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PC Min 01/25/2005 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JANUARY 25, 2005 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of January 25,2005, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Gibbons and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Bob Alderete George Doorley Tom Francois Michael Rocha Bob Roseberry Commissioners Absent: Chair: Elizabeth Gibbons StatI Present: Community Development Director: Senior Planner: Associate Planner: Planner I: City Attorney Recording Secretary: Sharon Fierro Geoff I. Bradley Tim J. Haley Stephanie Willsey William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Francois, the Planning Commission minutes of January 11, 2005, were approved as submitted. (5-0-1; Chair Gibbons was absent) COMMUNICATIONS 1. Letter regarding Agenda Items 3 and 4. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of January 25,2005 Page 2 ORAL REQUESTS Mayor Jane Kennedy: . Advised that she has two missions this evening. . Stated that the first was to thank the Planning Commission for its work and that she is looking forward to working with the Commission this year. . Extended her congratulations by announcing that Commissioner Tom Francois has been selected as the 2004 Citizen of the Year by the Campbell Chamber of Commerce. . Recognized Commissioner Francois' many years of service, including many years as a reserve Campbell Police Officer, Planning Commissioner, business owner and active member of the community. Commissioner Francois expressed his thanks to all involved in selecting him for this honor, including Commissioner Doorley. He said that he is shocked and overwhelmed but grateful. Acting Chair Alderete stated that no one is more deserving than Tom Francois, who has always been driven to do what is best for his community. PUBLIC HEARING Acting Chair Alderete read Agenda Item No.1 into the record. 1 PLN2004-60 Malek, S. Public Hearing to consider the application of Mr. Safwat A. Malek, on behalf of the San Jose Saint George Coptic Orthodox Church, for a Conditional Use Permit (PLN2004-60) to allow an addition to an existing building and the expansion of use of the property as a public assembly use and a Tree Removal Permit (PLN2004-162) for the removal of one 30-inch diameter Palm tree on property owned by the San Jose Saint George Coptic Orthodox Church located at 395 W. Rincon Avenue in a P-F (Public Facilities) Zoning District. A Mitigated Negative Declaration has been prepared for this project. 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 existing 3,983 square foot, single-story commercial building is being used as a church. The site is located on the north side ofW. Rincon Avenue between Dot and S. Milton Avenues. . Stated that the General Plan Land Use designation is Institutional and the Zoning is P-F (Public Facilities). The current and proposed expanded use for public assembly is consistent with both the General Plan and Zoning for the property. . Described the Church as consisting of between 150 and 170 parishioners. No school is proposed as part of this use and no one will live on site. The use of the site typically occurs on weekends and holidays. Planning Commission Minutes of January 25,2005 Page 3 . Informed that the 87 parking spaces provided will exceed the required parking. While 12 percent landscaping is the minimum standard, 25 percent is provided. Said that one protected tree, a 30-inch diameter Palm, will be removed and replaced with a 36-inch box tree. Reported that several neighbors have expressed their concerns over privacy impacts. Added that the applicant is willing to mitigate their concerns by using either stain glass or sight obscuring glass on windows overlooking the adjacent residences on either side as well as adding additional screening landscaping to fill in any existing gaps. Said that the applicant is present and has a presentation. . . . . Commissioner Doorley asked what restricts the residential space on the second floor. Planner Stephanie Willsey replied that no one will live on site and that the Use Permit is for a church. Commissioner Rocha provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on January 11, 2005 and was supportive with no specific recommendations regarding the exterior elevations. . Added that SARC had recommended that the Church sponsor public meetings with its neighbors to go over the plans for this expansion. Acting Chair Alderete opened the Public Hearing for Agenda Item No I. Mr. Safwat Malek, Applicant and Project Architect: . Played a DVD that showed the proposed expanded and remodeled building on its site, superimposing the proposed building in place on the site as it would be seen from the street coming in both directions as well as when driving around the site itself. . Stated that this visual demonstration speaks for itself. . Said that they had sent letters to their neighbors inviting them to meet at the Church to see the plans. On Wednesday, five neighbors attended. On Thursday, two people attended. . Said he would reserve any further comments until after the others have spoken. Ms. Cathryn Buran, 357 W. Rincon Avenue, Campbell: . Identified herself as an adjacent neighbor to the Church. . Said that she purchased her home nine months ago due to its location within a quiet neighborhood. . Said that car alarms and people talking in the parking lot of the Church has occurred three times over the last couple of weeks, on a Thursday, Saturday and Tuesday. . Added that not everyone received the notice. . Expressed concern about construction and frequency of noise levels as this site is located right outside her master bedroom. . Added that this addition will