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PC Min 09/18/1975PLANNING COMMISSION CITY GF CAMPBELL, CALIFOP.NIA THURSDAY, 7:30 P. M. MINUTES SEPTEMBER 18, 1875 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, Stewart, Campos, Dickson, Present Samuelson, Chairman Lubeckis; Secretary Arthur A. Kee; Senior Planner Philip Stafford; City Attorney J. Robert Dempster; Engineering Manager Bill Helms; Recorder Phy 1 1 ~ s Acker. Absent Commissioner Pack MINUTES Commissioner Dickson corrected the minutes of the September 4, 1975 meeting. Page 17--Historical Heritage Commission ,hould read "Historical Heritage ' Committee". Commissioner Dickson moved that the minutes of the September b, 1975 meeting be approved as corrected, seconded by Commissioner Samuelson and unanimously adopted. COMt1UNICATIONS Mr. Kee reported that the communications received ° relate to particular items on the agenda. ARCHITECTURAL APPROVALS Commissioner Dickson reported as follows for the Architectural Review Committee. "S" 75-20 Recommends approval of the continued Keifer, Robert H. application of Robert H. Keifer, and Servi Car of Santa Clara County for approval of plans to construct an office and shop building to be used as a bus/van repair facility on property known as 1506 White Oaks Road in an M-1-S Zone subject to the conditions recommended by staff and in accordance with the revised plans. 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 buiTd'eng permit. 3. Landscaping shall be maintained in accordance witf~ the approved landscape plan. ~s. 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 1:0 complete landscaping, fencing and striping of parking area prior to final building department clearance. 5• 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 he developed in compliance with Section 21.50 of the Campbell Municipal Code. Ali 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 includ- ing 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 applicatior- 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 rubbisf~ 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 develop- ment 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 si;e specified by the Fire Department. All enclosures to be constructed at grade level. G. Applicant shall meet all State requirements for the handicapped. BUILDING DEPARTMENT H. 30" high parapet wall required on south (right) elevation. Section 1709 !. Roof covering shall be fire retardant. Section 1603(a) 3203(e), - 2 - _a, PUBLIC WORKS DEPARTMENT J. Dedicate right of way on westerly side of existing right of way. K. Storm drainage fee at $765 per acre. L. Agreement and bond for street improvements. M. Execute petition for L.1.D. FIRE DEPARTMENT N. Provide ''2ABC" fire extinguishers. 0. Obtain a Fire Department permit to operate a repair garage. P. Building plans to show location of trash enclosure. 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. Commissioner Hebard moved that "S" 75-20 be approved as recommended, seconded by Commissioner Stewart a nd unanimously adopted. S. A. 75-71 Recommends approval of the application of Service Bureau Service Bureau Corporation for approval of Corporation new signs for a building located on property known as 700 West Hamilton Avenue in a C-2-S Zone. The Sign Advisor indicated approval of the sign, however, the Sign Review Committee was split regarding a recommendation. The Architectural Review Committee recommends approval. Commissioner Stewart move d that S.A. 75-7i, Service Bureau Corporation, be recommended for approval to the City Council, seconded by Commissioner Hebard and unanimously adopted. "S" 75-72 Application of Renzo's Restaurant for Renzo's Restaurant approval of the relocation of an existing sign located on property known as 1700 West Campbell Avenue in a C-1-S Zone. Commissioner Dickson reported that the Sign Review Committee recommends approval with the condition that the lights shall not flash. The Architectural Review Committee also recommends approval subject to the same condition. Mr. Kee advised that the staff also recommends approval subject to the one condition. Commissioner Hebard asked if the applicant concurred. Mr. Kent Kirkorian, applicant, stated that he was in agreement with the recommended approval. - 3 - Commissioner Hebard moved that S.A. 75-72 be approved subject to the condition that the lights shall not be flashing, seconded by Commissioner Stewart and unanimously adopted. PUQLIC HEARINGS UP 75-13 This is the time and place for public hearing Loher, John E. on the application of Mr. and Mrs. John E. Loher for a use permit to allow a pre-school facility on property known as 1165 Smith Avenue in an R-M-S Zone. Chairman Lubeckis asked 11r. Kee for his comments. Mr. Kee advised that •the applicant is proposing to convert an existing residence into a pre-school facility. The staff is of the opinion that the proposed use would be compatible with the surrounding area. He presented a map showing the location of the subject property. The Architectural Review Committee reviewed the plans and recommends approval subject to the conditions recommended by staff. Commissioner Hebard asked if this was a conversion of a dwelling fora pre-school and he asked if this would be allowed by the ordinance. Mr. Kee advised that this is one use that is allowed in any zone. The residential building would have to be brought up to meet building and fire codes. There is a provision in the ordinance for a use permit for a pre-school in any zone. Commissioner Hebard asked if the plans that tf•~e Architectural Review Committee reviewed were for the conversion of a dwelling to this use, or is it just a dwell- ing being used .for this purpose. Mr. iCee advised that changes are being made to the building in order to have it meet the building and fire codes for pre-school facilities and these conditions- are included in the staff report. Mr. Kee read the section of the ordinance pertaining to conversions of dwellings in the P-0 and commercial zones. The use is permitted in the "R" zones, as well as any other zoning district. There has been a number of such use permits approved in the residential zones and there have been no problems as a result. Commissioner Hebard asked if the Architectural Advisor had any comments. h1 r. Kee stated that he did review the plans and approved the facility. Mr. Kee reviewed the circulation pattern and the location of the structure on the lot and advised that this is an application in accord with the past policy of the Commission. Commissioner Campos asked where the nearest residences were located and if the neighbors have an oppurtunity to be heard. Mr. Kee advised that there are residences on the east and west sides of the property. This is a public hearing and it has been noticed in the paper and the surrounding properties have been posted advising the time and place of the hearing. _ ~ Commissioner Stewart asked if there had been any comments from the neighbors. Mr. Kee advised that there had not been. Commissioner Dickson advised that the applicant fi as removed one parking space 4rhich would permit additional landscaping. Chairman Lubeckis declared the public hearing open and asked if anyone in the audience wished to be heard. Mrs. John l.oher, applicant, stated that she would be happy to answer any questions the Commission might have. Chairman Lubeckis asked if she had received any objections from the neighbors. Mrs. Loher advised that she had discussed it with the adjacent neighbors and they had no objections. In fact, one of the neighbors expressed a feel- ing that it would be an improvement and he would welcome the pre-school. The ages of the children will range from 2 years g months to 6 years and the State has indicated that they will give a license for thirty children. Commissioner Hebard moved that the public hearing be closed, seconded by Commissioner Samuelson and unanimously adopted. Commissioner Hebard stated that he was not against this application bu*_ he was still concerned about what the zoning code says with regard to conversions of residences. Mr. Kee advised that the pre-school facility is allowed in any zoning district without falling under the conversion section of the ordinance. Section 21.64.080 refers only to conversions in the professional office and commercial zoning districts. RESOLUTION N0. 1471 Commissioner Samuelson moved that Resolution No. 1471 be adopted approving use permit 75-13, application of Mr. and Mrs. John E. Loher, to allow a pre-school facility on property known as 1165 Smith Avenue in the R-M-S Zone subject to the recommended conditions, seconded by Commissioner Stewart, and adopted by the following roll call vote: AYES: Commissioners: Stewart, Campos, Dickson, Samuelson, Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Pack ABSTAIN: Commissioners: Hebard T.A. 75-3 This is the time and place for public hearing to consider amendments to Chapter 21.22 C-1 Neighborhood Commercial District, Section 21.22.080 Rear Yard, Chapter 21.24 C-2 General Commercial District, Section 21.24.080 Rear Yard, Chapter 21.28 CH Highway Commercial District, Section 21.28.060 Development Standards (c), Chapter 21.32 M-1 Light Indus- trial District, Section 21.32.060 Improvements, -5- ~_ and Chapter 21.34 Section 21.34.080 Rear Yard, of the Campbell Municipal Code. Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee advised that the proposed amendments to the zoning code will give more flexibility to the code. He cited an example where a ten foot rear yard setback adjacent to a residential area was the requirement. Everyone was in agreement that the l0 foot rear yard requirement was not a desirable thing at that location. The staff is recommending that the rear yard requirements in the C-l, C-?., C-H, and M-1 zoning districts be changed to allow the Commission the authority to approve a reduction in the required rear yard. Chairman Lubeckis declared the public hearing open and asked .if anyone wished to be heard. There being no one in the audience wishing to speak, Commissioner Hebard moved that the hearing be closed, seconded by Commissioner Samuelson and unanimously adopted. RESOLUTION W0. 1472 ~ Commissioner' Uickson~atated that the proposed amendments have been reviewed by the Commission and he moved that Resolution No. 1472 be adopted recommending that the City Council approve T.A. 75-3, seconded by Commissioner Samuelson and adopted by the following roll ca 11 vote: AYES: Commissioners: Hebard, Stewart, Campos, Dickson, Samuelson, Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Pack G,p. 73-5 This is the time and place for public hearing Shapero, Norman to consider proposed amendments to the Land Use Element of the General Plan and/or Zoning Ma{~ as per the application of Norman Shapero . Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee advised that the applicant is proposing that the Land Use Element of the General Plan be amended from Professional Office to Medium Density Residential for two parcels on Rincon Avenue, He presented a map showing the subject properties and the surrounding properties. Staff is of th<~ opinion that the subject properties could be developed. residentially and be compatible with surrounding developments. The l~irger of the two parcels would be difficult to develop as professional offices due to its limited access to Rincon Avenue. The staff recommends that the Planning Commission adopt a resolution recommending an amendment from Professional Office to Medium Density Residential for the sub- ject properties and that the Planning Commission adopt a resolution recommending that the zoning on the subject properties be changed from Professional Office to R-2-5. -b- :,.y Commissioner Stewart asked if the General Plan. should have been changed to conform to the actual use at the time of the overall review of the City. Mr. Kee stated that only a small portion of property is being used residentially. There is an $-unit apartment existing and this is a situation that could develop either way. Offices and multi-family residential. uses are fairly compatible. Commissioner Hebard was of the opinion that the properties will take special treatment in order to develop and Mr. Kee advised that the Architectural Review Committee would review the plans. There was some discussion as to whether or not two adjoining parcels should be included in the proposed change and Mr. Kee advised that the staff could notice this area for the next consideration of changes in the General Plan and Zoning Map. Chairman Lubeckis declared the public hearing open and asked if anyone in the audience wished to be heard. Mr. Norman Shapero, applicant, stated building on the lot and he would like All the neighbors have indicated that development. It is not reasonable to offices due to the limited access to vacancy factor in professional office ci. ti zens. there is an existing 8-unit apartment to continue with that type of development. they would be delighted with any new develop the properties as professional Rincon and also .because of the tremendous buildings. He intends to rent to senior Commissioner Hebard asked the applicant if he was in any rush to develop the property . Mr. Shapero advised that he had been waiting several months for the hearing and would like a decision tonight. Commissioner Hebard moved that the public hearing be closed, seconded by Commissioner Dickson and unanimously adopted. RESOLUTION N0. 1473 Commissioner Hebard moved that Resolution No. 1473 be adopted recommending to the City Council that an amendment to the General Plan be adopted, changing the subject properties from Professional Office to Medium Density Residential Land Use, seconded by Commissioner Stewart and adopted by the following roll call vote: AYES: Commissioners: Hebard, Stewart, Campos, Dickson, Samuelson, Lubeckis NOES: Commissioners: None ASSENT: Commissioners: Pack RESOLUTION N0. 1474 Commissioner Hebard moved that Resolution No. 1474 be adopted recommending that the zoning on the subject properties be changed from Professional Office to R-2-S (Multiple Family Residential), seconded by Commissioner Samuelson. and adopted by the follaving roll call vote: -r ,..,13: A.Y%S: Commissioners: Nebard, Stewart, Campos, Dickson, Samuelso~~,~ Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Pack Commissioner Nebard suggested that the Council be advised that the staff is looking at the entire area for possible amendments to the General Plan and mooning. GP 75-4 This is the time and place for public hearing Land Use Element to eonsider proposed amendments to the Land and/or Zoning Map Use Element of the General Plan and/or Zoning Map to make the General Plan and Zoniny Maa consistent as required by State law. Chairman Lubeckis asked Mr. Kee for his comments. Mr. Kee advised that in 1974, under proceedings known as ZC 73-6, the Planning Commission recommended amendments to the General Plan and/or Zoning Map for some six hundred parcels throughout the City. The City Council subsequently considered these recommended changes and on May 28, 1974 adopted a new Land Use Element of the General Plan and Zoning Map. The staff has noted that there were a few parcels which were not proposed for change by ZC 73-6 and in order to make tiro General Plan and Zoning consistent the four areas indicated on the maps are proposed for change. Area 1 - Almarida Avenue north. of Hamilton Avenue, developed with the ' Franciscan Apartments. The existing zoning is P.-3-5, existing General Plan is Commercial and the existing use is apartments. The proposed ar,~endment would change the General Plan from Commercial to High density Residential. Area 2 - East Campbell Avenue, Lands of Annie Tock. The existing zoning is R-M, the existing General+Pian is Commercial and the existing use is Multi-family. The proposed amendment would change the General Plan from Commercial to Low Medium Density Residential. Area 3 - Souttr Side of Hamilton Avenue - between Milton and Carlyn Avenues.. The existing zoning is P-0, the existing General Plan is Low Density Residential and the existing use is offices. The proposed amendment would change the General Plan from Low tensity Residential to Professional Office. Area 4~- East side of Monica Lane - south of David Avenue. The existing zoning is R-l, the existing General Plan is Low Pledium Density Residential and tine existing use is duplexes. The proposed amendment would change the zoning from R-1 to R-D. The proposed changes would make the General Plan and Zoning Map consistent. There is now a procedure which requires that when an application is tiled it must be in compliance with the General Plan a The Zoning htap and General Plan ~ have been reviewed by the staff and these are four parcels that are riot in accord with the General Plan. g _ Commissioner Nebard stated that the Commission should be sure that they were not taking action that would be in contradiction with the property ovaners' wishes. Mr. Kee stated that action is being recommended that would be in accord with the Commission's and Council's previous actions and would make the General Plan and Zoning Map consistent as required by State Law. Chairman Lubeckis declared the public hearing open and asked if anyone wished to be heard. There being no one wishing to be heard, Commissioner Nebard moved that the public hearing be closed, seconded by Commissioner Stewart and unanimously adopted.- RESOLUTION NO. 1475 Commissioner Nebard moved that Resolution. No. 1475 be adopted recommending to the City Council that the proposed amendments to the General Plan and/or Zoning Map to make the General Plan and Zoning Map consistent as required by State law be adopted, seconded by Commissioner Samuelson and adopted by the following roll call vote: . AYES: Commissioners: Nebard, Stewart, Campos, Dickson, Samuelson Lubeckis NOES: Commissioners: None ABSENT: Commissioners: Pack REFERRAL FROM CITY COUNCIL Referral from City Council Request of Fred Chez fora one-year extension of time for development schedule for PD 69-1. Mr. Kee advised that this is a referral from the City Council. The staff is recommending that approval be recommended to the City Council subject to the original conditions and two additional conditions: 1. Remove all combustibles from interior and secure all openings so that unauthorized persons may not enter. Section 1.247 (b) and Section 27.414, Uniform Fire Code. (Fire Department condi.tion). 2. Reapplication for plan check and building permit shall be required. Section 302 (d) Uniform Building Code. (Building Department condition). The Commission should know that five previous extensions have been requested and granted by the City. The Staff is concerned about the existing condition of the partially constructed building and has recommended that condition No. 1 be added in accord with Fire Department requirements. In addition, the build- ing permit has expired and reapplication for plan check and building permit will be necessary in order to continue construction on the building.. l~he staff is also of the opinion that if nothing is done to continue on with the project within the next year that complete plans for a new planned develop- ment should be processed for review by the Planning Commission and City Council -9- i. lil In order that the City files may be updated, clarified and kept curren~.. Commissioner Hebard stated that the Commission po?icy is to grant a one-year extension and then after that time, the applicant would have to submit new plans. He asked what justification the Commission had in making an exception in this case. Mr. Kee stated that the policy stated by Commissioner Hebard applied to site approvals. The Planned Development section of the ordinance is different. The owner has accomplished the first phase of the development schedule. He . is in the process of the second phase and he has taken out the building permit, which has noa~ expired. Mr. Kee stated that the staff does recommend that this be the last extension. It would give the owner the option of continuing on with getting the building permit reinstated, or in extending it, it could mean that the owner could do nothing. The development could stay the way it is. Commissioner Dickson asked if the Police Department had been asked for comments and Mr. Kee advised that it had been referred to the Fire, Building and engineering Departments, but not to the Police Department. Commissioner Dickson stated he would like to have the Police Department's comments to determine if it has been a police problem. Commissioner Hebard suggested that the recommendation be sent to 'the City Council with the recommendation that *_hey contact the Police Department. Commissioner Hebard moved that the Planning Commission recommend to the City Council approval of a one-year extension of time fora development schedule for PD 69-1 subject to the following conditions: 1. Remove ail combustibles from interior and secure all openings so that unauthorized persons may not enter. Section 1.207 (b) and Section 27.414, Uniform Fire Code. (Fire Department condition). 2. Reappl%cation for plan check and building permit shall be required. Section 302 (d) Uniform Building Code. (Building Department condition). 3. If nothing is done to continue on with the project within the next year that complete plans fora new planned development should be processed for review by the Planning Commission and City Council in order that the City files may be updated, clarified and kept current. F9otion seconded by Commissioner S*_ewart and adopted by ttre following roll call vote: AYES: Commissioners: Hebard, SteHrart, Campos, Dickson, Lubeckis ~QES: Commissioners: Samuelson ABSEtdT: Commi ss loners: Pack Commissioner Hebard moved that PD 65-1 be referred to the Poiic Department for a report to tl~e C i ty Counc i 1 to accompany the P 1 anr, i ng Commission recorn,-nendat ion, ~~ seconded by Commissioner Dickson and unanimously adopted. - 10 - MISCELLANEOUS Transit Committee Appointment of Planning Commissioner to serve on the 1"raps i t -Committee . Commissioner Stewart stated that inasmuch as he was already serving on the Transit Committee of the Planning Policy Committee he would volunteer to serve on the City Transit Committee. Planning Commissioners' Appointment of Planning Commissioner to serve Handbook on the review committee. Commissioner Samuelson is serving on this committee and Commissioner Hebard volunteered to serve on the committee. Study Session Chairman Lubeckis stated that he had received a letter from Mayor I~arnrner suggesting a study session. 1`1r. Kee stated that he could contact the City Manager and Mayor regarding a specific date. Possibly it could be held on Thursday, October 2, which is the regular meeting date of the Planning Commission. The agenda for that meeting is very short. Also, he informed the Commission that he had been in contact with Dr. Walworth who would like to show some slides on transit and this might be an appropriate topic for the agenda. Tomlinson Mr. Kee advised the Commission that an intern Scholarship working in the Planning Department could possibly be eligible for this award and he requested that the matter-be agendized for the next meeting. Chairman Lubeckis so ordered. historical Heritage Commissioner Dickson reported that he had Committee talked to the Chairman of the Civic Improvement Commission and had declined the invitation to -serve on the Historical Heritage Committee due to the time the Commissioners are now spending on various committees. He reported that she understood. t`aguna Beach Case City Attorney Dempster advised that he was still trying to get information on the Laguna Beach Case and would report back to the Planning Commission as soon as he had something definite. ADJOURNMENT Commissioner Hebard moved that the meeting be adjourned, seconded by Commissioner Samuelson and unanimously adopted. The meeting adjourned at 9:30 p.m. APPROVED: ~' 01 eg L b ck i s , ,Cha i~ rman ATTEST: Arthur A. Kee RECOR ED: iPhy'~lis Acker Secre tart' Recorder