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PC Min 07/25/2000CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JULY 25, 2000 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of July 25, 2000, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair Lindstrom, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Acting Chair: Commissioner: Commissioner: Commissioner: Commissioner: Mel Lindstrom Tom Francois Brad Jones Susan A. Keams Dennis Lowe Commissioners Absent: Chair: Commissioner: Elizabeth Gibbons Joseph D. Hemandez Staff Present: Community Development Director: Associate Planner: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Tim J. Haley Darcy Smith William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Kearns, the Planning Commission minutes of June 27, 2000, were approved. (3-0-2-2; Chair Gibbons and Commissioner Hernandez were absent and Commissioners Lindstrom and Lowe abstained as they were absent from the June 27, 2000, meeting.) COMMUNICATIONS. There were no communication items. Planning Commission Minutes of July 25, 2000 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Commissioner Francois suggested heating Item No. 3 prior to Item No. 2 as there are more people interested in addressing Item No. 2 and it will take longer than Item No. 3. The Commission agreed to hear Item 1, followed by Item 3 and, finally, Item 2. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Acting Chair Lindstrom read Agenda Item No. 1 into the record. PLN2000-91 Kaplan, R. Public Heating to consider the application of Ms. Ruth Kaplan, on behalf of Mulberry School, for approval of an Extension (PLN2000- 91) of a previously-approved Modification to a Conditional Use Permit to allow the continued use of a portable classroom for Mulberry School on property located at 1980 Hamilton Avenue in a PF (Public Facilities) 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, Community Development Director, presented the staff report as follows: · Advised that the property on which Mulberry School is located was annexed into Campbell in 1993. · A modular classroom unit was allowed to be installed for a four-year period. It was conditioned that should Mulberry School wish to extend the use of the portable classroom, they would have to return to the Planning Commission for reconsideration. · The applicants are not proposing any changes to the portable classroom. · The School is limited to 112 students. Their hours of operation are from 9 a.m. to 3 p.m., with extended care for children from 7:30 a.m. to 6 p.m. · Advised that the school lacks a trash enclosure and that does not meet current standards. They are now required to install a screened trash enclosure. The applicants are asking for more time to comply with this condition as they are tenants of the First Congregational Church. The Church has recently lost its pastor and two associate pastors to retirement and relocation. They currently do not have an authorized decision maker who can approve the final design of the proposed trash enclosure on behalf of the Church. · Staff recommends approval of an extension of the use for the portable classroom at Mulberry School for another four years. Commissioner Lowe questioned how long the "temporary" structure would be needed by the school prior to the construction of more permanent facilities. Asked if there are other portables being used for classrooms. Planning Commission Minutes of July 25, 2000 Page 3 Ms. Sharon Fierro replied that there are other portable classrooms in Campbell and, in fact, another private school will be approaching the Commission in the near future to obtain approval for a portable classroom. Added that staff finds this request to be reasonable. Coli~missioner Lowe stated that he felt an additional four years seems excessive to him. Ms. Sharon Fierro advised that the Commission can ask the applicant why the delay in securing permanent accommodations is occurring. Ms. Ruth Kaplan, Director/Principal, Mulberry School, 1980 Hamilton Avenue, San Jose. · Stated that she agrees with the Conditions of Approval. · Advised that the school has been in discussions with the church for installation of the trash enclosure over the past year. · Asked for a deadline extension to January, 20001, to meet that requirement. · Said that the school wants to stay where it is. Commissioner Lowe asked Ms. Kaplan what the benefits are for a portable over a permanent structure. Ms: Ruth Kaplan: · Stated that the portable is serving them well right now but that they would like to design and build something that meets their needs. · Added that the school has 112 children, with no more than 16 children per class/grade. Mr. John Taylor, Business Manager and Representative for the Congregational Church, advised that the church is in support of the applicant's request for a delay in the installation of the trash enclosure. Commissioner Lowe asked if the provision of a trash enclosure was required with the original approval for this portable classroom. Ms. Sharon Fierro replied that no such enclosure was required at that time. Acting Chair Lindstrom opened the Public Hearing for Agenda Item No. 1. Mr. Curtis Montgomery, 1711 Phantom Lane: · Advised that he has been living with this portable classroom next door to his home for the last four years and that he is opposed to the continuation of the use of the portable. · Stated that the school has not been a good neighbor with problems such as having the school chop trees located at the shared property line, beautiful Monterey Pines which can provide some privacy. Kids throw items, including food, into his yard and annoy his dog and peer into their yard while sitting atop the slide. Planning Commission Minutes of July 25, 2000 Page 4 Suggested that the school establish some sort of boundary at the fence to limit these problems in the future. · Said that there are activities on the property all the time, seven days a week. · ,Said that this use is reducing property values. Commissioner Francois asked if the school can advise the Commission if the portable classroom is used due to financial considerations and what time frame could be provided for when something more permanent would be implemented. Ms. Ruth Kaplan advised that both the school and the church have Long Range Planning Committees working on facilities planning. Commissioner Francois asked how far into the future decisions might be reached. Ms. Ruth Kaplan replied that she thought that they would be further along in the process at this stage but that they had not anticipated so many key personnel vacancies at the church which restrict the ability for anyone to make decisions on the church's behalf. Commissioner Jones asked whether the school could relocate the slide that is causing concerns for the adjacent residential neighbor. Mr. Jay Perrine, 891 Almadda Avenue: · Stated that the slide is currently located 25-30 feet from the fence and was placed there when the portable classroom was placed on the site. · Added that, until this evening, he was unaware that the slide posed a problem for the neighbor. · Reminded that the school has been long range planning for a while. · Said that the church is the landlord and the school is a tenant of the church. · Added that every public school has portables. Acting Chair Lindstrom asked that the school continue to work to be a good neighbor. Commissioner Lowe mentioned the appearance of trash and debris, including tires, on the property and asked what that was about. Mr. Jay Perrine advised that people in the area, unsure whether from neighborhood or not, dump things alongside the school's dumpster. Reminded that the dumpster is not controlled at night. Added that the school has the dumpster, three recycle containers and the ability to recycle cardboard. Commissioner Lowe asked whether Mr. Perrine believed that the school would need another extension of the portable classroom use four years from now. Planning Commission Minutes of July 25, 2000 Page 5 Mr. Jay Perrine replied that the school has a proposal in with the church to build. Since the church has lost its executive staff, due to retirement and two moves, approvals have not occurred. Acting Chair Lindstrom reminded that the original approval for the portable was for four years with the condition that the applicant could apply for an extension after that time if necessary. Said that the need for an extension is the reason the matter is before the Commission once again. Acting Chair Lindstrom closed the Public Heating for Agenda Item No. 1. Commissioner Lowe advised that he is not in favor of a four-year approval, saying that action is needed sooner for a permanent solution. Suggested a one-year extension. Commissioner Francois stated that the school is trying its best and that he did not see a problem with granting another four-year use of the portable. Added that the school needs to be allowed the time to get it done. Commissioner Lowe said that the school has already had four years. During that time the church's executive staff was still there so that is not an excuse. Commissioner Jones stated that he would support a one or two-year extension with an added condition that the Community Development Director look into the slide placement. Commissioner Keams said that she concurred with Commissioner Francois and favored staff's recommendation to approve the four-year extension. Agreed that the Director should take a look at the placement of the slide. Added that the school was in place when the neighbors moved in. Commissioner Lowe said that she cannot state that for a fact. Commissioner Kearns reminded that the school was established on this property in 1965. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Jones, the Planning Commission moved to adopt a Resolution granting a two-year Extension (PLN2000-91) of a previously-approved Modification to a Conditional Use Permit to allow the continued use of a portable classroom for Mulberry School, on property located at 1980 Hamilton Avenue, with the consideration by the Community Development Director regarding the proximity and/or relocation of the slide relative to the adjacent residential neighbor, by the following roll call vote: AYES: Jones, Lowe NOES: Francois, Kearns, Lindstrom ABSENT: Gibbons, Hernandez ABSTAIN: None The motion failed. Planning Commission Minutes of July 25, 2000 Page 6 Motion: Upon motion of Commissioner Francois, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3287 granting a four-year Extension (PLN2000-91) of a previously-approved Modification to a Conditional Use Permit to allow the continued use of a portable classroom for Mulberry School, on property located at 1980 Hamilton Avenue, with the consideration by the Community Development Director regarding the proximity and/or relocation of the slide relative to the adjacent residential neighbor, by the following roll call vote: AYES: Francois, Kearns, Lindstrom NOES: Jones, Lowe ABSENT: Gibbons, Hernandez ABSTAIN: None Acting Chair Lindstrom advised that this decision is final in 10 days unless appealed in writing to the City Clerk. Acting Chair Lindstrom read Agenda Item No. 3 into the record. 3. PLN2000-85 Lynch, F. Public Heating to consider the application of Mr. Frank Lynch, on behalf of Rich and Lynn Hilovsky, for a Site and Architectural Approval (PLN2000-85) to allow the construction of a new single- family residence on property located at 1068 Audrey 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. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Stated that the applicants are seeking a Site and Architectural Approval to allow the construction of a new single-family residence. · Said that the project site is on the south side of Audrey in an R-l-10 Zoning District. · The General Plan designation is low density residential. · Advised that an existing residence and detached garage will be demolished and a new 4,500 square foot structure constructed. · Said that the project site is 12,852 square feet. · Stated that the project meets the development standards for the zoning and the San Tomas Area Neighborhood Plan. · Advised that the applicant will need to enter into an agreement to install street paving in the future should the street become deteriorated. There are no curbs, gutters or sidewalks on Audrey. · Advised that staff is recommending approval. Planning Commission Minutes of July 25, 2000 Page 7 Commissioner Lowe sought clarification that there are no requirements for improvements. Mr. Tim J. Haley replied that he was correct. Acting Chair Lindstrom presented the Site and Architectural Review Committee report as follows: · Advised that SARC reviewed the project on July 11, 2000, and was supportive with the condition that the window trim be used on all four elevations. Mr. Henning Marahrens, 1080 Audrey Avenue: · Stated that this looks like a nice house. · Said that originally he was concerned about setbacks but found out that it is in conformance. · Asked how high the eave is and whether the applicants would be installing a new fence. · Reiterated that this is a nice house and he has no problem with it. Ms. Debra Gould, 1049 Lucot Way: · Said that her home is behind this one. · Added that she bought her home two years ago and liked the privacy it afforded. · Expressed concern that the windows on the second story will overlook her backyard and master bed and bathroom. Ms. Bonnie Harper, 1061 Lucot Way: · Said that her home is also behind this one. · Said that she has lived in Campbell for 10 years, one year on Lucot, and that she likes the small town feel. · Expressed concern about privacy in her dining and family rooms as well as her daughter's bedroom. · Asked if the windows could be moved or, if not, whether trees or shrubs could be planted for screening. Mr. Gary Giraud, Representative, San Tomas Area Neighborhood Association: · Stated that he is impressed and that it is nice to see adherence to the STANP. · Expressed his appreciation for staff's efforts and said that this is a "nice, very big house." · Asked for clarification about the agreement required for improvements just for his own information and knowledge. Ms. Sharon Fierro: · Explained that the unsecured street improvement agreement is to cover a part of the cost of reconstructing the street itself should it become deteriorated in the future. · Added that there are no curbs, gutters or sidewalks required. Mr. Tim J. Haley: · Added that the agreement is unsecured and no bonding is required. Planning Commission Minutes of July 25, 2000 Page 8 · Said that the applicant is installing utilities and will require some encroachment into the public right-of-way. Some repairing of the pavement areas where these utility connections occur will be required. · Advised that the addition of one tree per each 2,000 square foot of the lot is required under the STANP. The applicants plan a small orchard in the backyard. Commissioner Francois asked about privacy issues. Mr. Tim J. Haley advised that the rear yard setback is 60 feet and this will help with any privacy issues. Ms. Linda Franklin, 1037 Lucot Way: · Expressed that she concurred with her neighbors regarding the loss of privacy. · Said that this two-story residence will create a precedent in the neighborhood. · Said that she likes her privacy and that is why she lives here. Acting Chair Lindstrom stated that the Commission is looking out for the interest of everyone. Mr. Frank Lynch, Applicant: · Advised that