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PC Min 12/16/1976~t. PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA THU{~SD.gY, 7:30 P.M. MINUTES DECEh16ER 16, 1976 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 Commissior7ers: Vierhus, Dickson, .Samuelson, Pack, Secretary Arthur Present Kee; Senior Planner Bruce R. Powell, Engineering Manager Bi ll Helms, Recorder Ann Morris Absent Chairman Lubeckis, Commissioner Hebard, Commissioner CanTpos, City Attorney Dempster MI(vUTES Corrgnissioner Vierhus corrected the minutes of December 2, 1976 to read, "Cor~vnissioner Vierhus arrived and was seated at 7:40 p.m.". CorTTmissioner Samuelson moved that the corrected minutes be approved, seconded by Commissioner Vierhus and unanimously adopted. COhiMUPiICATIONS h1r. Kee reported that the communications received relate to specific items on the agenda. ARCHITECTURAL APPROVALS "S" 76-20 Application of Mr. Lee Kawahara and the Carl N. Swenson Company KawaiTara., Lee for approval of plans to add a loading dock and canopy to the Carl N. Sv<•:nson rear of an existing office building located on property known as Company 700 West Hamilton Avenue in a C-2-S Zoning District (General Commercial). ConiiTTi ~ , i on~~r Pack reported that the Site and Architectural Review Committee rnet with the apl,iii:ant and staff and recommends approval subject to securement of required buildir,r( perniits. Cor~~nissior~er~ Vierhus moved that "S" 76-20 be approved subject to the securement of regr:ired b~Tilding permits, seconded by Commissioner Samuelson and unanimously adopted. "S'" 76-37 Landscaping plan for "S" 76-37, 2260 South Bascom Avenue Tak~cmo~.o, David CoraTtissioner Pack reported for the Site and Architectural Review Committee stating that they are recommending approval. The Landscape Advisor recommended that a Gerjera Pouofcia be used instead of a Pitiospcrum Undulatunt and that a Raphiolep.is Indica Springtime be used instead of the P,gapanthus Africanus. The applicant is in agreement with these recommendations. Commissioner Vierhus moved that "S" 76-37 be approved, seconded by Commissioner Pack and unanimously adopted. "S" 76-40 Application of Donald MacMillan for approval of plans to construct MacMillan an industrial building on property knor~.n as 557 Sa1r~~~.r Avenue 'in a Hamilton Land proposed CM:B-30 Zoning District. Company Commissioner Pack reported that the Site and Architectural Review Committee reviewed this plan and recommend approval subject to the conditions in the staff report and with the added condition that the roll-up door will be 45 feet from the property line. The applicant is in agreement with the conditions. Commissioner Dickson stated that he looked at the site and indicated that this building will make a nice transition. Commissioner. Pack moved that "S" 76-40 be approved subject to the follo~~ing condition:: 1. Approval of ZC 76-7. 2. Property to be fenced and landscaped as indicated and as added in "red" on plans. 3. 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 building permit. 4. Landscaping shall be maintained in accordance with the approved landscape plan. 5. Faithful performance bond in the amount of $5,000 to be posted to insure land- scaping, fencing and striping of parking area tNithin three (3) months of com- pletion of construction, or applicant may file written agreement to complett~ landscaping, fencing and striping of parking area prior to final Building Department clearance. 6. All mechanical equipment located on roofs shall be screened as approved by the Planning Director. 7. The roll-up door shall be 45 feet from property line. The applicant is notified as part of this application that he is required io meet the following conditions in accordance with Ordinances of the City of Cam~bF~ll. A. All parking and driveway areas to be developed in compliance with Section ?1.50 of the Campbell Municipal Code. All parking spaces to be provided with a.p;~ropri- ate concrete curbs or bumper guards. B. Underground utilities to be provided as required by Section 20.16.070 of file 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 ac~:ordance 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. 