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PC Min 10/22/1996CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 22, 1996 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 22, 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: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Mel Lindstrom Susan A. Keams I. Alne Elizabeth Gibbons Brad Jones Dennis Lowe Jane Meyer-Kennedy Commissioners Absent: None Staft Present: Community Development Director: Senior Planner: Planner I: City Attorney: Reporting Secretary: Steve Piasecki Darryl M. Jones Gloria Sciara William Seligrnann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Lowe, seconded by Commissioner Meyer- Kennedy, the Planning Commission minutes of October 8, 1996, were approved (6-0-1; Commissioner Gibbons arrived after the vote). COMMUNICATIONS: 1. Letter regarding Agenda Item No. 2. 2. Applicant's Statement regarding Agenda Item No. 2. 3. Site and Architectural Review Committee notes from 10/10/96 meeting. Planning Commission Minutes of October 22, 1996 Pa~e 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairman Lindstrom read Agenda Item No. 1 into the record. 1. M 96-07 Benton, M. Public Hearing to consider the application of Mr. Michael Benton for approval of a Modification to the sideyard setback requirement on the northern side of the property in conjunction with the remodeling of an existing residence to include a second story addition on property located at 207 N, Third Street in an R-l-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed within 10 days to the City Clerk. Ms. Aki Irani, Planner I, presented the staff report as follows: Applicant is seeking approval for a 7 Y2 foot sideyard setback instead of the required 8 Y2 foot sideyard setback at his northern property line. This item was continued from the Planning Commission meeting of June 25th to allow the applicant to redesign his project as a result of recommendations from SARC. The revised plans currently under consideration were submitted to the Planning Department on September 13, 1996. · The project is consistent with the General Plan and Zoning designations for the site. · The project meets all required setbacks with the exception of the northern property line which is deficient by one foot. · Setback requirement is the greater of five feet or one half the building height. The building wall will total 17 feet in height which calls for an 8 ¥2 foot setback. · Staff finds the 7 ¥2 foot setback provided to be sufficient as the adjoining neighbor's residence is set back 15 feet from this shared property line. The style of this remodel/addition is bungalow. The addition is 1,600 square feet to total 2,600 in living space. SARC reviewed this proposal and is supportive. Staff recommends approval. Both the applicant and project architect are available to answer any questions. · · · · · Commissioner Kearns presented the Site follows: · SARC is supportive of this application. and Architectural Review Committee report as Planning Commission Minutes of October 22, 1996 Pa[ge 3 Chairman Lindstrom opened the Public Hearing for Agenda Item No. 1. No one came forward to address the Commission and Chairman Lindstrom closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3052 approving a Modification (M 96-08) to allow a 7 1/2 foot sideyard setback on the northern property line to allow a residential remodel and addition on property located at 207 N. Third Street, by the following roll call vote: AYES: Alne, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer- Kennedy NOES: None ABSENT: None ABSTAIN: None This approval is final, unless appealed in writing to the City Clerk within 10 days. 2. M 96-12 (PD 95-01) Robson, M. Public Hearing to consider the application of Mr. Mark Robson, on behalf of Santa Clara Development, for approval of a Modification (M 96-12) to a Planned Development Permit (PD 95-01) to allow the elimination of architectural window details on 25 residential units located at 845-885 San Tomas Aquino Road in a PD (Planned Development) Zoning District. This project is Categorically Exempt. Tentative Planning Commission Date: November 4, 1996. Ms. Aki Irani, Planner I, presented the staff report as follows: · Applicant is seeking a Modification to a Planned Development to eliminate window details (grids) on all units. · Project site is on the northwest comer of Elam and San Tomas Aquino Road · This question arose at final occupancy inspections held on October 1, 1996, for Units 3, 4 and 5. · The approved building plans included the grids on the windows. However, the plans did not specify if these were to be tree divided windows or grids on the window. · Applicant filed for a Modification to the Planned Development Permit to request that these details not be required. Feels that the homes look more in the Craftsman style without these grids. However, upon researching Craftsman style homes, staff has determined that divided glass windows are typical. · Photos of the completed homes are provided in the staff report. Planning Commission Minutes of October 22, 1996 Page 4 · SARC considered this request on October l0th and was not supportive of the applicant's request to eliminate this detail. · Staff recommends denial. · Planning Staff released the final occupancy for units 3, 4 and 5 with a letter from the applicant and buyers that stipulates that changes would be made if required by Council. · Phase II will be available for occupancy in mid-November. It may be necessary to obtain similar letters to release final occupancy. Commissioner Alne asked why the applicant was seeking to delete this detail. What is the cost of changing the windows? Ms. Aki Irani replied that the applicant has expressed the desire to place more attention on the single-hung windows. The grids don't give the appearance of being divided windows. Applicant has stated that to change the windows to grid windows would cost $100,000 or $4,000 per unit. Chairman Lindstrom asked for the SARC report. Commissioner Keams presented the Site and Architectural Review Committee report as follows: · SARC is not supportive of the change and would like to see the grids installed. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 2. Mr. Mark Robson, Santa Clara Development, Applicant: · Stated that he is proposing to leave the grids out because the plastic grids are not consistent with the Craftsman style architecture. · What he has built is consistent. · Advised that he has made many upgrades in his project. While the Peachtree homes sell for $150,000 to $200,000 more per home, his roof material is superior as is his siding material. The quality of windows he has installed (Millguard) is the finest available and comes with a lifetime guarantee. · He has spent money in the area including the repainting of the Dairy Barn. He purchased a home adjacent to his project, paying twice what he paid for any other lot, simply to improve the streetscape. He increased the required street trees from 36-inch box to 48-inch box at a cost of $20,000. These improvements were not in his best financial interest but he is trying to build the best possible development. · The buyers don't want plastic mullions on their windows. · Asks the Commission to consider his request. Chairman Lindstrom asked if there were any questions. Planning Commission Minutes of October 22, 1996 Page 5 Commissioner Alne asked why Mr. Robson was going against the windows designed by his architectural firm. Mr. Mark Robson replied that the architect is comfortable with the quality of windows being installed. Commissioner Alne asked what it would cost to retrofit the windows. Mr. Mark Robson referred the question to the window company representative. Ms. Jolene Queen, Northeast Window & Door: · Stated that Mr. Robson buys quality. · Project has four floor plans. · There are thirty eight pieces of glass on average for each residence. · As there is a lifetime warranty, all changes have to be done by factory crews, including the need to re-glaze. There is approximately $1,150 in labor per home or $40 per pane. Commissioner Alne asked the cost of repair if a window is broken. Ms. Jolene Queen responded $200 each. Commissioner Gibbons asked if the sashes could be changed. Ms. Jolene Queen replied that that was not possible as the upper panel of the window is integral with the frame not a moveable sash. Commissioner Gibbons asked if the grids were not just snapped in. Ms. Jolene Queen advised that they are installed within two panes of glass. Commissioner Meyer-Kennedy asked how many homes would have to be changed. Ms. Jolene Queen answered 22 of the 25. Commissioner Jones stated that he would have approved the project without the grids. Is this government intrusion? The lack of grids does not detract from the project and to force the applicant to change the windows now is adding expense. Feels that the windows should be allowed to stand as is even if the developer made a mistake in not advising staff of the change. Commissioner Lowe asked if the buyers of the sold units (3,4 & 5) were notified. Mr. Mark Robson said all three were notified. They all like their homes as is. The next group of buyers will move in November. Planning Commission Minutes of October 22, 1996 Pa~e 6 Commissioner Alne asked if the grid windows were depicted in the sales material. Mr. Mark Robson said they were. Commissioner Alne asked if the price of the homes were being reduced by $4,000 to reflect the savings in not putting the promised windows. Chairman Lindstrom advised that the buyers know what they are getting simply by looking at their new home and during the walk through. Commissioner Meyer-Kennedy advised that she agrees with Commissioner Jones. With or without grids, she would have approved this project. However, she said she had a problem with the change in mid-construction. Stated that it appears the builder did this unintentionally. Commissioner Gibbons stated that she concurs with Commissioners Meyer-Kennedy and Jones. It is awkward that the change was not requested in proper fashion. There is no decrease in value. What's in the house supercedes what the brochure depicts. Commissioner Lowe stated that the applicant has done a good job. The Planning Commission however has a duty to uphold what it has approved and should forward that recommendation to Council. Commissioner Gibbons asked Commissioner Lowe if he was suggesting accepting the existing windows. Commissioner Lowe stated that he was undecided. Chairman Lindstrom stated that no matter what, this matter goes to Council for final approval. Chairman Lindstrom closed Public Hearing No. 2. Motion: Upon motion by Commissioner Jones, seconded by Commissioner Meyer- Kennedy, the Commission adopted Resolution No. 3053 recommending approval of a Modification (M 96-12) to a Planned Development Permit (PD 95-01) to allow the elimination of architectural window details on 25 residential units located at 845-885 San Tomas Aquino Road, by the following roll call vote: AYES: Gibbons, Jones, Lindstrom, Meyer-Kennedy NOES: Alne, Kearns, Lowe ABSENT: None ABSTAIN: None Planning Commission Minutes of October 22, 1996 Page 7 This application will be considered by the City Council at its meeting of Monday, November 4, 1996. Commissioner Lowe recommended that the applicant bring as many of the new homeowners to the Council meeting as possible. Chairman Lindstrom read Agenda Item No. 3 into the record. 3. Appointment Appointment of a member of the Planning Commission to the City's Tree Committee to help develop the draft of a City of Campbell Tree Ordinance. Mr. Steve Piasecki, Community Development Director, presented the staff report as follows: · The Tree Committee will consist of eight people (representatives of each City Commission, a neighborhood association representative, one resident at large, one member of the Chamber of Commerce and an arborist). · There will be about 4 to 5 meetings. · Council has provided guidelines with exceptions for single family developed homes. Commissioner Alne was encouraged to volunteer which he graciously did. Commissioner Kearns asked why this Ordinance was being developed. Mr. Steve Piasecki advised that the Ordinance is the result of the Harriet Avenue project which included a 300 year old oak tree on site and the Council's realization there is no process established to consider such a tree. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following additions: · City Council met on October 21st and approved the Service Organization Sign. · Council will host a Study Session on October 24th (Thursday) to discuss a Park Implementation Plan, Downtown Business Assistance Program and NOCA. · Barnes & Noble bookstore is now open at Pruneyard. · Building plans have been submitted for a 8,000 square foot restaurant, Rock Bottom Brewery, at Pruneyard. Plannin~ Commission Minutes of October 22, 1996 Pa~e 8 AD~IOURNMENT The Planning Commission meeting adjourned at 8:27 p.m. to the next Planning Commission meeting of November 12, 1996, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. ~ SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: ATTEST: