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PC Min 02/24/2004 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30P.M. TUESDA Y FEBRUARY 24, 2004 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of February 24, 2004, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Doorley and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissi oner: Commissioner: Commissioner: Commissioner: George Doorley Elizabeth Gibbons Tom Francois Joseph D. Hernandez Michael Rocha Bob Roseberry Commissioners Absent: Commissioner: Bob Alderete Staff Present: Community Development Director: Senior Planner: Planner I: City Attorney Reporting Secretary: Sharon Fierro Geoff I. Bradley Stephanie Willsey William Seligmann Corinne A. Shinn APPROV AL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Hernandez, the Planning Commission minutes of February 10, 2004, were approved as submitted. (6-0-1;Commissioner Alderete was absent) COMMUNICA TIONS 1. Three desk items for Agenda Item No.1 - Updated Zoning Code. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements ~ . ... f' Planning Commission Minutes of February 24, 2004 Page 2 ORAL REQUESTS Ms. Kirby Giaramita, 351 Cameo Court, Campbell: . Expressed concern about businesses being operated out of homes in residential neighborhoods, which can be a tremendous problem. . Stated that this is an on-going problem in her neighborhood where there are several home based businesses, one of which has a clientele that can generate up to 12 cars per day in their neighborhood. . Said that she has been told that nothing can be changed at this point. . Explained that she is concerned about the safety of children with the additional traffic as well as having strange people mingling in their neighborhood. . Suggested that this problem results in traffic impacts, changing home values and the flavor of their neighborhood. . Added that there were a rash of burglaries in their area last year. Chair Doorley told Ms. Giaramita that some issues may be addressed through this evening's Zoning Code Update and also suggested that she utilize the City's Code Enforcement process. Ms. Kirby Giaramita: . Replied that she has worked through the Code Enforcement program over the last four years and has gone through all of the routes available. . Added that she did not feel that the City has stood behind her in this matter. . Stated that there is no backing available in the Code. *** PUBLIC HEARING Chair Doorley read Agenda Item No.1 into the record. 1. Zoning Code Update Public Hearing to consider a comprehensive Zoning Code Update and to find said Update to be consistent with the City's General Plan. The City of Campbell Zoning Code Update will re-format, simplify and illustrate the existing Zoning Code and implement new Campbell General Plan policies and various regulatory changes. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: March 16, 2004. Project Planner: Geoff I. Bradley, Senior Planner Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: . Advised that staff has been working on the Zoning Code Update since the adoption of the updated General Plan in 2001. With the adoption of that General Plan numerous new policies were adopted. . Explained the process undertaken including the hiring of consultants in March 2002, Council Study Sessions in September and October 2003 and twelve Study Sessions with the Planning Commission since Fall 2003. . Added that this evening's is the first Public Hearing and the Zoning Code Update is tentatively scheduled to be considered by Council on March 16, 2004. ~ ..- T' , T Planning Commission Minutes of February 24, 2004 Page 3 . Stated that the General Plan is a policy document that provides the blueprint for development in the City. The Zoning Code sets the specific standards and uses allowed in specific zoning districts and serves as the tool to implement the General Plan. Outlined the goals of the Zoning Code Update to be: 0 Including the General Plan policies and strategies. 0 Updating and modernizing the Zoning Code. 0 Making the Zoning Code easier to read and more user-friendly. 0 Incorporating non-General Plan related changes. Described the new Zoning Code format as consisting of six Articles as follows: 0 Article 1 - Enactment and Applicability 0 Article 2 - Zoning Districts 0 Article 3 - Development and Operational Standards 0 Article 4 - Land Use/Development Review Procedures 0 Article 5 - Zoning Code Administration 0 Article 6 - Definitions Explained that the newly added noise standards relate only to new residential development at this time. During Phase II, noise standards will become more comprehensive. Listed some specific changes: 0 Restrictions on outdoor storage, 0 Having all new development be subject to design review, 0 Modification of parking standards, 0 Setting an FAR for all zoning districts, 0 Limiting mini-storage facilities to the M-l Zoning District 0 Updating the C-2 (General Commercial) list of allowable uses, 0 Reducing the minimum lot size for secondary living units from 12,000 to 10,000 square feet, 0 Establishing a .45 FAR for R-l up to .50 with Planning Commission approval, 0 Requiring design review for additions and new homes, 0 Increasing minimum residential front yard setbacks from 15 feet to 20 feet, 0 Limiting residential front yard paving to 50 percent or less, 0 Changing requirements for fences on corner lots, around driveways and for Fence Exception. 0 Some non-General Plan related changes included: updating and modernizing parking requirements, changes in allowable signs, banners and master sign programs and reducing temporary signs from 120 days per year to 90. 0 Churches will be treated as public assembly uses and be allowed with a Use Permit in additional zoning districts while currently they are allowed only in Public Facilities zoning districts. 0 Utility lines will be required for under grounding with larger projects. 0 Reasonable Accommodation will provide an avenue to allow deviation from Code to achieve accessibility in order to comply with Federal ADA (Americans with Disabilities Act) laws. . . . . Director Sharon Fierro: . Extended her compliments to her staff, Geoff Bradley and Stephanie Willsey, for their work on this Zoning Code Update. ~ .... T' , T Planning Commission Minutes of February 24, 2004 Page 4 . Advised that they also worked with the City's Code Enforcement Officer to ensure that the Code is a tool in enforcement. Complimented consultant, Bruce Jacobson, who is present this evening, and the firm of RBF Consulting. Commended the Planning Commission for their hard work and tenacity. Reported that she had a high school aged intern review the draft Update. This student found the Code to be easy to use and was able to relay information back to indicate comprehension. Described three desk items this evening. an amended Article 2, a memo with a summary of the City Attorney's changes and a copy of the existing Enforcement section that will be retained until Phase II to allow the City Attorney time to fine tune it. Explained that Phase II will include additional noise control measures, operational standards and nuisance standards and other miscellaneous clean up items. Added that Phase III will include design guidelines that will be introduced through Study Sessions. Advised that home occupations are addressed through provisions of the Code. Informed that the City had received contact from the American Lung Association who brought up the issue of excessive window signage. The City of Campbell has allowed up to 50 percent of windows to be covered with signs. These signs are typically cigarette- advertising signs. This signage will be reduced to no more than 25 percent of window area. Pointed out that most of the City Attorney's changes are typographical in nature. Stated that issues of Adult Entertainment businesses will be addressed under Phase II. Said that she is available for any questions. . . . . . . . . . . . Commissioner Gibbons sought clarification that the two issues raised in Study Sessions, Adult Entertainment and Enforcement, would be part of Phase II. Director Sharon Fierro replied yes. Chair Doorley opened the Public Hearing for Agenda Item No.1. Mr. George Depold, 1111 Bent Drive, Campbell: . Explained that his property is located between Bascom and Leigh A venues where he has resided since 1959. . Complimented the Planning Commission for what they are doing around Campbell and specifically mentioned the Heritage Theatre. . Stated that it is a pleasure to be a citizen of Campbell. . Expressed support for having the minimum front yard setback for residential properties increased from 15 to 20 feet. . Added that this larger residential setback is better for children and motorists. . Explained that his neighborhood, the Dry Creek Ranch Subdivision, was established with restrictions for 25-foot front setbacks. . Expressed concern that a neighbor plans an expansion of his home at the front and the potential impacts on the character of their neighborhood if this home has a less than 25-foot setback. . Said that the role of government is to preserve. ~. '.. r' Planning Commission Minutes of February 24, 2004 Page 5 . Asked if it is possible to enforce the 25-foot minimum setback imposed by his subdivision in 1957 or alternately to include wording in the Code that would require matching the setback pattern for the block. Director Sharon Fierro: . Pointed out that the existing code allows a 15-foot minimum front yard setback, except for driveways, which must have a minimum 25-foot setback from the public right-of-way to allow room to park a vehicle and still open the garage door. . Added that the proposal is to increase the minimum standard for the house to be 20 feet. . Agreed that there are neighborhoods with larger lots and greater front yard setbacks. . Restated that Mr. Depold is expressing support for a 25-foot minimum setback. Chair Doorley asked City Attorney William Seligmann if the standard set in 1957 for Mr. Depold's subdivision could be enforced. City Attorney William Seligmann replied possibly. He added that nothing being done today would prevent enforcement of CC&Rs. Commissioner Hernandez added that some neighborhoods have to also count existing easements when determining their front property line and subsequent setbacks. Director Sharon Fierro added that an illustration on how to determine a property line is depicted on page 3-14. Commissioner Rocha reminded that in the past it has been determined that there must be an active and functioning Homeowners' Association in place in order to enforce CC&Rs. Director Sharon Fierro advised that it is not practical to think that there is an association in place for Bent Drive after all those years. Chair Doorley pointed out that a 25-foot minimum would make many lots in the City non- conforming. Commissioner Gibbons said that one has to balance the rights of property owners with the interests of neighborhoods. Reminded that it was determined not to be doable to have different setback standards neighborhood by neighborhood. Director Sharon Fierro restated that driveways must be 25 feet back. Commissioner Gibbons said that she found it hard to refer back to text with illustration 3.1. She added that with illustration 3.2, whatever standard is more constrained, between fencing and housing setback standards, is the one that governs. Director Sharon Fierro asked City Attorney William Seligmann whether these illustrations could be clarified prior to Council review without the need to have the Planning Commission continue its action. -,. .- r' , T Planning Commission Minutes of February 24, 2004 Page 6 City Attorney William Seligmann said that as long as the Commission gives that recommendation. Commissioner Rocha asked if larger scale illustrations are possible. Director Sharon Fierro replied yes. Commissioner Gibbons: . Said that lots of Study Sessions have been held and that an enormous effort on the part of staff has taken place with lots of comments and issues raised. . Expressed her appreciation for the patience and perseverance of staff. Director Sharon Fierro thanked Commissioner Gibbons and said it has been a team effort. Commissioner Gibbons suggested that encroachments into the front yard setbacks not be allowed for elements such as bay windows when the design guidelines are formulated. Chair Doorley closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Francois, the Planning Commission took the following actions: 1. Adopted Resolution No. 3541 recommending that the City Council adopt a Negative Declaration for the City of Campbell Zoning Code Update (Title 21 - Campbell Municipal Code); and 2. Adopted Resolution No. 3542 recommending that the City Council adopt a Comprehensive Amendment to the Campbell Zoning Code (Title 21 of the Municipal Code) including the text and diagram amendments, by the following roll call vote: A YES: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: Alderete ABSTAIN: None Chair Doorley advised that this item would be considered by Council for final action at its meeting of March 16.2004. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: . Advised that at its last meeting, Council extended the Redevelopment Agency's power of eminent domain. . Reported that the next Planning Commission agenda will include two items. . Added that Study Sessions will occur beginning next month. ~ . ... T' Planning Commission Minutes of February 24, 2004 Page 7 Commissioner Gibbons announced that she would have to recuse herself from one item on the next agenda as she lives within 500 feet of the project site. ADJOURNMENT The Planning Commission meeting adjourned at 8:23 p.m. to the next Regular Planning Commission Meeting of March 9, 2004. SUBMITTED BY: ATTEST: ~'~ ~fi~ I~ Sharon Fierro, Secretary APPROVED BY: - . ,- T'