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PC Min 09/02/1976PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA THURSDAY, 7:30 Y.M. MINUTES SEPTEMBER 2, 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. KOLL CALL Commissioners: Campos, Dickson, Pack, Present Chairman Lubeckis; Secretary Arthur A. Kee; Senior Planner Philip J. Stafford; City Attorney J. Robert Dempster; .Engineering Manager Bill Helms; Recorder Phyllis Acker. Absent Commissioners Hebard and Samuelson MINUTES Commissioner Pack corrected the minutes of August 19, 1976, page 14, to read: "Parking report to be continued to the September 16, 1976 meeting". Commissioner Pack moved that the August 19, 1976 minutes be approved as corrected, seconded by Commissioner Campos and unanimously adopted. COMMUNICATIONS 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, Norman Coleman for approval of plans to construct a four-unit apartrr.ent building on property known as 620 Gamma Court in a R-2-S (Multiple Family/Medium Density Residential) Zoning District. Commissioner Pack reported that the applicant was not present at the Architectural Review Committee meeting. The item was continued from the last meeting because the applicant was not present and the committee has some questions they would like to ask Mr. Coleman. Therefore, the committee recommends continuance to the next meeting. Commissioner Pack moved that "S" 76-21 be continued to the September 16 meeting, seconded by Commissioner Dickson and unanimously adopted. _ 1 "S" 76-24 Application of Mr. Sal Butera for approval Butera, Sal of plans to construct an office building on property known as 1136 East Eiamilton Avenue in a P-0 (Professional Office) Zoning District. Commissioner Pack reported that ttie Architectural Review Committee discussed the project with Mr. Butera anti recommends approval in accordance with the staff recommendation and subject to the conditions recommended by staff. Mr. Kee reported that the staff recommends approval. Commissioner Dickson moved that "S" 76--24 be approved subject to the following conditions: 1. Property to be fenced and landscaped as indicated and as added in "red" on plans. 2. Revised landscape plan indicating type of plant material, location of hose bibs or sprinkler system and type of fencing to be submitted for approval of the Planning Director at time of application for building permit. 3, Landscaping shall be maintained in accordance with the approved landscape plan. 4, Faithful performance bond in the amount of $3,000 to be posted to insure landscaping, fencing and striping of parking area within three (3) months of completion of construction, or applicant may file written agreement to complete landscaping, fencing and striping of parking area prior to final Building Department clearance. 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 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 Building Department. - 2 - E. Ordinance No. 782 of the Campbell Municipal Code stipulates that ~~ny contract for the collection and disposal of ref~ise, garbage, wet garbage, and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. F. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless 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 new driveway and wheelchair ramp. I. Owner to landscape and maintain area between sidewalk and property line. J. Pay storm drainage area fee of $170.00. The applicant is notified that he shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. Motion seconded by Commissioner Campos and unanimously adopted. "S" 76-26 Application of hir. George A. Chew, and Chew, George A. Denny's Lumber Mart, Inc., for approval Denny's Lumber of plans to construct a "roofed area" P9art, Inc. on property known as 52~+ Forman Drive in a M-1-S (Light ]'ndustrial) Toning District. Commissioner Pack reported that the Architectural P.eview Committee recommends approval subject to the conditions outlined in the staff report. The plans have 2>een marked in red for additional improve- ments and the applicant is in agreement. Chairman Lubeckis asked staff about the fencing along the northerly property line. Mr. Kee advised that the fencing problem has been resolved - the applicant proposes to fence all along the northerly side. - 3 Commissioner Campos asked if that would include the removal of the barbed wire. Mr. Kee advised that it will be relocated and out of sight. It will be placed lower on the owner's side of the property. It will not be visible from the street or other properties. Commissioner Pack moved for approval of "S" 76-26 subject to the following conditions: 1. Property to be fenced and landscaped as indicated and as added in "red" on plans. 2. Landscape plan indicating type of plant material, location of hose bibs or sprinkler system and type of fencing to be submitted for approval of the Planning Director at time of application for building permit. 3. Landscaping shall be maintained in accordance with the approved landscape plan. 4. Faithful performance bond in the amount of $2,000 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. The applicant is notified that he shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. Motion seconded by Commissioner Campos and unanimously adopted, PUBLIC HEARINGS V 76-4 This is the time and place for public Hood, John T. hearing to consider the application of Mr. and Mi•s. John T. Hood for a variance from Sections 21.48.010 and 21.60.030 (A) of the Campbell Municipal Code to allow the construction of a second--story addition to an existing residential structure located on property known as 350 Hedegard Avenue in a R-1 (Single Family Residential) Zoning District. Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee advised that the application is for a variance to allow the construction of a second story addition to an existing dwelling. The Planning Commission recently approved a text amendment that provides for consideration of a reduction in the side yard requirements for two-story additions to existing homes. This application is unique in that the existing single family home is non-conforming in that the side yard next to the - 4 - street is ten .feet in lieu of the required fifteen feet, The home was built prior to the adoption of the open space ordinance which required the fifteen feet. The second story addition would be on the street side and would not encroach on a neighbor's home. Staff is of the opinion that the request is justified and not precedent setting. Staff has based their recommendation on the three findings outlined in the staff report. Chairman Lubeckis declared the public hearing open and asked if anyone wished to speak for or against the requested variance. There being no one present wishing to be heard, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Campos and unanimously adopted. RESOLUTION N0. 1532 Commissioner Campos moved that Resolution No. 153?_ be adopted approving V 76-4, application of Mr. and Mrs. John T. Hood, based on the findings outlined in the staff report, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Campos, Dickson, Pack, Chairman Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Hebard and Samuelson UP 76-11 This is the time and place for continued Stellrecht, Karl W, public hearing to consider the application of Mr. Karl W. Stellrecht for a use permit and approval of plans to convert an exist- ing residence into an office building on property known as ?_265 South Winchester Boulevard in a C-2-S (General Commercial) Zoning District. Chairman Lubeckis asked Commissioner Pack for the report of the Architectural Review Committee. Commissioner Pack advised that the Architectural P,eview Committee met with the applicant and recommends approval subject to the conditions recommended by staff. The applicant has revised the plans to the satisfaction of the Architectural Review Committee. Mr. Kee stated that the staff recommends approval of the appli- cation and he submitted a letter from adjoining property owners expressing their approval of the project. (Letter read b_y the Kecording Secretary and is on file in the office of the Planning Department.) Mr. Kee advised that the plans have been revised to include a new six foot solid board fence along the westerly and northerly property lines and a portion of the southerly prope~~t_y line. There is no parking at the rear of the building. All the parking - 5 - is in the front. Commissioner Campos asked if the fencin conditions of approval. Mr. Kee advised that conditj.or- #2 would and would read; "Property to be fenced Gated and as added in gyred' on plans". Chairman Lubeckis stated that this is a and he asked if the applicant wished to g would be a part of the pertain to the fencing and landscaped as indi- continued public hearing be heard. Mr. Stellrecht, the applicant, came forward and Commissioner Pack asked him about the fencing along Mr. Paul's property and if he planned to build his fence adjacent to it so there would be continuity. Mr. Stellrecht advised that the fence along Mr. Paul's property line is a grape stake fence, and in his opinion, that is suffi- cient at this time. The fence he is proposing to change is along the back. Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Dickson and unanimously adopted. Commissioner Pack stated that she was not just sure where the fence was to begin and where it was to end. PTr. Kee advised that along the southerly property line the change is adjacent to a parking area. The main intent is to have a solid board fence adjacent to residential uses, which are along the northerly and westerly property lines. fie did not think that a solid board fence should be required along the southerly property line. If parking is ever proposed for the area to the rear, the applicant would have to come back to the Architectural Review Committee and the Planning Commission for approval. The grape stake fence that is existing along the southerly property line would prohibit people from walking through the property. RESOLUTION N0. 1533 Commissioner Pack moved that Resolution No. 1533 be adopted approving UP 76-11, application of Karl W. Stellrecht, subject to the conditions recommended by staff, seconded by Commissioner Campos and adopted by the following roll call vote: AYES: Commissioners: Campos, Dickson, Pack, Chairman Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Hebard and Samuelson PD 76-8 This is ttie time and place for public Kline, Richard E. hearing to consider the application of Richard E. Kline for approval of plans, elevations, and development schedule to allow construction of a fifteen-unit - 6 - apartment complex on property known as 66 and 80 West Kincon Avenue in a P-D (Planned Development Medium Density Residential) Toning District. Chairman Lubeckis asked Commissioner Pack for the report of the Architectural Review Committee. Commissioner Pack reported that the Architectural Review Committee met with the applicant and recommends approval subject to condi- tions recommended by staff, with a change in condition No. 1 to read: "The exterior of the proposed building shall be as marked in 'red' on the plans". The applicant is in agreement with the change in the condition. Mr. Kee advised that the staff is in agreement with the recommen-, dation of approval. Chairman Lubeckis declared the public hearing open and asked if anyone wished to speak for or against the application. There being no one present wishing to be heard, Commissioner Dickson moved that the public hearing, be closed, seconded by Commissioner pack and unanimously adopted. RESOLUTION N0. 1534 Commissioner Campos moved that Resolution No. 1534 be adopted recommending that the City Council adopt an ordinance approving PD 76-8, application of Richard E, Kline, subject to the conditions recommended by staff and the change in condition No. 1, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Campos, Dickson, Pack, Chairman Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Hebard and Samuelson PD 76-9 This is the time and place for public Fisher, Gorden C. hearing to consider the application of Mr. Gordon Craig Fisher for approval of plans to: (1) move a residential structure from 53 North 1st Street to 110 North 3rd Street and (2) to convert the present residence into an accessory "rumpus room" structure. The parcel located at 110 North 3rd Street is in a P-D (Planned Development% Low Density Residential) Zoning District. - 7 - Chairman Lubeckis asked for the report of the Architectural Review Committee. Commissioner Pack reported that the Architectural Review Committee met with the applicant's representative and he indicated that the applicant is in agreement with all conditions and the markings in "red" on the plans. Mr. Kee advised that the staff recommends approval subject to the conditions outlined in the staff report. Chairman Lubeckis declared the public hearing open and asked if anyone present wished to speak for or against the application. There being no one present wishing to be heard, Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1535 Commissioner Dickson moved that Resolution No. 1535 be adopted recommending that the City Council adopt an ordinance approving PD 76-9, application of Gordon Craig Fisher, subject to the conditions recommended by staff, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Campos, Dickson, Pack, Chairman Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Hebard and Samuelson ZC 76-5 This is the time and place for public Prezoning for hearing to consider prezoning of Lovell 76-1 properties proposed for annexation to the City of Campbell under proceedings known as Lovell 76-1 as R-1 (Single Family Residential). Said properties known as 1071 Hazel Avenue and 1037 Hazelwood Avenue. Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee advised that this area is presently being annexed to the City of Campbell. The area consists of four parcels, the largest parcel of 2.99 acres, gross, fronts onto Hazel Avenue and is presently vacant., The parcel fronting onto Hazelwood has a single family residential structure on it and the two northerly parcels are part of the San Tomas Creek and belong to the Santa Clara Valley Water District. The Land Use Element of the General Plan reflects this area as single family residential and public, semi-public. The surrounding - 8 - area is shown as K-1 and Public Facilities, or the County equivalent. The prezoning would precede the actual annexation. The prezoning will go on to the City Council and if the City Council adopts the prezoning, the annexation will follow. Low density residential is being recommended f.or the area. Chairnan Lubeckis declared the public hearing open and asked if anyone in the audience wished to be heard. Mr. Don Kose, 1095 Hazelwood Avenue, stated that most of the people in the area are retired, living on a limited income and they do not wish to come into the City. He advised that he was speaking for those people in 'the audience. Chairman Lubeckis advised that this public hearing is for the prezoning of properties to be annexed to the City. 7'h is is not a public hearing to consider annexation. }4r. Kee presented a map showing the area proposed for annexation, and advised the people in the audience that there is no other area being considered for prezoning or annexation. Mr. Kee advised that it is the right of surrounding property owners to object to the prezoning. However, it is also the right of the property owner to request annexation to the City and to request a land use in accord with the properties to the east, west and south. The zoning in the County is the same kind of zoning being proposed in the prezoning, which is 12-1, single family residential. The land to the east, west, and south is K-1 and that is what is being proposed for the properties at 1071 Hazel Avenue and 1037 Hazelwood Avenue. ' Commissioner Dickson asked that Mr. Kee point out on the map the areas~n the County. He asked if the areas in the County are zoned similarly to the City's K-l. }~lr. Kee replied that they are zoned K-1, low density residential. Commissioner Pack asked Mr. Kee, for clarification purposes, to explain what prezoning means. Mr. Kee stated that the purpose of prezoning is to apply zoning on property proposed to be annexed to the City. The property has been reviewed by the Local Agency Formation Commission and the property owners have the right to apply for annexation. The area is shown on the General Plan as low density .residential, K-1 zoning. In order to make the zoning effective, action must be taken by the City Council to annex the property. That action has not taken place. The City Council would consider the recommendation of the Planning Commission and then they would take action on the annexation. The prezoning as recommended is in accord with the General Plan. - 9 - Commissioner Campos asked Mr. Kee to explain to the members of the audience what takes place in the mechanics of an annexation. Mr. Kee explained in detail the process followed in annexing to the City. A member of the audience living at 1147 Hazael Avenue stated that recently a large apartment complex was constructed in the area, which has increased the traffic. The people in the area have to put up with the added noise and the street is not big enough to handle the traffic. He was in agreement that a park would be __ terrific. There are too many people living there now since the 100 unit apartment was built. Mr. Kee stated, that for the record, parcel #47 is 2.99 acres, which is less than three acres. The General Plan for this City states that there has to be less than six units per acre and 3 x 6 = 18. He stated that he was relying on the County Assessor's Map, which has been presented on the screen for review by the Commission and members of the audience. Mr. Rose stated that he was told there could be 21 units on the property. He stated that they would like to have the rural atmosphere preserved in the area. Commissioner Dickson asked the members of the audience what they envisioned going in there. The members of the audience responded "a park". Mr. Kee again advised that this hearing was not for the purpose of an annexation but for prezoning--to determine whether or not the area should be prezoned single family residential. That is all that is before the Commission. t9r. Rose asked that the Commission take into consideration the wants of the people. Mr. Dickson advised the audience that the City Council has asked that the Planning Commission hold a public hearing to determine the zoning that would be placed on the subject property if it were annexed. If the people present have some concerns about the annexation they should attend the City Council meeting when the annexation comes before them. He stated that the surrounding area is all zoned R-1, and that is the zoning that should be placed on the property proposed for annexation. t9r. Scott, 1030 Hazelwood Avenue, stated there is County area on both sides of the property being annexed, and he asked what would happen to the area if the City allows six units per acre. Mr. Kee advised that the General Plan allows a maximum of less than six units per acre. However, he did not indicate in his earlier remarks that they could get six units. The subdivision will have to be processed through the Commission to determine the - 10 - number o#' units that the applicant can get on the property per acre. The entire area is low density, including the County area. Ttie County also indicates low density for the County area. It is up to the Local Agency Formation Commission to determine if this is an appropriate annexation. The annexation is not before the Commission. The prezoning is before the Commission to determine whether it is appropriate to prezone the property R-l, R-2, R-3 or some other zoning. Mrs. Scott stated that as a homeowner he did not want to see the annexation passed. He did not want to see the property turned into City residential lots. Most of the lots in the area are 1/3 or 1/4 acre lots and he would like to see it stay uniform. He requested that the lots be kept the same size as those in the area. Chairman Lubeckis advised the members of the audience that the Planning Commission is considering prezoning-not the annexation. The landowner has requested annexation, and there is no way that the City can forbid him to request annexation. The General Plan indicates low density and that is what the applicant has requested. Commissioner Dickson explained that R-1 is the lowest density zoning that the City has. The R-1 spells out the maximum units that can be placed on an acre, and the time for the people in the area to request something different is when a developer comes in with a plan. Mr. Scott again stated that he would like the area developed to be uniform with the area. Chairman Lubeckis advised that the Commission's recommendation would go to the City Council. Mr. Kee stated that at the time the annexation is before the Council that is when the people should express their wishes. He informed the members of the audience to contact the City Clerk to determine when it would be before the Council. Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Campos and unanimously adopted.. RESOLUTION N0. 1536 Commissioner Campos moved that the Planning Commission adopt Resolution No. 1536 recommending that the City Council adopt an ordinance approving ZC 76--5, Prezoning for Lovell 1976--1 as R-1~ seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Campos, Dickson, Pack, Chairman Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Hebard and Samuelson - 11 - Chairman Lubeckis declared a recess at 8:55 p.m. Meeting; reconvened at 9:00 p.m. IC 76-6 This is the time and place for public Prezoning for hearing to consider prezoning of Quito 76-2 properties proposed for annexation to the City of Campbell under proceedings known as Quito 76-2 as R-1 (Single Family Residential). Said properties known as 1609 and 1631 Hacienda Avenue and 1148, 1158, 1170, 1186, 1228 and 1240 Harriet Avenue. Chairman Lubeckis asked Mr. Kee for his comments. P9r. Kee advised there are ten parcels in the proposed annexation and they all have single family residential structures on them at this time. The Land Use Element of the General Plan reflects this area as single family residential. The surrounding area is all zoned R-1, or the County equivalent. The staff recommends that the Planning Commission adopt a resolution recommending that this area be prezoned R-1 (Single family residential). Chairman Lubeckis declared the public hearing open and asked if the Commission members or members of the audience wished to comment. There being no one wishing to be heard, Commissioner Pack moved that the public hearing be• closed, seconded by Commissioner Campos and unanimously adopted. RESOLUTION N0. 1537 Commissioner Campos moved that the Planning Commission adopt Resolution No. 1537 recommending that the City Council adopt an ordinance approving ZC 76-6, Prezoning for Quito 76-2 as R-1 seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Campos, Dickson, Pack, Chairman Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Hebard and Samuelson MISCELLAtJEOUS T.S. 76-3 Tentative Subdivision Map - Lands of Lands of James Day James Day for approval of a thirteen unit townhouse development on property north of Pollard Road and east of Abbott Avenue in a P-D (Planned Develop- ment/Low Density Residential) Zoning District - ., Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee advised that the applicant is proposing a subdivision of 2.33 acres of land into thirteen townhouse lots and one lot for common ownership. A zone change and planned development approval has been granted by the Planning Commission and City Council for the townhouse development with a condition that a subdivision map be filed and approved by the City. This proposal is in accord with the General Plan and the Planned development approval that exists on the property. Commissioner Dickson stated that the map is in accord with what was presented at the time the PD was approved. Commissioner Pack moved that the Planning Commission recommend approval of T.S. 76--3, Lands of James Day, to the City Council, seconded by Commissioner Campos and unanimously adopted. T.5. 76-4 Tentative Subdivision Map - Lands of Lands of Maggio Maggio and Apodaco, Inc. for approval and Apodaco, Inc. 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 advised that the applicant is proposing a subdivision of 2.06 acres of land into ten single family lots. The present zoning is R-1 and the area•is indicated for low-density on the General Plan (less than six units per acre). The staff is concerned about the access to the parcels to the south. Several of the property owners to the south have dedicated property for the continuation of a street from Steinway to Hacienda Avenue. The proposed map does not provide for the extension of a street to Steinway. It is the staff's opinion that the circulation of the immediate area should be resolved and staff is recommending a continuance to the next regular meeting in order that street alignment and the future disposition of the existing structures on the property may be resolved. Chairman Lubeckis asked if the applicant was present. Mr. Bob McBain, 100 West Rincon Avenue, representing the applicants, stated that they were not aware when they filed this map that there were any problems with the property to the south. He asked if the dedication was made with the intention that-the street go north or the street go south. He questioned the access that exists. Chairman Lubeckis asked Mr. McBain if he had contacted the property owners to the south. - 13 - Mr. McBain stated that he did not know about the dedication. Mr. Kee suggested that a continuance be granted so the questions involving the dedication and access could be worked out. Commissioner Campos moved that T.S. 76-4 be continued to the next regular meeting, seconded by Commissioner Pack and unanimously adopted. T.S. '16-5 Tentative Subdivision Map - Lands of Lands of Dura Dura Style Homes, Inc., for approval of Style Homes,'Inc. a ten unit residential development on property located north of East Hamilton Avenue, east of the approach to Highway 17 and west of the Southern Pacific Railroad right-of-way, in a P-D (Planned Development/Low-Medium Density Residential) Zoning District. Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee advised that the staff recommends approval of the tentative map subject to the conditions outlined in the staff report. The applicant is proposing a subdivision of 2.5 acres of land into ten single family lots. Planned Development has been pranted.by the Planning Commission and the City Council for this development with a condition that a subdivision map he filed with the City. This map conforms to the Planned Development approval. There being no questions, Commissioner Dickson moved that T.S. 76-5 be approved subject to the following conditions: 1. Installation of a sanitary sewerage system to serve all lots within the subdivision in conformance with the proposed plans of the City of San Jose. Sanitary sewerage service to be provided by said City of San Jose per the reciprocal agreement with Sanitation District No. 4. 2. Installation of a water distribution system to serve all lots within the subdivision in conformance with the plans of the San Jose Water Works. Water service to be provided by said San Jose Water Works. 3. Public utility and/or public service easements as may be necessary for the installations of any and all public utilities and/or facilities shall be granted by the Subdivider. Subdivider to comply with the requirements of the Santa Clara Valley Water District with regard to restrictions, improvements, or landscaping within the Districts 50 foot easement. 4. Compliance with the provisions of Title 20, Subdivisions, of the Campbell Municipal Code. 5. Subdivider to enter into agreement with the City to provide for installation and/or construction of street improvements throughout frontages within subdivision and the portion of Hamilton Avenue along the southerly boundary of the subdivision. - 14 - 6. Subdivider to provide and improve an access for emergency vehicles from Hamilton Avenue into the subdivision, as noted in said agreement. 7. Subdivider to pay plan examination and construction inspection fees, as noted in said agreement. 8. Subdivider to post Faithful Performance Bond, as noted in said agreement. 9. Subdivider to pay storm drainage area fee. (Sl~o.oo x to = Sl,~oo.oo) 10. Subdivider to furnish copy of Preliminary Title Report. Motion seconded by Commissioner Pack and unanimously adopted. PD 76-3 Referral from the City Council to Sims, Alan review revised plans, on the application of Alan Sims to convert a residential building into a restaurant and to expand the existing building which is located on property known as 866 East Campbell Avenue in a P-D (Planned Development/ Commercial) Zoning District. Chairman Lubeckis asked Mr. Kee for his comments. Mr, Kee advised that this item was referred back from the City Council in order that the applicant could submit revised plans which clearly indicate the nature and extent of the proposed development. The Architectural Advisor has reviewed the revised plans and has indicated that these plans resolve his previous concerns about exterior maintenance and condition of. the buildings. The Council has referred the item back to the Commission for comment on the revised plans and also to consider guidelines for conversions of residential buildings in the PD zoning district. Staff recommends approval of the plans subject to the conditions outlined in the staff- report. Also, staff recommends that the same guidelines for conversions of residential structures in the P-0 zone and commercial zones to professional office buildings be followed for conversions of residential buildings to commercial uses, with the exception that the section pertaining to exterior appearance of building be deleted. Commissioner Campos asked Mr. Kee about the letter that was received by the Commission from property owners on Michael Drive. Mr. Kee advised that the property owners along Michael Drive object to the access from Mr. Sim's property southerly to Michael Drive and the Architectural Review Committee has a recommendation regarding this letter. - 15 Commissioner Pack reported that the Architectural Review Committee met with the applicant and each member of the committee will make his own t~ecommendations. She stated that some red markings have been added to the plans indicating that some wording be changed to definitely specify that all exterior walls be painted. The letter from the property owners on Michael Drive was considered, and it was her opinion that the circulation pattern should be re-routed and the traffic circulation be worked out with the Traffic Engineer to eliminate traffic from exiting from Mr. Sim's development to Michael Drive. The recommen- dation for conversions of residential buildings to commercial uses should follow th'e same guidelines for conversions in the P-0 zone with the elimination of the section pertaining to exterior appearance of the buildings. She added that the motion to amend the code concerning conversions should include the PD~Zone as well as all commercial zones. Commissioner Dickson stated that his concern is that the PD Zoning District was meant to allow beneficial things to be done in an area that would not allow the benefit if developed under existing zoning regulations. He believed that the proper way would be to first consider a text amendment to allow the conversion of residential buildings to commercial uses, and if the text amendment is approved by the City Council then consider this application. He was of the opinion that the applicant is using the PD to do something that would not be allowed in a commercial zone and he had very strong feelings against it. He added that it has been a long-standing policy of the Planning Commission and Council to not mix residential and commercial traffic patterns and if the application is approved some other circulation pattern should be approved to keep the customers from exiting onto Michael Drive. Commissioner Campos stated that, in his opinion, it would still be a conversion. Mr. Kee stated that at the City Council meeting, the staff presented the Planning Commission's recommendation which was that the plans did not clearly demonstrate that the development would be more than what could be accomplished in another zoning district. The City Council referred the plans back to the Planning Commission requesting that the applicant indicate on the plans what is necessary in order to have the plans acceptable. The plans have been modified, The second thing the City Council asked for was that the Planning Commission recommend guidelines for conversions of residences in the PD Zoning District. City Attorney Dempster advised the Commission that two motions are required - to either approve or disapprove the plans and to set a public hearing to consider conversions of residential buildings in the PD and commercial zones. - 16 - Commissioner Pack moved that the plans be sent to the City Council for approval with the added words in "red" on the plans and wi-th the consideration of the driveway and traffic circulation being relocated and also that conversions follow guidelines already specified in the zoning ordinance. Motion dies for lack of a second. Commissioner Campos was of the opinion that the Commission should set a public hearing to consider a text amendment for conversions of residential buildings before taking any other action. Mr. Dempster advised the Commission that they must make a motion addressing the application. Commissioner Dickson moved that the revised plans as submitted be denied for PD 76-3, seconded by Commissioner Campos. AYES: Commissioners: Campos, Dickson, Lubeckis NOES: Commissioners: Pack ABSENT: Commissioners: Hebard and Samuelson Motion fails. Commissioner Pack stated that she voted "no" because she could not see anything wrong with the plans. They have been revised to meet code requirements and the Building Department specifica- tions. Except for the traffic circulation the plans were acceptable. Commissioner Dickson stated the reason he made the motion denying the plans was that he does not feel that it is proper to use the PD Zoning District as the mechanism for converting residential buildings to commercial uses. However, he believed that the plans, as revised, were satisfactory, Commissioner Campos stated that his reasons for voting "Aye" were basically the same as Commissioner Dickson's. In his opinion, even with the attached conditions, this would still be a conversion. Chairman Lubeckis stated that he would like to see a text amendment. He thought that approval of this application would set a precedent and he would prefer to have the full Commission present to express their opinion. In his opinion, these revised plans were basically the same plans presented earlier. Mr. Kee advised that the Council has requested that the Commission consider the revised plans and indicate if they are acceptable, or what would make this acceptable, and also that the criteria for guidelines for conversions of residential buildings to commercial uses be forwarded to the City Council. Mr. Dempster suggested that the Commission ask the applicant if he wanted a continuance. - 17 - Mr. Sims stated that his use permit runs put in December and if he is delayed further, he is going to lose his tenant. He stated that he would prefer to have the 4-1 vote and get the application back to the Council. Commissioner Dickson moved that the Commission's comments on the motions be forwarded to the City Council; that is, to advise them that two motions have been made, one dying for lack of a second and one dying for lack of a majority vote. Motion seconded by Commissioner Pack and unanimously adopted. Commissioner Dickson moved that the staff set a public hearing to consider a text amendment to allow conversions of residential structures into commercial uses, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Campos, Dickson, Pack, Chairman Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Hebard and Samuelson Staff Report Staff report on the 236 Federally ~ San Tomas Garden subsidized housing project located Apartments at 825 South San Tomas Aquino Road in a R~2-S Zoning District. Mr. Kee reported that the staff inspected the apartment project on August 26, 1976. It was observed that the owners are continuing to repaint the buildings and that the landscaping and fencing are being well maintained. ' Commissioner Dickson stated that he has driven through the project and he has noticed that it is starting to deteriorate again. One portion of the fence along Elam Avenue has not been replaced. Mr. Kee advised that staff would check it out and report back to the Commission. Commissioner Dickson requested that the manager of the apartment complex be notified. Capital lmprovements Community Development Task Force Mr. Kee advised that this item was continued from the meeting of August 19 in order that the full Commission could make comments regarding the Community Development Task Force Recommendations. Commissioner Dickson moeved that Community Development Task Force Recommendations be continued to the next regular meeting, seconded by Commissioner Pack and unanimously adopted. - 18 - Resolution of Appreciation Resolution of apprciation for Commissioner Robert A. Stewart. Commissioner Dickson moved that this item be continued to the next regular meeting, seconded by Commissioner Pack and unanimously adopted. Committee Appointments Mr. Kee advised that this item was also continued to this meeting in order that the full Commission might be present. Commissioner Dickson moved that this item be continued to the next regular meeting, seconded by Commissioner Pack and unanimously adopted. ADJOURNMENT Commissioner Dickson moved that the meeting be adjourned, seconded by Commissioner Campos and unanimously adopted. The meeting was adjourned at 10:15 p.m. APPROVED: _ 01eg L e is, Chairm ,~% 1 '~''' .~ ~ , ;;~ j .. _. %~ , ATTEST: " _ Art ur A. Kee, Secretary ~ / ~;~ - /? RECORDED : _~ __~,~ ~_%~' L-L'~.~,~-~~/_Y+ PlSylli~Acker, Recorder - 19 -