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PC Min 08/05/1976PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA THURSDAY, 7:30 P.M. MINUTES AUGUST 5, 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, Dickson, Samuelson, Present Lubeckis; Secretary Arthur A. Kee; Senior Planner Philip J. Stafford; Acting City Attorney D4r. Muhlfelder;-Acting Director of Public Works Bill Helms; Recorder Phyllis Acker Absent Commissioners: Campos, Pack MINUTES Commissioner Dickson moved that the minutes of the July 15, 1976 meeting . be approved as received, seconded by Commissioner Samuelson and unanimously adopted. COD~tUNICATIONS Mr. Kee reported that the communications - received relate to specific items on the agenda. PUBLIC HEARINGS V 76-2 This is the time and place for public hearing Kirkorian, Kent to consider the application of Kent Kirkorian for a variance (1) to reduce .the on-site landscaping requirement along the street property line from ten feet to five feet as required by Section 21.28,060(b); (2) remove the requirement for a six foot masonry wall along the rear property line as required by a~ Section 21.27.060(c) of the Campbell riunici- -pal Code for property known as 3293, 3303, and 3369 South Winchester Boulevard, . Campbell, in a C-li (Highway Commercial) Zoning District.. Chairman Lubeckis asked bir. Kee for his comments. Mr. Kee advised that the proposal is for development of a lot just to the north of an existing automotive service center. The appli- cant is requesting a variance to allow a five foot landscape strip instead of a ten foot strip. as required in the C-H Zone. This variance would allow a landscaped area which would be identical to the landscaping previously approved on the adjoining parcel to the south. The applicant is also requesting a variance from the requirements of previously approved plans ("S" 73-4 and "S" 76-I8) which called. for a six foot high masonry wall along the rear property line at 3303 South Winchester Boulevard. The existing structure has a twenty foot high solid rear wall. The staff is recommending approval of the requested variances for the following reasons: 1. The variance would provide .for a site layout that would be compatible with the property to the south which received the same variance for development in 1973. Z, This property is to be joined with the property to the south by a parcel map. 3. Denial of the variance would result in a five foot off-set in the parking layout of the existing automotive center and also an offset to the approved landscape strip to the south. Commissioner Hebard asked if these requests are identical to the variances approved on the present development. Mr. Kee advised that the Bode was amended after the development went in to allow placement of the building on the rear property line subject to site approval on the one lot. Chairman Lubeckis declared the public hearing open and asked if anyone wished to speak for or against the application. rir. Kent kirkorian, applicant, stated that he had nothing further to add to Mr. Kee's comments. Commissioner Hebard moved that the public hearing be closed, seconded by Commissioner Samuelson and unanimously adopted. RESOLUTION N0. 1527 Commissioner Samuelson moved that the . Planning Commission adopt Resolution No. 15T7.'approving V 76-2 based on the findings outlined by staff, seconded by Commissioner Hebard. Commissioner Dickson stated that the Commission should determine that the requested variances are in agreement with the check list for granting variances. He stated that this is not a self-imposed Hardship and the two variances which are being requested are due to unusual circumstances and these findings should be made, toget- her with the reasons for approving the variances as stated by staff. Commissioner Samuelson amended his motion to include the findings .stated by Commissioner Dickson, seconded by Commissioner Hebard, and adopted by the following roll call vote; . ~ e AYES:. Commissioners: Hebard, Dickson, Samuelson, Lubeckis, NOES: Commissioners: None ABSENT: Commissioners: Campos, Pack UP 76-10 T1}is is the time and place for public Segura, Dick hearing to consider the application of John's Fish Dick Segura, and John's Fish and Poultry, and Poultry for a use permit to allow the construction of a coin-operated ice machine on property known as 67 North San Tomas Aquino Road in a C-1-S (Neighborhood Commercial) Zoning District. Chairman Lubeckis asked bir. Kee for his comments . Mr. Kee stated that the staff, as well as the Architectural Advisor, are of the opinion that the impact of this structure on the property would not be significant. The ice machine will be screened from the surrounding streets and staff recommends approval subject to the condition that the wheels of the trailer shall be removed and the base to be skirted in a manner approved by the Planning Director.. Commissioner Hebard asked where the ice machine is to be installed. Mr. Kee advised that there are a number of businesses that front ..out to San Tomas Aquino Road and this structure would be behind the building. Commissioner Hebard asked if this plan has been reviewed by the - Building and Fire Departments. .- . Mr. Kee advised that the plans have been reviewed by them and they are in agreement with the staff recommendation. 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 Samuelson moved that the public lxearing be closed, seconded by Commissioner Dickson and unanimously adopted. Commissioner fiebard asked if the applicant is in agreement with the condition recommended by staff. Mr. Kee stated that as far as he knew the applicant was in agreement. However, the staff would still recommend approval subject to the one condition. RESOLUTION N0. 1528 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 152'g.approving UP 76-10 subject to the condition that the wheels of the trailer shall be removed and the base to be skirted in a manner approved by the .Planning Director. .~ 3 . b4otion seconded by Commissioner Samuelson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Dickson, Samuelson, Lubeckis NOES: Commissioners: None ABSENT: Commissioners:. Campos, Pack m PD 76-6 This is the time and place for public Mary-Lyle Rempel hearing to consider the application of West Valley Open Mary-Lyle Rempel, and West Valley Open Doors Doors, for approval of~plans, elevations and development schedule to allow con- struction of a fourteen unit apartment complex for the elderly and low-income families, to be located on property known as 573 West Latimer Avenue in a Planned Developed (High Density Residential) Zoning District. Chairman Lubeckis asked for the report of the Architectural Review Committee. Commissioner Dickson advised that the committee met with the applicant's architect and reviewed the site layout and landscap- ing of the project and recommends approval subject to the con- ditions outlined by staff. There was some discussion about an added condition that would require the owner of the facility to make an annual report on the status of the development, in particular the maintenance. Mr. Kee presented a rendering of the proposed development which will consist of two, two story apartment buildings, a one-story laundry and community room and two carport/bikeport structures. Staff and the Architectural Advisor have recommended that a solid masonry or concrete block wall be constructed along the westerly property line. Staff has taken the position that this development meets all the criteria for a standard apartment development. The proposed density is less than that indicated on the General Plan. The buildings would cover about 29~ of the lot area. He,"presented a site plan indicating the parking, landscaping, and play areas for children. This proposed project meets the requirements of the zoning code for an apartment complex not intended for use by low-income families and the elderly. Commissioner Hebard asked if this was a H.U.D. project. Mr. Kee stated that it was not--the applicant is the West Valley Open Doors. - 4 - Commissioner Hebard asked if the plans had been reviewed by Mr. Burns of the County Housing Authority. Mr. Kee stated that not to his knowledge. However, the project is well within the range of the Housing Element of the General Plan which is also before the Commission for approval, and the Housing Assistance Plan which has been approved by the Planning Commission and the City Council. Mr. Kee stated that during a conversation with Mr. Burns he had indicated that in terms of the number of units he could not comment on the appearance of the development and he indicated that as far as Campbell and its housing needs were concerned, almost any housing project proposed would be supported by his organization. He stated that the plans could be referred to Mr. Burns.- Mr. Kee advised that the only information the staff has is that it is not a part of the County Housing Authority--it is a private organization proposing the development. Chairman Lubeckis declared the public hearing open and asked if anyone wished to speak for or against the development. Mr. Frank Rosa, 401 Queens Court, stated he would have some questions regarding the maintenance of the project and the type of low-income families that would be housed--would they be on welfare or single parent families with lots of children? Chairman Lubeckis asked if the applicant wished to answer. 'ivir, John A~ichaelsen, 120 Adrienne Place, Los Gatos, representing .West Valley Open Doors, stated that they are a group of interested persons who have formed the West Valley Open Doors to provide housing for the low and moderate income families who work in the area and are unable to find adequate housing. West Valley Open Doors is a non-profit organization--a group having its roots in the West Valley. They are not planning on putti~ig up a project with someone in charge and then leaving the project.. This is their first housing project and are. in hopes that it can be a pilot project. Mr. Lowe, representing West Valley Open Doors, stated that the plans have been reviewed by Air. Burns--not officially, but he is aware of what they are trying to do. To answer the question -- what types of persons would be classified low-income families ? That would depend on the median income of families in the County. Mr. Lowe stated that they would like to have a good record with this project so they can progress on to other projects for both the senior citizens and the low income families. They .propose to have one tenant paid to take care of the maintenance. He stated that the organization would have no trouble in meeting the requirement of an annual report on the status of the manage- went and maintenance. 5 - ;~; Commissioner Hebard stated that the fact that it is for low-income families and the elderly is not really an issue at this time; the Commission only wants the project presented as it is intended to be. The City of Campbell, the City Council, the Planning Commission and the Civic Improvement Commission, have taken a keen interest in trying to make sure that any type of project is going to do well in Campbell and a lot .of attention has been drawn to the subsidized housing. The Commission wants to make sure that whatever is approved is going to work. There have been some problems with one project in the City that is a H.U.D. subsidized project and the Commission, City Council and Fire Department have been involved in trying to resolve the problems. .The management of the project is one of the most important things. Each neighbor- hood is concerned for its welfare and the City Council and the Planning Commission have been looking out for each neighborhood's interest and not deliberately trying to find ways to exclude pro- jects such as this. Mr. Kee stated that condition #7 could be added to read: A pro- gram of maintenance and management shall be approved by the Planning Commission. This condition would become a part of the ordinance. IIe further advised that if the applicant had not been straight forward and had applied fo.r a regular apartment complex that is what would have .been. considered. •The project meets the code requirements for apartment development. The. code does not speak to the subject of when a low income family can live in a unit, or cannot. This is a very straight forward application and has been reviewed by all departments. A gentleman in the audience asked how many units would be assigned to the elderly. bir. Lowe advised that there would be six one-bedroom units for the elderly. Dir. Judd Ingram, 544 West .Latimer Avenue, stated that he works in the field of the aging and he asked if this development is going to be a part of the 200 housing units for the elderly just approved and is there any assurance that these units will be saved for the elderly. Mr. Kee stated that the PD zone does provide for specifying what the uses are to be for each unit. The controls will be made a part of the ordinance for the project. Commissioner Iiebard stated that this project does not have anything to do with the 200 units voted at the last election--this is a private project. Mr. Asfour, 567 Latimer Avenue, stated that he once. lived in a townhouse complex similar to this. Ile stated that they need more assurance regarding the management and maintenance rather than just a tenant being designated to take care of the place. 6 - Mr. 'Kee stated that is a problem that exists in any apartment project in the City. This could be a standard apartment complex and have the same problem. Fie advised that a condition could be made part of the ordinance. to insure the management and maintenance -; of the project. Mr. Roger Lewis, 266 Llewellyn Avenue, stated that he opposed the project because of the fact that. West Valley Open Doors is not a proven authority in this field and they do not have the money to • get into this type of project. lie stated that he would oppose it whether it is low income housing or not. He asked what would happen if West Valley Open Doors disbanded. Mr. Lowe stated that he could not answer that question because they have no intention of disbanding. Mr. Kee advised that if the ownership of the project changed, the new owners would still be bound by the ordinance which was approved. If any changes are proposed there would have to be public hearings before the Planning Commission and City Council. The PD does give some flexibility of adding conditions and the authority of enforce- ment that is not available with a site approval. Cynthia Barone, 577 Latimer Avenue, stated that she lives in Campbell Greens directly opposite this property, and the area is already congested.. - ~ Mr. Kee stated that there would be less traffic generated with this type of development due to the units reserved for the elderly. If this were a standard development a maximum of twenty units rather than fourteen could be constructed, and he was of the opinion there would be less traffic than if it were a standard apartment develop- ment.. The code requires 1 1/2 spaces per living unit and that has been provided. According to other cities, substantially less than 1 1/2 spaces per unit are required for the elderly. There are more spaces provided on this site than required by the code. Mr. Dave Warren, architect for the project, stated that they have provided sufficient parking, plus bicycle storage and screening will be provided for the individual units. There will be a super- - Wised child play area to keep the. children away from the street. Commissioner Fieliard moved that the public hearing be closed, ~~ seconded by Commissioner Dickson and unanimously adopted. Commissioner Hebard stated that this project is considerably smaller than allowed by the code and he was of the opinion that it would be a benefit to accept a project of this type that will create lesser traffic. lie requested that the County FIousing Authority review the plans before the application goes to the City Council, if it is approved by the Commission , and also to get the County Housing Authority in on the approval of the maintenance and management agreement. He requested that the application also. be referred to the Civic Improvement. Commission prior to the Council public hearing. ,.. „ 7 . Commissioner Dickson stated that he would feel better about. the project if this weren't the first project of the West Valley Open Doors and also if some of the persons involved were from Campbell rather than from Los Gatos and Saratoga. He was of the opinion that the architectural design was good.. He stated that he would like to have the added. condition pertaining to manage- ment and maintenance just as strong as possible. Commissioner Samuelson stated that'he had the same concerns that he has heard tonight, but if the precautions are taken and the condition is added to the ordinance, he would be in favor of the development. RESOLUTION N0. 152 Commissioner Hebard moved that the Planning Commission adopt Resolution No. 1529 recommending that the City Council adopt an ordinance approving. PD 76-6 subject to the conditions recommended by staff and the addition of condition #7 as outlined by the Planning Director, and that the appli- cation be reviewed by the County Housing Authority and the Civic Improvement Commission between now and the time it gets to the City Council. Motion seconded by Commissioner Dickson and adopted by the following roll call vote: AYES: Commissioners: Hebard, Dickson, Samuelson, Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Campos and Pack Commissioner Dickson. asked that the staff prepare a report on the Campbell Greens and other apartment developments to determine if something should be done about changing the parking requirements for apartment complexes. Mr. Kee stated that the staff would bring a report back to the .Commission and agendize it for the next meeting. Commissioner Hebard stated that the ordinance was changed to allow for smaller parking spaces to accommodate smaller cars. It is now. possible for existing projects to redesign their outdoor parking areas to provide more parking spaces. PD 75-4 This is the time and place for continued Campbell Building public hearing on the application of the and Investment Campbell Building and Investment Company Company for approval of .plans, elevations, and development schedule to allow construction of an office building to be located on property known as 54 North Central Avenue in a P-ll Zoning District. g _ Mr. Kee advised that the. staff recommends a continuance to the first meeting in October and that the traffic engineer make comments regard- . ing the status of the downtown parking district. -- Commissioner Samuelson moved that PD 75-4 be continued to the first meeting in October, seconded by Commissioner Hebard. Commissioner Dickson asked for the traffic engineer's comments. Chairman Lubeckis declared a recess at 9 p.m. Meeting reconvened at 9:10 p.m. Chairman Lubeckis asked Mr. Helms for his report on the downtown parking district. Mr. Helms advised that on July 26, 1976,,the City Council established a time schedule of sixty days in order that alternatives to financing could be explored by the downtown property owners and staff. The staff has been meeting with the participants of the parking distric t to see if the project can be gotten underway. The City Council does have the authority to go ahead with the project regardless of the number of protests. There have been meetings with the participants in the district regarding the financing to see how much support can be gained for the 2 million dollar project. There has been discussion as to the amount of ,the assessment and the possibility of deferring part of the assessment for later years. Motion to continue PD 75-4 to the first meeting in October carried unanimously. G.P. 76-4 This is the time and place for continued Housing Element public hearing to consider the adoption to the General of the Housing Element to the General Plan Plan. Mr. Kee advised that I~ir. Stafford would make -the presentation on the proposed Housing Element. Mr. Stafford stated that-.this item was continued from the meeting of July 15 in order that the Planning Commission and Civic Improve- ment Commission could hold a joint study session to discuss the Housing Element'. The study session was held on July 22, and at that time several changes and additions in the draft were recommended. These changes were limited to ~:he sections dealing with goals and policies and these changes have been incorporated in the draft presented to the Commission. It was recommended that the sections taken from the Housing Needs Assessment Study and the Housing Assistance Plan be attached. as appendices to the Housing Element. Commissioner Samuelson asked if other. cities are taking the same steps as Campbell in getting .projects for low-income housing and the elderly. There are residents of other communities coming into Campbell to build .those units. g ~,: Mr. Stafford stated that the County is receiving applications for H.U.D. sponsored housing from other communities. Commissioner Samuelson stated that he would be interested in knowing how many low cost housing units are being built in Los Gatos and Saratoga. Mr. Kee advised that most of the low income housing: in Santa Clara County is located on the east side of San Jose and in the Gilroy area. Cost of land is a big factor. Los Gatos and Saratoga are required to have a Housing Element but he stated that he did not know what their policies will be and the City Council has stated that they have no objection to Campbell doing its fair share. The reason for the Housing Element is to estab- lish guidelines as to how much. is enough--liow much is our fair share. Once these guidelines are established the City can consider these proposals in relation to the General Plan. Campbell is the only City. in the West Valley with 100 units for low cost housing and the only project of any size that has been constructed in the West.Valley. Commissioner Dickson asked if the adoption of the Housing Element would bring pressures to bear that the City wouldn't have other- wise in implementing low cost housing. Mr. Kee advised that the intent behind the State .law which requires a Housing Element is intended to recognize "what is the problem" and to identify the needs and the idea behind an element of the General Plan is to specify how you are going to achieve that need. Eommissioner Dickson asked that if by adopting the Housing Element, does that force the City to do more than its fair share? Mr, Kee advised that the whole idea of an element of the General Plan is to establish the policy of the City. bir. Kee advised that it was required about two years ago. The reason the City did not have one prior to the deadline was that the staff did apply for money in the budget to do a housing needs study and that was cut out of the budget. Eventually, funds were available from H.U.D. to do the Housing Needs Assessment Study and a special census was done. The Housing Needs Assessment Study was finished and the staff has now prepared the proposed Housing Element. Commissioner Hebard stated that phrases like ''fair share" bothers him. Low cost housing does present an image that sometimes isn't very good, however, it does provide housing for the kind of people they want in the community, specifically, the young couples who are just starting out. He stated that it bothered him that the entire west side is becoming almost exclusively middle aged. Low cost housing doesn't necessarily mean disadvantaged or poor people, but it also includes a great number of people who are just starting out. He was of the opinion that this should be done enthusiastically to provide a balance in the community. • 10 - Commissioner Dickson stated that he agreed with rir. ftebard's remarks. However, low cast housing is associated with low standards and the City must be sure the controls are there so they are not creating blighted areas. Commissioner Dickson stated that, based on the successful study session with the Civic Improvement Commission, he was of the opinion that the element before the Commission, with the- changes incorporated, is an element that the City can live with -and provides the objectives that the City wants in a Housing Element. He stated that he would like the record to show that the Commission did have a study session with the Civic Improve- ment Commission and that some changes were made and incorporated in the .Housing Element. Commissioner Dickson moved that the public hearing be closed, seconded by Commissioner Samuelson and unanimously adopted. RESOLUTION N0. 1530 Commissioner Dickson moved that the Planning Commission adopt Resolution No. 153 recommending that the City Council adopt an ordinance adopting the Housing Element to the General Plan, seconded by Commissioner Hebard and adopted by the following. roll call vote: AYES: Commissioners: Hebard, Dickson, Samuelson, Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Campos and Pack MISCELLANEOUS Capital Improvement D4r. Kee advised that the City rianager Program. had asked him to represent him at the meeting as he had a conflict and could not attend. D4r. Kee suggested that the Commission take the Capital Improvement Program and make a finding that it is consistent with. the .General Plan. That is the whole purpose of the Commission reviewing the Capital Improvement Program. There are no projects being proposed that are in conflict with the General Plan. The staff recommends - that the Commission make comments in regard to the Goals Committee recommendations. It is possible that the Commission may wish to defer this item to the next meeting. , Commissioner Hebard moved that the Planning Commission find that the Capital Improvement Program is consistent with the General Plan of the City, seconded by Commissioner Dickson and unanimously adopted.. 11 - I Mr. Kee advised that it was the request of the City Manager that the Commission review the recommendations of the Goals Committee. Commissioner Samuelson had some questions regarding the fire engines and the pumper trucks. Mr. Kee advised that he could ~- have someone from the Fire Department present at the next meeting to answer the Commissioners' questions. Commissioner Samuelson stated that the money was appropriated for the rest rooms at John Morgan Park, but when his children go there they are almost always locked. Mr. Helms stated that this is because of the vandalism problem. Commissioner Hebard moved that the review of the Community Develop- ment Task Force recommendations be continued to the next meeting, seconded by Commissioner Samuelson and unanimously adopted. Resignation Commissioner Hebard moved that the staff Commissioner Stewart prepare a resolution for adoption by the Commission at the next meeting commend- ing Commissioner Stewart for his services on the Planning Commission, seconded by Commissioner Samuelson and unanimously adopted. ADJOURNP•4ENT Commissioner Hebard moved that the meeting be adjourned, seconded by Commissioner Samuelson and adopted unanimously. The meeting was adjourned at 9:45 p.m. APPRO.VED• ~ ~ eg u c is, air '~ ~ ~ ATTEST : ~~.-~-,.~~~ ~---_ ems,' r ur ee, ecretary „~~ ,; ... ,~ ;~ RECORDED : ,~ w; ;,~C~;~. ; ~ L, ~. ~f~r~ ~'`~' PFy1'~is Ac ercT~ ,~ecor~ic er -lz-