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PC Min 01/11/2000CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JANUARY 11, 2000 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of January 11, 2000, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairperson Gibbons, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Elizabeth Gibbons Brad Jones Mel Lindstrom Tom Francois Susan A. Keams Commissioners Absent: Commissioner: Commissioner: Joseph D. Hernandez Dennis Lowe Staff Present: Interim Community Development Director: Associate Planner: Planner II: City Attorney: Reporting Secretary: Sharon Fierro Tim J. Haley Katrina Rice Schmidt William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Kearns, the Planning Commission minutes of December 14, 1999, were approved. (4-0-2-1; Commissioners Hernandez and Lowe were absent and Commissioner Lindstrom abstained as he was not in attendance at the December 14, 1999, meeting.) COMMUNICATIONS. There were no communication items distributed. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of January 11, 2000 Page 2 ORAL REQUESTS Mr. Robert Nicholas, P.O. Box 112272, Campbell, CA 95011: · Expressed concern about the operation of Home Depot with respect to their late hours of operation. · Stated that Home Depot is uncooperative with respect to unloading hours. He advised that the Home Depot is unloading trucks at all hours of the day and night which is disruptive to surrounding residences. · Advised that he has called various Home Depot store managers (according to Mr. Nicolas, the manager changes often). While the store manager is always polite and stops any late hour activity upon request, the next day it begins again. · Expressed concern about the health of the trees planted on the Home Depot site, saying that they are not doing well. · Stated that delivery trucks are using the residential streets even though they are posted "No trucks allowed over 3 tons." · Said that he wants to see Police on the street ticketing the illegal trucks. · Said that he has appeared before City Council with his concerns. · Expressed his opinion that the local residents are stuck with the results of decisions made by the Planning Commission and City Council. Commissioner Francois asked Mr. Nicholas to what street he is referring. Mr. Robert Nicholas advised that he lives on Harrison Avenue. Commissioner Francois sought clarification that Mr. Nicholas' main complaint is noise. Mr. Robert Nicholas answered that noise associated with the unloading of merchandise at all hours of the day and night are a concern. Commissioner Francois asked what time this occurs which bothers Mr. Nicholas. Mr. Robert Nicholas replied that unloading has occurred at 9 p.m. through 3 a.m. or later. Chairperson Gibbons asked if Mr. Nicholas has approached staff. Mr. Robert Nicholas answered that he has approached staff without any apparent result. Chairperson Gibbons instructed Mr. Nicholas to schedule a meeting with the Community Development Director, who will look into the matter and report back to the Commission at their next meeting on February 8, 2000, as to whether enforcement of the Conditions of Approval is needed. Asked him to try to attend that meeting too. Planning Commission Minutes of January 11, 2000 Page 3 PUBLIC HEARING Chairperson Gibbons read Agenda Item No. 1 into the record. PLN1999-00010/ PLN1999-00011 Kennedy, J. Public Hearing to consider the application of Mr. James Kennedy for approval of a Zone Change (PLN 1999-00010) from R-M-S (Multiple Family Residential) to PD (Planned Development), a Lot Split (PLN1999-00011) to create two lots from a single lot and a Planned Development Permit (PLN 1999- 00010) to allow the construction of a new single-family residence on the newly created lot, on property located at 299 N. Harrison Avenue in an R-M-S (Multiple Family Residential) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: January 18, 2000. Ms. Katrina Rice Schmidt, Planner 1I, presented the staff report as follows: Advised that the applicant is seeking a Zone Change, Planned Development Permit and Lot Split for a. 17 acre property located on the southwest comer of Tubby and Harrison Avenues. Said that with the lot split, one lot will include 3,150 square feet and the second, 4,511 square feet. · Stated that an existing 1,200 square foot residence on the site, facing onto Harrison, will be retained. The existing garage will be demolished. On the new parcel, a new house with a basement will be constructed as well as a new 200 square foot garage for the existing house. · The General Plan designation is for Low to Medium Density Residential. The proposed project meets the General Plan. · The applicant is seeking a Zone Change from R-M-S (Multiple Family Residential) to PD (Planned Development). Under the R-M-S Zoning, two units are already allowed on this property. The applicant wishes to construct a second single-family detached home for private ownership rather than an attached multi-family residential structure such as a duplex which generally ends up as rental units. · The applicant has developed a residence that meets design guidelines, has balanced architectural details, includes entry features such as a front door oriented to the street and the second story is set back. The new home will face Tubby Avenue. Staff finds the proposed structure to be compatible to the surrounding structures. · Staff encourages the Planning Commission adopt resolutions recommending approval of a Zone Change, Planned Development Permit and Parcel Map and also recommend that Council adopt a Negative Declaration for this project. Commissioner Lindstrom presented the Site and Architectural Review Committee report as follows: · Advised that SARC reviewed this proposal on two occasions, November 23, 1999, and December 14, 1999. · Stated that one member was in support of the project and the other was not. Planning Commission Minutes of January 11, 2000 Page 4 · SARC was concerned about some inaccuracies depicted on the presented plans but Conditions of Approval prepared by staff address the concerns. Ms. Jennifer Davis, 431 Harrison Avenue: · Advised that she has been a Residential Building Designer for 15 years. · Stated that this proposed project is inconsistent with the area and that she is disappointed with the staff report presented. · Outlined proposed setbacks with required setbacks in an R-M-S Zone as follows: o Front 12 proposed 15 required or ½ height of wall o Garage 22 proposed 25 required o Side 5, 6.5 & 10 proposed 13 required or ½ height of wall · Expressed safety concerns in that window wells for the basement level of the new residence encroaches into the 5-foot side yard setbacks by 3 feet. · Said that the comparisons between the proposed new residence and other units on Tubby Avenue are unfair since the other properties have side elevations rather than front elevations onto Tubby. · Compared the required 750 square feet of open space for the R-M-S Zone with the proposed 550 square feet of open space provided on this project. · Stated that the usable space on the porch is non-existent. The porch is only three feet deep before the railing is taken into consideration. · Said that the .72 FAR is excessively high and not in character for the neighborhood. · Called the 10 x 20 garage a "glorified storage shed." · Advised that all the inconsistencies with the R-M-S Zoning caused the need for a Planned Development. · Said that this project is not compatible with the neighborhood and would set a precedent for Harrison Avenue. · Advised that 16 neighbors have signed a petition against approval of this project. Commissioner Lindstrom advised that the existing house that faces onto Harrison Avenue has no change proposed except for the addition of a new driveway. Ms. Jennifer Davis advised that a street tree would have to be removed, a new curb cut and driveway installed and a fire hydrant relocated. Chairperson Gibbons asked staff for clarification. Ms. Katrina Rice Schmidt advised that the proposed setback is similar to the two homes under construction on Grant Avenue by Habitat for Humanity. Chairperson Gibbons asked why the Planned Development Zoning was recommended. Ms. Katrina Rice Schmidt: · Advised that under the current zoning, the applicant could build a duplex. Planning Commission Minutes of January 11, 2000 Page 5 · The applicant wants to develop a single family project which allows opportunity for home ownership rather than as rental units. · The proposed lot size is the deviation. The lot size for R-M-S is 6,000 square feet. The two proposed lots are 3,500 and 4,200 square feet. · Advised that the FAR is based on the whole site. That creates a FAR of .48 for the two homes. As a comparison, the Habitat Homes have a .52 FAR and the Summerhill project has a .50 FAR. Chairperson Gibbons advised that this lot was recently sold to Mr. Kennedy and that a previous owner had submitted a proposal for a duplex on the site. Ms. Katrina Rice Schmidt added that another proposal for a second family residence had previously been submitted but that the structure was higher and less compatible to the area. Chairperson Gibbons informed that the PD Zoning allows the parcel to be separated. Ms. Katrina Rice Schmidt added that the window wells will be at grade and a grate will be installed which allows people to walk over them while still providing exiting from the basement level. Commissioner Jones asked for the FAR for the two lots. Ms. Katrina Rice Schmidt advised that Lot l's FAR is .32 while Lot 2's FAR is.72 (which does not include the basement). Mr. James Kennedy, 299 N. Harrison Avenue: · Stated that good points have been made. · Advised that many obstacles had to be overcome in order to come to this project. · Stated that other options are available for this site including developing a duplex. Said that this option is actually easier on him since no zone change is required but that it would be less desirable for the neighborhood. A duplex would create rental units. · Said that he is attempting to maintain the integrity for the neighborhood and has plans to construct a very nice house. · Said that home ownership is out of reach for many people. Everyone has the right to live and co-exist. Campbell is a desirable area. · Said that this project offers him an opportunity to create something for himself. · This project offers one way to afford to build here. · Said that he has put a lot of time and trouble to meet his own standards and to develop a project that will be good for the neighborhood. Mr. Robert Nicholas, P.O. Box 112272, Campbell, CA: · Expressed his support of Ms. Davis' points. · Advised that he met Mr. Kennedy last night. Planning Commission Minutes of January 11, 2000 Page 6 · Said that he purchased his home 10 years ago and that he liked what he saw and bought and wants to see it maintained. · Advised that the lot behind his home was split and a "monster" home built there. · Said that this proposal is not acceptable and would set a precedent. · Stated that he could sympathize if the applicant was building for his own family but not so that the applicant can realize a $200,000 profit. · Said that he believed the City also benefits financially from this project although he was not sure how. · Said that the same PD Zoning being sought for this project was obtained for the Home Depot site. · Stated that he hoped the Commission would deny this project. Mr. Simon Lambert, 300 N. Central Avenue: · Advised that his home is directly behind the project site. · Expressed his support for the comments made by the previous speakers. · Clarified that the lot is 7,000 square feet and not 13,000 square feet. · Advised that he moved to Campbell 10 years ago and onto Central in February, 1999. · Said the issue is density. · Expressed his opposition to this project. · Said he has tried to be objective but that Campbell has too much high density development. Katrina Rice Schmidt clarified that the gross lot size is 13,525 (which measures to the centerline of the street) while the net lot size is 7,661 square feet. She advised that this method of calculation is used as a standard. The General Plan is calculated on gross acreage. Mr. James Kennedy, Applicant, 299 N. Harrison: · Said that he spoke to three neighbors on Tubby and that they were supportive of this project. · Advised that the zoning for Planned Development was always available but that it would not become the standard for the area because most lots are too small to be considered for Planned Development Zoning. Lots must be of a certain size. Commissioner Lindstrom clarified that what faces on Tubby at this point is garages and side yards. Mr. Patrick Chandler, 275 N. Harrison Avenue: · Advised that Mr. Kennedy is already renting out the existing residence at 299 N. Harrison Avenue. · Supported the comments of his neighbors. Mr. Patrick Todd, 362 N. Harrison Avenue: · Advised that he is a new owner on Harrison Avenue. · Said that it is hard to determine the scale of the proposed residence. · Said that there is a point when it's too big, too much. Planning Commission Minutes of January 11, 2000 Page 7 · Agreed with the comments made by his neighbors. Mr. Robert Nicholas, P.O. Box 112272, Campbell: · Agreed that there are many potential options when buying a property. · Advised that a petition is being circulated that asks that no further zone changes occur on their street. · Asked if the applicant is related to Mayor Kennedy. Mr. James Kennedy replied that as far as he is aware, he is not related to the Mayor of Campbell. Mr. Simon Lambert, 300 N. Central Avenue: · Said that while his wife is one who spoke with Mr. Kennedy, he and his wife do not support this project. Commissioner Jones asked for additional information regarding the SARC review. Commissioner Lindstrom: · Advised that SARC considered this project at two meetings. · Said that he believes that the Conditions of Approval meet his concerns. · Said that he cannot see a negative impact from this project on Harrison Avenue. The house on Harrison is not being changed. The new house is on Tubby. This project does not invade or change the area. While it may be too much for the property, one more house around the comer fits into the neighborhood. Commissioner Keams advised that the other member of SARC found this proposal to be an overbuilding of the lot. Said that the use of gross lot area is deceiving as the net lot area is much smaller. This represents a lot of building on a lot of that size. Commissioner Jones asked what the setbacks are for the existing house and proposed replacement garage on this property. Ms. Katrina Rice Schmidt replied that the west side setback is four feet and the garage is 1.5 feet from the property line in order to allow exterior building maintenance on the garage. Gibbons: · Advised that this project was a difficult one to review at SARC. · While there are things in its favor, particularly keeping the existing house intact, her greatest concern is the size of the new house. · Said that she has no problem with the proposed Planned Development Zoning of the property. · Said that she is not supportive of this proposal. Planning Commission Minutes of January 11, 2000 Page 8 Commissioner Francois advised that he concurred with Commissioner Lindstrom and found this to be a good project. While there may be some density concerns, this project does not denigrate the integrity of the neighborhood. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Francois, the Planning Commission recommended that Council grant a Negative Declaration for this project and adopt a Resolution recommending approval of a Zone Change (PLN1999-00010) from R-M-S (Multiple Family Residential) to PD (Planned Development); adopt a Resolution recommending approval of a Lot Split (PLN1999-00011) to create two lots from a single lot; and adopt a Resolution recommending approval of a Planned Development Permit (PLN1999-00010) to allow the construction of a new single-family residence on the newly created lot, on property located at 299 N. Harrison Avenue, by the following roll call vote: AYES: Francois, Lindstrom NOES: Gibbons, Jones, Kearns ABSENT: Hernandez, Lowe ABSTAIN: None The motion failed. City Attorney William Seligmann advised that there is no final action from the Commission as of yet. One option is to make a motion to grant the Negative Declaration and recommend denial of the Zone Change, Lot Split and Planned Development Permit applications. Chairperson Gibbons asked the City Attorney for assistance in preparing appropriate findings to support the denial. Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3253 recommending denial of a Zone Change (PLN1999-00010) from R-M-S (Multiple Family Residential) to PD (Planned Development); adopted Resolution No. 3254 recommending denial of a Lot Split (PLN1999-00011) to create two lots from a single lot; and adopted Resolution No. 3255 recommending denial of a Planned Development Permit (PLN1999-00010) to allow the construction of a new single-family residence on the newly created lot, on property located at 299 N. Harrison Avenue, by the following roll call vote: AYES: Gibbons, Jones, Kearns NOES: Francois, Lindstrom ABSENT: Hernandez, Lowe ABSTAIN: None Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Lindstrom, the Planning Commission recommended that Council grant a Planning Commission Minutes of January 11, 2000 Page 9 Negative Declaration for property located at 299 N. Harrison Avenue, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom NOES: None ABSENT: Hernandez, Lowe ABSTAIN: None Chairperson Gibbons advised that this application would go on to Council with a recommendation from the Planning Commission for denial of all but the Negative Declaration. She asked the City Attorney if the applicant or opponents have to do anything prior to the Council meeting. City Attorney William Seligmann advised that nothing needs to be done. However, anyone wishing to submit anything to Council on this project can do so in writing. Chairperson Gibbons read Agenda Item No. 2 into the record. PLN99-15 Beaumont, R.L. Public Hearing to consider the application of Mr. R.L. Beaumont, on behalf of Smart and Final Stores, Inc., for approval of a Conditional Use Permit (PLN99-15) to allow the establishment of a grocery store with a general on-sale liquor license in an existing retail space (previously Kirkwood Hardware) on property located at 1600 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. This project is Categorically Exempt from environmental review. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that the applicant is seeking a Conditional Use Permit to allow a Smart & Final grocery store use with general on-sale liquor license at the Kirkwood Plaza Shopping Center. · The subject property is 1.2 acres with common parking. Sixty-three parking spaces are provided. · The Zoning is C-1-S (Neighborhood Commercial) and the General Plan designation is also Commercial. The proposed use is consistent with both subject to the issuance of a Conditional Use Permit. · Staff recommends approval of this project. Commissioner Keams asked whether staff knew when this use will begin operation at this location. Mr. Tim J. Haley replied that he did not know at this time. Planning Commission Minutes of January 11, 2000 Page 10 Commissioner Francois asked if the location at Westgate was relocating to this site. Mr. Tim J. Haley responded that he believed that was the case as the Westgate location is slated for renovation. Commissioner Francois expressed sadness at seeing Kirkwood Hardware close down after 37 years at Kirkwood Plaza. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 2. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3256 approving a Conditional Use Permit (PLN99-15) to allow the establishment of a grocery store with a general on-sale liquor license in an existing retail space (previously Kirkwood Hardware) on property located at 1600 W. Campbell Avenue, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom NOES: None ABSENT: Hernandez, Lowe Chairperson Gibbons advised that this approval is final in 10 days, unless appealed in writing to the City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Interim Community Development Director, was accepted as presented, with the added comment: · Announced that Council approved 202 Railway Avenue (Pastor's Living Unit) and 20 Union Avenue (use of historic structure and construction of new building). · Advised that Council upheld the Planning Commission's denial of a Fence Exception for Cherry Avenue. · Informed the Commission that the Annual Planners Institute would be held March 1st through 3rd in Monterey. Asked the Commissioners to advise the Planning Secretary if they plan to attend to allow reservations and deposits to be made on their behalf. · Advised that there are no items pending for the January 25, 2000, Planning Commission meeting and recommended its cancellation. Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Francois, the Planning Commission cancelled the Planning Commission meeting of January 25, 2000. (5-0-2; Commissioners Hernandez and Lowe were absent.) Chairperson Gibbons asked staff for an update regarding the need for public improvements as a result of a residential addition on Virginia as expressed by an adjacent neighbor at the last Planning Commission Minutes of January 11, 2000 Page 11 Commission meeting. She also asked about the new tree antenna recently installed at 700 W. Hamilton Avenue. Ms. Sharon Fierro: · Advised that the public street improvements are required on Virginia as outlined in the current San Tomas Area Neighborhood Plan. The subject residence is required to install the improvements immediately as they have constructed an addition of more than 50% and the property is adjacent to another property on which the public improvements have already been installed. · Informed that the tree antenna was incorrectly installed and that more stealthing will have to be done. Staff has been in contact with the applicant. ADJOURNMENT The Planning Commission meeting adjourned at 8:55 p.m. to the Planning Commission meeting of February 8, 2000, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. ~~ ~ SUBMITTED BY: Corinne A. Shinn,'~----or-di~g Secretary --""'Eliz~eth Gibbons, Chair ATTEST: .~/~:t.A,~ ~ Sharon Fierro, Secretary