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PC Min 06/28/2005 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JUNE 28, 2005 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of June 28, 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: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner Elizabeth Gibbons Bob Alderete George Doorley Mark Ebner Tom Francois Michael Rocha Bob Roseberry Commissioners Absent: None Staff Present: Community Development Director: Associate Planner: City Attorney: Recording Secretary: Sharon Fierro Tim J. Haley William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission minutes of June 14, 2005, were approved as submitted. (7-0) COMMUNICATIONS 1. Revision to page one of staff report for Item No. 1. 2. Revised findings for Item No.3. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of June 28, 2005 Page 2 ORAL REQUESTS There were no oral requests. *** PUBLIC HEARING Chair Gibbons read Agenda Item No.1 into the record as follows: 1 PLN2005-48 Hummel, J. Public Hearing to consider the application of Ms. Jennifer Hummel, on behalf of Cullen DeMattei Development, Inc., for a Tentative Subdivision Map (PLN2005-48) to allow the creation of nine residential lots on property owned by Cullen DeMattei Development, Inc., located at 500 W. Latimer Avenue in an R-1-6 (Single Family Residential) 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: Tim J Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking approval of a Tentative Subdivision Map to allow the creation of nine single-family lots on a two-acre parcel locate at the south side of Latimer Avenue that bridges two sections of Llewellyn Avenue. Three single-family lots will front on Latimer Avenue and six lots will access from Llewellyn Avenue from a cui de sac extension. . Said that the proposed lots will range in size from 6,024 square feet to 8,953 square feet. The average lot size is 7,375 square feet. . Explained that the zoning is R-1-6 which requires a minimum lot size of 6,000 square feet. This project complies with the R-1-6 zoning requirements. The project is being developed at 4.5 units per gross acre and the General Plan allows a density of less than 6 units per gross acre. . Stated that specific building designs would be reviewed by the Community Development Director through a Building Department submittal of plans. . Reported that the possibility of connecting the north and south directions of Llewellyn Avenue. Staff is recommending that Llewellyn not be connected as it would create the potential for greater cut through traffic in this neighborhood, which staff does not want to encourage. However, a pedestrian easement is proposed between two lots. . Recommended the adoption of Resolution to adopt the Negative Declaration and another Resolution to approve the Tentative Subdivision Map. Commissioner Doorley asked if the gap between the streetscape on the Latimer Avenue frontage would be filled in. Planner Tim J. Haley reported that this developer would not be responsible for installing the streetscape in front of other properties so the gap would not be entirely completed. Planning Commission Minutes of June 28, 2005 Page 3 Commissioner Doorley said that he could see two sides of the equation when considering the issue of extending Llewellyn. This extension could lessen traffic impacts on other streets. He asked staff what is the real reason not to support this extension of Llewellyn. Planner Tim J. Haley explained that the developer can create more lots without this connection. Additionally, staff believes that this connection would create additional cut through traffic. Commissioner Doorley asked if the pedestrian access that is proposed for the border of one property line would be paved. Planner Tim J. Haley said that it would be an eight-foot wide easement with four-foot wide paved path. Commissioner Doorley asked if it would run alongside the driveway. Planner Tim J. Haley replied that it would be adjacent to the driveway. Commissioner Ebner asked if a traffic study has established the traffic volume if Llewellyn were to be connected. Planner Tim 1. Haley: . Said that staff does not have the specific volume if through traffic were allowed. . Explained that traffic generation from this subdivision is not considered significant. The standard is 10 trips per day from each single-family use. With three more houses fronting along Latimer Avenue, this equals 30 more daily trips on Latimer Avenue. The majority of the residences (six) would access from Llewellyn. Commissioner Roseberry asked if access from the subject property was provided to the adjacent (Anderson) property. Planner Tim J. Haley replied no, the Anderson property accesses from Latimer Avenue and includes two houses on a flag lot. Commissioner Roseberry asked if there is a physical barrier there. Planner Tim 1. Haley replied a fence. Commissioner Rocha asked if staff is satisfied with the existing cyclone fence barrier. Planner Tim J. Haley replied that this is an existing condition for that property. Chair Gibbons said that there are a series of flag lots on adjacent parcels. Planner Tim J. Haley explained that there is one flag lot with two houses on it. One large lot is not separated at this time. Planning Commission Minutes of June 28, 2005 Page 4 Chair Gibbons asked if these properties were joined. Planner Tim J. Haley replied not at this time. Chair Gibbons stated that a right-of-way is planned as well as easement for water main and utilities. Planner Tim J. Haley replied correct. Chair Gibbons asked who would be responsible for maintenance of the walkway. Planner Tim J. Haley advised that the Public Works Department has accepted this as a public easement. Commissioner