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PC Min 06/22/1993CITY OF CAMPBE!J, PLANNING COMMISSION MINUTES 7:30 P.M. Tuesday June 22, 1993 city Hall Council Chambers The Planning Commission meeting of June 8, 1993, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California, by Chairperson Alne, and the following proceedings were had to wit: ROLL CALL Commissioners Present: Chairperson: Commissioner: Commissioner: Commissioner: Commissioner: I. Alne Jane Meyer-Kennedy Mark Wilkinson David Fox Mel Lindstrom Commissioners Absent: Commissioner: Commissioner: Lee Akridge (excused) Jay Perrine (excused) Staff Present: Director of Planning, Steve T. Piasecki Associate Planner, Tim J. Haley Acting City Engineer, Michelle Quinney city Attorney, William Seligmann Reporting Secretary, Karon Shaban APPROVAL OF THE MINUTES: MOTION: On motion of Commissioner Fox, seconded by Commissioner Wilkinson, the Planning Commission minutes of June 8, 1993, were unanimously approved as submitted, (5-0-2). COMMUNICATIONS: Items of communication were included with the packet distribution, except the following which were delivered after packet distribution: a) Tree inspection report, dated June 21, 1993, by Ban-ie D. Coate and Associates, 23535 Summit Road, Los Gatos, relating to Item No. 2, 710 West Sunnyoaks Avenue. b) Letter from Brian Avery, Newpox~t Apartment Manager, (located at 575 Hacienda Avenue)130 East Dana Street, Mountain View, dated May 27, 1993, to Don Wimberly, regarding fence repair. c) Letter from Ida Gold, 501 Hacienda Avenue, #B-3, dated June 18, 1993, relating to 710 West Sunnyoaks Avenue. d) Architectural rendering presented by Stafl as an alternative to the applicant's submittal for 710 West Sunnyoaks Avenue. e) Letter from May Louise Faustina, 1167 Capri Drive, dated June 16, 1993, relating to 710 West Sunnyoaks Avenue. Planning Commission Minutes of June 22, 1993 Letter from Marilyn Westbrook, 565 Hacienda Avenue, #104, dated January 18, 1993, relating to 710 West Sunnyoaks Avenue. AGENDA MODIFICATIONS OR POSTPONEMENTS Item Nos. 4 and 5 were moved forward, due to the applicant's request for a continuance, as follows: Chairperson Alne read Item No. 4 and 5 into the record. 4. M 93-08 Public Hearing to consider the application of Mr. Charles Chang, on behalf of Mr. Howard Sang, for a modification to a previously approved Use Permit (UP 78-12) to allow a 1,038 square foot restaurant building addition on property located at 1651 West Campbell Avenue, in a C-1-S (Neighborhood Commercial) Zoning District. 5. S 93-04 Public Hearing to consider the application of Mr. Larry Grattan for approval of a Site and Architectural application to allow the construction of a new single family residence on property located at 1136 Steinway Avenue in an R-l-10 (Single Family Residential) Zoning District. Chairperson Alne opened the public hearings, and there was no public comment. MOTION: On motion of Commissioner Lindstrom, seconded by Commisriono' Wilkinson, the Public Hearings for the above two items were unanimously eontim~ed until the regularly scheduled Planning Commission meeting of July 13, 1993, (5-0-2), Commissioners Perrine and Akridge being absent. ORAL REQUESTS: There were no oral requests. PUBLIC HEARINGS Chairperson Alne read Item No. 1 into the record. 1. S9~2 Continued Public Hearing to consider the application of Mr. Gaxy Kohlsaat, on behalf of Mr. John Townsend, for approval of a Site and Architectural application to allow the construction of a new single-family residence on property located al 1460 Capri Drive, in an R-l-10 (Single-Family/Low Density Residential) Zoning District. Mr. Ti~n J. Haley, Associate Planner, presented the staff report noting the following: * The background of the application, continued from the previous Planning Commission meeting of April 27, 1993, at the request of the applicant. * The applicant seeks approval to allow the construction of a single-family home on the project site. * The original proposal was reduced 700 square feet, with landscape covering 20 percent of the property. * Parking provided. * The application conforms to current applicable General Plan and Zoning Designations. * Staff is recommending that the Planning Commission adopt a resolution approving the Planning Commission Minutes of June 22, 1993 2 application, subject to the attached Conditions of Approval. Chairperson Alne presented the Site and Architectural Review Committee recommendation from its meeting of June 10, 1993, as follows: * The applicant has resolved the concerns of the Committee relating to the roof line, and height of the building. * The Committee is recommending approval. Chairperson Alne opened the Public Hearing. Public Comment: Bruce Reid, 1509 Walnut Drive, expressed the following concerns: * Finding No. 1, is inappropriate because the home is not compatible with other homes in the area. * Alleged that the trees depicted on the site plan do not exist. * Asked why a nearby resident was restricted as to height of his building, yet this application does not have the same restriction. * Asked if the non-conforming buildings located currently on the site will be removed. Commissioner Fox pointed out the trees questioned by Mr. Reid, on the site plan displayed, and asked if the trees ever existed. Mr. Reid stated that the trees never existed. Upon request of the Chair, Mr. Haley addressed the issue relating to the height restriction and the non- conforming buildings existing on the site, as follows: * The restriction for height applied to the resident mentioned above by Mr. Reid, because the applicant residence was for a secondary living unit. Secondary living units have height restrictions of 14 feet for detached secondary living units.. * The non-conforming buildings are cited for removal during the construction process of the proposed application. Mr. John Townsend, 1458 Capri Drive, the applicant, explained the plans were revised to address concerns expressed by the public at the last public hearing on this project. He clarified that the trees depicted on the architectural rendering do exist, however, they are located a further distance from the property line. The intent was to illustrate how the trees backed the proposed home. Commissioner Fox commended the applicant for addressing the concerns of the Planning Commission and indicated support for the proposal. No one else asked to address the Commission on this subject. MOTION: On motion of Commissioner Meyer-Kenuedy, searaded by Commissioner Lindstrom, the Public Hearing was unanimously dosed. MOTION: On motion of Commissioner Meyer-Kamedy, seconded by Commissioner Lindstrom, Resolution No. 2859 was adopted, appro~ the applicant's request, with the recommended findings, subject to the Conditions of Approval, by the following roll call vote: AYES: Commissioners: Meyer-Kennedy, Lindstrom, Wilkinson, Fox, Alne Planning Commission Minutes of June 22, 1993 3 NOES: Commissioners: None ABSENT: Commissioner: Perrine, Akridge Chairperson Alne read Item No. 2 into the record. 2. TS 93-01 Continued Public Hearing to confider the application of Mr. Mark Tersini, on behalf of KT Properties, for approval of a Tentative Subdivision Map to allow the creation of 37 tingle-family lots on property located at 710 West Sunnyoaks Avenue, in a R-l-6 (Single-Family Residential) Zoning District. Mr. Steve Piasecki, Director of Planning, presented the staff report, noting the following: * The applicant's request is to subdivide the property in order to create 37 single-family lots. * The item was continued from the Planning Commission meeting of May 25, 1993, so that the applicant and staff could address issues regarding pedestrian easements, the relocation of the Santa Clara Valley Water District easement, feasibility of percolation pond access, and the preservation of existing mature trees. * Site location, size of the lots and street access. * Zoning and General Plan consistency. * The property is located within the San Tomas Study area. Mr. Piasecki reviewed the policies and standards being examined for future developments in the area, and informed the Commission of the potential that new development standards may be adopted for the San Tomas Area prior to construction of the proposed development. Further he noted the San Tomas Study Group indicated it was important to keep the community open. * Proposed Street widths. * Relative to maintenance of the access, the City's economic condition limits its ability to maintain the recommended easements. * Staff is recommending that the applicant provide the following: a). A 20 foot wide pedestrian/emergency access between Sunnyoaks Avenue and the proposed cul-de- sac, to be maintained by the adjacent homeowners. b) A 15 foot building setback providing an easement for pedestrians to meet usable open space requirements of the future, and would impact the number of lots proposed for the subdivision. c) Establishment of a pedestrian/bicycle route through the project, with a textured area down the center including a five (5) foot landscape strip. * The Arborist Report submitted by Barrie Coate indicates that the mature Valley Oak is in decay, and will need to be removed. Staff supports the recommendation of Mr. Coate to remove the tree, however, staff is recommending replacement with 24 inch box trees, the number to be determined by the diameter of the existing tree. * Staff has conditioned the application to require a solution between the developer and the Santa Clara Valley Water District relating to providing an easement along the southerly portion of the project site, prior to fmal map approval. * Staff has reviewed the issue of expending park dedication fees and has found that such an expenditure is inappropriate. * The issue relating to fencing along Hacienda Avenue can be brought to the Council and addressed during the annual review of the Capital Improvement Program. * The application conforms to current applicable General Plan and zoning designations. * Staff is recommending that the Planning Commission adopt a resolution recommending that City Council approve the application subject to the Conditions of Approval, as presented by Staff, subject to the suggested Conditions of Approval. Planning Commission Minutes of June 22, 1993 4 Additionally, Mr. Piasecki provided an architectural rendering prepared for Staff to illustrate how the proposal would appear, if staff's recommendation to provide public access through the center of the cul- de-sac was approved. Staff has conditioned the project to include pedestrian/bike access through the project as depicted in Staff's architectural rendering. The public access would limit the number of lots that can be created. Conditions to require the applicant to replace the mature Valley Oak Tree have been added. Commissioner Meyer-Kennedy asked if the Santa Clara Valley Water District (SCVWD) plans to open access to the percolation ponds. In response, Mr. Piasecki stated that an agreement would be considered a reservation with a covenant placed on future property owners. Commissioner Lindstrom asked if the previous approval was conditioned and restricted in the same manner. Mr. Piasecki indicated that the current project is being conditioned in this manner. Commissioner Wilkinson asked if eliminating 1 lot to provide public access is an indication that the City is planning to purchase the property from the applicant. Mr. Piasecki stated that the City was not planning to purchase the property, that the property could be acquired for future public use. Commissioner Wilkinson clarified the City would be taking the land by eminent domain, and Mr. Piasecki agreed. Chairperson Alne asked if the applicant's park dedication fees would be reduced because he would be donating a portion of the land for public use. Mr. Piasecki stated fees would not be reduced, although, since the park fees are based upon the number of lots developed, development of fewer lots would reduce the fee. Commissioner Fox asked if park fees could be used to maintain the easement. Mr. Piasecki stated that he would request that the City Council explore an option requiring the applicant to maintain the property for a specified number of years, and at the end of that time period the City could be responsible for maintenance. Commissioner Wilkinson referenced the aerial site plan on display noting that other access routes are currently available. Mr. Piasecki stated that two other access sites exist. Commissioner Fox asked the reason Staff has made the previous recommendations. Mr. Piasecki stated that the City needs open space for future use, and that the area residents would like an open community. Discussion ensued between the Director of Planning and the Commission relating to similar access sites within the area, and the maintenance of those access sites. Chairperson Alne provided the Site and Architectural Review Committee meeting of June 10, 1993, recommending approval of the applicant's proposal. Chairperson Alne opened the Public Hearing. Ms. Pat McCullough, 77 Old Orchard Road, expressed opposition as follows: * Staff's recommendation to provide access from Sunnyoaks would create potential for criminal activity in the area. * She opposed Staff's recommendation depicted by the architectural rendering. * Ms. McCullough asked that Staff allow the applicant to proceed with the project. Planning Commission Minutes of June 22, 1993 5 Mr. Gary Sharon, 304 Sunny Arbor Court, discussed the following: * The tree report indicating removal of a mature tree differs from the previous report and he suggested that a second opinion be obtained before removal of the mature Valley Oak Tree. * Objected to the pedestrian/bicycle access proposed by Staff. The easement does not provide adequate open space to justify the taking of land. * Homeowners should maintain adjacent open space. Mr. James H. Turner, 1205 Capri Drive, President of an adjacent Homeowners' Association, noted the following: * Support for future open space as presented by Staff. * Adjacent property owners should maintain the easement. * Prefers that the gravel road owned by SCVWD be retained. Ms. Mary Fitzgerald, 672 Sunnyoaks Avenue, noted the following: * Concern that local residents would lose use of the SCVWD irrigation land for garden space. * Opposed the easement. * Supported the access through the project site because it would be a more direct path to access buslines. Mr. Bryan Suit, 838 Sunnypark Court, expressed the following: * The SCWWD easement extends into the project site. If the project is approved, as submitted, it would prevent the District from cleaning out the ditch. * He reminded the Commission that the previous applicant and the District could not come to an agreement relating to pond access. * The fence around the ponds has continuously been repaired because people knock it down to access the ponds. Ms. Jean Angello, 781 Sunnyoaks Avenue, opposed the proposed through-way recommended by Staff, due to the crime potential. Mr. Ken Tersini, KT Properties, representing the application, provided the following information: * The revised plans represent quality design, and were revised to address input from the Staff and the public. The project is designed to be part of the community, with no sound walls, and neighbors facing neighbors. * A meeting between SCVWD and the applicant is scheduled for tomorrow, June 23, 1993, to establish relocation of SCVWD access. * In response to comxnents from Mr. Suit, Mr. Tersini expanded on the developer's plan to provide underground pipelines, which would eliminate flooding in the area. * In response to comments from Mr. Sharon, relating to the tree report, he explained that Mr. Coate, the arborist, was asked to reinspect the trees on the site because of previous public comment and the apparent decaying condition of the mature Valley Oak. Further, he indicated his disappointment with the outcome of the report, since the project was designed with the Oak Tree as a focal point. * The public access through-way recommended by staff was reviewed by the applicant. They considered whether the access would serve the public good, health, safety and welfare, felt that it would not. Further, he was concerned that property owners would not want the responsibility of maintaining public property, that the potential for crime does exist, and would not want liability for the general public, tie asked that the record reflect the developers objection to the proposed public access through the site. Planning Commission Minutes of June 22, 1993 * Mr. Tersini also stated that: informed the Commission that the applicant has met with the Campbell Crime Prevention Unit who expressed the same concerns relative to potential criminal activity. And, he was surprised that the Police Report was not included in the Staff Report. * Staff suggested that the through-way be tried out, and if found to enhance or create criminal activity, the through-way could be closed off. * Currently there is not public access to the SCVWD percolation ponds; and, therefore does not provide open space for recreational activities. The District has not indicated any future plan to open the ponds or improve the area for public use. * Access currently exists to the buslines, and can be accessed by a four minute walk. * The Park Dedication Fee being requested is approximately $400,000. Furthermore, he suggested that eliminating one of the proposed lots would reduce the City's ability to obtain school and property taxes in an estimated amount of $30,000 annually. Commissioner Lindstrom asked Mr. Tersini to explain his proposal relating to fire access. In response, Mr. Tersini described the proposed materials and circulation plan, adding that the fire emergency access will be protected by a deed restriction. Discussion ensued between Commissioners and Staff to clarify street widths, and easement being used for residential garden plots, Mr. Brian Avery 130 East Dana Street, Mountain View, discussed upgrade of the fences along Hacienda Avenue, a neighboring apartment complex. Chairperson Alne asked that the applicant limit his comment to the item under discussion. Commissioner Wilkinson informed Mr. Avery that his subject could be taken up under oral requests at a future Planning Commission meeting. Ms. Dawn Vadbunker, 1360 Burrows Road, clarified that she has no objection to two-story homes in the area. She indicated that she has not experienced and criminal or unsafe conditions in the neighborhood. No one else asked to address the Commission on this item. MOTION: On motion of Commissioner Fox, seconded by Commissioner Meyer-Kennedy, the Public Hearing was unanimously dosed. Commissioner Fox expressed: * Opposition to the providing access to the percolation ponds. * Opposition to Staff's proposal which would allow the public an access through private property. * Concern regarding maintenance of the easements. He indicated that the property owners should be asked to maintain adjacent easements. * Support for the suggestion to recommend that the City Council investigate the possibility of using Park Dedication Fees to maintain the area's access routes. * Favored pedestrian access to Sunnyoaks Avenue. Commissioner Wilkinson concurred with Commissioner Fox adding that the potential use of the SCVWD property for public recreation is remote. Chairperson Alne agreed and stated that it is important to maintain public access routes. He favored the City's provision of visible access routes from Hacienda Avenue. Planning Commission Minutes of June 22, 1993 ? Commissioner Wilkinson drew attention to the area map attached to the staff report indicating the existence of 12 cul-de-sacs near the proposed project, none of which provide public pedestrian or vehicular access. Potential home buyers would not see the value in such an access because it invites problems, not only criminal activity but the potential for bicyclists to endanger the lives of children who live and play in the development. Commissioner Lindstrom objected to the addition of access routes, other than for fire emergency access. Commissioner Meyer-Kennedy indicated support for fellow Commissioner's statements. Commissioner Fox and the Director of Planning discussed the tree replacement. Commissioner Fox expressed concern that replacing the Valley Oak with 24 inch box trees using the diameter per inch ratio proposed by Staff, is inappropriate because the 24 inch box trees will grow up to be very large trees and will be too close to each other. He suggested that Staff consider requiring the applicant to provide I or 2 60 inch box trees and a few smaller box trees placed throughout the project. Mr. Piasecki suggested a combination of 2, 3 or 4 larger trees and several other smaller trees. Commissioner Fox suggested that the Planning Director be authorized to approve an alternate tree replacement program to meet his intent. Chairperson Alne explained his reluctance to restrict public access because of potential criminal activity, and was concerned about adding such a finding. He asked that Staff examine using a portion of the $400,000 park fees being required to fund the maintenance of pubic access, since the cost would be minimal for such a small area. Relative to providing appropriate findings to approve the project, Commissioner Wilkinson suggested that the overhead depicting the local developments would support compatibility to the surrounding area. Furthermore, a finding supporting Staff's version of the project could be established relating to compatibility. He advised the public that photograph included in the tree report clearly illustrated a dead and decaying tree condition. More discussion relating to the length of the access being proposed along the SCVWD easement, Fire access, and maintenance of the easement, ensued. MOTION: On motion of Commissioner Fox, seconded by Commissioner Lindstom, Resolution No. 2860 was adopted, recommending that the City Council approve TS 93-01, as submitted by the applicant, with the recommended findings, and subject to the Conditions of Approval, amended, as follows: b) c) d) Eliminating conditions relating to Staff's proposal for a 20 foot textured paved pedestrian easonent from West Sunnyonks Avenue through the project; Delete the condition requiring the applicant to reserve pedestrian easement for future access to the percolation pond east of the project; Reword the condition to ~ the provision of fire emergency access north and south; and, Require property owners to maintain the area aece~ adjacent to their homes. The motion was approved by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Meyer-Kennedy, Lindstrom, W'dkimon, Fox, Alne None Perrine, Akridge Planning Commission Minutes of June 22, 1993 8 Chairperson Alne read Item No. 3 into the record. $. M 93-09 Public Hearing to consider the application of Greenbriar Development Company, on behalf of Western Gravel Company, for approval of a modification to a previously approved Planned Development Permit (PD 90-07) to allow the construction of 348 multiple family units on property located at 500 Railway Avenue in a PD (Planned Development) Zoning District. Mr. Ti~n J. Haley, Associate Planner, presented the staff report noting the following: * Background of the previously approved applications. * Modifications requested. * Parking garage revisions. * The application conforms to current applicable General Plan and Zoning Designations. * Staff is recommending that the Planning Commission adopt a resolution recommending that the City Council approve the application, subject to the attached Conditions of Approval. Commissioner Wilkinson presented the Site and Architectural Review Committee discussion from the meeting of June 10, 1993. The Committee found revisions to be an improvement to the originally approved project. The Committee asked the applicant to upgrade the end units to complement the front of the buildings. Chairperson Alne opened the Public Hearing. Public Comment: Mr. Goeff Baker, Project Manager, 4340 Sevenscreek Boulevard, San Jose, provided the following information: * Background of the project. * Modifications represent interior, exterior, and traffic circulation improvements to the original plan. * The project will be moved away from the Southern Pacific Railroad right-of-way. * Enhanced fencing will be provided. * The developer has applied for FHA D-24 Project Funding. * Greenbriar Development has successfully built 3,000 similar apartment units, maintaining a first class rating. * Greenbriar has several concerns relating to the Conditions of Approval: a) Elevations of the end units. b) The requested proposal is for wrought iron type fencing along the creek trail, and is not agreeable to the height restriction proposed by Staff. c) Condition No. 34 (b) should be reworded to require a covenant recorded "prior to occupancy," instead of "prior to the issuance of building permits. d) The Development Schedule requires revision to allow the project construction to commence on or before, September 30, 1994, with construction being completed on or before, June 30, 1996. e) Condition No. 58 should be reworded to indicated the water pressure at no more than 2,500 GPM, in order to meet the health and safety standards outlined by FHA. Mr. Larry Flack, 1900 South Norfolk Street, #336, San Mateo, James Guthrie & Associates, Inc., the architect, expressed concern relating the Conditions of Approval, as follows: * The requested changes to the garage height is to provide natural ventilation to the garaged on all the ground floors, and to make it easily accessible to the handicapped. * The Site and Architectural Review Committee's request to modify the end units can be achieved by Planning Commission Minutes of June 22, 1993 9 the use of modified building colors. He provided a rendering depicting how the building would look with a modified color scheme that included enhanced treatment of the windows, balconies, and eaves. Mr. Taylor Clayton, Boccardo Properties, 111 North Market Street, San Jose, the property owner, commended Greenbriar for improvement on livability and architectural design. He added: * Project funding is difficult to obtain for a project of this size. * Asked the Commission to recommend approval of the modification request and consider amending the Conditions of Approval as requested above. There was no other public comments. MOTION: On motion of Commissioner Lindstrom, seconded by Commissioner Meyer-Kennedy, the Public Hearing was unanimously closed. MOTION: On motion of Commissioner Fox seconded by Commissioner Lindstrom, Resolution No. 2861 was adopted, recommending that City Council approve the modification, with the recommended findings, subject to the Conditions of Approval, amended as follows: a) Eliminate Condition No. 2 A, allowing the architect to break up the massive appearance by the use of color. b) Condition No. 5 (b) allowing the applicant to provide a wrought iron fence at a height of 6 feet. c) Condition No 34 (b) change the wording to '~or to building occupancy," instead of "prior to issuance of building permits." d) Condition No. 55, revise the Development Schedule to allow construction to commence prior to June 30, 1994, and construction completion prior to June 30, 1996. Change the wording on Condition No. 58from "3,000 GPM," to "2,500 GPM." Add a condition that would allow the garages to be construed "as close to grade level as possible to allow for handicapped access. Any grade level exceeding four feet shall be approved by the Planning Director. ,t The motion was unanimously approved by the following roll mi1 vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Meyer-Kennedy, Lindstrom, Wilkinson, Fox, Alne None Perrine and Akridge REPORT OF THE PLANNING DIRECTOR The written report of the Planning Director was accepted. Mr. Piasecki, the Director of Planning, stated the Council is requesting that the Commission appoint a Commissioner to the Downtown Stirring Committee to review zoning marketability, and parking for the downtown area. Chairperson Alne appointed Commissioner Perrine at the suggestion of Mr. Piasecki. Planning Commission Minutes of June 22, 1993 ~L 0 Additionally, Mr. Piasecki informed the Commission that the reporting secretary, Karon Shaban, is being replaced, due to the reorganization of the Planning Department. He thanked Ms. Shaban for her service to the Planning Commission. ADJOURNM~iT: The Planning Commission meeting adjourned at 9:30 p.m., to the next regularly scheduled Planning Commission meeting of July 13, 1993, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. Respec~dly Submitted by: Karon Shaban, Reporting Secretary APPROVED BY: L Alne, Chair ATI'EST: Steve Piasecki, Secretary Planning Commission Minutes o f June 22, 1993 11