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PC Min 03/26/2002CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MARCH 26, 2002 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of March 26, 2002, was called to order at 7'30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Francois, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Tom Francois Joseph D. Hernandez Bob Alderete George Doorley Elizabeth Gibbons Commissioners Absent: Commissioner: Commissioner: Brad Jones Felicia Leonard Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner II: City Attorney: Reporting Secretary: Sharon Fierro Geoff I. Bradley Tim J. Haley Darcy Smith William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission minutes of March 12, 2002, were approved. (5-0-2; Commissioners Jones and Leonard were absent) COMMUNICATIONS. 1. Letter from The Home Church requesting continuance of Agenda Item No. 3. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements Planning Commission Minutes of March 26, 2002 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chair Francois read Agenda Item No. 1 into the record. PLNZ002-120 (PM) PLN2001-125 (PD) PLNZ00Z-ZZ (TRP) Lu Levitt, S. Public Heating to consider the application of Ms. Shirley Lu Levitt for consideration of a Tentative Parcel Map (PLN2001-120) to create two lots, a Planned Development Permit (PLN2001-125) to allow the construction of a new single family residence and a Tree Removal Permit (PLN2002-22) to allow the removal of one 31-inch diameter Ailanthus altissima tree on property owned by Ms. Shirley Lu Levitt located at 154 Sunnyside Avenue in a P-D (Planned Development) Zoning District. This project is Categorically Exempt. Tentative City Council Meeting Date: April 16, 2002. Project Planner: Darcy Smith, Planner II Ms. Darcy Smith, Planner II, presented the staff report as follows: Advised that the applicant is seeking approval of a Planned Development Permit to allow a new 2,617 square foot single-family residence; a Tentative Parcel Map to create two lots and a Tree Removal Permit to allow the removal of one tree. Described the project site as being on the south side of Sunnyside Avenue, east of Industrial Way. Said that there is currently a single-family residence with detached garage on the project site and that this residence is included on the City's Historic Resource Inventory. The structure was constructed in 1905. Advised that the General Plan Land Use designation is Low to Medium Density Residential with 6 to 13 units per gross acre. The proposed density is 8.5 units per gross acre. · Added that the Zoning is Planned Development and that this proposal is consistent with the Zoning. · Said that the proposed new residence would be a detached two-story residence located to the rear of the property with a shared drive at the east side. The existing home will be preserved. · Said that the new home will feature horizontal siding, a hipped and gable roof, composition shingle and a prominent porch feature. Parcel One will have a one-car carport and Parcel Two will have a two-car garage. · Informed that the Historic Preservation Board reviewed this proposal on February 27, 2002, and was supportive. The Site and Architectural Review Committee reviewed this proposal on March 12, 2002. Commissioner Doofley was not supportive due to the use of a flag lot while Commissioner Jones was supportive. · Suggested that the Commission forward Resolutions to Council recommending approval of this project. Planning Commission Minutes of March 26, 2002 Page 3 Commissioner Gibbons: · Said that the information for Parcels One and Two appear to be reversed in one portion of the staff report that pertains to provision of parking. · Questioned why one parcel would require four spaces while the other only requires two. · Asked if fencing has been discussed. Planner Darcy Smith replied that fencing would be reviewed together with the landscape plan. Commissioner Hernandez asked if staff has any concern regarding flag lots on an historic property. Do considerations for a historic structure include what occurs on the property itself or simply with the structure. Planner Darcy Smith: · Replied that the concern is with the historic structure itself. There is interest in retaining this house as it is included on the Historic Resource Inventory although it is not listed as a Landmark. · Added that the applicant has worked very hard to compliment the proposed new house to the existing front house. Commissioner Gibbons asked if this project is compliant with the residential requirements. setback Planner Darcy Smith replied that this project meets all setbacks. Commissioner Doofley provided the Site and Architectural Review Committee report as follows: · SARC reviewed this project on March 12, 2002. · Advised that Commissioner Jones was supportive while he was not. Chair Francois opened the Public Heating for Agenda Item No. 1. Mr. Tom Black, 132 Sunnyside Avenue, Campbell: · Stated that the look of this new house is