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PC Min 09/27/2005 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 27, 2005 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 27, 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: Senior Planner: Associate Planner: Housing Coordinator: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind Tim J. Haley Sharon Teeter William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission minutes of August 23, 2005, were approved as submitted. (6-0-0-1; Commissioner Roseberry abstained) COMMUNICATIONS There were no communications items. Planning Commission Minutes of September 27,2005 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS Mr. Robert Nicholas, P.O. Box 112272, Campbell: . Thanked the Commission for the opportunity to speak this evening. . Reported that he has already spoken before the Council and with staff. . Opined that the R-1-ß and Tree Protection Ordinances need revision. . Explained that his adjacent neighbors had wanted to remove a Redwood tree in order to do a residential addition. When they learned that there was a Tree Removal Permit process required that would take time, they elected to go with a second story addition instead of attempting to obtain a removal permit for that tree. . Said that a second story addition would impinge on his privacy, particularly the two main bedrooms of his home. This second story next door would devalue his property and render his property useless and more difficult to sell. It would also obstruct his natural light. . Suggested that the City undertake a review of the two Ordinances (R-1 and Tree Protection). . Said that it would be best that there be no long process required for any Tree Removal Permit that allows a residential addition. . Pointed out that there is no neighborhood input solicited for a second story addition in an R-1-6 Zoning District unless some sort of Variance is sought that requires public hearing. . Suggested that any second story additions should require public hearing and input from the adjacent property owners. . Reminded that there had been a nearby project earlier this year that went to the Commission for a Modification to side yard setback for a second story addition. That request was denied by the Commission based upon neighbor objection. Chair Gibbons told Mr. Robert Nicholas that the Commission appreciates his perspective and has heard his issues and will have staff look into these matters. She encouraged Mr. Nicholas to work with his neighbors and with City staff. Mr. Robert Nicholas said that he has worked with staff, the City Attorney and with Councilmember Hernandez who have all been helpful. *** PUBLIC HEARING Chair Gibbons read Agenda Item No.1 into the record as follows: Planning Commission Minutes of September 27,2005 Page 3 1 PLN2005-106 Dunn, R. Public Hearing to consider the application of Ms. Rhonda Dunn for a Site and Architectural Review Permit (PLN2005-106) to allow the placement of a modular residence and the construction of a new two-car garage on property owned by Ms. Rhonda Dunn located at 1031 S. San Tomas Aquino Road in an R-1-9 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Tim J. Haley, Associate Planner. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Reported that the applicant is seeking a Site and Architectural Review Permit to allow the placement of a modular home on property located on the corner of San Tomas Aquino Road and Westmont Avenue. . Described the property as consisting of 12,125 square feet in an R-1-9 Zoning District. . Explained that there is an existing small residence consisting of 740 square feet and a 340 square foot garage on the property. . Advised that a low interest loan was approved for Ms. Rhonda Dunn in 1997 for redevelopment of this property. Upon reflection, it was determined that a better approach to repairing the existing structure was to replace it. A move on home was considered at that point. Now the proposal is for a manufactured home. . Added that a new two-car garage would also be constructed on site. . Said that the proposed density is consistent with the General Plan and this project meets the development standards including setbacks and FAR. . Described the modular home as being a simple single-story structure accented by dormers on the Westmont Avenue elevation and including an entry porch. . Stated that a landscaping plan has been provided that includes fencing and landscaping around the residence. . Said that staff finds this project to be consistent and recommends approval. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project at its meeting of August 23rd. . Explained that there was no consensus reached as there was a split vote. . Reported that SARC had recommended that a landscape plan be developed for this property to ensure that the required six trees are included on site, one tree for every 2,000 square feet of lot area, that sufficient parking apron is included in front of the garage and that fencing and a trellis porch detail be incorporated. Planner Tim J. Haley advised that the current site plan depicts these requirements. Commissioner Francois asked about the rear yard area and whether there are any plans for landscaping there. Planning Commission Minutes of September 27, 2005 Page 4 Planner Tim J. Haley replied that there are existing trees and that the applicant has no specific proposal for rear yard landscaping at this time except for retaining the existing trees. Commissioner Roseberry pointed out that this is a rather run down property including a dead tree. He questioned if this application gives the Commission an opportunity to require improvements to the current site conditions. Planner Tim J. Haley replied that if this tree is considered to be hazardous the City can require its removal. Commissioner Roseberry asked if this is a Building Department or Code Enforcement issue. Director Sharon Fierro: . Replied that it is an issue of maintenance of an existing site. . Added that standard Conditions of Approval require the on-going maintenance of a site during construction and this approval would require clean up of existing conditions on site. . Advised that the City's loan includes requirements that the site be well maintained. Ms. Sharon Teeter, Housing Coordinator: . Reported that Ms. Dunn has been approved for a $40,000 deferred loan that consists of a promissory note and deed of trust. . Assured that the requirement is in place that the property must be maintained or the loan must be called due. . Said that she would be monitoring this project. . Advised that the City has an active Housing Rehab Loan Program. Director Sharon Fierro advised that the Commission can reiterate the importance of site maintenance to the applicant if it elects to approve this application. Commissioner Roseberry asked if this modular home is being relocated or new. He asked how old the home is. Planner Tim J. Haley advised that it is an existing structure that would be relocated although it is fairly recent. Commissioner Rocha pointed out that the San Tomas Area Neighborhood Plan (ST ANP) does not encourage unarticulated mass. He asked if this proposal complies with the design standards of the STANP. Planner Tim J. Haley: . Agreed that this is modest architecture and not well articulated. Although it does have dormer features and detail around the windows, it is a simple frame structure that is consistent with other homes in the area. Planning Commission Minutes of September 27,2005 Page 5 . Added that this home is not unusually large. Commissioner Rocha asked whether something other than concrete might be considered for the driveway given its length to reach the garage at the rear of the site. Planner Tim J. Haley advised that Ms. Dunn is proposing a Hollywood-style driveway. He said that the landscape plan includes sod areas, planting areas, fencing and walkways. He reminded that this is a fairly large parcel Chair Gibbons asked where the six new trees would go as it is not clear based on the provided landscape plan. Planner Tim J. Haley replied that there is a requirement for one tree for every 2,000 square feet of lot area that equals a requirement for six trees on site. This site already exceeds that standard. Chair Gibbons replied that she had understood that six new trees would be planted and asked if SARC had also been under that impression. Commissioner Alderete replied that SARC never intended to add trees above the requirement. Chair Gibbons opened the Public Hearing for Agenda Item No.1. Ms. Rhonda Dunn, Applicant, 1031 S. San Tomas Aquino Road, Campbell: . Said that this modular home is a pre-existing structure manufactured by Silvercrest. . Reported that in December, this structure would be six years old. It has been empty for two years and was lived in for four. . Added that her modular home looks exactly like the new ones being sold today. . Said that detached garages must be located at the back 50 percent of a parcel and that she would personally love to see it placed closer to the house. . Stated that she is available for any questions. Director Sharon Fierro asked Ms. Rhonda Dunn to clarify for the Commission how she plans to landscape the street frontages along San Tomas Aquino Road and Westmont Avenue. Ms. Rhonda Dunn: . Replied that the focus is on the front of the house. . Added that she is unable to landscape all 12,000 square feet of her lot at this time. . Agreed that there are a lot of weeds on site to be removed. . Assured that she has plans for a lawn and trellis and plant materials that would add dimension to the new residence. Planning Commission Minutes of September 27,2005 Page 6 Chair Gibbons reminded Ms. Rhonda Dunn that hers is a corner lot. Director Sharon Fierro added that SARC wanted all street frontage to be landscaped included along Westmont. Ms. Rhonda Dunn reminded that there is a fence along the Westmont Avenue property line. Planner Tim J. Haley reported that this fence was recently installed as part of the Westmont Avenue Street Improvement Project. Commissioner Roseberry pointed out that the plan shows two fences. Planner Tim J. Haley replied that there is a six-foot high fence along the property line along Westmont Avenue. This fence steps down at the corner. Commissioner Roseberry said that overgrown shrubbery negates the fact that the fence steps down at the corner. He asked if this overgrown shrubbery would be handled here. Planner Tim J. Haley said it would if it is causing line of site problems. Chair Gibbons pointed out that Ordinance regulations do not allow fencing to be placed at the property line. She suggested a condition requiring landscaping along the fence and sidewalk. Commissioner Rocha asked Ms. Rhonda Dunn if she has had any conversations with her neighbors about her plans. Ms. Rhonda Dunn: . Said that her adjacent neighbor is picking out a manufactured home himself for his property. . Stated that her neighbor across the street also has plans for the remodel of her home. . Said that some neighbors are familiar with others are not. There are some newer neighbors that she does not yet know. Chair Gibbons closed the Public Hearing for Agenda Item No.1. Commissioner Francois: . Advised that he took a ride over to San Jose to see this structure where it is currently located on Ford Road. . Said that it is an attractive building. . Added that he was surprised how attractive it was. . Agreed that the side elevations are long. Planning Commission Minutes of September 27, 2005 Page 7 . Pointed out that this new modular home would represent a heck of an improvement over what is currently on this property. . Reminded that with Ms. Dunn's financial situation, this is a good option for her. . Stated that while he would love to see something different on this property, the City needs to consider Ms. Dunn's needs and financial situation. . Advised that he would be supportive of this request. Commissioner Roseberry: . Said that he drove by the site many times. . Admitted that he is not crazy about manufactured homes. . Agreed that this would be an improvement to existing conditions on this property as what is there now is run down and neglected. . Added that the entire lot is neglected. . Supported Commissioner Francois' statement that not everyone has the money to build new construction. . Stated that this is a neighborhood of mixed architecture and is pretty eclectic. . Said that he is distressed to hear that another nearby property owner is considering a manufactured home. . Said that while he understands the financial reality for this applicant the Commission needs to be sensitive to others in the neighborhood. . Reminded that this lot needs some attention and that one tree is more a weed than a tree. . Suggested that a big part of any approval should include a comprehensive landscape plan. City Attorney William Seligmann cautioned that while the Commission can evaluate compliance with Design Guidelines, it cannot discriminate against a manufactured home just because it is a manufactured home. Commissioner Doorley reiterated that State Law does not allow the Commission to consider the differences between a manufactured home and traditional construction except for design issues. Chair Gibbons: . Reminded that another modular home was previously approved for this property. . Said that this is a tough call but that pictures are better than the drawings. . Stated that another modular home was approved a few years ago for a Church on Rincon Avenue. . Said that she would support this application with the understanding that the Commission is dealing with an existing home in this situation. For any new modular homes under consideration in the future, the Commission needs to be able to consider details more such as eaves, etc. Planning Commission Minutes of September 27, 2005 Page 8 Commissioner Alderete: . Stated that this sort of manufactured home offers the ability to provide housing for someone who cannot afford more. . Said he is supportive with additional landscaping. . Said that he visited several manufactured home builder websites and this one, Silvercrest, is clearly the premiere manufacturer of manufactured homes. . Pointed out that there are no speakers this evening representing the San Tomas Area Neighborhood Association. They are usually here if concerns exist. Commissioner Rocha: . Said that Meg Stein is usually in attendance as the representative of the San Tomas Area Neighborhood Association and is unable to attend right now. . Advised that he contacted the Acting President of that Association who reported that they are not that active right now. He said that as an individual he would not be supportive of a modular home. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3676 approving a Site and Architectural Review Permit (PLN2005-106) to allow the placement of a modular residence and the construction of a new two-car garage on property owned by Ms. Rhonda Dunn located at 1031 S. San Tomas Aquino Road, with the following additions to the conditions: . Condition #4 - Add text liThe trailer, storage container and/or any other unapproved structures shall be removed from the property prior to building occupancy, " and . Condition #6 - Add text "The applicant shall submit a comprehensive landscape plan to the Community Development Director for review and approval of landscaping for both street frontages;" by the following roll call vote: AYES: Alderete, Doorley, Ebner, François, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: 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: Planning Commission Minutes of September 27, 2005 Page 9 . Advised that Council took action to support the Guidelines and Standards for Land Use near Streams and the 2005/06 Implementation Program for the Santa Clara Valley Water Resources Protection Collaborative; approved development projects at 725 W. Hacienda Avenue and 68 Sunnyside Avenue; and approved the Hacienda/Winchester Percolation Pond Project. . Reported that the next Planning Commission agenda will consist of three public hearing items. ADJOURNMENT The Planning Commission meeting adjourned at 8:26 p.m. Planning Commission Meeting of October 11, 2005. SUBMITTED BY: ~~ orinne A. Shinn, Recording Secretary to the next Regular APPROVED BY~~~' & :~ IZ th Gibbons, hair ATTEST: