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PC Min 11/09/2004 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY NOVEMBER 9, 2004 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of November 9,2004, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Doorley and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: George Doorley Elizabeth Gibbons Tom Francois Joseph D. Hernandez Michael Rocha Bob Roseberry Commissioners Absent: Commissioner: Bob Alderete Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner I: City Attorney Recording Secretary: Sharon Fierro Geoff I. Bradley Tim J. Haley Melinda Denis William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Hernandez, the Planning Commission minutes of October 26, 2004, were approved as submitted (6-0-1; Commissioner Alderete was absent) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. Planning Commission Minutes of November 9,2004 Page 2 ORAL REQUESTS Mr. Gary Townsend, 1350 Peggy Avenue, Campbell: . Advised that he has an application in with the City for an addition to his current residence. . Explained the he was asked today by staff to provide a site drainage plan. . Pointed out that the house behind his raised their site elevation by 18 inches in conjunction with an addition. . Said that the cost for this site drainage plan would be about $10,000. . Reported that every time he meets with the City he is told to hire a professional civil engIneer. . Said that he is looking for suggestions. Commissioner Gibbons asked staff to explain the process. Director Sharon Fierro explained that when a construction permit is sought, a property owner must provide plans that show how water will be diverted from their site onto the street so as not to impact adjacent neighbors. She added this Mr. Townsend's issues are technical ones with the City's Engineering Department. Mr. Gary Townsend said that he is concerned about time impacts with the process. Chair Doorley said all the Commission can do is direct Mr. Townsend to continue to work with staff to resolve these issues. City Attorney William Seligmann said that there are several options for Mr. Townsend. He can work with his adjacent property owner who recently raised his own property by 18 inches. He clarified that the Public Works Department wants each property to be self sufficient in terms of site drainage. Director Sharon Fierro added that staff has been in on-going discussions with Mr. Townsend. He has technical issues that require the services of a Civil Engineer. He is simply in the middle of the process. Commissioner Francois asked staff what Mr. Townsend's options are. Senior Planner Geoff I. Bradley replied that the Public Works Engineer and the applicant's Civil Engineer can work together to reach a solution. Commissioner Gibbons asked that staff be sensitive to Mr. Townsend's scheduling concerns. Director Sharon Fierro replied that this project application is incomplete until the required grading plan is completed. *** Planning Commission Minutes of November 9,2004 Page 3 PUBLIC HEARING Chair Doorley read Agenda Item No.1 into the record. 1 PLN2004-03 Shader, G. Public Hearing to consider the application of Mr. George Shader, on behalf of The King's Head Restaurant, for a Conditional Use Permit (PLN2004-03) to allow live entertainment and late night operational hours in conjunction with an existing restaurant and pub (The King's Head) on property owned by Mr. Jack Jair located at 201 Orchard City Drive in a C-3-S (Central Business District) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tim J. Haley, Associate Planner Mr. GeoffI. Bradley, Senior Planner, presented the staff report as follows: . Advised that the applicant is seeking approval for the Modification to a Use Permit to allow live entertainment and later hours after 11 p.m. for the King's Head Restaurant, located on the north side of Orchard City Drive, between Central Avenue and First Street. . Described the surrounding uses as being commercial to the north, office to the east, commercial to the west and a park to the south. . Explained that in 1997 a Conditional Use Permit was approved to allow the establishment of a restaurant/pub. . Added that the C-3 Zoning District allows limited entertainment by right. More extensive live entertainment requires a Live Entertainment Permit, whereby compatibility can be studied to avoid an over concentration of such uses. . Stated that there are two other Live Entertainment Permits in the Downtown, for Campbell Brewing Company and Gaslighter Theater. . Said that staff is recommending that the live entertainment not start until 9 p.m. so that the live entertainment will not interfere with the restaurant next door. The recommended hours for live entertainment on Sunday are from 7 to 10 p.m. . Reported that the Police Department had no objection. . Said that the applicant is here tonight. Commissioner Francois asked if the live entertainment with the outdoor Sunday brunches is part ofthis approval. Senior Planner Geoff I. Bradley replied yes. The permit would allow live entertainment in the outdoor area from 9 a.m. to 5 p.m. on Sunday. Commissioner Hernandez asked if both Campbell Brewing Company and Gaslighter Theater have hours to 1 a.m. Senior Planner Geoff I. Bradley replied that the Gaslighter has operational hours to midnight and Campbell Brewing to 1 a.m. Commissioner Hernandez asked if there are other businesses with the potential for live entertainment to 11 p.m. Planning Commission Minutes of November 9,2004 Page 4 Senior Planner Geoff I. Bradley replied that any restaurants in the Downtown is allowed to have beer and wine sales and limited live entertainment by right. Commissioner Hernandez asked if a Use Permit is required. Senior Planner Geoff I. Bradley replied that a Use Permit is not required if the use meets the limitations set forth in the Zoning. Commissioner Hernandez asked how many such businesses are in the Downtown. Senior Planner Geoff I. Bradley said that there are approximately 12 restaurants in the Downtown. Chair Doorley asked if the existing use of bands at King's Head conforms to the limitations of the Zoning. Senior Planner Geoff I. Bradley said that the applicant has tried to conform but that the uses have gone over the line thus requiring the processing of this Use Permit. Commissioner Rocha said that he understands that the King's Head will feature Classic Rock bands and would be selling tickets. Senior Planner Geoff I. Bradley reported that the approval of a Use Permit would allow the imposition of a cover charge and ticket sales for the live entertainment. Commissioner Roseberry asked for the capacity of the King's Head Restaurant. Senior Planner Geoff I. Bradley said he would need to verify this in the file. Chair Doorley opened the Public Hearing for Agenda Item No 1. Mr. Pino Spanu, Owner, A Bellagio Restaurant, 33 S. Central Avenue, Campbell: . Explained that if the live entertainment begins too early, it would pose a problem for his restaurant. . Said that starting live entertainment after 10 p.m. would be okay. . Stated that the Sunday hours for live entertainment are too early and that the music is very loud. Commissioner Gibbons asked Mr. Pino Spanu if he has problems with sound levels. Mr. Pino Spanu said that typically problems are worked out directly with King's Head. Commissioner Gibbons asked if the noise problems occur when the windows are opened or closed. Mr. Pino Spanu said that the two businesses have to live together and pointed out that in Italy there are sound level standards for noise. Planning Commission Minutes of November 9,2004 Page 5 Commissioner Rocha asked Mr. Pino Spanu what the dinner hours are at A Bellagio on Fridays and Saturdays. Mr. Pino Spanu replied from 5 p.m. to 10 p.m. They seat customers until 10:30 p.m. in the summer months. Mr. George Shader, Applicant, King's Head, 201 Orchard City Drive, Campbell: . Stated he was available for questions. Commissioner Doorley asked Mr. George Shader what the capacity was for his restaurant. Mr. George Shader replied about 150. Senior Planner Geoff I. Bradley advised that capacity is 125 based upon a seating diagram from when the restaurant was originally established. However, Katie Blooms is a smaller building and has a maximum capacity of 125 too. Commissioner Hernandez asked Mr. George Shader at what time in the past have bands finished their performances. Mr. George Shader replied 1 a.m. and a bit later ifthey do encores. Commissioner Hernandez asked if there is too great an impact if the proposed hours would be limited to midnight or 12:30 a.m. Mr. George Shader said that it would be a bit restrictive and reminded that they are in a commercial area. Said if the Commission's concern is the noise situation with these two back to back restaurants, than the bands can control their volume to alleviate that concern. Chair Doorley said that the neighbor appears to perceives the noise situation differently. Mr. George Shader: . Agreed that their proposed hours for live entertainment are considered too early in the dinner hour for his neighbor. . Pointed out that as a rule there are no bands on Sunday. Rather, Sundays are open mike night but they want the flexibility to have Sunday band performances for those times when traveling groups are in the area with only Sunday dates available for appearance at the King's Head. Commissioner Rocha pointed out that he has noticed that noise seems to come from when the door is left open. He suggested that the doors be left closed when live entertainment is underway. Mr. George Shader said that he works hard to keep the doors closed. Commissioner Rocha said that the reputation of the King's Head ownership is good with the neighbors. He commended Mr. Shader for that fact. He asked if the drinks are served in glassware or plastic containers. Planning Commission Minutes of November 9,2004 Page 6 Mr. George Shader said yes, drinks are served in glassware unless there is a really large event or they run out of clean glassware. He pointed out that patrons cannot leave the restaurant with drinks. Commissioner Gibbons asked for more information about the live entertainment outside in the patio area. Mr. George Shader reported that this entertainment consists of acoustical dinner music and music on Sundays from 1 to 5 p.m. when the weather is good. Chair Doorley closed the Public Hearing for Agenda