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PC Min 12/14/2004 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY DECEMBER 14,2004 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of December 14,2004, 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 Bob Alderete Tom Francois Michael Rocha Bob Roseberry Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Planner I: Planner I: City Attorney Recording Secretary: Sharon Fierro Geoff I. Bradley Stephanie Willsey Melinda Denis William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Gibbons, the Planning Commission minutes of November 9, 2004, were approved with a correction to page 17. (5-0-0-1; Commissioner Alderete abstained) COMMUNICATIONS 1. Item for Agenda Item No.6. Planning Commission Minutes of December 14, 2004 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Chair Doorley advised that the applicant for Agenda Item No.5 has asked to be heard first due to a time constraint this evening. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Alderete, the Planning Commission agreed to hear Agenda Item No.5 as its first item this evening. (6-0) ORAL REQUESTS There were no oral requests. *** PUBLIC HEARING 5 PLN2004-154 Morelan Associates Public Hearing to consider the application of Morelan Associates, on behalf of KAJ, LLC, for a Conditional Use Permit (PLN2004- 154) to allow wholesale/retail auto sales within an existing warehouse/industrial building on property owned by KAJ, LLC, located at 161 Curtner Avenue in an M-1-S (Light Industrial) 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 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 motor vehicle sales within an existing building located on the north side of Curtner Avenue at McGlincy Lane. . Described the surrounding uses as industrial to the north, east and west and multi-tenant commercial to the south. . Said that the General Plan Land Use designation is Light Industrial and the Zoning is M-1- S (Light Industrial). . Said that this request for wholesale/retail auto sales is consistent with the Zoning and General Plan with the issuance of a Conditional Use Permit. . Explained that this business is currently operated ITom 525 Forman Drive. The use will be conducted entirely within the building on this site. No repair or maintenance of vehicles will occur on site. There will be two full-time employees. . Reported that 19 parking spaces are provided on site. The Parking Ordinance requires one space per employee, which in this case would result in two spaces. Additionally, one space must be provided for every 200 square feet of space, which results in a requirement of 14 spaces. Therefore, the parking demand totals 16 spaces with the provision of 19 exceeding that requirement. . Said that there are only minor modifications to the architecture including a paint color change. . Recommended approval and advised that both the applicant and business owner are available for questions. Planning Commission Minutes of December 14, 2004 Page 3 Commissioner Gibbons provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on November 30, 2004, and was supportive due to the unique character of this businesses operation. Chair Doorley opened the Public Hearing for Agenda Item No 5. Chair Doorley closed the Public Hearing for Agenda Item No.5. Upon motion of Commissioner Francois, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3611 granting a Conditional Use Permit (PLN2004-154) to allow wholesale/retail auto sales within an existing warehouse/industrial building on property owned by KAJ, LLC, located at 161 Curtner Avenue, and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Motion: Chair Doorley advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Commissioner Gibbons explained that she would need to recuse herself from participation on Agenda Item No.1 as she has an employment conflict. She left the dais and the Council Chambers for this hearing. Chair Doorley read Agenda Item No.1 into the record. 1 PLN2004-169 (Annexation) PLN2004- 70 (PD) PLN2004- 71 (TRP) PLN2004- 72 (TS) Ward, S. Continued Public Hearing (ftom the Planning Commission meeting of October 26, 2004) to consider the application of Mr. Scott Ward, on behalf of Classic Communities, Inc., for an Annexation (PLN2004-169) of approximately 16.902 acres, including the subject properties and adjacent roadways, a Planned Development Permit (PLN2004- 70) to allow the construction of 24 new single family residences; a Tree Removal Permit (PLN2004- 71) to allow the removal of 13 protected trees; and a Tentative Subdivision Map (PLN2004- 72) to subdivide the project site on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust and the State of California, located at 16201 & 16239 E. Mozart Avenue in an R-1-6 (Single Family Residential) Zoning District. A Mitigated Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: January 4, 2005. Project Planner: Stephanie Willsey, Planner I Planning Commission Minutes of December 14, 2004 Page 4 Ms. Stephanie Willsey, Planner I, presented the staff report as follows: . Advised that the applicant is seeking approval for the development of an unincorporated pocket, near Bascom and Highway 17. Four parcels, consisting of 3.9 acres, would be developed at a proposed density of 5.7 units per gross acre. The General Plan Land Use designation for the site is Low-Density Residential. . Stated that the site received Pre-Zoning Classification for Planned Development. . Explained that the proposed project consists of 24 single-family residences on individual lots with one common lot. There are three separate floor plans with three elevations for Plan 1, two elevations for Plan 2 and one elevation for Plan 3. Twenty-three homes would be accessed from Mozart Avenue and the 24th home ITom Kilmer Avenue. A lO-foot wide public access sidewalk would be provided to the Trail Access. . Stated that 13 protected trees would be removed and replaced along with additional trees. . Informed that 48 covered garage spaces and 48 driveway spaces are proposed along with on-street parking on the private drive for 19 vehicles. The required parking provision is 3.5 spaces per unit and 4.8 spaces per unit are proposed. . Said that Fehr & Peers prepared a Traffic Report. The finding was that this project would not result in significant traffic impacts. . Advised that overall 16.9 acres are to be annexed. . Recommended that the Planning Commission recommend that Council approve this project, subject to findings and conditions of approval. . Informed that the applicant is available for questions. Commissioner Roseberry presented the Site and Architectural Review Committee report as follows: . SARC reviewed this proposal several times, including a Study Session. . Stated that the comments made have been addressed and that SARC was supportive of the project as proposed at the last SARC meeting. Chair Doorley opened the Public Hearing for Agenda Item No 1. Mr. Scott Ward, Applicant, Classic Communities: . Urged the Commission to approval this project, stating that this is a high-quality new community for this site that would add value to this neighborhood. . Thanked the Commission for its support of the Planned Development Pre-Zoning, which Council has approved. . Stated that this project is consistent with the City's General Plan and that a number of modifications have been made in response to staff review and Study Session comments. . Pointed out that they are providing more open space and more parking than required and providing less floor area than the maximum allowed. . Compared this project to the recent Chamberlin project, with a similar streetscape but said that the building setbacks are larger with this project. . Assured that this development would establish an outstanding model for development in this neighborhood. . Stated that the pedestrian/bicycle pathway would serve a public benefit but that the sharing of rights and responsibilities for maintenance has not yet been finalized. . Recommended that Condition #47 be modified by striking the second sentence. Planning Commission Minutes of December 14,2004 Page 5 . Said that Classic Communities met with residents of Kilmer and Longfellow Avenues. Said that since the Council approved the Pre-Zoning Classification, alternative circulation plans were explored per Council's recommendation. One alternative was developed that would provide a one-way exiting access to Kilmer Avenue. This access would be gated and could only be used to exit onto Kilmer. Ingress to the development would only occur ITom Mozart. Stated that this alternate proposal was analyzed by the Traffic Consultants who found that there is no need to pursue this alternative. Asked that the Commission adopt staffs recommendation to approve this project. . . . Chair Doorley asked Mr. Scott Ward to elaborate on this proposal. Commissioner Alderete asked who could address the conclusions reached in the Traffic Report. Would it be Mr. Ward or a representative ITom Fehr & Peers? Mr. Scott Ward said that the Traffic Engineer ITom Fehr & Peers is available. He added that the project would result in traffic conditions that are consistent with safe speeds. No turning movements would be negatively impacted by this project. Mozart is functioning at reasonable levels today. Commissioner Alderete asked for what period the Traffic Study was done. Mr. Norman Wong, Traffic Consultant, Fehr & Peers, replied that the Study was done for the morning commute (7 to 9 a.m.) and evening commute (4 to 6 p.m.) on November 16th. Commissioner Alderete clarified that the study was conducted on one day only. Mr. Norman Wong replied yes. Commissioner Alderete restated that the traffic study's conclusions appear to be that the existing vehicular speeds are satisfactory and that no traffic calming measures are required. He pointed out that these 24 new residences equal to about 50 additional vehicles to this street, which is quite a bit more traffic. He asked if traffic calming might not be appropriate as opposed to waiting until there is a problem and then addressing that problem. Mr. Norman Wong advised that there would be an addition of less than 20 peak trips in the a.m. or p.m. with this development. Mozart is a two-lane roadway that is not very wide and the speed is not high. Based on the survey, approximately 85 percent of the traffic travels at 25 miles per hour, which is appropriate for the residential street. Commissioner Alderete said that these 24 new homes could result in 24 SUVs and 12 mini- vans. Would this not make this narrow street less safe. This could be dangerous and requires foresight. How is the Traffic Engineer rationalizing that? Mr. Norman Wong said that he rationalizes this due to the physical appearance of the street and said that calming measures such as speed humps could be incorporate should there be problems in the future. Planning Commission Minutes of December 14, 2004 Page 6 Mr. James Richards, 108 Kilmer Avenue: . Stated that he is the most affected and most surrounded by this project. . Said that the Whiteoaks Neighborhood met a week ago. . Said that there is no negative response to adding this project to the area but that there are two concerns. . Encouraged the Planning Commission to regain access to the over crossing right away, perhaps by channeling or re-routing the recently installed fence. . Stressed his opposition to the discussed one-way road leading from this development onto Kilmer Avenue. He questioned the safety of such an exit adjacent to a bicycle/pedestrian path and who would take care of this gate. He also mentioned that there is potential for the nearby office building traffic to take advantage of using this one-way road. . Said of these two concerns are addressed, he would be pleased as punch to see this development constructed. Mr. Brian Stallard, 1124 Holmes Avenue: . Expressed his shock at the recent loss of a perceived public easement a couple of weeks ago. . Stated that this pathway is vital to the mental well-being and happiness of local residents and is part of the benefit and rights of living in this area and part of his physical conditioning as he bicycles and runs. . Said that this easement was switched off without prior notice. Mr. Patrick King, 168 Kilmer Avenue: . Stated that he agrees with the previous speakers. . Identified himself as a two-year resident of this neighborhood, where he purchased a home at the end of the street that is a quiet cul-de-sac. . Explained that his young daughter is able to walk to his place of employment, the Los Gatos Racquet Club, which is located near his home, using this access. Additionally, they use this access to walk their dog into the park. . Expressed concern over the loss of this access. . Pointed out that a number of people walk along this path and said that Bascom Avenue is not a good route to reach the Creek Trail due to traffic concerns. Mr. Jeff Dick, 1178 Emerson Avenue: . Said that four streets would be adversely impacted by a new exit access onto Kilmer Avenue. . Said he has worked in Public Safety for 25 years. . Pointed out that 24 homes would result in about 48 additional vehicles to the area, which could result in traffic onto their quieter streets. . Stated that it should be made clear to the buyers of these 24 new homes that access would be only ITom Mozart and out onto Bascom Avenue. . Suggested that calming devices could be put into place in advance. . Expressed concern about safety of people accessing the Trail if there should also be this exit onto Kilmer. Planning Commission Minutes of December 14,2004 Page 7 Mr. Brian Hogan, 1195 Emerson Avenue: . Said he is a