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PC Min 06/11/1996CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JUNE 11, 1996 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of June 11, 1996, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairman Lindstrom, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Commissioners Absent Staff Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Community Development Director: Senior Planner: Associate Planner: Planner I: City Attorney: Reporting Secretary: Mel Lindstrom Susan A. Kearns I. Alne Brad Jones Dennis Lowe Jane Meyer-Kennedy Elizabeth Gibbons Steve Piasecki Darryl M. Jones Tim J. Haley Aki Honda William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Kearns, seconded by Commissioner Meyer-Kennedy, the Planning Commission minutes of May 28, 1996, were approved. (4-0-1-1; Commissioner Gibbons was absent and Commissioner Lowe abstained) Planning Commission Minutes of June 11, 1996 Page 2 COMMUNICATIONS 1. Letter from Mulberry School regarding Agenda Item No. 3. 2. News article regarding Transportation Tax Measure. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairman Lindstrom read Agenda Item No. I into the record. 1. M 96-03 Continued Hearing to consider the application of Mr. Mark Robson, on behalf of Santa Clara Development, for approval of a Modification to a Tentative Subdivision (TS 95-02) to allow two streetlights on a newly created residential street to be known as Summerfield Drive (former address 1522 McCoy Avenue) in an R-l-6 (Single Family Residential) Zoning District. Ms. Aki Honda, Planner I, presented the staff report as follows: · Applicant has withdrawn his application. He no longer wants to install the streetlights and plans to comply fully with the San Tomas Area Neighborhood Plan. Commissioner Alne advised that the street will be risky at night without streetlights. It makes no sense not to include streetlights. This policy is in error. Commissioner Kearns advised that she concurred with Commissioner Alne. Chairman Lowe asked whether the Planning Commission has the authority to require the streetlights. City Attorney William Seligmann advised the Commission that they did not have the authority to require the streetlights if the applicant has withdrawn his application. The City Council would have to amend the San Tomas Area Neighborhood Plan to make streetlights required. Chairman Lindstrom asked if the Planning Commission can recommend a change to the San Tomas Area Neighborhood Plan to require streetlights. Planning Commission Minutes of June 11, 1996 Page 3 City Attorney William Seligmann advised that the Commission can ask the City Council to consider a change to the STANP. Commissioner Lowe asked whether the Planning Commission can deny the applicant's request to withdraw his application. City Attorney William Seligmann answered that they could not. The Planning Commission has no authority to require streetlights. Chairman Lindstrom advised that the applicant had initially requested an exception to the STANP. Can the Commission pass a recommendation to City Council that the requirement for streetlights be inserted into the STANP. City Attorney William Seligmann responded that it is too late for this particular subdivision (Summerfield) to have that requirement mandated. If changes are enacted in the STANP they would not apply to subdivisions already approved. Commissioner Alne advised that the applicant had designed a streetlight plan for his project but that the City Public Works Department mandated that standard streetlights must be used for the benefit of maintenance by the City and the cost of operation. The developer thinks that streetlights should be there and had been willing to install if they were allowed. Aki Honda, Planner I, advised that the applicant had worked with a lighting engineer and learned that it would require an enormous number of lamps to meet the City's lighting standard. Commissioner Alne again stated that the applicant was informed that the lighting he installed must meet the City's standards. If the Council was sympathetic, the applicant would be happy to add street lighting. Chairman Lindstrom advised that he had participated in the Site and Architectural Review Committee but that at the time he did not understand that the applicant was not even required to include streetlights. What can the Planning Commission do? Mr. Steve Piasecki, Community Development Director, advised that the Commission can take minute action advising the City Council that an exception should be granted to allow this applicant to install streetlighting to his project. Chairman Lindstrom asked if the recommendation should be that the streetlighting meet the standards of the City. Planning Commission Minutes of June 11, 1996 Page 4 Mr. Steve Piasecki, Community Development Director advised that the Public Works Department would not support if the streetlighting does not meet the City's standards. The Planning Commission can adopt a minute action but that doesn't mean that the applicant will agree to install now that he has withdrawn his application. Chairman Lindstrom asked the Commission for their comments at this time. Commissioner Alne advised that a strict interpretation of the rules is having a less than desirable impact on this project. The City Council should make an exception. Mr. Steve Piasecki advised that Commissioner Alne should phrase this comment as a recommendation for a minute action. Motion: Upon motion of Commissioner Alne, seconded by Commissioner Lowe, the Planning Commission takes minute action to recommend that the City Council grant an exception to the San Tomas Area Neighborhood Plan to allow the provision of streetlights for the Summerfield development. (6-0-1; Commissioner Gibbons was absent) Chairman Lindstrom opened the Public Hearing for Agenda Item No. 1. There were no parties in attendance wishing to discuss Agenda Item No. 1. Chairman Lindstrom closed Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Meyer-Kennedy. seconded by Commissioner Lowe, the Planning Commission moved to withdraw the Modification request for two streetlights for the new residential street to be known as Summerfield Drive at the request of the applicant. (6-0-1; Commissioner Gibbons was absent) Chairman Lindstrom read Agenda Item No. 2 into the record. 2. M 96-05 Public Hearing to consider the application of Mr. John Kirkorian, on behalf of Kirkorian Enterprises, for approval of a Modification to a previously-approved Conditional Use Permit to allow on sale beer and wine sales in conjunction with two restaurants, outside seating and an adjustment in parking ratios for property located at 1700-1770 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Planning Commission Minutes of June 11, 1996 Page 5 Mr. Tim Haley, Associate Planner, presented the staff report as follows: · Applicant is requesting a Modification to a previously-approved Conditional Use Permit for Kirkwood Plaza to allow outside seating for three restaurants and on- sale beer and wine sales for two restaurants. · In December 1995 the Planning Commission granted a Site and Architectural Approval to allow the construction of 6,000 square feet retail space in place of Renzo's Restaurant. This building is currently under construction. · The proposed use is consistent with the C-1-S (Neighborhood Commercial) Zoning. · Staff finds the use compatible. · Hours of operation are similar, 7 a.m. to 11 p.m. · This matter was not reviewed by SARC as there are no design issues. · Staff recommends that the Commission adopt a Resolution approving the on-sale beer and wine licenses for three restaurants and a second Resolution approving the outdoor seating and adjusted parking ratio. Commissioner Lowe asked about the layout for the outdoor seating. Tim J. Haley advised that at this point there is no specific layout proposed. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 2. Mr. John Kirkorian, Kirkorian Enterprises, 1630 W. Campbell Avenue: · Expressed excitement about the two new businesses coming to Kirkwood Plaza, the Mexicali Market and the Seafood Bar. · The outdoor seating will include more upscale fixtures. · The plastic tables and chairs currently used at Clarke's will be replaced with more upscale furnishings (like Baskin-Robbins has) that have already been ordered. Chairman Lindstrom closed Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Alne, seconded by Commissioner Meyer-Kennedy, the Planning Commission moved to adopt Resolution No. 3028 approving a Modification to a previously approved Conditional Use Permit to allow on sale beer and wine sales in conjunction with two restaurants and Resolution No. 3029 approving outside seating and an adjustment in parking ratios for property located at 1700-1770 W. Campbell Avenue, by the following vote: Planning Commission Minutes of June 11, 1996 Page 6 AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Linds~om, Lowe, Meye~Kennedy None Gibbons None The decision of the Planning Commission is final, unless appealed in writing to the City Clerk within 10 days. Chairman Lindstrom read Agenda Item No. 5 into the record. 5. M 96-06 Public Hearing to consider the application of Mr. Jay Perrine, on behalf of Mulberry School, for approval of a Modification to a previously-proved Use Permit to allow a 1,920 square foot modular classroom building at an existing school located at 1980 Hamilton Avenue in a PF (Public Facilities) Zoning District. Ms. Aki Honda, Planner I, presented the staff report as follows: · Applicant is requesting approval of a Modification to a previously approved Conditional Use Permit to allow the installation of a 1,920 square foot double modular building at 1980 Hamilton Avenue. · Applicant is the Mulberry School which serves pre-school and elementary school children. · Site is on the southeast corner of Hamilton and Leigh Avenues. · This is the second modular classroom. The first was approved in 1993. · Use is consistent with the General Plan and Zoning designations. · Site is surrounded by commercial offices (north); residential (south); commercial and residential (west) and residential (east). · Modular space will serve two purposes. Half the space will serve as classroom space and the second half will be used for extended care of children before and after school and for the science teacher etc. · Addition of space will not be used to add to enrollment. · School currently has 95 pre-school students and 97 elementary school students. They are licensed for a maximum of 112 per level. · School has 35 staff members. Planning Commission Minutes of June 11, 1996 Page 7 · Operational hours are Monday through Friday facilities on site are utilized on Sunday for services. · Proposed placement of the modular structure is on the eastern portion of the property south of the parking lot. · Structure will be setback 10 feet from the eastern property line and 25 feet from the modular building to the west. · Building will be painted to match the existing structures on site. · There are 163 parking spaces on site. Parking required is 207 spaces, 112 for the church and 95 for the school. However, demand for parking does not occur at the same time but rather is staggered between the school (during the week) and the church (during the weekend). · SARC was supportive of this application with five conditions: 1. That the modular structure be moved 10 feet to the south. 2. That the use of the modular structure be limited to four years with an option to extend the use. 3. That the school limit the maximum enrollment to 132 students. 4. That the school maintain the hours of operation, 9 a.m. to 3 p.m., Monday through Friday; and 5. That the modular classroom be painted to match the existing school and church. Applicant submitted a memorandum that states that the modular structure is not intended to result in additional enrollment. Staff recommends that the Planning Commission adopt a Resolution approving this modular classroom building for Mulberry School. with no weekends. Church Commissioner Kearns presented the SARC report by reiterating the five conditions outlined in the staff report. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 3. Mr. Jay Perrine, representative for Mulberry School: · Admitted that this is his first time as an applicant before this Commission. · Held up a recent edition of Campbell Express with the headline, "Jim supports smaller class size," and stated "so does Mulberry!" · Introduced other representatives from Mulberry School in attendance. · Advised that he has one concern about the issue of parking versus paving. Cunen Planning Commission Minutes of June 11, 1996 Page 8 · The 30-foot area where a tree stump is now located is the place where they would like to place the ramp to the modular building. He advised that this will still leave 22 feet for automobile turnaround. · Expressed concern about the wording in the Conditions of Approval No. 3(A) which states they must meet certain water pressure or must provide sprinklers to the building. Commissioner Lowe sought clarification that the minimum turnaround space is 18 feet. Mr. Jay Perrine advised that was correct. Commissioner Lowe advised that he had no problem with Mr. Perrine's request for placement of the ramp, amending SARC's recommendation for the setback from the paved area. Mr. Jay Perrine added that the church has a letter of agreement with the property owner across Leigh Avenue for overflow parking on Sunday when the commercial property is vacant. He added that the church would not be utilizing the modular space at all. It is strictly for use by Mulberry School. Chairman Lindstrom closed Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Kearns, the Planning Commission moved to adopt Resolution No. 3030 approving a Modification to a previously approved Conditional Use Permit to allow a 1,920 square foot modular classroom building at an existing school located at 1980 Hamilton Avenue, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None Gibbons None The decision of the Planning Commission is final, unless appealed in writing to the City Clerk within 10 days. Chairman Lindstrom read Agenda Item No. 4 into the record. Planning Commission Minutes of June 11, 1996 Page 9 4. UP 96-04 Public Hearing to consider the application of Dave and Donel V 96-01 Rogers for approval of a Conditional Use Permit to allow a secondary living unit and a Variance to exceed the height limitation of 14 feet, on property located at 1228 Harriet Avenue in an R-l-9 (Single Family Residential) Zoning District. Mr. Darryl Jones, Senior Planner, presented the staff report as follows: Applicant is seeking to add an additional living unit and obtain a Variance for the height of this unit. · The structure (the Carriage House) is currently located at 1222 Harriet Avenue and it is proposed that it be moved next door to 1228 Harriet Avenue. · The Carriage House is 1,400 square feet. · A five-lot subdivision has been approved for 1222 Harriet Avenue. · The zoning is R-1-9-H (Single Family Residential/9,000 square foot minimum lot size/Historic Overlay). · Under the Zoning Ordinance, a 640 square foot secondary living unit is allowed. However, if the site includes 250% of the required space, there is no restriction on size and a larger secondary living unit is permitted. · The permitted height is 14 feet. The Ordinance allows a single story structure. · The walls of the Carriage House are 14.4 feet high. The Carriage House is two stories. · Setbacks have been met. The structure is 64 feet from the front property line; 25 feet from the rear property line. · The Carriage House is of neo-classical architectural design which is consistent with the main residence at 1228 Harriet, the Littleton-Martin House. In fact the Carriage House was built for the Littleton-Martin House and the two structures separated in the lot split. · Applicant proposes to build a two-car garage. · On May 29, 1996, the Historic Preservation Board reviewed this application and recommends approval. · SARC also considered this application and Commissioner Kearns will present the SARC findings. · The neighbor located behind the site has concerns regarding the original proposed setback of 9 feet. The setback has been adjusted to 25 feet. He also feels that no circumstances have been presented to warrant a Variance. · Staff finds that the Variance is warranted due to the historic significance of the structure. With the setbacks, this structure will not adversely impact the neighboring property. Planning Commission Minutes of June 11, 1996 Page 10 Commissioner Kearns presented the SARC report as follows: · SARC is supportive of this application and finds it is appropriate to grant a Variance in building height. · Structure is found to be consistent architecturally and this request is in keeping with the intent of the Ordinance. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 4. Mr. Leonid Sapozhnikov, 1673 Luika Place, Campbell: · Stated that he is the neighbor most impacted. · Questioned the historic significance of the structure. · Requested more clarification in the required screening of trees. Chairman Lindstrom questioned Mr. Sapozhnikov whether he was asking to be involved in the selection of which trees are installed. He also advised that the Historic Preservation Board would be most able to inform Mr. Sapozhnikov about the historic significance of this structure. Commissioner Alne advised Mr. Sapozhnikov that time is measured differently here in California than where he himself (Alne) is from where old is 100 or more years. Mr. Darryl Jones advised that the structure was constructed approximately in the 1910s. Commissioner Alne continued by stating that that is a long time in California. In California there are not too many old buildings. When one is still standing up, that makes it historic. Commissioner Lowe added for clarification that the structure (Carriage House) was constructed in the 1930s. Chairman Lindstrom advised that what is planted at the property line is up to the owner. Mr. Darryl Jones advised that staff has recommended planting additional trees as a condition of approval.. Chairman Lindstrom advised that the neighbor wishes to participate in the selection. Commissioner Lowe asked why Mr. Sapozhnikov wanted to participate in the selection of trees. Was it because he wants to be able to see the structure? Planning Commission Minutes of June 11, 1996 Page 11 Mr. Leonid Sapozhnikov responded that he did not want to be able to see the structure. It's a big building. Commissioner Lowe asked Mr. Sapozhnikov whether he would see the rear of the building. Mr. Leonid Sapozhnikov responded that he would see both the rear and side elevations of the structure from his property. Chairman Lindstrom asked staff for additional information. Mr. Darryl Jones advised that the structure will be 25 feet from the rear property line. The neighbor's property has a garage structure at the rear of its property. Staff has added the condition that additional trees be planted along the rear property line and suggest that four 15-gallon Redwood trees be planted. Mr. Dave Rogers, Applicant and Owner of 1228 Harriet Avenue: · Advised that the Carriage House would be close to his neighbor's garage. · In his yard, he has numerous trees, including one peach and three almond trees with a canopy 37 feet wide. · Since the requirement to move the rear setback, more of the Carriage House is visible to his neighbor. · Informed that he is willing to do anything it takes to please his neighbor and make him feel better about this structure. · Advised that Redwood trees are slow growing. If the City requires Redwood trees, he will install them. However, he recommends installing something such as Raywood Ash which is a fast-growing tree with deep growing roots that cause little damage to structures such as fences. Commissioner Lowe expressed his belief that the requirement for trees is excessive. Chairman Lindstrom advised that since the applicant is willing to work with his neighbor, they should work it out together. Mr. Steve Piasecki suggested that language be more vague, such as "up to four 15- gallon or equitable tree, agreed upon the applicant and neighbor." Mr. Dave Rogers added that he has recently planted many cypress trees which are also growing quickly. Chairman Lindstrom closed Public Hearing for Agenda Item No. 4. Planning Commission Minutes of June 11, 1996 Page 12 Commissioner Meyer-Kennedy agreed with Commissioner Lowe that the requirement for trees is excessive. Commissioner Alne stated that he is satisfied that the applicant and his neighbor are willing to work together to achieve a compromise satisfactory to both of them. He complimented the participants on their willingness to work together. Motion: Upon motion of Commissioner Alne seconded by Commissioner Kearns, the Planning Commission moved to adopt Resolution No. 3031 approving a Use Permit and Variance to allow a secondary living unit on property located at 1228 Harriet Avenue and striking Condition of Approval C requiring the planting of four Raywood trees, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None Gibbons None The decision of the Planning Commission is final unless appealed in writing to the City Clerk within 10 days. Chairman Lindstrom read Agenda Item No. 5 into the record. 5. TA 95-04 Public Hearing to consider the City-initiated application for a Text Amendment (TA 95-04) to the Zoning Ordinance to require greater sideyard setbacks for corner residential lots. Mr. Steve Piasecki, Community Development Director, presented the staff report as follows: Staff recommends that this item be removed from the agenda to readvertise and expand the proposed amendments and bring the item back at a later date. Commissioner Alne asked whether the streetlights issue could be revisited since the STANP would be impacted by this Text Amendment. Chairman Lindstron expressed that this seemed appropriate. Mr. Steve Piasecki advised that the STANP already has greater side yard provisions. Staff had not considered amending the STANP with this Text Amendment. He added that if the City Council takes action on tonight's Planning Commission Minute Action, the STANP will also be considered. Planning Commission Minutes of June 11, 1996 Page 13 Chairman Lindstrom opened the Public Hearing for Agenda Item No. 5. There were no parties in attendance wishing to discuss Agenda Item No. 5 Chairman Lindstrom closed Public Hearing for Agenda Item No. 5. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Meyer-Kennedy, the Planning Commission moved to continue consideration of the Text Amendment (TA 95-04) to the Zoning Ordinance to a date uncertain. (6-0-1; Commissioner Gibbons was absent) REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director was accepted as presented with the following comments: · Brought the Commission's attention to two articles within his report. One article is about the City of Santa Clara and its need for a downtown. The second article is concerning the transportation measure being considered for the November ballot. AD[OURNMENT The Planning Commission meeting adjourned at 8:42 p.m. to the next Planning Commission meeting of June 25, 1996, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: 0~ APPROVED BY: ~ ATTEST: ' (.J'Steven Piase~ki, Secretary