PC Min 07/10/2001CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
JULY 10, 2001
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of July 10, 2001, was called to order at 7:30 p.m., in
the Council Chambers, 70 North First Street, Campbell, California by Chair Lindstrom,
and the following proceedings were had, to wit:
ROLL CALL
Commissioners Present:
Chair:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Mel Lindstrom
Tom Francois
George Doorley
Elizabeth Gibbons
Joseph D. Hernandez
Dennis Lowe
Commissioners Absent:
Commissioner:
Brad Jones
StaffPresent:
Community
Development Director:
Senior Planner:
Planner II:
City Attorney:
Reporting Secretary:
Sharon Fierro
Geoff I. Bradley
Darcy Smith
William Seligmann
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Francois, seconded by Commissioner
Gibbons, the Planning Commission minutes of June 26, 2001, were
approved. (3-0-1-3; Commissioner Jones was absent and
Commissioners Doorley, Hernandez and Lowe abstained)
COMMUNICATIONS.
There were no communication items
ORAL REQUESTS
There were no oral requests.
Planning Commission Minutes of July 10, 2001 Page 2
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
PUBLIC HEARING
Chair Lindstrom read Agenda Item No. 1 into the record.
PLN2001-
20/21/22/75
Costa, M.
Continued Public Hearing to consider the application of Mr. Michael
Costa for Site and Architectural Approvals (PLN2001-20/21/22) and
a Tree Removal Permit (PLN2001-75) to allow the construction of
three new single family residences on properties located at 1555,
1561 and 1573 Van Dusen Lane in an R-l-9 (Single Family
Residential) Zoning District. Planning Commission decision final in
10 days, unless appealed in writing to the City Clerk. (Continued
from the Planning Commission meeting of June 26, 2001.)
Ms. Darcy Smith, Planner II, presented the staffreport as follows:
· Advised that the applicants are seeking three Site and Architectural Approvals to allow the
construction of three single-family residences and a Tree Removal Permit to allow the
removal of one tree.
· Said that the subject properties are locates south on Van Dusen Lane, west of Harriet
Avenue.
· Added that the properties are surrounded on three sides by single-family residences and by
Pollard Road on the fourth side.
· Advised that the Community Development Director approved a tentative map creating
three lots on June 1, 1999, but that the final parcel map is not yet approved.
· Said that the General Plan Land Use is Low-Medium Density Residential allowing less
than 4.5 units per gross acre. This proposal equals a density of three units per gross acre.
· Said that the zoning is R-1-9 and that this proposal meets all zoning requirements as well as
all requirements under the San Tomas Area Neighborhood Plan.
· Informed that each single-family residence will have a detached three-car garage. Each
home has a distinctive architectural design with varied roofs, entry features and materials
and colors.
· Said that there were three trees on the property, which are protected under the City's Tree
Ordinance. An oak tree will be retained and the design of one of the homes was
specifically created to fit with that oak tree. One of the trees, a cedar, was erroneously
removed without benefit of a Tree Removal Permit during the demolition of the existing
structure on the property. A penalty will be imposed for that tree's removal, calling for the
installation of four 36-inch box trees. A third tree, a black acacia, is considered to be in
poor structural condition and will be replaced with a 24-inch box tree as a Condition of
Approval. Additionally, it is required that each parcel have six trees per the requirements
of the STANP.
· Advised that SARC reviewed this proposal on June 12th and requested a more significant
variety of front elevations for the three homes. SARC reviewed the applicant's revised
plans on June 26th and was supportive with the changes.
· Suggested that the Commission adopt a Resolution granting three Site and Architectural
Approvals to allow the construction of three new single-family residences and adopt a
Planning Commission Minutes of July 10, 2001 Page 3
Resolution granting a Tree Removal Permit for the removal of one tree. Added that the
Conditions of Approval will be modified to require the planting of four trees in
replacement of the improperly removed tree.
Commissioner Francois presented the Site
follows:
· SARC concurred with the staff report.
and Architectural
Review Committee report as
Commissioner Gibbons asked if there is any recourse should the tree slated for retention be
damaged and/or destroyed during construction.
Ms. Darcy Smith replied that should the tree be damaged, the applicants would have to process
a Tree Removal Permit and replace the tree on a one to one ratio.
Chair Lindstrom opened the Public Hearing for Agenda Item No. 1.
Mr. Scott Eckerman, 1513 Van Dusen Lane, Campbell:
· Stated that the architect has done a wonderful job on the plans.
· Advised that he is an adjacent property owner.
· Questioned the grading plans for the lot, asking if it would be raised significantly.
· Said that there are already significant drainage issues due to the CalTrans property.
· Said that the neighborhood is happy to see the old house gone.
· Expressed concern about trucks dumping dirt onto the site after dark.
Mr. Kirk Miller, Architect:
· Advised that the elevation will be the same as it is now.
· Added that the storage of dirt on site is a temporary thing.
· Assured that per the Building Code, drainage from one site cannot be diverted to a
neighboring property.
Commissioner Gibbons advised Mr. Eckerman that there are strict construction hours and he
should call the police if work occurs after hours.
Commissioner Doorley questioned the temporary storage of dirt on site.
Mr. Geoff I. Bradley, Senior Planner, advised that staff was unaware that this temporary
storage was occurring and that such temporary storage is not permitted within a residential
area.
Director Sharon Fierro assured the Commission that staff would follow up.
Commissioner Doorley expressed concern about the tree removal without benefit of proper
permits.
Planning Commission Minutes of July 10, 2001 Page 4
Mr. Kirk Miller, Architect, reiterated the importance and value of the oak tree and their
commitment to ensuring that this tree is properly protected during construction. This tree has
an economic value and enhances the property immensely.
Billy Seveta, Project Applicant:
Advised the Commission that the tree that was improperly removed was mistakenly not
fenced during demolition and removed in error.
Commissioner Doorley stated that tree protection standards are common in all local
communities and questioned whether this tree removal was not simply a matter of expediency.
Commissioner Francois said that he is convinced that this is just a mess up, a mistake, and that
the applicants will pay the penalty of replacing this tree with four trees.
Chair Lindstrom closed the Public Heating for Agenda Item No. 1.
Commissioner Doorley pointed out that it appears that excessive pruning is resulting in many
of the Tree Removal Permit requests considered by the City once a tree's structure is
compromised. Added that he was not sure how this problem could be dealt with.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner Lowe,
the Planning Commission:
1. Adopted Resolution No. 3367 granting three Site and Architectural
Approvals (PLN2001-20/21/22) to allow the construction of three new
single-family residences; and
2. Adopted Resolution No. 3368 approving a Tree Removal Permit
(PLN2001-75) to allow the removal of one acacia tree,
On properties located at 1555, 1561 and 1573 Van Dusen Lane, by the
following roll call vote:
AYES: Doorley,
Lowe
NOES: None
ABSENT: Jones
ABSTAIN: None
Francois, Gibbons, Hernandez, Lindstrom and
Chair Lindstrom advised that this decision is final in 10 days, unless appealed in writing to the
City Clerk.
Chair Lindstrom read Agenda Item No. 2 into the record.
Planning Commission Minutes of July 10, 2001 Page 5
2. PLN2001-64
Smith, R.
Public Heating to consider the application of Robert E. Smith, on behalf
of Verizon Wireless, for a Site and Architectural Review Permit
Approval (PLN2001-64) to allow the construction of a wireless antenna
facility on the tower of the Sunnyoaks Fire Station on property located
at 485 w. Sunnyoaks Avenue in a P-F (Public Facilities) Zoning
District. This project is Categorically Exempt. Planning Commission
decision final in 10 days, unless appealed in writing to the City Clerk.
Chair Lindstrom advised that this item would be continued to the July 24, 2001, Planning
Commission meeting and opened the Public Hearing for Agenda Item No. 2.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner
Hernandez, the Planning Commission continued consideration for a Site
and Architectural Review Permit (PLN20001-64) to allow the construction
of a wireless antenna facility on the tower of the Sunnyoaks Fire Station on
property located at 485 W. Sunnyoaks Avenue to its meeting of July 24,
2001. (6-0-1; Commissioner Jones was absent)
Chair Lindstrom read Agenda Item No. 3 into the record.
3. PLN2001-71
Nazaradeh, E.
Public Hearing to consider the application of Edward Nazaradeh, on
behalf of St. Mary's Assyrian Chaldean Catholic Church, for a
Modification (PLN2001-71) to a previously approved Use Permit to
allow the construction of a mezzanine addition within an existing church
on property located at 109 N. First Street in a PD (Planned
Development) Zoning District. This project is Categorically Exempt.
Planning Commission decision final in 10 days, unless appealed in
writing to the City Clerk.
Chair Lindstrom advised that this item would be continued to the July 24, 2001, Planning
Commission meeting and opened the Public Heating for Agenda Item No. 3.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Francois,
the Planning Commission continued consideration for a Modification
(PLN2001-71) to a previously approved Use Permit to allow the
construction of a mezzanine addition within an existing church on property
located at 109 N. First Street to its meeting of July 24, 2001. (6-0-1;
Commissioner Jones was absent)
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Ms. Sharon Fierro, Community Development Director, was accepted as
presented with the following additions:
Planning Commission Minutes of July 10, 2001 Page 6
· Advised that the Council approved the Shelley Avenue development and reversed the
Planning Commission's Condition to reverse the orientation of the site.
· Added that Council also approved the parking adjustment for the project at 46 N. Second
Street.
· Informed that Council directed staff to reply to Mr. Harry Oberhelman's letter in which he
requests that Council establish a Moratorium on lot splits in North Central Campbell in
regards to residential density, stating that staff has found no justification for such action
since only three properties of the 361 in the area have the potential to be split. Therefore,
this is not considered to be a significant issue.
· Advised that three Commissioners attended the Council Study Session on the General Plan
EIR and Housing Element held on July 3rd. This Study Session was limited to one hour.
· Advised that staff's current recommendation for the McGlincey and Dell Areas is to retain
the existing Land Use Designations and develop tighter architectural controls. Council
accepted this new recommendation but feels strongly that these architectural controls are
necessary. The establishment of architectural controls will achieve the goals but will take
longer.
· Advised that staff will schedule a Study Session for the Planning Commission regarding
the Housing Element. Added that the Housing Element requires review and certification
by the State before it is considered valid.
· Suggested that another Study Session be held on Traffic and Parking issues.
Chair Lindstrom advised that the Commissioners in attendance at the Study Session felt cut off
from asking any questions. Asked if they were included as participants or observers.
Commissioner Francois disagreed, stating that Commissioners Gibbons and Doorley both
offered input. Suggested that incentives might be needed to help improve the McGlincey Area.
Director Fierro:
· Advised that there were time pressures for the Study Session, which is the reason why the
two Briefing Books were prepared.
· Said that this was a Council Study Session and Council was considering big policy issues
such as:
o Where higher density can be supported;
o Whether an Inclusionary Ordinance should be enacted citywide requiring affordable
units for projects greater than 10 units,
c> Whether the threshold for secondary living units should be dropped from 12,000
square foot minimum lot size to 10,000 square foot minimum lot size. Doing so
would create approximately 1,000 more opportunities for secondary living units.
These units equal affordable living units.
· Added that a Joint Council/Commission Study Session allows more interaction between the
two groups.
· Promised that the Commission Study Sessions will be in depth, particularly the Housing
Study Session.
Commissioner Doorley asked about the required housing units for other local cities and how
those numbers are derived.
Planning Commission Minutes of July 10, 2001 Page 7
Director Fierro advised that the State determines the housing needs and ABAG assigns each
city with its regional housing allotment. Campbell actually has a balanced jobs to housing
ratio.
Commissioner Hemandez asked if the Variance request on Cameo was appealed.
Director Fierro replied that the Commission's denial was appealed and overturned by Council.
Commissioner Hernandez asked what the basis was for overturning the denial.
City Attorney William Seligrnann replied that the applicant set forth a rational that Council
accepted.
Commissioner Gibbons discussed the distinction in Study Sessions and reflected that they
generally offer the Commissioners the only opportunity to provide input to Council. The
brevity of the recent Study Session did not allow for adequate dialog and therefore the format
of the meeting was unfortunate.
Director Fierro assured that the next Study Session would be planned better and agreed that the
interaction is important. However, at this time, one hour was all the time that was available.
Chair Lindstrom agreed that the Commissioners could not participate fully.
Commissioner Doorley disagreed, saying that he did not feel that way. Added that the
Commission's invitation to attend was a courtesy. This was not a joint Study Session.
Stressed that the dissatisfaction expressed is not a unanimous opinion of the Study Session.
Chair Lindstrom advised that he would be on vacation during the next meeting on July 24th.
Commissioner Doorley advised that he too would be on vacation.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:27 p.m. to the Planning Commission
meeting of July 24, 2001, in the Council Chambers, City ~d-l~ 70 North First
California. ~"~x, ,~ Street, Campbell,
SUBMITTED BY: k~ ~ ~
Corinne A. Sh~n, Recording Secretary
ATTEST: ~~ ~
SCharon Fierro, Secretary