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PC Min 05/26/1998CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MAY 26, 1998 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 26, 1998, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairman Lowe, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Dennis Lowe Brad Jones Tom Francois Elizabeth Gibbons Susan A. Keams Mel Lindstrom (arrived at 7:40 p.m.) Jane Meyer-Kennedy Commissioners Absent: None Staff Present: Senior Planner: Associate Planner: Planner II: City Attomey: Reporting Secretary: Sharon Fierro Tim J. Haley Gloria Sciara William Seligrnann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Gibbons, the Planning Commission minutes of May 12, 1998, were approved. (6-0-1; Commissioner Lindstrom was absent for this vote.) COMMUNICATIONS. There were no communication items. Planning Commission Minutes of May 26, 1998 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairman Lowe read Agenda Item No. 1 into the record. TA 98-03 City Initiated Continued Public Hearing to consider the City-initiated application for approval of a Text Amendment (TA 98-03) to amend the Campbell Municipal Code to include a Tree Protection Ordinance. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: June 16, 1998. Ms. Gloria Sciara, Planner II, presented the staff report as follows: · This item was continued from the Planning Commission meeting of April 28, 1998. The Commission directed staff to modify the text to exempt single-family residential properties from any restrictions for tree removal with the exception of heritage trees. Additionally, the Commission wanted to require property owner consent prior to the designation of their tree as heritage. · Another change is the standardization of hearing notification to 300 feet. · Eucalyptus trees will be exempt from the Tree Protection Ordinance. · A provision for in-lieu fees instead of requiring a property owner to provide replacement trees has been added and a simplified permit process outlined. · A streamlined process for the designation of heritage trees no longer requires an arborist's report. · There would be three types of permitting processes. One is administrative. The second is review in conjunction with a development applications. The third is for heritage tree designation. The process includes completion of a permit application (one page), provision of a replanting plan and the filing of fees. · With the administrative process, the Community Development Director must make a decision within 10 days. That decision is mailed to the applicant and to the 300 foot mailing list. Additionally, the tree will be posted by the City with the decision and the requirements for appeals. · For development applications, the standard development process occurs. The tree removal would be noticed with the development application but as a separate application. Appeals of Planning Commission decisions would be considered by the City Council if filed within 10 days of their decision. · The Historic Preservation Board has the final authority on heritage trees. Chairman Lowe asked how heritage trees would be so designated. Planning Commission Minutes of May 26, 1998 Page 3 Ms. Gloria Sciara answered that the Historic Preservation Board would determine heritage tree designation with the owner's consent. Chairman Lowe asked how detailed a replanting plan would need to be. Ms. Gloria Sciara advised that the plan would be simplified showing the relationship of the tree on the property. Commissioner Jones asked about fees for removal of heritage trees. Ms. Gloria Sciara: · Advised that at the present time there is no fee unless the tree removal is connected to a development application. That fee is not specified at this time. · Stated that factors in developing value of a tree to determine the four times replacement ratio. Components in establishing value include size at four and a half feet above grade; the species (standard ratings of tree listed by region); the condition, structural integrity and health and location which considers the site. · The contributions of a tree include function and aesthetic factors. Chairman Lowe asked if the "Kelly Blue Book" of Trees is available. Ms. Gloria Sciara replied that this resource is available and if necessary an arborist would be enlisted on a case by case basis. Commissioner Gibbons thanked staff for the excellent information and for answering concerns. Asked whether the posting of trees would be done by staff and in places visible to the public as opposed to somewhere in a private yard. Ms. Gloria Sciara advised that staff would post trees at eye level and visible from 100 feet away. Commissioner Gibbons stated that the replacement table is useful and makes the Ordinance more stringent. Stated that she would favor a fee for removal of heritage trees in all cases. Ms. Gloria Sciara advised that there is no fee proposed for designation of heritage trees. However, a fee would be imposed for the removal of all protected trees. Commissioner Keams: · Sought clarification that 300 foot notices are needed for protected trees and not all tree removals within the City. Stated that requiring the matching of canopy of old removed trees seems um'easonable. Asked whether the in-lieu fee is imposed if room is not available on the property to plant the replacement trees required. Planning Commission Minutes of May 26, 1998 Page 4 Ms. Gloria Sciara replied that was correct. Advised that there are environmental benefits to having mature trees. Replacement trees seek to offset the net loss in the community. Commissioner Keams stated that she would have a problem is R-1 properties are included in the Ordinance. Wondered if the average homeowner will understand the proposed pruning standards. Ms. Gloria Sciara advised that only protected trees are impacted and R-1 properties are exempt. A technical manual is in the works. Commissioner Jones asked for the fees involved. Ms. Gloria Sciara advised that no fee has been set. Said that other cities charge approximately $50. The City Council will determine appropriate fees. Commissioner Jones stated that he has a problem with charging a fee for the removal of heritage trees as it might discourage people from having trees designated as heritage. Ms. Gloria Sciara advised that in emergency situations, trees can be removed that cause safety issues. Commissioner Gibbons suggested leaving replacement ratios to the discretion of the Community Development Director. Stated that she supported the replacement of trees with 15-gallon trees and that she was flexible about whether or not fees should be charged for heritage trees. Chairman Lowe asked where fees paid would be maintained. Not in the General Fund? Ms. Gloria Sciara assured the Commission that funds are deposited into the Street Tree Fund which is used to plant trees on public property, including street trees. Commissioner Keams asked if there is sufficient space available to plant these trees. Ms. Gloria Sciara answered that the City has not been able to keep pace with the demand for replacement street trees. Trees have been removed due to disease or for causing problems with sidewalks, etc. For the last four years, the City has not been able to replace these trees. Chairman Lowe announced that the Public Hearing remained open for Agenda Item No. 1. Ms. Lucy Leeburg, 81 S. Fourth Street, Campbell: · Advised that she is a former member of the Tree Committee. · Expressed concern about exempting R-1 from the Tree Protection Ordinance. · Stated that most City Ordinances infringe in some way on citizens' rights. To modify ones house, permits must be obtained through the City. Planning Commission Minutes of May 26, 1998 Page 5 · Advised that this is a chance for Campbell to develop a strong Ordinance rather than a weak one. · Stated that a watered-down Ordinance does not have an impact. Most mature trees are located in private residential backyards. Advised that it will take years to develop a heritage tree list. · Asked the Commission to reconsider its opposition to including residential properties within the Tree Protection Ordinance. Commissioner Gibbons asked how heritage trees would be identified. Chairman Lowe answered that the Historic Preservation Board would designate heritage trees. Ms. Lucy Leeburg: · Added that when driving around, one can seek heritage quality trees but they are usually in private backyards. · Advised that as watered down, this Ordinance will take years to come back for strengthening. · Added that the importance of mature trees goes beyond the canopy they provide. Mature trees also represent a grandeur. · Cautioned that young children will never see a 300 year old tree if we keep cutting them down. Commissioner Gibbons stated that this process has been an educational one for her. Chairman Lowe closed the Public Hearing for Agenda Item No. 1. City Attorney William Seligmann advised that language has been left out on page 7, subsection 2-A, regarding the valuation of replacement trees. Commissioner Meyer-Kennedy asked whether a pilot program could be considered. Said that she feels it is important for single-family properties to be able to remove trees of one is lifhng up their foundation. Chairman Lowe said that he would have no problem with a one year program. Commissioner Meyer-Kennedy asked the City Attorney if this is a possibility. City Attorney William Seligmann answered that he was not certain what the Commission had in mind by pilot program. Commissioner Jones asked if Commissioner Meyer-Kennedy would include R-1 properties during the pilot period. Commissioner Meyer-Kennedy answered that she would. Planning Commission Minutes of May 26, 1998 Page 6 Commissioner Jones: · Stated that he would not consider seeking a permit himself were he to need to remove a problem tree off of his property. · Said that he will not support an Ordinance that infringes upon the rights of R-1 property owners. · Said that he finds this to be government overstepping its bounds. · Said that if it is "my tree, I want to be able to do as I see fit." Commissioner Keams agreed stating that if neighbors have problems with tree removal they can plant trees on their properties to mitigate. Commissioner Francois stated that he agrees that the Ordinance would be intrusive on the residential property owner. Commissioner Meyer-Kennedy advised that Campbell has never had an Ordinance before and has lots of trees. Commissioner Lindstrom advised that Council may have a totally different point of view. Commissioner Jones suggested that the City reduce the allowable building densities in their zoning areas. Commissioner Kearns suggested that if Council decides not to exempt R-1 she would support the replacement of trees with 15-gallon as opposed to 24-inch box trees as a cost savings to the homeowners. Commissioner Gibbons advised that staff can add this suggestion to the staff report that will be prepared for Council. City Attorney William Seligmann, prior to the motion, proposed clarifying language for Sections 21.56.110, Subsection 1-A and Subsection 2-A. Ms. Sharon Fierro advised that the intent is to protect significant trees that cannot be replaced by 24-inch box trees such as the Roosevelt tree. Suggested allowing the value to be established by the Public Works Director. City Attorney William Seligmann agreed that fair market value can be determined by the Public Works Director. Planning Commission Minutes of May 26, 1998 Page 7 Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Lindstrom, the Planning Commission recommended that Council adopt a Negative Declaration and approve a Text Amendment (TA 98-03) to amend the Campbell Municipal Code to include a Tree Protection Ordinance with the changes recommended by the City Attorney, by the following roll call vote: AYE S: NOES: ABSENT: ABSTAIN: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer- Kennedy None None None Commissioner Lindstrom reminded the Commission that they have been diligent in the past about protecting trees even without benefit of an Ordinance and will continue to do so. Chairman Lowe read Agenda Item No. 2 into the record M 98-02 Robinson, G. Continued Public Hearing to consider the application of Mr. Gary Robinson, on behalf of Carrows Restaurant, for a Modification (M 98-02) to a previous Site and Architectural Approval to allow changes to the exterior appearance of an existing restaurant building on property located at 150 E. Hamilton Avenue in a C-1-S (Neighborhood Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Ms. Sharon Fierro, Senior Planner, advised the Commission that staff is recommending continuance to the Commission meeting of June 23. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Jones, the Planning Commission unanimously moved to continue consideration of M 98-02 to its meeting of June 23, 1998. (7-0) Chairman Lowe read Agenda Item No. 3 into the record. Planning Commission Minutes of May 26, 1998 Page 8 M 98-05 (UP 89-03) IVA2C, Inc. Public Hearing to consider the application of IVA2C, Inc., for approval of a Modification (M 98-05) to a previously-approved Conditional Use Permit (UP 89-03) to allow an on-sale beer and wine license in conjunction with an existing restaurant on property located at 2081-2091 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: Advised that the applicant is seeking a Modification to a previously-approved Conditional Use Permit to allow on-sale beer and wine sales. In 1989, a Conditional Use Permit was approved which allowed off-sale beer and wine sales in conjunction with a catering business. · The business owner now has a 600 square foot Caf6 at this site, located within a multi-tenant building near Winchester Hardware on Winchester Boulevard. · Staff recommends approval of this application. Chairman Lowe opened the Public Hearing for Agenda Item No. 3. Chairman Lowe closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Meyer- Kennedy, the Planning Commission adopted Resolution No. 3168 approving a Modification (M 98-05) to a previously-approved Conditional Use Permit (UP 89-03) to allow an on-sale beer and wine license in conjunction with an existing restaurant on property located at 2081-2091 S. Winchester Boulevard, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer- Kennedy NOES: None ABSENT: None ABSTAIN: None REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following additions by Senior Planner Sharon Fierro: · Advised that there are no items pending for the June 9, 1998, Planning Commission meeting so staff is recommending cancellation of that meeting. The SARC meeting of June 9 will be required. Planning Commission Minutes of May 26, 1998 Page 9 ADJOURNMENT The Planning Commission meeting adjourned at 8:27 p.m. to the Planning Commission meeting of June 23, 1998, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: Corinne A. Shinn, Record~ng'h-~Secretary APPROVED BY: ATTEST: Sharon Fierro, Acting Secretary