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PC Min - 03/14/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MARCH 14,2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of March 14, 2006, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Alderete and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Bob Alderete Michael Rocha George Doorley Mark Ebner Tom Francois Elizabeth Gibbons Bob Roseberry Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind Tim J. Haley William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission minutes of February 28, 2006, were approved as submitted. (7-0) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of March 14,2006 Page 2 ORAL REQUESTS There were no Oral Requests. *** PUBLIC HEARINGS Chair Alderete read Agenda Item No. 1 into the record as follows: 1. PLN2005-160 Abtahi, H. Public Hearing to consider the application of Mr. Hamid Abtahi for a Site and Architectural Review Permit (PLN2005-160) to allow the construction of a new single- family residence on a flag lot property owned by Mr. Hamid Abtahi located at 1788 Regina Way in an R-1-9 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tim J. Haley, Associate Planner Associate Planner Tim J. Haley presented the staff report as follows: . Advised that the applicant is seeking Site and Architectural Approval to allow the construction of a new single-family residence on a flag lot located on Regina Way. . Described the proposed residence as two-story with attached garage consisting of 4,614 square feet on a 10,864 square foot lot. The architecture is of conventional residential design including wood siding and a concrete tile roof. . Explained that the proposal complies with the provisions of the San Tomas Area Neighborhood Plan as well as the R-1-9 Zoning regulations. . Reported that SARC was supportive. Commissioner Francois asked staff if there are any parking issues with this proposal. Planner Tim J. Haley replied that the applicant is providing two covered and two uncovered parking spaces where only two spaces are required. This project exceeds the parking requirements for a single-family residence. Commissioner Rocha presented the Site and Architectural Review Committee report as follows: . SARC reviewed this proposal at its meeting of February 28, 2006, and was supportive. . Explained that revised elevations have been provided that incorporate decorative carriage style garage doors, use of pavers and stamped concrete. . Added that the applicant was very receptive to the recommendations made by SARC and that it was nice working with him. Chair Alderete opened the Public Hearing for Agenda Item No.1. Planning Commission Minutes of March 14,2006 Page 3 Mr. Hamid Abtahi, Applicant and Property Owner: . Said that he was available for any questions. . Asked for support for this project. . Stated that he has no complaints about the conditions imposed. . Assured that this project will help the city. Chair Alderete closed the Public Hearing for Agenda Item No.1. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3709 approving a Site and Architectural Review Permit (PLN2005-160) to allow the construction of a new single-family residence on a flag lot property owned by Mr. Hamid Abtahi located at 1788 Regina Way, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Franl;ois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Alderete read Agenda Item No.2 into the record as follows: 2. PLN2005-160 Abtahi, H. Public Hearing to consider the application of Mr. Hamid Abtahi for a Site and Architectural Review Permit (PLN2005-161) to allow the construction of a new single- family residence on a flag lot property owned by Mr. Hamid Abtahi located at 1790 Regina Way in an R-1-9 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tim J. Haley, Associate Planner Associate Planner Tim J. Haley presented the staff report as follows: . Advised that this is a similar lot to the previous project. . Said that the applicant is also seeking Site and Architectural Review Permit to allow a new two-story single-family residence. . Explained that the proposal is consistent with the San Tomas Area Neighborhood Plan and R-1-9 Zoning District. Planning Commission Minutes of March 14,2006 Page 4 . Said that this lot is slightly smaller than the previous at 9,910 square feet. . Said that the applicant worked with staff on architectural differences between the two projects. This one is a Contemporary Mediterranean style using stucco and tile roof. . Stated that SARC reviewed the proposal. . Recommended the adoption of a Resolution approving this project. Commissioner Gibbons pointed out that there is an angle in the lot lines between these two lots. Planner Tim J. Haley agreed that there was a slight adjustment. Commissioner Gibbons said that other flag lots have often included fences down to the street with gates. This plan implies fencing only partway down. She asked that it be clarified in the conditions that no massive walled enclaves be created. Chair Alderete opened the Public Hearing for Agenda Item No.2. Mr. Hamid Abtahi, Applicant and Property Owner: . Assured that no fences out to the street are proposed. . Added that both driveways are big at 20 and 15 feet and staff had asked them to incorporate different paving materials to enhance them. . Said that this project is going to show very well from the street. Commissioner Rocha asked Mr. Hamid Abtahi if any thought has been given to using drought resistant landscaping, which is important to consider. Director Sharon Fierro pointed out that the City has adopted the WELS Standards (Water Efficient Landscape Standards). Commissioner Gibbons said that she notices that the fencing for the two adjacent properties go all the way to the street. Mr. Hamid Abtahi said that the fencing would come from the back to approximately 15 feet where it would be lowered. Planner Tim J. Haley clarified that they would be from the houses that front on the street to the side property lines. He said that the concern is the creation of an alleyway. He added that it may be important to keep it open between the two driveways to prevent that. Commissioner Gibbons said that there was going to be a street quality appearance with the driveways serving these two adjacent flag lots. Mr. Hamid Abtahi said that Lot 1 has a six-foot high fence, which is on the left side of Lots 2 and 3. Planning Commission Minutes of March 14,2006 Page 5 Commissioner Gibbons asked how far down those fences come. Mr. Hamid Abtahi said he is happy to do this fencing in any way the Commission wants him to. Chair Alderete closed the Public Hearing for Agenda Item NO.2. Commissioner Gibbons: . Said she wanted to point a few observations out. . Stated that these two homes are different but the same. . Added that it is a disservice when duplicate but opposite hand designs are allowed. . Said she would have preferred not to have opposite hand