PC Min 04/10/2001CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
APRIL 10, 2001
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of April 10, 2001, was called to order at 7:30 p.m., in
the Council Chambers, 70 North First Street, Campbell, California by Chairperson
Lindstrom, and the following proceedings were had, to wit:
ROLL CALL
Commissioners Present:
Chair:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Mel Lindstrom
Tom Francois
George Doorley
Elizabeth Gibbons
Joseph D. Hernandez
Brad Jones
Dennis Lowe
Commissioners Absent:
None
Staff Present:
Community
Development Director:
Senior Planner:
Associate Planner:
Planner I:
Planner I:
City Attorney:
Reporting Secretary:
Sharon Fierro
Geoff I. Bradley
Tim J. Haley
Kristi Bascom
Darcy Smith
William Seligmann
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Hernandez, seconded by Commissioner
Lowe, the Planning Commission minutes of March 27, 2001, were
approved. (5-0-0-2; Commissioners Francois and Gibbons abstained,
as they were absent from this meeting)
Planning Commission MinuLe, s of April 10, 2001 Page 2
COMMUNICATIONS.
1. Letter regarding Agenda Item No. 1.
2. Notice of General Plan Update Meetings - April 30tn and May 3fa.
3. CIP 2001-2008
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no modifications or postponements.
ORAL REQUESTS
There were no oral requests.
PUBLIC HEARING
Chairperson Lindstrom read Agenda Item No. 1 into the record.
PLN2001-05
Haun, G.
Continued Public Heating to consider the application of Mr. Gene
Haun for approval of a Conditional Use Permit (PLN2001-05) to
allow conversion of an existing accessory building into a second
single-family residence on property located at 1071 El Solyo Avenue
in an R-l-6 (Single Family Residential) Zoning District. This project
is Categorically Exempt. Planning Commission decision final in 10
days, unless appealed in writing to the City Clerk. (Continued from
the February 27, 2001, Planning Commission meeting.)
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that this item was before the Commission at its meeting of February 27, 2001.
· Reminded that the applicant is seeking a Conditional Use Permit to allow the conversion of
an existing accessory structure into a secondary living unit.
· Informed that any lot exceeding 12,000 square feet can accommodate a secondary living
unit.
· Said that in the past this existing structure was converted into a four-unit apartment.
· Advised that the Commission had requested the elimination of a door; the relocation and
soundproofing of windows; the preparation of a covenant restricting use of the side yard to
prohibit a dog run and/or storage; the elimination of one bathroom on the first floor and
additional rear and side yard landscaping.
· Said that a letter from the applicant was distributed this evening wherein he proposes
alternatives to the Commission recommendations as follows: use of obscuring glass
instead of the relocation of the two windows, retention of the downstairs bath with the
removal of the tub/shower and his acceptance of the covenant requirement.
· Said that staff recommends approval of a Resolution approving this Use Permit with the
Conditions of Approval to relocate the windows and eliminate one downstairs bathroom.
Commissioner Hemandez asked for clarification regarding the window recommendation and
the requirement to remove one full bathroom downstairs.
Mr. Tim J. Haley stated that what the applicant is recommending is obscure glass, which one
cannot see through while still allowing light. He added that the Commission had sought the
Planning Commission MinuLes of April 10, 2001 Page 3
entire removal of one of the downstairs bathrooms while the applicant wants to downgrade one
bath to a half bath (toilet and basin and no shower or tub).
Commissioner Lowe asked if the plans tonight are the same as seen at the previous meeting.
Mr. Tim J. Haley replied yes.
Mr. Gene Haun, 1071 E1 Solyo Avenue, Campbell:
Said that it is not that unusual to have 3.5 baths in a residence this size.
Added that he had no objection to removing the bathtub from the garage bathroom but
wanted to retain the toilet and basin.
· Advised that he has met with his neighbor, Mr. Murphy, and they have come to a meeting
of the minds.
· Added that to remove the two windows would create a tunnel-like impact upstairs.
Commissioner Lindstrom asked if the 8-foot driveway is incorporated in the plans.
Mr. Gene Haun replied yes.
Commissioner Lowe asked how the Commission could ensure that the bath is actually removed
since that removal is not depicted in the plans.
Ms. Sharon Fierro, Community Development Director, suggested that the applicant submit
revised plans for stamping, which reflect the removal.
Commissioner Doorley asked Mr. Haun if he still had problems with the inspection criteria.
Mr. Gene Haun replied that it was not a major problem at this point. The City has a lot of
leeway in initiating inspections in any situation.
Mr. Patrick Murphy, 1084 Arroyo Seco Drive, Campbell:
· Advised that he has met with Mr. Haun.
· Added that he has no issue with visual privacy but wants to see soundproof and stationary
windows upstairs if possible.
· Said that he is not asking for any unreasonable restrictions and that he was sure he could
work directly with Mr. Haun in the future.
Commissioner Lowe asked whether these windows could be fixed since they are in a bedroom.
Commissioner Gibbons replied that these windows would need to be operational to provide a
means of egress from a bedroom.
Mr. Tim J. Haley agreed that there is a Code requirement for operational windows for exiting
purposes.
Planning Commission Minutes of April 10, 2001 Page 4
Ms. Sharon Fierro said that the applicant is suggesting the use of obscuring glass instead of
relocating any windows.
Commissioner Gibbons said that, with double paned windows using obscure glass, she could
support this request. Added that each room must have an operable window and to relocate the
upstairs windows would require removing interior walls too.
Mr. Tim J. Haley added that the neighbor's closest window is 65 feet from these windows.
Commissioner Gibbons added that the neighbor has indicated a willingness to accept
reasonable alternatives.
Chair Lindstrom clarified that the applicant is seeking the use of obscure glass on the two
windows in lieu of relocating them and retention of a half bath downstairs rather than its
complete removal.
Commissioner Lowe asked whether the obscure glass windows are available in sizes
compatible to this residence.
Mr. Geoff I. Bradley clarified that the applicant proposes to use some type of film over the
existing windows.
Chair Lindstrom asked if the existing windows are double paned.
Mr. GeoffI. Bradley replied yes.
Commissioner Gibbons reiterated that the windows could stay in place as long as the glass is
modified and soundproofed but the fourth bath must be completely removed per Commission's
recommendation.
Commissioner Doorley seconded that recommendation, especially the need to completely
remove the fourth bath.
Commissioners Francois, Lowe and Hernandez concurred.
Chairperson Lindstrom closed the Public Heating for Agenda Item No. 1.
Motion:
Upon motion of Commissioner Doorley, seconded by Commissioner Lowe,
the Planning Commission adopted Resolution No. 3332 approving a
Conditional Use Permit (PLN2001-05) to allow conversion of an existing
accessory building into a second single-family residence on property
located at 1071 El Solyo Avenue with the added conditions that two
windows be obscured with translucent film and soundproofed to the
satisfaction of the Community Development Director and that one entire
bathroom be removed from the first floor, by the following roll call vote:
AYES: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom
Planning Commission Minutes of April 10, 2001 Page 5
and Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Lindstrom advised that this approval is final in 10 days, unless appealed in writing
to the City Clerk.
Chairperson Lindstrom read Agenda Item No. 2 into the record.
2. tiP 99-01
Brisker, E.
Public Hearing to conduct a one-year review of a previously-
approved Conditional Use Permit (UP 99-01) relative to an on-sale
general liquor license, live entertainment and operational hours
beyond 11 p.m. in conjunction with an existing restaurant
(Nevsky's Restaurant) on property located at 1740 $. Winchester
Boulevard in a C-2-S General Commercial) Zoning District. This
Project is Categorically Exempt. Planning Commission decision
final in 10 days, unless appealed in writing to the City Clerk.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that this is a review of a previously approved Conditional Use Permit, which was
granted on April 27, 1999. At that time, a Resolution was adopted that allowed general on-
sale liquor sales, live entertainment and operational hours later than 11 p.m.
· Reminded that the applicant's original request had been for operational hours to 2 a.m. on
Thursdays, Fridays and Saturdays and special holidays.
· After testimony from neighbors, the Commission restricted the hours to midnight with a
one-year review of the use.
· Advised that it took the applicant time to establish the use, including the processing of the
Live Entertainment Permit, which was granted in the summer of 1999.
· The applicant is now seeking to extend the hours to 2 a.m. on Fridays, Saturdays and 10
special holidays each year.
· Informed that Police has reported no unusual activity at this location. Only one call has
been received.
· Said that staff is recommending approval with the original Conditions of Approval
retained.
Commissioner Lowe asked what the 10 special holidays include.
Mr. Tim J. Haley replied that they were not specifically identified but are traditional Russian
holidays.
Chair Lindstrom opened the Public Hearing for Agenda Item No. 2.
Chair Lindstrom closed the Public Hearing for Agenda Item No. 2.
Planning Commission Minutes of April 10, 2001 Page 6
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Francois,
the Planning Commission adopted Resolution No. 3333 extending a
previously-approved Conditional Use Permit (UP 99-01) relative to an on-
sale general liquor license, live entertainment and operational hours
beyond 11 p.m. in conjunction with an existing restaurant (Nevsky's
Restaurant) with an increase in hours to 2 a.m. on Fridays, Saturdays and
for 10 special holidays each year, on property located at 1740 S. Winchester
Boulevard, by the following roll call vote:
AYES: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom
and Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Lindstrom advised that this action is final in 10 days, unless appealed in writing to
the City Clerk.
Chairperson Lindstrom read Agenda Item No 3 into the record.
5. PLN2000-141
Gamble, R.
Public Heating to consider the application of Mr. Russ Gamble for
approval of a Planned Development Permit (PLN2000-141) to
allow the remodel of a portion of an existing building from
industrial to office uses on property located at 430 Salmar Avenue
in a PD (Planned Development) Zoning District. This Project is
Categorically Exempt. Tentative City Council Meeting Date:
May 1, 2001.
Mr. Tim J. Haley, Associate Planner, presented the 'staff report as follows:
· Advised that this request for a Planned Development Permit seeks to convert a portion of
an industrial building into office use.
· The project site is to the north of Downtown, adjacent to the new Summerhill project.
· The original building was constructed as a spec building in 1979. Approximately 24-
percent of the building is proposed for conversion from industrial to office use or 4,641
square feet. The remaining space will continue to be used for industrial uses.
· Advised that this request is consistent with the General Plan Land Use, Planned
Development Zoning and the Redevelopment District Project requirements.
· Added that the applicant is proposing to add additional landscaping as well as introducing
awnings and parapets.
· Advised that parking on the site exceeds that required.
· Staff recommends that the Commission adopt a Resolution recommending that Council
approve this application.
Commissioner Lowe presented the Site and Architectural Review Committee report as follows:
Planning Commission Minutes of April 10, 2001 Page 7
· Advised that SARC reviewed this proposal on March 27th and was supportive.
Chair Lindstrom opened the Public Heating for Agenda Item No. 3.
Chair Lindstrom closed the Public Hearing for Agenda Item No. 3.
Commissioner Doorley stated that it was too bad the conversion plans are not for the entire
building.
Motion:
Upon motion of Commissioner Doorley, seconded by Commissioner
Gibbons, the Planning Commission adopted Resolution No. 3334
recommending approval of a Planned Development Permit (PLN2000-141)
to allow the remodel of a portion of an existing building from industrial to
office uses on property located at 430 Salmar Avenue, by the following roll
call vote:
AYES: Doorley, Francois, Gibbons,
and Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Hernandez, Jones, Lindstrom
Chairperson Lindstrom advised that this action is final in 10 days, unless appealed in writing to
the City Clerk.
Chairperson Lindstrom read Agenda Item No. 4 into the record.
4. PLN2001-30
Schilperoort, A. & S.
Public Heating to consider the application of Alex and Stacy
Schilperoort for a Site and Architectural Approval (PLN2001-
30) to allow the construction of a new single-family residence
on property located at 1355 Burrows Road in an R-l-10
(Single Family Residential) Zoning District. This project is
Categorically Exempt. Planning Commission decision final in
10 days, unless appealed in writing to the City Clerk.
Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows:
· Advised that this property is located on the west side of Burrows Road and has an existing
single-story residence. The new structure will be constructed behind the existing structure.
Once completed, the original home will be demolished prior to occupancy of the new
home.
· Said that staff has worked closely with the applicants. While this is a large home with
4,000 square feet including the garage and porch area, it is on a large site. The home meets
all STANP requirements. Trees will be retained.
· Said that staff is recommending approval.
Planning Commission Minutes of April 10, 2001 Page 8
Commissioner Lowe presented the Site and Architectural Review Committee report as follows:
Advised that SARC reviewed the project on March 27th and is supportive. Changes
requested included the use of limestone in the front elevation, windowsill details and use of
decorative color concrete for the driveway.
Chair Lindstrom opened the Public Hearing for Agenda Item No. 4.
Mr. Gary Giraud, 615 Louise Court, Campbell:
· Questioned the plan to retain the existing home during the construction of the new home.
Wondered if this is an unusual situation or is it allowed often.
Ms. Sharon Fierro clarified that the original structure must be removed prior to issuance of the
Certificate of Occupancy. Added that leaving the original structure allows the owners to reside
on their property during construction and therefore relieving them of the cost of renting a home
elsewhere. While such situations occur occasionally, it is not real common since most sites
would not accommodate both structures at the same time.
Chair Lindstrom closed the Public Heating for Agenda Item No. 4.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Hernandez, the Planning Commission adopted Resolution No. 3335
granting a Site and Architectural Approval (PLN2001-30) to allow the
construction of a new two-story single-family residence on property located
at 1355 Burrows Road, by the following roll call vote:
AYES: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom
and Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Lindstrom advised that this action is final in 10 days, unless appealed in writing to
the City Clerk.
Chairperson Lindstrom read Agenda Item No. 5 into the record.
5. PLN2001-24
Riewe, C.
Public Heating to consider the application of Ms. Carol Riewe for
a Site and Architectural Approval (PLN2001-24) to allow the
remodel of an existing office building on property located at 72
W. Campbell Avenue in a P-O (Professional Office) Zoning
District. This project is Categorically Exempt. Planning
Commission decision final in 10 days, unless appealed in writing
to the City Clerk.
Planning Commission Minutes of April 10, 2001 Page 9
Ms. Kristi Bascom, Planner I, presented the staff report as follows:
· Advised that this request is for Site and Architectural Modifications to an office building
on the south side of Campbell Avenue, across the street from the Community Center.
This building is a former residence, which was converted to office use. The zoning of the
property is PO (Professional Office).
· Added that no new construction will occur other than a 9 square foot entry feature. The
project is a remodel including the changing roof pitch, additional landscaping, and the
addition of building articulation features such as wainscoting.
· Staff is recommending approval.
Commissioner Doorley asked what landscaping would be added due to the limitations of the
property.
Ms. Kristi Bascom advised that as much as possible is being added primarily through the
placement of planter boxes.
Commissioner Lowe presented the Site and Architectural Review Committee report as follows:
· Advised that SARC reviewed this proposal on March 27th and was supportive.
· Stated that the applicant is doing a quality job here and this is a great project.
Chair Lindstrom opened the Public Hearing for Agenda Item No. 5.
Mr. Paul Petralia, adjacent neighbor:
· Said that he has lived next door to this property for 28 years.
· Said that these current owners have greatly impressed him and they have improved this
property one hundred percent.
· Expressed support for this proposal.
Chair Lindstrom closed the Public Hearing for Agenda Item No. 5.
Motion:
Upon motion of Commissioner Francois, seconded by Commissioner
Gibbons, the Planning Commission adopted Resolution No. 3336 granting a
Site and Architectural Approval (PLN2001-24) to allow the remodel of an
existing office building on property located at 72 W. Campbell Avenue, by
the following roll call vote:
AYES: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom
and Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Lindstrom advised that this action is final in 10 days, unless appealed in writing to
the City Clerk.
Planning Commission Minutes of April 10, 2001 Page 10
Chairperson Lindstrom read Agenda Item No. 6 into the record.
6. PLN2001-31
LaMar, M & T
Public Heating to consider the application of Mark and Tyra
LaMar for a Site and Architectural Approval (PLN2001-31) to
allow the construction of a new single-family home on property
located at 1099 W. Parr Avenue in an R-l-10 (Single Family
Residential) Zoning District. This project is Categorically
Exempt. Planning Commission decision final in 10 days, unless
appealed in writing to the City Clerk.
Ms. Kristi Bascom, Planner I, presented the staff report as follows:
· Advised that this request is for a new two-story single-family residence on the north side of
W. Parr and across the street from Los Gatos Community Hospital.
· The new home will include 4,665 square feet, a 317 square foot garage and basement space
beneath half the house. The FAR is .45. The maximum height is 28 feet.
· Advised that this project meets all development standards and the STANP requirements.
· Trees on site will be retained.
· Said that staff is recommending approval.
Commissioner Lowe presented the Site and Architectural Review Committee report as follows:
· Advised that SARC reviewed this project on March 27th and made a couple of changes,
which have been incorporated into the current plans. Bay windows were changed to 45-
degree windows and corbel braces were removed.
Chair Lindstrom opened the Public Hearing for Agenda Item No. 6.
Mr. Gary Giraud, 615 Louise Court, Campbell:
Questioned whether the STANP limits FAR to 4,500 square feet based on a maximum
10,000 square foot lot, even if the actual project site is larger.
· Added that this proposal includes almost 6,000 square feet of building structure.
· Said that this seems like a lot of structure.
Mr. Geoff I. Bradley advised that the FAR is based on actual lot area.
Chair Lindstrom closed the Public Heating for Agenda Item No. 6.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Francois,
the Planning Commission adopted Resolution No. 3337 granting a Site and
Architectural Approval (PLN2001-31) to allow the construction of a new
single-family home on property located at 1099 W. Parr Avenue, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom
and Lowe
None
None
None
Planning Commission Minutes of April 10, 2001 Page 11
Chairperson Lindstrom advised that this action is final in 10 days, unless appealed in writing to
the City Clerk.
Chairperson Lindstrom took a moment to commend Commissioners Lowe and Hemandez for
their work over the last few SARC meetings where many projects were carefully considered.
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 on April 3rd, Council took second reading of the Moratorium extension on
Central/Harrison; adopted a Text Amendment requiting non-conforming uses due to
extended hours of operation become compliant within 24 months; adopted a Text
Amendment establishing an Appeal Filing Fee of $100.
· Informed the Commission that a Study Session will take place prior to the Planning
Commission meeting on April 24th in order to review the Loft Project at the Water Tower.
SARC will begin at 5:45 p.m. and the Study Session at about 6:15 p.m.
· Advised that the Census information provides a Campbell population of 38,138. This
number is smaller than that previously believed and based upon Department of Finance
numbers.
Commissioner Gibbons encouraged that alternative energy systems be considered in the future
and specifically be taken into consideration during the Housing Element Update. Said the City
needs to be pro-active.
Ms. Sharon Fierro advised that Mayor Matt Dean has asked staff to look into energy issues in
relation to the General Plan Update and related policies.
Commissioner Lowe suggested that Campbell might consider building its own generating
plant.
Commissioner Doorley stated his views that conservation is not the problem in this Valley but
rather the energy shortages are a result of governmental inaction.
ADJOURNMENT
The Planning Commission meeting adjoumed at 8:47 p.m. to the Planning Commission
meeting of April 24, 2001, in the Council Chambers, City Hall, 70 North First Street,
Campbell, California.
Planning Commission MinuLes of April 10, 2001
SUBMITTED BY: (/~J~-~
"-C~nnne A. Shi-~, R~or~g Secretary
APPROVED BY:
ATTEST:
' M 'el k4~d/:lstrom; (~hai~: "
~haron Fierro, Secretary
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