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PC Min 06/03/1976PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA THURSDAY, 7:30 P.M. MINUTES JUNE 3, 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, Stewart, Present Dickson, Samuelson, Pack, Chairman. Lubeckis; Secretary Arthur A. Kee; Senior Planner Bruce Powell; City Attorney J. Robert Dempster; Acting Director of Public Works Bill Helms; Recorder Phyllis Acker. Absent None MINUTES Commissioner Pack corrected the minutes . of the P4ay 20, 1976 meeting, pages 11, 12 and 13 to read "... less than six units...". Commissioner Pack moved that the minutes of the May. 20, 1976 meeting be approved as corrected, seconded by Commissioner Samuelson and unanimously adopted. COMMUNICATIONS Mr. Kee reported that the communications received relate to specific items on the agenda. ARCHITECTURAL APPROVALS "S" 73-51 Commissioner Pack reported that the Westlands Bank Architectural Review Committee recommends approval of the request of Phil N. Scheid, on behalf of Westlands Bank for a twelve- month extension of time for their temporary facility located at 1777 South Bascom Avenue in a C-2-S (General Commercial) and P-D (Planned Development/Commercial) Zoning District. The committee met with the applicant's representative, Commissioner Ilebard moved that the 12 month extension of time on "S" 73-51 be approved, seconded by Commissioner Campos and unani- mously adopted. - PUBLIC HEARINGS ~ UP 76-7 This is the time and place for public ' Johansen, hearing to consider the application of William M. and ~ William M. and Lillian L. Johansen for Lillian L. a use permit to expand an existing day care nursery from six to ten children on property known as 25o Calado Avenue in a R-1 (Single~Family Residential) _ Zoning District. Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee advised that a communication had been received in the Planning Office from the applicant requesting a continuance to the next meeting. The applicant called the office and advised she was ill~with the flu and therefore unable to attend tonight's meeting. Chairman Lubeckis declared the public hearing open and asked if any- . one wished to speak for or against the application. Commissioner Hebard asked Mr. Kee if ,the area had been posted. Mr. Kee advised that the property was posted as required by the code. The posting would be done on a telephone pole or light standard in the street right of way. Commissioner Hebard questioned the requirement of posting if the code only requires that the property in question be posted. Mr. Powell advised that the poster would be visible from the street. Mr. Kee advised that anyone traveling on the street would see the notice, and the notice of public hearing is also published in the Campbell Press. ' Commissioner Stewart moved that UP 76-7 be continued to the July 1, 1976 meeting, seconded by Commissioner Samuelson and unanimously adopted. PD 76-3 This is the time and place for continued Sims, Alan public hearing on the application of Alan Sims to cor.~ert a residential building into a restaurant acid 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 Pir. Kee for his comments. Mr.Kee advised that a letter had been received from the applicant requesting a continuance and he asked that the letter be read by -- the recording secretary. - 2 - The recording secretary read the communication from the applicant dated June 2, 1976, requesting that the hearing be moved ahead to July 1. Mr. Sims stated that his advisors and witnesses have con- flicting schedules until then. Commissioner Stewart asked if plans are on file and have been re- viewed. by the Architectural Review Committee. Mr. Kee advised that the plans on file are essentially what exists on the property at the present time. The applicant has requested a continuance twice previously. Commissioner Hebard moved that PD 76-3 be continued to the next meeting, seconded by Commissioner Yack. Commissioner Campos asked if this wasn't the application discussed at length at the last meeting and it was his understanding at that time that the matter would be heard at this meeting without any ex- ceptions. Chairman Lubeckis stated that that was his understanding at the last meeting. Commissioner Hebard withdrew his motion for continuance. Mr. Kee stated that the use that is presently approved on the site is for a temporary use which would expire at the end of this year. He stated that he would like to have PSr. Sims present when the Commission considers the item and the staff makes their comments. He stated that he recognized the Commission's concern. Commissioner Hebard advised that since the last meeting he has had a discussion with the Building Official as to commercial buildings, and before any action is taken by the Commission on this application, he was of the opinion t-hat the Commission should have a report by the Building Official as to the deficiencies in the building, if any, and what the applicant's plans indicate and what would be required in a new commercial building. He was of the opinion that the Build ing Department should look at the plans Mr. Sims proposes. Commissioner Dickson stated that the conversion of this type of build- ing to commercial use is not allowed.by the code. Mr. Hebard stated that in his opinion the Commission should know of any deficiencies in order to determine whether or not this is a con- version or a new building. P4r. Kee advised that the applicant has submitted plans for exterior remodeling and staff could contact the Building Department and bring a report back to the Commission for the next meeting. Chairman Lubeckis was of the opinion that there should not be another continuance, based on the finding that they do not have complete plans for consideratio,i. After some further discussion, Mr. Kee stated that the staff could - 3 send Mr. Sims a certified letter advising that his application would be considered on July 1 and request that he, or his representative, be present at the hearing. Staff could also advise him that the matter will be resolved at that time. Commissioner Hebard moved that PD 76-3 be continued to the first meeting in July, seconded by Commissioner Stewart and unanimously adopted. ZC 76-2 This is the time and place for continued Day, James W, public hearing to consider the application of James W. Day for a change of zoning from R-1 (Single Family Residential) to P-D (Planned Development/Low Density Residential) and approval of plans, elevations and develop- ment schedule to allow the construction of a 14 unit complex on property known as 1401 Pollard Road. Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee advised that the staff recommends approval subject to the four conditions outlined in the staff report. 1. The density proposed is within the range indicated by the General Plan which is low density, less than 6 units per acre. 2. The shape of the parcel is not conducive to the development of a subdivision with lots of 6,000 or 7,000 square feet. ' 3. The townhouse density in Los Gatos across Pollard Road to the south is over twice what is being proposed in this development. 4.. This 13 unit townhouse development on 2.3 acres would seem to be compatible with the triplex which now fronts to Pollard Road on the east; or the single family homes in the area which for the most part back to the subject property. Mr. Kee further added that in staff's opinion, this development would be compatible and appropriate on this site. Chairman Lubeckis asked if the Architectural Review Committee reviewed the plans. Commissioner Pack advised that the plans were reviewed with the appli- cant and the Architectural Advisor and the committee recommends two added conditions: 1. 'That the material of the siding and roofing be noted on the ele- vation plans and approved by staff. 2. The landscape area adjacent to the walk on Pollard Road shall be approved by the staff. - 4 - Also, the committee recommended a change in condition No. 1 to read: Single family house to be located in the southwest corner of the lot to be approved by the Planning Director. The Director may, refer it to the Architectural Review Committee for review. Mr. Kee advised that prior to the revision of the plans, the developer had intended to have two townhouse units at this loca- tion. He now proposes a single family dwelling. Mr. Kee advised the legal notice was for fourteen units. In order to comply with the General Plan density, the number was reduced to 13 units. Mr. Kee presented the plans of the proposed development, showing the elevations and location of the buildings on the sine. The density would conform to the General Plan of less than six units per gross acre and would comply with the density in the area. The plans indicate that most of the buildings back up to the property line which runs along a creek. Due to the shape of the lot, it is a very difficult parcel to work with. This is a townhouse development and would be in individual ownership. Commissioner Stewart asked what the recreational area consists of. Mr. Kee advised that this is not an apartment complex and is not oriented in that manner. The common area would be open space and landscaping. Chairman Lubeckis announced that this is a continued public hearing and he asked if anyone wished to be heard. Mrs. Yvonne Mendivil, 1393 Estrellita, stated that basically all the neighbors approve of the proposed development. However,~she was concerned about the path through the creek channel. The children in the area use this pathway to go to school and she asked that the developer keep the landscaping low. She stated that this could be a dangerous area for the children. Mr. Kee presented an overlay to show the relationship of the property to the creek. He stated that possibly there could be a dedicated easement to provide for the walkway which could be fenced off and separated from the development. The Commission would have the prerogative to require the easement. Mr. James Day, developer, stated that they would be happy to build an asphalt pathway along the drainage ditch--from their property line to Abbott Avenue. Commissioner Hebard asked if Smith Creek had been considered previously for a bicycle or recreational pathwa}-. Mr. Helms stated that to his knowledge it had not. Mrs... Mendivil stated that she would not like to see a cyclone fence. Many of the children ride their bicycles on the path and they could ride into the fence and get hurt. Mr. Kee advised that most areas are fenced. Tt~e easement would be recorded and a matter of record. 5 Commissioner Stewart asked if it would be possible to go along with the application with the stipulation that staff work out some rea- sonable solution with the applicants.. Mr. Kee stated that the staff could meet with the applicants and the people in the neighborhood. However, there is a condition `- recommended by staff that the landscaping be approved by the Planning Director. Commissioner Hebard asked P~irs. Mendivil if she felt comfortable with the townhouse development as presented. Mrs. Mendivil stated that she did. Of course she would have rather had a ranch-style family house on the site. She added that her main concern at this time was for the children using the pathway and the parking. Commissioner Stewart stated that one thing that impressed him about the development was the amount of parking being provided-- 63 parking spaces for thirteen units. That is a far better ratio than has ever been presented before in any part of the City. Mr. Kee advised that there is more parking being provided than would be required by the code for single family homes. Each unit will have a double car garage and driveway space to provide for a total of four cars. Mrs. Shirley Chappell, 1450 South Abbott Avenue, stated that they reviewed tree plans and are in favor of the development. Also, the people living at 1460 Abbott Avenue are in favor of the plans--they only request that there be no bay windows overlooking their swimming pool. Mr. R. Chappell, 1450 Abbott Avenue, spoke in favor of the development, however, he stated that he was not in favor of fencing the pathway with a cyclone fence and requested that there be no cyclone fencing. There being no one wishing to speak further, Commissioner Hebard moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. Commissioner Hebard stated that he would have preferred to have seen a detached, single family development on the property rather than townhouses due to the fact that the San Tomas area is a rural type area. However, the clustering of the units has provided more open space on the site than if there were thirteen small single family homes developed. RESOLUTION N0. 1513 Commissioner Hebard moved that Resolution No. 1513 be adopted recommending that the City Council adopt an ordinance approving ZC 76-2, application of James W. Nay, based on the following findings: - 6 - 1. The density proposed is within the range indicated by the General Plan which is low density, less than 6 units per acre. 2. The shape of the parcel is not conducive to the development of a subdivision with lots of 6,000 or 7,000 square feet. 3. The townhouse density in Los Gatos across Pollard Road to ° the south is over twice what is being proposed in this development. 4. This 13 unit townhouse development an 2.3 acres would seem to be compatible with the triplex which now fronts to Pollard Road on the east; or the single family homes in the area which for the most part back to the subject property. Commissioner Pack stated that the Architectural Review Committee and the Architectural Advisor were pleased with the plans and this is the type of quality construction that they like to see in Campbell. Commissioner Pack seconded the motion and was adopted by the follow- ing roll call vote: AYES: Commissioners: Hebard, Campos, Stewart, Dickson, Samuelson, Pack, Chairman Lubeckis NOES: Commissioners: None ABSENT: Commissioners: None V 76-1 This is the time and place for continued Garrison, Elmer R. public hearing to consider the applica- tion of Elmer R. Garrison for a variance from 9'-0" to 0'-0" in side yard setback to allow the construction of a tennis court for an apartment complex to be located on property known as 3495 South Bascom Avenue in an R-3-S Zoning District. Mr. Kee advised that the staff recommends continuance to June 17, 1976. The item was continued from the meeting of May 6, 1975 in order that the Commission could consider a text amendment. The legal .notice for the text amendment could not be scheduled to appear in the paper in time for this meeting and the staff is, therefore, recommending the continuance to the next meeting. Commissioner Dickson moved that V 76-1 be continued to the June 17 meeting, seconded by Commissioner Stewart and unanimously adopted. MISCELLANEOUS San Tomas Gardens Staff report on the 236 Federally sub- sidized housing project located at 825 South San Tomas Aquino Road in a R-2-S Zoning District. - 7 - Mr. Powell advised that the Planning Staff inspected the project again on May 27, 1976 and observed that several improvements have been made. 1. Landscaping is being maintained. 2. The fence has been repaired all the way .around the property. 3. Several of the buildings in the rear of the parcel have been repainted. 4. Additional recreational equipment has been installed. Mr. Kee advised that there has been an application by the owners of the property for a subsidy through the County Housing Authority. This would be of benefit to the City and the property owner and the City is recommending to H.U.D. that a condition be placed on the approval of the subsidy that the property be maintained. The Mayor is preparing a letter to H.U.D. and requesting that this condition be included. Commissioner Hebard suggested that this report by staff be circulated to the City Council, all interested Commissions and the County Housing Authority. - Chairman Lubeckis directed staff to circulate the report as recommended. Appointment to Chairman Lubeckis stated that Commissioner Planning Policy Stewart serves as Campbell's representative Committee on the Planning Policy Committee and he asked for a volunteer to serve as alternate. Commissioner Pack volunteered to serve as alternate to the Planning Policy Committee. Redevelopment Commissioner Campos stated that he noted Advisory Committee in the last City Council Minutes that the - Mayor intends to appoint a Redevelopment Advisory Committee. Councilman Hammer made the comment that some of the duties outlined for the committee are duties that belong to other City commissions, more specifically the Planning Commission. Commissioner Campos stated that if the Commissioners are to serve on another committee, they should have an idea of what their responsibilities will be. The Commission's concern should be related to the Mayor. Chairman Lubeckis directed the staff to direct a communication to the Mayor requesting information in more detail as to what Council- man Hammer has in mind. Mr. Kee advised that staff would prepare .a memo to the City Council for the Chairman's review. The memo could be presented to the Council at the next meeting on the 14th. - a - • commissioner Dickson moved that staff prepare a memo to the Mayor expressing the Commission's concern about Councilman Hammer's statement in the Council Minutes of May 24, seconded by Commissioner __ t{ebard and unanimously adopted. Housing Element Mr. Kee staff h Element adopt a meeting hearing advised the Commission that the as prepared a draft of the Housing and requested that the Commission resolution setting the first in July as the date for public of the Housing Element. RESOLUTION N0. 1514 Commissioner Hebard moved that Resolution No. 1514 be adopted setting July 1, 1976 as the time for public hearing on the Housing Element, seconded by Commissioner Pack and adopted by the following roll call vote: AYES: Commissioners: Hebard, Campos, Stewart, Dickson, Samuelson, Pack, Chairman Lubeckis NOES: Commissioners: None ABSENT Commissioners: None Study Session Commissioner Hebard asked staff if a County Housing Authority report as to a study session with the County Housing Authority was available. Mr. Kee stated that he had attempted to contact Mr. Burns of the County Housing Authority. He had been on vacation. He stated he had called several times but had been unable to contact him. How- ever, he would attempt to contact him before next meeting. ADJOURNMENT Commissioner Stewart moved that the meeting be adjourned, seconded by Commissioner Dickson and unanimously adopted. The meeting was adjourned at 9:00 p.m. .a APPROVED: ,,l Oleg L c.ckis, Chairm r ~~ /; ATTEST: 'IJ i ~-. l _ _ r hur A. Kee, Secretary :'~r / /''' RECORDED : ~f. , "~L" ~~' C 9/~ Phyllis Acker, Recorder » g »