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PC Min 11/14/2000CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. NOVEMBER 14, 2000 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of November 14, 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: Elizabeth Gibbons Mel Lindstrom George Doorley Joseph D. Hemandez Brad Jones Dennis Lowe Commissioners Absent: Commissioner: Tom Francois Staff Present: Community Development Director: Senior Planner: Planner I: Traffic Engineer: City Attomey: Reporting Secretary: Sharon Fierro Geoff I. Bradley Kristi Bascom Matthew Jue William Seligrnann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Lowe, seconded by Commissioner Lindstrom, the Planning Commission minutes of October 10, 2000, were approved. (5-0- 1-1; Commissioner Francois was absent and Commissioner Jones abstained as he was not present at this meeting) Planning Commission Minutes of November 14, 2000 Page 2 Motion: On motion of Commissioner Jones, seconded by Commissioner Hernandez, the Planning Commission minutes of October 24, 2000, were approved. (5-0- 1-1; Commissioner Francois was absent and Commissioner Lindstrom abstained as he was not present at this meeting) COMMUNICATIONS. 1. Amended Conditions of Approval for Agenda Item No. 1 2. Amended Conditions of Approval for Agenda Item No. 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REQUESTS Two gentlemen wished to discuss the issue of rent control. They were advised by Chairperson Gibbons that the Planning Commission has no jurisdiction over the issue of rent control and advised them that Council is actually the appropriate body to consider the subject of rent control. The two indicated that they had erroneously believed that this evening's meeting was a Council meeting. With that clarification, they left without making any comments and will return for the November 21, 2000, Council meeting. PUBLIC HEARING Chairperson Gibbons read Agenda Item No. 1 into the record. PLN2000-126 Rosingana, B. Public Hearing to consider the application of Mr. Bill Rosingana for a Site and Architectural Approval (PLN2000-126) to allow the construction of a new 4,158 square foot, two-story, single-family residence on property located at 1480 Harriet Avenue in an R-l-9 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Mr. GeoffBradley, Senior · · Planner, presented the staff report as follows: Stated that the subject site is located on the south side of Harriet at Van Dusen Lane. The General Plan Land Use designation is Low Density Residential and the Zoning designation is R-l-9. The lot is just over 9,000 square feet. The proposed residence is two-story with two two-car garages. The residence incorporates an entry feature, divided window treatments and stucco siding, which is proposed to be painted light taupe with slightly darker tan trim. The roof will be medium gray. The house is fairly large and is just at the allowable .45 FAR under the San Tomas Area Neighborhood Plan. The project meets all STANP requirements. Commissioner Hemandez asked whether a fireplace is included. Planning Commission Minutes of November 14, 2000 Page 3 Mr. GeoffBradley replied that there is a fireplace. Commissioner Doorley provided the Site and Architectural Review Committee report as follows: · SARC had expressed concern regarding the massing of the front elevation and the inclusion of two two-car garages. The applicant added a tree in front and softened the front fagade to alleviate these concerns. · The project is compatible with the surrounding community. Chairperson Gibbons asked about the inclusion of two two-car garages. Mr. GeoffBradley: · Advised that one of the garages will face the street (more visible) while the second will be a side entry garage (not visible from front). The two garages are positioned to create a sort of car court. · Advised that the modified Conditions of Approval distributed this evening clarify that the applicant will need to work through the State of California for the public improvements along Van Dusen. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 1. Mr. Bill Rosingana, Applicant and owner of 1480 Harriet Avenue: · Said that he was available for questions and advised the Commission that there is one fireplace in the home. Chairperson Gibbons asked Mr. Rosingana whether any trees would be removed with this project. Mr. Bill Rosingana replied that two small trees would be relocated on site and that he would be planting at least three new trees in addition. Chairperson Gibbons asked Mr. Rosingana whether he clearly understood Condition of Approval No. 19. Mr. Bill Rosingana replied that he did. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3312 granting a Site and Architectural Approval (PLN2000-126) to allow the construction of a new 4,158 square foot, two-story, single-family residence on property located at 1480 Harriet Avenue with the revised Conditions of Approval, by the following roll call vote: Planning Commission Minutes of November 14, 2000 Page 4 AYES: NOES: ABSENT: ABSTAIN: Doorley, Gibbons, Hernandez, Jones, Lindstrom, Lowe None Francois None Chairperson Gibbons advised that this action is final in 10 days, unless appealed in writing to the City Clerk. Chairperson Gibbons read Agenda Item No. 2 into the record. PLN2000-134 Bahng, L. Public Hearing to consider the application of Ms. Lavinia J. Bahng for approval of a Conditional Use Permit (PLN2000-134) to allow the establishment of a Day Care Facility for up to 60 children in an existing church on property located at 62 S. San Tomas Aquino Road in a C-PD (Condominium/Planned Development) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Ms. Kristi Bascom, Planner I, presented the staff report as follows: Advised that the proposed site is at the Korean Baptist Church of the World Mission, which was constructed as an office building in 1982 and converted to a church use in 1996. The building is two floors and 23,000 square feet. The hours of operation are Tuesday through Saturday, 9 a.m. to 6 p.m. where six people work on site. · The applicant is seeking a Use Permit to allow the addition of a Day Care Facility. The proposed hours of operation are from 7 a.m. to 6 p.m., Monday through Friday. The applicant proposes to start with 28 students and is authorized by the State for up to 44 students on the site with the size of the existing outdoor play area. The applicant is seeking a Use Permit approval for up to 60 to allow future growth but they have no plans now to increase to that number of students. · Five to six employees will staff the Day Care. · The outdoor play will occur between 10:30 and 11:30 a.m. and between 3 and 4 p.m. · The site circulation will require parents to enter to the north of the site and exit from the south. Staff has conditioned that the parents be required to enter into the parking lot, park their vehicle and enter the school in order sign in their child(ren) to prevent the stacking of vehicles onto Campbell Avenue. The gate to the south will be closed at all times except for 7 to 8 a.m. and 5 to 6 p.m. · The site includes 94 parking spaces. As the school and church uses will be staggered, this is a sufficient number of parking spaces for this site. Planning Commission Minutes of November 14, 2000 Page 5 Staff recommends the adoption of a Resolution approving this Conditional Use Permit with the conditions of approval including an added condition concerning noise complaints from neighbors, which may result in the Use Permit being referred back to the Commission. Commissioner Doorley asked for clarification between the 44 children the State will allow versus the 60-student limit the applicant is asking the City to impose for her Use Permit. Ms. Kristi Bascom replied that the State bases its license on the amount of outdoor playground available. If the applicant were to stagger the use of the playground, she could accommodate more children. What is counted is the number of children on the playground at any one time. Commissioner Jones asked whether the neighbors were notified of this hearing. Ms. Kristi Bascom replied that they had and no comments have been received. Commissioner Lindstrom asked for clarification on the number of parking spaces as he noticed a mention of 108 on one document. Ms. Kristi Bascom advised that some of the original parking spaces were eliminated when the playground was created. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 2. Commissioner Doofley asked Ms. Lavinia Bahng for clarification about the State licensing for up to 60 students. Ms. Lavinia Bahng, Applicant: · Advised that under her State license she will be permitted to have 28 children utilizing the playground at any given time. She can alternate the play schedule to accommodate more children at the Day Care as long as no more than 28 are out in the at a time. · Added that she has interior space for 44 students right now and there is space to grow. · Said that in the future, she could envision up to 56 students using three schedules for playground use. Commissioner Lowe asked the age of the children. Ms. Lavinia Bahng replied that they are preschoolers, ranging from two to five years old. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 2. Commissioner Doorley expressed his complete support to Ms. Bahng for this Day Care. He stated Day Cares provide a very important service for the community. Planning Commission Minutes of November 14, 2000 Page 6 Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3313 approving a Conditional Use Permit (PLN2000-134) to allow the establishment of a Day Care Facility for up to 60 children in an existing church on property located at 62 S. San Tomas Aquino Road with the added Condition of Approval regarding possible noise complaints, by the following roll call vote: AYES: Doorley, Gibbons, Hernandez, Jones, Lindstrom, Lowe NOES: None ABSENT: Francois ABSTAIN: None Chairperson Gibbons advised that this action 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: · Provided an update of the November 6~ Council meeting. A. The General Plan Update was continued to allow staff the opportunity to look further into traffic issues. The Update will tentatively be returned to the Planning Commission at the second meeting in January and to Council in February. B. Paul Del Grande's appeal of the Commission's denial of a Use Permit was continued to November 21, 2000, by Council to allow Mr. Del Grande an opportunity to evaluate whether he was able to comply with the Conditions of Approval, which include a requirement for an environmental assessment, paving and landscaping of the property. Council is considered a limited term Use Permit (two year). Mr. Del Grande will be required to maintain the three properties up to Code, including Water District and Hazardous Materials requirements. C. Council approved the new Research and Development building at 603 Campbell Technology Parkway. · Advised that there are four items on the November 28, 2000, Planning Commission agenda. Commissioner Lowe advised that he will be traveling that week and will miss the Commission meeting. ADJOURNMENT The Planning Commission meeting adjourned at 8:07 p.m. to the Planning Commission meeting of November 28, 2000, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. Planning Commission Minutes of November 14 2000 SUBMITTED BY: APPROVED BY: ,_~ ,.....-.JN Page 7 Hnne A. Shinn, Recording Secretar~ ATTEST: Sharon Fierro, Secretary