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PC Min 05/27/2003CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MAY 27, 2003 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 27, 2003, was called to order at 7:00 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Hernandez and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Joseph D. Hernandez George Doorley Bob Alderete Elizabeth Gibbons Tom Francois Brad Jones Michael Rocha Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Planner II: City Attorney: Reporting Secretary: Sharon Fierro Geoff I. Bradley Darcy Smith William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Doorley, the Planning Commission minutes of May 13, 2003, were approved with one correction on page 10. (7-0) COMMUNICATIONS 1. Update on Community Center Master Plan. 2. Announcement of the resignation of Planner II Darcy Smith, Planner II, who will leave Campbell after 3.5 years to take a position with the City of San Mateo. Darcy play a significant part in the update of the General Plan as well as being the department's Census and GIS guru. This will be her last Planning Commission meeting. Planning Commission Minutes of May 27, 2003 Page 2 Chair Hemandez said that while this is a big gain for City of San Mateo, Darcy's departure would be a big loss for City of Campbell. She will be missed. Commissioner Jones joked that he would simply have not accepted her resignation. AGENDA MODIFICATIONS OR POSTPONEMENTS None. ORAL REQUESTS There were no Oral Requests. PUBLIC HEARING Chair Hemandez read Agenda Item No. 1 into the record. 1. PLN2003-28 Sullivan, J. Public Hearing to consider the application of Mr. Jim Sullivan, on behalf of Braddock & Logan Group II, for a Fence Exception (PLN2003-28) to allow reduced setbacks for the placement of sideyard fences on three properties owned by Braddock & Logan Group II, located at 1443 and 1459 W. Hacienda Avenue and 1241 Chamberlin Court in an R-l-9 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Darcy Smith, Planner H Ms. Darcy Smith, Planner II, presented the staff report as follows: · Advised that Braddock and Logan are seeking a Fence Exception to allow reduced side yard setbacks. · Reminded that this is part of the recently created Rolling Hills project. · Described the lots as non-standard comer lots and advised that a letter of consent has been obtained from the neighbor north of Lot 15. The applicant was unable to obtain the consent of other adjacent owners although they made quite an effort but they have received no response. · Added that the City has received no formal objection from any of the adjacent neighbors. · Described the fences as: Lot 2, which is a six-foot high wood and lattice fence located seven feet from the street side property line along Chamberlin Court; LOt 14, which is a six foot high wood fence with stone veneer pilasters located five feet from the street side property line along S. San Tomas Aquinas Road where a 15-foot setback is required; and Lot 30, which is a six-foot high wood and lattice fence located 10-feet from the street side property line along S. San Tomas Aquinas Road where a 15-foot setback is required. · Stated that the Fence Exceptions would allow more reasonable use of the lots. · Said that the purpose for setbacks is to assure adequate visibility. · Advised that the City's Traffic Engineer has determined that there would be no impairment of vehicular or pedestrian visibility will result from these Fence Exceptions. · Recommended approval. Planning Commission Minutes of May 27, 2003 Page 3 Commissioner Doorley presented the Site and Architectural Review Committee meeting as follows: · Advised that SARC reviewed this project on May 15, 2003, and was supportive. Chair Hernandez opened the Public Hearing for Agenda Item No. 1. Mr. Jeff Lawrence, Representative, Braddock & Logan: · Advised he is present on behalf of Jim Sullivan and Braddock & Logan and is available for any questions. Chair Hernandez closed the Public Hearing for Agenda Item No. 1. Commissioner Gibbons announced that she would abstain from voting on this item as she feels it could have been discussed at length during the review process for the overall development of the site and dealt with at that time. Commissioner Doorley said that it had been discussed and determined that action on the Fence Exceptions could not be taken at that time. This hearing is the solution that was decided upon. Commissioner Rocha agreed that this too is how he remembers this situation. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3494 granting a Fence Exception (PLN2003-28) to allow reduced setbacks for the placement of sideyard fences on three properties owned by Braddock & Logan Group II, located at 1443 and 1459 W. Hacienda Avenue and 1241 Chamberlin Court and found the project to be Categorically Exempt under CEQA; by the following roll call vote: AYES: Alderete, Francois, Doorley, Hernandez, Jones and Rocha NOES: None ABSENT: None ABSTAIN: Gibbons Chair Hernandez advised that this action is final unless appeal in writing to the City Clerk within 10 calendar days. Chair Hemandez read Agenda Item No. 2 into the record. Planning Commission Minutes of May 27, 2003 Page 4 PLN2000-174/ PLN2003-53 McElroy/Guzzetti Public Hearing to consider the application of Mr. Terry McElroy and Mr. Stephen Guzzetti for a Planned Development Permit (PLN2000-174) to allow the construction of two new single-family residences on two existing lots and a Fence Exception (PLN2003- 53) to allow the construction of a wood entry trellis that is 8 feet, 4 inches tall on Lot A and a trellis that is 8 feet, 3 inches tall on Lot B on property owned by Mr. Terry McElroy and Mr. Stephen Guzzetti located at 41 & 51 Mission Way in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Date: June 17, 2003. Project Planner: Darcy Smith, Planner H Ms. Darcy Smith, Planner II, presented the staff report as follows: Advised that the applicants are seeking approval of a Planned Development Permit to allow the construction of two new single-family residences on two existing lots and a Fence Exception to allow wood trellis entry features. · Described the site as being located on the north side of Mission Way, a 20-foot wide private roadway off of Winchester Boulevard. · Said that a Tentative Parcel Map was approved and a Final Map was recorded in 1999. · Said that the proposed project meets the requirements of the R-l-6 Zoning District, although not required to do so since it is located in a P-D (Planned Development) Zoning District. The homes will use simple forms and the exteriors will incorporate a significant variation of materials and colors. · Informed that the Fence Exception is to allow wood entry trellis features and that letters of consent have been obtained from three property owners on Mission Way. These trellis features will not impair visibility nor be detrimental in any way. · Recommended the adoption of two Resolutions, one Resolution recommending that Council grant a Planned Development Permit and the second Resolution recommending approval of a Fence Exception. Commissioner Doorley presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on May 15, 2003, and was supportive. · Stated that SARC had directed staff to explore the repaying of Mission Way and the installation of rolled curbs. Chair Hernandez opened the Public Hearing for Agenda Item No. 2. Mr. Terry McElroy, Applicant: · Said that he was available for questions. Mr. Steve Gandy, 54 Mission Way, Campbell: · Pointed out that Mission Way is a private street and that there are concerns over the potential for drainage issues and problems with on-street parking. · Added that on-street parking should not be allowed. · Said that with these new sewer connections, the repaving of the road should be considered. Planning Commission Minutes of May 27, 2003 Page 5 Said that the Condition for the new driveway approach appears to be ambiguous. Declared his support for the project and said that he was one of the neighbors who signed off to support the Fence Exception request. Chair Hemandez asked staff to follow up on these issues raised by Mr. Gandy. Planner Darcy Smith: · Advised that with the Subdivision Map in 1994, a Condition of Approval for a Grading and Drainage Plan was imposed but deferred. That Condition is now a part of this project. Said that drainage issues can be dealt with in several ways including vegetation and swales. Said that a private roadway is basically a fire lane. It is up to the owners to mark the road against parking and to police the parking on their own, possibly signing up with a towing company. · Added that this is a civil matter and that the City and its Police Department cannot do anything to enforce the parking issues on a private street. It is a good neighbor thing. · Said that street improvements are usually required with a subdivision. · Advised that a covenant was signed whereby the owners agree to form an Assessment District. Council approves the Assessment District with the support of a majority of the property owners. · Added that the applicant has agreed to fill in potholes and cracks to make the road smooth but that staff did not feel it would be equitable to make them pave the whole road. · Said that under grounding the utilities off-site could be required, if equitable, but that PG&E is too busy to underground them; therefore, the utilities will be underground on-site but not on the street. · Said that while a Condition of Approval says that the driveway must be made ADA compliant, the Public Works Department believes it is already ADA compliant. Chair Hernandez closed the Public Heating for Agenda Item No. 2. Commissioner Alderete: · Warned that in order for cars to be towed, the property owners would have to post signs that refer to the appropriate Code Sections, providing the name and number for the tow company. The curbs should be appropriately marked. · Pointed out that these Fence Exceptions are different from many heard recently. First, they have not yet been built. Secondly, they add to the aesthetics, features and design of the development. · Stated he is very much in favor of these entry trellis features. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission took the following action: 1. Adopted Resolution No. 3495 recommending approval of a Planned Development Permit (PLN2000-174) to allow the construction of two new single-family residences on two existing lots located at 41 & 51 Mission Way; and 2. Adopted Resolution No. 3496 recommending approval of a Fence Exception (PLN2003-53) to allow the construction of a wood entry trellis that is $ feet, 4 inches tall on Lot A and a trellis that is 8 feet, 3 Planning Commission Minutes of May 27, 2003 Page 6 inches tall on Lot B, on two existing lots located at 41 & 51 Mission Way 3. Forwarded a recommendation for Council to find this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: None ABSTAIN: None Chair Hernandez read Agenda Item No. 3 into the record. 3. PLN2003-41 Olivier, M & S Public Hearing to consider the application of Michael and Cindy Olivier for a Site and Architectural Review Permit (PLN2003-41) to allow the conversion of 645 square feet of attic space to living space and the addition of a 74 square foot stairway at the rear of an existing single-family residence on property owned by Michael and Cindy Oliver located at 540 Budd Avenue in an R-l-8 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Darcy Smith, Planner H Ms. Darcy Smith, Planner II, presented the staff report as follows: · Advised that the applicants are seeking a Site and Architectural Review Permit to allow the conversion of 645 square feet of attic space into living space and the addition of a 74 square foot stairway. · Stated that in 1995 a building permit was obtained to add living space, a new roof and attic area. · Said that the proposed density is below the maximum allowed. · Said that the proposal is consistent with the San Tomas Area Neighborhood Plan. · Informed that in January, the Community Development Director found that a second story addition could have a potentially significant impact on the neighbors, although the 74 square foot stairway would be located at the back of the house connecting the family room to the second floor and no proposed windows would be added to the second floor. · Recommended approval. Chair Hernandez asked about the legal non-conforming status of the property. Planner Darcy Smith advised that in 1995, the owners were allowed to connect an existing garage/shop to the house. The detached garage was already there and was simply allowed to be connected to the house. This was done legally but created a non-conforming setback. Planning Commission Minutes of May 27, 2003 Page 7 Commissioner Doorley presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on May 15, 2003, and was supportive as submitted. Chair Hemandez opened the Public Hearing for Agenda Item No. 3. Chair Hernandez closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3497 approving a Site and Architectural Review Permit (PLN2003-41) to allow the conversion of 645 square feet of attic space to living space and the addition of a 74 square foot stairway at the rear of an existing single-family residence on property owned by Michael and Cindy Oliver located at 540 Budd Avenue and found the project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: None ABSTAIN: None Chair Hernandez reminded that this action is final in 10 calendar days unless appealed in writing to the City Clerk. Chair Hemandez read Agenda Item No. 4 into the record. 4. PLN2003-48 Melik-Karamov V. Public Hearing to consider the application of Mr. Vadim Melik- Karamov, on behalf of Leon and Marina Fridlib, for a Site and Architectural Review Permit (PLN2003-48) to allow a second story addition to an existing single-story residence on property owned by Leon and Marina Fridlib located at 631 Kenneth Avenue in an R- I-lO (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Melinda Denis, Planner I Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Advised that the subject property is located on the western part of Kenneth Avenue, south of Budd Avenue. · Said that the proposal for a second story addition to an existing single-family residence complies with General Plan strategies and with the requirements of the San Tomas Area Neighborhood Plan and the R-l-10 (Single Family Residential) Zoning District. Planning Commission Minutes of May 27, 2003 Page 8 · Advised that two large storage buildings at the rear of the property will be demolished as a Condition of Approval. Commissioner Doorley presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on May 13, 2003, and was supportive as submitted. Chair Hemandez opened the Public Hearing for Agenda Item No. 4. Chair Hernandez closed the Public Heating for Agenda Item No. 4. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3498 approving a Site and Architectural Review Permit (PLN2003-45) to allow a second story addition to an existing single-story residence on property owned by Leon and Marina Fridlib located at 631 Kenneth Avenue and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: None ABSTAIN: None Chair Hernandez reminded that this action is final in 10 calendar days unless appealed in writing to the City Clerk. Chair Hernandez read Agenda Item No. 5 into the record. o PLN2003-33 American Legion West Valley Memory Post 99 Public Hearing to consider the application of American Legion West Valley Memory Post 99 for a Conditional Use Permit (PLN2003-33) to allow an addition/remodel, late night hours and live entertainment on property owned by the American Legion West Valley Memory Post 99 located at 1344 Dell Avenue in a C- M-S (Controlled Manufacturing) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Melinda Denis, Planner I Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Advised that a single-story meeting hall was moved to this site in the early 1950s and has been used by the American Legion since that time. · Described the lot as a flag lot off of Dell Avenue with a large industrial building in front of it. Planning Commission Minutes of May 27, 2003 Page 9 Said that the General Plan Land Use designation is R&D (Research and Development) and the Zoning is C~M (Controlled Manufacturing). This proposal is consistent with both subject to approval of a Conditional Use Permit. · Stated that all four facades would be significantly remodeled and upgraded, highlighting the entrances, utilizing an architectural trim feature midway up the building and installation of new windows and trim. There are no proposed changes in the number of parking spaces but new tree wells would be installed and a new trash enclosure would be constructed at the west property line at the rear painted to match the building. · Said that staff has worked with the applicant and agreed upon operational hours from 6 a.m. to midnight daily and for all uses of the site. · Informed that a Live Entertainment Permit would be processed through the Police Department and approved by Council. · Said that Sergeant Art Markham from the Campbell Police Department is present for any questions. Commissioner Alderete asked staff for the building capacity. Senior Planner Geoff I. Bradley replied he would have to calculate that number. Later he provided the number as 300. Commissioner Doorley presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on April 29th and was supportive. · Reported that he was a member of the Post but was advised by the City Attorney that this does not constitute a legal conflict of interest for him to participate in the vote on this application. Chair Hernandez opened the Public Hearing for Agenda Item No. 5. Mr. Charles Berls, Jr., Commander, American Legion West Valley Memory Post 99: · Said he was available for questions. Chair Hernandez closed the Public Hearing for Agenda Item No. 5. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Alderte, the Planning Commission adopted Resolution No. 3499 approving a Conditional Use Permit (PLN2003-33) to allow an addition/remodel, late night hours and live entertainment on property owned by the American Legion West Valley Memory Post 99 located at 1344 Dell Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: None ABSTAIN: None Planning Commission Minutes of May 27, 2003 Page 10 Chair Hemandez reminded that this action is final in calendar 10 days unless appealed in writing to the City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Advised that on May 20th Council took action adopting a Resolution supporting clean fuel vehicles. Council also denied the Appeal of a Fence Exception for 920 Marilyn Drive, upholding the Planning Commission's action. Council approved plans for the Campbell/Victor Signalization Project. Council approved the Draft County Expressway Implementation Plan, which provides a blueprint for the future although there is no current funding. · Informed the Commission that SARC has requested that the Water Tower project be removed from the June 10th Planning Commission agenda so that it can be considered at a Study Session. Staff will forward potential dates for this Study Session by email. · Said that the next Planning Agenda will include a Use Permit for late operational hours for Tower Records; a travel school at Pruneyard Tower and a smoothie caf6 at the Greylands Medical Office building on E. Campbell Avenue. · Said that staff has provided additional information on the Community Center Master Plan and advised that she had taken a tour this afternoon. Reported that the ceiling tiles are almost completely installed and assured that there is no bad seat in the entire facility. Said that this would be a unique facility and the Grand Opening will occur in early 2004. · Reported that the parking lot at the Community Center should be completed next week and work on the new signal as well as new median landscaping is continuing. Commissioner Francois asked if the residential condominium project is replacing the Loft project. Director Sharon Fierro advised that she now refers this project as the "un-loft" project. It is known as the Water Tower Condo Project. Chair Hernandez said he was glad that the suggestion was made to conduct a Study Session. Director Sharon Fierro said that the Commissioners would receive an email to help set a mutually acceptable date for this Study Session. ADJOURNMENT The Planning Commission meeting adjourned at 8:25 p.m. to the next Regular Public Hearing on June 10, 2003, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. Planning Commission Minutes of May 27, 2003 Page 11 SUBMITTED BY: APPROVED BY: ATTEST: Corinne A. Shinn, Recording Secretary Sharon Fierro, Secretary