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PC Min 09/24/2002CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 24, 2002 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 24, 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: Tom Francois Joseph D. Hernandez Bob Alderete Elizabeth Gibbons Brad Jones Michael Rocha Commissioners Absent: Commissioner: George Doorley 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 Alderete, seconded by Commissioner Jones, the Planning Commission minutes of August 27, 2002, were approved. (3- 0-1-3; Commissioner Doorley was absent and Commissioners Francois, Hernandez and Rocha abstained.) COMMUNICATIONS. 1. Desk Item for Agenda Item No. 4. 2. Invitation to Affordable Housing Tour on Friday, September 27, 2002. Planning Commission Minutes of September 24, 2002 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chair Francois read Agenda Item No. 1 into the record. 1. PLN2002-86 Lonac, T & T Public Hearing to consider the application of Todd and Tanya Lonac for a Conditional Use Permit (PLN2002-86) to allow a 776 square foot addition to a single-family residence that is a designated Historic Landmark (the Mrs. Bull House) on property owned by Todd and Tanya Lonac at 81 N. First Street in a P-D-H (Planned Development-Historic) Zoning District. A Negative Declaration has been prepared for this project. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Darcy Smith, Planner II. Ms. Darcy Smith, Planner II, presented the staff report as follows: · Advised that the applicants are seeking a Conditional Use Permit to allow a 776 square foot addition to a single-family residence that is a designated Historic Landmark. A 661 square foot addition will be added to the back of the existing residence and 115 square feet will be added to the detached accessory structure in order to create a single-car garage. · Pointed out that this is an legal non-conforming unit built in the 1920's before building permits were required. · Said that the subject property is at 81 N. First Street, north of Civic Center Drive and across the street from City Hall. · Said that the General Plan designation is Low-Medium Density Residential and the Zoning is Planned Development with a Historic Overlay. · Informed that this is a permitted use with issuance of a Conditional Use Permit after review by the Historic Preservation Board. The Historic Preservation Board reviewed this proposal at its meeting of July 24, 2002, and recommended approval by the Planning Commission. · Stated that this proposal is consistent with architectural design and historic character of the home and consistent with Historic Guidelines. · Advised that following an Initial Study, required under CEQA, no significant impacts result from this project and a Negative Declaration was prepared. Recommended approval of a Resolution approving this Conditional Use Permit and adoption of the Negative Declaration. Commissioner Hernandez sought clarification that the existing second unit was constructed prior to the requirement for building permits. Planner Darcy Smith replied that this is correct. The project meets the density standards of the General Plan but is a legal non-conforming structure. Planning Commission Minutes of September 24, 2002 Page 3 Commissioner Hernandez presented the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on August 27, 2002, and was supportive as proposed. Chair Francois opened the Public Heating for Agenda Item No. 1. Mr. Todd Lonac, Owner/Applicant, 81 N. First Street, Campbell: Assured the Commission that they have taken every step to maintain the integrity of their home with the advice of two consultants. · Added that he and his wife are excited to add on to their home to accommodate their family of five. · Advised that they have lived in the home for 10 years. · Thanked Geoff Bradley and Darcy Smith for their help. · Declared that this has been a positive experience. Chair Francois closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3456 approving a Conditional Use Permit (PLN2002-86) to allow a 776 square foot addition to a single-family residence that is a designated Historic Landmark (the Mrs. Bull House) on property owned by Todd and Tanya Lonac at 81 N. First Street, by the following roll call vote: AYES: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: Doorley 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. PLN2002-90 Stoddard, B. Public Heating to consider the application of Mr. Bob Stoddard, on behalf of Stoddard's Brewhouse & Eatery, for a Conditional Use Permit (PLN2002-90) to allow live entertainment within an existing restaurant on property owned by Campbell Ventures located at 200 E. Campbell Avenue in the C-3-S (Central Business District) 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. Planning Commission Minutes of September 24, 2002 Page 4 Ms. Stephanie Willsey, Planner I, presented the staff report as follows: · Advised that the applicant is seeking a Conditional Use Permit to allow live entertainment at Stoddard's Brewhouse and Eatery, located on the southwest comer of E. Campbell Avenue and Second Street. The site is within the C-3-S (Central Business District). Described the live entertainment as live bands, five members or fewer, playing jazz, pop, lite rock and blues. · Said that the live entertainment spaces would include 150 square feet on the first floor and 170 square feet on the second floor. There is no proposed dance floor. · Said that the entertainment would occur from 9 p.m. to 1:30 a.m., Thursday through Saturday as well as holidays and special dates. The special dates are not to exceed 10 per year. · Stated that staff finds this use to be incidental and is supportive, believing that it will not create a nuisance due to noise. · Added that a Condition of Approval gives the Director the authority to review and reduce hours for live entertainment in the event of a substantiated complaint. · Informed that the Police Department and Redevelopment Agency reviewed the proposal and had no objections. · Recommended adoption of a Resolution approving this use. Commissioner Hemandez sought clarification that the live entertainment allowed under this Use Permit is for the restaurant and not the banquet facility. Planner Stephanie Willsey replied correct. Commissioner Hemandez asked if there would be a different analysis if the live entertainment were to be included at both the restaurant and banquet facility. Planner Stephanie Willsey said that she did not believe that these uses would conflict. Commissioner Gibbons added that the banquet facility obtained its own live entertainment permit. Commissioner Hemandez asked if any consideration is taken when similar uses are located next to each other. He went on to explain his concerns by recalling when the City had previously had problems with excessive bars and live entertainment in the Downtown that caused neighborhood problems. Chair Francois asked staff about the different Alcohol Beverage Control license types. Planner Stephanie Willsey identified ABC-41 as an on-sale beer and wine license and ABC-47 as a general on-sale liquor license. Chair Francois opened the Public Hearing for Agenda Item No. 2. Chair Francois closed the Public Heating for Agenda Item No. 2. Planning Commission Minutes of September 24, 2002 Page 5 Commissioner Gibbons asked staff to ensure that the applicant clearly understands the Conditions of Approval, specifically the provision to reduce hours based upon complaints. Director Sharon Fierro assured the Commission that staff has spoken with the applicant and he understands that provision in the Conditions. Commissioner Jones asked Director Sharon Fierro what the powers of the Community Development Director are if a complaint is received as a result of noise due to the live entertainment. Director Sharon Fierro replied that the Director has the authority to modify hours immediately if deemed necessary. Commissioner Hemandez said that it would have been nice to have the applicant here tonight. Commissioner Alderete asked staff about the five references provided by the applicant from the City of Sunnyvale and whether staff had contacted any of them. Planner Stephanie Willsey replied yes. Sunnyvale stated that the business owner is a model citizen and that they have had no problems at any time with the Sunnyvale Stoddard's establishment. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3457 approving a Conditional Use Permit (PLN2002-90) to allow live entertainment within an existing restaurant on property owned by Campbell Ventures located at 200 E. Campbell Avenue and found this project to be Categorically Exempt, by the following roll call vote: AYES: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: Doorley 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. 3 into the record. Planning Commission Minutes of September 24, 2002 Page 6 3. PLN2002-77 Bednarski, W. Public Heating to consider the application of Mr. Wieslawa Bednarski, on behalf of Celeste and Bill Battrell, for a Site and Architectural Review Permit (PLN2002-77) to allow a second story residential addition to an existing single-family residence on property owned by Celeste and Bill Battrell located at 909 Robin Lane 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: Tim J. Haley, Associate Planner. Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Advised that the subject property is located on the west side of Robin Lane and is currently developed with a 1,600 square foot single story residence. This site is located within the San Tomas Area Neighborhood Plan area. · Identified the Zoning as R-l-10, although the subject property is only 8,000 square feet. This parcel is therefore an existing legal non-conforming lot. · Said that the residential addition will be added to the front and rear of the residence. A second story addition will be set in from the front and sides of the home. · Said that staff finds the project to be compatible and that no trees are proposed for removal. Two camphor trees in the front yard, which are not protected, will be retained. Commissioner Gibbons asked about the sideyard setbacks. Senior Planner Geoff I. Bradley replied that the existing first floor has an 8-foot, 9-inch sideyard setback on the south side and a 7-foot setback on the north side. These are existing setbacks, which do not meet minimum requirements but are allowed to remain by Code due to the legal non-conforming status of the lot. However, the second story setbacks will comply with current requirements. Commissioner Hemandez presented the Site and Architectural Review Committee report as follows: · Reported that SARC reviewed this proposal on September 10, 2002, and was supportive. Chair Francois opened the Public Hearing for Agenda Item No. 3. Ms. Cindy Salhany, 921 Robin Lane, Campbell: · Said that initially she was anxious about the idea of a second story but become more comfortable upon reviewing the proposed plans. · Said that she has just a couple of issues. · Advised that her first issue is the bay window proposed on the back of the second story addition, which will overlook her pool and spa. Instead of requesting a redesign, however, she said that adding a couple of non-deciduous mature trees to add privacy between the properties would satisfy this concern. · Asked if the large radio tower left behind on this site by a previous owner could be removed as part of this project. This tower is an eyesore for the neighborhood. Chair Francois asked about the window. Planning Commission Minutes of September 24, 2002 Page 7 Senior Planner Geoff I. Bradley advised that the San Tomas Area Neighborhood Plan tries to limit privacy impacts and that it is routine to require screening landscaping to mitigate privacy concerns. Chair Francois asked about the radio tower. Senior Planner Geoff I. Bradley said that he would require additional information, as he has not seen this tower. Commissioner Jones asked about Code requirements for such a tower. Director Sharon Fierro advised that staff would have to find out from the applicant whether they plan to keep it. Commissioner Gibbons pointed out that it appears as if one tree is planned but that there appears to be room there for another. Director Sharon Fierro stated that as for the proposal to add a Condition of Approval to require the removal of the tower, staff would work with the applicant on the possible removal. However, if this is a ham radio tower, the City has limited ability to require its removal. Commissioner Gibbons suggested that staff also work with the applicant and neighbor on landscaping. Director Sharon Fierro offered that view-obscuring glass on the bay window would be another alternative. Commissioner Alderete asked if a tree is required as part of an approval, is that tree then protected. Director Sharon Fierro replied yes. Chair Francois closed the Public Heating for Agenda Item No. 3. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 3458 granting a Site and Architectural Review Permit (PLN2002-77) to allow a second story residential addition to an existing single-family residence on property owned by Celeste and Bill Battrell located at 909 Robin Lane with two added requirements: 1. That staff work with the applicant and neighbor to address privacy issues at the rear and side yards and 2. That possible removal of the existing radio tower be explored, and if it is to remain, to minimize its visual impacts on the neighbors, and found this project to be Categorically Exempt, by the following roll call vote: AYES: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None Planning Commission Minutes of September 24, 2002 Page 8 ABSENT: Doorley 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. 4. PLN2002-85 Taborek, R & A Public Hearing to consider the Application of Richard and Arline Taborek for a Tentative Parcel Map (PLN2002-85) to divide one lot into two on property owned by Richard and Arline Taborek located at 1441 Walnut Drive in an R-l-10 (Single Family Residential) Zoning District. The 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. Geoff I. Bradley, Senior Planner, presented the staff report as follows: Advised that an Administrative Hearing was held before the Community Development Director on August 20, 2002. Several property owners expressed concerns about the design of public improvements and the Director elected to forward this Parcel Map to the Planning Commission for consideration. Described the subject property as a large (25,000 square foot) lot with two frontages, one on Walnut and the second off Stevens Court. Said that the property owner wants to split the lot into two. The Walnut lot (Lot A) will consist of 10,500 square feet. The Stevens Court lot (Lot B) will consist of 14,300 square feet. · Added that the Zoning is R-l-10 and the two lots meet the minimum 10,000 square foot lot size. · Described the original requirement to include street improvement to include a turnaround area. Area neighbors believed that this would require unnecessary pavement area and the removal of a number of mature trees. · Advised that an alternative has been proposed that removes the requirement for this turnaround area. · Stated that there is no specific home design at this time for the newly created lot. · Explained that per Code, a front yard setback is required to be aligned parallel to the street and provided two exhibits that demonstrates staff's proposed buildable area for the new lot which demonstrates a traditional lot orientation as well as another alternative proposed by the applicant, which would have a different orientation to the lot in order to align side and rear yards with those of the adjacent parcels. Commissioner Alderete asked about the cul de sac. Senior Planner Geoff I. Bradley advised that it has been determined to be unnecessary in this instance and a preferable alternative has been found. Planning Commission Minutes of September 24, 2002 Page 9 Chair Francois opened the Public Hearing for Agenda Item No. 4. Mr. Richard Taborek, Applicant/Property Owner, 1441 Walnut Drive, Campbell: Pointed out that he had served as a working group leader for the San Tomas Policy in 1993. Added that many lots in the City of Campbell are irregular in shape. · Stated that Lot A is more like a cul de sac. · Said that there is a huge Monterey Pine on the new lot that has a circumference of 13 feet, 5 inches. His proposal treats the area in which this large tree is located as the rear yard and will help in the preservation of that tree. · Implored the Commission to recognize his proposal as the best one. Commissioner Hernandez asked staff if the Commission is required to identify the building area as part of the subdivision of this lot. Senior Planner Geoff I. Bradley replied not strictly, however, staff is requesting the Commission do so in this instance so that the building area will be recorded on the final map. Commissioner Hernandez asked staff how binding this building area designation might be. City Attorney William Seligmann replied that it would establish setbacks. Commissioner Gibbons pointed out that staff is trying to prevent a problem in the future. Director Sharon Fierro added that the City cannot create a situation that would necessitate a Variance in the future. Commissioner Jones asked if these established setbacks would apply if minimum setback requirements change in the future from 25 feet to 30 feet prior to development of this new lot. Director Sharon Fierro replied no. Commissioner Gibbons stated support for the applicant's proposal with an added condition that the large heritage tree be added to the survey and with the understanding that the development of the site will comply with all regulations in effect at the time of development. Director Sharon Fierro added that the tree should also be noted on the final map. Commissioner Hernandez said that he was not comfortable establishing buildable area without a specific project to consider. Director Sharon Fierro reminded that the first question staff will be asked when someone is ready to develop this lot is what the setbacks are. Staff needs to be able to tell the applicant before they can even begin to design their plans. Commissioner Jones said that the applicant's proposal fits better within the neighborhood with an arc setback from the street. Planning Commission Minutes of September 24, 2002 Page 10 Mr. Rich Taborek pointed out that the Ordinance applies to standard rectangular lots not cul de sac properties. Senior Planner Geoff I. Bradley said that there are different dimensional standards in creating the lot but that setbacks are fairly straightforward. Added that he could respect the argument and he could see where the applicant is coming from. Chair Francois closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3459 approving a Tentative Parcel Map (PLN2002-85) to divide one lot into two on property owned by Richard and Arline Taborek located at 1441 Walnut Drive, with two clarifications: 1. Use of Illustration B to define the front and back property lines with a 25-foot setback arc from the front of the street (Stevens Court) and all required setbacks being met; and 2. Final map to include all trees on the parcel to make them protected and found this project to be Categorically Exempt, by the following roll call vote: AYES: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: Doorley 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. 5 into the record. o PLN2002-92 (ZC) PLN2002-93 (PD) PLN2002-94 (PM) Edwards, M. Public Hearing to consider the applications of Mr. Mark Edwards, on behalf of Stonecreek Development Group, L.L.C., for a Zone Change (PLN2002-92) from R-D-S (Two Family District) to P-D (Planned Development), a Planned Development Permit (PLN2002-93) to allow the construction of four townhomes and a Tentative Parcel Map (PLN2002-94) to create four residential lots and one common lot on property owned by Mr. Mark Edwards located at 705 W. Hacienda Avenue in the R-D-S Zoning District. This project is Categorically Exempt. Tentative City Council Meeting Date: November 19, 2002. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: · Advised that the proposed architectural details include a stucco exterior, tile roof and hip and gable roof elements. The paint colors include cream body, tan trim and dark tan tile roofing. Planning Commission MinuL,~s of September 24, 2002 Page 11 · Added that no tree is proposed for removal and a 30-inch cedar in the public right-of-way will be protected during construction. · Advised that 14 off-street parking spaces will be provided, eight covered and six uncovered. Each of the four units will have two-car garages. · Recommended that the Commission forward a recommendation of approval to Council for approval of a Zone Change, Planned Development Permit and Parcel Map. Commissioner Gibbons asked if the large Redwood Tree, that appears to be very close to proposed Unit 3, will be protected and maintained. Planner Stephanie Willsey replied that this tree has been discussed and she has been assured that this tree will be protected. Added that there is a Condition of Approval that requires a Tree Protection Plan is prepared. Commissioner Hernandez presented the Site and Architectural Review Committee report as follows: · SARC reviewed this item on September l0th and was supportive. Chair Francois opened the Public Hearing for Agenda Item No. 5. Mr. Mark Edwards, Applicant/Property Owner: · Described himself as a long-time business owner in Campbell. · Advised that his father developed several parcels in the area and he has been searching for a developable lot in Campbell for some time. · Assured that this will be an upscale, high quality development for Campbell. Commissioner Hernandez extended his compliments to Mr. Edwards for a good development. Chair Francois closed the Public Hearing for Agenda Item No. 5. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Alderete, the Planning Commission took the following action: 1. Adopted Resolution No. 3460 recommending approval of a Zone Change (PLN2002-92) from R-D-S (Two Family District) to P-D (Planned Development); 2. Adopted Resolution No. 3461 recommending approval of a Planned Development Permit (PLN2002-93) to allow the construction of four townhomes; and 3. Adopted Resolution NO. 3462 recommending approval of a Tentative Parcel Map (PLN2002-94) to create four residential lots and one common lot on property owned by Mr. Mark Edwards located at 705 W. Hacienda Avenue, by the following roll call vote: AYES: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: Doorley ABSTAIN: None Planning Commission Minutes of September 24, 2002 Page 12 Chair Francois advised that this item would be considered by Council for final action at its meeting of November 19, 2002. 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 Council granted a Parking Exception for the Legacy Bank. · Suggested that Council could actually consider Item 5 from this evening's agenda at its October 15th meeting rather than the date proposed by staff for November 19th. · Informed the Commission that formal invitations are pending for the Commissioner's Dinner. · Reminded that the Planners Institute will be held from March 20-22, 2003. · Reminded that another Study Session on Rolling Hills would occur this Thursday, September 26th. · Invited the Commissioners to consider participation in a West Valley Cities Housing Tour with a luncheon at the Ainsley House. · Suggested that a Study Session be held on October 8th, either before or immediately following the regular meeting, to consider the proposed hotel development for the Andy's Barbecue site on E. Campbell Avenue. The decision was made to hold this Study Session following the meeting. AD,~OURNMENT The Planning Commission meeting adjourned at 8:55 p.m. to the next Regular Public Hearing on October 8, 2002, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: ~~ Corinne A. Shinn, Recording Secretary APPROVED BY~ .~~~ jt~'J Tom Francois, CC>hair ATTEST: ~~ Sharon Fierro, Secretary