six-year resident of this neighborhood, which he found when he and his wife visited the area on bicycle while accessing the Trail. . Said he has three and five-year old children and that his family can no longer access the Trail since the access was recently blocked off. . Stated that he is in favor of this development with two conditions. First, providing access to the Trail even during construction. Second, deleting any idea of having an exit from the development onto Kilmer Avenue, as it would not be in keeping with the neighborhood. Mr. Robert Wallbrinck, 1191 Holmes Avenue: . Expressed his agreement. . Said he too is in favor of this development but that his major concern is the proposed egress onto Kilmer Avenue. . Added that Holmes would be the most impacted, more so than Kilmer and Longfellow. . Stressed he does not want this egress incorporated into the development. Ms. Nancy Wallbrinck, 1191 Holmes Avenue: . Said that those leaving Mozart must make u-turns once on Bascom. . Said that having an exit onto Kilmer would be inconvenient to the local residents. . Asked which trees were slated for removal and pointed out that larger trees can help obscure sound and that it would be nice if there were not torn down. . Said that the Trail access is blocked off now and that lots of children come across Bascom Avenue, at a crosswalk, to access fishing at the percolation ponds. Mr. Mitch Vierra, 1181 Holmes Avenue: . Said that closing off the access to the Trail shows disrespect. . Objected to the proposal of a one-way road leading onto Kilmer Avenue. . Said he is a 17 year resident of this neighborhood and that today there are about 33 kids living along Holmes Avenue. Additions to traffic would increase speed on their street and the commercial building tenants might end up using this one way exit. . Pointed out that this is currently a nice secluded area. Chair Doorley assured those in the audience that the point has been well made about the lack of support for the one-way exit ITom the development onto Kilmer Avenue as well as the desire to re-establish the access to the Trail as soon as possible. Ms. Dawn Suiter, 1157 Emerson Avenue: . Said she supports her neighbors' comments. . Said that Kilmer ends in a nice large cul-de-sac that has additional homes planned. Too much development could create traffic congestion. Ms. Ellie Mong, 118 Kilmer Avenue: . Said that most of her concerns have been addressed. . Stated that her home has been in the family for 40 years and that she wants to raise her children in a safe area. Currently, only two streets access the White Oaks Manor area, Woodard and Browning. Planning Commission Minutes of December 14,2004 Page 8 . Said that this is a safe neighborhood with lots of young children. Twins were recently born across the street. They too will be running around the neighborhood in a few years. Said that having a gate at this proposed exit access would be noisy and inconvenient. Suggested that it would be arrogant to use their street to provide exiting for these homes when their children are there playing. Said that these homes would be located directly behind her home and that she hopes that the trees that provide screening for her property will be retained. Expressed concern that the privacy of her pool be maintained, where her daughters spend a lot of time. Questioned who would advocate for these trees and their preservation. . . . . . Mr. Tom Visher, 1166 Holmes Avenue: . Stated that he moved to this area for its quiet. . Asked if there is a plan for construction traffic since construction could take about 1.5 to 3 years. Chair Doorley said that there are standard construction hours. Senior Planner Geoff I. Bradley: . Advised that the applicant would be required to prepare a Construction Traffic Management Plan that is approved by the City's Traffic Engineer. There would be an approved truck route, which would be Mozart for all but one of the units. That unit would have access from Kilmer. . Informed that the allowable construction hours are ITom 8 a.m. to 5 p.m. on weekdays and ITom 9 a.m. to 4 p.m. on Saturdays. No construction is permitted on Sundays and Holidays. Chair Doorley said that variations ITom that schedule can be reported to the Planning Department during office hours and to the Police Department after hours. Mr. Tom Visher said that he too is against any egress ITom this development onto Kilmer Avenue. Chair Doorley closed the Public Hearing for Agenda Item No.1. Commissioner Roseberry: . Said that it is clear that we are almost there with this project. The people ITom the neighborhood have spoken. . Added that it appears there are two deal breakers as far as neighbor support. One is the desire to have the pathway reopened to allow access to the Trail. The second is the clear opposition to an egress access onto Kilmer Avenue. Senior Planner Geoff I. Bradley: . Clarified that the actual development proposal does not include this access to Kilmer Avenue. Only one house ITom this development will access Kilmer. Planning Commission Minutes of December 14, 2004 Page 9 . Advised that this option was simply investigated as part of the traffic analysis to see if it could minimize impacts to the area. However, staff does not advocate this one-way drive onto Kilmer Avenue and is not recommending it as an option. Chair Doorley reiterated that this one-way egress driveway is not a part of the actual proposal. Commissioner Roseberry said that the issue of maintenance of the access to the Trail is unclear. Senior Planner Geoff I. Bradley: . Said that there is a condition of approval that requires the developer to designate a public access easement that represents a 10-foot wide pedestrian/bicycle access. . Added that the Homeowners Association for this development would be responsible for the maintenance of that path. . Said that the developer is asking for more time to work on the actual language of that condition of approval but that the Public Works Department is comfortable with the condition as written. . Assured that this issue can be fine-tuned prior to the Council hearing. Commissioner Roseberry asked what objections and/or risks are seen if this condition is not kept a part of this approval. Why would anyone object to having the HOA maintain this pathway to the Trail? Senior Planner GeoffI. Bradley replied that staff has no objection. Planner Stephanie Willsey said that Condition 41 could possibly be modified either to have the City or the future HOA retain responsibility for this pathway maintenance. Director Sharon Fierro suggested that this issue be deferred to Council. It is considered to be the maintenance of a public amenity. Commissioner Alderete asked who owns this and why the City would maintain it. Senior Planner Geoff I. Bradley replied that CalTrans owned the property, including the access to the Trail, and that this developer is in contract to purchase the property. When the development is built, the HOA would own this pathway as an easement for public purposes. Chair Doorley said that the homeowners would likely not be the majority users and may not want to foot the bill for maintenance of this access easement. Commissioner Alderete suggested the condition be more concrete. Chair Doorley suggested it be left as is. Commissioner Rocha agreed and said it should be sent forward to Council. He asked what can be done about access to the path prior to commencement of construction. Planning Commission Minutes of December 14,2004 Page 10 Chair Doorley said that this may be a question for the applicant. He questioned why this access was blocked off and what can be done to re-establish access to the path. Mr. Scott Ward: . Said that the path was closed off upon transfer of the property ITom CalTrans. He added that there is no recorded easement on this property for this path and that his insurers required this fencing at this stage of development. . Stated that approval ofthe project would provide legal ratification of the public easement. . Added that there are still technical issues regarding the issue of liability and insurance. Chair Doorley asked about after construction. Mr. Scott Ward: . Said he would have no difficulty working with staff to expedite some sort of map to establish the public service easement. Perhaps it could be left open during construction but it requires some thought. . Stated that they have not yet filed for final map as they are scheduled for Council in January and can only apply thereafter. . Assured that they would expedite the process as possible. Chair Doorley asked if construction could be phased so that access would be available until construction must occur near the access path. Mr. Scott Ward: . Said that this question is how the easement can be made available until the start of construct. . Reported that their goal is to begin construction in March and will build the project in a single phase and take about 9 to 12 months. . Stated that he is not sure how access can be allowed between now and March but that he would confer with staff and his attorneys. . Suggested that perhaps liability waivers from those using this access could be obtained. Chair Doorley asked the City Attorney if this is a likely option. City Attorney William Seligmann replied that while it might be legally possible, he was not sure how this could actually be carried out. Director Sharon Fierro: . Advised that the developer is aware of the requirement for an easement that is so important to this neighborhood. . Said that the City does not have the resources to maintain and insure this easement and that concessions to the project were provided by the City to offset the requirement for this easement. . Said that maintenance of this open space area is important for this neighborhood. The access previous did not include an easement since easements are not permitted over State owned property. Despite that, there was full access over State property to reach the Trail. Planning Commission Minutes of December 14,2004 Page 11 . Reiterated that this issue is appropriately deferred to Council and that the wording as proposed by staffbe retained. Added that this language was part of this proposal during negotiations with the developer. Reminded that Pulte installed a park that is owned and maintained by its HOA but is open for use by the public. . . Chair Doorley asked about use between now and the Council meeting. Director Sharon Fierro replied that right now this is privately owned property with no development approval at this time. She deferred to the City Attorney for comment. City Attorney William Seligmann said that there is no ability to require access across this property until there is an approval. Right now there is nothing to enforce. Chair Doorley said that it is clear that this privately owned property is not obligated to provide access and the City has no ability to compel access at this time. Director Sharon Fierro said there is nothing to compel them perhaps except for the developer's desire to establish good neighborhood relations. Commissioner Rocha asked if the condition adopted by the Commission could compel access to the path. City Attorney William Seligmann said that there is nothing legally binding until Council approves this project. The Commission's action would be forwarding a recommendation to Council for final action. Chair Doorley re-opened the Public Hearing for Agenda Item No.1. Mr. Mike Bogart, 1160 Holmes: . Said that there was a meeting a week ago. . Suggested that the City retain responsibility for insurance and maintenance of the access path. Chair Doorley said that this option can be considered at the time that Council considers this development. At this time, the Commission has no authority to enact use of the path between now and that January hearing. Chair Doorley re-closed the Public Hearing for Agenda Item No.1. Commissioner Francois suggested that Condition 40 offer pathway access by the residents in the area, which would be approved by Council's action. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Alderete, the Planning Commission took the following actions: . Adopted Resolution No. 3612 recommending that Council adopt a Mitigated Negative Declaration;' Planning Commission Minutes of December 14,2004 Page 12 . Adopted Resolution No. 3613 rcommending that the City Council approve the reorganization of territory designated as "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) being approximately 16.902 acres (APN's 424-06-076,424-06-106,424-06-108 and 424-04-083); . Adopted Resolution No. 3614 recommending approval of a Planned Development Permit (PLN2004- 70) to allow the construction of 24 new single-family residences; . Adopted Resolution No. 3615 recommending approval of a Tentative Subdivision Map (PLN2004- 72); . Adopted Resolution No. 3616 recommending approval of a Tree Removal Permit (PLN2004-71) to allow the removal of 13 protected trees, on property located at 16201 & 16239 E. Mozart Avenue, by the following roll call vote: AYES: Alderete, Doorley Francois, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: Gibbons Chair Doorley advised that item would be considered by Council at its meeting of January 4, 2005, regarding the Annexation and on January 18,2005, for the development project. *** Chair Doorley called for a five minute recess at 8:50 p.m. to allow the large crowd in attendance for Item No.1 to depart the chambers and reconvened the meeting at 8:55 p.m. Chair Doorley read Agenda Item No.2 into the record. 2. PLN2004-105 Hartman, H. Continued Public Hearing (ITom the Planning Commission meeting of November 9, 2004) 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 Ms. Melinda Denis, Planner I, presented the staff report as follows: . Advised that the applicant is seeking approval of a Planned Development Permit to allow the construction of a new two-story single-family residence on a vacant lot located on the east side of North Second Street, between Civic Center Drive and Grant Avenue. . Stated that the zoning is PD. Planning Commission Minutes of December 14, 2004 Page 13 . Described the proposed home as Craftsman in design and features and will include stucco, cultured stone base and a composition roof. The wall color is light beige with white trim. Stated that four 24-inch box trees are proposed to screen the second story from the single- story home located directly behind on First Street. Recommended approval and said that both the applicant and architect are available. . . Commissioner Gibbons provided the Site and Architectural Review Committee report as follows: . SARC reviewed this proposal on October 26th and asked the applicant to explore the garage door style and to eliminate the eyebrow over the second floor bay window in the ITont elevation. Commissioner Rocha asked if staff requested the stone treatment. Planner Melinda Denis replied no. This detail was proposed by the applicant. Chair Doorley opened the Public Hearing for Agenda Item No 2. Mr. Todd Lonac, 81 N. First Street, Campbell: . Advised that his home is located directly behind Mr. Moore's property. . Informed that he has no opposition to the development of this property and that his issues have been addressed by Mr. Moore. . Pointed out that all the other homes surrounding his are single-story and his rear yard is currently completely private. . Expressed his belief that this property owner has the right to develop his property as he sees fit but that he is concerned for the trees to be planted to screen his property ITom the new second story. He asked the time frame for the planting of these screening trees. . Reported that one portion of shared fence was recently replaced with him splitting the cost and he wondered if the remaining older portion of shared fencing would also be replaced. . Said he went through a remodel himself and wished his neighbor well during the difficult process. . Said his main concern is the views into his yard from this new second floor and preserving his privacy. Senior Planner Geoff I. Bradley advised that the screening landscaping would have to be in place prior to final occupancy. He added that the four 24-inch box trees are of fairly good size. Commissioner Gibbons agreed and said that this size gives these trees the chance to grow in place. She encouraged the applicant to plant these trees at the shared back property line. She added that SARC had discussed the deck at the back of the house and encouraged Commissioner Roseberry to give a report on that discussion. Commissioner Roseberry said that he felt it is prudent to have a closed deck up there rather than a see-through railing. Commissioner Rocha asked about Mr. Todd Lonac's concerns over the fencing. Planning Commission Minutes of December 14, 2004 Page 14 Commissioner Gibbons replied that the Commission cannot require replacement but could encourage Mr. Moore to consider doing so. Chair Doorley closed the Public Hearing for Agenda Item No.2. Commissioner Alderete asked if the SARC recommendations are depicted in the current plans. Commissioner Roseberry replied yes. Commissioner Alderete asked about the concerns over the garage door. Commissioner Gibbons advised that the applicant has changed the configuration of the garage door so that it depicts the character of a two-door unit but still functions as single door. It consists of vertical panels instead of square to provide a more traditional character. Planner Melinda Denis pointed out that Condition 9 requires that the applicant provide specifications on the garage door and building trim. Chair Doorley re-opened the Public Hearing for Agenda Item No.2. Mr. Joe Moore, Applicant and Owner, 86 N. Second Street, Campbell: . Said he is concerned about the tree requirement as he was hoping to plant ftuit trees such as avocado. . Added that he has 9 to 10 ftuit trees already. . Questioned the condition requiring a foundation inspection. Senior Planner Geoff I. Bradley said that Condition #18 requires that the pad be certified immediately after it is poured. The Engineer must verify the location and height of the pad and the setbacks. Commissioner Gibbons assured that this is a standard generic condition. Mr. Joe Moore advised that he would fix the fence in the back when time permits. Commissioner Gibbons asked staff about the issue of trees as she did not believe that fruit trees were typically counted as replacement trees. Planner Melinda Denis said that staff can work on this issue with the applicant. Commissioner Gibbons asked about the fence. Planner Melinda Denis reminded that the fence is an issue between the two property owners. Chair Doorley re-closed the Public Hearing for Agenda Item No.2. Commissioner Roseberry advised that the closed back deck issue is a matter of sight and sound impacts. Planning Commission Minutes of December 14, 2004 Page 15 Senior Planner Geoff I. Bradley advised that this issue is addressed in the San Tomas Area Neighborhood Plan as it requires solid railings for decks and balconies. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3617 recommending approval 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 and found this project to be Categorically Exempt under CEQA by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Doorley advised that item would be considered by Council at its meeting of January 4, 2005. *** Chair Doorley read Agenda Item No.3 into the record. 3. PLN2004-63 Ramirez, S. Public Hearing to consider the application of Mr. Sam Ramirez, on behalf of the Cardiff Lounge, for a Conditional Use Permit (PLN2004-63) to allow late night activities and live entertainment in an existing bar on property owned by Mr. Robert Raffanti located at 260 E. Campbell Avenue in a C-3 (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: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow late night hours and live entertainment for an existing bar on property located at 260 E. Campbell Avenue. . Stated that in April 2001 Council adopted an Ordinance in April 2001 requiring a Conditional Use Permit for business uses between 11 p.m. and 6 a.m. This requirement is imposed even on grandfathered businesses, which were given two-year grace period that expired in May 2003. . Described the proposed operational hours ITom 12 noon to 2 a.m., 7 days a week. The business currently operates to 2 a.m. daily. According to the applicant's statement, liquor sales would cease at 1 :30 a.m. Live entertainment is proposed 7 days a week between 7 p.m. and 1 a.m. and would include live DJs, three-piece bands and karaoke. . Recommended approval. Chair Doorley opened the Public Hearing for Agenda Item No 3. Planning Commission Minutes of December 14,2004 Page 16 Mr. Mark Bauer, 77 S. First Street, Campbell: . Pointed out that the King's Head is nearby and fairly loud. This location is even closer. . Said he was not sure what the volume would be. . Pointed out that his is a duel tenancy property and that he has a rental unit in back. Chair Doorley asked Mr. Mark Bauer ifthere are noise issues currently with the King's Head. Mr. Mark Bauer said that noise was not too bad. He added that one concern is the sound of bottles being recycled in the early morning hours. Chair Doorley asked staff if the applicant is present this evening. Planner Stephanie Willsey advised that the applicant is not present. Chair Doorley closed the Public Hearing for Agenda Item No.3. Commissioner Francois pointed out that Condition #10 addresses the management of the back door. The bottle issue could be negotiated. Commissioner Rocha pointed out that the written statement indicates that trash clean up would occur in the morning. This should help a great deal. A Condition of Approval requires the rear door to be closed. Director Sharon Fierro suggested that these two points from the applicant's statement be added to the conditions. Commissioner Rocha said that since the statement also assures no hip-hop performers will be booked and that fact should also be documented. Commissioner Gibbons pointed out that the conditions should stipulate that all activity shall cease at 2 a.m. Director Sharon Fierro advised that the applicant has proposed more stringent operational conditions that requires morning cleanup. Commissioner Rocha supported the requirement that the building be clear and empty by 2 a.m. Commissioner Gibbons suggested a condition of approval that states that in the event that noise complaints are received, the Director may immediately modify the hours of operation subject to further Planning Commission review. Commissioner Rocha suggested that a six-month review also be conditioned. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3618 granting a Conditional Use Permit (PLN2004-63) to allow late night activities and live entertainment in an existing bar on property owned by Mr. Robert Planning Commission Minutes of December 14, 2004 Page 17 Raffanti located at 260 E. Campbell Avenue, and found this project to be Categorically Exempt under CEQA, with the following modifications to the conditions: . Condition 2 B, this Conditional Use Permit will be reviewed by the Planning Commission in six months; . Condition 10 D - Trash and cleaning shall all be done after 8 a.m.; . Condition 11 - The 2 a.m. closing shall mean that the business is closed and shuttered with no activity, . Hours of operation will include the conclusion of liquor sales at 1 :30 a.m.; Music off at 1 :45 a.m., the building will be cleared and empty by 2 a.m. and the live entertainment would conclude at 1 a.m. . Live entertainment is allowed 2 days a week and DJ's are permitted 5 days a week, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Doorley advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Doorley read Agenda Item No.4 into the record. 4. PLN2004-05 Fernandes, L. Continued Public Hearing (ITom the Planning Commission meetings of October 26, 2004 and November 9, 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 Ms. Melinda Denis, Planner I, presented the staff report as follows: . Advised that the applicant is seeking Modification to a Site and Architectural Review Permit to allow interior improvements and a parking adjustment. . Described the property as being located on the southeast corner of Bascom Avenue and EI Solyo Avenue with surrounding uses being Commercial and Single-Family to the north, Single-Family to the east and Commercial to the south and west. . Said that the General Plan designation is General Commercial and the Zoning Designation is C-2-S. Planning Commission Minutes of December 14,2004 Page 18 . Reported that a Site and Architectural Review Permit was approved in 2001 to allow the creation of two tenant spaces. Space A is located at the front the building and consists of 6,520 square feet. Space B is located at the rear of the building and consists of 5,798 square feet and a mezzanine space of 4, 182 square feet. Advised that the applicant is proposing to convert the mezzanine into a full second floor space with the addition of 1,116 square feet. Said that the parking ratio for this property is one space per 225 square feet. With 16,500 square feet of space, the parking required is 73 spaces. On-site parking provided is 65 spaces. With an addition, the total square footage increases to 18,116 square feet, with a parking requirement of 80 spaces therefore increasing the parking shortage to 15 spaces. Informed that staff is not supportive of this request due to this deficiency in off-street parking as the request increases the existing deficit from 8 to 15 spaces. . . . Commissioner Gibbons provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on October 12th and was not supportive due to the parking shortage. . Said that there is a history to the parking issue on this site. . Said that parking for the portion of the building proposed for this addition, which is located at the rear of the parcel and closest to residential uses, is also the portion of the site most likely to be impacted by overflow parking. Planner Melinda Denis: . Advised that a Parking Exception was approved in 2001. . Added that a long-standing recorded deed provides eight parking spaces on a parcel located across Bascom Avenue. This off-site parking is awkward and there is no crosswalk provided to cross Bascom at this point to reach those spaces. . Added that staff is not supportive in counting those spaces for this parcel. . Explained that this owner is trying to make this mezzanine space more rentable. Commissioner Rocha asked about disabled access to the rear portion of the building. Planner Melinda Denis said she would have to defer a response to the applicant. Pointed out that the applicant has done a tremendous job in cleaning up this property. Where there used to be lots of complaints about the appearance of the site, these days there are none. Chair Doorley opened the Public Hearing for Agenda Item No 4. Mr. Larry Fernandes, Applicant: . Explained that they are proposing to create an elevator and upstairs and downstairs lobby spaces. . Said that effectively, they would be taking square footage out by creating a nice entry and access to the second floor. These changes would make it possible to lease out the second floor. . Said that he has a 26 year lease. Planning Commission Minutes of December 14, 2004 Page 19 . Reported that First American Title has leased the ITont unit and rarely uses even 25 percent of their available parking. Additionally, his own parking needs are minimal and he does have some control on use of parking. Pointed out that they had more parking available but lost seven spaces when required to put in the streetscape. Advised that ADA parking is provided on side with two spaces in the back and one in the ITont. They were required to provide two and have provided three. Said if the seven lost spaces and eight spaces across Bascom Avenue are credited, they would have adequate parking. Reiterated that he is capable of controlling the number of people parking on site. . . . . Commissioner Francois asked how he proposes to control parking. Mr. Larry Fernandes said that while two real estate offices had inquired about renting space on site, he rejected that type of use. Commissioner Francois said that it appears that Mr. Larry Fernandes is being selected as to the types of tenants and uses on site. Mr. Larry Fernandes said that whoever is on site, he will be sharing parking with them for the next 25 years or so. Chair Doorley cautioned Mr. Larry Fernandes that the Commission has to consider other owners and/or occupants on site. Problems can arise if the site is sold to someone who does not care. Agreed that he has not noticed this site being under parked when passing by. Mr. Larry Fernandes said that he has a large pre-payment penalty so he plans to be there a long time. He added that the eight spaces across Bascom still offer a benefit to the community even if not used by people ITom his building. Chair Doorley said that perhaps employees could be required to use those spaces across Bascom. Mr. Larry Fernandes said that he did not think that this was likely to happen. From a legal standpoint, these spaces are there and available but ITom a practical standpoint they are not actually being used to serve this site. Mr. Lloyd Taylor, 1041 E1 Solyo Avenue, Campbell: . Said that the applicant has done a nice job with the site and the planting of trees. . Said that there appears to be enough parking to serve the back unit but there may be problems for the back tenants in the future. . Advised that there are multi-family units nearby and lots of demand for street parking. Additionally, there have been several street sleepers who are spending the night in their cars along EI Solyo. . Said that the office complex next door to him has six suites and they also use street parking. Planning Commission Minutes of December 14,2004 Page 20 Chair Doorley closed the Public Hearing for Agenda Item No.4. Commissioner Alderete asked staff if they are aware of a crosswalk across Bascom Avenue to reach the parking on the other side of the street. Planner Melinda Denis replied that she did not see one. Commissioner Alderete said that this means there is no reasonable access to those eight spaces. Director Sharon Fierro said that the City is not party to that private agreement for these eight spaces across S. Bascom Avenue. These spaces are not on site and are dangerous to access. Commissioner Alderete said it doesn't seem like the Planning Commission has had a project with this much of a parking deficiency in the past. Asked where the Commission should draw the line and if there are any practical solutions. Chair Doorley pointed out that often a shared parking concept is taken into consideration where uses on a site have different peak hours. It is hard in this case to find those where these overlaps might be. Commissioner Rocha said that the proximity to residential uses creates additional problems. Commissioner Gibbons reported that the implications of this deficient parking was discussed by SARc. Even if credit for the seven spaces lost with the streetscape were given, this site would still be short parking. Chair Doorley suggested that the training meetings held by the ITont tenant may be the main issue regarding parking shortages. Commissioner Rocha cautioned that attempting to place restrictions on an existing tenant at this juncture would be difficult. Commissioner Alderete questioned if additional spaces could be developed if the lot were to be redesigned and restriped. Senior Planner Geoff I. Bradley replied that the parking was maximized when the streetscape was put in. The existing layout is the most efficient possible. Planner Melinda Denis agreed saying that as many spaces as could be installed in this ITont lot were installed in order to meet the bare minimum requirements. Mr. Larry Fernandes said that he had been unaware that his ITont tenant was spilling out into the neighborhood. In their lease, that tenant has access only to a certain number of spaces. He can control that. Commissioner Alderete said that while Mr. Larry Fernandes might be able to control on-site parking, he cannot control how his tenant's visitors park along the street. Planning Commission Minutes of December 14,2004 Page 21 Mr. Larry Fernandes said that he can tell them to eliminate the mass seminars. On a daily basis, this tenant does not use many parking spaces. This is not a big issue to handle. Chair Doorley asked Mr. Larry Fernandes what would occur if this company is not his tenant any more. Mr. Larry Fernandes asked staffifhis parking is considered underutilized or maxed out. Planner Melinda Denis said that for the existing tenants, square footage and uses, they are deficient by eight parking spaces. Common area square footage is also counted so with the building modifications the parking deficiency grows to 15 spaces. Senior Planner said that shopping centers have different peak times while straight office uses typically operate between 8 a.m. and 5 p.m. Chair Doorley asked if there is any value in the concept of continuing this item. Director Sharon Fierro replied that the parking has already been discounted for this site to reflect gross rather than net square footage. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3619 denying a Modification (PLN2004-05) 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, by the following roll call vote: AYES: Alderete, Doorley, Gibbons, Rocha and Roseberry NOES: Francois ABSENT: None ABSTAIN: None Chair Doorley advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** 6. PLN2004-123 Garcia, F. Public Hearing to consider the application of Mr. Frank Garcia, on behalf of Camargo & Associates, Inc., for a Site and Architectural Review Permit (PLN2004-123) to allow the construction of a new single-family residence and secondary living unit on property owned by Ms. Ferial Hanna located at 1400 Abbott Avenue in an R-1-1O (Single Family Residential) 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: Planning Commission Minutes of December 14, 2004 Page 22 . Advised that the applicant is seeking Site and Architectural Review Permit to allow the construction of a new single-family residence and detached secondary living unit. Described the project site as being located on the east side of Abbot Avenue across the street from Jack Fischer Park. Said that the Zoning is R-1-1O. Reported that the Commission approved a Site and Architectural Review Permit for this parcel in May 2003. This proposal is a new design consisting of a single story house and detached secondary living unit. The project is consistent with the San Tomas Area Neighborhood Plan. The new design incorporates a contemporary Mediterranean architectural style. Cautioned that the secondary living unit does not itself require a separate approval. Said that SARC reviewed the proposal. Advised that a desk item was distributed ITom the neighbor to the south regarding a deed restriction conflict. Recommended approval. . . . . . . . Commissioner Gibbons provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on November 30th and was supportive. Chair Doorley opened the Public Hearing for Agenda Item No 6. Mr. Michael Bangs, 1418 Abbott Avenue, Campbell: . Said that he submitted a desk item, which is self-explanatory. . Said he does not object the single-family residence. His issue is an existing covenant that there be no easement restriction. . Advised that he addressed this issue of the deed restriction before the Commission during the previous public hearing. . Said he has tried to work with this property owner but received no response. . Cautioned that this issue may become a civil matter. . Informed that the covenant restricts this property to one single-family home and no secondary living unit. . Asked the Commission not to approve the secondary living unit. Chair Doorley advised Mr. Michael Banks that this is a civil matter and not a land use issue. City Attorney William Seligmann said that this is correct. This is not an issue for the Planning Commission or Council to enforce. Director Sharon Fierro added that State law changed a couple of years ago so that secondary living units are no longer a discretionary item. The appearance of second units can be reviewed but not the determination as to whether a second unit can be permitted. Mr.,. Frank Garcia, Project Architect: . Thanked the Commission for its review. . Said that they have worked with the neighbors and went with a one-story design. Planning Commission Minutes of December 14, 2004 Page 23 . Stated he was available for any questions and requested approval of this project. Chair Doorley about the covenant and its applicability to this project. Mr. Frank Garcia said that it is a private civil matter. Mr. David Bicknell, Attorney for Applicant: . Said that the covenant is unclear and that a great deal of negotiation occurred. . Reported that Mr. Bangs is making a $200,000 demand. Chair Doorley stopped Mr. Bicknall saying that he is simply asking for a general understanding of the situation and not the specific details of the negotiations. Mr. David Bicknell said that there have been on-going discussions. Commissioner Alderete reminded that the City Attorney has advised the Commission that this issue is not a part of the Commission's decision process. Chair Doorley replied that he will give Mr. Bicknell the chance to wrap up his comments before this item moves on. Mr. David Bicknell said that this covenant is strictly a civil matter entered into between two property owners, neither of which is here today. Commissioner Rocha asked about the 1,200 square foot basement and whether this is finished or unfinished space. Senior Planner Geoff I. Bradley replied that the space will consist of a recreation room, wine cellar and bathroom. This space is part of the house although it is not counted against the allowable FAR. Commissioner Gibbons said that this issue came up at SARc. Finished basements are not counted as a part of the house. Commissioner Roseberry added that even if this space were to be counted, the square footage would still be below allowable FAR for this site. Chair Doorley closed the Public Hearing for Agenda Item No.6. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3620 approving a Site and Architectural Review Permit (PLN2004-123) to allow the construction of a new single-family residence and secondary living unit on property owned by Ms. Ferial Hanna located at 1400 Abbott Avenue and found this project to be Categorically Exempt from CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry Planning Commission Minutes of December 14,2004 Page 24 NOES: None ABSENT: None ABSTAIN: None Chair Doorley advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** MISCELLANEO US 7. Election of 2005 Chair and Vice Chair. Motion: Upon motion of Commissioner Rocha the Planning Commission selected Elizabeth Gibbons to serve as Planning Commission Chair for 2005. (6-0) Motion: Upon motion of Commissioner Francois the Planning Commission selected Bob Alderete to serve as Planning Commission Vice Chair for 2005. (6-0) *** 8. Cancellation of December 28, 2004, Planning Commission Meeting. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Francois, the Planning Commission cancelled the Planning Commission meeting of December 28, 2004. (6-0) *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: . Advised that the projects at 175-201 E. Campbell Avenue and 1815 S. Bascom Avenue were approved by Council, effective on January 6,2005. . Announced that Council accepted the resignation of City Manager Bernard Strojny upon his retirement. . Stated that former Commissioner Joseph Hernandez was sworn in as Councilman and his resignation ITom the Planning Commission was accepted. The Council will interview for his replacement on the Commission in January. This is the only Commission for which the entire Council participates on the interview process. . Reported that Jane Kennedy was elected Mayor and Jeanette Watson was elected Vice Mayor for 2005. Commissioner Gibbons advised that the American Institute of Architects has created a training program for Commissions and Councils on the review of good projects. One staff member and one Commissioner from Campbell are invited to attend a complimentary session of this training to be held on Tuesday, January 18, 2005, at 6:30 p.m. at the California Theater in San Planning Commission Minutes of December 14, 2004 Page 25 Jose. She added that Commissioner Roseberry has indicated his interest in attending this training. Chair Doorley checked with Commissioner Roseberry and appointed him as the representative of the Commission for this session. ADJOURNMENT The Planning Commission meeting adjourned at 10:25 p.m. to the next Regular Planning Commission Meeting of January 11,2005. ~~ Connne A. Shinn, Recording Secretary SUBMITTED BY: APPROVED BY: ATTEST: C Geo Doorley, Chair /ll ~ /ð~~ ./ Sharon Fierro, Secretary