Rocha asked if any public comments had been received. Planner Tim J. Haley replied that none were received. Chair Gibbons asked for an explanation of the notification process. Planner Tim J. Haley replied that 300 foot notices were sent to approximately 50 to 60 property owners. Chair Gibbons said that she would like to see more people notified. Chair Gibbons opened the Public Hearing for Agenda Item No.1. Ms. Sanhita Mallick, 504 Latimer Circle, Campbell: . Explained that she and her husband reside in the townhome complex located to the west of this property. This property is behind her backyard. . Stated that she is excited about this new development and its associated street improvements. . Said that she has lived in the City for two years. . Expressed concern about noise, air quality during construction and retention of solar access. . Said that she brought a letter to the Commission tonight and will read from it. . Pointed out that several mitigation measures are included in the Negative Declaration and would like to be sure these measures are included in the Conditions of Approval for this project so as to be enforceable. . Stated her concern about construction noise impacts for this two-acre parcel that is surrounded by approximately 15 to 17 existing residential uses around this lot. . Said that there are considerable noise impacts during construction and suggested that construction hours be limited to Monday through Friday only and Saturday hours only if there are no audible impacts. Planning Commission Minutes of June 28, 2005 Page 5 . Explained her concerns about solar access since the height of the proposed new homes are tentative at this time. Requested that during Design Review those solar impacts be taken into consideration by the City and that such impacts not be unduly compromised. Reiterated that she is happy that this site is being developed. . . Commissioner Francois told Ms. Sanhita Mallick that she has made a great presentation and assured that mitigation measures are included in the Conditions of Approval. He said that construction hours are established and that the dust issue can be talked about further. Ms. Sanhita Mallick pointed out that the existing construction hours include Saturdays until 4 p.m. and she is requesting that Saturday hours be limited to tasks that are non-noisy. She added that dust and air quality impacts don't appear in the Conditions of Approval. Chair Gibbons said that the Community Development Director can review this issue. Director Sharon Fierro reported that the mitigation measures included in the Initial Study are taken from "Blueprint for a Clean Bay." These measures are required of every development and appear on the first sheet of every construction document as well as Federal law. During construction, a site needs to be watered and streets need to be swept. Chair Gibbons added that there is also a standard condition that requires contact information for the project contractor to be posted on site. Commissioner Roseberry asked if the mitigation measures in the Mitigated Negative Declaration are included in the Conditions of Approval for this project. Director Sharon Fierro cautioned that the conditions for the map expire upon approval of the final map. Commissioner Alderete asked Ms. Sanhita Mallick whether she means sunlight when she states solar access. Ms. Sanhita Mallick advised that her backyard faces this property and some of these new homes could be located close to the property line. She said that it is hard to determine whether these new homes would block access to sunlight from her property. Mr. Les Boyd, 75 Llewellyn Avenue, Campbell: . Said that it appears that it is not a done deal regarding the issue of having Llewellyn Avenue going through all the way. . Stated his belief that a cui de sac is fine but if Llewellyn were to be extended the impacts on his street would be devastating. . Explained that there are already specific traffic control measures in place along Hardy. . Cautioned that Post Office traffic would likely go directly through to Campbell Avenue if Llewellyn Avenue were to be extended. . Informed that there are lots of kids living on Llewellyn and that this is a family street. Planning Commission Minutes of June 28, 2005 Page 6 . Expressed concern that through traffic would destroy that feeling. Said that there are already lots of stop signs along Llewellyn to slow existing traffic and there is already a traffic issue in the area. Reported that he recently attended another community meeting regarding a proposed low- income housing project and anticipated associated traffic impacts. Stated that most residents are content with this project without inclusion of a through street. Life would be shattered with that street extension. . . . Commissioner Doorley: . Cautioned that residents are reading more into the use of the word "if' when discussing the idea of a through street versus cui de sac. . Advised that nothing is final until the public hearing occurs and community feedback received. . Said that the developer's financial interest in developing as many lots as possible must be offset by consideration ofthe traffic impacts ofthe project. . Explained that he knows this area well having previously lived on Latimer Circle for a number of years. . Assured that he knows the traffic issues of the area. Commissioner Ebner cautioned that the concerns to be taken into consideration are not just Llewellyn but for the entire neighborhood. He added that there are children living on all of these local streets. Mr. Joel Andren, 76 Llewellyn Avenue, Campbell: . Said that he is in favor of this proposed development and explained that he is a neighbor of Mr. Les Boyd. . Said that this is a