Item No.1. Commissioner Gibbons: . Said that the issues appear to be acoustics and impacts on the neighborhood and for the neighboring business; hours of operation and the types of activities both in and outdoors. . Said that it appears there is a change in the types of music to be provided. . Stated that the City has a track record in the interest of controlling impacts/ . Said that the proposed hours seem on the high side. . Suggested that the Community Development Director be given the latitude to change the hours for the live entertainment in the event that problems occur. . Said that with proposed hours for live entertainment from 9 p.m. to 12 a.m., Monday to Thursday, with the Director able to reduce to 10 or 11 p.m. with problems. The proposed hours for live entertainment from 8 p.m. to 1 a.m. on Fridays and Saturdays are sufficient with an end time for all activity by 1 :30 a.m. Sunday hours for live entertainment from 7 p.m. to 10 p.m. with a good neighbor policy. Again the Director can reduce the hours for live entertainment if there are noise impact problems. . Stressed the importance of keeping the doors closed to help muffle the sound impacts. . Said that this use might end up with a different crowd and type of entertainment. Commissioner Roseberry: . Said that there are good constraints already within the Conditions of Approval, including limitations on noise and the requirement for a Noise Management Program. . Pointed out a discrepancy between the hours in the report and within the Conditions of Approval. . Said that there are already controls in place. . Stated that he is inclined to approve this request as it is within a commercial district. . Said that it does not appear to involve an over concentration. . Supported the hours as suggested by staff. Commissioner Rocha: . Said that he supports the hours proposed by Commissioner Gibbons and suggested that the morning hours for outdoor live entertainment on Sunday be reduced, perhaps to not before 11 a.m. or noon. . Said that he and his wife occasionally hear music from King's Head from their home on Sunnyside, which is three blocks away. Planning Commission Minutes of November 9, 2004 Page 7 . Suggested that the Planning Commission review this use in 6 months to see if there is compliance with the Conditions of Approval. Commissioner Hernandez asked Commissioner Gibbons if the times she is proposing is for all operations to cease or just the live entertainment. Commissioner Gibbons said that she proposes conclusion times for the music with overall closure to occur thirty minutes thereafter. Pointed out that a new residential condominium project is under construction across the street. Commissioner Hernandez: . Stated that he is concerned about the potential for over concentration, cautioning about the previous conditions of the old Downtown Campbell. . Said he is inclined to trim back the hours. . Expressed support for the six month review. Chair Doorley: . Said that he is more concerned regarding the start versus conclusion times for live entertainment. Later start times would allow the adjacent restaurant to operate during their dinner hours without adverse impacts. . Suggested that the live entertainment not begin before 9 p.m. from Thursday through Saturday. . Added that he is less concerned with closing time. . Said that it is logical to have a six month review to see how this use is working. . Said that the conditions make it viable for this restaurant to book bands. Commissioner Gibbons said that it seems fine with her, adding that there has been good luck with allowing the Community Development Director to immediately revoke hours back to normal in the event that there are substantiated complaints. Suggested this provision be added to the Conditions of Approval. Director Sharon Fierro said that there is a standard condition regarding noise control. The Director can prohibit the live entertainment subject to further review of the Use Permit provisions by the Planning Commission. Commissioner Francois concurred, saying that the Director has the vehicle to mitigate noise problems and hours of operation. Asked if there have been any complaints received about the live entertainment at King's Head to date. Senior Planner Geoff I. Bradley said he was not aware of any outside of the adjacent restaurant owner. The local residents usually approach the King's Head directly to work issues out. Commissioner Francois said he concurred with Commissioner Roseberry. Commissioner Gibbons asked staff to clarify that there are existing conditions in place to deal with problems. Planning Commission Minutes of November 9,2004 Page 8 Director Sharon Fierro replied yes. problems. There are standard conditions in place to deal with Commissioner Francois asked if complaints must be received. Director Sharon Fierro said that her enforcement ability is limited to noise caused by live entertainment and not noise from clean up activities. Enforcement can occur for issues caused by setup, playing and shut down of the live entertainment. Noise issues after that are covered by the late hour permit for the restaurant. City Attorney William Seligmann suggested changing the language on Condition No.4 from "generated by" to "associated with." Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Francois, the Planning Commission considered the approval a Conditional Use Permit (PLN2004-03) to allow live entertainment and late night operational hours in conjunction with an existing restaurant and pub (The King's Head) on property owned by Mr. Jack Jair located at 201 Orchard City with modification to Condition 4 changing "generated by" to "associated with" and allowing start time for live entertainment on Thursday, Friday and Saturday at 9 p.m. and adding both a six-month and one-year review of the use. Commissioner Gibbons pointed out that the hours for live entertainment on Monday, Tuesday and Wednesday appears to exceed their existing allowable operational hours under the original Conditional Use Permit. This motion was withdrawn to allow additional discussion and revision to the motion. Commissioner Gibbons suggested extending the allowable overall operational hours on Mondays, Tuesdays and Wednesdays from midnight to 1 a.m., to 2 a.m. on Thursdays, Fridays and Saturdays and until midnight on Sundays. Commissioner Roseberry clarified that it appears that the change in overall operational hours from midnight to 1 a.m. on Mondays, Tuesdays and Wednesdays are the only necessary changes to existing overall operational hours. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3605 approving a Conditional Use Permit (PLN2004-03) to allow live entertainment and late night operational hours in conjunction with an existing restaurant and pub (The King's Head) on property owned by Mr. Jack Jair located at 201 Orchard City, with the amendment in language to Condition 4 and amending the overall operational hours to 1 a.m. on Mondays, Tuesdays and Wednesdays, by the following roll call vote: AYES: Doorley Francois, Gibbons and Roseberry NOES: Hernandez and Rocha ABSENT: Alderete ABSTAIN: None Planning Commission Minutes of November 9,2004 Page 9 Chair Doorley advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Doorley read Agenda Item No.2 into the record. 2. PLN2004-143 Jeffery, S. Public Hearing to consider the application of Ms. Sharon Jeffery for a Conditional Use Permit (PLN2004-143) to allow the establishment of a day spa with massage services (La Spa Bella Derma) on property owned by Mr. Mark Stevensen located at 35 S. First Street in the C-3-S (Central Business District) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Melinda Denis, Planner I Ms. Melinda Denis, Planner I, presented the staff report as follows: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a day spa within an existing building, located Downtown on the left side of South First Street, between Campbell Avenue and Orchard City Drive. . Reported that the site was developed for residential uses and had two small tenant spaces. The south side of the building was converted to commercial use and the property owner now seeks to change the use from residential to commercial on the north side of the building. . Stated that this proposed use is consistent with the C-3 Zoning with the issuance of a Use Permit. . Stated that the day spa will offer a full range of esthetician services as well as massage services. There will be from one to three employees. . Said that there is no ability to provide additional off-street parking spaces. There are two spaces provided and 1.7 spaces are required under the parking ratio. Therefore, no off- street parking spaces are required. . Recommended approval. . Said that the property owner and applicant are available this evening. Chair Doorley opened the Public Hearing for Agenda Item No 2. Chair Doorley closed the Public Hearing for Agenda Item No.2. Commissioner Rocha asked if this change of a residential use into commercial use could be reversed back to residential in the future. Senior Planner Geoff I. Bradley replied that the residential use was a legal non-conforming situation. Once it is changed to commercial, it would not be possible to go back to residential unless a Zone Change was to occur. Planning Commission Minutes of November 9, 2004 Page 10 Commissioner Gibbons said that she recently met a previous resident of this site who had left this location due to noise impacts. Stated that this change of use sounds like a good idea. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3606 approving a Conditional Use Permit (PLN2004-143) to allow the establishment of a day spa with massage services (La Spa Bella Derma) on property owned by Mr. Mark Stevensen located at 35 S. First Street and found this project to be Categorically Exempt under CEQA by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: Alderete ABSTAIN: None Chair Doorley advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Doorley read Agenda Item No.3 into the record. 3. Public Hearing to consider the application of Ms. Holly Hartman, on behalf of Mr. Joseph Moore, for a Planned Development Permit (PLN2004-105) to allow the construction of a new two-story single- family residence on property owned by Mr. Joseph Moore located at 90 N. Second Street in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: January 4,2005. Project Planner: Melinda Denis, Planner I PLN2004-105 Hartman, H. Ms. Melinda Denis, Planner I, presented the staff report as follows: . Advised that the applicant is requesting a continuance to the December 14,2004, meeting to allow time to revise drawings to reflect SARC recommendations. Chair Doorley opened the Public Hearing for Agenda Item No 3. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Gibbons, the Planning Commission continued to its meeting of December 14, 2004, consideration of a Planned Development Permit (PLN2004-105) to allow the construction of a new two-story single-family residence on property owned by Mr. Joseph Moore located at 90 N. Second Street. (6-0- 1; Commissioner Alderete was absent) *** Chair Doorley read Agenda Item No.4 into the record. Planning Commission Minutes of November 9, 2004 Page 11 Commissioner Rocha advised that he would need to recuse himself as he resides within 500 feet of this project site. He left the dais and Council Chambers for the duration of this Public Hearing. 4. PLN2004-45 Marcelic, B. Public Hearing to consider the application of Mr. Bruno Marcelic, on behalf of Cullen DeMattei Development, Inc., for a Planned Development Permit (PLN2004-45) to allow the construction of eight small-lot single-family homes; a Tentative Subdivision Map (PLN2004-046); and a Tree Removal Permit (PLN2004-47) to remove seven protected trees on property owned by Cullen DeMattei Development, Inc., located at 121-133 Kennedy Avenue in a P-D (Planned Development) Zoning District. A Mitigated Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: January 4, 2005. Project Planner: Melinda Denis, Planner I Ms. Melinda Denis, Planner I, presented the staff report as follows: . Reported that the applicant is seeking approval of a Planned Development Permit, Tentative Subdivision Map and Tree Removal Permit for property located at 121-133 Kennedy A venue, on the northeast corner of Industrial and Kennedy. . Described surrounding uses as single family residential to the north and west, light industrial to the east and a school and commercial uses to the south. . Stated that the allowable density for the parcel is 14-20 units per gross acre and the proposed development is at 10.95 units per gross acre. The site is zoned Planned Development. . Said that the 8 detached small lot single-family homes are consistent this zoning with approval of a Planned Development Permit. . Described the architectural style as Craftsman with varying elements and a different color scheme for each structure. . Said that 24 parking spaces would be provided or three per unit. Eight uncovered spaces would be provided for guest parking. The parking ratios for condominiums/townhomes is 3.5 spaces for unit. The parking ratio for single-family residences is 2 spaces per residence. . Stated that the Tentative Subdivision Map would create eight residential lots with joint easements over the driveway for ingress and egress. Staff is not supportive of this Subdivision Map without inclusion of a common lot for the shared driveway. . Reported that a final landscape plan has been conditioned. . Advised that 7 protected trees would be removed and 13 new trees are proposed in replacement. . Pointed out an error in her staff report and clarified that the Park Fee is actually $7,035 per unit. . Recommended approval and reported that the architect and property owners are present this evenIng. Commissioner Gibbons provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on October 26, 2004, and made recommendations that included a request for a colored streetscape elevation; the discussion that zero lot lines were not desirable; the request for a comparison between the site and landscape plans to ensure Planning Commission Minutes of November 9,2004 Page 12 compatibility; the request for simplified materials and a request for a revised elevation for one of the units. Commissioner Gibbons asked staff to delineate the eight on-site visitors' parking spaces. Planner Melinda Denis pointed out the spaces per Sheet A-2.2. Commissioner Gibbons asked staff to discuss whether the requests made by SARC have been implemented. Planner Melinda Denis reported that the requested streetscape has been displayed this evening. The zero lot line issue can be reviewed by looking at the Tentative Map. The site and landscape plans were compared for compatibility. The simplifying of materials was done and the revised elevation for Unit 1 was done. Commissioner Gibbons pointed out that it was hard to read the materials originally. Chair Doorley asked staff to compare the parking for Ainsley Square and the Gilman Avenue Project. Planner Melinda Denis explained that the parking provided for Ainsley Square was 2.4 spaces per unit. She did not have the details for the Gilman Project. However, the Orchard Grove project, which is adjacent to Ainsley Square, provided 2.8 spaces per unit. Chair Doorley opened the Public Hearing for Agenda Item No 4. Mr. Tom Black, 128 Sunnyside Avenue, Campbell: . Said that his home is directly behind units 6 and 7 of this project. . Stated that staff and the Planning Department has done a good job with this project but that he had a couple of issues he would like the Commission to