7132 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage, and ruhbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single family dv;el1ings, multiple apartment units, to all commercial, business, industrial, manufacturi:rg, and construction establishments. F. Trash container(s) of a size and quantity necessary to serve the development shall Ise located in area(s) approved by the Fire Department. Unless otherwise 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 I~JORKS DEPARTMENT H. Pay balance of storm drainage area fee. I. Obt.rin excavation permit for driveways and balance of street improvements. J. Provide grading and drainage plan for review and approval of City Engineer. FIi?E DEPr1R~tI~iENT K. i~rovide an automatic fire extinguishing system. L. Prvvide "2A-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 Con>;rrissioner Samuelson and unanimously adopted. "S" 7Ea-41 Application of Mr. Timothy L. O'Neill for approval of plans to O'Pdeiil, '~. remodel an existing restaurant building located on property known as 1611 West Campbell Avenue in a C-2-S (General Commercial) Zoning District. Con~r,ission`r Pack reported that the Site and Architectural Review Committee recommends approvai subject to tyre conditions as outlined in the staff report. Com!rrissioner Pack stated that the elevations are a definite improvement over what is there' at the present time. They have adequate parking; in fact, there are three parking >paces in the rear of the building being removed. This has been marked in red on the plans. Conrraissioner Samuelson moved that "S" 76-41 be approved subject t;o the following Con(a7 t~ t;~11S 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° sprin4;l~r° system and type of fencing to be submitted for approval of the Planning Director at time of application for building permit. 3. Landscaping shall be maintained in accordance with the approved landscape plan. 4. Faithful performance bond in the amount of $3,000 to be posted to insure landscaping, fencing and striping of parking area within three (3) months of completion of construction, or applicant may file vrritten agreement to cornp~i~:t~~ landscaping, fencing and striping of parking area prior to final Building Depart- ment clearance. 5. All mechanical equipment located on roofs shall be screened as approved key t~;e P1 anrri ng Director. The applicant is notified as part of this application that he is required to meet the following conditions in accordance with Ordinances of the City of Campbell. A. All parking and driveway areas to be developed in compliance vrith Section 21.50 of the Campbell Municipal Code. All parking spaces to be prov-ided ~•rith appropri- ate concrete curbs or bumper guards. B. Underground utilities to b~ 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 waiver, sewer, electric, teiephor~e and television cables, etc. D. Sign application to be submitted in accordance with provisions of the sign ordinance for all signs. ~!o sign to be installed until application is approvf~d and permit issued by the Building Department. E. Ordinance Pdo. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, 4vet garbage and rubbish produced vrithin the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single family d~~rell- ings, multiple apartment: units, to alt commercial,business, industria~~, rnanu•- 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 otf~er- wise noted, enclosure(s) sha71 consist of a concrete floor surrounded by a solid wall or fence and ha~re self-closing doors of a size specified by tt~e Fire Department. All enclosures to be constructed at grade level. G. Applicant shall meet all State requirements for the handicapped. FIRE DEPART~IEPIT H. Remove wood shakes on rear building. I. Provide a trash area (enclosure). J. Any addition, alteration to kitchen fire protection system must be approved by the Fire Department. K. Provide one 10-BC fire extinguisher. 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. -4- Motion seconded by Commissioner Vierhus and unanimously adopted. PUQLIC HEARINGS UP 76-19 Public hearing to consider the application of Dr. Karen R. Leland, I:aren Leland, D.V.M., for a use permit to allow a veterinary clinic for cats to be located on property knovrn as 163 East Hamilton Avenue in a P-0 (Professional Office) Zoning District. Mr. Kee reported to the Commission stating that the applicant is requesting a use permit to allow a veterinary clinic on land which is currently zoned P-0. On November 4, 1y76, the Planning Commission adopted a resolution recommending that t!;e Cii:y Council change the General Plan and Zoning for this area from Professional Office to !deighborhood Commercial. Mr. Kee further stated that staff is of the Opit11~~t1 that the proposed use can be made compatible with the surrounding area. t~:ith the added conditions of the use permit, the staff recommends approval. Vice Chairman Dickson declared the public hearing open and asked if there was anyone vrisl~ing to speak for or against the application. Dr. Karen Leland, the applicant, stated that she found condition No. 2 hard to abide by. Cond~~tion Pto. 2 reads, "All animals shall be treated on an out-patient basis and no overnight boarding shall be permitted except that three to five animals may be !:e pt overnight on the premises for treatment purposes only." ~Dr. Leland stated that the cat service she wishes .to construct would be a full service institution. She contimented that if she were to do major surgery on 12 cats and 10 had to stay at: the facility there would be a problem. After major surgery an animal needs confinement and rest. It vrould be a disservice to people wanting aid to send the ;animal home. ~Commissiorser Dickson asked the applicant what she would consider as the number limit on the animals? .Dr. Leland replied that she could not say. If an animal came in for treatment, she could not turn it away. Dr. Leland felt she must be able to provide a full service :hospital for animals needing hospitalization. Dr. Leland also stated that t!~ere was an idential establishment being rurl in Sacramento which is vary successful and an asset to the community. Mr. I:ee supported condition No. 2 stating that the wording is exactly the same as in the City's Ordinance. Mr. Kee stated that perhaps that section of the Code is in need of being amended. Con~rrissioner• Vierhus asked if there was a difference between a clinic and a hospital? !Mr. Kee replied that if there is it would be up to the Commission to make that :determination. Vice:Chairman Dickson recommended that this item be continued to the first meeting in January so that staff might get further information from Sacramento Planning Department regarding the zoning of their hospital and how it has worked in the neighborhood. - 5 - Commissioner Pack moved that this item be continued to the first meeting 'in Janua-~y, seconded by Conunissioner Samuelson and unanimously adopted. UP 76-20 Public hearing to consider the application of Linda C. Lewin Lewin, Linda C. and Linda B. Allen for approval of a use permit to allat~r a Allen, Linda B. pre-school facility in existing structures located on property known as 995 Apricot Avenue in a C-2-S (General Commercial) Zoning District. Mr. Y.ee reported that the existing facility tvas used fora day care center previously, but has not secured a use permit from the City of Campbell as it; was not annexed to the City at the time. h1r. Yee further stated that the staff is recommending approval subject to conditions stated on staff comment sheet. Vice Chairman Dickson declared the public hearing open and asked 'if anyone ~~ished to speak for or against the application. Mr. Patrick P. 0. Box 477, Clear Lake, owner of the property,•stated that one of the main problems is that his building was remodeled at an expense of over $£3,000 to meet the specifications for a nursery school. It has been approved by the State of California for 30 children. The school had to be closed in 1972 due to h1r°. Patrick's illness. Mr. Patricl: noted that he felt there were several errors in calculation a,~ the staff write-up and noted each one to the Commission. Mr. L,yne Davis, 1004 Hazelwood, San Jose, spoke in favor of the use permit stating that he felt parking would be no problem as there would be only tyro or three c~~rs at a time on the property for staff. Mr. Kee stated that he was concerned, at this point, about the site layout. He did not know t-ow the traffic was going to work at this time. Mrs. PatricE; P.O. Box 477, Clear Lake, wife of the owner and Director of i:he pre- school came forward and addressed the Commission. Mrs. Patrick stated that. the school had been meeting State requirements (~vhich she felt were more strict than Campbell's requirements) since 1970. All nursery schools are policed by i~ealth officials and other State officials more than any other government facility, Miss Lynn Lewin, 1596 Davis St., San Jose, applicant, came forward and stated that there would be three staff people taking care of 30 children. Miss Lewin stated that she has another school in San Jose with a waiting list of 25 children. Sl~re ~-rould be glad to send broct-u~~es to the Commission describing her other establishment. The application.. before the Commission would be a sister school to her other school. Miss Lewin stated her~ school has a good reputation in San Jose, she takes a special interest in her children and would build the same reputation in this pre-sci~ool. Commissioner Samuelson moved the public hearing be closed, seconded by Commissioner Vierhus and unanimously adopted. Cor~nissioner Pack moved that ti~is item be continued to the first meeting in January so that the applicant can submit a site plan to be reviewed by the Site and Architectural Committee and the Planning Director re-review his reconu»endations, seconded by Commissioner Samuelson and unanir~rously adopted. rv UP 76-21 Public hearing to consider the application of Mr. Tom P.ivera, Torn Rivera and CET of the Central Coast Counties for a use permit to allow an educational institution on property kno4~rn as E75 South San Tomas Aquino Road in a C-1-S (Neighborhood Commercial) 7_oning District. Vice Chairman Dickson asked Mr. Kee for his comments. Mr. Kee stated that the staff is recommending approval subject to the conditions on the staff comment sheet. The applicant is requesting a use permit to allow a skill ti~aining center in the San Tomas Shopping Center. Staff is of the opinion that the pr•oposc~d use will be compatible with the existing development and will provide a needed service to the people living in the neighborhood. Commissioner Dickson declared the public hearing open and as{ced if anyone wished to speak 'for or against the application. 1~1r. Tom Rivera, 1116 Thorton Lane, San Jose, applicant, came forvrard to speak for his application and to answer any questions for the commission. Ca,rar~issioner Dickson asked if there were other training centers in California? Mr. Rivera replied that his service has been in existence for nine years and that thr~re are centers in San Jose at 425 South Market, East San Jose, Gilroy, Watson- v i 1 ~I e, trtonterey and Fresno. Mr. havid Samson, 1243 4~est Washington, Mountain View, instructor for the proposed centr~r, came forward and reviewed the physical set-up of the center. Corirmissioner Pack asked Prow instructors were chosen? Mr. San;sorr stated that training at the center is the only qualification to be an instructor. Plr. Eugene Hernandez, 2925 Florence Avenue, San Jose, also an instructor at the cer°ter stated that CET has the same type of criteria that San Jose City college has i=or certification. Mr. Hernandez stated that they are a job training center. They are there to train people for jobs not to educate. P~9r. tiet•nandez made reference to the census data that had been compiled to deter*nnine the reed for job training in the Campbell area. He noted that a large portion of Carnf7be11's population were food stamp recipients, part time employed or unemployed. H:' fe-It the CET service would be a valuable asset to the Campbell Community. Cor~~nissioner Pack asked if there was a charge for the course? Mr. R~i~~er~a stated there was no charge. Vice Cf~air,rnan Dickson asked if Mr. Rivera had any letters of commendation that he could submit to the Commission? h1r. Rivera answered that those could be available in a day. Mr••. Sarrrson again addressed the Conmrission stating that he graduated from Westmont High School in Campbell where there was no course in electronics offered. Fle was forced to go out of the area to receive training. Mr. Samson again empha- sized that an institution offering such training would be valuable to Campbell. -7- M k' M Commissioner Pack moved tfrat the public hearing be closed, seconded by Commissioner Vierhus and unanimously adopted. Commissioner Vierhus moved that UP 76-21 be approved subject to the cor~dit~ions outlined in staff's report, seconded by Commissioner Pack and failed by the follot-ring roll call vote: (after Commissioner Dicf:son had been advised by the City Attorney that he could not abstain.). AYES: Commissioners: Vierhus, Samuelson, Pack NOES: Commissioners: Dickson ABSENT: Commissioners: Hebard, Campos, Lubeckis Corr~missioner~ Samuelson moved this item be continued to the first meeting in January, seconded by Commission:~r Pack and unanimously adopted. ZC 76~-12 Public hearing to consider the application of f~1r. Ronald PD 76-18 E. Bryan and Federated Department Stores for approval of a request for a change of zoning from C-2-S (Gener~~1 Commercial) to P-D (Planned Development/Commercial) and approval of plans to operate a distribution center and construct a mezzanine in the existing structure lncate:l on property known as 600 East Hamilton Avenue. Corr~missioner Pack reported that the Site and Architectural Review Corr>rni;tee revie~ved this application and would recommend approval subject to the conditions as outlined in staff report. Mr. Kee stated that there 4vere no external changes proposed to the building nor is there additional parking. It is the staff's opinion that the 20,000 square fi~ot mezzanine could be accommodated without a requirement of