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PC Min 04/23/2002CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 23, 2002 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 23, 2002, was called to order at 7:32 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: Planner II: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Geoff I. Bradley Darcy Smith Stephanie Willsey William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Jones, seconded by Commissioner Gibbons, the Planning Commission minutes of April 9, 2002, were approved. (7-0) COMMUNICATIONS. There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements Planning Commission Minutes of April 23, 2002 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chair Francois read Agenda Item No. I into the record. PLN2001-120 (PM) PLN2001-125 (PD) PLN2002-22 (TRP) Levitt, S.L. Continued Public Hearing (from March 26, 2002, Planning Commission meeting) to consider the application of Ms. Shirley Lu Levitt for consideration of a Tentative Parcel Map (PLN2001-120) to create two lots and 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: May 21, 2002. Project Planner: Darcy Smith, Planner I1 Ms. Darcy Smith, Planner 1/, presented the staff report as follows: · Advised that the applicant is seeking approval of a Planned Development Permit to construct a new single-family residence, Parcel Map to divide a property into two residential lots and a Tree Removal Permit for the removal of one tree. · Reminded that this item was continued from the March 26, 2002, Planning Commission meeting to allow the applicant to revise plans to reflect changes that include seven on-site parking spaces, the repositioning of the new residence to the west and the addition of two trees in the west side yard. Additionally, staff has added a Condition of Approval to require fencing to be replaced with a six-foot good neighbor style fence at the cost of this applicant. · Said that the project site has an existing single-family residence and detached garage. The house is included on the City's Historic Resource Inventory and was constructed approximately in 1905. This structure will be retained. · Described the General Plan Land Use as being low to medium density residential and stated that as proposed this project is developed at 65 percent of the maximum permitted density. · Said that this project is also consistent with the Planned Development zoning designation and meets all front, side and rear yard setbacks. · Informed that the front standard parcel includes 4,500 square feet and the rear flag lot consists of 4,200 square feet. · Said that the proposed new residence will be a detached two-story accessed by a shared driveway along the east side of the property. The home will include horizontal siding, composition shingle roofing and a prominent porch feature. Advised that the site will provide seven parking spaces. The parking includes a detached carport with two uncovered spaces for the front unit and an attached two-car garage with two uncovered parking spaces for the rear unit. This parking meets the requirement for 3.5 spaces per unit. Added that a minor rehabilitation of the existing structure is underway. Planning Commission Minutes of April 23, 2002 Page 3 Pointed out that the Historic Preservation Board reviewed this proposal at its meeting of February 27, 2002, and was supportive of the new structure and very supportive of the plan to retain and renovate the historic structure. Commissioner Gibbons asked staff if the carport's placement at the property line represents a special exception. Planner Darcy Smith replied yes. She added that this special exception was made to allow this project to proceed and to facilitate the retention of the historic structure. She advised that a tire-rated wall would be incorporated in this carport structure. Commissioner Doorley presented the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on March 12, 2002. Commissioner Jones was supportive and he was not due to the use of a flag lot. Chair Francois opened the Public Hearing for Agenda Item No. 1. Mr. Tom Black, 132 Sunnyside Avenue, Campbell: · Stated that it is clear that the Planning staff and the applicant have done a lot of work. · Reminded that he spoke to this project at the last Public Hearing. · Stressed that his main concern at that time was provision of parking. · Said that he still has some concerns regarding parking despite the modifications to the plan. · Questioned how many of the seven parking spaces would be compact versus standard in size. · Stated that there is already a clear parking problem along Sunnyside Avenue and said that workers from Kennedy Avenue have taken to parking along Sunnyside Avenue. · Asked the Commission to ensure that there is good functional parking spaces for this project. Commissioner Gibbons asked staff for suggestions as to whom Mr. Black could talk to at City Hall regarding parking issues along his street. Director Sharon Fierro said that Planning staff is willing to discuss the issue but that there are no provisions in the Municipal Code for enforcement of legal parking. City Attorney William Seligmann clarified that there is actually not a problem with the Code but rather that the City is not actively enforcing permit parking. Commissioner Gibbons urged Mr. Black to pursue the issue with City staff. Mr. Tom Black added that he was also concerned with the fact that one proposed parking space on the required 12-foot wide driveway would block the required Fire access to the rear unit. Planner Darcy Smith: · Advised that two spaces would be compact and five standard. is in the driveway and the second is behind the carport. One of the compact spaces Planning Commission Minutes of April 23, 2002 Page 4 Agreed that Fire requirements are for a 12-foot wide unobstructed roadway. Since the inclusion of one compact space on the driveway does not leave an unobstructed 12-foot width, the applicant has elected instead to install sprinklers in the rear unit as an alternative that is acceptable to Fire. Commissioner Hernandez asked staff if this requirement to sprinkler the rear unit is contained within the Conditions of Approval. Planner Darcy Smith said that the applicant would need to work this issue out with Fire during the Building Plan review process. Mr. Mark Snow, Applicant's Representative and Project Designer: · Said that the only remaining issue is parking. · Added that he has met with staff to review all options. · Said that another alternative had been discussed that would group parking for both units together. However, this is not seen as a desirable option since it takes away from the effect of single-family housing on individual lots. Commissioner Gibbons stated that this is a good example of a project to discuss during the upcoming Ordinance update process. Commissioner Doofley expressed his problem with the necessary Planned Development finding that states that this project meets the best use of the property. Said that he was not yet certain whether he would support this proposal but added that he is now sold on it just a little. Commissioner Alderete said that he would support the project but said that he would not like to have to back out of the site on a daily basis himself, particularly from the rear unit where a backing vehicle would have to avoid a parked car within a 12-foot width drive. Said despite that one observation he likes this project. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission: 1. Adopted Resolution No. 3422 recommending approval of a Tentative Parcel Map (PLN2001-120) to create two lots; 2. Adopted Resolution No. 3423 recommending approval of a Planned Development Permit (PLN2001-125) to allow the construction of a new single-family residence; and 3. Adopted Resolution No. 3424 recommending approval of 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, by the following, by the following roll call vote: AYES: Alderete, Francois, Gibbons, Hernandez, Jones and Leonard NOES: Doorley ABSENT: None ABSTAIN: None Planning Commission Minutes of April 23, 2002 Page 5 Chair Francois advised that this item would be considered by Council at its meeting of May 21, 2002. Chair Francois read Agenda Item No. 2 into the record. o PLN2001-128 (ZC) PLN2001-129 (PD) PLN2001-130 (TM) PLN2002-05 (TRP) Coroem Builders Continued Public Hearing (from March 26, 2002, Planning Commission meeting) 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. Project Planner: Tim J. Haley, Associate Planner Director Sharon Fierro presented the staff report as follows: · Informed the Commission that this item was continued from March 26, 2002. Additionally, a Study Session was held two weeks ago. · Advised the Commission that following the Study Session, the applicant took a closer look at this project and decided that it would be too expensive to build. Therefore, they are proposing an extensive redesign that would eliminate the podium-parking feature. · Suggested another Study Session, either during the week of May 6th or 13th, in order to review the revised project plans. · Added that the applicant is hoping to have the conceptual plans in to the Planning Department at the end of the week. Chair Francois suggested holding the Study Session once again on a Monday evening, preferably May 13th. The rest of the Commissioners concurred with that date. Director Sharon Fierro said that Monday, May 13th, would be set and the Study Session would begin at 6:30 p.m. Commissioner Gibbons advised the Commission that she had run into Mr. Dan Sarkisian just prior to tonight's meeting at which time he provided her with a memo with his suggestions for the area as well as photographs of traffic and parking along Gilman Avenue. Commissioner Alderete expressed his surprise at the fact that the project is being changed at this late date. Director Sharon Fierro advised that the reason is the cost of the units. Podium parking is very expensive and this project simply does not "pencil" out as proposed. Added that she too is Planning Commission Minutes of April 23, 2002 Page 6 disappointed and cautioned that this will be an entirely new project brought before them at the May 13th Study Session. Chair Francois opened the Public Heating for Agenda Item No. 2. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Jones, the Planning Commission continued consideration of a Zone Change (PLN2001-128), Planned Development Permit (PLN2001-129), Tentative Subdivision Map (PLN2001-130) and Tree Removal Permit (PLN2002-05) for a development on property owned by Coroem Builders at 117 Gilman Avenue to a date uncertain. (7-0) Chair Francois read Agenda Item No. 3 into the record. 3. PLN2002-26 Zuur, J. Public Heating to consider the application of Mr. James Zuur, on behalf of Camera Cinemas at the PruneYard, L.P., for a Conditional Use Permit (PLN2002-26) to allow the re-establishment of a movie theater in an existing theater tenant space, on sale beer and wine sales, late night operations and outdoor seating, on property owned by Equity Office Properties - PruneYard, LLC, at 1875 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision 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 applicants are seeking a Conditional Use Permit to re-establish a theater use, formerly United Artists Theaters, at the Pruneyard. · Said that the project includes the upgrade and improvements, on-sale beer and wine from within the theater only, addition of an indoor caf6, outdoor seating and late night operational hours to 2 a.m., which staff finds customary to theater use. · Advised that this site was used as a theater from the 1970's until approximately 1996. · Stated that the General Commercial Zoning District allows a theater use with the issuance of a Conditional Use Permit. When this theater was originally established, Use Permits were not required. Said that the previous seat count was 1,565. The proposed seating is 1,082, which includes 1,054 seats and 28 handicapped areas. This equals a reduction by 483 seats. · Stated that there are no exterior modifications except for a new ticket booth that will be constructed to match the existing building style and materials. · Informed that when this site was developed, it was developed with shared parking. Since the use of parking is different between office and theater uses, shared parking is compatible. It is not anticipated that this use will increase the previous theater parking. · Recommended approval. Planning Commission Minutes of April 23, 2002 Page 7 Commissioner Gibbons asked if the beer and wine sales would be permitted for the extended hours. 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 April 9, 2002, and was supportive. Chair Francois opened the Public Hearing for Agenda Item No. 3. Mr. Jim Zuur, Project Applicant: · Thanked staff for this assistance. · Stated that they have wanted to come to Campbell for at least four years. · Advised that they have operated theaters for the last 25 years, and have four locations, three in San Jose and one in Los Gatos. They show art, foreign and independent films and also plan to include commercial films at their Campbell location. · Stated that the inclusion of a caf6 works well at their San Jose Camera Three location. · Informed that they had an exit poll conducted at their theater and learned that 77 percent of their clientele had patronized a local restaurant prior to attending a film. · Introduced his team and said they would be available for questions. · Declared that it is a pleasure to be in Campbell. Commissioner Gibbons told Mr. Zuur that it would be a great asset to have their theater in Campbell. Stated that it is unusual to have after hours liquor sales and cautioned that a condition is imposed that allows the alteration of hours if problems arise. Mr. Jim Zuur said that he had no problem with that condition. Chair Francois said that it was commendable of Mr. Zuur to plan to offer incentives for his clientele to use the four-story parking garage. Mr. Jim Zuur said that they plan to provide little benefits and believes this may lessen the impact on surface parking. Commissioner Alderete asked how many patrons can be seated in the Caf& Mr. Jim Zuur replied that there would be 14 outdoor seats and 28 indoor seats. Commissioner Hernandez stated that this is an outstanding project and he is glad to have it in Campbell. It will be a great addition to the community. Commissioner Alderete agreed and added that the theater will also bring people to the area restaurants. Planning Commission Minutes of April 23, 2002 Page 8 Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3425 granting a Conditional Use Permit (PLN2002-26) to allow the re-establishment of a movie theater (Camera Theater at the PruneYard) in an existing theater tenant space, on-sale beer and wine sales, late night operations and outdoor seating, on property owned by Equity Office Properties - PruneYard LLC at 1875 S. Bascom Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Leonard NOES: None ABSENT: None ABSTAIN: None 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. 4 into the record. PLN2001-141 (PM) PLN2001-142 (S) PLN2002-01 (TRP) Shakeri, O. Public Hearing to consider the application of Mr. Omid Shakeri, on behalf of the Ridgecrest Group, for a Tentative Parcel Map (PLN2001-141) to allow the creation of three lots, a Site and Architectural Review Permit (PLN2001-142) to allow the construction of three new single-family residences and a Tree Removal Permit (PLN2002-01) to allow the removal of four Walnut trees, ranging in size from 12 inches to 17 inches in diameter, on property owned by Mr. Fred Nourzad located at 1274 Walnut Drive in an R-l-10 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, presented the staff report as follows: · Informed that the applicant is seeking approval of a Parcel Map, Site and Architectural Review Permit and Tree Removal Permit. · Said that this project was continued from the January 22, 2002, Planning Commission meeting to allow redesign to reduce massing and vary the houses, lots and setbacks. · Said that the applicant has created a less massive second story, varied materials and replaced the previous three car garages each facing Walnut with two two-car garages with a tandem third space and one side loading three car garage. The houses each have distinctive designs. · Advised that in the staff report, it is proposed that four walnut trees be removed. However, just recently, it was brought to staff's attention that one of those walnut trees was actually an oak tree. Revised findings and Conditions of Approval have been prepared requiring the oak to be preserved. Therefore, the Tree Removal Permit would be to remove three Planning Commission Minutes of April 23, 2002 Page 9 walnut trees rather than four. The oak tree will be incorporated into the development plan and a Tree Protection Plan to ensure the safety of the tree during construction will be prepared. Recommended approval of the Parcel Map, Site and Architectural Review Permit and Tree Removal Permit for this project. Commissioner Hernandez provided the Site and Architectural Review Committee report as follows: SARC considered this proposal on April 9, 2002, and was supportive with a change in the pitch of the entry feature and a change in windows on Parcels 1 and 3, which face onto neighboring properties. Chair Francois opened the Public Hearing for Agenda Item No. 4. Mr. Mitch Stermer, 1312 Walnut Drive, Campbell: Said that his property borders the project to the south. Thanked staff and the developer for their work. · Stated his disappointment with staff regarding the trees. Advised that he had called staff last Friday to point out that that one of the walnut trees slated for removal was actually an oak tree. · Added that he appreciates the fact that Stephanie Willsey arrived just one hour after his call to check the site for herself. · Expressed concern with the idea of a driveway being over the roots of the oak. · Asked for a survey prior to grading since he is not absolutely certain where the southern property line is located. · Said that he is happy with the design changes and that this will probably be a good project. Director Sharon Fierro stated that staff could require that the development be staked prior to construction. Added that a Tree Protection Plan would be reviewed by an arborist to ensure best practices during construction. Also a pervious paving can be used for the driveway that allows percolation. Chair Francois stated that in defense of staff, the misidentification of the tree was an accident rather than intentional. When staff was notified, they took steps to correct and address the situation immediately. Mr. Mitch Stermer agreed and said he was impressed by the prompt response. He asked again about having a survey conducted. Director Sharon Fierro clarified that a survey is required in order to stake out the property. Mr. Mitch Stermer asked whether this could occur prior to tree removal. Director Sharon Fierro replied yes. Audrey and Peter Kiehtreiber, 1509 Walnut Drive, Campbell: · Thanked staff and the developer and expressed their gratitude. Planning Commission Minutes of April 23, 2002 Page 10 · Stated that on behalf of their neighbors, they all appreciate the care and attention to their opinions. · Said that the developer and staff did a great job. Mr. Omid Shakeri, Applicant, 3131 S. Bascom Avenue, Suite 110, Campbell: · Said that he represents the Ridgecrest Group and property owner. · Stated that he has worked hard with staff and the neighbors. · Added that he is happy with the results. · Specifically thanked Stephanie Willsey and Geoff Bradley. · Expressed agreement with the proposed Conditions of Approval. Commissioner Hernandez stated "hats off" to Mr. Shakeri for the efforts made. Added that this is an example to hold up for development in Campbell. Chair Francois concurred and agreed that Mr. Shakeri has been accommodating and he commended Mr. Shakeri for that fact. Commissioner Alderete asked Commissioner Hernandez if the changes requested by SARC are incorporated in the latest drawings. Commissioner Hernandez replied yes. Mr. Gary Gairaud, 615 Louise Court, Campbell: · Advised that he is present on behalf of Meg Stein, the San Tomas Area Neighborhood Association representative to the Planning Commission, who could not be present this evening. · Declared that an Open Door policy with the Campbell Planning Department is not just in name only but rather is the Department's real practice. · Said that with a subdivision development such as this, it is more mandatory that neighbors be involved compared to a project that is being done for and by an owner living in the neighborhood. · Thanked everyone involved for his or her participation in this project. Chair Francois closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Alderete, the Planning Commission: 1. Adopted Resolution No. 3426 approving a Tentative Parcel Map (PLN2001-141) to create three lots; 2. Adopted Resolution No. 3427 granting Site and Architectural Review Permits (PLN2001-142) to allow the construction of three new single- family residences with the revised Conditions of Approval; and 3. Adopted Resolution No. 3428 approval a Tree Removal Permit (PLN2002-01) to allow the removal of three walnut trees, ranging from 12 inches to 17 inches in diameter, on property owned by Mr. Fred Nourzad located at 1274 Walnut Drive, by the following roll call vote: Planning Commission Minutes of April 23, 2002 Page 11 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 awarded the construction contract for the Heritage Theater, which is expected to take a year to complete. · Advised that Council approved the plans and specifications and a call for bids for the Community Center Master Plan. · Said that the next Planning Agenda will include five items. Commissioner Alderete asked if there is a way to involve the San Tomas Neighborhood Association when appropriate. Director Sharon Fierro advised that she is seeking funds in the next fiscal year operating budget to pay an architectural advisor who would be asked to become familiar with the San Tomas Area Neighborhood Plan and assist staff in evaluating design plans for compliance with the STANP. AD~IOURNMENT The Planning Commission meeting adjourned at 8:38 p.m. to the next Regular Public Hearing on May 14, 2002, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. /,~' SUBMITTED BY:~1__.4 L4~./,._~ ~ .o (_.r_.~ dx~.- Co~nne~A.' Sh~'il~,, R~iing Secretary To~ Francois, Chair ATTEST: ~Secre~t a~(~