designs. . Said that a flag lot is a challenge where all that is seen from the street is the drive and garage. . Said that there are not a lot of options. . Encouraged staff to direct applicants to design in such a way that garages on flag lots not be visible from the driveway. . Opined that some of the flag lots along Capri Drive are quite sad with eight foot high gates closing them off from the street. . Suggested conditions be developed for future projects. . Said that she would like to see no gates allowed within a certain distance past the profile of the adjoining property so that it doesn't ruin the street plain. . Said that this is a large house with complicated roof lines that is pushing the envelope. Commissioner Rocha stated that SARC had the applicant break up the site line of the drive with the use of decorative pavers and concrete. He reminded that the applicant was very receptive to the recommendations of SARC and pointed out that the inclusion of carriage doors was taken into account as far as appearance from the street. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3710 approving a Site and Architectural Review Permit (PLN2005-161) to allow the construction of a new single- family residence on a flag lot property owned by Mr. Hamid Abtahi located at 1790 Regina Way, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Franl;ois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Planning Commission Minutes of March 14, 2006 Page 6 Chair Alderete 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: . Reported that the FY 06/07 CDBG Program was approved by Council at its last meeting. These are federal funds that are used to support social services agencies. Commissioner Gibbons mentioned the potential change in mean income calculation and that the City wrote a letter to the Federal government requesting that the proposed change not be implemented. Director Sharon Fierro clarified that this average income standard is used to determine eligibility for many housing assistance programs. The government was going to use smaller counties which would lower the income standard thereby leaving many people out. The City forwarded a strong letter to argue the point with the State. Commissioner Gibbons asked if a copy of that letter could be provided to the Commission as the impacts of this change would be astonishing. Director Sharon Fierro said she would be happy to provide a copy of this letter. Chair Alderete asked staff for further information on the pending Study Session on March 28th. Director Sharon Fierro: . Said that this Study Session would be on Phase II of the Zoning Code Update that would include a Draft Inclusionary Ordinance. . Explained that at the present time, 15 percent of housing units in redevelopment areas are required to be affordable. . Added that an Inclusionary Ordinance puts that requirement forward throughout the City. . Advised that in this area an affordable unit still costs upwards of $500,000. With an Inclusionary Ordinance there would be more opportunities for affordable units. . Said that technical changes to the existing Zoning Code are also proposed. . Reported that the Council held a Study Session on readerboard signs and gave direction to draft changes to the Sign Ordinance whereby only theatres and places of assembly would be permitted to have readerboard signs. Other changes to the Sign Ordinance would impact freeway-oriented signs and sign exceptions. . Said that minor changes are proposed for the Code Enforcement Ordinance that would offer the provision to recover costs. . Stated that further amendments would be brought forward down the road. Planning Commission Minutes of March 14,2006 Page 7 Commissioner Doorley asked about the zoning for adult-oriented uses. Director Sharon Fierro said that if a city does not permit such uses somewhere, it is vulnerable in court. Commissioner Doorley said that he would be interested in how other cities in the area compare. Commissioner Rocha asked if there is any proposal for a change to sunshine clause. Director Sharon Fierro said that this is handled through Noise Ordinance issues. Commissioner Gibbons said that as a follow up to the last Study Session on the Historic Design Guidelines, a map was promised that depicts where historic areas are or might be added. Additionally, copies of the Historic Ordinance and information on CLG status and CEQA impacts. Director Sharon Fierro reported that the expansion of the Historic Resources Inventory is on hold. Currently historic structures are in North and South Downtown neighborhoods. Commissioner Gibbons reported that there have been some interesting lawsuits between cities such as Milpitas, San Jose and Santa Clara on the costs of dealing with impacts from projects in another jurisdiction. Director Sharon Fierro said that San Jose has and will adopt an amendment to its General Plan Policies. San Jose will exempt certain intersections from being widened or improved with development. Commissioner Gibbons asked staff to keep aware on these issues and how they are resolved. Commissioner Rocha asked about the NetFlix site. Director Sharon Fierro reported that she toured this facility and it is wonderful. Commissioner Gibbons asked how big a housing component this project has. Commissioner Rocha replied substantial. Char Alderete said that this is a beautiful building and that he hopes the next hotel constructed in Campbell looks as nice. Commissioner Francois asked about noise issues and VTA. Planning Commission Minutes of March 14, 2006 Page 8 Director Sharon Fierro reported that the Public Works Department is working on the issue of ringing of crossing bells. She added that a metal building on Salmar Avenue shimmies when trains go by. That building will have to be structurally reinforced. Commissioner Rocha asked if the crossing bells change is noticeable. Chair Alderete said that he noticed in the last couple of days a new electronic tone that is milder and less pervasive. It is not as shrill and irritating. Director Sharon Fierro said that the PUC is the final authority. When trains cross at grade they are extremely careful of safety issues. Commissioner Ebner asked how many units are going into the NetFlix site. Director Sharon Fierro said that she does not remember. Commissioner Roseberry reported that there are residential and office uses there but no retail. Chair Alderete asked staff to provided materials for the Study Session to allow Commissioners to generate questions in advance. Director Sharon Fierro said sure. Commissioner Gibbons added that even an outline would be helpful. Director Sharon Fierro suggested emailing something. ADJOURNMENT The Planning Commission meeting adjourned at 8:17 p.m. to the next Regular Planning Commission Meeting of March 28, 2006. SUBMITTED BY: APPROVED BY: Corinne A. Shinn, Recor Ing Secretary \0</ BoiSlAlderete, Chair ATTEST: ti.~~ Sh on Fierro, Secretary