take away some of her views. Ms. Kathleen Sexton, 433 W. Rincon Avenue, Unit A, Campbell: . Said that she is a neighbor to the site and has a list of concerns, including a yearlong construction project and noise impacts. Planning Commission Minutes of January 25,2005 Page 4 . Advised that she works from home and fears an increase in noise. . Stated that as the capacity of the church increases so too will the amounts of traffic. . Pointed out that this is a busy street already. . Said that the parking lot buts against her shared fence and is concerned that her ability to hear cars in this lot at night will increase. . Stated that this project has the potential to adversely impact the property values for her complex. . Said that the prevalent architectural style in the neighborhood is Spanish and that this Russian motif does not match. It appears big and bulky. Ms. Kerry Adkins, 429 W. Rincon Avenue, Unit E, Campbell: . Expressed her agreement with the noise impacts from the parking lot. . Said that the parking is right against the shared fence. . Said that the proposed addition of a second floor will block her views from her second floor master bedroom and that the new second floor of the Church will look into her bedroom. . Stated that the satellite dish may be impacted by the height of this building. . Opined that this proposed architecture does not look like this neighborhood as it is too ornate. . Suggested that this building may decrease property values in the neighborhood. . Pointed out that the Church does not currently live up to its own written schedule. . Read from the Municipal Code that states that projects should be compatible with adjacent land uses, saying that this project does not conform to that requirement. Mr. Shozo Kagoshima, 425 W. Rincon Avenue, Unit D, Campbell: . Said his property is located to the west of the Church, where he has resided for 18 years in this quiet neighborhood. . Said that the applicant provided a well done presentation of their proposal but this proposed building stands out in this mainly residential neighborhood. This new Church building would not fit in. . Said that there are potential parking issues as already when the Church has special events the parishioners park in his lot. . Added that this project will also impact street parking. . Said his issues are architectural compatibility, noise and parking impacts. Mr. Joe Torre, 433 W. Rincon Avenue, Unit M, Campbell: . Urged the Commission to vote against this project. . Said he has seven concerns but in the interest of time will discuss just three of them. . Said that his first concern is that the architecture of this building does not fit into this neighborhood. While it is a beautiful building, it does not match the neighborhood. . Described his second concern as being congestion. Pointed out that John D. Morgan Park already brings many into this neighborhood, where he has lived for 14 years. . Stated that his third concern is the effect this project might have on housing prices in this neighborhood, consisting primarily of entry level starter homes. Planning Commission Minutes of January 25,2005 Page 5 . Recommended that the Church construct its building on a busier street such as Winchester Boulevard, where there is lots of traffic and larger, wider streets to accommodate that traffic. Stated that this project does not fit into this residential community. He has no objection to the Church itself, just this particular architectural design. . Ms. Cathleen Boyer, 429 W. Rincon Avenue, Unit A, Campbell: . Identified herself as a first time homebuyer, having just moved into the neighborhood 12 days ago. . Stated that she only found out about this proposal on Sunday. . Said that while she can understand this property owner's right to expand, she opposes this project due to privacy impact issues. The new second story windows at this Church would be located eye to eye with her second story bedroom windows. . Added that opaque glass in the Church's second story windows might help but is not detailed in the plans. . Said that a five-foot planting strip against the property line between parcels is called for per Code and is not included in this proposal. . Said that while 74 parking spaces are required, 87 are provided and suggested that the spaces proposed for be located adjacent to her yard be eliminated. . Said her final objection to this project is neighborhood compatibility, with this building's huge dome shape. . Said that while there may now be no intention of including a school, the Church could come back in the future and add a school to the site. Ms. Betty Montoya, 429 W. Rincon Avenue, Unit C, Campbell: . Said that she does not object to this church but that she wants them to hear her concerns about noise impacts. . Added that she would also have privacy impacts as her bedroom is located across from the proposed two-story addition to the Church. . Advised that traffic in the neighborhood is already heavy as it is. . Expressed concern that people would use their complex parking. . Asked that the Church keep its neighbors in mind. Mr. Peter Niemann, 236 W. Rincon Avenue, Unit G, Campbell: . Said his property is located in the middle of Rincon and that he is the Treasurer of his complex HOA. . Advised that he did not receive notice of this hearing. . Said that Campbell is a city of small churches. This existing church building is a 1950's single-room church right now and is proposing to expand from 3,000 to 20,000 square feet. . Added that a church ofthis size is not typical except for on major streets. . Recommended a vacant parcel at the corner of Dot and Campbell Avenue as being more appropriate for a church of this size. . Said that John D. Morgan Park is very busy with street side parking along Rincon Avenue all the way to Winchester Boulevard on Saturdays. . Stated that this proposed building does not fit architecturally. Planning Commission Minutes of January 25,2005 Page 6 . Suggested that the building be reduced in size with parking located in the front of the building. Asked why parking is proposed for behind the building instead of at the front. . Mr. Stewart Fahmy, 331 Santa Rosa Drive, Los Gatos: . Identified himself as a member ofthe Church. . Said that the concerns raised by the neighborhood are shared concerns of the Church. . Informed that they had sent letters to residents within 300 feet of the Church to invite them to meet on site to look at their plans. . Said that the Church would work with staff, the City and neighbors to address all concerns. . Said that regarding noise impacts, the Church's activities occur on Sundays and some evenings for holidays. Some of the noise impacts will be alleviated by their proposed enclosed courtyard area, where there members can convene outdoors while noise impacts on adjacent residential neighbors would be muffled by the surrounding building. Right now there is not enough indoor space available to accommodate their membership. . Said that they would work to ensure privacy for their neighbors, by use of stained or obscured glass windows on the second floor windows that overlook neighboring residences. . Added that they do not want to invade their neighbors' privacy. . Agreed that this is a quiet neighborhood although there is a school that is much noisier than this church. . Stated that the building of this expanded church would not increase the population of the church. They are an Egyptian Orthodox Church, which has a small number of members. . Said that they are happy to work with the neighborhood on traffic and noise issues and will be sure to avoid any interference with the satellite dish oftheir neighbor. . Said that they will be compatible and that the church building as it is now is not more pleasant than what they are proposing to build. . Assured that their new building will increase the value of the neighborhood. . Pointed out that they don't want their property value to go down either. Mr. Safwat Malek, Project Architect: . Stated that the architecture of their building meets all development requirements and is below the maximum size allowed and provides more landscaping and parking than required. . Said that they have worked carefully with the City's staff when they initially had concerns about different issues. Compromises were made to address staff's concerns. . Assured that the church is not a residence. . Displayed photographs that depict the streetscape both as it is today and as it would appear with their expanded Church building on their site. . Stated that the bulk of the building would be compatible with the buildings that surround it. . Agreed to incorporate opaque windows on those second story windows that face side neighbors as well as to enhancing landscaping in areas where existing landscaping is sparse and to increase landscaping to provide screening of their new second story from view by the properties adjacent to their property. Commissioner Roseberry asked ifthere were plans for any kind of bell feature. Planning Commission Minutes of January 25,2005 Page 7 Mr. Safwat Malek replied no. Commissioner Francois asked Mr. Safwat Malek if this architectural design represents a traditional and/or symbolic design. Mr. Safwat Malek: . Replied yes. . Explained that the alter for a Coptic Church must face the east. This requirement dictated the shape of the building. . Added that traditional Coptic design calls for arches and domes. . Advised that they have minimized the height of the barrel vault so that it is 26 feet at its peak. The only tall feature is the dome and the City's own architectural advisor recommended that the height of this dome be raised from what they had initially proposed. . Added that the use of stained glass is also common in Coptic Churches. Commissioner Rocha asked what methods would be implemented to mitigate noise concerns, including the patio. Mr. Safwat Malek: . Said that the provision of an interior courtyard would help confine the congregation after services. This design feature was incorporated in respect for the adjacent residential neighbors. . Stated that with the expansion of their church, there will be plenty of interior space available for the congregation to visit after services so that there would be no reason to do such visiting in the parking lot. . Explained the schedule of services as consisting of four to five late night services, including Christmas Eve, New Year's Eve and Easter. Acting Chair Alderete closed the Public Hearing for Agenda Item No.1. Commissioner Francois asked staff if the requirement for screening landscaping and opaque windows could be included in the Conditions of Approval. Director Sharon Fierro replied yes. She added that the requirement that the neighbor's antenna reception not been disrupted could also be included. Commissioner Roseberry asked staff if the zoning for this property supports this use. Director Sharon Fierro replied yes. Commissioner Roseberry asked staff what other types of uses are permitted under this zoning. Director Sharon Fierro listed parks, public buildings, State or government-owned buildings and schools. Planning Commission Minutes of January 25,2005 Page 8 Commissioner Roseberry asked about parking requirements in relation to the 87 spaces that are proposed. Planner Stephanie Willsey said that the parking to the rear of the site would roughly remain the same. The only new parking is along one side. She reminded that the parking provided on site exceeds requirements right now. Commissioner Roseberry: . Said that he lived in a neighborhood with a church and found that a church makes a decent neighbor. . Stated that the applicant has made gestures toward mitigating privacy concerns. . Agreed that this is a lively neighborhood with both a school and park. . Said that this building looks different but in a good way. The architecture is appropriate but not "in your face." . Reminded that while the height dome is tall and just provides lighting to let ambient light into the building. There would be no views available from the dome. Planner Stephanie Willsey replied correct. Commissioner Roseberry: . Said that this building represents cultural diversity. Everything does not need to be the same. . Said that the site is quiet now because empty lots are quiet. . Added that including a school on this site would require an additional public hearing and approval of a Conditional Use Permit. Director Sharon Fierro replied correct. She added that many more Conditions of Approval would be required to accommodate a school and it would be difficult to do on this site since there is no area available to place a playground. Commissioner Rocha asked how the parking requirements were arrived at. He asked if there are any constraints to what can be imposed on a church use of a site. Director Sharon Fierro: . Replied that the Parking Ordinance considers the highest use during peak use when evaluating parking for a church use. Typically, people arrive as a family unit. Therefore, one parking space is required for every four seats. . Said that a City cannot discriminate on how a religious group practices its faith. What is evaluated is the character of the use, the assembly of people and the periodic use of a building. . Stated that the Commission can condition the use of the living space to alleviate future use concerns. Commissioner Alderete asked staff to address the issues of meeting notices and the Zoning Code section cited by a member of the audience. Planning Commission Minutes of January 25,2005 Page 9 Planner Stephanie Willsey replied that a hearing notice was sent to property owners within 300 feet of the project site. She added that the parking along the western property line is controlled by wheel stops to prevent cars from hitting the shared fence. While a masonry wall has not been included as a condition of approval, if the neighbors want such a wall, it could be so conditioned. Commissioner Doorley: . Said that the size of building for this property is appropriate. . Said that second stories are allowed by right even though they often raise issues. . Pointed out his personal understanding that starting and/or expanding a church use is difficult to do as there is not a lot of Public Facilities spaces available. It almost takes an "act of God" to grow and develop a community of faith. . Said that the architecture surprised him when he first saw it. It took him back a bit. . Stated his concerns about the potential re-use of this site should this church leave. . Agreed that this is properly zoned and appropriately sized for this parcel. . Advised that he would be supportive. Commissioner Rocha: . Advised that he did some research and learned that the Coptic Church has been around since the first Century AD. . Said that he learned from Mr. Safwat Malek that they don't construct churches without greatly considering the need. . There are only 1.2 million Egyptian Coptic members outside of Egypt and there are nine million in Egypt. . Assured that this church would not be gone in 30 years. . Stressed the importance in having the church have a point of contact with the neighborhood. . Agreed with the comments made by Commissioner Doorley. . Stated he too would support this request. Commissioner Francois: . Said that noise issues are addressed in the Conditions. Construction hours are permitted between 8 a.m. and 5 p.m. weekdays and from 9 a.m. to 4 p.m. on Saturday. No construction is allowed on Sundays and Holidays. These hours are reasonable. . Stated that if construction hours are violated, neighbors can contact the Community Development Director. Commissioner Rocha cautioned that if the noise is occurring after hours, complaints should be made directly to the Police Department. Acting Chair Alderete stated his agreement with the comments made. Commissioner Rocha asked if a Condition of Approval should be imposed that restricts the addition of a school on this site. Director Sharon Fierro said that this is in the conditions. Planning Commission Minutes of January 25,2005 Page 10 Commissioner Doorley cautioned that the church can conduct Sunday school classes. Commissioner Rocha asked about restrictions on use of the living unit. Commissioner Doorley suggested that a condition be added that the living space is not to be occupied more than a specified number of days each year. Director Sharon Fierro pointed out that the applicant's letter outlines that the space is only used to accommodate Bishops who visit. Mr. Stewart Fahmy informed the Commission that the need for the living space includes fewer than 20 overnight stays each year. Commissioner Doorley suggested that the conditions limit the use of the living space to 20 days or fewer each year. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Francois, the Planning Commission took the following actions: . Adopted Resolution No. 3622 adopting a Mitigated Negative Declaration; . Adopted Resolution No. 3623 approving a Conditional Use Permit (PLN2004-60) to allow an addition to an existing building and the expansion of use of the property as a public assembly use, adding a condition that limits overnight occupancy so as not to exceed 20 days per year, and . Adopted Resolution No. 3624 approving a Tree Removal Permit (PLN2004-162) for the removal of one 30-inch diameter Palm tree on property owned by the San Jose Saint George Coptic Orthodox Church located at 395 W. Rincon Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois, Rocha and Roseberry NOES: None ABSENT: Gibbons ABSTAIN: None Acting Chair Alderete advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Acting Chair Alderete called for a break at 8:45 p.m. to allow the large crowd in attendance for Agenda Item No. I to depart the chambers. Acting Chair Alderete reconvened the meeting at 8:52 p.m. Planning Commission Minutes of January 25,2005 Page 11 Acting Chair Alderete read Agenda Item No.2 into the record. 2. PLN2004-157 (PM) PLN2004-158 (8) PLN2004-159 (8) Paydar, M. Public Hearing to consider the application of Mr. Mike Paydar for a Tentative Parcel Map (PLN2004-157) to create two lots from one; and two Site and Architectural Review Permits (PLN2004-158 & 159) to allow the construction of two new single-family residences on property owned by Mr. Mike Paydar located at 1408 Capri Drive in an R-I-I0 (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: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: . Advised that the applicant is seeking approval of a Tentative Parcel Map to create two lots from one, two Site and Architectural Review Permits to allow the construction of two new single-family residences. . Informed that the General Plan Land Use is Low-Density Residential and the Zoning is R- 1-10. The proposed project is consistent with both. . Said that the Tentative Parcel Map will crate two lots, including a flag lot. Both lots would meet requirements. No street improvements are in place and non are required or allowed under the San Tomas Area Neighborhood Plan. No protected trees are to be removed. . Added that a Tree Protection Plan will be in place to protect the existing trees on site. . Said that an adjacent neighbor has concerns regarding privacy impacts and a Condition of Approval has been added to require substantial landscaping to mitigate these impacts. Commissioner Rocha provided the Site and Architectural Review Committee report as follows: . SARC reviewed this application at its meeting of January 11, 2005. . SARC was supportive of the project with no changes required. Acting Chair Alderete opened the Public Hearing for Agenda Item No 2. Ms. Nancy Baily, 1434 Capri Drive, Campbell: . Said that she is pleased to see this property redeveloped and had the opportunity to review the plans and speak with the builder. . Said she has a small concern over minor privacy issues. A small upstairs window looks into her master bedroom and bath. She has asked the builder to use obscured glass to mitigate those impacts. A second window overlooks her yard and can be mitigated with landscaping. The builder has agreed to her requests. Mr. John Townsend, 1430 Capri Drive, Campbell: . Said that his own house is a two-story and advised that he had shown his plans to his neighbors at the time he built his home. . Said that staffhas done a great job working with the architectural design. . Stated that privacy concerns he raised with the builder resulted in an agreement regarding the placement of trees and the types of trees to be planted in order to mitigate these concerns. Planning Commission Minutes of January 25,2005 Page 12 . Suggested that the requirement for tree protection be passed on to any future owner of these homes as they are spec homes that this builder will sell. Mr. Omid Shakeri, Applicant's Representative: . Said that Mr. Paydar met with the neighbors and reached agreements to mitigate any concerns. These include use of opaque glass on the bathroom window and the planting of trees, which will be shown on the final landscape plan. Commissioner Rocha asked Mr. Omid Shakeri about the future maintenance of these trees. Mr. Omid Shakeri said that they are hoping not to require CC&Rs as these are two separate lots. Ifnecessary, they would be willing to somehow ensure the protection of these trees. Commissioner Doorley reminded that the City's Tree Ordinance protects trees. Commissioner Francois pointed to Condition of Approval No.9 which addresses the issue. Planner Stephanie Willsey advised that once a tree is planted and property has been developed, only four species of tree are protected under the Tree Ordinance and only if they are 12 inches in diameter or larger. However, trees included on an approved landscape plan are automatically protected. Acting Chair Alderete closed the Public Hearing for Agenda Item No.2. Commissioner Francois reminded the Commission that Mr. Omid Shakeri was involved with the project with three houses constructed on Walnut Avenue and did a great job there being considerate of the neighbors. Ifhe is involved with this project, it will be okay too. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Francois, the Planning Commission took the following actions: . Adopted Resolution No. 3625 approving a Tentative Parcel Map (PLN2004-157) to create two lots from one on property located at 1408 Capri Drive; and . Adopted Resolution No. 3526 approving two Site and Architectural Review Permits (PLN2004-158 and PLN2004-159) to allow the construction of two new single family residences on property located at 1408 Capri Drive, by the following roll call vote: AYES: Alderete, Doorley, Francois, Rocha and Roseberry NOES: None ABSENT: Gibbons ABSTAIN: None Acting Chair Alderete advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Planning Commission Minutes of January 25,2005 Page 13 Acting Chair Alderete read Agenda Item No.3 into the record. 