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PC Min - 03/28/2017CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. MARCH 28, 2017 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of March 28, 2017, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Kendall and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioners Absent: Commissioner: Staff Present: Community Developn _ Director: Senior Planner: Code Enforcement Officer: City Attorney: Recording Secretary: Yvonne Kendall Michael L. Rich JoElle Hernandez Philip C. Reynolds, Jr. Andrew Rivlin Donald C. Young Cynthia L. Dodd gent Paul Kermoyan Daniel Fama Charlotte Andreen William Seligmann Corinne Shinn APPROVAL OF MINUTES Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission minutes of the meeting of. March 14, 2017, were approved as submitted. (6-0-0-1; Commissioner Hernandez abstained) Campbell Planning Commission Minutes for March 28, 2017 Page 2 COMMUNICATIONS 1. One desk item for Agenda Item 3 (plan set). AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None *** PUBLIC HEARINGS Chair Kendall read Agenda Item No. 1 into the record as follows: 1. PLN2016-329 Public Hearing to consider the application of Derek, Liu / Haniway Company fora Site and Architectural Review Permit (PLN2016-329) to allow an approximately 989 square-foot addition to an existing single-family residence on property located at 905 St®nehurst Way. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed . in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Senior Planner Mr. Daniel Fama, Senior Planner, presented the staff report. Chair Kendall asked if there were questions of staff. There were none. Commissioner Rich provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project on March 14, 2017, and was supportive "as is". Chair Kendall opened the Public Hearing for Agenda Item No. 1. Gary Calomeni, Resident on Stonehurst Way: • Stated that while he is good with an addition to this home, it seems to look like an effort to create three units on asingle-family lot. • Opined that the garage space addition will make it perfect for a third unit. The proposed laundry room would easily be transformed into a bathroom. • Reiterated that this site looks like it will become three households. • Recounted that there is already one house in the neighborhood in which 14 people live. Campbell Planning Commission Minutes for March 28, 2017 Page 3 Martin McMahon, Resident on Stonehurst Way: • Advised that he has. the same concerns. • Reminded that these homes on Stonehurst are single-family homes. • Reported that a home two doors' away from his is occupied by 15 people. The impact is the fact that there are vehicles parked all around. These residents are all gardeners. • Admitted that he doesn't want to see another such situation of overcrowding created in the neighborhood. Jonathan Yee, Applicant/Property Owner: • Assured his neighbors who spoke that he agrees with them on their concerns. • Advised that the reason he is creating a double stacked garage is to allow him to enjoy his hobbies in a safe secure place. • Stated that while he is asingle-person at this time and will definitely not want to create a household with 1.0-plus roommates, he may consider securing one roommate. _ • Added that he too is adversely impacted by the neighborhood's lack of street parking availability in part due to the home nearby that does have so many residents. Derek Liu, Applicant and Project Architect: • Reported that he originally discussed with Planning staff the potential for a secondary living unit on this property. The original design included aone-bedroom apartment above the garage. However, Jon, his client, nixed that idea. • Explained that they are adding space in the garage to house Jon's collection of bicycles. Commissioner Hernandez: • Asked Mr. Liu why the laundry room is placed on the other side of the car, furthest from the attached house. • Pointed out that there is already an existing bathroom near the other side so that would make more sense to place the second laundry room adjacent to that. Jonathan Yee advised that the second laundry will be used by him to launder his greasy work clothes resulting from work on his cars and bicycles. Director Paul Kermoyan: • Suggested that another alternative might be to place a door leading from the garage into the existing laundry room within the house. Perhaps with that there would not be the need for two laundry rooms. • Stated that there are other design options available. Commissioner Hernandez agreed with Director Kermoyan and asked the homeowner if he is open to changing his design. Jonathan Yee replied that his question to that suggestion is, "for what purpose?" Campbell Planning Commission Minutes for March 28, 2017 Page 4 Commissioner Hernandez asked if he would be willing to move a wall over. Jonathan Yee: • Admitted that he is not looking to do changes at this point. • Advised that he has been planning this renovation for two-and-a-half years. • Added that he has moved lots of his personal belongings, including a lot of his bicycles previously stored in his existing garage, away from the property in preparation for construction. • Said that he doesn't want his belongings to be visible from the street for security reasons. He tries not to make things visible to prevent theft. • Stated that he does have a need for the spaces he is creating. Chair Kendall closed the Public Hearing for Agenda Item No. 1. Commissioner Rich asked what the anticipated impact is to change the wall placement. Planner Daniel Fama: • Said that the Commission could condition changes to the project if it wants to do so. • Advised that nothing precludes the homeowner from proposing a secondary living unit on this property. He can apply later. The property is large enough. • Stated as such there is no reason for this homeowner to create an illegal living unit. • Reminded that the garage is unconditioned space. There is no toilet. Director Paul Kermoyan: • Agreed with Planner Daniel Fama. • Reiterated that the Planning Commission has the ability to make changes or add conditions. Planner Daniel Fama: • Said that one option is a deed restriction that outlines restrictions of use of the space above the garage. Commissioner Young: • Agreed that this is a large lot. • Added that this owner could have built a 5,000 square foot home. • Said that instead he has designed a home addition that blends in with the existing home and that is compatible with the neighborhood. • Admitted that he didn't see the second laundry as an issue. Nor did he see the garage as a potential living space. • Reported that he visited this neighborhood. It is a high density area. • Reminded that the SARC review is pretty fair. • Said that this owner is limiting his total FAR and staying within single-family appearance. Commissioner Rivlin: Campbell Planning Commission Minutes for March 28, 2017 Page 5 • Added that this owner is including garage doors on his garage. He's putting money into doors that would be boarded up if he were to convert his garage. • Said that he doesn't see the proposed garage space to be an issue and has no 'problem with the proposed second laundry room. It's their prerogative. Commissioner Hernandez: • Reported that she had spent some time last year looking at houses as potential rentals. • Advised that during that search, she saw a lot of illegal conversions. Those places exist. • Added that she can see how that could be a concern for these neighbors. • Admitted that she thought the placement of the second laundry room was odd. • -Recommended a deed restriction indicating that this is asingle-family residence only. Director Paul Kermoyan said that another option could be to require an inspection within six months of completion to ensure what is there continues to be as approved. Commissioner Reynolds: • Reminded that this is a single-story. He can put the laundry anywhere and be okay. • Added that if this owner wanted a second unit, he would have applied for it. • Said that he is a supporter of property rights. This guy wants a bigger workshop and he has the land to do that. • Reminded that code enforcement is complaint driven. • Said that he would support the SARC recommendation. Commissioner Rivlin: • Said that if this property owner wants to rent out a room in his house to a friend or tenant that is not an illegal thing to do. • Added that he is okay with the requirement for an inspection six months following completion of construction. Chair Kendall asked about possibly removing the washer and dryer from inside the house and simply using the proposed one within the garage. She made a few other suggestions such as orientation of dining room with the removal of the interior laundry and use of that square footage to enlarge the dining space. Commissioner Rivlin: • Said that is not the Commission's purview and not within the scope of this decision. • Added that it was not appropriate to tell this homeowner how to entertain .in ,his home. Commissioner Hernandez: • Said that she was okay with it. • Stated her support for aone-year revisit to confirm that everything is where it is supposed to be. Campbell Planning Commission Minutes for March 28, 2017 Page 6 Chair Kendall agreed that was reasonable. Commissioner Rich said he was supportive as proposed and is also okay with the requirement for cone-year inspection. Chair Kendall suggested an annotation to the deed. Commissioner Rich said that design-wise, he was good. Commissioner Young: • Said that the findings are pretty clear. Finding 6 indicates the project is compatible with the neighborhood and community: It is consistent with the General Plan. • Stated he would support this proposal as is including the clause to confirm after one year. Commissioner Reynolds: • Said he would not support the requirement for a deed restriction and suggested its removal as a condition. • Stated he could support asix-month inspection to make sure the final home meets all of the requirements. • Concluded that anything else is far reaching and not supportable. Commissioner Rivlin said he would support Commissioner Reynold's recommendations if that was put forth as a motion. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Rivlin, the Planning Commission adopted Resolution No. 4370 approving a Site and Architectural Review Permit (PLN2016-329) to allow an approximately 989 square-foot addition to an existing single-family residence on property located at 905 Stonehurst Way, subject to the conditions of approval, as amended with the inclusion of an additional condition requiring a property inspection six months after completion of construction, by the following roll call vote: AYES: Hernandea, Kendall, Reynolds, Rich, Rivlin and Young NOES: None ABSENT: Dodd ABSTAIN: None Chair Kendall advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. ~~* Chair Kendall read Agenda Item No. 2 into the record as follows: Campbell. Planning Commission Minutes for March 28, 2017 Page 7 2. PLN2016-356 Public Hearing to consider a City-initiated Zoning Code Amendment (PLN2016-356) to amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collection containers (donation bins). Staff is recommending that this item be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: April 18, 2017. Project Planner: Charlotte Andreen, Code Enforcement Officer Ms. Charlotte Andreen, Code Enforcement Officer, presented the staff report. Chair Kendall asked if there were questions of staff. Commissioner Rich asked about the permit fee. Is it intended to be $337? Senior Planner Daniel Fama, said the actual fee to be charged will be up for consideration as part of the annual fee schedule process: He added that a permit would allow one vendor to have multiple locations under one permit fee. Commissioner Rich said it seems some Commissioners are concerned about contacting property owners rather than business owners if there were to be problems with an existing donation bin/collection container or a particular parcel. Planner Daniel Fama said that the permit renews each year. The property owner must sign the application each year. Commissioner Rich clarified that the vendor can have multiple bins in the City. He asked how the City would transition existing bins to comply with this new proposed code. Planner Daniel Fama said that after it goes into effect, the City will send letters to owners of the existing bins advising them of the new regulations and giving them a reasonable deadline to file and comply. He added that the property owner would be required to abate if the owner of a bin is not found. Commissioner Rich asked about the fine that might be imposed for lack of compliance. Code Officer Charlotte Andreen advised that a first citation brings a fine of $100, a second citation $200 and a third costs $500. Commissioner Young said that although a container is not a structure but he wonders if they would be subject to seismic standards. Planner Daniel Fama said that was a good question. Director Paul Kermoyan said that the Commission could add a condition that each one of these collection containers.be bolted down. Campbell Planning Commission Minutes for March 28, 2017 Page 8 Commissioner Reynolds asked what the purpose is for issuing warnings to the property owner rather than just to the bin owner. Code Officer Charlotte Andreen said that's the practice of the Code Enforcement program. Director Paul Kermoyan said that while the tenant/bin owner is contacted, the property owner is. ultimately responsible. The City lets the property owner to work with their tenant to seek compliance. Commissioner -Reynolds asked if citations are issued to the owners of the bin/collection structure or the property owner. City Attorney William Seligman replied either. Commissioner Reynolds asked staff to comment on the issue of First Amendment Rights raised by one of the organizations that puts out collection bins. He suggested a deposit be taken for the possibility that astructure/bin that was placed on a private property. This deposit amount must be of sufficient amount to cover the cost to remove astructure/bin that is Wort-compliant. City Attorney William Seligmann replied yes Commissioner Rivlin reiterated that the refundable deposit is held in case abatement of a permitted collection bin should become necessary. Director Paul Kermoyan: • Said that if the City exhausts its remedies of due process, the City could then remove a bin and hold it for a specified amount of time so they can retrieve their property. • Reminded that even when homeless encampments are cleared from the public right-of-way, the removed belongings are retained for a period of time to allow the owners an opportunity to collect their things. • Reiterated that there is a due process that the City must follow. Commissioner Rivlin said he would like to add the requirement for a deposit to the draft ordinance. Chair Kendall asked if there is a proposed maximum number of bins that could be placed within City limits established with this draft Ordinance. If not, do we want one? City Attorney William Seligmann said there is not a specified number within the existing draft ordinance. However, there are a limited number of sites that would meet the requirements of the draft ordinance. That is 200 parcels within the City's boundaries. Campbell Planning Commission Minutes for March 28, 2017 Page 9 Planner Daniel Fama added that while there are 200 properties zoned as such to allow a bin placement under this draft ordinance, once bins are established, the draft ordinance requires a 500 foot distance between such collection bins/structures. Commissioner Rivlin asked how many bins were found during the sweep conducted two years ago. Planner Daniel Fama replied 40. Chair Kendall referenced the two sizes of containers as identified in the draft ordinance, which are small and large. She asked if there should be a "not to exceed" size standard added/included. Planner Daniel Fama reminded that the large bins/collection containers must have an attendant when in operation. Chair Kendall asked if the 48-hour abatement deadline comes from the City. Code Officer Charlotte Andreen replied yes. Chair Kendall opened the Public Hearing for Agenda Item No. 2. Ms. Alexandra Bradley, Representative for Recycle for Change: • Said that they are in support of a fair ordinance. • Admitted that some things are cause for concern. • Reported that four percent (4%) of textiles end up in landfills. While that might seem to be a small amount, it represents 2.5 billion pounds per year. • Explained that these types of donation boxes/bins are convenient for the public to use. • Advised that their organization itself collects 10 million pounds of textiles each year. • Said that they are concerned about zoning limitations, which represents only about 10 percent (10%) of the City. • Added that having to secure a property owner's signature would/could be a hardship for the non-profits to obtain. Chair Kendall closed the Public Hearing for Agenda Item No. 2. Chair Kendall: • Said she hears the issue of securing property owner signatures. • Added that she had thought that requirement was one of the most important things about this draft ordinance. It's a way of achieving accountability. The permit requires signatures from both the property owner and the organization/company placing the bins on a private property. • Stated that, as a property owner herself, she likes the idea of these not being located too close/in front of her home. Campbell Planning Commission Minutes for March 28, 2017 Page 10 Commissioner Reynolds: • Admitted that he has a problem with governments holding property owners accountable for what occurs on their property. • Said that he is a property owner of several properties. Occasionally cars are abandoned on one of his properties. • Stated that he .likes the idea of signatures from both the property owner and the organization placing the bin(s) on the agreement but it is a personal agreement between that property owner and that organization. That property owner should collect the deposit for the bin. Commissioner Young: • Said that he likes this code amendment. It addresses existing issues. • Said that the findings highlight what those issues are. • Advised that he is not in favor of letting the property owner out of any responsibility for a bin that is placed on his/her property. In that case, the property owner gets benefits but none of the liabilities. • Admitted that he doesn't want to increase operational costs for the non-profits and suggested a streamlined approach to install, operate and maintain these collection containers. • Asked that seismic structural compliance be added to the draft ordinance. Commissioner Rich: • Said that he is okay with the draft ordinance "as is". _ • Added that he is open to discussion on some sort of deposit system as long as it is not too much of a burden on the non-profits. Commissioner Hernandez: • Said that she too is fine with the proposed text amendment "as is". • Agreed that it is a good idea to make sure the containers/bins are bolted down. • Said she is okay with the concept of a deposit. • Agreed that a property owner is responsible for everything that's on their property. • Provided an example such as when someone trips on her property, she is held liable/responsible as the property owner. • Reported that she "loves" these donation bins. She uses them often. Commissioner Young: • Said that the permit process already has a financial cost. He is not