additional parking. Commissioner Dickson declared the public hearing open and asked if anyone wished to speak for or against the application. Mr. f?on Bryan, representing Bullocks' Department Store, stated that he eras in agreement with the conditions and was available to answer any questions from the Comrrti s s ~i on . Commissioner Vierhus moved the public hearing be closed, seconded by Con~nissioner Samuelson and unanimously adopted. RESOLLrTIOPi PdO. 1567 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1567 reconanending that the City %orancil adopt an ordinance approving ZC 76-12 application cf Ronald E. Bryan and Federated Department Stores i~or a change of zoning from C-2-S (General Commercial) to P-D (Planned Development/Commercial) on property known as 600 East Hamilton Avenue, seconded by Commissior7er Samuelson and adopted by the following roll call vote AYES: Commissioners: Vierhus, Dickson, Samuelson, Pack NOES: Commissioners: None ABSENT: Commissioners: Hebard, Campos, Lubeckis RESOLUTION N0. 1568 Commissioner Pacl: moved that the Planning Commission adopt Resolution No. 1563 recommending that the City Council aciopi~ an ordinance approving PD 76-18, application of fZonald E. Bryan and Federated Department Stores, for approval of plans and development schedule to allow operation of a distribution center and construct a mezzanine in the existing structure located on property known as 600 East Hamilton Avenue, subject to the following conditions: 1. Approval of ZC 76-12. 2. Applicant to secure all necessary building permits. FIf;E DEPARTMENT 3. Submit plans for the revised automatic sprinkler layout and obtain a permit. 4. Provide "2A-lOBC" fire extinguishers. 5. Ttre Wells Fargo Alarm shall be zoned for the two facilities. One signal for Gold Key and one signal for Bullocks. Seconded by Commissioner Vierhus and adopted by the following roll call vote: AYES: Commissioners: Vierhus, Dickson, Samuelson, Pack NOES: Commissioners: None ABSENT: Commissioners: Hebard, Campos, Lubeckis PD 76-16 Public hearing to consider the application of Mr. Kjartan Arman, K.O. 0. Armann for approval of plans, elevations, and develop- ment schedule to allow construction of a shopping center in a P-D (Planned Development/Commercial) Zoning District. Conu~rissioner Pack reported that the Site and Architectural Review Committee met with the applicant and he is in agreement with the conditions as stated in the staff comment sheet. Commissioner Dickson declared the public hearing open and asked if anyone wished to speak for or against the application. hlr. }:jartan Armann, architect for the development, introduced his application to the Commission. h1r. Jnl~n Simpler, 586 Hacienda, spoke against the application stating this shopping center would cause further congestion in this area and he felt there were more than adequate convenience centers to meet the demands of the community in that area. htr. Simpler submitted for t}~e Commission's review, several pictures of damaged fences due to improper parking of cars along Hacienda Avenue, a five car wreck, and cars carelessly parked on shoulder area along Hacienda. He further stated the street was in need of repair and more traffic 4vould enhance the problem. n Mr. Paul 4leckler, 1232. Theresa Avenue, spoke ayainst the application, stat"ir;rfi he was opposed to the type of clientele that such a center would attract. I{` further stated the area eras already heavily traveled and that more cars spee~',~~~rg in and out of the shopping center arould create more of a traffic hazard. Mr. Cliff Havens of 1270 Theresa Avenue, spoke against the application stat~~~c that there were already four major shopping centers in the area, none of th:~s+~~rsven one-half occupied. He felt people were going broke in these shopping cente~rx<tue to the over abundance of centers ar~d not enough people to patronize them. Commissioner Vierhus moved the public hearing be closed, seconded by Cornmi;,~S~F,t~;rer Pack and unanimously adopted. Commissioner Vierhus questioned ti;e City Attorney as to what findings tyre Co;~trisslon had to have to deny a use permit in this situation? City Attorney Dempster replied that the Commission was only responsible for a~~prov- ing tho pia.ns, elevations, and development schedule for any given planned de4~~e~lop- ment. The denial of a planned development permit must be based on the disa(~~:;-oval of any of the three aforementioned parts of a planned development. Mr. Kee stated that the guide that the staff has used has been the General Plan for the City. The General Plan does show commercial land use for that propcrry. That is the only guide the staff has in making recommendations to the Comrni<xsa¢~n. There is a State requirement that a City must have a Land Use Element. Commissioner Pack stated that she r~ras very much in sympathy with the concerns of these residents but felt that the Commission did have the responsibility of ke~p- ing in accordance with the General Plan. RESOLUTION N0. 1569 Commissioner Pack moved that the Planning Commission ad~o;~t Resolution No. 1569 .recommending that the City Council adopt an ordinance approving PD 76-16, application of Kjartan 0. Armann for approval of plans, elevations, and dewlap-~ meat schedule to allow construction of a shopping center in a P-D (Planned Development/Commercial) Zoning District, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Cotr~missioners: Vierhus, Dickson, Samuelson, Pack NOES: Commissioners: None A6SENT: Commissioners: Hebard, Campos, Lubeckis Vice Chairrnarr Dickson encouraged those residents present to be scare to attend tf~e meeting of the City Council when this item appears on their agenda. Mr. Kee further stated that the purpose of the General Plan is to show the intent of the City for p tanning. The zoning is required by State law to be consisterrt with the General Plan. We can change the General Plan but only through public - hearings. The General Plan can be changed only three times a year. Commissioner Hebard arrived and was seated at 10:25 p.m. Vice Chairman Dickson directed staff to give the Commission a report on more effective ways of posting an area. Vide Chairman Dickson called fora recess at 10:35 p.m. The meeting reconvened at 10:5 p.m. PD 76-17 Public hear Moosman, Peter Moosman for schedule to building to Avenue in a District. ing to consider the application of Mr°. Peter approval of plans, elevations, and development allow construction of an industrial/warehouse be located on property known as 85 Gilman P-D (Planned Development/Industrial) Zoning Mr. Kee reported that staff is recommending approval subject to the conditions as o+.;tl i ned i n the staff report. The cfr~awings have been marked in red to indicate a change in parapet vrall to be more compatible with existing roof design. Commissioner Dickson declared the public hearing open. Mr,. Peter°f~1oosman, applicant, stated he was in agreement with the conditions. Commissioner Vierhus moved the public hearing be closed, seconded by Commissioner Sarmaei sor. and unanimously adopted. RESOLl1TIflN N0. 1570 Cornrnissioner Samuelson moved that the Planning Commission adopt Resolution No. 1570 recommending that the City Council adopt an ordinance approving PD 76-17, application of Peter Moosman, for approval of plans, elevations, and development schedule to allow construction of an industrial/warehouse building to be located on property known as 85 Gilman Avenue in a P-D (Planned Development/Industrial) Zoning District, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Hebard, Vierhus, Dickson, Samuelson, Pack NOES: Commissioners: None ABSENT: Cor»rnissioners: Campos, Lubeckis T.S. 76-7 Tentative Subdivision Map of Lands of Faris Lands of Faris A.P.N. 3060904 P1r. free stated that the staff recommendation is for continuance to the first rneet-ing in February, 1977 in order that the problems regarding access and utilities can be resolved. Commissioner Samuelson moved that T.S. 76-7 be continued to the first meeting in February, 1977, seconded by Cornirrissioner Pack and unanimously adopted. - 11 - Request of Mr. and Mrs. Joseph Tretheway Mr. Kee reported that the applicant is requesting an adjustment in t;h.~ s~ic(c: yard setback requirement to allow a second-story addition. It is the staff's opinion that the construction of the addition mould be in keeping with the past reductions of side yards. The applicant has submitted a letter signed by the neighbor who lives closest to the proposed addition, stating that he has no objection to the adc!iticn. Commissioner Vierhirs moved that we accept the request of Mr. and Mrs. J. Tretheway, secondec( by Commissioner Pack and unanimously adopted. Request of P1r. and hirs. Steiner Mr. reported that this applicant is requesting an adjustment in the side yard setback requirement to a11ow a second-story addition. It is tl~e staff's opinion that the construction of the addition would be irr keeping with the past reductions of side yards. The applicant has submitted a letter signed by the neighbor who lives closest to the proposed addition stating that he has no objection to the addition. Commissioner Vierhus moved that the request of Mr. and Mrs. Steiner he approved, seconded by Commissioner Hebard and unanimously adopted. S./~. 7G-84 Referral of application of Martin's Furniture far one Martin's Furniture 6' x 12' sign and one 2' x 8' sign on property located at 2175 Winchester Goulevard in a C-3-S Zoning District. Commissioner Dickson asked for the report from the Site and Architectural Review Ccmmi tt:ee. Commissioner Pack reported that there was no specific recommendation from t(~e committee but it ol~as felt that the full Commission should hear it tonight. Commissioner Pac(% stated that some of the alternatives were discussed at t(~e morning meeting. The existing sign has set a height precedent in the area that is frequently used as an example of a non-conforming high sign. Mr. Kc~e stated that an alternative would be to design a new sign and place a time limit o~f approximately two years on the old sign to bring it into conformance. Commissioner Dickson stated it has been the policy of the Planning Commission to bring signs into conformance when a new sign is requested. Commissioner Nebard stated that the Ordinance provides a time limit for non- conforming signs to be brought into conformance. 1~layor Doetsch gave a past history of the original sign approval. He slated that originally he had requested two signs, but the City required him to construct one large sign for all the tenants. He further stated that it would probably be more costly to reduce the existing sign than to have a new sign constructed. Commissioner Samuelson stated that it was the recommendation of the Sign Review Committee to deny the sign as presented. This would be consistent Nrith past actions of the Sign Review Committee for non-conforming signs. Gary Alstead of Fan~astic Plastic Signs, stated that he felt that our sign ordinance would not hold up in court if challenged. P1r. Dempster stated this type of problem should be approached in a reasonable manner. He didn't thins; drat any of our Ordinances should be challenged. If you have an applicant and a Commission that can resolve the problem, then do it. That is v;hat the Commission is all about. Commissioner Hebard stated that this application should be 'referred back to the Site and Architectural Review Committee in order that a solution can be arrived at ti~at benefits both the applicant and the City. Co;runissioner Vierhus moved that this application be referred back to the Site and Architectural Review Committee in order that a conforming sign can be considered as ~~~eli as a change to the existing sign while it is being amortized in conformance ariti-~ the zoning ordinance, seconded by Commissioner Pack and unanimously adopted. Commissioner Hebard advised the applicant that the sign to be brought back before the Site Ftevieu: Conunittee should be in more of a presentable condition than the ones vefore the Commission tonight. ApF~c~i ntment of Commissioner to Serve on Liaison Committee with City Council Corlr;nissioner Hebard moved that the appointment of Commissioners should be continued to the first meeting in January when there is a full Commission present, seconded by Commissioner Samuelson and unanimously adopted. Pdo,nination for Chairman of Planning Comnriss~ion Commissioner Fack nominated Commissioner Dickson for Chairman in 1977, seconded by Commissioner Samuelson. Commissioner Vierhus moved the nominations be closed, seconded by Commissioner Pact: and unanimously adopted. Conunissioner Samuelson nominated Commissioner Pack for Vice Chairman, seconded by Commissioner Ilebard. Commissioner Vierhus moved the nominations be closed, seconded by Commissioner Samuelson and unanimously adopted. - 13 - Vice Chairman Dickson reported that he had a conversation with Dr. Salsbury of Can~ipbcll Union School District. Dr. Salsbury indicated that the proper~y has been offered to public entities. He then reviewed the complete procedure for the disposition of the property. Commissioner Hebard suggested that this item should not only go to the public but also the school board should be notified of public hearings. The hearir-iy should also be noted in both the Campbell Press and the San Jose Mercury and the Chamber of Commerce should be alerted as well as the usual people. ADJOU~~Nf~tENT Commissioner Samuel son moved that the meeting fie ad jourr}c~d seconded by Commissioner Pack and unanimously adopted. The meeting was adjourned at 11:53 p.m. /+ 4 APPROVED: ~ _ ~~~~~~ /.~~' .'~`t~~ f~. DuWayne Dickson, Vice Chairran n ~ ~~ ~~ .; AT T C S T : ~i~ ~„ I~---ti_~-__~___~-~-~ AHt ut1 r A. kee, Secretary RECORDED::,:-';~ ~;_-~~_,~h_~_~_-~_`t___~t__.<~_.-~! nn Morris, ,ec~ order ~'