the rear setback is 60 feet. With at least 25 feet on the other side of the fence, there will be a minimum of 85 feet between the houses. · Added that his client is willing to provide additional screening with landscaping. Acting Chair Lindstrom closed the Public Heating for Agenda Item No. 3. Commissioner Lowe advised that the provisions of the San Tomas Area Neighborhood Plan bind the Commission. Added that this house is more than generous with setbacks. Commissioner Jones sought clarification that the trees required with the Conditions of Approval must be retained. City Attorney Seligrnann and Sharon Fierro both replied yes. Ms. Fierro added that the Tree Ordinance protects trees. Commissioner Jones added that the STANP is strict and this project has a 60 foot rear setback when only 25 is required under th, e plan. Added that he is not supportive of any restrictions. Said that the neighbors can plan trees in their own yards to protect their privacy. Commissioner Francois added his agreement with Commissioner Jones. Said that the applicant has done a great job. Both Floor Area Ratios and Lot Coverage levels are less than would be allowed under the STANP. Planning Commission Minutes of July 25, 2000 Page 9 Motion: Upon motion of Commissioner Francois, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3288 granting a Site and Architectural Approval (PLN2000-85) to allow the construction of a new single-family residence on property located at 1068 Audrey Avenue, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Francois, Jones, Kearns, Lindstrom, Lowe None Gibbons, Hernandez None Acting Chair Lindstrom read Agenda Item No. 2 into the record. 2. Appeal of PLN2000-22 Public Heating to consider the appeal of an Administrative Approval for a Tree Removal Permit (PLN2000-22) to remove four redwood trees on property located at 770 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Ms. Darcy Smith, Planner I, presented the staff report as follows: · Advised that an appeal of an Administrative Approval, to remove four Coast Redwood trees on the side yard of a commercial building at 770 W. Hamilton Avenue, was received from Mark Rosenthal (and others from around the area) who objects to the removal of these trees. · The Community Development Director approved the Tree Removal Permit on June 20, 2000. These trees are protected under.the City's Tree Ordinance. · Advised that previously a fifth Redwood was located in this area and removed in 1993, before the adoption of the Tree Ordinance. · Staff has made the determination that the trees have the potential to cause damage to the structure and potential damage to underground utilities. · Advised that there is only about 10 to 12 inches between the tree trunks and the roof. · An arborists report states that the trees have already caused damage. · Advised that PG&E has marked the area directly around the trees where high voltage lines are located. They are concerned about the potential for power outages or fire which could occur as a result of the tree roots interfering with the underground utilities. · Said that the applicants would be required to plan four 24-inch box trees (three olive and one crape myrtle) elsewhere on the property. Twenty-one shrubs will be planted in the area currently occupied by the four trees slated for removal. Commissioner Jones asked how tall these trees are. Ms. Darcy Smith estimated approximately 40 to 50 feet. Planning Commission Minutes of July 25, 2000 Page 10 Commissioner Jones asked for the potential height of these trees. Ms. Darcy Smith advised that they grow about two feet a year in their early growth. Ms. Sharon Fierro added that the maximum height for Coast Redwoods, in ideal conditions, is 60 feet. Commissioner Lowe announced that he lives in the area, but outside of the 300 foot range which allows him to consider this application without conflict. City Attorney Seligmann advised that as long as the impact on Commissioner Lowe's property is less than a $10,000 increase or decrease in value. Added that Commissioner Lowe is clearly outside of the 300 foot range. Mr. Robert Borello, 14004 Quito Road, Saratoga: · Advised that he is here on behalf of the property owners, the Caringellos. · Advised that the trees have caused damage to buildings, including having needles clog roof drains, which creates flooding on the roof, branches falling onto the roof and broken clay tiles on the side elevation. · Added that the trees are only 10 to 12 inches from the building now and will only expand and get closer. · Said that the roots, however, are the main problem. They are going under the foundation and there are four types of utility lines beneath the trees including gas, phone, high voltage and 240 secondary electrical line. · Added that PG&E has concerns about potential damage to lines. · Said that he would like to keep the structure intact and asked for authorization to remove these trees, which are threatening to damage the structure. Acting Chair Lindstrom asked whether PG&E has issued any comments in writing. Mr. Robert Borello replied that he had just spoken with a PG&E representative today. Commissioner Francois asked for the distances for the various utility lines. Mr. Robert Borello: · Advised that the gas line is 7 inches from the sidewalk, the telephone line is 64" from the sidewalk, the high voltage lines are 16 inches from the sidewalk and the secondary 240 electrical line is 25 inches from the sidewalk. Commissioner Lowe asked if the applicant has had a structural engineer review the structure. Mr. Robert Borello replied that they have concentrated on working with the arborist. Planning Commission Minutes of July 25, 2000 Page 11 Commissioner Lowe asked for information about the placement of the new trees. Mr. Robert Borello replied that they have taken direction from the Planning staff. They will plant shrubs where the trees are being removed. The newly planted trees will be located elsewhere on the property. Commissioner Lowe asked if the maintenance of the landscaping is required. Ms. Darcy Smith replied that on-going maintenance is required for the landscaping. Ms. Sharon Fierro added that the root system for the shrubs will not interfere with the utilities in the way that the tree roots are interfering. Ms. Terry Tronty, 406 Darryl Drive, Campbell: · Said that she has lived in the area 12 years and likes the trees very much. · Said that it is sad to see native trees ripped out and that these are four beautiful trees. · Suggested that staff wait to get written reports from PG&E before acting on the removal of these trees. · Added that in her opinion the sidewalk damage is more caused by the street trees than these Redwoods. · Asked the City to ensure that there are no other alternatives to the removal of these trees before allowing it to occur. Commissioner Lowe thanked the citizen for coming to address this issue. Mr. Robert Borello advised that while he had no written confirmation from PG&E, the property has been marked up by USA (Underground Services Assurance) to depict where the underground utilities are located near the trees. These markings are visible on the photographs provided with the exhibits this evening. Acting Chair Lindstrom closed the Public Hearing for Agenda Item No. 2. Acting Chair Lindstrom: · Stated that he did not like to see Redwood trees go down. · Added that he too lives in the area and passes by each day. He went to the site the last two days to look it over. · Said that this is a tough decision. · Added that he would welcome one or two of these trees in his yard if it were possible to move them there. · Stated that the trees, unfortunately, are a hazard where they currently are located. Commissioner Lowe: · Stated that the trees were placed too close to a building in error and without much foresight. Planning Commission Minutes of July 25, 2000 Page 12 · Added that he too would love to have such fine trees in his yard. · Said that public safety must be taken into account. · Said that he would recommend approval of the tree removal. Commissioner Kearns: · Said that the trees are beautiful and that she loves trees, stating that her property is covered in trees. · Added that these trees are too close to the building. · Said that the mitigation for the loss of the trees, including the addition of shrubbery and four new trees in a better location on the property, which will not interfere with the building. Commissioner Jones expressed his agreement. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3289 denying an appeal and upholding the Administrative Approval for a Tree Removal Permit (PLN2000-22) to remove four redwood trees on property located at 770 W. Hamilton Avenue, by the following roll call vote: AYES: Francois, Jones, Kearns, Lindstrom, Lowe NOES: None ABSENT: Gibbons, Hernandez ABSTAIN: None Acting Chair Lindstrom advised that this decision 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, Community Development Director, was accepted as presented, with the added comments: · Advised that the appeal for 14419 S. Bascom was continued to the August 1, 2000, Council meeting at the request of the applicant. Added that the applicant is going to request that the matter be returned to the Planning Commission at the discretion of the City Council. · Advised that the last General Plan Task Force meeting will occur on July 31, 2000. Following that will be a "dog and pony" show before all of the Boards and Commissions. · Added that there are not a lot of policy changes proposed and that the City's Strategic Plan will be incorporated into the updated General Plan. · Advised that there will be Public Hearings including before the Planning Commission on October 10, before Council on November 9th, where it is anticipated that the Update will be adopted. · It is believed that the City will have an approved updated General Plan by the end of the year. Planning Commission Minutes of July 25, 2000 Page 13 ADJOURNMENT The Planning Commission meeting adjourned at 8:58 p.m. to the Planning Commission meeting of August 22, 2000, in the Council Chambers, City Hall, 70 North First Street, Campbell, California (the meeting of August 8, 2000 was cancelled). · SUBMITTED BY: APPROVED BY: ATTEST: C~6'~ne A Sh~nn, Recording Secretary 'Mel'Li~, Actir~g Chair Sharon Fierro, Secretary