PC Min 07/08/2003CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
JULY 8, 2003
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of July 8, 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:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Joseph D. Hernandez
Bob Alderete
Elizabeth Gibbons
Tom Francois
Brad Jones
Michael Rocha
Commissioners Absent:
Vice Chair:
George Doorley
Staff Present:
Community
Development Director:
Senior Planner:
Associate Planner:
Planner I:
Planner I:
City Attorney:
Reporting Secretary:
Sharon Fierro
Geoff I. Bradley
Tim J. Haley
Stephanie Willsey
Melinda Denis
William Seligmann
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Francois, seconded by Commissioner
Gibbons, the Planning Commission minutes of June 24, 2003, were
approved as submitted. (5-0-1-1; Commissioner Doorley was absent and
Chair Hernandez abstained)
COMMUNICATIONS
There were no Communications Items.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no Modifications or Postponements.
Planning Commission Minutes of July 8, 2003 Page 2
ORAL REQUESTS
There were no Oral Requests.
PUBLIC HEARING
Chair Hemandez read Agenda Item No. 1 into the record.
PLN2003-72
Tsellas, E.
Public Hearing to consider the application of Mr. Evan Tsellas for a
Site and Architectural Review Permit (PLN2003-72) to allow the
construction of a new two-story single-family residence on property
owned by Mr. Evan Tsellas located at 1462 Abbott Avenue in an
R-l-10 (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:
Stephanie Willsey, Planner I.
Ms. Stephanie Willsey, Planner I, presented the staff report as follows:
· Advised that the applicant is seeking approval of a Site and Architectural Review Permit to
allow the construction of a new two-story single-family residence on the east side of
Abbott Avenue, between W. Hacienda Avenue and Pollard Road and across from Jack
Fischer Park.
· Explained that the existing residence would be demolished and the existing detached
structure relocated on the site to meet setback requirements.
· Added that this is an existing non-conforming but legal lot within an R-l-10 Zoning
District and the proposed residence meets minimum setbacks, height restrictions and FAR
requirements. The structure will incorporate representative architectural features preferred
under the San Tomas Area Neighborhood Plan, including simple shapes, hip and gable
roof, two-car garage, stucco exterior with wainscoting and an entry porch feature.
· Recommended approval.
Chair Hemandez sought clarification on the proposed density. The General Plan calls for a
density of less than 3.5 units per gross acre, while this represents 4.2 units per gross acre.
Asked if the density is increasing with this project.
Planner Stephanie Willsey replied no, the density is staying the same.
Director Sharon Fierro added that this is an existing condition and that density is taken into
consideration more when subdividing a parcel.
Chair Hernandez restated for clarification that this density level represents an existing legal
non-conforming property and that this property's non-conformance status also includes the fact
that the lot is smaller than the zoning minimum of 10,000 square feet.
Director Sharon Fierro replied yes.
Planning Commission Minutes of July 8, 2003 Page 3
Commissioner Gibbons presented the Site and Architectural Review Committee report as
follows:
· SARC reviewed this project on June 24, 2003, and was supportive with no comments or
recommended Conditions of Approval.
Chair Hernandez opened the Public Heating for Agenda Item No. 1.
Chair Hemandez closed the Public Heating for Agenda Item No. 1.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Rocha, the Planning Commission adopted Resolution No. 3510 granting a
Site and Architectural Review Permit (PLN2003-73) to allow the
construction of a new two-story single-family residence on property owned
by Mr. Evan Tsellas located at 1462 Abbott Avenue and found this project
to be Categorically Exempt under CEQA, by the following roll call vote:
AYES: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha
NOES: None
ABSENT: Doorley
ABSTAIN: None
Chair Hernandez read Agenda Item No. 2 into the record.
PLN2003-23/
PLN2003-24/
PLN2003-25/
PLN2003-27
Mahzoon, R.
Public Heating to consider the application of Mr. Russell Mahzoon
for a Zone Change (PLN2003-23) from R-M-S (Multiple Family
Residential) to P-D (Planned Development); a Tentative Parcel
Map (PLN2003-24) to create four lots plus one common lot; a
Planned Development Permit (PLN2003-25) to allow the
construction of four new townhomes and a Tree Removal Permit
(PLN2003-27) to allow the removal of several trees on property
owned by Mr. Russell Mahzoon located at 636 W. Sunnyoaks
Avenue in an R-M-S (Multiple Family Residential) Zoning
District. Staff is recommending that this project be deemed
Categorically Exempt under CEQA. Tentative City Council
Meeting Date: August 5, 2003. Project Planner: Stephanie
Willsey, Planner I.
Ms. Stephanie Willsey, Planner I, presented the staff report as follows:
· Advised that the applicant is seeking approval of a Zone Change, Tentative Parcel Map,
Planned Development Permit and Tree Removal Permit to allow a four-unit townhome
development on the south side of W. Sunnyoaks Avenue.
· Described the property as being low-medium density residential. The project would be
developed at a density of 10.8 units per gross acre, which is consistent with the General
Plan.
· Said that the current Zoning is R-M-S (Multiple Family Residential) and a Zone Change
proposes to change it to P-D (Planned Development) to allow the construction of four
Planning Commission Minutes of July 8, 2003 Page 4
townhome units, each on an individual lot that would allow for separate ownership. One
common lot would consist of the shared driveway, shared parking and landscaping.
· Advised that one unit has frontage along W. Sunnyoaks Avenue.
· Stated that architectural features include wood and stucco exteriors, hip and gable roofs
with projecting eaves to help reduce building mass.
· Said that parking requirements are 14 spaces with four being covered spaces. What is
provided is 14 spaces with eight being covered spaces.
· Advised that one 19-inch Cottonwood and one 20-inch Pine tree would be removed with
24-inch box trees to be planted as replacements.
· Recommended that the Commission adopt Resolutions to recommend that Council approve
a Zone Change, Planned Development Permit, Tentative Parcel Map and Tree Removal
Permit.
Commissioner Gibbons presented the Site and Architectural Review Committee report as
follows:
· SARC reviewed this project on June 24, 2003, and was supportive of the proposal as
submitted with no comments or Conditions of Approval.
Chair Hernandez opened the Public Hearing for Agenda Item No. 2.
Chair Hernandez closed the Public Hearing for Agenda Item No. 2.
Motion:
Upon motion of Commissioner Francois, seconded by Commissioner
Alderete, the Planning Commission took the following action:
· Adopted Resolution No. 3511 recommending approval a Zone Change
(PLN2003-23) from R-M-S (Multiple Family Residential) to P-D
(Planned Development);
· Adopted Resolution No. 3512 recommending approval of a Tentative
Parcel Map (PLN2003-24) to create four lots plus one common lot;
· Adopted Resolution No. 3513 recommending approval of a Planned
Development Permit (PLN2003-25) to allow the construction of four
new townhomes; and
· Adopted Resolution No. 3514 recommending approval of a Tree
Removal Permit (PLN2003-27) to allow the removal of two protected
trees,
on property owned by Mr. Russell Mahzoon located at 636 W. Sunnyoaks
Avenue, by the following roll call vote:
AYES: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha
NOES: None
ABSENT: Doorley
ABSTAIN: None
Chair Hernandez advised that Council would consider this item on August 5th for final action.
Chair Hemandez read Agenda Item No. 3 into the record.
Planning Commission Minutes of July 8, 2003 Page 5
o
PLN2003-68
Gluzman, A.
Public Hearing to consider the application of Mr. Alex Gluzman for
a Conditional Use Permit (PLN2003-68) to allow a beer and wine
license in conjunction with an existing deli/caf6 (Russian Tea
House) on property owned by Ms. Barbara Mortkowitz located at
2080-3. S. Bascom 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 in 10 calendar days, unless appealed in writing to the
City Clerk. 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 Conditional Use Permit to allow a beer
and wine license (permitting both on sale and off sale beer and wine sales) in conjunction
with an existing deli and caf6, located on the east side of S. Bascom Avenue, south of
Denny's Restaurant.
· Described the deli/caf6 as a 1,200 square foot tenant space within a multi-tenant retail
building. The deli/caf6 occupies about 35 percent of the building.
· Said that a beer and wine license was considered and approved for a previous tenant for
this tenant space but that tenant never pursued obtaining the actual liquor license.
· Stated that issuance of a Use Permit is required and recommended the adoption of a
Resolution granting this application.
· Advised that the site is adequately parked and that surrounding uses are compatible.
· Said that this item was not considered by SARC since there are no architectural changes
proposed.
Chair Hernandez opened the Public Heating for Agenda Item No. 3.
Chair Hernandez closed the Public Hearing for Agenda Item No. 3.
Motion:
Upon motion of Commissioner Jones, seconded by Commissioner Francois,
the Planning Commission adopted Resolution No. 3515 granting a
Conditional Use Permit (PLN2003-68) to allow a beer and wine license in
conjunction with an existing deli/caf6 (Russian Tea House) on property
owned by Ms. Barbara Mortkowitz located at 2080-A S. Bascom Avenue
and found this project to be Categorically Exempt under CEQA, by the
following roll call vote:
AYES: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha
NOES: None
ABSENT: Doorley
ABSTAIN: None
Chair Hernandez read Agenda Item No. 4 into the record.
Planning Commission Minutes of July 8, 2003 Page 6
4. PLN2003-81
Sorrentino, H.
Public Hearing to consider the application of Ms. Harmony M.
Sorrentino for a Conditional Use Permit (PLN2003-81) to allow the
establishment of a 1,950 square foot fitness facility (Curves) in an
existing building on property owned by Blatteis Realty Co., Inc.,
LLC, located at 797 W. Hamilton Avenue in a P-D (Planned
Development) 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
Ms. Melinda Denis, Planner I, presented the staff report as follows:
Advised that the applicant is seeking approval of a Conditional Use Permit to allow the
establishment of a fitness center within an existing commercial building, located on the
northwest comer of Hamilton Avenue and Darryl Drive.
· Said that there are no exterior changes proposed to the building or parking area.
· Stated that the surrounding uses are compatible and the General Plan Land Use is General
Commercial. This proposed use is compatible with the General Plan designation.
· Added that the Zoning is P-D (Planned Development) and this use is compatible with
issuance of a Conditional Use Permit.
· Described the tenant space as 1,950 square feet that will include 16 workout stations.
There will be four employees with three maximum employees working each shift. The
proposed hours are from 9 a.m. to 1 p.m. and from 4 p.m. to 7 p.m.
· Advised that the allowable hours of operation for businesses is 6 a.m. to 11 p.m.
· Added that as memberships increase, the hours of operation will increase.
· Said that parking requirements are one space for every 250 square feet of tenant space.
This space requires 10 spaces. Forty-six spaces are provided. Therefore, this use will not
impact parking for the site and no additional parking is required to accommodate this
project.
· Recommended approval of this Use Permit.
Motion:
Upon motion of Commissioner Rocha, seconded by Commissioner Jones,
the Planning Commission adopted Resolution No. 3516 approving a
Conditional Use Permit (PLN2003-81) to allow the establishment of a 1,950
square foot fitness facility (Curves) in an existing building on property
owned by Blatteis Realty Co., Inc., LLC, located at 797 W. Hamilton
Avenue and found this project to be Categorically Exempt under CEQA,
by the following roll call vote:
AYES: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha
NOES: None
ABSENT: Doorley
ABSTAIN: None
Chair Hemandez read Agenda Item No. 5 into the record.
Planning Commission Minutes of July 8, 2003 Page 7
5. PLN2003-52
Bastida, P.
Public Hearing to consider the application of Mr. Pelusa Bastida for
the Reinstatement (PLN2003-52) of a previously approved Planned
Development Permit to allow the construction of a five-unit
townhome development; a Tentative Subdivision Map (PLN2003-
67) to allow the creation of five townhome lots and one common
lot and a Tree Removal Permit (PLN2003-82) to allow the removal
of nine trees on property owned by Mr. Pelusa Bastida located at
122 Shelley Avenue in a P-D (Planned Development) Zoning
District. A Negative Declaration was previously approved for this
project. Tentative City Council Meeting Date: August 5, 2003.
Project Planner: Melinda Denis, Planner I
Ms. Melinda Denis, Planner I, presented the staff report as follows:
Advised that the applicant is seeking approval of a Reinstatement to a previously approved
Planned Development Permit, a Tentative Subdivision Map and a Tree Removal Permit to
allow the construction of a five-unit townhome development on property located on the
south side of Shelley Avenue.
· Said that the Tentative Subdivision Map would create five townhome lots and one common
lot. The common lot would consist of the access driveway and common landscaping.
· Informed that on April 11, 2000, the Planning Commission recommended approval of a
Zone Change, Planned Development Permit, Tentative Subdivision Map and Tree Removal
Permit for this parcel, which Council approved. The Planned Development Permit and
Tentative Subdivision Map approval expired in May.
· Stated that there are no changes proposed to the previous approval and no new
environmental impacts.
· Said that a Condition of Approval requires that the applicant submit a final landscape plan
prior to issuance of Building permits. Additionally, a draft copy of CC&Rs must be
provided prior to recordation of the final map.
· Recommended approval.
Commissioner Gibbons presented the Site and Architectural Review Committee report as
follows:
· Advised that SARC reviewed this project June 14th and was supportive.
Chair Hemandez opened the Public Hearing for Agenda Item No. 5.
Ms. Maureen Richards, 130 Shelley Avenue, Campbell:
· Pointed out that the buildings were to have been moved by two feet further from the
driveway in order to leave sufficient room to preserve existing shrubbery that acts as
screening between this property and her complex.
Senior Planner Geoff I. Bradley agreed that much discussion, the driveway area was widened
out to accommodate some of the existing shrubbery.
Ms. Maureen Richards said that neighbors were to have been consulted as to which specific
shrubs were to be retained since all the shrubs cannot be retained.
Planning Commission Minutes of July 8, 2003 Page 8
Senior Planner Geoff I. Bradley advised that staff could meet with the developer and neighbors
to work this out.
Ms. Maureen Richards sought assurance that this would occur prior to removal of any of the
shrubbery.
Senior Planner Geoff I. Bradley replied yes.
Ms. Maureen Richards said that she would be very upset to simply see these shrubs gone one
day.
Chair Hernandez suggested adding or amending a Condition of Approval to deal with this
detail.
Commissioner Gibbons pointed out that the Conditions require that a landscape plan must be
finalized with the Planning Department prior to issuance of demolition and/or building permits.
Senior Planner Geoff I. Bradley said that is correct and added that both the final landscape plan
and a tree protection plan are required prior to construction.
Ms. Maureen Richards asked how she could be involved in this process.
Senior Planner Geoff I. Bradley said she should leave contact information with staff.
Ms. Maureen Richards said that she is also concerned about the potential for rat infestation
since this home has sat vacant for a long time. Asked if pest inspection is required as she also
does not want to experience termite infestation as a result of demolition of this site.
Chair Hernandez said he was not aware of any pest control requirements in such a situation.
Director Sharon Fierro said that she had required vermin abatement for the Rolling Hills
Shopping Center, as that property was known to have a rat infestation. That requirement was
added as a Condition of Approval.
Ms. Maureen Richards said she is happy to see new development on this site, as it will enhance
neighboring properties. Said she loves trees and disagrees that the trees on this property are
dying but rather they could live a lot longer in her personal opinion.
Commissioner Gibbons suggested adding language to the Property Maintenance Condition to
read, "Prior to demolition, the property would require inspection and vermin abatement
program."
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Rocha, the Planning Commission took the following action:
· Adopted Resolution No. 3517 recommending approval of a
Reinstatement (PLN2003-52) of a previously approved Planned
Development Permit to allow the construction of a five-unit townhome
development, with the amendment to Condition #19;
Planning Commission Minutes of July 8, 2003 Page 9
· Adopted Resolution No. 3518 recommending approval of a Tentative
Subdivision Map (PLN2003-67) to allow the creation of five townhome
lots and one common lot,
· Adopted Resolution No. 3519 recommending approval of a Tree
Removal Permit (PLN2003-82) to allow the removal of nine trees,
on property owned by Mr. Pelusa Bastida located at 122 Shelley Avenue,
by the following roll call vote:
AYES: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha
NOES: None
ABSENT: Doorley
ABSTAIN: None
Chair Hernandez advised that Council would consider this item on August 5th for final action.
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 the Police Department processed Live Entertainment Permits through the City
Council for both the Gaslighter Theatre and American Legion.
· Said that the next Planning agenda includes one item.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:08 p.m. to the next Regular Public Hearing
on July 22, 2003, in the Council Chambers, City Hall, 70 North First Street, Campbell,
California.
SUBMITTED BY:
APPROVED BY:
ATTEST:
Corinne A. Shinn, Recording Secretary