great. · Reminded that he has a similar project underway two doors down that received Planning Commission approval approximately a month ago. · Said that this is a good use of the neighborhood but that he does have some concerns, primarily parking. · Pointed out that his project required the provision of 3.5 parking spaces per unit. Senior Planner Geoff Bradley advised that the standard for residential is one garage space and one driveway space. When a project is considered more like a townhome, the 3.5 space requirement is imposed. For this project, four spaces are provided for the rear house that will rely totally on on-site parking and two for the front house, which can also utilize street parking. Mr. Tom Black: · Reiterated that he had to provide seven parking spaces for his project. · Expressed concern that this project will create more demand for street parking. Planning Commission Minutes of March 26, 2002 Page 4 · Asked that the project be required to meet minimum parking requirements. · Pointed out that the tandem parking proposed for the front unit is too inconvenient. · Stated that the proposed use of fiver rock on the posts for the rear house are not consistent with the front house. Chair Francois asked Mr. Black if he had addressed the use of river rock with staff Mr. Tom Black replied no. Mr. Kris Moe, 148 Sunnyside Avenue, Campbell: · Said that his only issue with this proposal is the impact on natural light for his home. The new home will block natural light through two larger windows at that elevation of his home. · Asked that the proposed home be moved a couple of feet to minimize the loss of light and that a tree be planted to assist with privacy impacts. Commissioner Hernandez asked Mr. Moe how far his home is set back from this shared property line. Mr. Kris Moe replied five feet. Mr. Dave Russ, 146 Sunnyside Avenue, Campbell: · Stated his concern for parking impacts and agreed with the concern that Mr. Moe expressed over lighting impacts on his home as a result of the construction of a new home adjacent. · Asked what the plans are for fencing. Senior Planner Geoff Bradley advised that if the fence were damaged during construction, the applicant would have to replace it. If not, the replacement of the fence would need to be handled between the two property owners at a shared cost. Mr. Dave Russ pointed out that this fence is in bad shape. Commissioner Gibbons asked if different parking standards were applied to Mr. Black compared to this proposal. Senior Planner Geoff Bradley replied that the same requirement was applied differently in order to be able to retain the existing historic house. Commissioner Gibbons stated that this project should be required to provide 3.5 spaces just as Mr. Black had to do. Mr. Mark Snow, Applicant's Representative: Agreed that parking is an issue. · Said that this project preserves a better neighborhood sense. · Said that the reason for the placement of the home was to screen the massing from view at the street. · Advised that the use of fiver rock was included at the direction from staff. Planning Commission Minutes of March 26, 2002 Page 5 · Pointed out that this project has an FAR of 42. Even with an addition to the existing historic house, the final FAR will be no more than 52 percent. · Stated that they have worked hard with staff to design this project and believe that this is a good project. Chair Francois asked if the house could be moved to better share the available space between the house with its two side setbacks. Mr. Mark Snow said that they are willing as long as staff says it is okay to do so. Assured that they are willing to work on this issue. Chair Francois closed the Public Hearing for Agenda Item No. 1. Commissioner Gibbons asked about the turf block area and whether it was intended to serve as a turnaround area. Senior Planner GeoffBradley said that this was indeed intended as a turnaround area. Commissioner Hemandez: · Agreed with Mr. Black's concern over parking, particularly for the front parcel. · Supported the idea of shiffing the house over a few feet per Mr. Moe's request to alleviate impacts on natural light into Mr. Moe's home. · Said that he would support the replacement of a tree between the adjacent duplex and this new home. · Stated that he is struggling with the parking issue. Commissioner Gibbons said that she would propose postponing this item for further discussion on parking for the front unit, the use of river rock as a finishing detail and the location of the rear structure. Commissioner Hernandez said that a continuation is a fair proposal. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission continued consideration of PLN2001-120 (Parcel Map); PLN2001-125 (Planned Development) and PLN2002-22 (Tree Removal Permit) on property owned by Ms. Shirley Lu Levitte located at 154 Sunnyside Avenue to the Planning Commission meeting of April 23, 2002, with the following instruction to staff to provide more information to: 1. Consider additional parking for the front unit; 2. Reposition the rear unit to share the available space on both side setbacks; 3. Tree replacement between the adjacent duplex and the new home; and 4. Reconsideration of use of river rock as a finish detail; and 5. Discussion of proposed fencing. (5-0-2; Commissioners Jones and Leonard were absent) Planning Commission Minutes of March 26, 2002 Page 6 Chair Francois read Agenda Item No. 2 into the record. . PLN2001-128 (ZC) PLN2001-129 (PD) PLN2001-130 (TM) PLN2002-05 (TRP) Neale, C. Public Heating to consider the application of Mr. Chris Neale, on behalf of Coroem Builders to consider a Zone Change (PLN2001- 128) from P-D (Planned Development) to C-P-D (Condominium Planned Development); a Planned Development Permit (PLN2001- 129) to allow the construction of 29 residential condominium units; a Tentative Subdivision Map (PLN2001-130) to create 29 condominium units and one common lot; and a Tree Removal Permit (PLN2002-05) to allow the removal of 27 trees on property owned by Coroem Builders located at 117 Gilman Avenue in the P-D (Planned Development) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: May 7, 2002. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Informed that this project represents the redevelopment of the former Campbell Trailer Court on the northwest comer of Sam Cava and Cfilman Avenue, where 32 recreational vehicles were previously inhabited until the site was vacated in August 2000. · Described the proposal as a 29-unit condominium project with 11 one-bedroom units and 18 two-bedroom units above a subterranean parking structure. · Advised that this site is located in the SOCA (South of Campbell Avenue) Special Study Area that promotes mixed-use commercial/residential development. · Said that the allowable density is 12 to 24 units per gross acre and this proposal is developed at 22.6 units per gross acre. · Stated that the Zone Change request would change the existing P-D (Planned Development) to C-P-D (Condominium/Planned Development). · Advised that the Planned Development Permit seeks approval for 29 condominium units over a podium parking structure with 18 units fronting on the street and 11 to the rear of the property. · Said that the proposed landscape equals 43 percent of the site and includes a combination of shared plaza areas and private yards. · Advised that this site is located close to the future Light Rail expansion as well as Downtown Campbell. · Described the architectural style of this project as Craftsman, which will incorporate porches and traditional building forms. · Said that 27 trees are currently located in the building envelope that will require removal. The applicant will replace those trees. · Said that the parking will be provided in a garage located beneath the condominium units. The total provision of parking equals two spaces per unit or a total of 58 parking spaces. Some one-bedroom units will be assigned just one space to leave some parking unassigned to serve visitors and provide disabled parking spaces. · Informed that the proposed development schedule calls for construction to begin within two years of final approval and to be completed two years after construction begins. · Said that SARC reviewed this project on February 26, 2002. Planning Commission Minutes of March 26, 2002 Page 7 Recommended approval of a Negative Declaration and the adoption of four resolutions in support of the Zone Change, Planned Development Permit, Tentative Subdivision Map and Tree Removal Permit for final action by Council. Commissioner Doofley asked staff for the parking criteria used. Associate Planner Tim J. Haley advised that the criteria included several facts. One being that the project is in close proximity to the future Light Rail Expansion as well as the Downtown Area. Additionally, these condominium units are smaller in square footage that include only one and two bedroom units. Most of the condominiums seen in the past by this Commission have been larger three bedroom units. Commissioner Hernandez asked staff if there have been other such developments in Campbell. Associate Planner Tim J. Haley: · Advised that this project represents a new building form and there is no historic use to study in Campbell. However, staff does not find this project to be out of line and is, in fact, similar to the recently completed Summerhill project as for provided parking. · Added that there is also on-street parking available in front of these proposed units. · Concluded by stating that staff is comfortable with the amount of proposed parking. Commissioner Hernandez asked if there is any data available from the Summerhill project as to whether parking has been an issue. Senior Planner GeoffBradley: · Replied that this project is just recently fully occupied. To date, no complaints have been received. · Added that the Gateway Project in Downtown Campbell included 20 apartments with one parking space per unit. That project is working out very well. Commissioner Doofley asked if he was recalling correctly that the Loft Project was designed with 3.5 spaces per unit. Senior Planner Geoff Bradley replied that the project came in at a parking provision of 1.8 parking spaces but staff held out for two spaces per unit. Associate Planner Tim J. Haley reminded that since this project includes dose to one acre, there is a substantial amount of street frontage. He added that there is no problem with parking at the Canyon Creek apartment complex. Commissioner Hernandez asked if there is an opportunity to increase the percentage of affordable units from 15 percent. Associate Planner Tim J. Haley advised that the Redevelopment Agency could participate further if agreement is reached with the developer. The minimum requirement for affordable units is 15 percent and the applicant is providing those. Planning Commission Minutes of March 26, 2002 Page 8 Commissioner Gibbons asked if the parcels are being approved tonight. Associate Planner Tim J. Haley replied that the project includes the division of airspace units for 29 condominiums. Commissioner Gibbons said that she takes issue with the future maintenance of common area landscaping. Associate Planner Tim J. Haley advised that there will be CC&Rs to handle the maintenance of the common areas while the rear units will have a small private yard space. Commissioner Gibbons pointed out that an inordinate number of unresolved issues appear to be going back to the Community Development Director. Commissioner Hemandez provided the Site and Architectural Review Committee report as follows: · SARC considered this proposal on February 26, 2002, and was supportive with some concern over the proposal for phasing this project and the suggestion for some sort of treatment for the commercial walls. Chair Francois opened the Public Hearing for Agenda Item No. 2. Ms. Julie Belanger, 101 Gilman Avenue/60 Dillon Avenue, Campbell: · Stated that the proposal for providing only five spaces for visitors for 29 condominium units is inadequate. · Said that this project will have a significant impact on an area that is served by large trucks. · Suggested that there has been no consideration of that fact. Senior Planner Geoff Bradley agreed that truck traffic has been an on-going enforcement problem in the area but said that this project would not increase that problem. Director Sharon Fierro: · Pointed out that there was previously housing on this property and this project is not introducing housing where it was not before · Added that there are currently 20 percent residential uses in this area. · Said that the General Plan encourages a mix of residential/office/industrial uses due to the proximity to Light Rail and the Downtown. · Reminded that this is a transition area. · Expressed comfort with the Environmental Assessment done for this project. Ms. Julie Belanger: · Pointed out concerns for traffic impacts, particularly the ramp for exiting the parking area, which will have a major impact on the area. · Advised that her business has 45 employees, many who must park on the street. · Stated that parking is already a big issue up and down the street and that she is concerned over the safety of children. Planning Commission Minutes of March 26, 2002 Page 9 Mr. Bill Robowski, 6130 Via De Las Abujas: · Asked how this project got to be so large with 29 units when it was originally much smaller with something like 14 units. Senior Planner Geoff Bradley pointed out that this project began as 11 single-family homes, which later became condominiums. Mr. Bill Robowski said that he drove a truck for 17 years and there are safety issues to be considered with large trucks. Stated that approval of this project would be making a mistake and ignoring the truth. Ms. Dawn Sarkisian, 186 Gilman/187 Dillon/426 Sam Cava, Campbell: · Recommended that an Environmental Impact Report be prepared for Gilman Avenue but cautioned that the current slow economic times do not accurately reflect the traditional traffic of this area. · Pointed out that her company typically runs three shifts but is currently down to one. Director Sharon Fierro: · Said that this is the first time this project has come before the Planning Commission and that the EIR referred to by Ms. Sarkisian was done for the General Plan Update. · Added that there are no significant impacts from this project that would require the preparation of an Environmental Impact Report. · Said that staff is recommending a Negative Declaration to reflect no significant impacts. Steve Belanger, 101 Gilman Avenue, Campbell: Identified himself as an adjacent industrial neighbor. Stated that the previous use of this property was dramatically under populated by automobiles as these were low-income people living in auto style trailers. Expressed concern over the provision of only one exit from the parking structure, which he said seems dangerous. Pointed out that the street parking is already taken all day long. Asked what provisions would be in place during a lengthy construction period to protect the interests of the existing businesses in the area. Director Sharon Fierro pointed out that construction is allowed in this area and will occur. Added that emissions would be controlled, including dust and airborne. Construction hours are the same as normal business hours (8 a.m. to 6 p.m., Monday through Friday) and could also include weekend construction with authorization by the Building Official. Mr. Steve Belanger said that his main concern is the safety of egress from the parking structure and suggested the reduction in the number of units allowed. Commissioner Hernandez: · Said that this area is earmarked for transition and this is a good site for that. · Stated that the Commission owes it to the community to do this project fight and it appears that all the wrinkles have not yet been ironed out. Planning Commission Minutes of March 26, 2002 Page 10 · Expressed concern for the plans to phase this project and suggested shortening the time frame. Commissioner Doorley: Shared the concerns of Commissioner Hernandez. · Agreed that transitions are uncomfortable. · Said that he has concerns about the proposed parking provision. · Said that this project may be too much. Twenty-nine units may simply be too much for this space. Commissioner Alderete: · Expressed his agreement. · Said that the Commission needs to take care to address the concerns raised by the community. · Pointed out that there is a requirement to provide affordable housing near public transportation but he wants to see that it is done well. Commissioner Gibbons: · Said that this project demonstrates a struggle with the implementation of General Plan changes in this area. · Said that the Commission is committed to working with that and that she concurs with the comments made by the other Commissioners. · Said that this is the most difficult site on which to begin due to its proximity to existing businesses. · Said that there are lots of unresolved issues and suggested an added Condition that there be no construction impacts on the street. · Agreed that the comer driveway is an issue and shared the concerns raised with regards to the proposal to phase this project. · Suggested that the whole street frontage should be constructed first. · Asked staff to ensure that the required clearance for handicapped access is provided in the parking garage. · Proposed the inclusion of a pull off area for deliveries. · Stated that this is a nicely done project but is a real tough place to start the transition of the area. · Suggested a continuance to work out issues raised. Director Sharon Fierro pointed out that the applicant has not yet had the opportunity to address the Commission. Mr. Chris Neale, Applicant, Coroem Builders: · Advised that the Redevelopment Agency has affordable units and the idea is under investigated. · Pointed out that control over landscaping is Homeowner's Association. addressed increasing the number of greater with the establishment of a Said that while they prefer to build the entire project as one phase, financial constraints most likely will prevent that. If possible, they would build under one phase. Planning Commission Minutes of March 26, 2002 Page 11 · Said that the construction period per phase is about nine months. · Made himself available for any questions. Commissioner Hernandez asked if Mr. Neale has any safety concerns with visibility for those existing the garage from the ramp. Mr. Chris Neale: · Pointed out that this project represents the first step of a vision for this area. · Agreed that the residents would have to be aware and careful as they leave the garage. · Suggested that any concerns could be mitigated though use of signage as well as minimizing the parking around the driveway to allow clear visibility. Senior Planner Geoff Bradley pointed out that City staff, including the Traffic Engineer, has reviewed the parking exit carefully. The site line distance has been considered as well as the potential for one driveway or two. This garage is sprinklered and the Fire Department has no problem with the provision of one exit. Commissioner Hernandez asked Mr. Neale if they have an estimated date for breaking ground on this project. Mr. Chris Neale replied that they are targeting early Fall. Commissioner Hernandez asked Mr. Neale if he is willing to work further on the issues raised this evening. Mr. Chris Neale replied that their current schedule is based on the assumption that the project would move forward tonight. Commissioner Hernandez asked if a one month delay would have a huge impact. Mr. Chris Neale: · Replied that in his experience a one-month delay usually lasts longer. · Said that they plan to behave as responsible neighbors during the construction of their project and will be accessible to the neighbors to make construction as easy as possible on everyone. Commissioner Gibbons asked Mr. Neale if he knows the slope of the garage ramp. Mr. Chris Neale replied no, saying that the project goes from grade to seven feet below. Mr. Richard Handlen, Project Architect, EDI Architecture, Inc., 450 Sansome, Second Floor, San Francisco: · Advised that the slope of the garage ramp is eight percent. · Added that the garage is tall enough to meet the handicapped requirement. Mr. Bill Robowshi asked if the sewer laterals would be upgraded with this project. Planning Commission Minutes of March 26, 2002 Page 12 Mr. Chris Neale said he was not sure. Mr. Bill Robowski said that, if so, this would be a huge concern, as this work would block the street. Commissioner Doorley said that 29 units might be too many. While 11 units may be too few, 29 are too many. Commissioner Hernandez: · Stated that the project is on the right track even with a few problems that might need to be worked out. · Agreed that this is a good transition area that is near mass transit. · Expressed support for a continuance of one month. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Gibbons, the Planning Commission continued consideration of a Zone Change (PLN2001-128) from P-D (Planned Development) to C-P-D (Condominium Planned Development); a Planned Development Permit (PLN2001-129) to allow the construction of 29 residential condominium units; a Tentative Subdivision Map (PLN2001-130) to create 29 condominium units and one common lot; and a Tree Removal Permit (PLN2002-05) to allow the removal of 27 trees on property owned by Coroem Builders at 117 Gilman Avenue, to the Planning Commission meeting of April 23, 2002. (5-0-2; Commissioners Jones and Leonard were absent) Chair Francois read Agenda Item No. 3 into the record. 3. PLN2002-04 (M) Hagman Group Public Hearing to consider the application of The Hagman Group, on behalf of The Home Church, for consideration of a Modification (PLN2002-04) to a previous Conditional Use Permit (PLN2000-24) to extend the temporary two-year approval to allow recreational activities, classrooms and meeting rooms in conjunction with the church; allow for the establishment of a church vestibule in a previous restaurant space and approval of a revised canopy along the street frontage of the buildings on property owned by The Home Church at 1711-1765 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. This project is Categorically Exempt. Tentative City Council Meeting Date: April 16, 2002. Project Planner: Tim J. Haley, Associate Planner Chair Francois opened the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Hernandez, the Planning continued consideration of a Modification Planning Commission Minutes of March 26, 2002 Page 13 (PLN2002-04) to a previous Conditional Use Permit (PLN2000-24) to extend the temporary two-year approval to allow recreational activities, classrooms and meeting rooms in conjunction with the church; allow for the establishment of a church vestibule in a previous restaurant space and approval of a revised canopy along the street frontage of the buildings on property owned by The Home Church at 1711-1765 S. Winchester Boulevard to the Planning Commission meeting of April 9, 2002. (5-0-2; Commissioners Jones and Leonard were absent) Chair Francois read Agenda Item No. 4 into the record. 4. PLN2001-51 (M) LaMar, M & T Public Heating to consider the application of Mark and Tyra LaMar for consideration of a Modification to a previously approved Site and Architectural Review Permit (PLN2001-31) to approve an already- constructed modified and raised roof pitch (from original approved plans) for a new single-family residence currently under construction on property owned by Mark and Tyra LaMar at 1099 W. Parr Avenue in an R-l-10 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Geoff I. Bradley Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Informed the Commission that the applicant originally received a Site and Architectural Approval for a new single-family residence in April 2001. · Advised that the applicant modified the roof design to accommodate the HVAC unit in the attic space. The pitch changed for 6 and 12 to 9 and 12. This change increased the height to just below the maximum allowable 28 feet. · Added that this project is still in keeping with the requirements of the San Tomas Area Neighborhood Plan. · Said that staff has added a Condition of Approval requiting the planting of six Redwood trees to help screen the added height from the public right-of-way. · Recommended approval. Commissioner Hernandez asked if there is any penalty for this action. Senior Planner Geoff Bradley replied no. Commissioner Gibbons asked staff to make sure that this applicant is charged all appropriate fees. Commissioner Doofley provided the Site and Architectural Review Committee report as follows: · SARC considered this proposal on March 12, 2002, and was supportive due to the belief that this was simply a miscommunication. Planning Commission Minutes of March 26, 2002 Page 14 · Added that the roof is still below the maximum allowable height and additional trees have been added to provide screening. Chair Francois opened the Public Hearing for Agenda Item No. 4. Mr. Gary Gairaud, 614 Louise Court, Campbell: · Questioned how another staff member approved something that requires Community Development Director approval. Director Sharon Fierro advised that with her authority staff approves items on her behalf. This is generally done with direct consultation and in this case staff was unaware of the impact of approving the additional cantilevered area on the roof height. Mr. Gary Gairaud: · Said that he is against any exceptions to the San Tomas Area Neighborhood Plan. · Suggested that there should be some sort of penalty short of tearing down portions of a constructed roof. · Said that this structure looks much larger than the one that was originally approved in April 2001. Mr. Mark LaMar, Owner/Applicant, 1099 W. Parr Avenue, Campbell: Said that this roof change was a design change made in the field to accommodate the heating unit in the attic space. Said that they added 32 square feet to the cantilever and at that time the roof pitch had not been considered. Stated that they are still within the San Tomas Area Neighborhood Plan guidelines. Pointed out that they have been impacted by a penalty due to the fact that their project has been stopped for two and a half months. That is a penalty in itself. Chair Francois closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3418 granting a Modification to a previously approved Site and Architectural Review Permit (PLN2001-31) to approve an already- constructed modified and raised roof pitch (from original approved plans) for a new single-family residence currently under construction on property owned by Mark and Tyra LaMar by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons and Hernandez NOES: None ABSENT: Jones and Leonard ABSTAIN: None Planning Commission Minutes of March 26, 2002 Page 15 MISCELLANEOUS 5. PC Determination Staff Hearing for adoption of a resolution making a finding under Government Code Section 65402 that the disposition of Property owned by the Campbell Redevelopment Agency at the intersection of Harrison Avenue and Civic Center Drive for use as a mixed use commercial building is consistent with the General Plan. Project Planner: Geoff I. Bradley Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Advised that on May 7, 2002, the Redevelopment Agency will consider establishing a DDA with the Robert Hicks Family to sell a 3,500 square foot remnant and vacant parcel, which is proposed for merger with an 11,500 square foot parcel owned by the Hicks Family. · Advised that this site would be redeveloped with a mixed-use project. · Said that per Government Code Section 65402, the Commission must make the finding that this proposed mixed-use commercial building is consistent with the General Plan designation of Central Commercial. · Pointed out that no specific land use is being approved through this action. Commissioner Alderete asked about the brick building and whether this building would be impacted by this development. Director Sharon Fierro advised that the specifics would be discussed when a project comes forward but not right now. Commissioner Gibbons asked if there is a specific reason why the abandonment of Harrison Avenue is not being included. Senior Planner Geoff Bradley replied that there is a specific reason, to keep it as a pedestrian access. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 3419 making the finding under Government Code Section 65402 that the disposition of Property owned by the Campbell Redevelopment Agency at the intersection of Harrison Avenue and Civic Center Drive for use as a mixed use commercial building is consistent with the General Plan, by the following roll call vote: AYES: Aiderete, Doorley, Francois, Gibbons and Hernandez NOES: None ABSENT: Jones and Leonard ABSTAIN: None Planning Commission Minutes of March 26, 2002 Page 16 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development D~rector, was accepted as presented with the following additions: · Announced that the Legacy Bank (Proposed) project was approved by Council on March 19, 2002. · Advised that the next Planning Commission agenda will now have four items, with the continuation of Home Church to that meeting occurring tonight. · Informed that the City of Campbell was one of three cities with a certified Housing Element in the nine-County area served by AB AG. The other two cities were Cupertino and Rohnert Park. · Said that three Commissioners, Hernandez, Gibbons and Doorley, attended the League of California Cities Planners Institute from March 20 through March 22, 2002, in Monterey. · Proposed a Study Session to further review the Gilman Cottages Project. The date of Monday, April 8, 2002, at 6:30 p.m. was selected. Dinner will be provided. ADJOURNMENT The Planning Commission meeting adjourned at 9:35 p.m. to the next Regular Public Hearing on April 9, 2002, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. Corinne A. Shinn, Rec_or~n~ Secretary APPROVED BY: ~/~ ~~,~~//d-~~''-~~'~j Tom Francois, Chair ~ Sharon Fierro, Secretary