PC Min - 06/11/2013CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M.
The Planning Commission meeting of June 11, 2013, was called to order at 7:30 p.m.,
in the Council Chambers, 70 North First Street, Campbell, California by Chair
Reynolds and the following proceedings were had, to wit:
JUNE 11, 2013
CITY HALL COUNCIL CHAMBERS
TUESDAY
ROLL CALL
Commissioners Present:
Chair:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Philip C. Reynolds, Jr.
Paul Resnikoff
Brian Brennan
Pam Finch
Bob Roseberry
Commissioners Absent
Staff Present:
APPROVAL OF MINUTES
Commissioner:
Commissioner:
Community
Development Director:
Associate Planner:
City Attorney:
Recording Secretary:
Elizabeth Gibbons
John Razumich
Paul Kermoyan
Daniel Fama
William Seligmann
Corinne Shinn
Motion: Upon motion by Commissioner Roseberry, seconded by
Commissioner Finch, the Planning Commission minutes of the
meeting of May 28, 2013, were approved as submitted. (4-0-2-1;
Commissioners Gibbons and Razumich were absent and
Commissioner Finch abstained)
Campbell Planning Commission Minutes for June 11, 2013
Page 2
COMMUNICATIONS
There were no communications items.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
ORAL REQUESTS
There were no oral requests.
***
PUBLIC HEARINGS
Chair Reynolds read Agenda Item No. 1 into the record as follows:
PLN2013-47 Public Hearing to consider the application of Frank Deamant for
Deamant, F. a Tentative Parcel Map and a Variance (PLN2013-47) for atwo-
lot single-family residential subdivision with a substandard
access way to the rear lot on property located at 1315 Burrows
Road in an R-1-10 (Single Family Residential) Zoning District.
Staff is recommending that the project be deemed Categorically
exempt under CEQA. Planning Commission action final unless
appealed in writing to the City Clerk within 10 calendar days.
Project Planner: Daniel Fama, Associate Planner
Mr. Daniel Fama, Associate Planner, presented the staff report as follows:
• Reported that the applicant is seeking approval of a Tentative Parcel Map with a
required Variance.
Stated that the project site is on Burrows Road, on the south side of Hacienda. It is
a 31,000 square foot property in an R-1-10 (Single Family Residential) zoned
property. The site is subject to the provisions of the San Tomas Area
Neighborhood Plan (STANP). The General Plan land use designation is Low-
Density Residential. There is currently asingle-family residence on the property
that will remain.
Explained that this proposed parcel map will create a new flag lot with the new
parcel to the rear. Both will overall be 15,682 square foot parcels. Since the
access driveway is part of the rear parcel, the developable portion of the rear parcel
is actually 13,164 square feet.
Advised that the typical width required is 80 feet with a standard 15-foot wide
access to the rear lot. While the parcel lot width can be achieved, the balance
available for the driveway access is short by 2.36 feet and is too narrow to meet the
standard requirement. This deficit created the need to request a Variance to allow
a reduced access way width.
Stated that a 12.37 foot access is the minimum required to allow a subdivision.
Campbell Planning Commission Minutes for June 11, 2013 Page 3
• Said that the applicant is requested a Variance for the reduced access width in
order to be able to retain the existing house and still meet required setbacks for
said house.
• Listed the required findings to support this Variance include finding that there is
some unique characteristic of the site that renders it unable to meet current
standards and that the Variance is offering minor relief from the standards.
• Reminded that this is a 30,000 square foot lot, which is three times the required lot
size for its zoning designation (R-1-10). It is just 2.5 feet too narrow to meet all of
the subdivision requirements and creates an unnecessary hardship for the property
owner to develop a property of this size.
• Added that this is seen as a minor deviation that staff can support. The project
results in a reasonable amount of development while maintaining the single-family
environment.
• Said that this Variance request equals a driveway easement.
• Pointed out that there is an existing storm drain in front of where the rear lot would
have to exit. This easement allows the project to move forward without having to
relocate that storm drain although a rear lot is not supposed to access from an
easement to avoid creation of a landlocked parcel. It is ideal for a rear lot to have
direct access to the street.
• Advised that the applicant would be required to widen the curb cut if (and or when)
the existing house is ever demolished and reconstructed.
• Said that the landscaping will help create the appearance of a standard 15-foot
wide access way.
• Reiterated that the 10-foot portion of the driveway would be extended to 12.7 feet in
the event that a new house replaces the existing front residence in the future.
• Recommended the adoption of a resolution approving a Tentative Parcel Map with
a Variance subject to the conditions of approval.
Commissioner Resnikoff asked if the conditions requiring changes if the front house is
redeveloped, does that mean that home must be completely razed?
Planner Daniel Fama explained that it would be whether a house is either completely
or mostly reconstructed or as defined in the updated building code. The Building
Official makes the determination when a remodel is such that it has made an existing
home into a new home even if a portion of the existing home is retained.
Chair Reynolds asked staff if the requirement to widen the drive with future
redevelopment is for aesthetic reasons or fire access.
Planner Daniel Fama explained that Fire is allowing an exception to the drive width in
this case as fire trucks would never go down this driveway, just ambulances would. He
agreed that the width also serves an aesthetic purpose.
Chair Reynolds opened the Public Hearing for Agenda Item No. 1.
Mr. Hunter Reid, Resident on Hacienda Court:
• Said he thought the City was not allowing flag lots as much.
Campbell Planning Commission Minutes for June 11, 2013 Page 4
• Pointed out that Juanita Way is a street with big lots and no flag lots. Instead they
are getting McMansions there of 5,000 square feet or so.
• Admitted that he prefers a McMansion to a flag lot here.
Commissioner Brennan asked Mr. Reid why he felt that way.
Mr. Hunter Reid:
• Said that there are already so many flag lots in Campbell.
• Added that his concerns are traffic and ability for fire trucks to reach the back.
• Pointed out that the lots on Juanita are deep as well.
• Stated that he is just concerned about clutter and quality of life in the area.
Ms. Dorit Alon, Representative for Owner/Applicant:
• Explained that Mr. Reid fears that someone will build atwo-story house that
overlooks his pool and yard, which is an understandable concern.
• Said that there would be additional review for any house proposed for this rear lot
in the future at which time this concern can be addressed.
Chair Reynolds closed the Public Hearing for Agenda Item No. 1.
Commissioner Resnikoff provided the Site and Architectural Review Committee report
as follows:
• SARC reviewed this proposal at its meeting on May 14, 2013, and was generally
supportive.
• Said that comments included the suggestion that there be a future obligation to
complete the improvements if a new house were to be constructed in place of the
existing front residence.
• Added that future obligations would be encumbered through a condition of approval
requiring them as part of the construction of a new house. That encumbrance
would be recorded on the property title.
Commissioner Finch:
• Admitted that she is concerned about access to the rear for safety reasons.
• Said she understands that no fire trucks will go down this driveway.
• Stated that she is concerned that this is not a minimum 15 feet.
Commissioner Resnikoff:
• Pointed out that it came up at SARC that if a two-story home were constructed on
the back lot and it was on fire, the Fire Department would come back with a ladder.
• Added that it bothers him to hear that Fire won't go back there.
• Suggested that it could be the house at the back would need to be limited to a
single-story.
Commissioner Roseberry:
• Responded that as to the fire issue, the Fire Department would run a line down to
the back.
Campbell Planning Commission Minutes for June 11, 2013 Page 5
• Added that the house at the back would have to have automatic fire sprinklers if
more than 100 feet of fire hose were needed to reach back there.
• Said that he is hesitant to grant this as this is one of the bigger lots down there.
He'd rather see it kept as one lot.
• Stated that the proposed Variance allowing just a 32-inch reduction in the driveway
is not that big.
• Reiterated that this is one of the biggest lots down there and that even when split
both lots will still be 13,000 square feet that are still bigger than most in the area.
• Pointed out that this is an unusual property. It is not like the rest in the
neighborhood.
• Concluded that he would support this request.
Director Paul Kermoyan:
• Clarified that the access way width of 15 feet is not per State Code but rather what
the City requires.
• Added that Fire needs a 10 to 12-foot wide access drive and not 15 feet. The other
part of the City's required 15-foot width is to accommodate landscaping.
Commissioner Finch asked about the easement on the front property including the
triangular portion of the driveway and easement of 2.5 feet.
Director Paul Kermoyan said that the 2.5 feet is not an easement but rather a
restriction on obstructing that 2.5 foot area.
Commissioner Finch asked how that restriction would be policed.
Director Paul Kermoyan said via a Deed Restriction. This is no different than any other
requirement imposed on a property.
Planner Daniel Fama added that they would be installed prior to being finaled.
Commissioner Resnikoff asked about the landscape restriction.
Director Paul Kermoyan said that that is at the choke point where the access drive
width goes down to 10 feet.
Commissioner Resnikoff asked if Condition No. 7 would be removed.
Director Paul Kermoyan replied no.
Commissioner Resnikoff asked what if they built another house on the front lot.
Director Paul Kermoyan said that Conditions 9 and 10 would kick in to extend the 12.5-
foot-wide access drive all the way to the end if the existing house is replaced.
Commissioner Brennan asked why scrimp on access driveway width rather than on
setbacks.
Campbell Planning Commission Minutes for June 11, 2013 Page 6
Planner Daniel Fama:
• Said that was a good question.
• Reported that the setbacks are a part of the STANP. The STANP is a part of the
General Plan. There are no Variances to the General Plan allowed.
Chair Reynolds:
• Said that he was okay with the access.
• Stated that he liked Commissioner Roseberry's comments about the fire sprinkler
requirements.
• Added that the requirement for fire sprinklers is coming into play with a lot of new
development throughout the State.
• Admitted that he is not keen on flag lots.
• Said that a back flag lot is nicer than a front flag lot.
• Addressed Mr. Reid's concerns by saying that he personally would like to see more
orchards but it is also important to remember personal property rights.
• Assured Mr. Reid that this Commission would offer him the same respect for
property rights if he were the one to come forward in the future with a proposal for
his property.
• Advised that he would support this request.
• Pointed out that the City is under the obligation to increase the number of living
units in the City.
• Stated that this request is within the guidelines and he will support it.
Commissioner Roseberry said that staff did a great job making this project work for
everybody and he was prepared to make a motion.
Motion: Upon motion of Commissioner Roseberry, seconded by
Commissioner Brennan, the Planning Commission adopted
Resolution No. 4105 approving a Tentative Parcel Map and a
Variance (PLN2013-47) for a two-lot single-family residential
subdivision with a substandard access way to the rear lot on
property located at 1315 Burrows Road in an R-1-10 (Single
Family Residential) Zoning District, subject to the findings and
conditions of approval, by the following roll call vote:
AYES: Brennan, Finch, Resnikoff, Reynolds and Roseberry
NOES: None
ABSENT: Gibbons and Razumich
ABSTAIN: None
Chair Reynolds advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.
***
Campbell Planning Commission Minutes for June 11, 2013 Page 7
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Paul Kermoyan offered the following updates in addition to his written report:
• Reminded the Commission about the Council Study Session to be held on June
18th to discuss the Housing Element Update. The Council will determine process.
After that, the process will begin. A consultant will be secured and this update will
get going sooner rather than later.
• Added that members of the Planning Commission are welcome to attend this
Council Study Session.
• Advised that as there is potential for a number of interested attendees, the Council
may use the Council Chambers to conduct this study session.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:03 p.m. to the next Regular
Planning Commission Meeting of June 25, 2013.
SUBMITTED BY:
APPROVED BY:
ATTEST:
Corinne inn, Recording Secretary