Lands of Mapes A.P.N.: 424-33-67, 87, 88 Commissioner Hebard moved that P.M. 76-21 be cont;-inued to the February 15, 1977 meeting, seconded by Commissioner Pack and unanimously adopted. T.S. 76-7 Tentative Subdivision Map of the .Lands of Faris. Lands of Faris A.P.N.: 306-9-44. Chairman Dickson asked Mr. Kee for his comments. Mr. Kee reported that the applicant is proposing to subdivide a 13,650 square foot parcel of land into two 1,548 square foot parcels, five 1,104 square foot parcels, and one 5,034 square foot parcel (cornmon ownership). On August 23, 1976, the City Council adopted Ordinance No. 1028 approving plans fora seven unit apartment complex on this site. The proposed subdivision would facilitate the individual ownership of the proposed seven townhouse units. Commissioner Hebard asked if the applicant was present. b1r. James Riley of Riley Associates, civil engineer for the project was present and stated he was available for any questions by the Commission. Comrnissioner Hebard moved that T.S. 76-7 be approved, seconded by Commissioner Vierhus and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, Chairman Dickson NOES: Commissioners: Norre ABSENT: Commissioners: None Chairman Dickson declared a recess at 8:40 p.m. Meeting reconvened at 8:50 p.m. -5- T.S.. 76-8 Tentative Subdivision Map of the Lands of Locurto Lands of Locurto A.P.N.: 405-10-57. Chairman Dickson asked Mr. Kee for his comments. Mr. Kee reported that this item was continued in order that an alternate plan could be drafted by the applicant which would indicate the elimination of the co~rrnection of Hazelwood Avenue through tr!e subject property. This alternate pl~rn has been reviewed by other departments and agencies and can be recommended by the staff subject to two additional conditions. One provides for dedication an~j iprprovement of a pedestrian walkway to the satisfaction of the City Engineer. The second requires the subdivider to construct cul-de-sac improve- ments on Hazelwood Avenue on the westerly side of the proposed subdivision. These improvements would need to be approved by the City Engineer and the County of Santa Clara. Commissioner Pack asked Mr. Kee if the staff had gotten a report back from the Chrief of Police regarding the pedestrian walkway. P~iL~. Kee stated that they have not had time to get a comment back from hirn, but in the past he eras said it was very difficult to police this kind of easement. Gornmissioner Pack as~;ed if there ~r,~as any plan to pave that sidewalk. Mr. Helms responded that it ~ril1 be paved. Con!missioner Pack who 4-;%ruld ~rrais:tain it. i~ia~. Helms replied the C i i:y r~oz:l d. ~Qr. Richard Wager, attarrze,~{ for A'ifred Romero, came forward and addressed t;kre Commission. Mr. i~aq.~s~ stated that two petitions were presented, both indicating they encouraged d+rvelc~pment of the Locurto property, however, an alternative was sub,.ri:.ted, l~4rai:, alternative called for an entry way onto ~ilhe Locurto proper~t~•. '~~ ~r°a~osed a bar°rier at this point so there would be ~~© through traffic. ~1r!•. Wae~er quoted ft~ora:, 8ao~ 33 and Bovk 3~'~ of l~iaps indicating that, according ~~ these quotes, there is s,oy~ question as to the ownership of the properties ~:nvolved and with r°egard to str°r?ot o~•anership. Mr~. Waver also quoted from the 1 ifornia Code anti n~~at~~d that the Cc)una:y never accepted dedication for street ~~~~e~rposes . h1r. Wa gea° staters ~'re was desirous that the City give these property a~Mners assurance that they were not going to arse this subdivision to defeat wfzatever legal righta they haY~~e. He stated that ttrey have not seen ar!y reasons yet why their proposal doesn`t work. And, according to Section 65501, 65'°i02, Government Code, Statement of Reasons, the City must present a statement of reasons as to why the pr°oposal of a cul-de-sac fr~om Hazel Avenue does not work. Corrr~rissioner Hebard stated that what he understood, from the last meeting and from the petition of property owr!ers in irhe area, was to let the development go as long as the traffic does not go through. Mr. K~_e=was asked for his comments, and he stated the following: No. 1. Tn regard to question raised concerning who owns the street right-of-way, it was tiffs understanding that most streets are easements for right-of-way pur- poses. Mr, Kee also indicated that the streets are maintained by the County -6- and are not considered by staff to be prirate accessways. No. 2. It was the staff's understanding that the main objection of people in the area was the extension of Hazelwood through the property. In fact, tine petition reads in part as follovrs:....."4Je further oppose the proposed extension of Hazelwood Avenue over and through the said property." No. 3. Mr. Kee stated he was not familiar with the Government Code sections that were quoted but he was familiar with the Campbell Subdivision Ordinance which requires that approval, or conditions approved, o-f a tentative map is forwarded to the City Council for their consideration and the Council may approve or disapprove the action taken previously by the Plannirg Commission. Failure of the Council to act within the ten days or at the next regular meeting, after receipt of the report from the Planning Commission, constitutes approval of the map. No. 4. In regard to a comment about the staff's plan, Mr. Kee stated that it is the applicant that submitted., a tentative subdivision map. The staff met with the applicant after the last meeting to review the alternative plans. In the staff's opinion, the long cul-de-sac was less desirable than the alternative plan recommended. Mr. Campos asked ho~v the street will change the complexi~~y of the neighborhood. Mr. Don Rose, 1095 Hazelwood, spoke stating that opening the street would cause more traffic problems and would take away from a rural atmosphere. Mrs. Lorraine Eanes, 965 Hazelwood, in response to Commissioner Campos' question, stated that her children play with the children around the corner and changing the street will cause a heavier flow of traffic into the area where they are. Mr. Eanes stated that her car has been damaged several times by the traffic. Mae Stein, 1203 Hazelwood, in answer to Commissioner Campos, stated that it will multiply tt~e traffic. Frank Jacobs, 675 Louise Court, stated he was opposed to making Hazelwood through because of tt~e traffic and because of the problem in policing the area because part is in the County and part is the City. He also stated the children coming over to the .school would be less safe. Chairman Dickson asked the audience if they had all received maps of the alternate plan. being reviewed. They responded they had not. Mrs. Rase, 1095 Hazelwood, stated she had received one from Mr. Hill Heiss, Civil Engineer for the project, and was to represent the east side and was to show the map to each of the people she was representing. Mr. Bill Heiss came forward and stated he had sent two copies of the map to Mr. Greentti~ay, representing the Nrest side, and one copy to .Mrs. Rose, represerting the east side. -7- Mr. Heiss, 'in regard to the owner's certificate of the recorded subdivision maps in the area, stated that the property is offered for dedication, but it is a County policy not to accep~ it, but also not to reject it. Chairman Dickson called a recess at 9:55 p.m. so that the people could look at the alternate plan map of the Locur,to property. Meeting reconvened at 10:05 p.m. Mr. Dempster stated that he could understand the position of Mr. Wager and he could understand the position of the City. Mr. Dempster advised the Commission that they could either accept or reject the recommendation of the staff. If t~tr•, gager desires to bring court action, that is his privilege. To the best of our 4:nowl edge, Ha?el r~dood i s a proper street. Commissioner Vierhus addressed the audience expressing that.a commendable effort has been made by the City to satisfy the residents of the neighborhoods involved, and he was prepared to n~ai:e a motion for approval of the map before the Con~nission. Cor;rrrissiorrer °Vierhus moved that T.S. 76-$ be approved, seconded by Commissioner Pack. Commissioner Campos stated he was concerned wit} the pedestrian walkway. Commissioner Campos stated he could see it developing into a police problem. He felt that Lots 9 and 10 will be vulnerable to vandalism and invasion of property. It will attract go-carts, bicycles and evenutally become a race track for each of those. Commissioner Vieri~us witi7dreaa his motion. Conimi ssi oner Pack vait6~dr-ew her second to the original motion and moved to delete the walkway from the application of Lands of Locurto, seconded by Commissioner Campo, and adopted by the following roll call vote: AYES: Commissioners: i-te,~ard, Car.r;~os, Vierhus, Pack, Lubeckis, Chairman Dickson NOES: Commissioners: Sanru~alson ABSENT: Comrnissione~.~s: ~dorre Commissioner Pack moved for° appi~oval of the tentative map entitled "Alternate Plan", T.S. 76-8, Lards of Locur~to, seconded b;,•' Commissioner Hebard and adopted by the following roll call cote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, Chairman Dickson NOES: Commissioners: 'one ABSENT: Commissioners: None Chairman Dickson addressed the audience reinforcing to them that Hazelwood Avenue ~~~ould not be extended as approved. Mr. Alfred Romero spoke from the audience stating that vras an improper statement. Hazelwood Avenue is being extended over the line so marked on the plans. -8- Mr. Y.ee submitted that perhaps a better a~~ording is that Hazelwood Avenue is not being connected through. Referral from Anti-recession funds. Mayor Doetsch Commissioner Hebard moved that staff advise the Council that we have no comments to submit regarding the use of Title II, Anti-Recession funds, seconded by Corr~nissioner Pack and nanimously adopted. Conver~s -ion of Residential F3uildinys Commissioner Pack moved that this-item be continued to a study meeting, seco~7ded by Commissioner Samuelson and unanimously adopted. Staff F;eport Signs in Windows Cor~rnissioner Paci; moved that this item be continued to a meeting with a short agenda., seconded by Commissioner Samuelson and unanimously adopted. Resolution setting a date of Public Hear-irrg for possible amendment to the Official Plan Line of Civic Center Drive RESOLI!;ION N0. 15i7 Commissioner Hebard moved that the Commission adopt a resolution setting a date of public hearing for possible amendment to the Official Plan Line of Civic Center Drive, .seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: NOL-S: Commissioners: ABSENT: Commissioners: City Council R Referral Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, Chairman Dickson None None eft~rral cf PD 76-16, Kiartan 0. Armann. h1r. Dempster stated that he desired the record to show that no one was in the audience regarding trris application. Comrniss-ioner Hebard moved that this item be continued for two weeks with proF~er notifica-t-ion to residents involved, seconded by Commissioner Pack and unanimously adopted. City Council Land Ilse Plan for surplus property. Referral Chairman Dickson asked Mr. Kee for his comments. Mr. Kee stated that the City Council has requested the P1ann-ing Commission to review the land use plan for this property and make a recommendation as to whether or not the land use plan should be amended. Staff is of the opinion -9- r that this property, like the surrounding property, should remain lour-density residential. Conu»issioner Hebard moved that the subject property remain R-l, seconded by Cornm~issioner Campos and unanimously adopted. Landscaping o°F Commissioner Hebard moved that this item be Completed Developments continued to a future date, seconded by Commissioner Pack and unanimously adopted. Appointment of Commissioner Hebard moved that the same Commissioners Comrn'issioners to Serve serving on the Transit Subcommittee be appointed to on Various Subcon~nittees serve on the Planning Policy Transportation Committee, seconded by Cornm-issioner Vierhus and unanimously adopted. ' RESOLUTION N0. 1578 Commissioner Hebard moved that Resolution No. 1578 be adopted expressing appreciation to Ann Morris for services rendered to the Planning Commission', seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, Chairman Dickson NOES: Commissioner°s: none _ _ A6SENT : Commi ssi or-ers n i~rone ADJOURNMENT Commissioner Hebard moved that the meeting be ad,~ourned, seconded by Commissioner Samuelson and unar~imous1y adopted. The meeting was adjourned at 10:55 p.an. APPROVED: _,_ .. . UuWayrie, D'ci:son ATTEST : __. Arthur A. Kee, Secrefiary RECORDED: Anrr Morris, Recorder -10-