good solution traffic wise. . Cautioned that one provides demand by providing access. . Stated that having additional residential lots is a wise use of property and allows additional tax revenue for the City. . Said that these are nine very comfortable lots that will benefit the City and the immediate community. Ms. Gina Duren, 138 Llewellyn Avenue, Campbell: . Said that each year for July 4th Mr. Les Boyd brings out his antique tractor and parades it for the children of the neighborhood. . Explained that this is a family-oriented street. . Assured that as a resident on Llewellyn she and her family are respectful of local streets. . Said that through traffic on Llewellyn would mean giving up a healthy lifestyle. . Pointed out that the other nearby streets were through streets when the owners bought their homes while Llewellyn has not been a through street. . Said that there are already existing traffic problems. . Reported that she has been trying to work to get speed limits down to 15 miles per hour in her neighborhood since people typically drive through the area between 35 and 40 miles per hour currently. Planning Commission Minutes of June 28, 2005 Page 7 . Said that construction would have an impact but understands that this is for a short time. . Asked that the City not take away from the south side of Llewellyn by making the street connect. Commissioner Alderete thanked Ms. Gina Duran and said that her points were well said. He asked for clarification from staff that they were not recommending vehicular connection from one side of Llewellyn to the other. Planner Tim J. Haley replied correct. Ms. Catherine Carrow, 87 Llewellyn Avenue, Campbell: . Said that she understands that the proposed plan is for a cui de sac and questions the appearance of doubt from the Commission as to whether to go with that cui de sac or consider the connection of Llewellyn Avenue. . Added that it gives the impression that this Commission wants to change to a through street. . Said that she has five children that play on the street and does not want to see the same problems as existing on other nearby streets with through traffic. . Said that she is happy with the development and likes the proposed plan. . Stressed her wish that Llewellyn not go through. Commissioner Francois assured that the opinions of local residents mean a lot to the Commission and the Commission will examine the project and make a fair decision for the community. Commissioner Rocha: . Said that he is hard pressed to find a neighborhood without traffic issues. . Added that the totality of Campbell must be taken into consideration. . Assured that there is nothing that pushes the extension of Llewellyn Avenue. Ms. Catherine Carrow said that it would be best of Llewellyn does not go through. Mr. Bob Cullen, Project Developer, 1650 The Alameda, San Jose: . Thanked the local neighbors for being here this evening. . Said that Planning staff has been great and that staff is recommending that Llewellyn not be extended. . Stated that he wants to raise the issue that Mr. Boyd is not supportive of a pedestrian walkway adjacent to his property. . Said that Planning staff sees this pedestrian access as a public improvement and that this idea is not coming from the developer but rather would represent an attractive nuisance and might not be in the best interest of the people on Llewellyn. . Added that he will do whatever the Commission decides on this pedestrian easement. . Thanked the Commission and said he would be available for any questions. Ms. Joyce Yamamoto, 162 N. Llewellyn Avenue, Campbell: Planning Commission Minutes of June 28, 2005 Page 8 . Said that she resides at the end of Llewellyn. . Reiterated her concerns about the traffic issues. . Reminded that her street leads to the Post Office and would become a primary cut through to the Post Office if Llewellyn were to be connected. . Stated that she does not want to see increased traffic in her neighborhood with an extension of Llewellyn. . Questioned the notification procedure and said she did not receive notice of this meeting. Planner Tim J. Haley explained that owners of record within 300 feet are notified. Some owners along Llewellyn are beyond the 300 foot distance and do not receive notification. Ms. Joyce Yamamoto asked when the final plan, including whether Llewellyn is to go through, is approved. Chair Gibbons said that the decision is to be made this evening on the Tentative Subdivision and on the specific homes for these lots later on at staff level. Ms. Joyce Yamamoto asked if there would be any subsequent meetings. Chair Gibbons explained that a Tentative Subdivision Map falls under the jurisdiction of the Planning Commission and its action is final unless that action is appealed within 10 calendar days to the City Clerk. Since the lots are zoned R-1-6, review of the specific homes would be done at staff level. Planner Tim J. Haley said that no public hearing is required for single-family residences in an R-1-6 Zoning District. Chair Gibbons said that the parcels are what are being decided upon tonight. Ms. Joyce Yamamoto asked if plans had been sent with the notification. Planner Tim J. Haley replied no, just notification of the hearing itself with a location map. Ms. Joyce Yamamoto expressed concerns about the proposed pedestrian walkway and mentioned existing problems with children from the Eastfield Home regarding fence and landscaping damage caused by children congregating alongside her property. Mr. Mauricio Gonzalez Lopez, 149 Llewellyn Avenue, Campbell: . Stated that he is happy with this proposed project. . Asked the Commission to consider the safety of the neighborhood and keep Llewellyn closed. Ms. Diane Loughran, 538 W. Latimer