Loading...
PC Min 10/27/1998CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 27, 1998 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 27, 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: Dennis Lowe Brad Jones Tom Francois Elizabeth Gibbons Mel Lindstrom Jane Meyer-Kennedy Commissioners Absent: Commissioner: Susan A. Keams Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner I: Planner I: City Attorney: Reporting Secretary: Steve Piasecki Sharon Fierro Tim J. Haley Aki Irani Barbara Ryan William Seligrnann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Jones, the Planning Commission minutes of October 13, 1998, were approved. (5-0-1-1; Chairman Lowe abstained and Commissioner Kearns was absent.) Planning Commission Minutes of October 27, 1998 Page 2 COMMUNICATIONS. There were no communication items. AGENDA MODIFICATIONS OR POSTPONEMENTS Items No. 2 and 5 will be considered out of order as both are being withdrawn from the agenda. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairman Lowe read Agenda Item No. 2 into the record. UP 96-05 Revocation City-Initiated Continued Public Hearing to consider the Revocation of a Conditional Use Permit (UP 96-05) which allowed the establishment of a retail music store (Rasputin Music) on property located at 1830 S. Bascom Avenue in a PD (Planned Development/Commercial) Zoning District due to non- compliance with the Conditions of Approval. A Negative Declaration was previously prepared for this project. Planning Commission decision final, unless appealed in writing within 10 days to the City Clerk. (Continued from the Planning Commission meeting of September 22, 1998.) Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lindstrom, the Planning Commission voted to withdraw consideration of the Revocation of Use Permit 96-05 (which allowed for the establishment of Rasputin Music on property located at 1830 S. Bascom Avenue) as the applicant has now complied with all conditions of approval, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Francois, Gibbons, Jones, Lindstrom, Lowe, Meyer-Kennedy None gearns None Chairman Lowe read Agenda Item No. 5 into the record. 5. PD 98-07 Zambetti, A. Public Heating to consider the application of Ms. Angela Zambetti for approval of a Planned Development Permit (PD 98-07) to allow the use of an existing 9,000 square foot building for professional office use, subject to limits on hours of operation and traffic and parking, on property located at 90 Planning Commission Minutes of October 27, 1998 Page 3 E. Latimer Avenue in a PF (Public Facilities) Zoning District. This project is Categorically Exempt. Chairman Lowe opened the Public Hearing for Agenda Item No. 5. Chairman Lowe closed the Public Hearing for Agenda Item No. 5. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Francois, the Planning Commission unanimously moved to table consideration of this application to a date uncertain at the request of the applicant, by the following roll call vote: AYES: Francois, Gibbons, Jones, Lindstrom, Lowe, Meyer-Kennedy NOES: None ABSENT: Kearns ABSTAIN: None Chairman Lowe read Agenda Item No. 1 into the record. GP 98-01/PD 98-03/ TS 98-01 Pulte Home Corp. & Larkspur Hospitality Development and Management Company Continued Public Hearing to consider the request of Pulte Home Corporation and Larkspur Hospitality Development and Management Company for approval of the following applications for property located at 550 W. Hamilton Avenue (formerly the Best Products and Denny's site) in a PD (Planned Development) Zoning District. (Continued from the Planning Commission meeting of September 22, 1998.) A. A General Plan Amendment (GP 98-01) to consider a change the Land Use Element of the General Plan from Commercial to a mixed use Commercial/Low-Medium Density Residential (6-13 units per gross acre) B. A Planned Development Permit (PD 98-03) to allow the construction of a 46-1ot small lot single family subdivision and a 116 room hotel. C. A Tentative Subdivision Map (TS 98-01) to allow the creation of 47 lots and an associated common lot(s) for access and open space for the residential component. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: November 17, 1998. Planning Commission Minutes of October 27, 1998 Page 4 Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · This item was continued from the Planning Commission meeting of September 22, 1998. · The project site is the former Best Products site, located at San Tomas Expressway and Hamilton Avenue. · The applicant has revised the residential part of this development, reducing the units from 46 to 43 which allows through circulation within the housing development and separates the hotel site from the residential units. · The applicant has increased the number of the mid-sized units and reduced the number of the larger model units. The average Floor Area Ratios have been reduced from .78 to .61. · The setbacks have improved with about 50% of the units have five foot side yard setbacks. Approximately 25% of the units have four foot side yard setbacks. · With the changes in circulation on the residential portion and with the elimination of the pass through streets from the two parts of this project, additional parking will be provided for the hotel with the addition of three to four additional parking spaces. · A General Plan Amendment is required, changing the use from Commercial to a mixed Commercial/Low to Medium Density Residential. · Staff recommends that the Commission recommend the issuance of a Mitigated Negative Declaration, adoption of a Resolution recommending approval of a General Plan Amendment, adoption of a Resolution recommending approval of a Planned Development Permit and adoption of a Resolution recommending approval of a Tentative Subdivision Map. · Condition No. 6 will be revised to require maintenance of the landscaping but not the buildings under the CC&R's. Homeowners will be responsible for maintenance of their respective units. Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on October 13, 1998. · SARC had a split vote on the proposed density and on support for this project. Chairman Lowe opened the Public Hearing for Agenda Item No. 1. Mr. John Johnson, Pulte Homes: · Advised that they had listened closely to the Planning Commission's recommendations at the last PC meeting and has made changes to meet those concems. · Stated that two of the three new houses on Llwellyn now face the street. · Stated that more of the Courtyard Plan models are proposed. · The back yards of those units along San Tomas Expressway have been increased in size. · Said that the hotel parking has been increased. · Advised that there will be 18 foot driveways for all but one of the total 43 units. · Asked the Commission for its approval. · Stated that they agree with all of the Conditions of Approval. Planning Commission Minutes of October 27, 1998 Page 5 Commissioner Francois commended Mr. Johnson for their project. He questioned the height of the sound wall at San Tomas Expressway and Hamilton Avenue. Mr. Steve Piasecki advised that the reduction in height was acceptable in that the higher height was not necessary as the wall approached that intersection. Commissioner Meyer-Kennedy asked how close to the street Unit #43 is situated. Mr. John Johnson advised that it has been brought to his attention by staff that this unit is too closed to the street. They will be working with staff to move some houses around to correct this matter. Mr. Jim Hanson, Vice President, Larkspur: · Stated that they are supportive of this project and the Conditions of Approval. · Said that they are prepared to work to make this happen. Commissioner Gibbons stated that she is pleased with the project. Encouraged the applicants to eliminate the 14 foot long parking spaces now that additional spaces are available. She questioned the wisdom of sharing a driveway with Jack-In-The-Box. Mr. Jim Hanson stated that they have no problem with the shared driveway. Mr. John Johnson advised that Jack-In-The-Box has rights for use of that driveway. Commissioner Lindstrom stated that the applicants have done a wonderful job and that he is in support of this project. Commissioner Francois agreed, commending the applicants and stated that he is in support of the project. Commissioner Jones stated that while the applicants have taken a good step in the right direction, he cannot support the density of this project. Commissioner Meyer-Kennedy stated that she agreed with Commissioners Lindstrom and Francois and will support this project. Commissioner Francois stated that these homes will be selling in the $400,000's and will require two incomes to support. These buyers do not want yards and the maintenance yards require. Advised that he has recently purchased such a property in Santa Rosa. The units with the smallest yards are selling the quickest in that development. Commissioner Gibbons stated that she is pleased with the project and will support it as proposed. Planning Commission Minutes of October 27, 1998 Page 6 Chairman Lowe questioned whether the property could be developed at a higher density if this project were to fail and townhomes be proposed. Mr. Steve Piasecki advised that with a General Plan Amendment, that scenario could be possible. Chairman Lowe stated that he shared Commissioner Jones' concern regarding the side yard setbacks. Said that he appreciates the quality of the proposed project but is rather undecided as to whether he can support it. Chairman Lowe closed the Public Heating for Agenda Item No. 1. Commissioner Jones sought clarification that if the General Plan Amendment changes are implemented and this project does not obtain approval, is a higher density project possible. Mr. Steve Piasecki said that a higher density project could be a possibility. However, such a project would still require review and recommendation by the Planning Commission and ultimate approval by Council. Neither the Commission nor. Council supports very high density projects. Advised that as proposed, this'project is not pushing the density range. Commissioner Gibbons advised that projects are usually developed at a lower range than the highest available in a range. Commissioner Lindstrom advised that staff helps ensure this. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Meyer-Kennedy, the Planning Commissioner recommended that Council adopt a Mitigated Negative Declaraion, adopted Resolution No. 3194 recommending approval of a General Plan Amendment (GP 98-01) changing the Land Use from Commercial to a mixed Commercial/Low to Medium Density Residential; adopted Resolution No. 3195 recommending approval of a Planned Development Permit (PD 98-03) to allow a 43-1ot single family residential development and a ll6-room hotel; and adopted Resolution No. 3196 recommending approval of a Tentative Subdivision Map (TS 98-01), by the following roll call vote: AYES: Francois, Gibbons, Lindstrom, Meyer-Kennedy NOES: Jones, Lowe ABSENT: Kearns ABSTAIN: None Chairman Lowe advised that this item will go before Council at its November 17, 1998, meeting. Commissioner Lindstrom stated that the applicants have done an excellent job for the City of Campbell. Planning Commission Minutes of October 27, 1998 Page 7 Chairman Lowe called for a break at 8:05 p.m. Chairman Lowe reconvened the meeting at 8:10 p.m. Chairman Lowe read Agenda Item No. 3 into the record. V 98-04/M 98-14 Storage USA Public Hearing to consider the application of Storage USA for approval of a Variance (V 98-04) and Modification (M 98-14) to a previously-approved Site and Architectural Permit (S 96- 16) to allow a wooden fence in lieu of a masonry wall at the property line from any adjacent residentially zoned properties as required by the M-1-S (Light Industrial) Zoning Ordinance on property located at 50-110 Curtner Avenue in an M-1-S (Light Industrial) Zoning District. A Negative Declaration was previously approved for this project. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Ms. Aki Irani, Planner I, presented the staff report as follows: · Applicant is seeking a Modification and Variance to allow a wood fence in lieu of a masonry wall · In February, a Reinstatement of the original Site and Architectural Approval was granted by the Planning Commission. · The project site is located on the east side of Curtner Avenue, north of Camden Avenue and south of McGlincey Lane. · The zoning requires a masonry wall, not less than six feet in height, to separate an industrial use from residential uses. · Homes on Shamrock share a rear fence with the Storage USA site. · Construction was stalled as a result of an injunction by the Santa Clara Valley Water District. The District objects to the installation of a masonry wall as it would prevent maintenance of a water line by the SCVWD. · Wood fencing is proposed as an alternative with removable panels which would allow access to pipelines. SCVWD finds this alternative acceptable. · The proposal is consistent with the General Plan and Zoning designations for the site with the issuance of a Variance. · The City Attorney has advised staff that the Condition requiring written signatures of the five adjacent residential property owners is improper and must be removed from the Conditions of Approval. Commissioner Gibbons asked if the residents have been contacted. Planning Commission Minutes of October 27, 1998 Page 8 Ms. Aki Irani replied that the effort has been made. Four of the five owners have agreed to the alternative fencing. The fifth is out of state and has not responded to written requests. Staff sent plans for the proposed fencing to all five residential property owners. Commissioner Jones presented the Site and Architectural Review Committee report as follows: SARC met on October 13* and is in favor of this alternate fencing plan as long as the residents had no objections and as long as Storage USA is held accountable for any on-going maintenance of the fencing. Chairman Lowe sought clarification that the residences have been property notified. Ms. Aki Irani advised that the regular 300 foot notices were mailed as well as plans having been provided to the adjacent residential property owners impacted by the fencing plan. Chairman Lowe opened the Public Hearing for Agenda Item No. 3. Mr. George Getgen, Applicant: Advised that the Water District recognized obstacles at a late date in the process, when the final Parcel Map was underway. · There will be no physical load on the pipe as the concrete posts will be offset. The fence will be a movable fence. · They have obtained the support of four of the affected property owners but had no success reaching the fifth. · Advised that this project and site would be undevelopable if a masonry wall is required. Mr. Watie Anthney, 1057 Shamrock Drive, Campbell: · Advised that his property is on the northem property line of the Storage USA site. · Said that the applicants have done a wonderful job. · Advised that the fifth property owner resides in Arizona and really doesn't care. · Expressed concern about drainage onto his property since the project site is on higher ground. Mr. George Getgen: · Stated that surface water would drain onto the street. · The differences in the grade of the properties is an existing condition. · No runoff is expected as the area separating the two properties will be landscaped and water should percolate to the ground. Chairman Lowe asked what kind of landscaping would be used. Mr. Geroge Getgen advised that trees, shrubs and groundcover would be incorporated. Commissioner Gibbons advised that the paving will not drain into the landscaping but rather runs off into the street. Planning Commission Minutes of October 27, 1998 Page 9 Chairman Lowe asked if mitigation is recommended. Mr. Steve Piasecki advised that Condition of Approval No. 6 speaks to site drainage. Chairman Lowe asked if this sufficiently met Mr. Anthney's concerns. Mr. Watie Anthney replied that it did. Chairman Lowe closed the Public Hearing for Agenda Item No. 3. Commissioner Lindstrom volunteered to go to Arizona to speak with the fifth property owner. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Meyer- Kennedy, the Planning Commission adopted Resolution No. 3197 approving a Variance (V 98-04) with the elimination of Condition No. 6 requiring written approval by the adjacent property owners and adopted Resolution No. 3198 approving a Modification (M 98-14) to a previously-approved Site and Architectural Approval to allow a wooden fence in lieu of a masonry fence separating the Storage USA site from its adjoining residential neighbors, on property located at 187 E. Sunnyoaks Avenue, by the following roll call vote: AYE S: NOES: ABSENT: ABSTAIN: Francois, Gibbons, Jones, Lindstrom, Lowe, Meyer-Kennedy None Kearns None Chairman Lowe advised that this action is final unless appealed in writing to the City Clerk within 10 days. Chairman Lowe read Agenda Item No. 4 into the record. 4. V 98-03 Carter Public Hearing to consider the application of John and Lynn Carter for approval of a Variance (V 98-03) to the required 8- foot side setback or the 25-foot front setback to allow a four foot addition to either side or the front of the garage to encroach four feet into the required setback on property located at 1511 Theresa Avenue in an R-l-8 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Planning Commission Minutes of October 27, 1998 Page 10 Ms. Barbara Schoetz Ryan, Planner I, presented the staff report as follows: · The applicants are seeking a Variance to allow an addition of a two-car garage attached to the home located at 1511 Theresa Avenue. The property is zoned R-l-8 and is surrounded by single family residences with the exception of Capri School. · A Variance is requested to allow a five foot, six inch side yard setback rather than the eight foot setback required. · A second alternative proposed was to allow a front yard exception to allow a 21 foot front setback rather than the required 25 feet. · The property is sufficiently large to accommodate a detached two-car garage at the rear of the property but this option would require the removal of three mature trees. · The findings required for a Variance include: · That the literal translation of the zoning would create a hardship. · That the property owner would be deprived of a right that the majority has. · That there are circumstances exceptional to the property. · That the Variance would not offer a specific privilege to this property. · That the Variance would not be detrimental to the surrounding properties. Surveying the area, there are approximately 60 properties with attached two-car garages. Seventy eight (78%) percent of them have lot widths larger than the subject parcel. Staff finds that most properties in the area can install a detached garage without impacting mature trees. Staff can recommend a reduced side yard setback Variance but recommends denial of the front yard setback Variance. SARC reviewed this project on October 13th and was supportive of the side yard Variance but not the front yard Variance. They did not forward a recommendation believing that the entire Commission should study this issue. This project is exempt from CEQA review. Chairman Lowe asked if the existing garage would be torn down and rebuilt. Ms. Barbara Ryan advised that this is an addition not a complete rebuild. Commissioner Jones presented the Site and Architectural Review Committee report as follows: · SARC met on October 13th and was in support of the side yard setback Variance but not the front yard setback Variance as long as the adjacent neighbor had no objection. Chairman Lowe opened the Public Hearing for Agenda Item No. 4. Ms. Lyrm Carter, 1511 Theresa Avenue: · Provided a letter signed by their neighbors to the south in support of their Variance. Chairman Lowe closed the Public Hearing for Agenda Item No. 4. Planning Commission Minutes of October 27, 1998 Page 11 Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3199 approving a Variance (V 98-03-A) to allow a 5 foot, 6 inch side yard setback to allow the expansion of a garage and Resolution No. 3200 denying a Variance (V 98-03- B) to allow a 21 foot front yard setback on property located at 1511 Theresa Avenue, by the following roll call vote: AYES: Francois, Gibbons, Jones, Lindstrom, Lowe, Meyer-Kennedy NOES: None ABSENT: Kearns ABSTAIN: None Mr. Steve Piasecki advised that this approval is final in 10 days unless appealed in writing to the City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented. ADJOURNMENT The Planning Commission meeting adjourned at 8:38 p.m. to the Planning Commission meeting of November 10, 1998, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: ATTEST: Dennis' Lo~air Steve Piasecki, Secretary