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PC Min 06/10/1997CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. JUNE 10, 1997 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of June 10, 1997 was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairwoman Keams, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Commissioner: Commissioner: Commissioner: Commissioner: Susan A. Keams I. Alne Elizabeth Gibbons Brad Jones Mel Lindstrom Commissioners Absent: Vice Chair: Commissioner: Dennis Lowe Jane Meyer-Kennedy Staff Present: Community Development Director: Planner I: City Attorney: Reporting Secretary: Steve Piasecki Gloria Sciara William Seligrnann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Gibbons, seconded by Commissioner Jones, the Planning Commission minutes of May 27, 1997, were approved with minor corrections with the exception of Resolutions 3089 through 3092 (Campbell Technology Park) for which revised findings will be prepared by staff. These Resolutions will be returned to the Commission for review and approved at the June 24, 1997, meeting. (5-0-2; Commissioners Lowe and Meyer- Kennedy were absent.) Planning Commission Minutes of June 10, 1997 Page 2 COMMUNICATIONS. 1. Revised Conditions of Approval for Agenda Item No. 1 were distributed. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS Commissioner Jones (who stepped down from the dais to address the Commission at the Speaker's Microphone): · Expressed concern about the fate of the Winchester Drive-In Site and the decision-making process. · Advised that Councilmember Dougherty has suggested that a study of the available open space opportunities in Campbell be conducted before the Winchester Drive-In Site is sold. · Admitted that he is "on the record" as saying that the Winchester Drive-In Site is not the best place for a park. However, if it is the only place available for a park, maybe it should be a park. · Stated that he hoped that Council, in reading these minutes, will consider a study of the issue as a whole. Commissioner Alne (who also stepped down from the dais to address the Commission at the Speaker's Microphone): · Stated that he concurs with Commissioner Jones' comments. · Expressed that an adequate review is necessary. · Said that he will support a rational, well thought out conclusion PUBLIC HEARING Chairwoman Keams read Agenda Item No. 1 into the record. 1. S 97-11 Behrouzian, B. Public Hearing to consider the application of Mr Behrouz Behrouzian for a Site Approval (S 97-11) to allow the construction of a new single-family residence on property located at 1689 Walters Avenue in an R-l-9 (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. Ms. Gloria Sciara, Planner I, presented the staff report as follows: · Applicant is seeking a Site Approval for a new single family dwelling. · The proposal is for a two-story home to be located at 1689 Walters Avenue, located between Harriet and Hacienda Avenues. · The San Tomas Area Neighborhood Plan (STANP) allows this property to be developed according to the R-l-6 Development Standards. Planning Commission Minutes of June 10, 1997 Page 3 · The proposed residence conforms with setbacks, scale and traditional design standards of the area. · The project is consistent with Zoning. · Setbacks on either side of the home will be 14 feet and 12 feet to the front and rear. The applicant will be installing three additional trees on the site as well as retaining the five existing trees on the site. · The home has been designed to minimize the impacts on privacy to adjoining residences caused by second-story windows as only the master bedroom and bath windows overlook the neighboring properties. · Advised that the Conditions of Approval distributed this evening have been revised to include specific conditions from the Public Works Department. · No curbs or gutters will be required. · SARC reviewed the project and will present its report. Commissioner Lindstrom asked if the applicant has seen the revised conditions. Ms. Gloria Sciara answered that he had. Commissioner Alne: · Compared Condition No. 4 which calls out the actual Storm Drain Fee in comparison to Condition No. 10 which does not call out the specific amount to be charged. · Suggested clarification on Condition No. 9 to state that the City Engineer will ensure that the STANP standards are met. Ms. Gloria Sciara suggested that Condition No. 9 could be removed altogether. Commissioner Alne said to keep it in and to clarify Condition No. 10 with a specific dollar amount. Ms. Gloria Sciara suggested the following language for Condition No. 10: Applicant shallpay a Park Impact Fee of $10,990 or the current fee in effect at issuance of the Certificate of Occupancy by the Building Official. Mr. Steve Piasecki, Community Development Director, advised that if the applicant wanted to ensure that he pay the current fee rather than a potentially higher fee after July 1, 1997, the Park Impact Fee can be paid immediately. People with projects underway are notified if applicable fees are to be raised. Commissioner Alne again said to spell the fee out in the Conditions. Commissioner Lindstrom stated that he agreed. Planning Commission Minutes of June 10, 1997 Page 4 Commissioner Lindstrom presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project thoroughly and found that it matches the surrounding area. It fits in. · Houses in the area are diverse and this house is comparable with others. Chairwoman Keams opened the Public Heating for Agenda Item No. 1. Mr. Danny Cames, 1642 Walters Avenue: · Advised that he has lived in the area for 19 years. · Said that his grandfather sold this piece of land in the 1960's as a non-buildable lot. · Said that there is not enough parking to accommodate this residence. · Asked that this project go no further. Commissioner Alne asked staff to define "non-buildable." Ms. Gloria Sciara advised: · That a title report is part of the application packet. · The title report provides a description of the parcel and proves that this was a legally created lot in the County. · Advised that in 1992, the Commission granted a Site Approval for a single-family residence on this lot, however, it was never developed. Commissioner Alne asked when the lot was considered unbuildable. Ms. Gloria Sciara answered that staff has no evidence that the lot was ever considered unbuildable. Commissioner Gibbons asked when this parcel was annexed to Campbell from the County? Ms. Gloria Sciara replied that it was in the 1970's. Commissioner Gibbons mentioned an adjacent parcel of similar size. Is it developed? Ms. Gloria Sciara answered that it is developed. Commissioner Alne asked "what makes the lot unbuildable?" Mr. Steve Piasecki advised: · That staff is unaware that this lot was ever unbuildable. · Staff has accepted this lot as a legal lot of record. · A condition can be added to have the legality of the lot investigated again. Planning Commission Minutes of June 10, 1997 Page 5 Commissioner Alne asked if the City has any reason for concern at this time about the legality of this property. Ms. Gloria Sciara replied that there was no reason for concern. Mr. Steve Piasecki advised that there is more cause for concem if the City does not allow the building on this lot. Commissioner Lindstrom reiterated that the applicant has developed his home so that it does not impact the surrounding houses or is in any way intrusive. The home is 2,200 square feet. Ms. Gloria Sciara advised that perhaps Mr. Cames is confused by the term "legal non- conforming" applied to this property. Mr. Steve Piasecki suggested that if Mr. Cames has any evidence to substantiate his claim that this lot is non-buildable, he show submit it to Gloria for review. Mr. Gary Thompson, lives next door to 1689 Walters Avenue: · Advised that his 84-year-old father lives next to this property and used to own the property which he sold in the 1950's because the land could not be built upon. · Stated that this house will be intrusive and will be a "thom sitting there." · They were under the impression that once the existing structure on the site was demolished, there could never be another house built on this land. The long-time owner knew this and used the land to raise flowers. When she passed away, her daughter inherited the land and sold it. All the neighbors in the area felt that the site was unbuildable. Stated that the two-story structure will not fit in. · Suggested that this land be joined with an adjacent parcel so that a large enough lot is created to be built upon. · Asked to be notified of any other heatings on this project. Commissioner Alne asked if Mr. Thompson opposed this project? Mr. Gary Thompson replied "absolutely." The owners can grow flowers on the lot but it is totally wrong and illegal to build on this lot. Commissioner Alne asked why it is illegal to build on this lot? Mr. Gary Thompson answered that he had been told that once the foundation was removed, no building would be allowed on this site. Commissioner Lindstrom asked what size lot is behind the subject property? Planning Commission Minutes of June 10, 1997 Page 6 Ms. Gloria Sciara replied that the lot to the rear of the subject property is 30 x 160 feet. Commissioner Lindstrom asked if there was a home on this land? Ms. Gloria Sciara answered that there is a one-story residence on this property. Mr. Steve Piasecki advised that this property has not been researched. Commissioner Alne asked Ms. Gloria Sciara to assess the comments made by Mr. Cames and Mr. Thompson. Ms. Gloria Sciara advised that they have provided no factual information that she can address. Further information should be provided by these gentlemen. The title report describes this lot as a legal property. City Attorney William Seligmann stated that as the property has changed hands several times, it appears that there is the impression by these people that the lot is illegal. Commissioner Lindstrom stated that there is multi-family residential behind the subject property and two-story homes across the street. Ms. Gloria Sciara concurred. Commissioner Gibbons: · Suggested that the City can review any information that can be provided to prove the lot illegal. However, without such proof, the Commission does not have the option to change what is allowed to be built. · Stated that a condition can be added to verify that this is a legal lot. · Said that she would support such a condition. Commissioner Lindstrom concurred. Commissioner Alne stated: · That the Commission does have discretionary power to limit a structure to one-story and/or to require that the applicant build less than the maximum allowed. · There are many things the Commission can do if it is wise to do so. City Attorney William Seligmann informed the Commission that it is their purview to determine that a structure is compatible with the neighborhood and blends in with the rest of the community. Commissioner Gibbons asked if the Commission could limit the structure to one story. Planning Commission Minutes of June 10, 1997 Page 7 City Attomey William Seligmann advised that the Commission could do so with the appropriate findings. Mr. Behrouz Behrouzian, Applicant: · Advised that he checked County records and determined that the lot is legal. · The legality of the lot was also verified at time of escrow. · There is no record through the County that indicates that at any time this lot was illegal. · Stated that there are no flowers on the lot at this time and, in fact, there are few trees. They plan to keep the trees already on the eastern side of this lot and will plant four new trees on the western side of the lot. No trees will be removed to accommodate the driveway. · Advised that he and a neighbor will share the cost of removing and replacing an existing fence. This neighbor has expressed that he is happy to have this lot developed, preferring a house to a vacant lot next door. · Provided a color sample and advised that he will include double-glazed windows. · Advised that it is hard to compete with houses built in the 1930's and 1940's. · While his new home will occupy only 20% of his lot, some of the older homes actually cover up to 80% of their lots. Mr. Danny Cames: · Advised that his house was constructed in the 1930's. · Suggested that as a long time resident of the area, he has rights. · Stated that the proposed home does not fit within the neighborhood. · Said that he could support a smaller home on the site. · Again said that the lot is not compliant to be built upon unless it is enlarged. · The lot was sold several times because it could not be built upon. · Stated that he has a problem with a two-story structure. · Said that it is wonderful that all of the trees would be retained. Mr. Gary Thompson: · Stated that the long-time owner kept the lot cleaned up. Not much has been done to maintain the lot recently. The lot was sold on contingency of development approval. The square footage of this lot is too small to build a normal sized house. Finds the proposed home to be obtrusive and offensive. Commissioner Alne: · Stated that it is not unusual to find new homes being built next to 50-plus year old homes. This is a 6,000 square foot lot. This is not an unusual size house for this size lot in Campbell. · The house is appropriate. · New houses will be built over time on lots currently containing 50 year old homes. · This house includes 53% landscaping and plenty of parking. Planning Commission Minutes of June 1 O, 1997 Page 8 · There is no reason to object. · The house will match the neighborhood or the neighborhood as it will develop in the years to come as the older homes are demolished and rebuilt. · Stated that he is in support of the application, the findings and the conditions of approval. Chairwoman Keams closed the Public Hearing for Item No. 1. Motion: Upon motion of Commissioner Alne seconded by Commissioner Lindstrom, the Planning Commission recommended granting a Site and Architectural Approval to allow the construction of a new single-family residence on property located at 1689 Walters Avenue. Chairwoman Keams asked if the condition to verify the legality of the lot should be added? Commissioner Alne stated if staff says it is unnecessary, the condition should not be added. Mr. Steve Piascki reiterated his invitation to have evidence supporting the claim that this lot is illegal provided to staff. At the present time, there is no reason to believe the lot is illegal. Commissioner Gibbons asked where Mr. Cames and Mr. Thompson could go to verify information? The Public Works Department? Mr. Steve Piasecki stated that in addition to providing any evidence they might have to support their view that the lot was ever illegal, these gentlemen have the option to appeal the decision of the Commission to Council. They can ask Council to rule on any new information they may provide. Since the findings state that the lot is legal, the Commission should follow through on the findings. Commissioner Gibbons asked whether the Public Works Department verifies the legality of a lot? Mr. Steve Piasecki replied that they do. Commissioner Gibbons suggested that Mr. Cames and Mr. Thompson go to the County, bring whatever information they might have to the City and/or review the submittal made to the City. Mr. Steve Piasecki reminded that they have 10 days to appeal. Mr. Gary Tompson reapproached the podium so Chairwoman Keams reopened the Public Hearing. Planning Commission Minutes of June 10, 1997 Page 9 Mr. Gary Thompson: · Asked about the option of requiring only a one-story structure? · Again said that this project is out of place on a "weird little lot." Commissioner Gibbons stated that SARC has reviewed and accepts the house as proposed as being compatible to the area. Mr. Steve Piasecki added that the Commission understands Mr. Thompson's concerns regarding design and compatibility and again stated that an appeals process is available if he disagrees with the Commission's decision. The appeal is due to the City Clerk within 10 calendar days in writing. Mr. Gary Thompson asked if the lot is illegal, why not wait before approving the project. Mr. Steve Piasecki again said that according to all available records, the lot is not illegal. All the City has at this point is hearsay with no evidence to back it up. Mr. Gary Thompson said that no one has look into the legality of the lot. Mr. Steve Piasecki again stated that Campbell staff has reviewed and declared this lot to be legal. There is the 10-day appeal period. Commissioner Lindstrom stated: · That the Commission analyzes things, taking time to study issues. · If the Commission did not feel that this project met the STANP, it would not support the project. · Since they have taken time, researched and feel that a good job was done in planning this project, it is difficult to deny it. · Reminded that anyone who disagreed with the approval has the option to appeal. Mr. Gary Thompson advised that after living in the area 50 plus years, he deserves consideration. Stated that the period of appeal should be longer than 10 days, maybe 30 days. Commissioner Alne: · Stated that all who appear before the Commission are given consideration. · The decision is based upon a majority vote of the Commission. · If Mr. Thompson feels the decision made by the Commission is the wrong one, he has the opportunity to appeal. · If Mr. Thompson feels the appeal period is too short, it is set by law. Motion: Upon motion of Commissioner Alne seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution No. 3095 granting a Site and Architectural Approval to allow the construction of a Planning Commission Minutes of June 10, 1997 Page 10 new single-family residence on property located at 1689 Walters Avenue with the clarification of Condition No. 10 stating the actual Park Impact Fee of $10,990, by the following roll call vote: AYES: Alne, Gibbons, Jones, Kearns, Lindstrom NOES: None ABSENT: Lowe, Meyer-Kennedy ABSTAIN: None Chairwoman Keams read Agenda Item No. 2 into the record: 2. Appointment of Commissioner to Water Tower Committee Mr. Steve Piasecki, Community Development Director, presented the staff report as follows: · Phase I of the Water Tower renovation process has occurred with the painting of the tower. · Council would like to see Phase II underway, including the formation of a Water Tower Committee to decide upon some sort of Campbell ensignia to paint onto the tower. Commissioner Lindstrom suggested appointment of Commissioner Meyer-Kennedy since she is downtown all of the time. Commissioner Alne supported this nomination of Commissioner Meyer-Kennedy. Mr. Steve Piasecki suggested having a second choice in the event that Commissioner Meyer- Kennedy is unable to accept the appointment. Commissioner Lindstrom offered to serve as the second choice for this appointment. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following additions: · Informed that there is just one item on the next Planning Commission agenda. · Stated that an alternate Commissioner is needed for the June 12~h SARC meeting as Commissioner Lowe will still be out of town on business. Commissioner Lindstrom offered to attend SARC in Commissioner Lowe's place on Thursday, June 12th. Commissioner Alne asked for City guidelines on how the cost of public improvements is proportioned for a flag lot? Mr. Steve Piasecki suggested that a member of the Public Works staff be invited to explain that process. Planning Commission Minutes of June 10, 1997 Page 11 ADJOURNMENT The Planning Commission meeting adjourned at 8:52 p.m. to the Planning Commission meeting of June 24, 1997, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. ff/~,.-~, ~ SUBMITTED BY: ~ ,,,_~ l Co"'f~ A -Shinn, Recording Secretary APPROVED BY: ATTEST: