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PC Min 07/26/2005 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JULY 26, 2005 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of July 26, 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 Elizabeth Gibbons Bob Alderete George Doorley Tom Francois Michael Rocha Bob Roseberry Commissioners Absent: Commissioner: Mark Ebner Staff Present: Community Development Director: Planner I: Planning Intern: City Attorney: Recording Secretary: Sharon Fierro Stephanie Willsey Nina Barboza William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Roseberry, the Planning Commission minutes of July 12, 2005, were approved as submitted. (6-0-1; Commissioner Ebner was absent) COMMUNICATIONS There were no Communications Items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of July 26, 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 PLN2005-50 Berar, C & A Public Hearing to consider the appeal of Connie and Andrei Berar of an Administrative Parcel Map Approval (PLN2005- 50) to allow the division of one lot into two residential lots on property owned by Mr. Basheer Ahmed located at 1690 Westmont Avenue in an R-1-9 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: . Reported that the property owner for 1690 Westmont Avenue processed a Parcel Map application to subdivide one property into two residential lots with a standard lot at the front and a rear flag lot. . Advised that this request is consistent with the General Plan and R-1 Zoning requirements. . Explained that the Community Development Director may approve up to a four-lot subdivision at an Administrative hearing. . Stated that such an Administrative hearing was held on June 20, 2005, which four people attended, including the applicant. Issues raised included the demolition of the existing residence on the property, fencing and future homes for the parcels. This request to subdivide this lot was approved. . Advised that on June 27, 2005, a letter appealing this decision was received from Connie and Andrei Berar. Commissioner Roseberry asked staff to elaborate on the differences between net and gross lot sizes, particularly as it pertains to the rear flag lot that is listed as 13,126 square feet gross and 11,310 square feet net. He asked how this is determined. Planner Stephanie Willsey explained that a minimum lot size for a flag lot must be 10 percent larger than the minimum lot size required under the Zoning District without counting the flag pole or access driveway. Commissioner Roseberry clarified that the net lot size discounts the flag pole. Planning Commission Minutes of July 26, 2005 Page 3 Planner Stephanie Willsey replied correct, the net lot size does not include the flag pole while the gross lot size does include it. Chair Gibbons clarified that under the R-1-9 Zoning the front lot must be a minimum of 9,000 square feet while the flag lot must be a minimum of 9,900 square feet. Chair Gibbons opened the Public Hearing for Agenda Item No.1. Mr. Andrei Berar, 1681 Westmont Avenue, Campbell: . Explained that his reason for appealing the Administrative decision was because no documentation has been provided on what would happen on the existing lot, whether the existing home would be demolished and that no architectural plans for new homes on these lots were provided. . Stated his concern over the potential for future two-story homes on these properties. . Reported that he and his wife recently completed the remodel of their own home. . Pointed out that there are no two-story homes nearby and that there are pre- existing traffic concerns for the area. . Reiterated that there has been no assurance as to what would happen with these two lots. . Stated his concern over privacy impacts on his own property Commissioner Roseberry asked Mr. Andrei Berar if his home is the one with the tennis courts with oversized lighting fixtures. He asked Mr. Berar how often those lights are used. Mr. Andrei Berar said that there is no power hooked up to those lights and that they are never used. Previous owners installed and used these lights but he had them disconnected because the wiring was inadequate and unsafe. Mr. Scott Croall, 1681 Fawn Court, Campbell: . Reported that he has lived here his whole life and could attest to the fact that his neighbor does not use the tennis court lights as they are located very near to his bedroom. . Explained that his concern is privacy impacts for his family, including two children that he plans to raise in this family home. . Added that the removal of any trees is also a concern as well as the positioning of future homes. . Stated that he does not want a tall house overlooking his yard creating privacy impacts. Mr. Basheer Ahmed, Owner & Applicant, 1690 Westmont Avenue, Campbell: . Said that he has owned this property for five years and moved out about two years ago. . Assured that he plans to build a house and come back to this property. Planning Commission Minutes of July 26, 2005 Page 4 . Reported that the existing structure would be demolished but that no trees would be removed and that new trees would actually be added to the property. . Advised that when he purchased this property it was full of junk and he had trucks full of debris removed from the property as well as installing a new fence. . Thanked staff, particularly Stephanie Willsey, for their work on this application. . Stated that he is not asking for any exceptions to City requirements but rather is asking the Planning Commission to uphold the provisions of these requirements. . Added that there are indeed lots of two-story homes in the neighborhood and area and that there are also lots of flag lots here. . Expressed his understanding and respect for the privacy impact concerns raised by his neighbors. . Said that he has preliminary plans that his neighbors can see if they wish to do so. . Asked the Commission to uphold staff's approval of his Tentative Parcel Map. Ms. Sharon Vick, 1120 Harriet Avenue, Campbell: . Said that she has resided here since 1960 and has the same concerns about privacy impacts since she has a pool in her yard. . Stated that she believes that a property owner should be allowed to do what they want with their own property. . Explained that a few years ago another adjacent neighbor had advised her of plans to build a second story over the garage for use as a hobby room. At that time she had no particular concerns until she realized that the addition included a couple of large windows overlooking her yard at a point when it was too late to object. . Expressed concern over potential loss of property value if her rear yard privacy is impacted with these new homes should they be two story. . Added that if the new homes are single-story she has no problems. Chair Gibbons closed the Public Hearing for Agenda Item No.1. Commissioner Alderete asked staff if there are any regulations that require presentation of architectural plans during the Tentative Parcel Map process. Planner Stephanie Willsey replied no. She added that the architectural design of the future homes for these two parcels would have to obtain Planning Commission approval. Commissioner Doorley sought clarification that the architectural review would be before the Planning Commission. Planner Stephanie Willsey replied correct. Commissioner Roseberry: Planning Commission Minutes of July 26, 2005 Page 5 . Stated that this is a neighborhood with a lot of character that is governed by the regulations of the San Tomas Area Neighborhood Plan. These parcels are big lots with huge backyards and nice looking homes. This is a nice neighborhood. . Pointed out that in the future, existing single-story homes can be extended into two-story homes since there is limited land available to meet housing needs. . Said that it is tough for existing neighbors to see land divided and the corresponding concerns about privacy impacts. . Said that this is an interesting property but that the existing house on the site has its deficiencies now as it is crowded on the lot. Any new subdivision would give more distance between structures. . Pointed out that trees are not being impacted as there is room to build around them. . Said that there are already two-story structures in this neighborhood. . Stated that the San Tomas Area Neighborhood Plan is a good plan for the area and provides the controls for the area that leads to a higher quality of design with reduced mass. . Said that there is no compelling reason to oppose this Tentative Parcel Map although he does prefer to see these larger lots remain large. Commissioner Doorley said that he has expressed his concerns about the concept of flag lots in the past and is primarily opposed to them. However, he is not supportive of this appeal as there are grounds to support this Tentative Parcel Map. Chair Gibbons: . Explained that there are two issues here. One is the subdivision of this lot and the other is what will happen next with the two lots. . Advised that it is not uncommon to have a lot subdivided without concurrent architectural approvals. . Reminded that any action taken this evening can be appealed to Council within 10 calendar days. . Suggested that the nearby neighbors keep themselves informed on the review process that will need to occur for the future development of these lots. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner François, the Planning Commission adopted Resolution No. 3666 denying an appeal and upholding the Administrative Approval (PLN2005-50) to allow the division of one lot into two residential lots on property owned by Mr. Basheer Ahmed located at 1690 Westmont Avenue, by the following roll call vote: AYES: Alderete, Doorley, Roseberry None Ebner None François, Gibbons, Rocha and NOES: ABSENT: ABSTAIN: Planning Commission Minutes of July 26, 2005 Page 6 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 Council extended the Readerboard Sign Moratorium for another 22 months and 15 days to allow revisions to the Sign Ordinance. . Reported that a Park In-Lieu Fee amendment was approved and will become a part of the annual fee schedule adoption. . Advised that the next Planning agenda will include two items. Commissioner Francois asked why the extension of the Readerboard Sign Moratorium is for 22 months, 15 days. Director Sharon Fierro replied that the State Legislature has established an approximate two-year time frame. She assured that the update would not take that long and that she expects to have it underway before the end of the year. ADJOURNMENT The Planning Commission meeting adjourned at 8:05 p.m. to the next Regular Planning Commission Meeting of August 9, 2005. SUBMITTED BY: I APPROVED BY: ~ .{Mr íf {, ~ ATIEST: ;;;;::~ Sharon Fierro, Secretary