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PC Min 04/09/2002CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 9, 2002 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 9, 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: Commissioner: Commissioner: Tom Francois Joseph D. Hernandez Bob Alderete George Doorley Elizabeth Gibbons Brad Jones Felicia Leonard Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Geoff I. Bradley Tim J. Haley Stephanie Willsey William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Leonard, seconded by Commissioner Hernandez, the Planning Commission minutes of March 26, 2002, were approved. (5-0-0-2; Commissioners Jones and Leonard abstained) COMMUNICATIONS. There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements Planning Commission Minutes of April 9, 2002 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chair Francois read Agenda Item No. 1 into the record. 1. CIP 2001-2008 Staff Public Hearing to consider the City of Campbell's 2002-2009 Capital Improvement Plan. These projects are Categorically Exempt. Tentative City Council Meeting Date: May 7, 2002. Project Planner: Geoff l. Bradley, Senior Planner Chair Francois advised that he has a conflict of interest with one item included on the CIP, the traffic signal at Harriet and McCoy, and that he would be abstaining from discussion and vote on that one project of the CIP. Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: Advised that the Planning Commission is being asked to make the finding that this proposed CIP is consistent with the City's General Plan and make the environmental determination that the projects within the CIP are Categorically Exempt. · Stated that the approval of the actual projects within the CIP is under the jurisdiction of Council. · Gave an overview of the process. · Stated that the City's Capital Improvement Plan consists of projects over $25,000 in value and include projects such as street maintenance and the upgrade to the Heritage Theater. The CIP Committee consists of staff from the Police, Redevelopment, Public Works, Community Development, Parks and Recreation, Finance and City Manager's Office. The planning period for the CIP is seven years. The funds for projects included in the CIP come from a variety of sources including Redevelopment, General and Special Funds, which include gas taxes. Stated that since the revenues available are less that anticipated, the projects in the CIP are limited this time around. · Advised that Council has held a Study Session at which time the projects in the CIP were prioritized. Council will conduct hearings in the near future. Mr. Geoff I. Bradley, Senior Planner, continued the staff report as follows: · Advised that the CIP is approved each year, at which time the projected projects are planned out over a seven-year period. The CIP project categories include parks, public facilities, buildings, Redevelopment and streets/signals. · Said that the Planning Commission reviews the CIP for consistency with the General Plan. · Stated that staff finds the projects also to be consistent with the City's area plans, including the San Tomas Area Neighborhood Plan and the Downtown Plan. · Informed that all proposed projects are within exempt categories. · Recommended that the Commission find this CIP to be consistent with the General Plan and forward a recommendation that Council find this CIP to be Categorically Exempt. Commissioner Alderete asked staff how it would like to approach the discussion of the CIP, be it item by item or by category. Planning Commission Minutes of April 9, 2002 Page 3 Director Sharon Fierro suggested that the Commission go through any specific items for which there are questions. Chair Francois opened the Public Hearing for Agenda Item No. 1. Chair Francois reiterated that he would recuse himself from the HarrieffMcCoy/San Tomas Aquino Road signal project. Commissioner Alderete said that he was looking for more strategic objectives for each project. Director Sharon Fierro reminded that the goal of tonight's review is to find the CIP consistent with the General Plan while the Strategic Plan is within the purview of the City Council. Commissioner Alderete questioned the stated public safety objectives for the project of the Animal Shelter. Director Sharon Fierro explained that that project is for a County Animal Control project. City Attorney William Seligmann gave the background that a few years back the County Humane Society got out of the business of housing animals and that the West Valley cities went for a Joint Powers Authority to assume that role. Commissioner Alderete said that he has on occasion called the County for animal services and they were handled. City Attorney William Seligmann advised that it was likely not the County that handled those animal calls. Commissioner Alderete expressed concern over the proposed $500,000 project, which is more than several other projects. Director Sharon Fierro added that this amount simply represents Campbell's share. If Campbell does not participate there would likely be no further animal control services. This money will go toward building a new animal facility. Commissioner Hernandez asked if Campbell is paying a fair share or calculated percentage. City Attorney William Seligmann advised that Campbell is paying an amount based on an agreed-upon formula. Commissioner Alderete questioned the project for storefront improvements. Senior Planner Geoff Bradley advised that this is a four-year-old Redevelopment Agency program that is geared toward the Downtown core. The project allows for minor cosmetic upgrades for up to $10,000 per storefront. Planning Commission Minutes of April 9, 2002 Page 4 Commissioner Doorley asked that his request, for inclusion of the Gateways and Winchester improvement projects to become funded within the CIP, be included in the record of this meeting. Commissioner Leonard pointed out that the Los Gatos Creek Trail extension appears in two places. Once it is listed as a Class One Categorical Exemption and the second time it is listed as a Class Four Categorical Exemption. Senior Planner Geoff I. Bradley advised that this project belongs under the Public Works projects as a Class Four Categorical Exemption. Commissioner Alderete pointed out a typographical error within Objective 1.8. Suggested adding ADA compliance to the curb cuts project as a publicly stated objective. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission found the proposed CIP 2002- 2009 to be consistent with the City's General Plan and recommended that Council find the projects within the CIP to be Categorically Exempt, with the exception of the traffic signal project proposed at Harriet/McCoy/San Tomas Aquino Road, which will be considered separately, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Leonard NOES: None ABSENT: None ABSTAIN: None Chair Francois turned the gavel over to Vice Chair Hernandez for the next motion and left the dais. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission found the proposed traffic signal project proposed at Harriet/McCoy/San Tomas Aquino Road in the CIP 2002-2009 to be consistent with the City's General Plan and recommended that Council find this project to be Categorically Exempt, by the following roll call vote: AYES: Alderete, Doorley, Gibbons, Hernandez, Jones and Leonard NOES: None ABSENT: None ABSTAIN: Francois Chair Francois returned to the dais and assumed the gavel. Chair Francois read Agenda Item No. 2 into the record. Planning Commission Minutes of April 9, 2002 Page 5 2. PLN2002-07 Reyes/Kaewkan Public Hearing to consider the application of Ms. Marie-Rose Reyes and Mr. Chakkrit Kaewkan for consideration of a Conditional Use Permit (PLN2002-07) to allow on-sale beer and wine sales and outdoor seating in conjunction with the Thai Orchid Restaurant on property owned by Mr. Michael Cobler located at 866 E. Campbell Avenue in a P-D (Planned Development) Zoning District. This project is Categorically Exempt. Planning Commission action final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: Informed that the applicant is seeking approval of a Conditional Use Permit for on-sale beer and wine and outdoor seating. · Described the project site as being on the south side of E. Campbell Avenue. · Stated that the restaurant offers both dine in and take out service. The on-sale beer and wine sales would be available only to dine in clientele. The on-sale beer and wine sales is an incidental use to the restaurant operation. · Advised that the outdoor seating would be placed on an existing paved area and would include 16 seats. The total seat count for this restaurant would be 70. · Added that the site requires 24 parking spaces and provides 28, including one handicapped space. A condition of approval has been added to provide one additional handicapped parking space, based on the ratio of one for every 25 spaces. Advised that the Police Department reviewed this proposal and had no objection. Said that SARC reviewed this proposal on March 26th and was supportive. Said that staff finds this proposal to be compatible and recommended approval. Commissioner Hernandez presented the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on March 26th and was supportive as proposed. Chair Francois opened the Public Hearing for Agenda Item No. 2. Chair Francois closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 3420 granting a Conditional Use Permit (PLN2002-07) to allow on-sale beer and wine sales and outdoor seating in conjunction with the Thai Orchid Restaurant on property owned by Mr. Michael Cobler located at 866 E. Campbell Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Leonard NOES: None ABSENT: None ABSTAIN: None Planning Commission Minutes of April 9, 2002 Page 6 Chair Francois advised that this action is final in 10 calendar days unless appealed in writing to the City Clerk. Chair Francois read Agenda Item No. 3 into the record. ge PLN2001-133 Divittorio, R. Public Hearing to consider the application of Roy and Adrienne Divittorio for consideration of a Site and Architectural Review Permit (PLN2001-133) to allow the construction of a new single- family residence on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive in an R-l-10 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission action final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: Informed that the applicant is seeking a Site and Architectural Review Permit to construct a new single-family residence on the east side of Walnut Drive, between W. Parr and Chapman Avenue. The existing single-family residence is to be demolished. · Advised that the proposed 2.6 units per gross acre density is consistent. The zoning is R-l- 10. The project is located in the San Tomas Area Neighborhood Plan area. · Described the proposed residence as being a two-story home, painted light gray with a dark gray composition shingle roof. The project meets setbacks, FAR and height requirements. However, staff does not find that this design meets the design guidelines of the San Tomas Area Neighborhood Plan in terms of scale and mass. · Recommended denial. Commissioner Hemandez asked Planner Stephanie Willsey how long staff has been working with this applicant. Planner Stephanie Willsey replied approximately one year. Commissioner Hernandez asked whether the issues of scale and mass were raised early. Planner Stephanie Willsey replied yes. Commissioner Hernandez asked if there have been attempts between staff and the applicant to work these issues out. Planner Stephanie Willsey replied yes. Commissioner Hemandez presented the Site and Architectural Review Committee report as follows: · Advised that SARC reviewed the project at its meeting of March 26th and recommended approval with the reduction of massing and additional meetings with neighbors. Planning Commission Minutes of April 9, 2002 Page 7 Chair Francois opened the Public Heating for Agenda Item No. 3. Ms. Audrey Kiehtreiber, 1509 Walnut Drive, Campbell: Advised that she and her husband have resided across the street from 1512 Walnut Drive for the last three years. · Stated that the homes in this neighborhood could best be described as modest to medium sized ranch style homes. · Added that this neighborhood retains a rural feel with large lots and mature trees with few two-story homes. · Declared that this proposed residence represents a large, overwhelming presence in this neighborhood, although it is nicely designed. · Proposed a partial second story by bringing the roofline for the two ground floor rooms with cathedral ceilings down to reflect the actual single-story of that part of the house. · Suggested 11 foot ceiling heights instead of 20 foot. · Said that the porch's rounded columns should be toned down. · Asked that the two storage units be brought into compliance. Stated that Storage Unit A should be removed and questioned the legality of Storage Shed Unit B, which is currently being rented out to tenants as a residential unit. Asked if that unit would remain a rental or be turned into storage. · Said that new development sets precedents for future buildings and that new homes should show respect for the present community. · Distributed some photographs of a newer home at Walnut and Chapman as a more compatible example of a new larger home. · Thanked the Commission for the opportunity to address them. Ms. Analise Wrightson, 1570 Walnut Drive, Campbell: · Said that this proposed home is beautiful but out of place for this neighborhood. · Said that she was concerned about the storage structures on the property and said that one (Unit A) was built as recently as two years ago and therefore should not be grandfathered. · Asked if the unit currently being rented would continue as a rental. Mr. Michael Klupfell, 1450 Walnut Drive, Campbell: · Expressed confusion over the fact that the staff report contains findings of support and denial. · Said that he is all for development but it needs to be curtailed a little bit. Commissioner Alderete asked Mr. Klupfell if he could be more specific about his concerns. Mr. Michael Klupfell said not really. He added that this is a beautiful house for the right area but would need to be toned down for this neighborhood. Mr. Peter Kiehtreiber, 1509 Walnut Drive, Campbell: · Said that he and his wife, Audrey, reside across the street from this site. · Said that they had received copies of the proposal and looked at the plans carefully. · Agreed that this is a beautifully drawn house but that it is big for this location. Planning Commission Minutes of April 9, 2002 Page 8 · Said that it is important to consider useful space versus how big it looks to the outside. This structure is unnecessarily big in its appearance. · Recommended that the high single story space be brought down. · Expressed concerns about the accessory buildings in the back and questioned the legal status of the living unit. · Questioned whether the unit that is currently rented out would become storage in the future or remain a rental living unit. · Pointed out that he has observed lots of loading and unloading of building material from Shed A by the applicant as a part of his construction business. Mr. Steve Ciari, 1549 Walnut Drive, Campbell: · Stated that he resides across the street and does not care about the inside of this new house. · Declared that this new home will enhance his neighborhood and has the added benefit of blocking an existing concrete block wall for a commercial property behind this property that is currently visible from his home. · Said that he likes the proposed colors for the new home, finds the home to be consistent with the General Plan, has appropriate size and mass and will become a good single-family home for a very large family that includes four children. He added that this is a stunning home for which lots of time and effort has gone into the design. This will be a beautiful home. Added that it is not too tall as no portion is higher than 28 feet. The porch columns are okay as proposed. · Stated that he likes the cohesiveness and individuality of Campbell. · Said that people should not be opposed to change. · Added that he will be proud to have this house on his block and looks forward to looking at it as he arrives and departs from his own home. · Said that the Divittorio's are willing to clean up this site with their project. · Added that the neighborhood is due for a metamorphosis and he is eager to see this house on his block. Mr. Roy Divittorio, Applicant and Owner, 1512 Walnut Drive, Campbell: Said that he had been asked by staff to redesign the second story of his home. Pointed out that he does not have 20-foot ceilings anywhere within this home. The living room has 14-foot ceilings. · Said that staff had suggested the use of dormers, however, this would require a steeper pitch to the roof (9 and 12) and creates cubby like spaces that they do not want. Additionally, staff had suggested adding more first floor space and reducing the size of the second story. · Added that since they have four children they do not want to use more of the land but rather want to have more open space available for their family to enjoy. · Said that they don't want to adjust their windows as they would lose living space. · Said that once he participated in a meeting on another pending project on Walnut, he decided not to make any changes to his design as he felt it was superior to what is being proposed on the other property. · Said that this neighborhood is getting better. · Advised that he has spent a good $12,000 on this project already. Planning Commission Minutes of April 9, 2002 Page 9 · Assured that currently rented unit will not be a rental unit in the future but rather would be used for storage. The other storage building will be reduced to 200 square feet. · Pointed out that this is not a "spec" house but rather is being designed by he and his wife to have a floor plan that flows the way they would like as they want to live here for the rest of their lives. · Added that a professional architect drew the home. Commissioner Doorley asked how the Unit B became a rental unit. Mr. Roy Divittorio replied that this unit was a rental when they moved in. Commissioner Doorley asked what would preclude this unit from being rented out in the future. Mr. Roy Divittorio said that it had been recommended to him to have this unit legalized but that he does not have the required 25-foot setback to do so even though the property is large enough to allow a secondary living unit. Senior Planner Geoff I. Bradley replied that the City will take steps to have the kitchen and bath fixtures removed from this accessory structure no matter what the outcome of tonight's hearing. Commissioner Alderete asked Mr. Divittorio what compromises he has made over the last year on his home design. Mr. Roy Divittorio: · Replied that his project was actually supported by staff but that staff changed their recommendation after the problems arose with this other Walnut project. After that staff instructed him to scale his project down. · Said that his project meets all regulations. While they could make a larger first floor with a smaller second floor, they don't want to do so. Anyway this house would still be big in comparison with those in the neighborhood. Mr. Peter Kiehtreiber, 1509 Walnut Drive, Campbell: · Said that the San Tomas Area Neighborhood Plan includes its own building standards that include subjective rules to "fit into the neighborhood." · Reminded that local residents lobbied to adopt this San Tomas Area Neighborhood Plan because they wanted it. Ms. Audrey Kiehtreiber, 1509 Walnut Drive, Campbell: · Suggested that staff introduce applicants to the San Tomas Area Neighborhood Association early in the applicant process to facilitate the scheduling of neighborhood meetings. · Asked that the storage on site be limited to residential storage rather than commercial storage. Commissioner Leonard asked if the accessory structure meets setbacks. Planning Commission Minutes of April 9, 2002 Page 10 Senior Planner Geoff I. Bradley replied that the rear structure meets setbacks for use as a storage unit but not as a living unit. The other structure does not meet setbacks. A Condition of Approval will require legalizing these units. He added that a Home Occupation does not allow on-site storage but only office use. Commissioner Gibbons asked if the existing driveways would be removed. Senior Planner Geoff I. Bradley said that all but the one leading to the garage would be removed. Commissioner Doorley said that although the numerical standards have been met the specific guidelines of the San Tomas Area Neighborhood Plan have not all been satisfied. Said that there has been no "give" by the applicant, which he finds troubling. Commissioner Jones: Stated his support for this applicant. · Declared that this is a good structure that meets the requirements of the San Tomas Area Neighborhood Plan, requirements that are stricter than anywhere else in the City. · Said that this represents an individual's property rights versus neighbors' rights. · Said that the project meets the criteria established. · Added that he does not want to have to get his neighbors' input on things he does to his own home. · Stated that this project will raise property values in the area. · Said that he supports the applicant's position and not staff's. Commissioner Doorley said that if the guidelines of the San Tomas Area Neighborhood Plan are not taken into consideration, the City should not have it. Ms. Meg Stein, 1203 Hazel Avenue, Campbell: · Said that she is the liaison between the San Tomas Area Neighborhood Association and the Planning Commission, a position formerly handled by Gary Gairaud. · Said that she had been involved in the STANA for about three years. · Said that the spirit of the neighborhood is to keep the area rural. · Stated that the San Tomas Area Neighborhood Plan needs to stand. · Agreed that this is a gorgeous house but it lacks continuity with the neighborhood. Commissioner Alderete pointed out the drawings within the San Tomas Area Neighborhood Plan that depict "desirable" versus "not desirable" facades and asked Ms. Stein if she has seen these drawings. Ms. Meg Stein replied yes. She added that no one is interested in seeing a repeat of the "Castles" project at the comer of Hacienda and San Tomas Aquino Road. Commissioner Alderete asked Ms. Stein if in her opinion this proposed home looks more like the drawing labeled "desirable" or "not desirable." Ms. Meg Stein replied desirable. Planning Commission Minutes of April 9, 2002 Page 11 Commissioner Alderete: · Questioned why the accessory buildings are even being discussed. · Said that the numeric guidelines of the San Tomas Area Neighborhood Plan are met with this proposal. · Said that this project cannot be compared with the other three-house project on Walnut, as it is different rather than the same. · Stated that with the exception of the garage and round columns, this applicant's plan looks more like the desirable than not desirable design per the STANP illustrations. Commissioner Leonard replied that the accessory structure is an issue because it is illegal. Senior Planner Geoff I. Bradley added that the two accessory structures will be brought into compliance regardless of what occurs tonight. Commissioner Doorley said that Commissioner Alderete has made a good point regarding the desirable versus not desirable drawings within the STANP. However, he added that these drawings do not take into account their relationship to other buildings. Commissioner Hemandez: · Suggested that the STANP has to be considered as a whole, including text. The STANP has the requirement for design guidelines and not just numeric guidelines. · Said that he does not want to penalize this applicant. · Stated that this is a good design. · Said that it is important to consider the STANP to be a benefit to assure quality rather than as a hindrance. · Agreed that there is nothing wrong with a big house but it must meet mass and scale of the neighborhood and that is where this project is deficient. Commissioner Gibbons: · Agreed that this project is different that the other Walnut project with three homes proposed. · Said that it is not simply the stats but also the intent of the San Tomas Area Neighborhood Plan Guidelines that must be considered regarding scale and massing. · Said that this is a complicated house and roofline. · Suggested donners or simplifying the design details to reduce appearance of massing. · Said that this is a sophisticated house while the large house at Chapman and Walnut is also large but simpler so it does not appear as massive. The amount of detail on this proposed home helps make it appear massive. · Stated that this project is close and could be made acceptable to the neighborhood with a compromise to simplify it a little bit. Suggested sending the project back to staff. Said that she could support this project with some refinements. Chair Francois: · Pointed out that the applicant has put money and effort into this project. Planning Commission Minutes of April 9, 2002 Page 12 Said that the Chapman house is not exactly compatible with its neighborhood although it is beautiful. Said that the rural neighborhood idea is almost obsolete as there are a number of huge homes in the area. Said that the project is compliant with the General Plan and San Tomas Area Neighborhood Plan and that he would support it. Commissioner Gibbons asked whether if this project is rejected, the applicant could come back with a redesign without paying additional fees. City Attorney William Seligmann replied that if the project is denied, the applicant could appeal. To process a different design, the applicant would have to reapply and pay new fees. Commissioner Hernandez suggested asking the applicant if he is willing to make some changes. Mr. Roy Divittorio said he was unsure what changes are sought and whether they would actually make any difference. Commissioner Hernandez asked Mr. Divittorio if he is open to exploring alternatives with staff. Mr. Roy Divittorio replied that he was open to some changes as long as they do not cost a fortune to implement and makes the house look better. Commissioner Jones told Mr. Divittorio that he is prepared to make a motion recommending approval but that he was uncertain of the vote. Commissioner Gibbons asked Mr. Divittorio if he would consider simplifying the detailing on the porch. Mr. Roy Divittorio replied yes. Commissioner Leonard said that it is hard to support this project now since the perceived massing is too large. Architectural improvements can be made to diminish the massing and a compromise reached. Mr. Roy Divittorio pointed out that the two-dimensional drawing does not accurately reflect the fact that the elements of this home keep stepping back. He added that the second story is only 54 percent of the first story. Expressed concerns at having to pay new fees if this proposal is denied. Chair Francois reminded that the denial could also be appealed to Council. However, he said with some modifications, this project can be made to work. Commissioner Gibbons proposed a continuance. Planning Commission Minmes of April 9, 2002 Page 13 Mr. Gary Gairaud, 615 Louise Court, Campbell: · Advised that he was watching this meeting from home and felt compelled to drive down to speak to this project. · Said that it is clear a continuance is needed here. · Said he was willing to extend himself to help make a neighborhood meeting happen. Ms Lisa Hereford, 1295 Walnut Drive, Campbell: · Said that she feels sorry for this applicant. · Said that she would be happy to have this house located across the street from her. · Suggested that the Commission "cut him a break." Chair Francois said that in the spirit of the San Tomas Area Neighborhood Plan, the Commission wants to make this project work for the applicant to create a beautiful home and a wonderful environment for the applicant's family. Commissioner Alderete said that this project comes so close to the guidelines that he does not feel that it should be continued. Added that perhaps more specific guidelines are required. Chair Francois agreed that this issue could be addressed in the future. Senior Planner Geoff I. Bradley advised that the applicant is agreeable to a continuance. SARC would review the revised plans on April 23rd and the Commission on May 14th. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Doorley, the Planning Commission continued consideration of an application for a Site and Architectural Review Permit (PLN2001-133) to allow the construction of a new single-family residence on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive, to the Planning Commission meeting of May 14, 202, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Leonard NOES: None ABSENT: None ABSTAIN: None Chair Francois read Agenda Item No. 4 into the record. Planning Commission Minutes of April 9, 2002 Page 14 , PLN2002-04 (UP) The Hagman Group Continued Public Heating 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: May 7, 2002. (Continued from the Planning Commission meeting of March 26, 2002). Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Informed the Commission that the applicants are seeking a modification to a Use Permit to allow the extension of a temporary Use Permit that was approved in May 2000 for a portion of The Home Church operation. · Described the project site as being on Winchester near its intersection with Latimer. There are numerous parcels owned by The Home Church and this proposal is for five contiguous parcels. · Said that the Home Church originally converted a former grocery store in the early 1980's. The Home Church originally converted a former grocery store in the early 1980' s. · Said that The Home Church seeks to extend the Use Permit for an activity center at 1739- 1765 S. Winchester, establish a church use of a former restaurant site and construct a new building faqade to replace an existing deteriorating canopy. · Advised that the General Plan designation is Central Commercial and the zoning designation is Planned Development. · Recommended the adoption of a Resolution to approve this request. Commissioner Hernandez asked if the applicants are okay with the Conditions of Approval. Associate Planner Tim J. Haley replied that the applicants have met further with staff and the concerns over some of the Public Works Conditions of Approval have been resolved. Commissioner Gibbons asked whether the site upgrades are only for the portions owned by the Home Church. Associate Planner Tim J. Haley replied yes. Commissioner Alderete asked for clarification as to which addresses in this center are associated with this application. Associate Planner Tim J. Haley replied that 1799 S. Winchester is not a part of this application and that another owner owns three other parcels on the site. The Home Church owns the remainder of the parcels in the center. This application covers the northerly five parcels. Planning Commission Minutes of April 9, 2002 Page 15 Chair Francois asked if the required streetscape improvements would have to later be updated when a major remodel of the church occurs. Associate Planner Tim J. Haley replied that additional street improvements would probably be a part of the Master Building Plan for The Home Church. Chair Francois asked why any improvements are required right now. Associate Planner Tim J. Haley replied that the improvements are required because it cannot be guaranteed that the Master Building Plan will ever occur. Commissioner Doorley expressed surprise that any future modifications to these improvements would be necessary. Associate Planner Tim J. Haley stated that any additional site development might not necessitate removal of all sidewalks or driveway locations but could require modifications. Commissioner Jones proposed a two-year continuance of the requirement for streetscape improvements to see if the Master Building Plan can be prepared. Associate Planner Tim J. Haley said that the applicant may wish to speak to this issue. Commissioner Doorley provided the Site and Architectural Review Committee report as follows: · SARC considered this proposal on March 12th and was supportive as proposed. Chair Francois opened the Public Heating for Agenda Item No. 4. Mr. Dennis Meidinger, Architect: · Stated that they have had several meetings with Planning and Public Works staff. · Said that they have agreed to do the required street improvements at this time. Pastor Mike Kiley, The Home Church: · Thanked staff for their work during this long process. · Said that the Home Church has been located in Campbell for 21 years. · Said that he was glad that their property is not within the San Tomas Area Neighborhood Plan jurisdiction, as they do not want to keep their property "as it is." · Said that this proposal will go a long way to enhancing their property and said that they have long-term beautification plans for this site. Commissioner Doorley assured Pastor Kiley that they can't have a church that is too big as far as he is concerned. Mr. Hector Moreno, 49 Peter Court, Campbell: · Advised that he has attended The Home Church since 1983 and urged support of this request. Planning Commission Minutes of April 9, 2002 Page 16 Mr. Gary Molle, 1014 Malott, Drive, San Jose: · Urged approval. · Stated that The Home Church should not be required to pay for street improvements since they are giving up five feet of property for use for the sidewalk. Commissioner Alderete declared that he was pleased to be supportive of this proposal and that it is nice to see such a large attendance in support of this proposal. Chair Francois closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Leonard, the Planning Commission adopted Resolution No. 3421 granting 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, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Leonard NOES: None ABSENT: None ABSTAIN: None REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Announced that Council continued consideration of Mr. Pasek's appeal of the Planning Commission denial of his Site and Architectural Review Permit to its meeting of May 7th. · Advised that the next agenda will include four items. Commissioner Hemandez expressed concern for an apparent pattern for continuances and asked staff to consider methods to catch these problems earlier in the review process. Director Sharon Fierro assured that she intends to clarify the illustrations of the San Tomas Area Neighborhood Plan. ADJOURNMENT The Planning Commission meeting adjourned at 9:45 p.m. to the next Regular Public Hearing on April 23, 2002, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. Planning Commission Minutes of April 9, 2002 Page 17 SUBMITTED BY: APPROVED BY: Corinne A. Shinn, Rec~ec~'etary Ch~ff'r' ~ -'" .) ATTEST: Sh/arC~n Fierro, Secretary