PC Min - 02/25/2014CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M.
The Planning Commission meeting of February 25, 2014, was called to order at 7:30
p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair
Resnikoff and the following proceedings were had, to wit:
FEBRUARY 25, 2014
CITY HALL COUNCIL CHAMBERS
TUESDAY
ROLL CALL
Commissioners Present
Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Paul Resnikoff
Cynthia L. Dodd
Pam Finch
Yvonne Kendall
Philip C. Reynolds, Jr.
Michael L. Rich
Commissioners Absent:
Staff Present:
None
Comm. Dev. Director:
Planning Manager:
City Attorney:
Recording Secretary:
Paul Kermoyan
Aki Honda Snelling
William Seligmann
Corinne Shinn
SPECIAL ANNOUNCEMENT
Chair Resnikoff made the following comments:
Announced the recent loss of a senior member and current Vice Chair of the
Planning Commission, Bob Roseberry, to an accident.
Stated that Vice Chair Roseberry excelled at the job of being a Planning
Commissioner in both his technical knowledge and his people skills. He was a
consensus builder and has served as a mentor to all current members of the
Planning Commission as well as to prior members.
Acknowledged several guests in the audience who are present who also knew and
admired Vice Chair Roseberry. They included former Planning Commissioners
Bob Alderete and Liz Gibbons and current Parks & Recreation Commissioner, Jann
Harbor.
Campbell Planning Commission Minutes for February 25, 2014 Page 2
• Added that Vice Chair Roseberry will be dearly missed. He, and his family, will
remain in our hearts and thoughts.
APPROVAL OF MINUTES
Motion: Upon motion by Commissioner Reynolds, seconded by
Commissioner Finch, the Planning Commission minutes of the
meeting of February 11, 2014, were approved. (6-0)
COMMUNICATIONS
1. Two desk items for Agenda Item 1 were distributed.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
PUBLIC HEARINGS
***
Chair Resnikoff read Agenda Item No. 1 into the record as follows:
1. PLN2013-254 thru Public Hearing to consider the application of D.R. Horton
PLN2013-262 Bay, Inc., for Site and Architectural Review Permits
D.R. Horton Bay, (PLN2013-254 thru 262) to allow the construction of nine
Inc. two-story single family residences within an approved
subdivision on property located at 1181 Abbott Avenue in
the R-1-9 (Single Family Residential) Zoning District. A
Mitigated Negative Declaration was previously adopted for
this project. Planning Commission action final unless
appealed in writing to the City Clerk within 10 calendar days.
Project Planner: Daniel Fama, Associate Planner
Ms. Aki Honda Snelling, Planning Manager, presented the staff report as follows:
• Reported that the applicant seeks Site and Architectural Review Permit approvals
for nine new single-family residences to be constructed on property at 1181 Abbott
Avenue within a subdivision approved by the Planning Commission on March 26,
2013.
• Described the project site as being south of Westmont and north of Hacienda. The
site is surrounded by single-family residences and is zoned R-1-9. The property is
within the San Tomas Area Neighborhood Plan (STANP) area.
• Stated that the proposed homes are two-story ranging in size between 3,500 and
4,100 square feet with garages between 480 and 780 square feet. The total home
sizes range between 4,000 and 4,600 square feet. The maximum heights range
between 27 and 28 feet where 28 is allowed per the STANP.
• Said that the FAR ranges between .35 and .45 where .45 is the maximum allowed.
The lot coverage ranges between 22 and 30 percent where 30 percent is the
maximum allowed. The homes have a variety of elevations include differing
Campbell Planning Commission Minutes for February 25, 2014 Page 3
architectural styles including Italian, French Country, Craftsman and Spanish. The
forms utilized are typical of those found in the STANP area.
• Explained that the front yard landscaping will be installed by the developer. The
front yards will include bio treatment storm water systems. The rear yard
landscaping will be installed by individual property owners. There are three
prototype rear yard landscaping designs that the new owners could utilize that meet
the WELS (Water Efficient Landscaping) Standards or the new owners can submit
alternate plans that must be reviewed and approved by the City for compliance with
WELS standards.
• Recommended approval and advised that the applicant, Don Babbitt, is present this
evening.
Commissioner Reynolds asked staff what the City regulations are for use of artificial
turf. Is there a ratio?
Planning Manager Aki Honda Snelling said that it would not be allowed in the front
yard as Code requires live plants within front yard landscaping plans.
Commissioner Reynolds asked if use of artificial turf is disallowed.
Planning Manager Aki Honda Snelling replied that there is nothing specific within the
Code to disallow it.
Commissioner Reynolds asked if that means that it would be acceptable for use in a
backyard landscape plan.
Director Paul Kermoyan:
• Explained that if something is not specified in Code, it is considered to be a
prohibited use.
• Suggested that if the City wants to establish a standard for the use of artificial turf, it
can be considered at a future date.
• Pointed out that the artificial turf does not permeate water.
• Added that drought-tolerant standards for planting include native vegetation that
reduces water usage. Use of native vegetation is preferred to artificial turf.
Chair Resnikoff asked if the backyard installation by the new owners has an imposed
time frame for completion.
Planning Manager Aki Honda Snelling explained that when plans are submitted for
Building permits is when the plans for the rear yard are also checked.
Director Paul Kermoyan added that new owners would hire and design their preferred
rear yards. Therefore, keeping the backyards fallow until sold makes sense rather
than installing something that a new owner immediately would want to change out to
include pools and other possible amenities. He stressed that the focus of landscaping
completion is on the street frontage.
Chair Resnikoff asked if there is a requirement to do the rear yard.
Campbell Planning Commission Minutes for February 25, 2014 Page 4
Director Paul Kermoyan replied no.
Chair Resnikoff clarified that what gets installed is up to the property owner with
consideration of WELS standards.
Planning Manager Aki Honda Snelling said that the STANP talks about landscaping for
privacy mitigation. The Planning Commission can add that requirement.
Commissioner Dodd asked if parking would be allowed along the street given that it is
40 feet wide.
Planning Manager Aki Honda Snelling replied yes, parking would be allowed just not at
the bulb.
Commissioner Finch presented the Site and Architectural Review Committee report as
follows:
• SARC reviewed this project at its meeting on January 14, 2014, and was
supportive.
• Advised that SARC commended the applicant on their use of varied elevations.
• Said that there were concerns about the brightness of the proposed color for Lot 4
and the applicant changed the colors accordingly to more muted tones.
Chair Resnikoff opened the Public Hearing for Agenda Item No. 1.
Don Babbitt, Applicant, D.R. Horton Bay, Inc.:
• Stated that staff did an excellent presentation this evening.
• Explained that they are proposing nine different elevations with nine different color
schemes.
• Added that per their recorded CC&Rs their intent in regards to the installation of the
rear yard landscaping requires that it be done within six months of occupancy.
Designs may include pools, barbecues and other items. The new owners have six
months to decide.
• Advised that a few neighbors have contacted them. It has been agreed to take
down existing fencing and install new fencing along the perimeter that is seven feet
in height with an added one-foot trellis.
• Assured that they would work with an arborist to trim existing vegetation
respectfully during installation of this new fencing.
• Added that they are also working with neighbors who wanted a tree added in their
yard for added privacy.
• Concluded that he is available for questions by the Commission or the neighbors.
Commissioner Kendall asked if there are plans for any large tree removals.
Don Babbitt explained that there are none on site. There are big oaks on an adjacent
property.
Campbell Planning Commission Minutes for February 25, 2014 Page 5
Julius Kurtz, Resident on Archer Way, said his only questions are when will
construction begin and when will the fencing be installed.
Don Babbitt:
• Reported that the final map is recorded and they are awaiting final comments on
their site grading plan.
• Said that if there are no appeals of tonight's decision, March 10th would be their first
opportunity to begin work on the grading of the site. Their plan is to move the
existing fence, grade the site and install the new fence.
Commissioner Finch asked Mr. Babbitt how long construction was anticipated to take
to completion.
Don Babbitt replied that weather permitting they would complete the site improvements
within four months. House construction would not begin until the water lines are in
place and the street is paved. Construction will be done in two phases and the entire
project completed between March and June 2015.
Joanne Fairbanks, Resident on Hacienda:
• Said that she is in favor of this application with some modifications.
• Stated that this project is very well done and fits in line with the STANP.
• Suggested that modifications be made to the homes to incorporate passive solar,
which provides solar gain in winter and shading in summer. This could help with
energy use reductions. She also recommended that reconsideration be given to the
strategy in use of building materials.
• Said that the lot coverage standards at 30 percent are well done.
• Expressed support for landscaping that is native and drought tolerant. The rear
yard landscaping requirements should mandate use of California native and
drought tolerant without the new owners having to revisit regarding actual proposed
plans.
• Said that to ensure privacy, the rear and side facing windows should be as high as
possible.
• Said that the staff report was very helpful.
• Reported that some neighbor concerns regarding privacy impacts were heard at
the March 2013 meeting.
• Admitted that this is a beautiful project and with the inclusion of native vegetation
and use of passive energy, she is on board with her support.
Commissioner Reynolds asked Ms. Fairbanks how she sees the developer achieving
the required fire safety while utilizing high sill windows.
Joanne Fairbanks said that the architect can design and allow both the provision of
safety for the new homes as well as ensuring privacy for the existing homes. She is
confident that a design taking both into consideration can be reached.
Kara Hardman, Resident on Abbott:
Campbell Planning Commission Minutes for February 25, 2014 Page 6
• Said that she has an issue with the proposed placement of 12 mailboxes right next
to her home. She prefers they be located further away.
• Added that there is an existing fire hydrant located 13 feet into her property and she
had been promised that it would be capped and relocated as a part of this
development.
• Stated that she has concerns about the backyard landscaping and her home is the
closest in terms of sight line.
Gary Ng, Resident on Abbott:
• Explained that he submitted one of the distributed emails.
• Said that his home is adjacent to Lot 8.
• Added that he recognizes that atwo-story home needs light to be desirable.
• Suggested the inclusion of landscaping incorporating large trees that can help
block sight lines into the windows of existing homes.
• Said that it merits adding something to help established residents who have been
there for years to retain some privacy from view.
Don Babbitt:
• Assured that they would continue to work with neighbors.
• Said perhaps they could also plant in their yard as that offers more of a guarantee
that the landscaping will be retained into the future.
• Agreed that the mailbox cluster will more likely be more centrally located within the
development. They will work with the Post Office on final placement.
• Said that he is unaware of the need to move a fire hydrant. That is new to him.
• Added that they cannot touch San Jose Water's existing water lines.
• Explain in response to suggestions for passive solar, energy efficient materials and
such that the completion of a Green Building Report is a part of the Building permit
submittal. Construction standards will meet the new Energy Code and the
materials and energy efficiency issues are considered.
• Advised that plants used will be native and water efficient.
• Reiterated that windows on the second floor must be of a size to provide ingress
and egress for emergencies.
Chair Resnikoff closed the Public Hearing for Agenda Item No. 1.
Commissioner Finch:
• Thanked Mr. Babbitt for changing the proposed colors for Lot 4.
• Added that as a member of SARC, she appreciated the developer's .willingness to
work with SARC and with their neighbors.
• Suggested perhaps adding position of the mailboxes into the conditions of approval
to somewhere more central within the development as well as perhaps the
requirement to place trees in neighboring yards for privacy mitigation.
Commissioner Rich stated that he is very pleased with this project and supportive.
Commissioner Kendall:
Campbell Planning Commission Minutes for February 25, 2014 Page 7
• Said that she is not overly concerned about the fire hydrant issue. Staff has
addressed it.
• Agreed that the mailboxes are best placed within the development rather than
directly in front of the existing neighbor's home.
• Stated that this is a beautiful project and these will be beautiful homes.
• Added that given the distance in the rear yards, she is not that concerned with
privacy impacts and is reluctant to condition this applicant to plant in neighbors'
yards. That could be problematic.
Commissioner Dodd:
• Said that her primary concerns had been traffic and parking. She is glad to learn
that street parking is available.
• Reminded that the placement of PO Boxes is subject to approval by the Postal
Service.
Director Paul Kermoyan:
• Reported that issues such as traffic, parking and fire hydrants were part of the
subdivision approval process.
• Clarified that this evening's action is to review and approve the Site and
Architectural Review Permits for the construction of the nine homes.
• Added that if the neighbor's expectation of relocating the hydrant from her property
ends up falling outside of this project, it can be further discussed with Public Works.
• Advised that a fire hydrant would be installed at the entrance into this subdivision.
• Said that with the removal of the initially proposed pedestrian path, the developer
agreed to pave that street and cul de sac.
Commissioner Reynolds asked about hydrant placement
Director Paul Kermoyan said staff would check with Public Works. It is not a part of
this review. The scope of tonight's review is the individual architecture of the nine
homes and the ability to mitigate privacy impacts.
Commissioner Reynolds questioned the street lighting.
Director Paul Kermoyan said that issue was also part of the subdivision process.
Commissioner Reynolds:
• Stated that he would support the project. It is beautiful.
• Added that it is a breath of fresh air to see large lots with single-family residences
on them. It is a nice change and this project is perfect for the STANP area.
• Thanked DR Horton and staff for their hard work on this project.
• Said that he is interested to see how the new groundwater swales turn out.
Chair Resnikoff:
• Said that he likes this project and the biggest issue he sees is privacy.
• Suggested that existing adjacent homeowners may need to help ensure continued
privacy through added landscaping as well
Campbell Planning Commission Minutes for February 25, 2014 Page 8
• Pointed out that the developer is working with neighbors.
Director Paul Kermoyan said that imposing landscaping requirements on the applicant
for adjacent properties falls outside the purview of the Commission.
Motion: Upon motion of Commissioner Finch, seconded by Commissioner
Reynolds, the Planning Commission adopted Resolution No. 4138
approving Site and Architectural Review Permits (PLN2013-254
thru 262) to allow the construction of nine two-story single family
residences within an approved subdivision on property located at
1181 Abbott Avenue, with the placement of the mailboxes to be
within the interior of the development, subject to the conditions of
approval, by the following roll call vote:
AYES: Dodd, Finch, Kendall, Resnikoff, Reynolds, and Rich
NOES: None
ABSENT: None
ABSTAIN: None
Chair Resnikoff advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.
*,~*
Chair Resnikoff read Agenda Item No. 2 into the record as follows:
2. PLN2013-312 Public Hearing to consider the application of Brandon Peterson
Peterson, B. for a Site and Architectural Review Permit (PLN2013-312) to
allow the construction of a new single-family residence using
portions of the existing structure on property located at 1132
Erin Way in an R-1-8 (Single Family Residential) Zoning
District. Staff is recommending that this project be deemed
Categorically exempt under CEQA. Planning Commission action
final unless appealed in writing to the City Clerk within 10
calendar days. Project Planner: Aki Honda Snelling, Planning
Manager
Ms. Aki Honda Snelling, Planning Manager, presented the staff report as follows:
• Reported that Brandon Peterson is seeking Site and Architectural Review Permit
approval for construction of a new residence at 1132 Erin Way. Erin Way is located
on the east side of Erin, south of Curtner and north of Shamrock. The site is
surrounded on all sides by single-family residences. The property is within
Cambrian 36, the former County pocket recently annexed into Campbell effective
May 1, 2013.
• Explained that the applicant will demolish 706 square feet of the existing residence
including an attached garage and construct 1,145 square feet of new residence.
• Advised that this request comes before the Commission because the site is zoned
R-1-8, which requires Planning Commission approval for any additions. As this
remodel/addition is "significant", it is treated like a new home. The determination
Campbell Planning Commission Minutes for February 25, 2014 Page 9
of a "significant" remodel includes the valuation of the new work; whether 75
percent or more of the roof is replaced; and if more than 75 percent of interior walls
are removed and/or replaced.
• Stated that the addition will be placed at the back and a new detached garage will
be constructed at the back as well.
• Said that a Deferred Street Improvement Agreement will be required for future
installation of curb, gutter and sidewalks by this property's owner. The actual
installation will occur some time in the future as redevelopment along the street
occurs. Currently there are no such improvements (curb, gutter and sidewalks) in
place. The Public Works Department will wait until an adjacent property gets
developed before actually requiring the installation of these improvements.
• Added that installation of a light pole is required at the time of construction.
• Said that the design features of hip roof and stucco siding are typical of the area.
• Stated that staff is supportive and recommends that the Commission adopt a
resolution approving this application subject to the conditions of approval.
Commissioner Reynolds asked how the future street improvements are triggered.
Planning Manager Aki Honda Snelling:
• Explained that the Public Works Department will require the installation at such
time that at least one adjacent property is doing work that also triggers the
installation of curb, gutter and sidewalks. That could end up being years down the
line.
• Added that the Deferred Street Improvement Agreement is recorded on the
property title and runs with the land.
Commissioner Reynolds asked if a homeowner living two-doors down from this one
should remodel would a homeowner situated in the middle of the two updated homes
also have to install curb, gutter and sidewalks.
Planning Manager Aki Honda Snelling replied no.
Commissioner Reynolds asked if installing a street light is opening a "can of worms"?
Is there a plan in place for placement of other lights in the future?
Planning Manager Aki Honda Snelling:
• Said that Public Works determines when it is necessary to install a street light for
safety. Such installations have to start somewhere.
• Added that installation of street lights can only be required when development
occurs.
• Advised that street lights are typically placed with about 120 feet in distance
between them.
Commissioner Dodd said that the design is really nice. It fits in well in this
neighborhood.
Campbell Planning Commission Minutes for February 25, 2014 Page 10
Chair Resnikoff clarified that the trigger for public improvements is based on the value
of the remodel.
Planning Manager Aki Honda Snelling said that is correct. It is a remodel that changes
75 percent of the value.
Chair Resnikoff asked about cumulative remodels. Are past permit records checked
when a remodel is reviewed?
Director Paul Kermoyan explained that the Building Official recently brought a
clarification to the description of a "substantial" remodel to Council. He said that past
construction permit records are reviewed during plan review based on address.
Chair Resnikoff said that potential buyers could then also research permits prior to
purchase.
Director Paul Kermoyan said yes. That happens often that an owner will remodel just
to the point where public improvements would become necessary.
Commissioner Finch presented the Site and Architectural Review Committee report as
follows:
• SARC reviewed this project on January 28, 2014 and was supportive.
• Added that there was initially some confusion on street improvement requirements
especially with regard to the street light.
• Said that it was clarified that the installation of the street light would not be deferred
but rather must be installed with this project.
Chair Resnikoff opened the Public Hearing for Agenda Item No. 2.
Chair Resnikoff closed the Public Hearing for Agenda Item No. 2.
Commissioner Finch said that this project is a great improvement to the area and she
is supportive. It will dress up the neighborhood.
Commissioner Reynolds said that he likes the project and is supportive but is
concerned about the introduction of street lights.
Motion: Upon motion of Commissioner Reynolds, seconded by
Commissioner Kendall, the Planning Commission adopted
Resolution No. 4139 approving a Site and Architectural Review
Permit (PLN2013-312) to allow the construction of a new single-
family residence using portions of the existing structure on
property located at 1132 Erin Way, by the following roll call vote:
AYES: Dodd, Finch, Kendall, Resnikoff, Reynolds and Rich
NOES: None
ABSENT: None
ABSTAIN: None
Campbell Planning Commission Minutes for February 25, 2014 Page 11
Chair Resnikoff advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.
***
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Paul Kermoyan had no additions to his written report.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:36 p.m. to the next Regular
Planning Commission Meeting of M rch 11, 2014.
SUBMITTED BY:
C inne inn, Recording Secretary
APPROVED BY: ~'~~~ ~~~~~
Paull/Rgsn~coff~ Chair
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ATTEST: `~
Paul Kermo an, Secretary