PC Min 07/23/2002CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
JULY 23, 2002
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of July 23, 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:
Brad Jones
Staff Present:
Community
Development Director:
Senior Planner:
Associate Planner:
City Attorney:
Reporting Secretary:
Sharon Fierro
Geoff I. Bradley
Tim J. Haley
William Seligmann
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Doorley seconded by Commissioner Gibbons, the Planning
Commission minutes of July 9, 2002, were approved. (5-0-1; Commissioner
Jones was absent.)
COMMUNICATIONS.
1. Letter from applicant for Agenda Item No. 2 requesting the withdrawal of his application.
He has agreed to bring his fence into conformance with Code requirements.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
Planning Commission Minu,,~s of July 23, 2002 Page 2
ORAL REQUESTS
There were no oral requests.
PUBLIC HEARING
Chair Francois read Agenda Item No. 1 into the record.
PLN2002-71/
PLN2002-83
Drumm, D.
Public Heating to consider the application of Mr. Dale Drumm for a
Site and Architectural Review Permit (PLN2002-71) to allow the
construction of a new single-family residence and a Tree Removal
Permit (PLN2002-83) to remove three trees (one pine, one black
walnut and one prune) on property owned by Steven and Sally
Rhodes located at 1556 Walters Avenue in an R-l-9 (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: Tim J.
Haley, Associate Planner
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that the applicant is seeking a Site and Architectural Review Permit to construct a
new two-story single-family residence on the south side of Walters Avenue, adjacent to the
Peachtree Development, and a Tree Removal Permit to remove three trees.
· Described the property as .21 acres or 9,086 square feet with a proposed density of 3.7
units per gross acre, which is consistent with the General Plan.
· Added that the new home would consist of 3,600 square feet and includes a garage. There
will be a .4 FAR and 23 to 24 percent building coverage.
· Stated that the proposal meets the development standards of the San Tomas Area
Neighborhood Plan.
· Pointed out an item of correspondence from the applicant seeking an adjustment to the
Conditions of Approval and allow a deferred agreement for the street improvements
whereas the Public Works Department is requesting the immediate installation of the rolled
curbs such as are installed at the adjacent Peachtree Development.
· Described the three trees slated for removal as being a 12-inch plum, 24-inch pine (located
at the center of the site on the building pad area) and a black walnut (located at the future
site of the street improvement area).
· Advised that SARC reviewed this proposal.
· Said that staff finds this request to be reasonable and recommended adoption of a
Resolution approving this project.
Commissioner Alderete asked Associate Planner Tim J. Haley to remark on the request for
deferred street improvements.
Associate Planner Tim J. Haley advised that the applicant is asking to enter into a deferred
agreement. Added that seven new homes have been constructed on Walters in recent years.
Two have entered into deferred street improvement agreements. The current policy was not in
place when the other four homes were constructed.
Planning Commission Minu~cs of July 23, 2002 Page 3
Commissioner Gibbons asked if those properties with deferred agreements have posted a bond.
Associate Planner Tim J. Haley replied that they have signed agreements. He added that this
project is a triangular-shaped lot and that the Public Works Department may also pursue
paving in the front of the adjacent flag lot entrance.
Commissioner Gibbons asked what triggers allowing a deferred agreement.
Associate Planner Tim J. Haley replied that the decision is at the discretion of the City
Engineer. The Public Works Department is asking for installation of the required
improvements now since the project site is contiguous to a parcel with those improvements
already installed (Peachtree Development).
Commissioner Doorley asked whether the two projects that were allowed to enter into deferred
agreements were the two most recently constructed homes on this street.
Associate Planner Tim J. Haley replied yes. They were constructed in 2001.
Commissioner Hemandez provided the Site and Architectural Review Committee report as
follows:
· SARC reviewed this proposal on July 9, 2002, and was supportive.
Chair Francois opened the Public Hearing for Agenda Item No. 1.
Mr. Dale Drumm, Applicant:
Explained that his request for a deferred street improvement is due to a utility pole in front
of the property that will have to be moved by PG&E. PG&E takes between six to twelve
months to handle such relocations while this new home will be completed in six to seven
months.
· Added that occupancy of that home would be tied up until the completion of the relocation
of the pole and street improvements while a deferred street improvement agreement would
allow occupancy once the home is constructed and passes final inspection.
Assured that he is not trying to get out of this requirement for street improvements but
simply seeks a logical sequence.
Commissioner Doofley suggested amended the Condition to take into consideration the
potential delays caused by PG&E.
Senior Planner Geoff I. Bradley clarified that the practice is to try to have all improvements
wrapped up prior to occupancy but that the Condition in question simply requires the submittal
of a Public Improvement Plan and the posting of security. It does give some flexibility.
Mr. Dale Drumm said that he has no problem with those requirements and just wants to be able
to obtain a Certificate of Occupancy in a timely manner.
Senior Planner Geoff I. Bradley replied that this is within the realm of reasonableness.
Planning Commission MinuLcs of July 23, 2002 Page 4
Chair Francois closed the Public Hearing for Agenda Item No. 1.
Motion:
Upon motion of Commissioner Doorley, seconded by Commissioner
Gibbons, the Planning Commission adopted Resolution No. 3447 approving
a Site and Architectural Review Permit (PLN2002-71) to allow the
construction of a new single-family residence and a Tree Removal Permit
(PLN2002-83) to allow the removal of three trees (one pine, one black
walnut and one prune) on property owned by Steven and Sally Rhodes
located at 1556 Walters Avenue and found this project to be Categorically
Exempt, by the following roll call vote:
AYES: Alderete, Doorley, Francois Gibbons and Hernandez
NOES: None
ABSENT: Jones
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. 2 into the record.
2. PLN2001-69
Burton, P.
Public Hearing to consider the appeal of Mr. Patrick Burton of an
Administrative Decision by the Community Development Director
for a Fence Exception (PLN2001-69) to allow a five-foot iron fence
on top of an existing three-foot stone wall on property owned by Mr.
Patrick Burton located at 620 Harriet Avenue in an R-l-6 (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
Director Sharon Fierro advised that the applicant intends to construct a fence that falls within
the bounds of the Zoning Code and has withdrawn his application.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Ms. Sharon Fierro, Community Development Director, was accepted as
presented with the following additions:
· Advised that County has funded an Expressway Study and representatives made a
presentation to the Council at its meeting of July 16.
Stated that Council also reviewed the Los Gatos Creek Park Draft Plan, a joint project
between Santa Clara County and the City of Campbell. Council found the plan to be
consistent with the City's General Plan and authorized the project to move forward.
Planning Commission MinuL,~s of July 23, 2002 Page 5
· Added that Council authorized execution of contracts for public art projects for the
Campbell Community Center and Heritage Theatre.
· Advised that there will be two items on the next Planning agenda.
· Informed that at their meeting earlier this evening SARC asked the applicant to continue
their item, which is currently scheduled on the next Planning Commission agenda on
August 13th, to August 27th in order to allow for the provision of more information.
Chair Francois commended Public Works Analyst Zarka Popovic on her excellent presentation
before Council on the subject of Public Art. Stated that he watched the Council meeting on
television and was impressed with Ms. Popovic's efforts.
ADJOURNMENT
The Planning Commission meeting adjourned at 7:50 p.m. to the next Regular Public Hearing
on July 23, 2002, in the Council Chambers, City Hall, 70 North First Street, Campbell,
California.
SUBMITTED BY:~_ .~//?'LAM,~~ Corinne A. Shin~~cretary
APPROVED BY: To~m ~ at~n c oist~:C~~~~Q
ATTEST: S~a~c~