3 PLN2004-181 Saidian, J. Public Hearing to consider the application of Mr. Jacob Saidian for a Site and Architectural Review Permit (PLN2004-181) to allow the construction of a new single-family residence on property owned by Mr. Jacob Saidian located at 1642 Walters Avenue in an R-I-9 (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. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking a Site and Architectural Review Permit to allow the construction of a new single-family residence on property located at 1642 Walters Avenue. . Said that the site is currently developed with a single-story single-family residence and storage building. . Added that the property is located on the south side of Harriet at Walters. . Described the new home as being a two-story single-family residence with a full basement. The site is zoned R-I-9 but has substandard area and width so the development of the property must therefore comply with the R-I-6 requirements. . Said that the proposed FAR is at .45, which is the maximum allowed under the zoning. The home would include a two car garage with parking for two cars on the driveway. . Stated that the architectural design, which is a contemporary Craftsman style, is consistent with the requirements ofthe San Tomas Area Neighborhood Plan. . Advised that SARC reviewed the project. . Recommended approval. Commissioner Francois asked staff if this item had been denied about two to three years ago. Planner Tim J. Haley said that the one that was denied was the adjacent lot that will be discussed as the next item on the agenda. This parcel is to the east of that one. Commissioner Roseberry asked how the City decided to address light wells. Planner Tim J. Haley said that light wells are not to encroach into a required setback. In this case, the setbacks are five feet. Commissioner Roseberry stated that this is pretty much a neighborhood in transition. There are a lot of smaller lots. Planner Tim J. Haley agreed that there are a fair number of smaller lots in the Walters and York area. Acting Chair Alderete opened the Public Hearing for Agenda Item No 3. Planning Commission Minutes of January 25,2005 Page 14 Ms. Suzanne Buerchner, 1689 Walters Avenue, Campbell: . Said that she is in favor of construction on this lot but feels what is proposed is quite crowded. . Said that the in-law unit on the adjacent property will stay and is situated just two feet from the property line. Additionally, the new building setback is just 7.5 feet. This results in only 7.5 feet between buildings leaving a tiny space for air and light. . Agreed that a new home on this property is going to add to the aesthetics and add value to this neighborhood. . Thanked Mr. Jacob Saidian for providing plans in advance for review by the neighbors. Mr. Dan Karnes, 115 Audrey Avenue, Campbell: . Informed that he had lived on Walters for a number of years. . Pointed out that the improvements made on many properties have helped this neighborhood. . Stated that this owner has the right to develop this lot and a 2,700 square foot house would help further beautify this neighborhood. . Expressed his support for this request. Mr. Lou Dorcich, Project Architect: . Said that they have tried to keep the areas closest to the side yards as single-story elements. . Added that they have made the best possible efforts to keep the two-story impacts to a bare mInImum. . Agreed with the Conditions of Approval. Commissioner Roseberry asked for the above-ground height of the basement level. Mr. Lou Dorcich replied 24 inches above grade. The windows as depicted on that part of the elevation are in error and would be removed from the plans. Mr. Jacob Saidian, Applicant and Property Owner: . Said that he wanted to clarify that the side yard setbacks are for the most part 9 feet. . Said he did the best design possible with this small lot. Acting Chair Alderete closed the Public Hearing for Agenda Item No.3. Commissioner Rocha presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project at its meeting of January 11, 2005, and was supportive. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3627 approving a Site and Architectural Review Permit (PLN2004-181) to allow the construction of a new single-family residence on property owned by Mr. Jacob Saidian located at 1642 Walters Avenue, by the following roll call vote: AYES: NOES: Alderete, Doorley, Francois, Rocha and Roseberry None Planning Commission Minutes of January 25,2005 Page 15 ABSENT: Gibbons ABSTAIN: None Acting Chair Alderete advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Acting Chair Alderete read Agenda Item No.4 into the record. 4. PLN2004-182 Saidian, J. Public Hearing to consider the application of Mr. Jacob Saidian for a Site and Architectural Review Permit (PLN2004-182) to allow the construction of a new single-family residence and retention of an existing secondary living unit on property owned by Mr. Jacob Saidian located at 1360 Harriet Avenue in an R-I-9 (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. Tim 1. Haley, Associate Planner, presented the staff report as follows: . Advised that this project site is located to the west of the previous project discussed, on the southeast corner of Walters and Harriet Avenue. . Described the property as consisting of 15,085 square feet and two smaller sized single- family residences. . Stated that the applicant proposes to demolish one of the small homes and construct a new two-story 6,987 square foot single-family residence over a portion of basement. Additionally, the applicant proposes to retain the second resident, located on the easterly portion of the property as a secondary living unit. . Said that the property would be developed at a FAR of .374 where .45 is permitted. The lot coverage is 31 