Avenue, Campbell: . Pointed out that the grade for this lot is lower than the grade for the adjacent townhome development where she lives. . Asked if the grade would be raised to match. Planning Commission Minutes of June 28, 2005 Page 9 . Asked if consideration of an access easement along the back of the townhomes could be considered. Commissioner Doorley said that doing so would require giving land from this project over to the townhome to create this easement, which is not likely. Ms. Diane Loughran asked about the grade. Planner Tim J. Haley replied that the grading and drainage plan would assure that this property properly drains to the public right-of-way. Director Sharon Fierro said that one property cannot degrade an adjacent property and that she suspects that drainage would be improved with this project. Mr. Bob Cullen explained that he has hired a reputable civil engineering firm who will take into consideration the differences in grade. He suggested that perhaps a slight retaining wall with fencing could be incorporated with the cooperation of the townhome development. Chair Gibbons explained that a site is often raised. Mr. Bob Cullen said that the property will need to drain to the public right-of-way and assured that he would work with the adjacent property owners. Mr. Les Boyd: . Said that he is not supportive of the proposed pedestrian walk through personally. . Added that through conversations with some of his neighbors, it is clear that many of them are also not in support of this walkway although he does not presume to speak on their behalf. Ms. Sanhita Mallick, 504 Latimer Circle, Campbell: . Expressed support for the walkway. . Said that she enjoys using the parks and Community Center a lot. . Said that potential issues with this walkway can be solved by proper design. Ms. Joyce Yamamoto asked if copies of the plans are available. Chair Gibbons said that since the copies available have run out Ms. Yamamoto can obtain copies from staff later this week. Chair Gibbons closed the Public Hearing for Agenda Item No.1. Commissioner Roseberry: . Said that development is meeting the rules and that these are compliant lots. . Stressed that he understands the traffic issues raised and said that he is not in favor of Llewellyn going through. Planning Commission Minutes of June 28, 2005 Page 10 . Said that it appears that the site will drain pretty well and notices a significant number of French drains on the grading plan. . Cautioned that these French drains tend to fill up over a 20 to 30 year period and cease to function properly. . Asked staff what would preclude the owners of these new residential properties from compromising the functioning of these French drains. . Suggested adding something in the property agreement that would preclude the homeowners from disturbing these French drains. Director Sharon Fierro reminded that specific drainage plans would be considered with each actual home plan submittal. Commissioner Roseberry: . Said he is torn on the issue of the pedestrian pathway. . Said he is generally not a big fan of having paths located alongside a property. . Added that there is already the problem of deep flag lots and said that people may walk down the flag lot driveway and jump over the fence. . Said that there is a chance to control the flow of pedestrian traffic. . Stated that this project fits in with the rules and there is no reason to deny it. . Advised that he will be supportive. Commissioner Doorley: . Said that he too plans to be supportive with the cui de sac and the pedestrian path. . Stated that the pedestrian path would be a useful community access and compromise. . Assured that projects such as this one is not a "done deal" when it arrives before the Commission for a public hearing. . Said that he has general traffic concerns that would be increased if Llewellyn were to cut through. . Supported the plan as proposed. Commissioner Rocha: . Expressed concern about the proposed density but fully understands the need for as many units as possible. . Said he does not support having a through street. . Commended the Llewellyn residents for their comments. . Stated his support for the pedestrian pathway. . Said that the additional traffic from this project is just 80 additional daily trips. . Stated the importance of functioning French drains for adequate site drainage. . Asked if this project would include CC&Rs. Director Sharon Fierro advised that there are no CC&Rs required here. She assured the Commission that she would make sure that each drainage plan works. Chair Gibbons asked about the access to the flag lot on the adjacent property via the new cui de sac. Planning Commission Minutes of June 28, 2005 Page 11 Director Sharon Fierro advised that there is an agreement for shared maintenance between these two property owners. Planner Tim J. Haley advised that there is a cyclone fence in place right now on the Anderson property. Chair Gibbons asked what the agreement between these two owners is. Is this going to be a dedicated public easement? Where exactly is the proposed pedestrian walkway? Commissioner Roseberry replied that the walkway is situated between Lot 3 and Lot 4. Chair Gibbons asked if the City would take possession of this pedestrian walkway and maintain it. Planner Tim J. Haley replied that it would be a public easement and maintained by the City. The lot would be privately owned but encumbered with a public easement. Commissioner Ebner: . Said that this is a case of "damned if you do, damned if you don't." . Said that he too has a problem with the density. . Agreed that everyone here loves the City of Campbell. What it is now. A small town. . Explained that he has been here since 1959. . Stated his belief that