take into consideration. . Reported that parking is a problem in this area and that the project is providing eight non- covered parking spaces for this site. . Said that they used to get Kennedy Avenue's commercial parking over on Sunnyside. . Asked that something be done to ensure that the garages remain available for parking. . Expressed concern for the placement of the fencing along Industrial and that being six feet high at the sidewalk. This gives the impression of being confined when passing by as a pedestrian. . Said that his home is directly behind two of this project's largest units. Two large windows in Unit 6 would look into his bedroom. . Suggested that obscured glass be considered. . Expressed concern that trees that are required to be planted may in the future be cut down. . Recommended that larger and faster growing trees be planted to help buffer. . Asked that the shed on the property has a collapsing roof and should be immediately torn down. Chair Doorley asked staff for feedback on trees. Planning Commission Minutes of November 9, 2004 Page 13 Planner Melinda Denis said that the approved landscape plan would protect these newly planted trees. They are part ofthe overall approved project and must be retained. Chair Doorley asked about the request for the windows on Unit 6. Planner Melinda Denis said that this issue should be discussed with the developer, who may be opposed to the use of frosted glass. Pointed out that there are other existing homes in the area with large windows. Mr. Kris Moe, 148 Sunnyside Avenue, Campbell: . Said that he lives on the other side of the fence from the project, two doors down from Tom Black. . Explained that his home receives most of its natural light from the back of the house. . Said he is concerned about the loss of this natural light if the homes constructed behind him are too tall. . Stated his concern about construction scheduling although this developer has a good reputation. Chair Doorley closed t Commissioner Hernandez asked Mr. Moe for the distance between his house and the property line. Mr. Kris Moe replied 15 feet to the back fence and the 10 foot width ofthe alleyway for a total of25 feet. Commissioner Gibbons clarified that Mr. Moe's concern is loss of sunlight and it appears the unit behind him is 27 feet high. Planner Melinda Denis: . Corrected that Mr. Moe is impacted by Unit 8, which has a shorter height that is 19 feet, 6 inches at the gable/dormer window height. . Reported that the standard allowable construction hours are from 8 a.m. to 5 p.m., Monday to Friday, from 9 a.m. to 4 p.m. on Saturdays. . Suggested that problems occurring outside of normal business hours be forwarded to the Police Department, who is aware of allowable construction hours and can shut down construction, and during business hours to the Building Division. Commissioner Roseberry added that there are no construction hours permitted on Sundays and Holidays. Mr. Robert Cullen, Property Owner and Applicant: . Thanked staff for their efforts, saying that they had been treated extremely well by staff. . Said that project architect, Bruno Marcelic, has designed a fantastic project and DeMattei Construction will build a terrific project. . Stated that this is their first project in Campbell . Said that they have just one issue with the conditions imposed. The requirement for the creation of a common lot for the shared driveway. Planning Commission Minutes of November 9,2004 Page 14 . Said that he cannot understand the City's requirement as having this shared lot requires the establishment of a formal Homeowners Association. Most people would not want to be a part of an HOA that serves just eight units. Expressed his preference for an Informal Community Maintenance Group as all units are separately owned. The only thing requiring shared maintenance is the driveway. Assured that CC&Rs would be drafted. Reiterated that the requirement for the common lot and corresponding HOA is the only aspect of the project for which they disagree with staffs recommendation. Said that they can comply with the Conditions A-G with the establishment of an Informal Community Maintenance Group. Homeowners Associations are intended for larger development projects and create legal and tax issues, including the requirement to file annual tax returns. There are fewer requirements with an Informal Community Maintenance Group Added that the cost to establish an HOA is approximately $7,500 versus about $4,500 to establish an Informal Community Maintenance Group. Monthly dues would be approximately $80 per month for an HOA and approximately $45 per month for an Informal Community Maintenance Group. Additionally there is a $15,000 to $20,000 cost to process a Department of Real Estate application, which is required when establishing an HOA instead of relying on CC&Rs. . . . . . Chair Doorley asked how Conditions A to G can be enforced without an HOA. Mr. Robert Cullen replied that there is no difference between an HOA and an Informal Community Maintenance Group. There is the same right to sue. Chair Doorley pointed out that having to sue pits neighbor against neighbor and becomes a civil matter. Mr. Robert Cullen: . Replied that all rights are the same. There is no difference between an HOA and Informal Community Maintenance Group. Both are bound by the same CC&Rs. . Stated that an HOA is not warranted in an eight unit development and costs $20,000 to establish. . Stated that most homeowners don't want to participate in an HOA, which is a marketing issue for the project. A project with an HOA is less marketable than one without an HOA. Commissioner Hernandez disagreed, saying the results are the same and it appears the issue for the developer just boils down to cost. Mr. Robert Cullen said this issue is cost. Cost to him and cost to the future homeowners. However, the issue is not just cost. It's what their clients want, a beautiful home without a HOA. Commissioner Hernandez pointed out that a having a project without an HOA represents more of a single-family home development as opposed to a Planned Development. Mr. Robert Cullen said that this is a single-family home development with a shared driveway. Planning Commission Minutes of November 9, 2004 Page 15 Commissioner Hernandez replied that it is a small lot development on a Planned Development zoned parcel. Mr. Robert Cullen said he loves everything else asked of them and they are prepared to comply. The only exception they seek to the imposed conditions is that the requirement for a formal HOA be eliminated, which offers a better product to their clients. Chair Doorley closed the Public Hearing for Agenda Item No.4. Commissioner Hernandez asked staff to comment on the issue of requiring an HOA. Director Sharon Fierro: . Said that a residential PD project has never been approved in Campbell without an HOA. It has not been tried before. . Reported that the City receives many complaints with multi-owned projects. An HOA has the ability to place a lien on a property and handles liability issues. . Reminded that this is a tight site plan and issues such as illegal parking and blocking access must be dealt with by an HOA. Townhomes are unique projects with close living quarters and little open space. . Expressed concerned that approving this project without an HOA would set a precedent. Other applicants have asked. . Added that having such a development without an HOA is not allowed under the Subdivision Ordinance. To have a project without an HOA, each lot must be fronted on a public street. In this case, this requirement would not be met. City Attorney William Seligmann advised that a common driveway is allowed in a PD. Senior Planner Geoff I. Bradley reported that common lot projects are reviewed by the Department of Real Estate to make sure the HOA is fully funded and ready to operate. The City looks at CC&Rs for compliance with the City's Conditions of Approval. Director Sharon Fierro pointed out that the Department of Real Estate also projects future costs and sets dues. They provide a high level of scrutiny. The developer puts in an amount to start off the HOA and dues are collected on top of that. City Attorney William Seligmann agreed with Director Sharon Fierro that there appears to be a Code provision requiring an HOA, Section 20. 16.035(h) that "shall establish a property owner association. . ." Commissioner Roseberry: . Said that it does not appear that there is a compelling argument one way or the other and asked if this is a deal breaker issue with the developer? . Stated that it looks as if the cost is not enough to break this deal. . Stated he is confused and is looking for something that closes the deal for him on this issue of an HOA. Commissioner Gibbons: . Said that the issue is fairly clear. Planning Commission Minutes of November 9, 2004 Page 16 . Pointed out that since there are shared underground utility lines, if problems arise there is potential for conflict and responsibility for repairs should be shared and not held by just one owner. Said that there have been complaints in the past and that City has had to spend time resolving issues. On-site maintenance issues are a job for an HOA to resolve, not the City. . Commissioner Hernandez: . Stated that there is something to be said for having the formality of an HOA. . Agreed that the issues of maintenance for the shared driveway and landscaping must be considered. . Said that while the concept of the more Informal Community Maintenance Group sounds good, it loses the punch of a more formal HOA. . Pointed out that when an HOA is established, it is funded to deal with long term affairs. . Added that while it may be more expensive, it is a cost for creating this type of development. Commissioner Roseberry cautioned that the issue of the HOA is not the only issue to discuss for this project. Chair Doorley: . Said there are concerns when increasing the density of an area of the City. . Added that when the density is increased, it is important to take the necessary steps to ensure that there are mechanisms in place to keep this more dense community polished and livable. . Pointed out that Shelly Avenue, developed with several higher density projects, is still a nice street. There are HOAs for each project there, small and large. Commissioner Francois said that the City Attorney has stated the Ordinance requirements pretty well. City Attorney William Seligmann said that there is not a specific definition of HOA in the Code. Commissioner Francois pointed out that if the Commission forwards a recommendation of approval with the requirement of an HOA, the applicant can appeal that requirement to Council. Commissioner Roseberry reminded of another project that had an HOA but it was not active and was therefore toothless. Director Sharon Fierro said that this project is the Bracebridge project that consists of attached duets. Commissioner Roseberry asked if that project had an HOA. Senior Planner Geoff I. Bradley replied that it had CC&Rs. Commissioner Gibbons: Planning Commission Minutes of November 9,2004 Page 17 . Pointed out that there are many older neighborhoods with covenants that are no longer enforceable. . Said that it discussing the design, the applicant has done a nice job of trying to find a street presence. However, Unit 6 fronts off the driveway. She suggested that the textured paving go all away across the garage areas. . Suggested that larger trees be placed along the property line at the alley. . Pointed out that the site clean is a requirement. . Suggested inclusion of soundproofing for Units 4 and 8, which are adjacent to commercial uses. . Pointed out that the drainage trenches are not depicted on the driveway plan. Senior Planner Geoff I. Bradley asked if Commissioner Gibbons is speaking of the valley gutters. Commissioner Gibbons replied yes. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission took the following actions: . Adopted Resolution No. 3607 recommending adoption of a Mitigated Negative Declaration; . Adopted Resolution No. 3608 recommending approval of a Planned Development Permit (PLN2004-45) to allow the construction of eight small-lot single-family homes with the requirement to establish an HOA, provide soundproofing for Units 4 and 8; requiring the expansion of the decorative paving of the driveway, revise the valley gutters, include larger trees along the alley properties and relocation of the tree along Industrial and allowing fencing to be located at 1 foot, 6 inches from the property line along Industrial instead of the required 5 feet; . Adopted Resolution No. 3609 recommending approval of a Tentative Subdivision Map (PLN2004-046) with the requirement for an HOA; . Adopted Resolution No. 3610 recommending approval of a Tree Removal Permit (PLN2004-47) to remove seven protected trees on property owned by Cullen DeMattei Development, Inc., located at 121- 133 Kennedy Avenue, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez and Roseberry NOES: None ABSENT: Alderete ABSTAIN: Rocha Chair Doorley advised that this item would be considered by the City Council for final action at its meeting of January 4,2005. *** Chair Doorley read Agenda Item No.5 into the record. Planning Commission Minutes of November 9,2004 Page 18 5. PLN2004-105 Fernandes, L. Continued Public Hearing (from the Planning Commission meeting of October 26, 2004) to consider the application of Mr. Larry Fernandes, on behalf of the Fernandes Family Trust, for a Modification (PLN2004-105) to a previously approved Site and Architectural Review Permit to allow interior improvements to an existing office building on property owned by the Fernandes Family Trust located at 2110 S. Bascom Avenue in a C-2-S (General Commercial) Zoning district. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Project Planner: Melinda Denis, Planner I Chair Doorley opened the Public Hearing for Agenda Item No 5. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Francois, the Planning Commission continued to its meeting of December 14, 2004, the Modification (PLN2004-105) to a previously approved Site and Architectural Review Permit to allow interior improvements to an existing office building on property owned by the Fernandes Family Trust located at 2110 S. Bascom Avenue. (6-0-1; Commissioner Alderete was absent) *** MISCELLANEOUS 6. Cancellation of November 23, 2004, Planning Commission Meeting. Motion: The Commission cancelled the Regular Planning Commission Meeting of November 23, 2004. *** Commissioner Gibbons suggested a new standard condition be developed to allow the Community Development Director to file a Code Enforcement action if construction hours are not complied with. Director Sharon Fierro suggested it might work best to require applicants to post their construction site with the construction hour regulations and provide a contact number for infractions. She said that she would explore options with City Attorney William Seligmann. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: . Wished the Commission a Happy Thanksgiving. Commissioner Francois asked if the Kohl's deal is dead. Planning Commission Minutes of November 9,2004 Page 19 Director Sharon Fierro advised that the project has been complicated by Breuners bankruptcy. There is still activity as far as getting a second tenant but it is hard to close the deal right now with the bankruptcy in progress. ADJOURNMENT The Planning Commission meeting adjourned at 10 p.m. to Commission Meeting of December 14, 2004. SUBMITTED BY: c~ the next Regular Planning APPROVED BY: :::;¿~- ATTEST: / A~ --Sfiaron Fierro, Secretary