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PC Min 02/08/2005 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY FEBRUARY 8, 2005 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of February 8,2005, 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: Chair: Commissioner: Commissioner: Commissioner: Commissioner: Elizabeth Gibbons Mark Ebner Tom Francois Michael Rocha Bob Roseberry Commissioners Absent: Vice Chair: Commissioner: Bob Alderete George Doorley Staff Present: Community Development Director: Sharon Fierro Senior Planner: Geoff 1. Bradley Code Enforcement Officer: Steve Prosser Recording Secretary: Corinne A. Shinn Chair Gibbons welcomed newly-appointed Commissioner, Mark Ebner, to his first meeting as a member of the Planning Commission. APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission minutes of January 25, 2005, were approved as submitted. (3-0-2-2; Commissioners Alderete and Doorley were absent and Chair Gibbons and Commissioner Ebner abstained) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of February 8, 2005 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chair Gibbons read Agenda Item No.1 into the record. 1 COD2004-00141 Corliss, J. Public Hearing to consider the Appeal of Mr. John Corliss of a Code Enforcement Action (COD2004-00141) regarding the City of Campbell's intent to file a Notice of Violation with the County Recorder's Office for a non-permitted camp car and trailer being used as a living unit on property owned by John and Marion Corliss at 1030 Hazelwood Avenue in a R-I-6 (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: Steve Prosser, Code Enforcement Officer Director Sharon Fierro introduced the City's new Code Enforcement Officer, Steve Prosser, to the Commission. She advised that he previously worked for the City of Saratoga and is doing an excellent job for the City of Campbell. Mr. Steve Prosser, Code Enforcement Officer, presented the staff report as follows: . Advised that the applicant is appealing a Code Enforcement action. . Described the action as the intent to file a Notice of Violation for a non-permitted living unit on a property located within an R-I-6 Zoning District. . Reported that an investigation was conducted in August and September of 2004. Both City and County records were searched for permits for this unit. No records are on file that state that this unit was constructed under any City or County approvals. . Stated that on November 18,2004, a letter was sent to Mr. Corliss verifying him of the non compliance of this second unit per Municipal Code Sections 21.08.020, 21.42.020 and 18.04.040 as well as the 1997 Uniform Housing Code (improper occupancy) and the 1997 Uniform Building Code (building permits required). . Added that as a result of this research, this structure was deemed an illegal structure. . Advised that Mr. Corliss submitted an appeal on December 8, 2004. Chair Gibbons opened the Public Hearing for Agenda Item No.1. Michael Jones, Esq., 19A N. Santa Cruz Avenue, Los Gatos: . Identified himself as the attorney for Mr. John Corliss. . Described Mr. Corliss as a 61 year old man who is on a fixed income. . Advised that John and Marion Corliss purchased this home in 1978 when it was in County jurisdiction. At that time, the existing coach/cottage/secondary unit was on the property. . Added that they did not make any modifications or improvements to the unit and that at the time of purchase, this unit was represented as legal. This second unit is one reason for their purchasing this property. Planning Commission Minutes of February 8, 2005 Page 3 . Said that the fact that there were no County permits and that the unit was not allowed was news to Mr. Corliss, who thought that the property was up to Code and Zoning requirements when he purchased it. Stated that this unit is not a trailer as it has no wheels. It may have been mobile in the past but doesn't currently fit that definition. Reported that in 1983 the City came out and inspected the unit and told Marion Corliss that there were violations. Now, only after 20 years, this issue is rearing its ugly head again. Reiterated that Mr. and Mrs. Corliss purchased this property with good faith, thinking it was legal and nothing was purposely done. His client was unaware of any improper acts until just recently. Reminded that it is public policy to increase second units to create affordable housing for extended families, students and people of low income. Stated that this unit has been in operation for 30 plus years and rents for $600 per month, which provides income for Mr. Corliss. The current tenant has been on site for five or six years and he would be forced out into a much more expensive rental market if this unit is lost. Assured that Mr. Corliss is willing to address building issues and zoning problems with the City. Restated Mr. Corliss' desire to keep this unit for a low-income rental as well as a means of Income. Asked the Commission to keep the status quo. . . . . . . . . Mr. Darren Voges, 725 Craig Avenue, Campbell: . Said his is the only property behind this one. . Said his biggest concern is the fact that this unit is occupied and has electricity hooked up. The unit is out of Code. . Reported that he planted a Redwood that would eventually help screen this unit from view from his property. . Asked that the Commission require that the owner make this a safe unit. Right now, it is located five feet from the fence and is dangerous. The tenant smokes, creating a further fire danger. . Assured that his only issue is safety. He is fine with having something there as long as it is safe. Chair Gibbons closed the Public Hearing for Agenda Item No.1. Commissioner Francois asked staff what action was taken in 1984 when they were advised of the violations on this site. Director Sharon Fierro replied that she is not aware of any action taken. This may have been due to a staffing shortage at that time as there was no Code Enforcement Officer position at the City in those days. Commissioner Francois stated that this is a trailer and agreed that it looks dangerous with its electrical wiring and open sewer lines. Planning Commission Minutes of February 8, 2005 Page 4 Commissioner Rocha asked staff to clarify that Code violations are on-going. They do not go away or expire. If it was a violation in 1984, it is still a violation today. Director Sharon Fierro replied correct. Commissioner Roseberry said that the applicant has expressed willingness to secure Building Code compliance. He asked if this trailer would comply with Building Code requirements such as required exits, plumbing, venting and setbacks. Director Sharon Fierro replied no. Commissioner Roseberry said that he agreed there is a question of safety here. This unit is detrimental to the health, safety and welfare of the general neighborhood. He said that he cannot support overturning the intent to record this violation. Commissioner Francois asked whether the applicant could build a legal unit on a lot this size. Code Enforcement Officer Steve Prosser said that the lot is 15,200 square feet. Director Sharon Fierro replied that this lot could accommodate a legal second unit. Commissioner Francois said that there is an opportunity to build a legal unit. Chair Gibbons: . Said that she is in concurrence with the comments made. . Added that there is an opportunity for this applicant to have other avenues of income. . Advised that there are programs available through the Community Development Department's Housing Division to help senior citizens improve their homes. . Suggested that Mr. Corliss research that. . Concurred that this unit is a hazard in its current condition and is not acceptable for the community or the occupant. . Stated that she could not support overturning the decision to file the notice of violation. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3629 denying an appeal and upholding the Intent to File a Notice of Code Violation with the County Recorder's Office for a non-permitted camp car and trailer being used as a living unit on property owned by Mr. John Corliss located at 1030 Hazelwood Avenue, by the following roll call vote: AYES: Ebner, Francois, Gibbons, Rocha and Roseberry NOES: None ABSENT: Alderete and Doorley ABSTAIN: None Chair Gibbons advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Planning Commission Minutes of February 8, 2005 Page 5 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 Council took second reading for the Mozart project. Work is being done on securing the trail access. . Reported that there would be two items on the next Planning Commission agenda. Chair Gibbons reported that she and Commissioner Roseberry attended training in San Jose that was sponsored by the Silicon Valley Chapter of the AIA. Commissioner Roseberry said that the training was interesting but may have been a bit too simplified. Chair Gibbons: . Stated her hope that some of the West Valley Cities might get together and put a similar training session together for its Commissioners. . Asked staff about the newly installed telecommunications tree located off San Tomas Expressway. . Said that this tree looks terrible, is taking too long to install and that trees were removed that she had not anticipated. Director Sharon Fierro said that she would see if the applicant count plant Redwood trees around it so it does not stand out so much. Chair Gibbons said she was annoyed that these trees were removed as she did not believe that was a part of the approval. Director Sharon Fierro said she would check. She added that the trees likely needed to be removed in order to install the necessary footings for the antenna. Commissioner Ebner asked if these trees were removed for access for these footings. Chair Gibbons said she believed so. ADJOURNMENT The Planning Commission meeting adjourned at 8:00 p.m. to the next Regular Planning Commission Meeting o~~ SUBMITTED BY: ~ ~C~~'I"e A. Slrinn, Recor~g S;retary ) APPROVED BY: ~ ti~~L- XJ, ~'::/~ E lzabdh Gibbons, Chair ~~ ATTEST: Sharon Fierro, Secretary