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PC Min 09/16/1976PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA THURSDAY, 7:30 P.M. MINUTES SEPTEMBER 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 Commissioners: Hebard, Campos, Dickson, ;?resent Samuels~pn, Pack, Chairman Lubeckis; Secretary Arthur A. Kee; Senior Planner Bruce Powell; City Attorney J. Robert Dempster; Engineering h9anager Bill Helms; Recorder Phyllis Acker. Absent Commissioners: None MINUTES Commissioner Pack moved that the minutes of the September 2, 1976 meeting be approved as received, seconded by Commissioner Dickson and unanimously adopted. C01-11~UNICATIONS Mr. Kee reported that the communications received relate to specific items on the agenda. ARCHITECTURAL APPROVALS "S" 76-21 Continued application of Mr. Norman Coleman Coleman, Norman for approval of plans to construct a four- unit apartment building on property known as 67.0 Gamma Court in a R-2-S (Multiple Family/Medium Density Residential) Toning District. Commissioner Pack reported that the Architectural Review Committee met with the applicant's architect and the committee requested that the plans be revised to extend two feet of the second story on the one elevation so that there is a 20 foot extension over the carport rather than an 18 foot extension. This revision has been marked in "red" on the plans. The architect indicated agreement with the change. The Architectural Review Committee recommends approval of the application subject to the following conditions: 1. Building shall be lengthened so as to provide a 20 foot long covered parking area. 2. Property to be fenced and landscaped as indicated and as added in "red" on plans. - 1 - 3. Revised landscape plan indicating type of plant material, loca- tion 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. 4. Landscaping shall be maintained in accordance with the approved landscape plan. 5. Faithful performance bond in the amount of $3,000 to be posted to insure landscaping, fencing and striping of parking area within (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. 6. All mechanical equipment located on roofs shall be screened as approved by the Planning Director. The applicant is notified as part of this application that he is required to meet the following conditions in accordance with Ordinances of the City of Campbell. A. All parking and driveway areas to be developed in compliance with Section 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. B. Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. C, Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and tele- vision 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 Cawpany. This requirement applies to all single family dwellings, multiple apartment units, to all commercial, business, industrial, manufac- turfing, 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 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 WORKS DEPARTMENT H. Obtain excavation permit for driveway approach installation. FIRE DEPARTMENT T. Provide "2ABC" 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 acid are not herein specified. Commissioner Dickson moved that "S" 76-21 be approved as recommended, seconded by Commissioner Samuelson and unanimously adopted. "S" 76-28 Application of Marvin A. Bamburg, A.I.A., Bamburg, Marvin A. for approval of plans to construct a 91 unit .apartment complex on property known as 185 Union Avenue in a R-3-S (Multiple Family/High Density Residential) Zoning District. Commissioner Pack reported that the Architectural Review Committee met with the applicant and recommends that condition No. 1 be separated into two conditions, and that another condition teas been added. Condition No. 1 would read: 1. Applicant to submit detailed fence plan for approval of ,the Planning Director. No. B would read: 8. Plans for carport to be submitted to the Planning Director for approval. Condition No. 9 would read: 9. Applicant to submit a report by an acoustical engineer certifying that adequate sound attenuation will be provided for the residents within the project from the noise generated by adjacent land uses, especially for unit #10, which is adjacent to Highway 17. With these added conditions, the Architectural Review Committee recommends approval subject to the recommended conditions. Chairman Lubeckis asked if the architect was satisfied with the conditions as recommended. Commissioner Pack indicated that he was. Commissioner Dickson moved that "S" 76-28 be approved as recommended, seconded by Commissioner Campos and unanimously adop~ed. 1. Applicant to submit detailed fence plan for approval of the Planning Director. 2. Applicant to provide heavy landscape screening along carports near buildings 7 and 8. 3. Property to be fenced and landscaped as indicated and as added in "red" on plans. 4. Landscape plan indicating type of plant material, location of hose bibs or sprinkler system and~type of fencing to be submitted for approval of the Planning Director at time of application for building permit. 5. Landscaping shall be maintained 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. 8. Plans far carport to be submitted to the Planning Director for approval. 9. Applicant to submit a report by an acoustical engineer certify- ing that adequate sound attenuation will b~ provided for the residents within the project from the noise generated by adjacent land uses, especially for unit #10, which is adjacent to Highway 17, The applicant is notified as part of this application that he is required to meet the following conditions fn accordance with ' Ordinances of the City of Campbell. A. All parking and driveway areas to be developed ir- compliance with Section 21.50 of the Campbell Municipal Code. All park- ing 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 Bui].c]ing Department. E. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the col]_ect3on and disposal of refuse, garbage, wet garbage, and rubbish produced within the limits of the City of Campbell shall he made with Green Valley I>isposal Company. This requirement applies to all si.np,le - 4 - family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction estab- lishments. F. Trash container(s) of a size and quantity necessary to serve the development shall be located in areas approved by the Fire Department. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a slid wall or fence and have 'self-closing doors of a size specified by the Fire Department, A11 enclosures to be constructed at grade level. G. Applicant shall meet all State requirements for the handicapped. PUALIC WORKS DEPARTMENT H. Dedicate to 30 foot one-half street along Union Avenue. I. Enter into agreement and post bonds for construction of street improvements, or participation in an L.I.D. J. Pay storm drainage area fee of $2,579.00. K. Provide grading and drainage plan for review and approval of City Engineer.. FIRE DEPARTMENT L. Provide manual fire alarm system for building #6, P4. Provide an on-site fire hydrant system. N. Provide "2ABC" fire extinguishers. The applicant is notified that he shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to the development and are not herein specified. "S" 75-8 Application of Dr. Robert Thamrn for rein- Thamm, Robert statement of plans to construct a family education center to be located at 361 West Rincon Avenue in a Planned Development Zoning District. Mr. Kee reported that the applicant has requested that this item be deferred until the end of the agenda. Dr. Thamm teaches at San Jose State University and will be in attendance later on during the meeting. Chairman Lubeckis announced that "S" 75-8 would be continued to the latter part of the agenda. - 5 - PUBLIC HEARINGS UP 751 This is the time and place for continued Ruffenach, Karen public hearing on the consideration of revocation of Use Permit 75-1, boarding home for aged (6 ambulatory persons) on property known as 1285 West Campbell Avenue in a R-2-S (Multiple Family-Medium Density Residential) Zoning District. Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee advised that.the staff recommends continuance to the next regular meeting. This item was continued from the meeting of August 19, 1976 in order that the applicant could meet with the City Attorney and the Fire Marshal, and the Fire Marshal has indi- cated that the proposed meeting has not taken place. City Attorney Dempster advised that the applicant had called him and advised that he is in the process of complying with the request and that he does have a person living in each unit during the evenings, on each floor of each unit., lie requested that the Fire Marshal be asked to respond. Fire Marshal Leonardi stated that if the applicant does have a person living in on each floor of each unit he is in compliance with the section of the code regarding supervision. City Attorney Dempster asked Mr. Leonardi if he would be in a position to withdraw his request for revocation of the use permit at 1285 West Campbell Avenue if the condition was being met. Mr. Leonardi stated that he would, however, have to make an inspection to make sure that there is a person on the premises during the evening. Chairman Lubec]<is asked if the applicant wished to be heard. Mr. Ruffenach, applicant, stated that there is an attendant living at 1285 West Campbell Avenue, however, he has had trouble finding someone for 1265 West Campbell Avenue. They are planning on having the resident manager who lives upstairs move downstairs to meet the requirements. City Attorney advised that the Commission should continue the public hearing on UP 75-1 and open the public hearing on UP 76-12 and then continue both items to the next regular meeting of the Planning Commission, Commissioner Pack moved that UP 75-1 be continued to the October 7, 1976 meeting, seconded by Commissioner Campos and adopted by a 5-~-0-1 vote,- with Commissioner Hebard abstaining. - 6 - UP 76-12 This is the time and place for public Ruffenach, Karen hearing to consider the request of Karen Ruffenach for a use permit to allow a residential care dome for six elderly people on property known as 1265 West Campbell Avenue in a R-3-S (Multiple Family-Medium ,Density Residential) Zoning District. Mr. Kee advised that this item is related to UP 75-1 on the agenda and the recommendation is that the public hearing be opened and that the application be continued to the next regular meeting. Chairman Lubeckis declared the public hearing open and asked if anyone wished to be heard. There being no one wishing to speak at this time, Commissioner Iiebard moved that UP 76-12 be continued to the October 7, 1976 meeting, seconded by Commissioner Pack and unanimously adopted. PD 76-10 This is the time and place for public Bloodworth, Jack hearing to consider the application of Jack Bloodworth, on behalf of Fotomat Corporation, for approval of plans, eleva- tions and development schedule to allow construction of a photo sales kiosk to be located on property known as 851 East Hamilton Avenue in a P-D (Planned Development/Commercial) Zoning District. Chairman Lubeckis asked for the report of the Architectural Review Committee. Commissioner Pack reported that the committee met with the applicant and recommends approval in accordance with the staff recommendation. Mr. Kee advised that the staff recommends approval s~rbjec.t to the conditions outlined in the staff report. Chairman Lubeckis declared the public hearing open and asked if anyone wished to speak for or against the application. There being no one wishing to be treard, Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. Commissioner Hebard asked if this was proposed for location on a lot being occupied by a service station. Mr. Kee advised that it is a service station lot which is very large--over one acre in size. The applicant is proposing to use a small portion of the lot for the drive-in kiosk. - 7 - Commissioner Hebard stated that this is the first such kiosk presented for approval that is not in a shopping center. Chairman Lubeckis asked if this would be the standard type of Fotomat structure and if the landscaping and appearance will be the same as others in the area. Mr. Kee advised that it would and that in the staff's opinion there is sufficient room on the site for the kiosk. Mr. Powell presented the plans showing the proposed kiosk and advised that the existing curb cuts will remain the same. Commissioner Pack was of the opinion that the whole area will be improved by the proposed kiosk. Commissioner Pack asked if the applicant is aware that he has to apply for signs under another permit. Mr. Kee stated that he was aware of it and would apply for the same type of signs that are at two other locations in Campbell. RESOLUTION N0. 1538 AYES: Commissioners: NUES: ABSENT: Commissioner Campos moved that the Planning Commission adopt Resolution No. 1538 recommending that the City Council adopt an ordinance approving PD 76-10, application of hack Bloodworth on behalf of Fotomat Corporation, subject to the conditions recommended by staff, seconded by Commissioner Samuelson and adopted by the following roll call vote: Hebard, Campos, Dickson, Samuelson, Pack, Lubeckis Commissioners: None Commissioners: None G.P. 76-5 This is the time and place for Orford, Ruth E, public hearing to consider an amendment to the Land Use Element of the General Plan and/or Toning Map from Low Density Residential (R-1) to Low-Medium Density (R-M) for property located at 1330 and 1354 Hacienda Avenue, Campbell. Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee advised that Mr. Stafford would make the presentation. Mr. Stafford presented a map indicating the area under discussion and the areas proposed for consieration. The applicant is proposing - 8 - to atnend the Land Use Element of the General P~1an from "Low Density Residential" to "Low Medium Density Residential" for the subject property. The applicant is also proposing that this property be rezoned from R-1 to R-M. The property is slightly over one acre in size and presently has two single family residences. With the exception of the Rolling Hills Shopping Center to the north, the surrounding properties to the east, south and west are all predominately developed with single family residences. The area to the east and south is currently unincorporated. The area to the west og the subject property is currently in the City of Campbell. Mr. Stafford presented various exhibits showing the recommended General Plan, the existing General Plan, the existing zoning and the neighboring property owners in agreement with G. P. 76-5. Mr. Stafford advised that the applicant has submitted a statement signed by several property owners in the neighboring area indi- cating a desire to have their property included in such an amend- ment. It is the staff's opinion that the proposed amendment to low-medium density residential will be compatible if the Land Use Element for the other properties on the southerly side of Hacienda Avenue is subsequently amended to the same residential density. Mr. Stafford stated that if the Commission does follow the staff recommendation and does subsequently pursue the matter of amending the General Plan for the entire area, the staff has submitted three recommendations: 1. That the Planning Commission adopt a Resolution recommending an amendment to the Land Use Element of the General Plan from Low Density Residential to Low-Medium Density Residential. 2. That the Planning Commission adopt a Resolution recommending a change in Zoning for the subject property from R-1 to R-M. 3. That the Planning Commission set October 21 as ttie date of a public hearing to consider amending the General Plan and/or Zoning from Low Density Residential (R-1) to Low-Medium Density Residential (R-M) for the remaining properties on the southerly side of Hacienda Avenue between Burrows Road and Abbott Avenue. Mr. Stafford stated that the staff is recommending approval at this time because a significant number of property owners have indicated an interest in going to a higher density. Mr. Kee stated that one of the main reasons for the staff recommendation is the size of the lots, approximately 150' x 292', and the fact that there is commercial land use directly across the street from the subject property. On this basis, the staff felt the area was justified for a low-medium residential density recommendation. - 9 - Commissioner Hebard asked the number of units that would be permitted under R.-M zoning. Mr. Stafford stated that the code would allow a maximum of 13 units per gross acre. R-1 would allow less than six units per gross acre. Commissioner Hebard stated that the Commission has been asked. to consider one lot at this time and then it is recommended that the Commission consider the adjacent lots along the southerly line of Hacienda Avenue for a change in the General Plan, He asked the staff why it is being done this way. Mr. Kee advised that an application was filed for just the one lot. However, in the staff's opinion, the Commission should not look at just one iot--but should consider the. whole area and that is what the staff has recommended. The staff included in the recommendation that a public hearing be set to consider amending the General Plan from Low Density Residential to Low-Medium Density Residential for the remaining properties on the southerly side of Hacienda Avenue between Burrows Road and Abbott Avenue. If the General Plan is changed then the zoning would follow to make the General Plan and Zoning consistent as required by law. The first two staff recommendations could be continued and the Commission could adopt a resolution setting a public hearing to consider the other area. Commissioner Hebard stated that his concern was that in 1971 when the Commission held public hearings for possible amendments to the General Plan and Zoning in the San Tomas Area, the residents of the area indicated a desire to have the area remain low density. He stated that he would want to be sure that the higher density is what the neighborhood wants. Mr. Kee advised that there is an application before the Commission to hold a public hearing on the one lot and included in the staff comment sheet is the'recommendatioir that the remaining area be set for public hearing. The staff would have no objection to have the entire area considered at one time. However, the applicant is present and he may or may not be in agreement with a continuance. Chairman Lubeckis declared the public hearing open on G.P. 76-5 and asked if anyone in the audience wished to be heard. Mr. Herbert Orford, representing the applicant, stated that he had heard the discussion and was in agreement with the continuance. Commissioner Campos asked staff if the entire area was contacted. Mr, Kee advised that the area was posted, Mr. Orford stated that he had contacted everyone in the area and seven property owners indicated that they were in agreement with a change in the General Plan and two stated that they would like to have the zoning r.hanged. There being no one else present wishing to be heard, Commissioner Hebard moved that G.P. 76-5 be continued to the October 21 meeting, seconded by Commissioner - ]0 - Pack and unanimously adopted. RESOLUTION N0. 1539 AYES: Commissioners: NOES: Commissioners: Commissioner Hebard moved that the Commission adopt Resolution No. 1539 setting October 21, 1976 as the time for, public hearing to consider amend- ing the General Plan and/or Zoning from low density residential to Low-Medium Residential for the remaining properties on the southerly side of Hacienda Avenue between Burrows Road and Abbott Avenue, seconded by Commissioner Pack and adopted by the following roll call vote: Hebard, Campos, Dickson, Samuelson, Pack, Lubeckis None ABSENT: Commissioners: Nmne Commissioner Hebard requested that the posting of the area be done on a broad basis, and that there be an article in the newspaper advising of the public hearing. Chairman Lubeckis declared a recess at 8:30 p.m. Meeting reconvened at 8:40 p.m. G. P. 76-2-C This is the time and place for West Valley continued public hearing to College Site consider the future use of the West Valley College Site. P9r. Kee advised that the staff recommends continuance to the second meeting in November. The Campbell Union School District is still in the process of notifying other public agencies that the former Campbell Elementary School Site (West Valley College Site) is for sale. The staff has sent a letter to the administrative staff of the school district requesting that the Commission be advised of any change in ttie status of the sale of the property. Commissioner Hebard stated that the Council has asked all of the Commissions to give comments on the possible uses that might interest the City and whether or not the City might want to negotiate for the property. He was of the opinion that the Commission should advise the Council that the Planning Commission is in the public hearing process, and it might not be appropriate to make comments to the City Council until the public hearing has been concluded. h1r. Kee advised that staff could the fact that the Commission is i hearings and that the Commission the Council as to any suggestions made. The staff will prepare a m communicate to the City Council n the process of holding pub Li r., would like information from other Commissions might have emo for the Chairman's signature. - 11 - City Attorney Dempster advised that the wisest position for the Commission would be to not make any recommendations at this time. Commissioner Hebard moved that G.P. 762-C be continued to the second meeting in November, seconded by Commissioner Pack and unanimously adopted. MISCELLANEOUS Request of Mr. and Mrs. Mervyn White Request of Mr, and Mrs. Mervyn A, White for approval of plans to construct a second story addition on an existing residence located on property known as 850 Connie Drive in a R-1 (Single Family Residential) Zoning District. Chairman Lubeckis asked Mr. Kee for his comments. Mr. f<ee advised that the Planning Commission has the authority to reduce the setback requirement on existing single family residences to a minimum of five feet. It is the staff's opinion that the construction of the addition would 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 addition. The staff recommends approval. Commissioner Hebard moved that the Planning Commission approve the request of Mr. and Mrs. Mervyn White for approval of plans to construct a second-story addition on an existing residence at 850 Connie Drive, seconded by Commissioner Samuelson and unanimously adopted. T.S. 76-4 Continued tentative subdivision map- Lands of Maggio Lands of Maggio and Apodaco, Inc. and Apodaco, Inc. for approval of a land subdivision into ten lots on property located south of Hacienda Avenue and Shadle. Avenue in a R-1 (Single Family Residential) Zoning District. Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee stated that the staff recommends continuance to the next regular meeting in order that additional information can be gathered on the disposition of the adjoining landlocked parcels. The staff has talked to the applicant and he is in agreement with the recommendation of continuance. fie is in the process of talking to the property owners to the south to see if the_ problems can be resolved. -12- Commissioner Hebard moved that T.S. 76-4 be continued to the next regular meeting, seconded by Commissioner Samuelson and unanimously adopted. CAPITAL IMPROVEMENTS Community Development Task Force Recommendations Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee stated that this item was continued from the last two Commission meetings in order that the full Commission could make comments regarding the Community Development Task Force Recommen- dations. The Commission has made a recommendation with regard to the Capital Improvement Program and the minutes of the last two meetings reflect the comments of the Planning Commissioners present with regard to the Community Development Task Force Recommendations. Commissioner Pack stated that a study session has been scheduled by the City Council to discuss the recommendations of the Goals Committee and she was of the opinion that it would be worthwhile to wait for the study session on October 4. Commissioner Samuelson stated that he was absent at the previous meetings, but he would have no disagreement with the ten items before the Commission. Commissioner Hebard stated that he would oppose No. £3. He stated that he would not want to join in the recommendation that the Fire Station be preserved. If the public feels that it should be, that is fine, .but as an individual he could not support it. There being no further comments, Chairman Lubeckis directed staff to notify the Council of the Planning Commissioners' comments.. Resolution of Appreciation Resolution of Appreciation for Resolution No. 1540 Commissioner Stewart Commissioner Hebard moved that the Commission adopt Resolution No. 1540 expressing appreciation for service rendered to the Commission and Community by Commissioner Robert Stewart, seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Dickson, Samuelson, Pack, Lubeckis NOES: Commissioners: None ABSENT: Commissioners: None - 13 - Committee Appointments Mr. Kee advised that Commissioner Stewart formerly served as representative to the Planning Policy Committee and the Transit Subcommittee of the Commission. Also, the Vice Chairman of the Commission serves on the Architectural Review Committee for one year and the second Commissioner on the committee serves for six months. Commissioner Pack has served on the committee for some length of time over the six month period. Commissioner Pack stated that she would agree to stay on the Architectural and Site Review Committee until the new Chairman and Vice Chairman take office and unless one of the other Commissioners wished to be appointed to the Planning Policy Committee, she would serve on that committee. Chairman Lubeckis appointed Commissioner Pack to serve. on the Architectural and Site Review Committee and on the Planning Policy Committee. Mr. Kee advised that Vice Chairman Dickson is Chairman of the Transit Subcommittee and inasmuch as Commissioner Stewart was the other member, there is an opening on that subcommittee. Commissioner Hebard stated that he would serve on the Transit Subcommittee. Chairman Lubeckis appointed Carl Samuelson to serve as alternate on the Planning Policy Committee. Staff Report Commissioner Hebard moved that the Parking Study Parking Report be continued to the second meeting in October, seconded by Commissioner Samuelson and unani- mously adopted. Discussion Re Identification Mr. Kee reported that the staff had Cards for Planning inquired of some surrounding cities Commissioners as to their policy of furnishing cards for their Planning Commissioners. It was determined that Los Gatos, San Jose and Cupertino do furnish identification cards and this information could be passed on to the Council. Chairman Lubeckis was of the opinion that it would he most helpful to have some identification, particularly when attending conferences. After some discussion as to the merits of having identification cards for the Commissioners, Commissioner Dickson moved that the staff notify the Council that the Planning Commission requests that the City Council consider buying business cards for the Planning Commissioners, seconded by Commissioner Hebard and unanimously adopted. - 14 - "S" 75-8 Cha~.rmdn Lubeck.~s announced that Thamm, Robert this stem was continued to this time on the agenda when the applicant could be present. Application of Dr. Robert Thamm for reinstatement~of plans to construct a family education center to be located at 361 West Rincon Avenue in a Planned Develop- ment Zoning District. Mr. Kee advised that'the applicant was granted a use permit for a family education center and one of the conditions was site approval. On play 15, 1975, the applicant secured site and architectural approval for the center. However, the .one-year time limit expired and the applicant is requesting reinstatement of the previously approved plans. The policy of the Commission has been to grant the first extension if conditions in the area are the same. Commissioner Pack advised that the Architectural Review Committee reviewed the plans at the mneting and the comments that she has to make are her own personal corurner-ts . Commissioner Dickson would have comments to make also. Commissioner Pack stated that the plans look good as presented and she would have to approve the site plans; however, she did not necessarily agree with the use permit. City Attorney Dempster advised the Commission that the use permit is not before the Commission - the reinstatement of the plans to construct a family education center is before them and that is what they must address themselves to. He advised that the Commission should direct their discussion solely to the matter before them. Commissioner Hebard stated that it has been the policy of this Commission, and the one before, that when plans are approved and they come back for reconsideration of extension of time, the Commission generally gives a one-year extension unless there it something in that area that has changed. It would be contrary to the Commission's policy to not approve the reinstatement unless there is something in the area that has changed and Nould affect these plans. Commissioner Hebard moved that the plans for "S" 75-8 be reinstated for one year, seconded by Commissioner Samuelson and adopted by a 5-0-0.-1 vote, with Commissioner Dickson abstaining. League of California Mr. Kee advised that this item Cities Meeting is before the Commission as an informational item. 'I'lie Commission has the choice of attending this meeting or the Planning Commissioners' Institute which will be held in the early part of next year. He requested that the Commission advise staff at the earliest possible date if they intend to attend this meet inp . - 15 - Informational Item Report on proposed development of Ainsley Property the Ainsley Property in the City of San Jose. Mr. Kee reported that the Ainsley Property under consideration is between Leigh Avenue and Bascom Avenue on the north side of Hamilton Avenue and consists of approximately 80 acres. The City of Campbell has received a draft E.I.R. and the City departments are in the process of responding to that report. The development would be divided into three land uses - commercial, professional offices and high density residential. At the City Council meeting, the Council approved $1,500 to hire a consultant to analyze the traffic projections as stated in the draft E.I.R. and also to make any recommendations that he feels should be made in terms of traffic patterns. The proposal is in accord with the General Plan of San Jose. The streets, for the most part, are within the jurisdiction of Campbell. Bascom and Hamilton is one of the heaviest traveled intersections in the County, and the City of Campbell would have a great deal to say about the traffic coming from the development into the City of Campbell streets. Mr. Helms stated that the Council authorized the hiring of a consultant as they did not feel that the E.I.R. spoke to the issues and they wanted to do an independent study of traffic projections. Mr. Kee stated that this was an information item only and no action required by the Commission. Addendum T.S. 76-6 Lands of Kelly-Gordon Company Mr. Kee advised that this item is an addendum to the agenda as the Planning Commission on July l5, 197 recommended approval of ZC 76-4, which included plans, elevations and development schedule for a 33 unit single family development in a Planned Development Toning District. This zone change is scheduled before the City Council on September 27 and conditions L and M of the recommended approval provided that the applicant realign the transition to San Tomas Aquino Road and file and process a subdivision map. The applicant would like to have the subdivision map considered at the same time the Council considers the zone change. Commissioner Dickson questioned the cul-de-sac which would allow the development prior to the construction of Mona Way extension. Mr. Helms informed the Commission that the cul-de sac would he temporary until such time as Mona Way would be extended from Darryl Drive into the property. Commissioner Hebard moved that T.S. 76-F. he recommended for approval by the City Council, seconded by Commissioner Dickson. Commissioner Pack announced that she would abstain due to a possible conflict of interest. Motion adopted tiri~~nimously. Rules Regarding Conflict of Interest Commissioner Hebard stated that he had noticed in the newspaper that San Jose had recommended rules regarding conflict of interest and sent them on to the San Jose Council for approval. These rules would be in compliance with the State law. City Attorney Dempster stated that he was not aware of any conflict of interest rules pertaining to the Commission. However, the League of California Cities has advised that they are working on one for various departments, but that there is no deadline. }ie stated that he would check this matter out with regard to Planning Commissions. ADJOURNMENT Commissioner Dickson moved that the meeting be adjourned, seconded by Commissioner Samuelson and unani- mously adopted. The meeting was adjourned at 9:55 p.m. APPROVED: Oleg Line ~ ~.~ s , Chairmg-n~ ~~ ,r ~~,'' ,! r' f ~ , ~'' ATTEST : 2~ '~~.`, __ ___ __ _ r ~ A. ee, Secretary ~" j ,. / /. hyl~is~ Acker, Recorder - 17