Loading...
PC Min 01/14/2003CITY OF CAMPBEI J. PLANNING COMIMISSION MINUTES 7:30 P.M. TUESDAY JANUARY 14, 2003 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of January 14, 2003, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Outgoing Chair Francois, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Joseph D. Hemandez George Doorley Bob Alderete Elizabeth Gibbons Tom Francois Brad Jones Michael Rocha 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 ELECTION OF 2003 CHAIR AND VICE CHAIR Motion: On motion of Commissioner Jones, seconded by Commissioner Gibbons, Commissioner. Joseph Hernandez was selected to serve as the 2003 Planning Commission Chair. (7-0) Outgoing Chair Francois passed the gavel to 2003 Chair Hemandez. Planning Commission Minutes of January 14, 2003 Page 2 Motion: On motion of Commissioner Francois, seconded by Commissioner Jones, Commissioner George Doorley was selected to serve as the 2003 Planning Commission Vice Chair. (7-0) SPECIAL PRESENTATION TO 2002 CHAIR Chair Hernandez presented the Chair's Plaque to Outgoing Chair Francois and expressed appreciation for his leadership, sense of humor, common sense and willingness to listen and carefully consider every point of view. APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Alderete, the Planning Commission minutes of November 26, 2002, were approved. (6-0-0-1; Commissioner Gibbons abstained) COMMUNICATIONS. 1. Letter from the Campbell Inn regarding Agenda Item No. 1. AGENDA MODIFICATIONS OR POSTPONEMENTS None. ORAL REQUESTS Mayor Daniel E. Furtado: · Extended congratulations to newly appointed Chair Joseph Hemandez and Vice Chair George Doorley. · Thanked Commissioner Francois for his service as Chair during 2002. · Acknowledged the entire Commission for its service to the City and stated that he is aware that the work of the Commission can be difficult. · Advised that this will be a busy year for the City with ongoing projects that will continue, including the Heritage Theater, the Community Center Master Plan and the refurbishing of the Budd Avenue side of J.D. Morgan Park. · Said that the City of Campbell is doing a great job at meeting its responsibility for more housing. · Declared his belief that the economy will turn around, as this is a vital area for both the State and the Nation. · Stated that the current State budget situation is ominous and that all officials have to buckle down and try to solve the budget crisis, without the need to assign fault for the crisis, but rather to tackle the problem as best as it can be tackled. · Added that the potential loss of vehicle license fees is a very big concern for cities. · Informed that the State is also considering encumbering Redevelopment funds but that this may, in fact, not be legal to do. · Stated that this will be a tough and long battle and that he will look out for the City's interests as best he can. · Reiterated his thanks to both the Commission and staff for their dedication to duty. PUBLIC HEARING Chair Hernandez read Agenda Item No. 1 into the record. Planning Commission Minutes of January 14, 2003 Page 3 PLN2002-96 (PD) PLN2002-116 (TRP) PLN2002-124 (SA) Glass, L. Continued Public Hearing (from the Planning Commission meeting of November 26, 2002) to consider the application of Ms. Libby Glass, on behalf of Campbell Suites Group, LLC, for a Planned Development Permit (PLN2002-96) to allow the construction of a new 95 room extended stay hotel and a Tree Removal Permit (PLN2002-116) to allow the removal of two trees and a Sign Application (PLN2002-124) for a freeway-oriented sign on property owned by the John Davis Family Trust located at 690-700 E. Campbell Avenue in a P-D (Planned Development) Zoning District. A Mitigated Negative Declaration was prepared for this project. Project Planner: Tim J. Haley, Associate Planner Chair Hernandez announced that the applicant has requested a continuance and asked staff for additional details. Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Advised that this matter was continued from the November 26, 2002, Planning Commission meeting. · Added that on-going discussions have been taking place between the applicant and staff and both sides support a continuance to a date uncertain to allow additional time to work out the details. This item will be properly renoticed once it is ready for public hearing. Commissioner Alderete asked staff for any specific reasons given for the delay and whether staff feels that progress is being made. Senior Planner Geoff I. Bradley advised that there are a number of outstanding issues that must be ironed out but that he thinks progress is being made. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Jones, the Planning Commission continued consideration of a Planned Development Permit (PLN2002-96) to allow the construction of a new 95- room extended stay hotel; a Tree Removal Permit (PLN2002-116) to allow the removal of two trees and a Sign Application (PLN2002-124) for a freeway oriented sign on property owned by the John Davies Family Trust located at 690-700 E. Campbell Avenue, to a date uncertain. (7-0). Chair Hernandez read Agenda Item No. 2 into the record. Planning Commission Minutes of January 14, 2003 Page 4 2. PLN2002-157 Staff Public hearing to consider a City-initiated text amendment (PLN2002-157) to add a section to Chapter 21.59 General Provisions and Exceptions of the Campbell Municipal Code requiring the screening of garbage, recycling and yard waste containers and prohibiting them to be stored within any front yard or street side yard on comer lots on single-family residential properties. This project is Categorically Exempt. Tentative City Council Meeting Date: February 18, 2003. Project Planner: Darcy Smith, Planner II. Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Advised that it was brought to the City Council's attention, at their meeting of October 15, 2002, that residents living on Redding Road were unhappy with one property owner that has been leaving a dumpster out on the sidewalk for extended periods of time. · Added that the Municipal Code, as it is currently written, does not offer clear guidelines on how long a trash container can stay out. · Said that the Council directed staff to prepare an amendment to the Municipal Code to clarify this. Additionally, the Planning Commission is to review an amendment that pertains to a requirement to screen trash containers from public view. · Stated that a policy incorporated into the last edition of the General Plan, adopted in December 2001, calls for the screening and a limitation of the time a container can be left on the street for pickup. · Informed that staff conducted a survey of several other communities and has come up with a recommendation that 24 hours, before and after garbage pickup, is a reasonable amount of time whereby the container can stay out in the public view. · Reiterated that the Commission tonight is to consider the screening requirements only. · Stated her availability for questions. Commissioner Doorley asked how these new regulations would be communicated to residents, what penalties would be imposed and whether there is sufficient staff available to enforce these new requirements. Director Sharon Fierro: · Advised that a clause has been incorporated that states that this change would be effective six months after final adoPtion. · Added that staff will work with the local newspapers, the Campbell Express and Campbell Reporter, to get the word out. · Assured that the City would not use a heavy hand to enforce but rather would try to ask for a reasonable compliance period. However, flagrant violations could result in a citation. Commissioner Doorley asked what steps would lead to a citation. Director Sharon Fierro: · Stated that the Code Enforcement process starts from a complaint. Staff does not necessarily drive around looking for violations. · Said that following receipt of a complaint, staff sends a courtesy notification to the property owner. Typically, 85 to 90 percent of the cases are handled right away. For those Planning Commission Minutes of January 14, 2003 Page 5 who do not comply, a second notice is sent, a Notice of Violation. People pay more attention to that one and are given ample time to correct the violation. · Added that in the future an Administrative Citation will be an option, which would result in the sending of a bill. · Said that a bill, unfortunately, does not screen trash. · Advised that after the Citation process, a case ends up with the City Attorney. City Attorney William Seligmann: · Added that an arraignment date is set but that they try to work things out prior to that step. · Said that the penalties are either a misdemeanor or infraction citation, both with little or no fine. However, the City is not looking for a fine. Typically, they result in a probation violation requiring compliance or the Court will come down on the violator. The maximum fine is typically $1,000. Commissioner Doorley asked about enforcement staff, saying that this makes a difference in the effectiveness of this amendment. Director Sharon Fierro: · Stated that most people want to comply and arrange to comply. Added that staff must prioritize Code Enforcement. Substandard housing and nuisance property conditions that result in rats are the types of cases that take precedence. · Advised that she did not anticipate that enforcement of this new Ordinance would be a big problem. Commissioner Rocha asked how non-owner occupied properties are dealt with and whether it is the individual using the property or the property owner who is notified of violations. Director Sharon Fierro agreed that trash screening could be a physical attribute of the property. While staff attempts to work with the resident, the owner, if different, is also notified. Commissioner Alderete pointed out that hedge screening is not mentioned in the draft but rather just solid structure walls and fences. Director Sharon Fierro replied that hedges were originally in the draft but staff took it out since it is possible the proposed hedge screening could be inadequate to accomplish the required screening. Senior Planner Geoff I. Bradley added that language in the Ordinance gives the Director some leeway. Commissioner Gibbons advised the Commission that without such an Ordinance, staff has no leverage to enforce problems of garbage container screening for residential properties. This Ordinance will serve as a tool for staff and the community. Commissioner Rocha pointed out that if the Ordinance does not have "teeth" no one would respond. Planning Commission Minutes of January 14, 2003 Page 6 Chair Hemandez opened and closed the Public Hearing for Agenda No. 2. Commissioner Doorley stated his support of this Ordinance amendment since blight is a big problem within a community. Agreed that the Ordinance needs teeth and must be strong enough to do something to correct the problem. Commissioner Gibbons asked if the enforcement process outlined by staff is typical. Director Sharon Fierro replied yes. City Attorney William Seligmann added that while staff does not go out to find enforcement issues, if staff happens to come across a dangerous condition, those concerns are pursued. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3475 recommending the addition of a section to Chapter 21.59 General Provisions and Exceptions of the Campbell Municipal Code requiring the screening of garbage, recycling and yard waste containers and prohibiting them to be stored within any front yard or street side yard on corner lots on single-family residential properties and found the project Categorically Exempt, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: None ABSTAIN: None MISCELLANEOUS Chair Hernandez read Agenda Item No. 3 into the record. 3. Update on AB1866 Update on Assembly Bill 1866 concerning secondary living units. Project Planner: Sharon Fierro, Community Development Director. Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Advised that the State Legislature approved Assembly Bill 1866 on September 29, 2002, which requires that secondary living units be approved through an administrative process and prohibits any City requirement for public hearing. This is effective as of July 1, 2003. · Pointed out that existing law allows for a Use Permit process but the new law will prohibit the public hearing process required for issuance of a Use Permit. · Stated that the language in the bill is both confusing and contradictory and that while secondary living units would no longer require a Use Permit with public hearing, all standards would still have to be met. Planning Commission Minutes of January 14, 2003 Page 7 · Added that staff will work to make this new law known to local residents through the local community newspapers. · Pointed out that the large lots within the City of Campbell are located within the San Tomas Area. The requirement is a 12,000 square foot lot to accommodate a secondary living unit. However, a General Plan policy calls for the adoption of amendments to reduce the minimum lot size to 10,000 square feet. · Informed that the administrative process will provide Site and Architectural Design Review administratively. Approvals will have conditions. · Added that while notification is not required under the law, staff plans to notify adjacent owners of a pending secondary living unit but not the previous notification of owners within 300 feet. · Concluded that this report is an informational item for the Commission as local jurisdictions have been pre-empted by State law. Commissioner Gibbons asked whether the purpose of this change is to allow more secondary living units. Asked if a community still has the option to regulate size of secondary living units, setbacks and other such details and whether a heating on aesthetics issues is still possible. Director Sharon Fierro advised that the City Attorney says no. City Attorney William Seligmann added that the purpose of the law is to eliminate public heatings and to streamline the process for securing secondary living units. The regular City standards will be abided by but with a staff level review and approval. Commissioner Gibbons asked if any appeal of design is possible. City Attorney William Seligmann replied no. Director Sharon Fierro offered to bring objective criteria that she would use to provide the administrative level approvals to the Commission. Commissioner Gibbons said that the Commission is usually supportive of secondary living units and pointed out that there are potentially 700 lots in the City where secondary living units are possible, given the reduction in required lot size to 10,000 square feet. Director Sharon Fierro assured that all setbacks, parking standards and other requirements would be dealt with. Commissioner Gibbons remembered a Study Session held some time ago on the subject of secondary living units. Director Sharon Fierro clarified that the Study Session was actually on accessory buildings and preventing them from becoming secondary living units without benefit of permits. Commissioner Doorley asked if there is a fiscal impact on the City with this change. Planning Commission Minutes of January 14, 2003 Page 8 Director Sharon Fierro directed a question to the City Attorney as to whether the City is still permitted to impose an application fee. City Attorney William Seligmann replied yes, as long as the fee does not cost more than actual costs for processing the application. Directory Sharon Fierro advised the Commission that the City is in the process of performing an extensive fee study to review existing fees against actual time spent processing an application. Commissioner Gibbons suggested that this might be creating an unfair situation to having some things with a public heating and others without benefit of a public heating. Director Sharon Fierro replied that the State has pre-empted the cities in this and previous issues, including residential group homes. This action by the State is the result of some cities that had policies that were too restrictive. Chair Hernandez asked about noticing requirements. Director Sharon Fierro: · Stated that noticing is not required but that she plans to go ahead and notify adjacent properties of pending secondary living units, simply as a courtesy and advising that this is not a discretionary permit. · Pointed out that there were but two secondary living units processed in 2002, although there is a potential of 700 properties within the City that could accommodate a second unit. However, not everyone who has a large enough parcel for a second unit will automatically want to have one. · Added that the typical Park In Lieu Fee would still be imposed. Commissioner Jones asked about granny flats. Director Sharon Fierro advised that a granny flat is simply another term for a secondary living unit. Commissioner Alderete asked if these second units would count toward the City's new housing unit requirements. Director Sharon Fierro replied yes. Chair Hernandez opened the hearing for Agenda Item No. 3. Ms. Meg Stein, 1203 Hazel Avenue, Campbell: · Reminded that she attends the Commission meetings as the representative of the San Tomas Neighborhood Association. · Said that the area consists of many large lots with small homes on them. · Stated her willingness to help get the word out to the community on this change in law. Planning Commission Minutes of January 14, 2003 Page 9 · Asked if there was any proposal to reduce the minimum lot size for secondary units any lower than 10,000 square feet. Director Sharon Fierro replied that the current minimum is 12,000 square feet while the General Plan requires the adoption of an Ordinance to reduce the minimum lot size to 10,000 square feet. This will be handled with the Zoning Update that will occur this summer. Added that the secondary unit would be counted against the allowable floor area ratio for a parcel. Therefore, parcels with larger homes might not be able to accommodate a second unit, even if it is 10,000 square feet in size. Chair Hernandez closed the hearing on Agenda Item No. 3 and advised that no specific action is required of the Commission. Chair Hernandez read Agenda Item No. 4 into the record. Follow Up-Oral Request Item Staff Review of the staff follow up to the oral request made by Ms. Linda Andrianos at the November 12, 2002, Planning Commission meeting for consideration of amendments to the existing Fence Ordinance as it pertains to the processing and permitting of front yard fencing installations on residential properties. Project Planner: Tim J. Haley, Associate Planner. Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Reminded that at the November 12, 2002, Planning Commission meeting, Linda Andrianos, a resident of Marilyn Drive, requested amendments to Ordinance requirements for fencing to require regulation of the design and appearance of front yard fencing. · Advised that the requirement is that front yard fencing be lower than 42 inches. If a higher fence is requested, a Fence Exception must be processed. With the support of the adjacent neighbors, this can be done at staff level. Without the support of adjacent neighbors, the request comes before the Planning Commission for consideration and approval. · Stated that Ms. Andrianos' immediate neighbor installed a fence that she finds to be out of character with her neighborhood, a closed solid fence. · Added that this fence is three to eight inches over the maximum allowed height. · Said that Ms. Andrianos' real concern is how the City looks at Fence applications and not this specific installation. · Informed that the City has received few complaints over the design of front yard fences and finds it difficult to limit the type and style of fence. · Recommended that the City not get into the business of regulating front yard fences any further than it does with the existing Ordinance. Chair Hernandez advised that no specific action is required of the Commission. Planning Commission Minutes of January 14, 2003 Page 10 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 approved the street name of Chamberlin Court for the new housing development at the former Rolling Hills Shopping Center site on January 7, 2003. The name is a historic one that represents a former Campbell principal, whose wife was also once Citizen of the Year. · Added that Council also authorized her to proceed with the Annual Weed Abatement program. · Said that an Appeal of a new house that was approved for construction at 1070 S. San Tomas Aquino Road was denied and the PC action was upheld. · Stated that the next Planning agenda will consist of three items. Commissioner Francois asked about the composition of the SARC Committee for 2003. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Francois, Commissioner Gibbons was appointed the second member of the Site and Architectural Review Committee for 2003. (7-0) Commissioner Jones asked about the possibility of Campbell having a single bin recycle container such as San Jose's residents use. Director Sharon Fierro replied that the current garbage contract would not expire until 2007. City Attorney William Seligmann added that this issue could be negotiated at that time. ADJOURNMENT The Planning Commission meeting adjourned at 8:28 p.m. to the next Regular Public Hearing on January 28, 2003, in the Council Chambers, C~ity Hall, 70 North First Street, Campbell, California. Corinne A:'S~rt~ln, R~/~f~ng Secretary APPROVED BY: '~seph I-~rna~ ATTEST: Sharon Fierro, Secretary