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PC Min 04/25/2000CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 25, 2000 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 25, 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: Commissioner: Commissioner: Elizabeth Gibbons Mel Lindstrom Tom Francois Joseph D. Hernandez Brad Jones Susan A. Kearns Dennis Lowe Commissioners Absent: None Staff Present: Interim Community Development Director: Associate Planner: Planner I: Reporting Secretary: Sharon Fierro Tim J. Haley Aki Irani Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Kearns the Planning Commission minutes of April 11, 2000, were approved. (5- 0-0-2, Commissioners Hernandez and Lindstrom abstained as they were absent from the April 11, 2000, meeting.) COMMUNICATIONS. 1. Letter re Agenda Item No. 1. 2. Revised Location Map for Agenda Item No. 2. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of April 25, 2000 ORAL REQUESTS There were no oral requests. Page 2 PUBLIC HEARING Chairperson Gibbons read Agenda Item No. 1 into the record. PLN2000-18 Burch, S. Public Hearing to consider the application of Mr. Steve Burch for approval of a Tentative Parcel Map (PLN2000-18) create two single- family parcels on property located at 723 El Patio Drive in an R-1-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. 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 approval of a Tentative Parcel Map to create two flag lots. · Informed that in 1998, Council authorized staff to work out a street vacation on this cul de sac. · The subject property is located on the North side of E1 Patio. · The two lots will be 6,990 and 6,760 square feet respectively. · The Zoning Ordinance permits flag lots if they are at least 6,600 square feet. · Advised that the Community Development Director can approve a single flag lot but as this project includes two flag lots, Planning Commission must approve the application. · This project is consistent with the R-l-6 Zoning and General Plan Designation (less than six units per gross acre). The property is being developed at a density of 5.2 units per gross acre. · Said that a communication item was distributed from a neighbor across the street. Commissioner Kearns asked for clarification as to what this neighbor is asking. Mr. Tim J. Haley: · Advised that the neighbor, Mr. Hardy, has a garage at his property line and has also been utilizing some of the space that will become the cul de sac for a garden for a number of years. · Said that Mr. Hardy is asking to have the street improvements for the entire cul de sac installed rather than just the portion in front of the applicant's property. · Informed the Commission that the Public Works Department says that this applicant should not have to pay the costs to install the improvements in front of another person's property. Commissioner Kearns asked about the Condition of Approval No. 5, which requires access to the Los Gatos Creek Trail. Mr. Tim J. Haley advised that the trail access would follow an easement that allows the Water District access to their equipment. Added that at the present time, it is not practical to extend the Creek Trail in this area due to the sloping grade of the land. Planning Commission Minutes of April 25, 2000 Page 3 Chairperson Gibbons asked if any of the cul de sac improvements are installed at this time. Mr. Tim J. Haley replied that none of the cul de sac improvements are installed currently. Chairperson Gibbons asked what portion of the cul de sac would be installed as a Condition of Approval. Mr. Tim J. Haley answered about two-thirds of the cul de sac would be required to be installed by the applicant. Chairperson Gibbons asked for clarification as to the location of the easement. Mr. Tim J. Haley replied that the easement is at the southern property line of Parcel 2. Commissioner Hernandez asked how much of the cul de sac would not be improved. Mr. Tim J. Haley replied approximately 60 to 70 feet. Commissioner Lowe asked why the garage on the neighboring property is not meeting setbacks. Mr. Tim J. Haley advised that the garage was constructed in the 1930's or 1940's. Chairperson Gibbons stated that it appears that the Public Works Department has no objection to the cul de sac not being completed at this time. Commissioner Lowe asked about the neighbor's garden location. Mr. Tim J. Haley advised that the garden is located within the public right-of-way. Chairperson Gibbons clarified that the area has been unused for many years. Chairperson Gibbons advised that there is no Site and Architectural Review Committee report, as this project was not reviewed by SARC. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 1. Mr. Robert Hardy, 182 N. Poplar Avenue: · Thanked the Commission for the opportunity to address this project. · Thanked Tim Haley and Harold Housley for their assistance. · Advised that he and his brothers never received notice of Council's action in 1998 to vacate the public right-of-way. · Stated that the applicant, Steve Burch, is the one who notified him in January 2000. · Said that he and his brothers inherited this property from their father. Planning Commission Minutes of April 25, 2000 Page 4 · Advised of a problem with vagrants trying to access the Creek using their property. · Said that it adversely impacts his property not to have the improvements completed on the entire cul de sac, including the fact that his garage would be more exposed to traffic. · Said that until just recently he was no aware that this proposal did not include complete improvements of the cul de sac. · Asked who would be responsible for the costs of the improvements. · Questioned whether it was ever a requirement to have the entire cul de sac improved. Added that Public Works has said that completing the improvements was never a condition for this project. Commissioner Hernandez asked Mr. Hardy where his property is in relation to the project site. Mr. Robert Hardy replied that his property is located to the south of the garage that is depicted on the exhibit. They have a three-bedroom home there. Commissioner Hemandez asked about Mr. Hardy installing a fence. Mr. Robert Hardy replied that he would like to see a fence installed to keep people off of his property but that the Water District has an easement. Mr. Fred Ziegler, 203 Poplar, asked if there is any parking along the cul de sac. Mr. Tim J. Haley stated that with the driveway cutouts, available parking on the cul de sac would be limited. Chairperson Gibbons asked when the improvements would occur for the remainder of the cul de sac. Ms. Sharon Fierro, Community Development Director, replied that there are no plans nor a schedule for this work to be completed. Commissioner Lowe asked why. Ms. Sharon Fierro clarified that these improvements in front of Mr. Hardy's property are not the responsibility of Mr. Burch. Commissioner Lowe stated that it is an obligation of the City. Ms. Sharon Fierro advised that as properties are improved and/or developed the improvements are installed at the expense of the property owner doing the developing. Commissioner Lindstrom asked about the improvements that are being installed for one neighboring property by Mr. Burch. Planning Commission Minutes of April 25, 2000 Page 5 Mr. Tim J. Haley advised that Mr. Burch is connecting his improvements to existing improvements at the comer, including in front of a neighbor's property, however there is a trade off with that neighbor as far as vacation of property in trade off for the installation of the improvements. Mr. Steve Burch, Applicant, 743 E1 Patio: · Said that he has been working for a year and a half to meet City requirements. · Advised that he has not seen Mr. Hardy's letter nor know of Mr. Hardy's concerns until this evening. · Said that a overlay of pavement would be installed along Mr. Hardy's property. · Concurred with Mr. Hardy's complaint about a transient problem as they seek access to the Creek. Commissioner Lowe asked Mr. Burch if a home would be constructed on the second lot. Mr. Steve Burch replied that he hoped to build a home on the second lot, perhaps for his family to move into. Chairperson Gibbons questioned the lot size with the easement. Would it meet the 6,800 square foot minimum. Ms. Sharon Fierro replied that easements are not subtracted from a lot's size. Mr. Robert Hardy questioned whether there would be no improvements or the pavement overlay as Mr. Burch mentioned. Chairperson Gibbons stated that as she understands it no improvements are planned. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3272 approving a Tentative Parcel Map (PLN2000-18) create two single- family parcels on property located at 723 El Patio Drive in an R-1-6 (Single Family Residential) Zoning District, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Francois, Hernandez, Gibbons, Jones, Kearns, Lindstrom, Lowe None None None Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Francois, the Planning Commission took minute action to ask that the Planning Commission Minutes of April 25, 2000 Page 6 Public Works Department explore finishing the improvements in the triangle area of the cul de sac on El Patio and requested that staff bring a report back to the Commission, by the following roll call vote: AYES: Francois, Hernandez, Gibbons, Jones, Kearns, Lindstrom, Lowe NOES: None ABSENT: None ABSTAIN: None Chairperson Gibbons advised that this item is final in 10 days unless appealed in writing to the City Clerk. Chairperson Gibbons read Agenda Item No. 2 into the record. PLN2000-28 Netzel, J. Public Hearing to consider the application of Mr. Jim Netzel for approval of a Site and Architectural Application (PLN2000-28) to allow the construction of a new single family residence on property located at 1667 Walters Avenue in an R-l-9 (Single Family Residential) Zoning District. This project is Categorically Exempt. 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 approval for a new two-story, 3,200 square foot, single- family residence on the north side of Walters Avenue, close to Harriet Avenue. The structure will be a Craftsman style residence. · The zoning is R-l-9. Since this property is only 7,185 square feet, it is considered legal non- conforming and can be developed using the R-1-6 Standards. · This proposed residence complies with the requirements of the San Tomas Area Neighborhood Plan and with all required development and design standards. · Staff recommends that the Commission adopt a Resolution approving this application. Chairperson Gibbons asked about the Condition which requires deferred street improvements. Mr. Tim J. Haley advised that the Public Works Department is recommending deferred improvements. The improvements required are a rolled curb. Commissioner Francois presented the Site and Architectural Review Committee meeting as follows: · This project was reviewed by SARC on April 11, 2000. · SARC was supportive with the requirement for minor decorative items on the garage door. Windows have been added. Planning Commission Minutes of April 25, 2000 Chairperson Gibbons opened the Public Hearing for Agenda Item No. 2. Page 7 Ms. Susanne Waher, 1381 Estrellita: · Commended the Planning Commission for the houses that have been approved recently along Walters Avenue. · Stated that she is impressed with this plan and encouraged by this project. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 2. Commissioner Lindstrom asked if the SARC requirements have been met. Commissioner Lowe advised that the applicant was supportive of the request for changes to the garage door and implemented the change in his plans. Commissioner Kearns expressed surprise that the garage door would be metal rather than wood. Chairperson Gibbons advised that metal is the industry standard. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 3273 granting a Site and Architectural Approval (PLN2000-28) to allow the construction of a new single-family residence on property located at 1667 Walters Avenue in an R- 1-9 (Single Family Residential) Zoning, by the following roll call vote: AYES: Francois, Hernandez, Gibbons, Jones, Kearns, Lindstrom, Lowe NOES: None ABSENT: None ABSTAIN: None Chairperson Gibbons advised that this approval is final unless appealed in writing to the City Clerk within 10 days. Chairperson Gibbons read Agenda Item No. 3 into the record. PLN2000-35 Sandu, B & N Public Hearing to consider the application of Bhopinder & Narinder Sandu, on behalf of Freddie's Liquors, for approval of a Conditional Use Permit (PLN2000-35) to allow the establishment of a liquor store on property located at 1581 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Planning Commission Minutes of April 25, 2000 Page 8 Ms. Aki Irani, Planner I, presented the staff report as follows: Advised that the applicants are seeking a Conditional Use Permit to relocate their liquor store to 1581 W. Campbell Avenue. · Included is a general off-sale liquor license with incidental grocery sales. · The project site is on the northwest portion of Campbell Avenue, north of San Tomas Aquino Road, behind the gas station. · The Zoning is C-1-S (Neighborhood Commercial). · The General Plan designation is Commercial. · This proposal is consistent with both the General Plan and Zoning designation. The tenant space is 2,650 square feet and includes non-perishable items. · Hours of operation are 8 a.m. to 11 p.m. · Campbell Police have no concerns or objections to this business. · No site changes are proposed so SARC did not review this project. · Staff is supportive and recommends that the Commission approve this project. Commissioner Hernandez questioned the operational hours, stating that in the conditions of approval the starting time is listed as 6 a.m. instead of 8 a.m. Ms. Aki Irani clarified that operational hours allowed for businesses are from 6 a.m. to 11 p.m. without need of a Use Permit. This business will open at 8 a.m. but can work within their store beginning at 6 a.m. Commissioner Francois clarified that this business will encompass two tenant spaces at the Wing Center, located between the bakery and the cleaners. Commissioner Lindstrom advised the Commission that this is an existing business (Freddie's Liquors) that is simply relocating across the street after having lost their lease. Therefore, it does not result in an added liquor store in the area. Chairperson Gibbons sought clarification that no signs are included in this application. Ms. Aki kani replied that that assumption is correct. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 3. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3274 approving a Conditional Use Permit (PLN2000-35) to allow the establishment of a liquor store with general off-sale liquor sales on property located at 1581 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District, by the following roll call vote: Planning Commission Minutes of April 25, 2000 AYES: Francois, Lowe NOES: None ABSENT: None ABSTAIN: None Hernandez, Gibbons, Jones, Kearns, Page 9 Lindstrom, Chairperson Gibbons advised that this approval is final unless appealed in writing to the City Clerk within 10 days. Chairperson Gibbons read Agenda Item No. 4 into the record. 4. PLN2000-36 Munteanu, A. Public Hearing to consider the application of Mr. Adrian Munteanu for a Site and Architectural Approval (PLN2000-36) to allow the construction of a new single-family residence on property located at 1146 Steinway Avenue in an R-l-10 (Single- Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Ms. Aki Irani, Planner I, presented the staff report as follows: · Advised that the applicant is seeking approval for a new two-story single-family residence on the south side of Steinway Avenue, east of Burrows Road and west of Virginia Avenue. · The proposed density is 3.9 which is higher than the standard of 3.5 and the lot is legal non- conforming. · Otherwise the project is consistent with the General Plan, Zoning Designation and the San Tomas Area Neighborhood Plan. · The project consists of a 3,560 square foot house, 460 square foot, two-car garage and a 200 square foot, one-car garage. · The architecture is a contemporary Mediterranean style with clay tile roofing. · No trees will be removed from the site and four new trees will be added, one new tree for each 1,000 square feet of space. · Staff recommends approval of this project. Commissioner Kearns asked what the standards are for improvements on this street. Ms. Aki Irani advised that this is a transition area from one with just rolled curbs to one with full improvements. The Public Works Department is undecided at this time as to what level of improvements will be required at this site. Chairperson Gibbons asked staff to incorporate the standard Building Department Conditions of Approval from the Walters Avenue report to this project as well. Planning Commission Minutes of April 25, 2000 Page 10 Commissioner Francois presented the Site and Architectural Review Committee meeting as follows: · This project was reviewed by SARC on April 11, 2000. · SARC was very supportive and found this to be a good project which is consistent with the neighborhood. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 4. Mr. Gary Gerard, 651 Louise Court: · Advised that he is present as a representative of the San Tomas Area Neighborhood Association. Stated that while he was initially concerned about the density, he has changed his mind. Offered kudos to staff for adhering to the San Tomas Area Neighborhood Plan. Asked that, in the future, the proposed street improvement obligations be more specific within the Conditions of Approval. Ms. Sharon Fierro, Interim Community Development Director, stated her agreement with this request. Mr. Larry Grattan, 1136 Steinway Avenue: · Thanked the City for the improvements on Burrows. · Asked that the improvements be full curb, gutter and sidewalks to tie into his improvements installed years ago when he developed his property. Mr. Greg Mahan, 1156 Steinway Avenue: · Stated that there is only one other two-story residence in this neighborhood. · Complained of a drainage and run-off problem in the area since he moved into the area in December 1999. · Stated that improvements need to be addressed. · Said that this is an abandoned property right now. · Asked that additional trees be added to the back yard to help screen his property for privacy. · Advised that the property behind this site is now for sale. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 4. Commissioner Lindstrom asked about the improvements. Ms. Aki Irani advised that part of the area, up to Peggy, has rolled curb and that there are full improvements east of Peggy Avenue. Commissioner Lindstrom asked about the deferring of improvements. Ms. Aki Irani advised that the area is largely unimproved at this time and that Public Works has decided to defer the improvements at this time. Planning Commission Minutes of April 25, 2000 Commissioner Lowe stated that a decision needs improvements or rolled curb and not half and half. to be made whether to Page 11 require full Chairperson Gibbons asked what the Commission's options are regarding the requirement for improvements. Ms. Sharon Fierro, Interim Community Development Director, advised that she will notify Public Works that their conditions are unclear and will ask them to clarify them. Ms. Aki Irani added that the driveway to the flag lot is on the west side. This property owner will have an easement to that driveway to access the one car garage. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 4. Commissioner Kearns asked about the neighbor's request for additional screening trees. Chairperson Gibbons reminded that new trees are required under the San Tomas Area Neighborhood Plan and that perhaps they can be planted along this driveway. Commissioner Lowe stated that there is a driveway on the west side as well as a seven-foot setback to separate this property from the neighboring property. This distance is larger than normal between neighboring residences and should serve as a sufficient buffer. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3275 granting a Site and Architectural Approval (PLN2000-36) to allow the construction of a new single family residence on property located at 1146 Steinway Avenue in an R-1-10 (Single-Family Residential) Zoning District, by the following roll call vote: AYES: Francois, Hernandez, Gibbons, Jones, Kearns, Lindstrom, Lowe NOES: None ABSENT: None ABSTAIN: None Chairperson Gibbons advised that this approval is final unless appealed in writing to the City Clerk within 10 days. Chairperson Gibbons read Agenda Item No. 5 into the record. Planning Commission Minutes of April 25, 2000 Page 12 5. PLN2000-40 Schwanda, K & S Public Hearing to consider the application of Ken and Sue Schwanda for a Fence Exception (PLN2000-40) to allow a seven foot high fence (six foot solid fence with one foot lattice) and a reduced comer setback for the placement of said fence on property located at 96 Del Prado Drive in an R-l-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Ms. Sharon Fierro, Interim follows: · Community Development Director, presented the staff report as Advised that the Fence Ordinance allows for a six-foot fence. Anything over requires a Fence Exception. The Community Development Director can approve a Fence Exception if the adjacent neighbors give consent. If the neighbors do not give written consent, the Planning Commission hears the matter. · The applicants are seeking approval for a seven-foot fence to be installed at the side yard on a comer lot. Additionally, they seek placement of the fence at the property line as opposed to 15 feet from the property line. · If a finding can be made that the fence will not be a detriment to the public welfare and does not adversely impact the aesthetics of the area such as property values, it can be approved. · Staff is recommending approval, as other fences in the immediate area are located on the property line in similar situations. · The City's Traffic Engineer has reviewed the request and found that there are no site line visibility issues with this proposal. · Letters of consent were received from all but one neighbor. Staff is unclear why the one neighbor has declined to sign a consent form. Commissioner Lowe asked if the neighbors were notified of the meeting. Ms. Sharon Fierro advised that all adjacent neighbors were notified and were also approached by the applicant. Commissioner Lindstrom: · Added that the one neighbor is not against the fence but just did not want to sign anything. · Said that there are other such fences in the area and this one fits right in. · Stated that this is a good project. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 5. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 5. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3276 approving Planning Commission Minutes of April 25, 2000 Page 13 a Fence Exception (PLN2000-40) to allow a seven foot high fence (six foot solid fence with one foot lattice) and a reduced corner setback for the placement of said fence on property located at 96 Del Prado Drive in an R-l- 6 (Single Family Residential) Zoning District, by the following roll call vote: AYES: Francois, Hernandez, Gibbons, Jones, Kearns, Lindstrom, Lowe NOES: None ABSENT: None ABSTAIN: None Chairperson Gibbons advised that this approval is final unless appealed in writing to the City Clerk within 10 days. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Interim Community Development Director, was accepted as presented, with the added comments: · Advised that Council approved the Downtown Parking Structure concept. · Said that there are two items for the next Planning Commission Meeting on May 9, 2000. Commissioner Lindstrom asked if the structure at 20 Union Avenue is still considered historic since it has been virtually rebuilt. Ms. Sharon Fierro advised that it was discovered that there was substantial dry rot and termite damage. The developer has preserved the windows, siding and doors and will reinstall them. ADJOURNMENT The Planning Commission meeting adjourned at 9:14 p.m. to the Planning Commission meeting of May 9, 2000, in the Council Chambers, City Hall, 70 North First Street, ~Campbell, California. SUBMITTED BY: L,4 Corinne A. Shinn, Recording Secretary APPROVED BY: ~ ~,~ ~ ~/5'/tf'Y--~/ Elizabeth Gibbons, Chair ATTEST: Sharon Fierro, Secretary