he is hearing "not in my backyard" here. . Reminded that the Commission is responsible for representing all of Campbell. . Said that he has problems with the hearing notification and wished that more owners had heard of this meeting, perhaps fro Carlyn, Milton and Hardy. Commissioner Doorley said that the only impact on the other streets would be from three new homes accessing Latimer Avenue. The rest would leave Llewellyn onto Campbell Avenue. Chair Gibbons: . Said that she has been struggling with this project all night. . Explained that it is unusual for this Commission to deal just with a subdivision map. Rather the Commission usually deals with a Planned Development where the whole project is reviewed together and gives a better sense of what to expect. . Proposed a continuance of this item to allow additional discussion on several points to occur. . Said that she has trouble with the proposed density and said that additional information is required on issues that include the cui de sac, large lots, flag lots and large houses. . Said that there are setback issues. Additionally, nothing is known about Tree Removal Permits. She does not like the driveway access to Llewellyn Avenue. . Stated that the walkway is a great idea. . Said that she is more comfortable with Llewellyn not going through although she has mixed feelings. Planning Commission Minutes of June 28, 2005 Page 12 . Said that she is not comfortable with the site layout and the resolution of the walkway. Commissioner Roseberry: . Asked staff to advise what it would take for a property owner to activate a private drive ingress/egress. . Asked if the driveway connection between north and south Llewellyn would be considered a private street. Director Sharon Fierro replied no. Planner Tim J. Haley reminded that the frontage for the Anderson property is along both Latimer and Llewellyn. Commissioner Roseberry asked if this access for the Anderson property would inadvertently create a private throughway. Planner Tim J. Haley reported that there are two houses on the flag lot property (Anderson property) and there could be three based on the size of the lot. The flag lot is only accessed from Latimer Avenue via the long driveway. Commissioner Rocha said that perhaps a continuance is required here. Commissioner Roseberry said that he does not want to delay this project unnecessarily but that two properties would have a way to access all the way through Llewellyn perhaps crating a problem. Planner Tim J. Haley suggested reopening the public hearing and having the neighboring property owner discuss this issue. Commissioner Roseberry cautioned that the approval goes with the property and not just the current owner. The neighborhood needs to be aware of that fact. Chair Gibbons asked about continuing discussion and the request to reopen the public hearing. Commissioner Alderete said that he would like to hear from the property owner. Chair Gibbons re-opened the Public Hearing for Agenda Item No.1. Mr. Verne Anderson, Owner, 482-484 W. Latimer Avenue, Campbell: . Advised that he has been involved with the discussions on this project since the beginning. . Explained that he has owned his property for 27 years and has enjoyed looking at this open space during that time. Chair Gibbons asked for the intentions with the driveway. Mr. Verne Anderson: Planning Commission Minutes of June 28, 2005 Page 13 . Said that he hopes to maintain it as it is with the fence in place. . Added that within 10 years, he plans to subdivide his property and join the cui de sac. . Said that his property would continue to be fenced off from Llewellyn and he plans to continue to use his driveway access to Latimer. . Said that he is in favor of the pedestrian walkway path since his property is currently serving as the walkway path for students who climb his fence, often with their bicycles in tow. Commissioner Alderete asked Mr. Verne Anderson what the fence consists of currently. Mr. Verne Anderson replied that it is a steel cyclone fence. Commissioner Alderete asked Mr. Verne Anderson if he would consider another type offence. Mr. Verne Anderson replied no, he prefers to retain the existing cyclone fence. Commissioner Alderete asked if this fence would block vehicular traffic. Mr. Verne Anderson replied yes. Commissioner Alderete asked Mr. Verne Anderson if he is against installing a new fence. Mr. Verne Anderson replied that the area is 400 feet wide and it would be difficult to maintain such a large wood fence. Commissioner Roseberry asked about the proposed property transfer/easement. Mr. Verne Anderson deferred this question to Mr. Bob Cullen. Commissioner Roseberry said that it appears that the driveway curb cut is proposed to be installed with this subdivision. Mr. Verne Anderson replied yes. Mr. Bob Cullen: . Explained that Mr. Verne Anderson and he had worked with the Planning Department very well. . Said that there is the potential for subdivision of the Anderson property in the future. . Reported that this provides good access for all houses and the plan was arrived at jointly to allow this future development by Mr. Anderson. It represents future planning. This access would not be used by Mr. Anderson until such time that he subdivides his property. . Advised that in cooperation with Mr. Anderson, he is giving him some land so the driveway meets Code requirements with approximately three feet given. Commissioner Roseberry asked if this transfer/easement gives the existing building access from the east. Planning Commission Minutes of June 28, 2005 Page 14 Mr. Bob Cullen: . Said that it creates a 10 foot wide driveway. Llewellyn Avenue would consist of just a curb cut for Mr. Anderson until he subdivides his property. . Expressed concern over the concept of a continuance when this project meets the City's density and zoning requirements. These lots comply. . Said that it appears that there is consensus that the pedestrian walkway is fine and the neighbors seem to agree. . Declared that no new information is necessary and that delays cost quite a lot of money. Chair Gibbons re-closed the Public Hearing for Agenda Item No.1. Commissioner Roseberry: . Said that the neighbors should know that the lands of Anderson will be up for similar development in the future. . Stated that if this proposal meets requirements, there is no reason to deny that. . Added that the connection between the two streets bothers him. Commissioner Alderete asked Commissioner Roseberry if he is speaking of the pedestrian or driveway connection. Commissioner Roseberry said that the driveway through is weird. Commissioner Ebner said that the neighborhood already has traffic and that more traffic would be generated from this arrangement. Chair Gibbons said that this project appears to meet requirements and that she is disappointed that the notification is not broader. Commissioner Roseberry said that the driveway cut for the Anderson property would save money in the short run but he is not sure what it actually buys but confusion for those driving down the street. He asked staff if that curb cut could be eliminated from this project. City Attorney William Seligmann replied yes but that the easement cannot be stopped. He asked staff if the curb cut is part of the subdivision. Planner Tim J. Haley said that it is possible to eliminate the curb cut for the Anderson property. Director Sharon Fierro reminded that his owner could ask the City at any time for authorization to install this curb cut. Chair Gibbons asked whether the Commission would review the subdivision of the Anderson property in the future. Planning Commission Minutes of June 28, 2005 Page 15 City Attorney William Seligmann replied that the subdivision of this property would either be handled at staff level or by the Planning Commission depending upon the number of lots proposed. Commissioner Roseberry asked if the easement over the property is being granted for a specific purpose of access. City Attorney William Seligmann said he would have to see the specific language of the easement to answer that question. Chair Gibbons asked if there is any value in a continuance. Commissioner Alderete said that he did not feel it was necessary to continue this item. He questioned why so much time has been spent discussing the potential of Llewellyn being extended through when that is not part of the proposal submitted. He said it was in the best interest of Mr. Anderson to prevent cars from crossing his property as a cut through to the other side of Llewellyn and was confident Mr. Anderson would ensure that did not happen. Commissioner Francois said he concurs. Commissioner Roseberry also said he concurred. Chair Gibbons: . Outlined the issues pending as: 0 A subdivision a presented with a cui de sac; 0 Assurances that site drainage would be adequate; 0 Pedestrian walkway maintenance; 0 Curb cut installed for Anderson property or not; 0 Appropriateness of the density of proposed development; 0 Clarify that all mitigations outlined in the Initial Study be incorporated through the Site and Architectural Review Permit approvals. City Attorney William Seligmann suggested requiring the execution of an agreement to comply with the Conditions of Approval to take place prior to final map approval. He suggested the following language: "Prior to issuance of final map, the owner/developer shall execute an agreement to the satisfaction of the City Attorney that requires satisfaction of the conditions of approval for this project. " Commissioner Doorley proposed eliminating the curb cut onto Llewellyn onto the Anderson property. Director Sharon Fierro suggested adding the condition that "The Community Development Director shall review and evaluate the adequacy of site drainage plans. " Commissioner Alderete supported the requirement to eliminate the curb cut as being sufficient enough to eliminate vehicular access from Llewellyn to Latimer. Planning Commission Minutes of June 28, 2005 Page 16 Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Francois, the Planning Commission took the following action: . Adopted Resolution No. 3660 adopting a Mitigated Negative Declaration; and . Adopted Resolution No. 3661 approving a Tentative Subdivision Map (PLN2005-48) to allow the creation of nine residential lots on property owned by Cullen DeMattei Development, Inc., located at 500 W. Latimer Avenue, with the amended conditions of approval to eliminate the curb cut to the Anderson property and have the Community Development Director review the grading and drainage plans for adequacy; by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois and Roseberry NOES: Gibbons and Rocha ABSENT: None ABSTAIN: None Chair Gibbons advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Chair Gibbons called for a break at 9:40 p.m. *** Chair Gibbons reconvened the meeting at 9:46 p.m. Chair Gibbons read Agenda Item No.2 into the record as follows: 2 PLN2005-06 (M) PLN2005-42 (UP) Snyder, L. Public Hearing to consider the application of Mr. Larry Snyder, on behalf of Guaranty Bank, for a Modification (PLN2005-06) to a previous Site and Architectural Review Permit and a Conditional Use Permit (PLN2005-42) to allow the construction of a bank building with drive thru lane on property owned by Guaranty Bank located at 70 W. Hamilton Avenue in a C-2-S (General Commercial) 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 approval of a Modification to a previously approved Site and Architectural Review Pennit and Conditional Use Pennit to allow the remodel of an existing commercial building located on the south side of W. Hamilton Avenue where Valley Credit Union used to be located. Planning Commission Minutes of June 28, 2005 Page 17 . Said that this request will allow the remodel of this building for Guaranty Bank to include a new drive through at the easterly side of the building. . Explained that this proposal is consistent with the General Plan Land Use and Zoning (C-2 - General Commercial) designations for this property. . Reported that proposed hours of operation are from 8 a.m. to 6 p.m. Monday through Friday. . Said that there are 33 parking spaces provided, which exceeds the requirement by 17 spaces. . Stated that this remodel will result in an updated building appearance and will include the installation of Streetscape along the Hamilton Avenue frontage. . Recommended adopting of a resolution approving this project. . Reported that SARC reviewed this request and the applicant has revised the plans per the recommendations made by SARc. Chair Gibbons asked about the hours. Planner Tim 1. Haley advised that the applicant is asking for operational hours from 8 a.m. to 6 pm. weekdays although they can have longer hours under this zoning. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on June 14th and was supportive. . Explained that SARC had requested additional architectural details including additional screening of roof-mounted equipment, a cornice at the roof and enhanced parking lot lighting. Chair Gibbons opened the Public Hearing for Agenda Item No.2. Mr. Robert Lyman, Project Architect: . Stated that he was available for any questions. . Said that he is in agreement with the staff recommendations. Chair Gibbons closed the Public Hearing for Agenda Item No.2. Commissioner Ebner asked if the SARC changes have been reflected on the plans. Commissioner Alderete replied yes. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3662 approving a Modification (PLN2005-06) to a previous Site and Architectural Review Permit and a Conditional Use Permit (PLN2005-42) to allow the construction of a bank building with drive thru lane on property owned by Guaranty Bank located at 70 W. Hamilton Avenue, by the following roll call vote: Planning Commission Minutes of June 28, 2005 Page 18 AYES: Alderete, Doorley, Roseberry None None None Ebner, Francois, Gibbons, Rocha and NOES: ABSENT: ABSTAIN: Chair Gibbons advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Gibbons read Agenda Item No.3 into the record as follows: 3 PLN2005-54 Public Hearing to consider the application of Mr. William Justi, Justi, W. on behalf of Sam and Virginia Stafford, for a Site and Architectural Review Permit (PLN2005-54) to allow a residential addition that exceeds the .45 maximum allowable FAR on property owned by Sam and Virginia Stafford located at 28 Hunt Way in an R-1-6 (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: 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 approval to allow FAR greater than .45. . Explained that this site is proposed at a .47 FAR to allow an addition on an existing detached garage and workshop in order to accommodate a secondary living unit. . Reported that this proposal is consistent with development standards and that an FAR greater than .45 is allowed with Planning Commission approval. . Recommended the adoption of a resolution approving this request and reported that this item was reviewed by SARc. Commissioner Doorley asked if a portion of the workshop would be used as part of the 638 square foot secondary living unit. Planner Tim J. Haley replied that a portion ofthe existing workshop's square footage would be utilized for the second unit but that the maximum square footage allowed for a second unit is 640 square feet. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on June 14th and was supportive as presented. . Mentioned that this project would not be visible from Hunt or W. Campbell Avenue. . Said that a legal non-conforming setback would be extended slightly. Planning Commission Minutes of June 28, 2005 Page 19 Chair Gibbons opened the Public Hearing for Agenda Item No.3. Mr. Bill Justi, Applicant/Project Designer: . Said that this is the best use of space and that the rear setback would be extended along the existing structure. . Stated that he was available for any questions. Mr. Sam Stafford, Property Owner, 28 Hunt Way, Campbell, asked about the communication received. Planner Tim J. Haley clarified that there was just a revision to the required findings so as to be consistent with the Zoning Ordinance. It was a matter of changing placement of findings to support approval of this project. Mr. Sam Stafford said that he looks forward to receiving approval. Mr. Andrew LeFabvre, 91 Hunt Way, Campbell: . Opined that this home dwarfs all others in the neighborhood. . Said that no homes are close to .45 FAR while this home is almost 4,300 square feet or twice the size of most homes in the neighborhood. . Agreed that this addition is located at the back of the property and would not be visible. . Pointed out that this home was rebuilt about 1.5 years ago and he questions why this second unit space was not included in the original plan when it could have been made more consistent in size. Planner Tim J. Haley explained that the FAR is the reason this request is before the Commission. Council allowed FAR over .45 up to .50 with Planning Commission approval. The Zoning Ordinance was changed last year to allow second units on 10,000 square foot lots where previously it required a 12,000 square foot lot to accommodate a second living unit. Chair Gibbons agreed that significant zoning changes were made a year ago and explained that the City's Housing Element responds to a State mandate the calls out the number of units each City must provide. Part of this update included reducing lot size requirements for secondary units to 10,000 square feet. Chair Gibbons closed the Public Hearing for Agenda Item No.3. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3663 approving a Site and Architectural Review Permit (PLN2005-54) to allow a residential addition that exceeds the .45 maximum allowable FAR on property owned by Sam and Virginia Stafford located at 28 Hunt Way with revised findings, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry Planning Commission Minutes of June 28, 2005 Page 20 NOES: None ABSENT: None ABSTAIN: None Chair Gibbons advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Gibbons read Agenda Item No.4 into the record as follows: 4 PLN2005-68 Lee, Y Public Hearing to consider the application of Mr. Young Lee, on behalf of California School of Art and Design, for a Modification (PLN2005-68) to a previously-approved Conditional Use Permit to allow the establishment of an art school for a maximum of 35 students within an existing school facility on property owned by Campbell Union School District located at 775 Waldo Road in a P-F (Public Facilities) 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 a previous approval was granted by the Commission on July 24, 2004, to allow a private school use on the former Hazelwood Elementary School site with up to 400 students and 30 staff. . Said that the applicant is seeking approval of a Modification to a previously approved Conditional Use Permit to allow the establishment of an art school at this location. . Explained that this proposed art school would consist of 1,700 square feet of an existing building. There is no proposed expansion ofthe building. . Said that the hours of operation would be from 2 p.m. to 8 p.m. Tuesdays through Friday and from 10 a.m. to 3 p.m. on Saturday. The maximum number of students would be 35 with 10 to 12 students on site at a time. These students are middle and high school aged. This is a private after school program. . Recommended the adoption of a Resolution approving this request. Commissioner Rocha asked staff what the ceiling might be as far as changes to this Use Permit. Planner Tim 1. Haley replied that any changes would come back to the Commission for review and approval with 300 foot notices going out to nearby property owners that would allow for neighborhood input. Again, the Planning Commission would review any requests for additional uses on site on a case-by-case basis. Planning Commission Minutes of June 28, 2005 Page 21 Commissioner Rocha asked for clarification that this art school could be turned over to another operator. Planner Tim J. Haley said correct. Another operator can assume this use within the parameters of the approval. Chair Gibbons reminded that with the original request issues of traffic and parking were raised. She asked ifthese issues have been resolved. Planner Tim J. Haley reported that no complaints have been received per the City's Traffic Engineer. The private school's administrator reported that they now have approximately 75 students enrolled so the use of this site is not intensive. Chair Gibbons sought assurance that the intensity is not increasing with this request. Planner Tim 1. Haley clarified that the maximum 400 students and 30 instructors would not be exceeded even with this art school being added on site. Chair Gibbons opened the Public Hearing for Agenda Item No.4. Chair Gibbons closed the Public Hearing for Agenda Item No.4. Motion: NOES: ABSENT: ABSTAIN: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3664 approving a Modification (PLN2005-68) to a previously-approved Conditional Use Permit to allow the establishment of an art school for a maximum of 35 students within an existing school facility on property owned by Campbell Union School District located at 775 Waldo Road, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None Chair Gibbons advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: . Announced that a temporary planner, Tom Williams, has been secured to help cover the duties of the Senior Planner, a position open with the recent departure of Geoff I. Bradley. Tom is a consultant who formerly was on staff with the Town of Los Gatos and served as Planning Commission Minutes of June 28, 2005 Page 22 Community Development Director for the City of San Bruno. He starts work tomorrow (June 29,2005). . Reported that Council adopted the Operating and Capital Budget and that many reductions have been made to result in less draws on the City's reserves. While the Planning Commission and Council meetings would continue to be televised, all other Board and Commission meetings would no longer be televised as a cost savings. . Said that two items are scheduled for the next Planning Commission meeting on July 12th. Chair Gibbons: . Reported that Director Sharon Fierro coordinated an excellent Workshop on June 22nd. . Said that she hopes staff will err on the side of caution regarding public hearing notifications. Director Sharon Fierro assured that notice lists are prepared based on distance from property boundaries. A larger notice area is typically developed for bigger projects such as Kohl's on Hamilton Avenue and Highway 17. Chair Gibbons asked that staff be sure to address the screening of roof-mounted equipment prior to projects appearing at Planning Commission meetings. ADJOURNMENT The Planning Commission meeting adjourned at 10: 17 p.m. to the next Regular Planning Comnllssion Meetin~ SUBMITTED BY: Corinn~/A. Shinn, Recording Secretary APPROVED BY: ~¿"'~ V r; {,~ ~~' Ch~ ATTEST: ~ Sfiaron FIerro, Secretary