supportive of a deposit requirement as well. • Admitted that he is not sure how to shape it to make operational sense. Commissioner Rivlin reminded that these bins are to be placed on private property and not on the public right-of-way (City-held property). City Attorney William Seligmann said that was correct. The City owned properties are not zoned to allow these donation bin placements per the draft ordinance. Campbell Planning Commission Minutes for March 28, 2017 , Page 11 Commissioner Rivlin suggested that dealing with any damage to property resulting from these bins being placed on private property is between both sides. The deposit equates to an, incentive to remove bins when no longer in operation in order to retrieve their funds. Director Paul Kermoyan said that if a deposit shall be submitted, it should be in an amount that covers the cost of staff removing the bin. He added that the City has a practice of taking refundable deposits to ensure something is completed. Chair Kendall added that they also could take advantage of a surety bond, which is a low cost way of making a deposit for a known organization. Director Paul Kermoyan suggested "keeping it simple". Chair Kendall said she is not in favor of a deposit and finds that the permit itself is sufficient. Commissioner Reynolds: • Said that staff recommends requiring the signature of a property owner on a donation bin placement permit application. • Added that the requirement for said signature means that a property owner has a chance to say no if he/she so wishes. • Pointed out that if a deposit is submitted it won't cost the property owner to remove a bin later if it becomes necessary. Commissioner Rich said he can see both sides of the issue of deposits. He said he is okay with not having deposits and rather leave it to the property. owner and the bin owner. Commissioner Reynolds asked how the City could control the deposit if we allow the property owner to collect the deposit at the time of permitting. Commissioner Rich replied., "We don't." Commissioner Hernandez asked if the City had removed any of the 40 bins found during the Code Enforcement sweep done in 2015. Code Officer Charlotte Andreen replied no. She added that the City doesn't have the equipment or the right to go on private property to remove items. City Attorney William Seligmann added that there are options for abatement by the City but they require hearings and court proceedings. Commissioner Hernandez asked how many bin owners were not located. Code Officer Charlotte Andreen replied three. However, all have been removed. With this ordinance staff is trying to regulate bin/collection container placement. Campbell Planning Commission Minutes for March 28, 2017 Page 12 Chair Kendall asked if it is possible to limit placement of such bins to just non-profit organizations. City Attorney William Seligmann replied that he would recommend against that. Motion: Upon motion of Commissioner Rich, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 4371 recommending that the City Council approve City-initiated Zoning Code Amendment (PLN2016-356) to amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collection containers (donation bins), with the following addition to the conditions: • Add Condition D-5 to require structural code compliance (bolts) for the bins/collection containers to meet seismic standards; by the following roll call vote: AYES: Hernandez, Kendall, Reynolds, Rich, Rivlin and Young NOES: None ABSENT: Dodd ABSTAIN: None Chair Kendall advised that this item would be considered by the City Council at its meeting of April 18, 2017. ** Chair Kendall read Agenda Item No. 3 into the record as follows: 3. PLN2016-233 PD Public Hearing to consider the application of Madison Park PLN2016-234 TSM of Campbell, LLC for a Planned Development Permit PLN2016-235 PMP (PLN2016-233) and a Tentative Vesting Subdivision Map PLN2016-303 MM (PLN2016-234) to allow construction of a six-unit townhome building; creation of new common area lots, six private lots, reconfiguration of existing common area lots, and vacation of excess City right-of-way; a Parking Modification Permit (PLN2016-235) to allow consideration of private driveways as guest parking, on property located at 500 Sam Cava Lane; and a Minor Modification (PLN2016-303) to a previously approved Planned Development Permit (PLN2015-170) to allow reconfiguration of parking stalls within a common area lot of the 'Madison' townhome project, located along Lottie Lane, a new private street, within the P-D (Planned Development) Zoning District. A second addendum to the previously adopted Mitigated Negative Declaration will be prepared for this project. Tentative City Council Meeting Date: April 18, 2017. Planner: Daniel Fama, Senior Planner Campbell Planning Commission Minutes for March 28, 2017 Page 13 Commissioner Rivlin advised that he must recuse from participation on the hearing for Item 3 since he is currently under contract to purchase a home within this development. He left the dais and chambers for the remainder of the meeting. Mr. Daniel Fama, Senior Planner, presented the staff report. Chair Kendall asked if there were questions of staff. There were none. Chair Kendall opened the Public Hearing for Agenda Item No. 3. Richard Yee, Applicant, Robson Homes: • Stated that he was pleased to be here. • Said that they welcome this opportunity to clean up the neighborhood by cleaning up this one blighted property and construct six attached for-sale townhomes. • Reported that they currently use this site for construction staging. • Added that their project will include increased landscaping and improved neighborhood aesthetic. This site will match the rest of the Madison development. They are excited to make this site a part of the Madison community. • Asked for approval. Commissioner Reynolds disclosed that he walked through the model homes for this development several months ago. Lloyd Marugg, Resident: • Said that this is the first time he's seen photos of the proposal for this site. • Added that he is happy this existing house will be replaced. • Suggested/requested some planting against a bare wall that will be visible from his home. Chair Kendall closed the Public Hearing for Agenda Item No. 3. Commissioner Rich .provided the Site and Architectural Review Committee report as follows: • Reported that at its meeting on February 28th, SARC had two points. • .Said that one point was parking. SARC was generally supportive of the Parking Management Plan. • Regarding design, SARC asked for some design modifications to the front elevation so that it is a more enhanced entrance rather than a side elevation. The applicant agreed. Planner Daniel Fama said that the plans included in the packet were prepared subsequent to the SARC meeting. He reported the addition of a palm tree. Commissioner Reynolds: • Said that he is supportive of both SARC and staff recommendations. • ~ Reported that he had walked the model homes for this development to get a feel for the project. Campbell Planning Commission Minutes for March 28, 2017 Page 14 • Advised that he was extremely impressed and found it to be a top quality project. • Pointed out that this site was a challenge. It is remarkable what they have done with the site. It will be absolutely gorgeous. Commissioner Young: • Stated that this is a good project. It completes the site and offers continuity. • Said that SARC reviewed the parking intensely. • Reported that the driveways will be restricted within the CC&R's as visitor parking spots only for the respective units. Residents of these six units are to park their own cars within their garages. Chair Kendall: • Said that her original thought was that this project should just be cut down to five units instead of six. • Admitted that she is not in favor of tandem parking. Commissioner Young; • Reminded that tandem parking is used throughout this development. • Reiterated that the driveway parking for these six units is only designated for parking use by visitors to these respective units. Director Paul Kermoyan cautioned that there will not be signs designating that. Owners will have to advise their visitors. Planner Daniel Fama said that the CC&R's will prohibit use of driveway for parking by the homeowner(s). Parking will just be allowed for their guest(s). He added that the HOA would enforce that provision. Commissioner Hernandez agreed that homeowners would be able to direct their guests to park in their driveway. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Rich, the Planning Commission took the following actions: 1. Adopted Resolution No. 4372 recommending that the City Council approve a Second Addendum (PLN2016-236) to the previously adopted Mitigated Negative Declaration; and 2. Adopted Resolution No. 4373 recommending that the City Council approve a Planned Development Permit (PLN2016- 233), a Parking Modification Permit (PLN2016-235) and a Minor Modification (PLN2016-303) to previously approved Planned Development Permit (PLN2015-170); and 3. Adopted Resolution No. 4374, recommending that the City Council approve a Tentative Vesting Subdivision Map (PLN2016-234); subject to the conditions of approval, by the following roll call vote: AYES: Hernandez, I(endall, Reynolds, Rich, and Young NOES: None Campbell Planning Commission Minutes for March 28, 2017 Page 15 ABSENT: Dodd ABSTAIN: Rivlin Chair Kendall advised that this item would be considered by the City Council at its meeting of April 18, 2017. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 9:25 p.m..to the next Regular Planning Commission Meeting of April 11, 2017. SUBMITTED BY: Corinne Shinn, Recording Secretary ~` APPROVED BY: ,°~~~~%~ ~~~, l~/~ /~ ~` ,Yvonne Ken all, Chair ATTEST: Paul Kerm yan, Secretary