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PC Min 07/08/1997CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JULY 8, 1997 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of July 8, 1997 was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairwoman Kearns, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Commissioner: Commissioner: Commissioner: Commissioner: Susan A. Keams I. Bud Alne Elizabeth Gibbons (arrived 7:37) Brad Jones Jane Meyer-Kennedy Commissioners Absent: Vice Chair: Commissioner: Dennis Lowe Mel Lindstrom Staff Present: Community Development Director: Planner I: Planner I: City Attorney: Reporting Secretary: Steve Piasecki Aki Irani Gloria Sciara William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Alne, seconded by Commissioner Jones, the Planning Commission minutes of June 24, 1997, were approved. (2-0-3-2; Commissioners Lindstrom and Lowe were absent, Commissioner Gibbons arrived after the vote and Commissioners Meyer-Kennedy and Kearns abstained as they were not in attendance at the June 24, 1997, meeting.) Planning Commission Minutes of July 8, 1997 Page 2 COMMUNICATIONS. There were no communication items. AGENDA MODIFICATIONS OR POSTPONEMENTS Mr. Steve Piasecki, Community Development Director, advised that the applicant for Agenda Item No. 1 (Ted Boms, 80 Dot Avenue) has asked for a continuance to the July 22, 1997, meeting. Agenda Item No. 1 was continued at the request of the applicant. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairwoman Keams read Agenda Item No. 2 into the record. 2. M 97-09 (UP 95-18) Kirkorian, J. Public Hearing to consider the application of Mr. John Kirkorian, on behalf of Kirkorian Developments, for approval of a Modification (M 97-09) to a previously-approved Conditional Use Permit (LIP 95-18) to allow a general liquor license in conjunction with a restaurant use, Pedro's Cabo Grill, on property located at 1700-1710 W. Campbell 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. Gloria Sciara, Planner I, presented the staff report as follows: · Applicant is seeking a Modification to a Use Permit approved in June 1996. The original Use Permit allowed beer and wine sales in conjunction with the Mexicali Market. · This restaurant is being taken over by Pedro's, which operates a restaurant in downtown Los Gatos. · The proposed operating hours remain the same, closing at 11 p.m. · There is no separate bar area but the applicant wishes to offer full liquor service with food service. · This is considered a minor and compatible change which staff recommends the Commission approve. Commissioner Gibbons asked about outdoor seating. Ms. Gloria Sciara advised that outdoor seating is already permitted under a previous approval. Commissioner Gibbons asked if liquor would be served at the outdoor tables. Planning Commission Minutes of July 8, 1997 Page Ms. Gloria Sciara replied that liquor would be served with meals to the customers dining at the outdoor tables. Commissioner Gibbons asked if similar service was available elsewhere. Ms. Gloria Sciara replied that Nonno's Pizza also serves alcohol with meals at its outdoor tables. Chairwoman Keams opened the Public Hearing for Agenda Item No. 2. There were no parties interested in speaking about Agenda Item No. 2. Chairwoman Kearns closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Alne seconded by Commissioner Meyer- Kennedy, the Planning Commission adopted Resolution No. 3097 approving a Modification to a previously-approved Conditional Use Permit to allow a general liquor license in conjunction with a restaurant use, Pedro's Cabo Grill, on property located at 1700-1710 W. Campbell Avenue, by the following roll call vote: AYES: Alne, Gibbons, Jones, Kearns, Meyer-Kennedy NOES: None ABSENT: Lindstrom, Lowe ABSTAIN: None Mr. Steve Piasecki, Community Development Director, suggested that a formal motion be made to continued Agenda Item No. 1 to the meeting of July 22, 1997. Motion: Upon motion of Commissioner Meyer-Kennedy seconded by Commissioner Alne, the Planning Commission continued consideration of Agenda Item No. 1, for the Reinstatement (R 97-01) of a previously approved Planned Development Permit (PD 90-06) and the Modificiation (M 96-12) to a previously-approved Tentative Subdivision Map (TS 94-01) to allow a five unit townhome project on property located at 80 Dot Avenue in a PD (Planned Development) Zoning District, to the Planning Commission meeting of July 22, 1997. (5-0-2; Commissioners Lindstrom and Lowe were absent.) Chairwoman Keams read Agenda Item No. 3 into the record: Planning Commission Minutes of July 8, 1997 Page 4 PM 97-06/ PD 97-01 Shakeri, O. Public Heating to consider the application of Mr. Omid Shakeri for approval of a Parcel Map (PM 97-06) to create a rear flag lot and a Planned Development Permit (PD 97-01) to construct two detached townhomes on property located at 105 Sunnyside Avenue in a PD (Planned Development) Zoning District. This project is Categorically Exempt. 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 Planned Development Permit and Parcel Map to divide property and construct two detached townhomes. · The proposed front lot consists of 4,500 square feet with a proposed approximately 2,900 square feet. · The proposed rear lot consists of 3,800 square feet with a proposed approximately 2,600 square feet. · There is a 12-foot wide driveway easement. · The Zoning Designation is Planned Development. · The General Plan calls out for 6-13 units per acre. · The proposed project falls within the density. · There is an inconsistency with the Downtown Neighborhood Development Policies which call out for a 1 O-foot landscaping buffer in front of each unit. The rear unit has only five feet of landscaping in front of that unit. · There is a parking deficiency. The parking ratio for a townhome project is 3.5 spaces per unit or a total of 7 required for this project. The applicant is proposing four covered parking spaces which results in a deficit of three spaces. · Staff is not supportive of this project as the proposed structures are too large for the lots, resulting in 39% lot coverage. The Floor Area Ratio is .64 which is higher than any FAR of projects recently constructed in this neighborhood. · The design is massive with unnecessary features. · Staff is not opposed to the concept of development on this site but is opposed to the current proposal as it does not meet the basic policies and requirements for the site. · Staff recommends that the Commission recommend that Council deny approval of the Parcel Map and Planned Development Permit. structure of structure of Commissioner Gibbons asked what Planned Development Projects have been constructed on this street? Ms. Aki Irani advised that the same developer (Mr. Shakeri) constructed four homes on the street with a FAR of .62. Commissioner Gibbons asked whether that project met the parking requirements? Planning Commission Minutes of July 8, 1997 Page Ms. Aki Irani replied that she believed so. She gave other FAR's for recent projects including one on Rincon (.59); 100 N. Harrision (.56) and Central Avenue (.60). Commissioner Alne asked if this project is permitted, would it be at odds with other recent approvals in the area? Ms. Aki Irani reiterated that this project is not consistent because of the parking and landscaping deficits. Chairwoman Keams advised that there is no formal SARC recommendation as there was no quorum. However, the concern was expressed regarding unnecessary architectural features and size and massing of the homes. Chairwoman Kearns opened the Public Hearing for Agenda Item No. 3. Mr. Omid Shakeri, Applicant, 1797 W. Campbell Avenue: · Advised that he entered into contract to buy this parcel several months ago and immediately spoke with City staff. · Issues important to staff include a strong porch and the front door facing the street. · Three weeks after he submitted his plans, he was told that his structures were too large and staff asked that he reduce the FAR to .45. However, this is the STANP ratio. There is no required FAR in the Downtown Neighborhood Guidelines. · In today's market, this is not a feasible project if the square footage is reduced. · The project going in on Harrison has a much higher density with 1,600 to 2,000 square foot structures being built on 1,300 to 1,800 square foot lots. · Stated that he has done several things to address the massing of the buildings including shrinking the frontage, with a very strong one-story element in the front unit. · Advised that his proposed units are of a Craftsman style. · Said that the building has been designed in an L-shape to hide the garage which is the reason why they cannot provide the 10 foot landscaping in the front. · Advised that they changed the materials of the rear unit to ensure that they differed from their other project down the street. · Stated that the neighbors are supportive and comfortable with this project. Commissioner Alne asked for clarification. Was Mr. Shakeri stating that compliance with the Ordinance makes the project infeasible? Mr. Omid Shakeri stated that was correct. Commissioner Alne stated that a single unit on the site was feasible. Planning Commission Minutes of July 8, 1997 Page 6 Mr. Omid Shakeri replied that they have paid a lot for the land. Therefore, they need the square footage for the residences to pay for the land. Commissioner Alne asked if Mr. Shakeri was asking to relax the requirements? If not, what would happen? Mr. Omid Shakeri:· Advised that they will simply rent out the existing unit if they cannot build this project. · Stated that they have met all criteria. · While they could have placed three units on site, they elected to build two larger units. · Advised that they have done a lot in the design of these units. · Stated that they built a similar project just down the street which has enhanced the neighborhood. · Compared the parking required for single-family dwellings which is two spaces. Townhomes require three and a half spaces, a requirement more necessary for large developments rather than his two unit development. Two units is not significant and street parking is available. Commissioner Alne reminded Mr. Shakeri that he was missing both parking and landscaping requirements. Mr. Omid Shakeri stated that they meet the requirement for usable open space but do not meet the 40% overall landscaping requirement. Commissioner Gibbons figured that with 60% coverage, approximately 5,200 square feet in total could be built. The proposed project consists of 5,530 square feet. The issues are size of buildings, FAR, landscaping and parking. The project would have to be reduced by 10% to meeting landscaping requirements. Mr. Steve Piasecki, Community Development Director, advised that the project needs to be exemplary, meeting the minimum requirements, well designed and with ample landscaping. This project is over-sized, too massive. Commissioner Gibbons asked about the neighbors in relation to the second story windows. Ms. Aki Irani replied that the site is surrounded by both single-family residences and an apartment complex. Commissioner Gibbons asked about parking in the area. Ms. Aki Irani answered that there appears to be no parking problem during the daytime hours. In a single-family residence, typically, in addition to the two required covered spaces, there is Planning Commission Minutes of July 8, 1997 Page 7 usually parking directly in front of the garage. In this project, no parking will be permitted in the driveway as it would block rear lot access. Mr. Gary Bassett, 37 Sunnyside Avenue: · Stated that he felt this is a very classy development. · Advised that his home is part of Mr. Shakeri's last development on Sunnyside. · The neighbors appreciate his home and the development project in which it is located. · Stated that the neighborhood can handle this project. · This is a quiet neighborhood. · At night only ¼ of the available street parking is used. During the daytime, there is little street parking occurring. · This project will enhance the neighborhood. Chairwoman Keams closed the Public Heating for Agenda Item No. 3. Commissioner Alne: · Stated that clear cut reasons are required to deviate from the rules. It is not the job of the Commission to reason why standards are in place but to apply them. · The applicant has not given any reason to deviate other than to make more money from the site. No overriding considerations have been provided. · Stated that he cannot support this project and will support staff's recommendation to deny. Commissioner Gibbons asked why this is not a Variance application? Mr. Steve Piasecki advised that this is in a Planned Development Zone. Commissioner Alne added that the PD Zone allows the City to deviate from its standards in exchange for an overwhelming benefit to the City. No such benefit is proposed. Commissioner Gibbons commended the quality and design of the project but expressed concern that it was too much. She too will support denial. Commissioner Meyer-Kennedy stated that this project can be done right. Is there no room for a continuance? Mr. Steve Piasecki advised that if the applicant is willing to redesign the project a continuance is possible. However, the applicant wanted to go forward. Chairwoman Keams re-opened Public Hearing No. 3. Commissioner Meyer-Kennedy asked if Mr. Shakeri had any interest in redesigning the project or did he prefer that the Commission deny the project this evening? Planning Commission Minutes of July 8, 1997 Page 8 Mr. Omid Shakeri: · Stated that if the square footage alterations. If not, he is not. is close to what he has proposed, he would consider Chairwoman Keams re-closed Public Hearing No. 3. Chairwoman Keams asked what size the structures would have to be? Commissioner Gibbons stated that the footprint would have to be reduced by approximately 800 square feet. Mr. Steve Piasecki advised that staff would support a basement or living space under the roof line. Commissioner Alne asked if one or two motions were required? City Attorney William Seligmann advised that the applications could be combined. Commissioner Gibbons asked how high the ceilings are? Ms. Aki Irani replied they are a standard 8 feet high. Motion: Upon motion of Commissioner Alne seconded by Commissioner Meyer- Kennedy, the Planning Commission adopted Resolution No. 3098 recommending denial of a Planned Development (PD 97-01) to construct two detached townhomes and Resolution 3099 recommending denial of a Parcel Map (PM 97-06) to create a rear flag lot; on property located at 105 Sunnyside Avenue, by the following roll call vote: AYES: Alne Gibbons, Jones, Kearns, Meyer-Kennedy NOES: None ABSENT: Lindstrom, Lowe ABSTAIN: None Chairwoman Keams read Agenda Item No. 4 into the record: 4. PM 97-04/S 97-14 Townsend, J. Public Hearing to consider the application of Mr. John Townsend for approval of a Parcel Map (PM 97-04) to create a rear flag lot and a Site and Architectural Approval (S 97-14) to allow the construction of a single-family residence on property located at 1434 Capri Drive in an R-l-10 (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 July 8, 1997 Page 9 Ms. Aki Irani, Planner I, presented the staff report as follows: · Applicant is seeking approval of a Tentative Parcel Map to create a rear flag lot and a Site approval to construct a new residence. · Site is located on the east side of Capri, south of Chapman. · An administrative hearing was held on June 4~h. Subsequent to that hearing, the driveway was moved to the north side of the property. · This project is exempt from CEQA. · The project is consistent with the General Plan, Zoning and San Tomas Area Neighborhood Plan. · The fi'ont lot will consist of 10,440 square feet and the rear lot will consist of 11, 994 square feet. · The existing house on the property will remain and meets setbacks with the exception of the garage which will be removed and replaced with a carport. · Staff is supportive of the project with minor revisions to the elevations as this house as submitted was identical to the house built by this applicant on the adjacent property. Applicant will install alternate window shapes and architectural features. Chairwoman Keams asked about Condition No. 13. Ms. Aki Irani advised that a deferred street improvement agreement would be required as this is a minor collector street. Commissioner Gibbons asked if dry wells were allowed in the City? Ms. Aki Irani replied that no other City departments placed requirements relating to dry wells. Said that she would double check. Commissioner Gibbons wondered if the parcels were bought separately or together? Ms. Aki Irani replied that she was not sure although this applicant did own the adjacent parcel to the south. Chairwoman Kearns again advised that SARC did not have a quorum. She advised that alternate decorative features would be desirable. The applicant agreed to this change. Commissioner Meyer-Kennedy asked if this was incorporated into the Conditions of Approval? Ms. Aki Irani replied that it was. Commissioner Alne asked about the provision for sidewalks? Planning Commission Minutes of July 8, 1997 Page Mr. Steve Piasecki advised that as this street is a minor collector, a deferred street improvement agreement would be required. Chairwoman Keams opened the Public Heating for Agenda Item No. 4. Mr. Mike Simmermacher, 1458 Capri Drive: Said that he has no objections to the new house being built. Expressed concerns about the serious traffic problem on this street, particularly the speed and density of vehicles. · Stated that it appears that "acceleration runs" are being conducted on this street from the transmission shops along Winchester. · Asked if this was an appropriate forum and time to discuss these problems? · Said that a neighbor has discussed these concerns with Peter Eakland to no avail. · Asking to restrict the flow of traffic on Capri. · These problems should be taken seriously. · Can these problems be tied to this development? Thought he would try. Commissioner Alne asked if these conditions existed a year ago. Mr. Simmermacher replied they did exist a year ago. Commissioner Gibbons asked if the Traffic Engineer or Police were able to help? Admitted to having the same problem on her street. The use of the speed van and radar help alleviate the problem. Mr. Steve Piasecki advised that the Council could be directed, as part of the work program, to reevaluate the San Tomas Area Neighborhood Plan and perhaps downgrade Capri from a minor collector. Mr. Simmermacher would want to direct a letter to the mayor addressing this concern. Mr. John Townsend, Applicant, 66 Cherry Lane: · Advised that he has worked with staff to come up with the design. · Although both units cannot be seen at the same time, he has made the requested changes to the elevations of the rear unit so that it differs from the rear unit on the adjacent parcel. · Admitted that he shares the neighbors' concerns about traffic on Capri. · Working with the neighbors to downgrade the street in the STANP might be a good solution. · Stated that (in response to question posed earlier by a Commissioner) he bought the two adjacent pieces of property separately. · Said that he would be available for any questions. Mr. Gary Kohlsaat, Project Architect: Planning Commission Minutes of July 8, 1997 Page 11 · Stated that following SARC, the palladium window was changed to a bay window. There was the introduction of a stone veneer, wainscoting and color change. · These changes should address the concerns of SARC. Chairwoman Keams closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Alne seconded by Commissioner Meyer- Kennedy, the Planning Commission adopted Resolution No. 3100 approving a Parcel Map (PM 97-04) to create a rear flag lot; and Resolution 3101 approving a Site and Architectural Approval (S 97-14) to construct a single family residence on property located at 1434 Capri Drive, by the following roll call vote: AYES: Gibbons, Jones, Kearns, Alne, Meyer-Kennedy NOES: None ABSENT: Lindstrom, Lowe ABSTAIN: None Chairwoman Keams read Agenda Item No. 5 into the record: 5. UP 97-05 Gonzales/Seeds Public Hearing to consider the application of Billy and Amy Gonzales and Gail Seeds for approval of a Conditional Use Permit (UP 97-05) to allow a 640 square foot secondary living unit on property located at 574 Kenneth Avenue in an R-l-10 (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. Aki Irani, Planner I, presented the staff report as follows: · Applicant is seeking approval of a secondary living unit to include one bedroom, a kitchen and bathroom. · This unit will not be visible from the public right-of-way. · This project is Categorically Exempt. · Unit is a prefabricated, one-story unit. · Staff is supportive of this project with the added requirement that the vertical masonite siding underneath the gable be replaced with horizontal masonite siding. Commissioner Gibbons asked if the turf ring is being counted as landscape area? Ms. Aki Irani replied that this is being used as a result of a Fire Department requirement and is counted as landscaping coverage. Planning Commission Minutes of July 8, 1997 Page 12 Chairwoman Keams advised that SARC reviewed the project (without a quorum) and had no concerns with the exception of the suggested change from vertical to horizontal siding. Chairwoman Keams opened the Public Hearing for Agenda Item No. 5. Mr. David Fox, Applicants' Representative, 230 Almendra: · Stated that he was available for questions. · Asked for clarification regarding Condition No. 13 which requires the undergrounding of utilities. Does this requirement mean from where the utilities drop from the pole or when they begin on site. Commissioner Alne asked about restrictions on occupants. City Attorney William Seligrnann stated that one unit must be owner-occupied. Commissioner Alne asked Mr. Fox if he had any concerns regarding the Park Fee? Mr. David Fox stated that the fee is high and represents 25% of the cost of the project. Mr. Steve Piasecki advised that Council took up the issue of Park Impact Fees and concluded that secondary living units would be treated the same as apartments. Even the elderly parents, for whom many granny units are developed, use parks. The fee is half the fee for a single family dwelling. It is doubtful that Council will change it at this point although Mr. Fox can ask Council to consider a reduction. Mr. David Fox asked again about the undergrounding of utilities requirement. Mr. Steve Piasecki advised that it includes any connections from pole to property. Mr. David Fox advised that the cost to install a pole close to the property is $27,500. Mr. Steve Piasecki suggested that language could be added to the Condition No. 13 that states that "the burden can not be more than the cost to underground the utilities on the property." Mr. David Fox asked whether they could take utilities along the existing line and drop onto the property and underground onto the property. Commissioner Alne stated that common sense has to prevail. Mr. Steve Piasecki stated that if the Public Works Department does not have the authority to remove this condition, Council can review. Mr. David Fox Planning Commission Minutes of July 8, 1997 Page 13 · Asked that the requirement for cable installation be removed as cable is not currently on the property nor are the property owners interested in installing cable. · Stated that they are willing to switch from vertical to horizontal siding. Chairwoman Kearns closed the Public Hearing for Agenda Item No. 5. City Attorney Seligmann pulled the Municipal Code and determined that the City Engineer and Planning Director can grant an exception to the undergrounding of utilities requirement. The Planning Commission can waive the requirement altogether. A finding will be added that "the undergrounding of utilities under these conditions are infeasible and impractical." Motion: Upon motion of Commissioner Alne seconded by Commissioner Meyer- Kennedy, the Planning Commission adopted Resolution No. 3102 approving a Conditional Use Permit (UP 97-05) to allow a 640 square foot secondary living unit on property located at 574 Kenneth Avenue with the removal of Condition No. 13 (undergrounding of utilities) and removal of the final sentence in Condition No. 14 (eliminate the requirement to install cable service), by the following roll call vote: AYES: Alne Gibbons, Jones, Kearns, Meyer-Kennedy NOES: None ABSENT: Lindstrom, Lowe 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: · The foundations are underway at 100 Harrision following the removal of two underground storage tanks. · The applicants for the Winchester Drive-In Site have not yet resubmitted their plans. · Rasputin Records cleaned up the weeds on their site and landscaping is underway. · The Percolation Ponds Project will be considered by Council on August 5, 1997. Commissioners Meyer-Kennedy and Kearns volunteered to substitute for the July l0th SARC meeting in place of Commissioners Alne and Lowe. ADJOURNMENT The Planning Commission meeting adjourned at 9:00 p.m. to the Planning Commission meeting of JUly 22, 1997, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. 1997 .~/? Page 14 Planning Commission Minutes of July 8, SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: ATTEST: Su~7.~Keam~r Steve ~'iasecki, ~e~re~ar~