percent while 35 percent is permitted. The maximum height proposed is 27 feet, 4 inches, whereas 28 feet is the maximum allowed. . Advised that the applicant will provide a three-car garage with two uncovered parking spaces in the driveway. The driveway will be accessed from Walters Avenue and the home's front entrance would be from Harriet Avenue. . Informed that the Zoning allows less than 4.5 units per gross acre and the proposed density is at two homes per gross acre. . Stated that this proposal is consistent with the San Tomas Area Neighborhood Plan. . Recommended approval. . Said that SARC had three issues and the plans were modified to address those issues. . Said that correspondence was received from a neighbor who is concerned about the size of the building and the location of the driveway. Commissioner Doorley asked staff if the second unit on this parcel is currently considered legal. Planning Commission Minutes of January 25,2005 Page 16 Planner Tim J. Haley replied yes. The two homes on this property are considered legal. Commissioner Doorley asked for assurance that the storage building on site is clearly separate from the second residence. Planner Tim J. Haley advised that there is no connection between the two structures. The applicant plans to rebuild the storage structure as it is not in good condition now. Commissioner Doorley pointed out that the second unit is located quite close to the property line right now. Planner Tim J. Haley agreed that it is a substandard setback. Commissioner Doorley asked how that structure drains. Planner Tim 1. Haley replied that he was not sure. The secondary unit does have a gable roof on it. Commissioner Roseberry pointed out that the new house on this lot will be huge. He questioned the reasoning for retaining the second unit which is of lesser quality. He asked if this unit is considered grandfathered and/or legal. Was it built under a permit? Planner Tim J. Haley replied that both homes on this property were built prior to the requirement for building permits. Commissioner Roseberry asked if this unit would require inspection. Planner Tim J. Haley advised that if the Commission wishes, the Building Department could inspect the structure. Commissioner Roseberry said he is not sure about the condition of this second living unit but it is poorly placed on the lot and is probably substandard. Stated that he cannot understand the logic for keeping this unit and suggested adding a provision to inspect this unit for habitability. Director Sharon Fierro said that Commission can add a Condition of Approval requiring that the Building Department evaluate the second unit. Commissioner Roseberry asked if having two homes on this lot was a situation that was grandfathered for this lot. City Attorney William Seligmann read from the Code that states that the issue of non- conforming use goes through the window and the Commission can require compliance with zoning requirements to ensure that the second unit is not substandard under the Housing Code. Director Sharon Fierro asked the City Attorney if the applicant can be required to provide proper setbacks under the current Code. City Attorney William Seligmann replied yes. Planning Commission Minutes of January 25,2005 Page 17 Commissioner Doorley said that this would mean he would have to tear it down. Commissioner Rocha questioned the reasoning for keeping this old unit. Planner Tim J. Haley reminded that the minimum setback for a new structure would be eight feet. Commissioner Roseberry said he likes the front elevation of a house without a driveway. He asked if there is any special permit required for the driveway cutout. Planner Tim 1. Haley advised that the Public Works Department reviewed this project. The Traffic Engineer found it preferable to have the driveway accessing Walters Avenue rather than Harriet Avenue. Commissioner Rocha provided the Site and Architectural Review Committee report as follows: . SARC reviewed this application on January 11,2005. . Described three issues raised. The first was to reduce the height of the basement. The second was to minimize the front entrance two-story wall. The third was to reduce/narrow the driveway approach width. . Stated that the applicant has revised his plans accordingly. Acting Chair Alderete opened the Public Hearing for Agenda Item No 4. Ms. Meg Stein, Representative, San Tomas Neighborhood Association: . Said that this project meets the STANP requirements. . Reported that she has received complaints for safety concerns. . Asked to read a letter provided to her by a local resident, Ms. Lillian Corvalho, 1240 Harriet Avenue. The letter raises Ms. Corvalho's objections to having this large home constructed at 1360 Harriet Avenue with a three-car garage facing Walters Avenue. Her concern is due to the busy roads at this location. Ms. Suzanne Burerchner, 1689 Walters Avenue, Campbell: . Said that she resides across the street from this site and is concerned about the driveway accessing from Walters. . Pointed out the extensive traffic generated by Westmont High School and the fact that there are no stop signs at the HarrietlWalters intersection. Therefore, traffic moves fast. It takes a long time to back out of their driveway already. . Said that she prefers the current location of the driveway for this property on Harriet and opposes the driveway onto Walters for this parcel. . Said that this is a huge structure. She works from her home office on the second floor of her house and will look at a very large home with this new residence. . Suggested it be reduced in height and mass. . Offered to move an approximately 12-foot high oak tree if it is to be destroyed. . Expressed her appreciation for being able to see the proposed plans in advance. Mr. Dan Karnes, 1115 Audrey Avenue, Campbell: Planning Commission Minutes of January 25,2005 Page 18 . Expressed his agreement with the safety issues but pointed out that a home across the street needs to cut back their extensive landscaping that has overgrown. Doing so will provide better visibility for the area. Mr. Lou Dorcich, Project Architect: . Said that there are three mature trees that would have to be removed if the garage were to be accessed from Harriet. . Agreed that Walters is the best place to have the driveway for this home. . Said that an existing fence on this property will be removed with the construction of the new home. . Said that this applicant cannot address traffic issues, that is a City issue. . Said that it is difficult to project a three-dimensional object with a two-dimensional drawing but said that the bulk of this two-story will be at the interior of the lot and not visible from the streetscape. The home is primarily a single-story home with two-story dormers. The basement is a component of the front of the house with single-story structure on top of the basement. The two-story portions of the house are not located over basement space but rather are built at grade. Mr. Jacob Saidian, Applicant, advised that traffic, safety and trees were taken into consideration when determining where the driveway should go for this home. He added that Walters will be widened and explained that the drainage for the secondary unit occurs through a swale. He added that he is a civil engineer. Commissioner Francois asked if Mr. Jacob Saidian plans to upgrade the secondary unit. Mr. Jacob Saidian replied that the unit would be face-lifted with a new roof and windows to compliment the new house on site. Commissioner Rocha said that Mr. Saidian has gone to a lot of trouble to build a beautiful new home on this property and questioned the keeping of the second unit. He asked what the point is in keeping this unit as it does not appear to make sense. Mr. Jacob Saidian said that he has lots of guests and assured that this second unit will look as nice as the rest of the property. The lot is large enough to keep it and he has the right to keep it. Acting Chair Alderete closed the Public Hearing for Agenda Item No.4. Commissioner Roseberry: . Said that everyone likes extra space as would be provided with the second unit on site. . Said that the applicant plans to make this unit look nice and agreed that this is a large lot. . Said that the functionality and layout of the unit would not be compromised by moving it to within the required setbacks or by rebuilding it. . Agreed that the shrubbery across the street is overgrown. . Questioned the right-of-way on Harriet. Director Sharon Fierro advised that the applicant is required to construct paving. Planning Commission Minutes of January 25,2005 Page 19 Planner Tim J. Haley added that the requirement is for rolled curb along Walters Avenue, 16 feet from centerline. Commissioner Francois said that he shared the concerns over the second unit. Director Sharon Fierro said that the Commission can require this unit to meet current zoning requirements. City Attorney William Seligmann, reading from the Code, said that the Commission has the discretion to require compliance with current setback requirements. Commissioner Roseberry asked if that requirement is for the primary or secondary unit on the property. City Attorney William Seligmann replied that the Code does not make distinction. Director Sharon Fierro added that sight line visibility can be reviewed by the Traffic Engineer. Commissioner Alderete pointed out that there are existing traffic issues for the area. Planner Tim J. Haley said that traffic controls and improved visibility with the correction of the heavily vegetated lot across the street can help this situation. Commissioner Doorley supported the requirement to have the second unit and storage building conform to current zoning requirements. Commissioner Rocha agreed saying that this is the only way he can support this. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3628 approving a Site and Architectural Review Permit (PLN2004-182) to allow the construction of a new single-family residence and retention of an existing secondary living unit on property owned by Mr. Jacob Saidian located at 1360 Harriet Avenue with the requirement that the second unit conform to current zoning and setback standards and adding the finding of fact, "In absence of complete compliance to current setbacks, the proposed development would be detrimental to the health, safety and welfare of the general neighborhood," by the following roll call vote: AYES: Alderete, Doorley, Francois, Rocha and Roseberry NOES: None ABSENT: Gibbons ABSTAIN: None Acting Chair Alderete advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Planning Commission Minutes of January 25,2005 Page 20 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 at the January 18, 2005, Council meeting, Councilmember Furtado complimented the Planning Commission on its thorough public hearing of the Mozart project. . Additionally, Council denied an Appeal and upheld the Commission's action to deny the Modification of a Site and Architectural Review Permit for 2110 S. Bascom Avenue. . Advised that the Commission would have one item on its next agenda, an Appeal of a Code Enforcement Action. This is the first such case to be brought to the Commission on Appeal. ADJOURNMENT The Planning Commission meeting adjourned at 10:05 p.m. to the next Regular Planning Commission Meeting of February 8, 2005. SUBMITTED BY: ~ Corinne A. Shinn, Recording Secretary APPROVED BY: \2, J C (¡'-- B:æ:~ /Sharon Fierro, Secretary - ATTEST: