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PC Min - 05/23/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MAY 23, 2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 23,2006, 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: Bob Alderete Michael Rocha Mark Ebner Tom Francois Bob Roseberry Commissioners Absent: Commissioner: Commissioner: George Doorley Elizabeth Gibbons Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner I: Planning Intern: City Attorney: Sharon Fierro Jackie C. Young Lind Tim J. Haley Melinda M. Denis Shaun Lacey William Seligmann APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission minutes of May 9, 2006, were approved as submitted. (4-0-2-1; Commissioners Doorley and Gibbons were absent and Commissioner Ebner abstained) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of May 23, 2006 Page 2 ORAL REQUESTS Ms. Arlene Jordan, 1731 Phantom Avenue, San Jose: . Explained that her property abuts this church property. . Asked how her unincorporated pocket might be annexed into the City of Campbell. Director Sharon Fierro asked the speaker to leave contact information and staff would call her to discuss this issue. SPECIAL PRESENTATION Chair Alderete invited Planning Intern Shaun Lacey to the dais to present a resolution commending him for his service to the Commission and City. The resolution outlines the variety of work performed by Shaun during his tenure and recognized his excellence, recent completion of his thesis and upcoming graduation with a Master in Urban Planning degree. Planning Intern Shaun Lacey extended his thanks to Director Sharon Fierro, Senior Planner Jackie C. Young Lind and staff for their help during his internship during which time he learned what planning is all about. Staff has provided a great influence. *** PUBLIC HEARINGS Chair Alderete read Agenda Item No. 1 into the record as follows: 1. PLN2006-42 Park, 5 Public Hearing to consider the application of Ms. Soo Zee Park, on behalf of Leadership Public Schools, for a Conditional Use Permit (PLN2006-42) to allow the establishment of a ninth grade for a charter school within an existing church site on property owned by First Congregational Church of San Jose located at 1980 Hamilton Avenue in a P-F (Public Facilities) 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 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 the establishment of a 9th grade charter school at a church site located at Leigh and Hamilton Avenues. . Explained that in the past, the Planning Commission approved various requests for use of portable classroom buildings for Mulberry School, an elementary school that established at this site in 1965 and was there until they moved to a new location last year. Planning Commission Minutes of May 23, 2006 Page 3 · Reported that this application is to allow the establishment of a 9th grade for the 2006/07 school year, which would run from August 2006 through June 2007. After that time, this school would relocate to accommodate an addition grade level. · Said that the maximum number of students would be up to 112, which is the same maximum permitted for Mulberry School. Staffing levels would be reduced from 30 to 10. · Advised that this charter school would utilize the same facilities as Mulberry school. · Pointed out that a chart comparing this proposal to Mulberry was included in the staff report. · Recommended that the Commission adopt a resolution approving this one-year Conditional Use Permit. · Explained that a neighborhood meeting was hosted by this applicant at which six neighbors attended. No significant issues were raised. There are no extensive changes proposed to the site. This would function as a closed campus between the hours of 8 a.m. and 3 p.m. There would be few evening events except for parent/teacher conferences. · Said that no SARC review was required. Commissioner Roseberry pointed out the numerous approvals dating 1996, 2000, 2004 and 2007. He asked if tonight's request would run concurrent to the not yet expired Mulberry Use Permit or would be a new Use Permit. Planner Tim J. Haley explained that the Commission has the authority to extend the time limit for a use. The continued use of the portables was approved until 2007. This proposal is consistent to that use. Commissioner Roseberry pointed out that Mulberry served students up to 5th grade and this school would serve just the 9th grade. He asked if it were certain that the charter school would relocate after the 06/07 school year. Planner Tim J. Haley replied that the site couldn't accommodate more than one year of high school. Chair Alderete opened the Public Hearing for Agenda Item NO.1. Ms. Soo Zee Park, Facilities Manager, Leadership Public Schools, San Francisco: · Explained that they began talking with the church, Fire Department and City staff about use of this site a while ago and signed a lease with the church. · Added that they are before the Commission this evening because their 9th grade school was different from the elementary school that formerly was housed on this site. · Informed that they have held meetings, sent out notices, walked the neighborhood, held informational sessions and posted banners advising nearby neighbors of their plans to use this site for one year and providing contact information. Planning Commission Minutes of May 23, 2006 Page 4 · Advised that they also provided contact information to City staff to share with anyone interested in discussing their plans. . Reported that just one call was received. . Said that everyone seems to be comfortable with this proposal. · Assured that their use would be similar to Mulberry School. Their students are 14 to 15 years old. They are too young to drive and often old enough to walk to school or use public transportation. · Said that their focus is academics and no physical education is included this first year. · Assured that they would have to move after the first year, as their student body would double to 250 students when they add another grade to this charter school. · Explained that they would be petitioning Campbell Union School District for an appropriate facility nearby to serve as the school site into the future. Commissioner Francois asked Ms. Soo Zee Park what concerns were raised in the one email received. Ms. Soo Zee Park: · Replied that issues raised were evening and weekend activities, outdoor activities, noise and traffic impacts and congestion. · Added that Mulberry had no traffic issues and that the Leadership Public School's students would be old enough to simply be quickly dropped off and picked up while the younger and more varied aged students from Mulberry would often require a parent to park to drop their student(s) off at school. · Assured that they want to be a good neighbor to others in this area. Commissioner Rocha explained that he toured the site today and asked whether Ms. Soo Zee Park might consider posting signs prohibiting left turns out of the Hamilton Driveway to avoid traffic impacts and to assure safety. Ms. Soo Zee Park said that she would have no objection to that requirement and asked if this requires a City approval. Director Sharon Fierro replied yes. Chair Alderete said that it appears that lighting fixtures in the parking lot have broken bulbs that need to be fixed. Ms. Soo Zee Park agreed and said this would be an important safety issue for their staff and students and they would ask their landlord (the church) to fix that situation. Chair Alderete pointed out a number of signs at one of the Leigh Avenue entrances and asked if they are all current and remaining. Planning Commission Minutes of May 23, 2006 Page 5 Ms. Soo Zee Park explained that the tenant for that sign is still operating on site. Their lease ends when the Leadership Public School lease goes into effect. At that time, any expired signs would be removed. Chair Alderete asked for clarification on plans to assess and purchase bus passes for students and when that task might be accomplished. Ms. Soo Zee Park replied that this would be evaluated once the student body is determined and the needs assessed. Chair Alderete questioned the row of garbage cans on carts that are located near the new trash enclosure and whether they were temporary or permanent. Ms. Soo Zee Park said that she believed they were tied to the church's operations and would have to ask them. Chair Alderete pointed out an adjacent neighbor who appears to build cars and/or planes on his property that is visible from this site. He asked Ms. Soo Zee Park if this activity causes any safety concerns for the Leadership Public School. Ms. Soo Zee Park replied no. She added that the church has assured her that this is a good neighbor. Mr. Joe Pacheco: · Explained that he would be serving as the principal for this Leadership Public School - Campbell campus. · Added that he is the former principal for Campbell Middle School having served in that capacity for 10 years. · Said that he is excited for this opportunity. · Assured that the school would work with neighbors to be sure all goes well. · Said he spoke with one neighbor who had concerns and he was able to assure that neighbor that this school would minimize any potential impacts on the surrounding area. · Added that they would also determine the best drop off options. Ms. Susan Price-Jang: · Reported that she has lived in this neighborhood since 1986 and her son is a senior at Del Mar High School. · Explained that she works at the Sherman Oaks Charter School for the last eight years. · Added that she knows lots of families in this neighborhood. · Said that she hopes the Commission approves this school, as parents like to have alternatives available. A smaller school can offer smaller class size and consists of multi-ethnic students from a mix of income levels. Planning Commission Minutes of May 23, 2006 Page 6 . Assured that this would be a wonderful addition to Campbell offering another educational choice to students and families. Mr. Jason Dewberry, 1701 Phantom, San Jose: . Explained that his home backs directly to the church property. . Advised that he is a teacher and supports the idea of this school. . Added that he was never directly approached by Leadership Public Schools but rather heard about tonight's hearing through the City's direct notice. . Said that his chief concern is traffic. . Pointed out that his street and neighborhood is split between County and City jurisdiction. . Added that no reasonable answer to issues raised about traffic speeds has been offered by either the City or the County. . Stated that many use his street as a short cut to bypass the traffic signal. Speeds are bad but have improved since Mulberry relocated. · Asked what can be done to prevent future traffic and speed impacts. Chair Alderete asked staff to address this issue. Director Sharon Fierro: . Agreed that this area falls under both County and City jurisdiction. . Added that Campbell has a Traffic Management Policy that favors use of speed bumps and focus traffic controls. . Said that she would forward Mr. Dewberry's comments on to the Campbell Police Department. . Explained that this unincorporated area is located in Campbell's Sphere of Influence and is likely to be incorporated into the City of Campbell in the future but in the foreseeable future it would remain unincorporated. Chair Alderete closed the Public Hearing for Agenda Item NO.1. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3718 granting a Conditional Use Permit to allow the establishment of a ninth grade for a charter school within an existing church site on property owned by First Congregational Church of San Jose located at 1980 Hamilton Avenue, by the following roll call vote: AYES: Alderete, Ebner, Francois, Rocha and Roseberry NOES: None ABSENT: Doorley and Gibbons ABSTAIN: None Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Planning Commission Minutes of May 23, 2006 Page 7 *** Commissioner Rocha advised that he must recuse himself for Item No. 2 and left the dais and chambers for the duration of that hearing. Chair Alderete read Agenda Item No.2 into the record as follows: 2. PLN2006-39 Perrelli, M. Public Hearing to consider the application of Mr. Michael Perrelli, on behalf of California Consignment Company, for a Conditional Use Permit (PLN2006-39) to allow the establishment of a furniture consignment store within an existing commercial building on property owned by Mr. Nick Gera located at 275 E. Campbell Avenue in the C-3- S (Central Business District) 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 Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking a Conditional Use Permit to allow a new business in the Downtown area for a furniture consignment store in an existing commercial building at E. Campbell Avenue and N. First Street. The entire building of 5,880 square feet would be utilized. · Said that staff finds this proposed use to be most closely that of selling second hand merchandise. In the C-3-S Zoning District, this use requires a Conditional Use Permit. . Said that since no exterior changes are proposed except for signs, this application was not reviewed by SARC. . Added that this use is consistent with Zoning and General Plan. Chair Alderete pointed out that several stores already in the Downtown could also fall into the secondhand or thrift store category. Planner Tim J. Haley said that the Community Development Director has made a determination that when a use is not specifically listed in a zoning district (i.e. consignment store) it should be compared to other similar characteristics of businesses in the Downtown. Chair Alderete pointed out that this building appears to have been constructed in 1913 and asked if it appears on the Historic Inventory. Planner Tim J. Haley replied no, it is not currently included although it is a fairly old building that once served as a feed store when this was a more agricultural community. Planning Commission Minutes of May 23, 2006 Page 8 Chair Alderete said that the Historic Preservation Board might want to get this building onto the Inventory list. Chair Alderete opened the Public Hearing for Agenda Item No.2. Mr. Scott McDonald, Representative, California Consignment Company: · Explained that the applicant, Michael Perrelli, could not be here tonight due to illness. · Advised that this shop opened on April 8th with the understanding that a Conditional Use Permit would be required for the resale of used merchandise. · Announced that the business has done extremely well since opening selling overstock material. · Added that Michael Perrelli also has a staging company, Staging With Style. · Said he is available for any questions. Chair Alderete closed the Public Hearing for Agenda Item No.2. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3719 granting a Conditional Use Permit (PLN2006- 39) to allow the establishment of a furniture consignment store within an existing commercial building on property owned by Mr. Nick Gera located at 275 E. Campbell Avenue, by the following roll call vote: AYES: NOES: ABSENT: ABsT AIN: Alderete, Ebner, Francois and Roseberry None Doorley and Gibbons Rocha Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Commissioner Rocha returned to the chambers and dais to rejoin the Commission for the remainder of the agenda items. Chair Alderete read Agenda Item NO.3 into the record as follows: Planning Commission Minutes of May 23, 2006 Page 9 3. PLN2006-03 (S) PLN2006-04 (S) PLN2006-32 (TRP) Ahmed, B. Public Hearing to consider the application of Mr. Basheer Ahmed for Site and Architectural Review Permits (PLN2006-03 & PLN2006-04) to allow the construction of two new two-story single-family residences and a Tree Removal Permit (PLN2006-32) to allow the removal of one protected tree (a 22-inch diameter Walnut) on properties owned by Mr. Basheer Ahmed located at 1690 & 1692 Westmont Avenue 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: Melinda M. Denis, Planner I Ms. Melinda M. Denis, Planner I, presented the staff report as follows: · Informed that the applicant is seeking Site and Architectural Review approval for two homes to be constructed on property located on the south side of Westmont, between Fawn and Harriet Avenues. The subject site is surrounded by residential uses. · Explained that a Tentative Parcel Map creating two lots was approved by the Commission in July 2005 and the Final Map is underway. Demolition of existing structures will occur prior to completion of the Final Map. · Described the zoning as R-1-9 and said that this site must comply with the requirements of the San Tomas Area Neighborhood Plan. · Said that the architecture includes features called for in the ST ANP including rectangular forms, hip and gable roof features, porches and composition roofing. One home will have siding and the other stucco. · Stated that one walnut tree would be removed and replaced with a 24-inch box tree. · Reported that under the ST ANP one tree is required for every 2,000 square feet in net lot size. For this project, six trees are required per parcel. More than that number of trees is pre-existing. · Recommended adoption of a resolution approving the Site and Architectural Review Permits and a resolution approving a Tree Removal Permit. · Advised that the applicant is present and available for any questions. Commissioner Roseberry pointed out a possible error in the staff report for the amount of floor area for 1692 Westmont. Planner Melinda Denis agreed that this is simply a typographical error. Commissioner Roseberry presented the Site and Architectural Review Committee report as follows: · Advised that SARC reviewed this proposal on two occasions. · Said that staff worked a great deal with this applicant. Planning Commission Minutes of May 23, 2006 Page 10 . Said that concerns raised by SARC included a request to use decorative pavers or stamped concrete on the driveway, changes to propose colors and materials, reduction in a 30-foot wide balcony on the front house that SARC felt was too large; trees and an attic vent that has since been addressed. Chair Alderete opened the Public Hearing for Agenda Item NO.3. Mr.Andrei Berar, 1680 Westmont Avenue, Campbell: . Said that when the Parcel Map was processed, he raised concerns about the potential privacy impacts that might be created with the likely two-story home that would ultimately be constructed on these parcels. . Said that this is the first time he has seen these specific plans and has concerns about windows that look directly into his bathroom and master bedroom. . Asked what might be done to preserve his family's privacy. Commissioner Francois asked Mr. Basheer Ahmed to address the privacy issues raised by Mr. Andrei Berar. Mr. Basheer Ahmed said that the window mentioned by Mr. Andrei Berar does not face his bedroom directly. It is far away and is facing his front lot. Commissioner Francois asked about the concerns of intrusiveness for the large proposed deck. Commissioner Roseberry said that it is really big at 30 feet in width. He expressed concern about the number of people it could accommodate. He suggested that the alignment might be offset and the size reduced. Mr. Basheer Ahmed said that he is willing to reduce, reconfigure and/or eliminate the deck. He said that his architect is attempting to make it smaller or would eliminate it completely if necessary. He added that since the deck has a solid wall it would not impact privacy greatly. Commissioner Rocha said that SARC's concern was more the alignment of the windows with the front and rear homes. Chair Alderete closed the Public Hearing for Agenda Item No.3. Commissioner Francois pointed out that the applicant is will to reduce the deck and asked Commissioner Roseberry if he is okay with that compromise. Commissioner Roseberry replied yes. He added that he trusts staff to resolve this issue with the applicant. Right now, the deck is too big, out of scale and creates privacy concerns. The low solid wall at between 42 and 48 inches does not assure privacy for the adjacent neighbors. Planning Commission Minutes of May 23, 2006 Page 11 Commissioner Rocha pointed out that this project feel victim to FAR limitations. In this case the deck could not become enclosed space without exceeding allowable FAR. He pointed out that the applicant worked hard with SARC on both occasions. Planner Melinda Denis explained that the revised architectural drawings are not yet ready but she prepared a rough sketch. She said that it would reduce the deck so it is more off the master bedroom and less off the master bath. She added that the window that causes the owner of 1680 Westmont concern is in a closet and could probably be revised into a clearstory window that eliminates impacts on that neighbor. Commissioner Ebner said that the rough sketch provided by Planner Melinda Denis is good and clears things up for him. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Ebner, the Planning Commission took the following actions: · Adopted Resolution No. 3720 approving Site and Architectural Review Permits (PLN2006-03 & PLN2006-04) to allow the construction of two new two-story single-family residences with modifications to the Conditions to require the applicant to work with staff to achieve a reduction in the size of deck and revision of the window in the closet to a clearstory window; and · Adopted Resolution No. 3721 granting a Tree Removal Permit (PLN2006-32) to allow the removal of one protected tree (a 22- inch diameter Walnut) on properties owned by Mr. Basheer Ahmed located at 1690 & 1692 Westmont Avenue, by the following roll call vote: AYES: Alderete, Ebner, Francois, Rocha and Roseberry NOES: None ABSENT: Doorley and Gibbons ABSTAIN: None 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.4 into the record as follows: Planning Commission Minutes of May 23, 2006 Page 12 4. PLN2006-44 Hagman, B. Public Hearing to consider the application of Mr. Bill Hagman, on behalf of The Hagman Group, for an Administrative Planned Development Permit (PLN2006- 26) and a Master Sign Program (PLN2006-44) for an existing multi-tenant commercial/retail building on property owned by Keon and Michele Vossoughi, Trustees, located at 1769-1783 S. Winchester Boulevard in a P-D (Planned Development) 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: Melinda M. Denis, Planner I Ms. Melinda M. Denis, Planner I, presented the staff report as follows: · Advised that the applicant is seeking approval of an Administrative Planned Development Permit and Master Sign Plan. · Said that generally an Administrative Planned Development Permit can be approved by the Community Development Director but in this case, the Director elected to refer it to the Commission. · Explained that the project site is a developed shopping center. There is no expansion proposed to the building. The site is on the west side of S. Winchester between Hamilton and Latimer Avenues. It is surrounded by Home Church on the north and south, residences to the west and commercial to the east. · Said that the General Plan designation is Central Commercial and the zoning is P- D (Planned Development). This proposal is consistent with both with the issuance of an Administrative Planned Development Permit. · Stated that this proposal would update the appearance through fac;ade improvements and a master sign plan. New landscaping and light fixtures would be installed as well as the Winchester Boulevard Streetscape. The building would incorporate four tower features that are complimentary to the adjacent Home Church and offers continuity while defining this retail entity. · Said that staff requested additional light fixtures and that the applicant is proposing significant landscape improvements that include tree wells and 17 required trees. A planter will be added along the rear property line consistent with Home Church's. A 10-foot sidewalk will be installed with four-by-four tree wells that will be planted with Tulip Trees. · Said that a six-foot wall would be constructed at the rear property line to provide screening and buffering between commercial and residential uses. · Explained that the master sign plan offers sign control regulations that include type font, area and height requirements. An existing monument located on Home Church property will be removed. A replacement monument sign will be constructed on this parcel that is architecturally compatible with the building. · Recommended that the Commission adopt Resolutions approving the Administrative Planned Development Permit and the Master Sign Plan. Planning Commission Minutes of May 23, 2006 Page 13 Commissioner Rocha said that he is pleased to see the trees spacing and said that the staff and applicant did a good job. He will support this request. Commissioner Rocha presented the Site and Architectural Review Committee Report as follows: · SARC reviewed this proposal on May 9th and was supportive. . Reported that it was discovered that the size text on the monument sign was not compatible to the Sign Ordinance and was revised. · Said that the applicant worked with staff on the landscape plan. · Described this is a Gateway project site into the City of Campbell and that it would be a good compliment. Chair Alderete opened the Public Hearing for Agenda Item NO.4. Mr. Keon Vossoughi, Applicant and Property Owner, said he was available for any questions. Commissioner Rocha asked about the proposed patio for one tenant and whether it would be located at the front or back of the building. Mr. Keon Vossoughi said that it is simply a proposal and would be located at the rear. Commissioner Rocha cautioned that since there are residences at the rear, there would need to be screening. This would need to be handled under a future application. Mr. Keon Vossoughi said that his tenant would come in with that request if they so choose. Mr. Paul Gunsky: · Said that his family has operated the Plaza Theaters in Campbell since 1966. · Stated that he is excited to hear about this project for a site that serves as a Gateway to the community. . Said that this does a lot for the community and although small represents an important project. · Advised that he studied the plans closely and finds this to be a wonderful addition to the community. Mr. Bill Hagman, Project Architect: . Commended staff for their work on this particularly Melinda Denis, Sharon Fierro and Jackie C. Young Lind. · Exclaimed that Campbell staff is so helpful which is unusual in other locations. · Said that he is also the architect for Home Church. It was a challenge but they managed to create something that offers continuity while providing a retail identity. Planning Commission Minutes of May 23, 2006 Page 14 Commissioner Francois told Mr. Bill Hagman that he did a great job on establishing continuity and asked for the timeline for this project. Mr. Bill Hagman replied that they have already started work on construction drawings and hope to submit for Building permits in a couple of weeks. Chair Alderete closed the Public Hearing for Agenda Item No.4. Commissioner Ebner asked how traffic issues for construction trucks could best be managed. He said that there were impacts on Latimer Avenue during the Community Center upgrade. Director Sharon Fierro said that construction traffic would be on Winchester for this project. For the Community Center project, much of the work was done on the Latimer Avenue side resulting in the corresponding construction traffic impacts. Planner Melinda Denis said that staff could coordinate this with the applicant. Commissioner Ebner asked if the tower fayade elements have lighting that might be visible to the nearby residences. Planner Melinda Denis replied no, no lighting is included in these tower elements. Commissioner Francois asked if construction hours are called out in the Conditions of Approval. Planner Melinda Denis said that standard construction hours are 8 a.m. to 5 p.m., Mondays through Friday, 9 a.m. to 4 p.m. on Saturdays and no construction allowed on Sundays or Holidays. Commissioner Rocha asked if contractor contact information would be posted. Planner Melinda Denis replied yes, this is always required. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission took the following actions: . Adopted Resolution No. 3722 granting an Administrative Planned Development Permit (PLN2006-26) for an existing multi- tenant commercial/retail building with amendments to the conditions to call out construction hours and require a construction management plan to include traffic management and site staging to the satisfaction of the Community Development Director; and · Adopted Resolution No. 3723 approving a Master Sign Program (PLN2006-44) for an existing multi-tenant commercial/retail Planning Commission Minutes of May 23, 2006 Page 15 building on property owned by Keon and Michele Vossoughi, Trustees, located at 1769-1783 S. Winchester Boulevard, by the following roll call vote: AYES: Alderete, Ebner, Francois, Rocha and Roseberry NOES: None ABSENT: Doorley and Gibbons ABSTAIN: None 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.5 into the record as follows: 5 PLN2006-22 Bryan, L. Public Hearing to consider the application of Ms. Lynne Birch Bryan, Architect, on behalf of Marko and Bozana Duchich, for a Site and Architectural Review Permit (PLN2006-22) to allow the construction of a new single- family residence on property owned by Marko and Bozana Duchich located at 855 Emory Avenue in an R-1-16 (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: Melinda M. Denis, Planner I Ms. Melinda M. Denis, Planner I, presented the staff report as follows: · Advised that this project site is located on the west side of Emory between Waldo and Sunnyoaks. It is surrounded by single-family residences to the north, south and east and a Santa Clara Valley Water District site to the west. · Described the General Plan designation as Low-Density Residential and the Zoning as R-1-16. The site falls under the ST ANP requirements. · Said that the proposal is for a new one-story single-family residence with an attached three-car garage that is perpendicular to the street. The home utilizes a contemporary architectural design and includes representative features from the ST ANP such as use of simple rectangular shapes, hip rooflines, porch, shingle roofing and stucco siding. · Reminded that one tree is required for every 2,000 square feet of net lot size resulting in a requirement for 10 trees for this property. That number is exceeded with the existing 15 trees on site that would be retained. · Recommended that the Commission approve this application. · Said that the architect and property owners are here this evening. Planning Commission Minutes of May 23, 2006 Page 16 Commissioner Rocha presented the Site and Architectural Review Committee report as follows: · Site reviewed this project on May 9th and was generally supportive with three requests. · Explained that the first request was to incorporate the use of pavers or decorative stamped concrete for the driveway. · Suggested that the roof pitch be reduced from 6 and 12 to 5 and 12 to reduce massing. The proposed home is a maximum 24 feet where 28 is the maximum allowed for a two-story. · Said that the applicant prefers to retain their 6 and 12 pitch. · Stated that the third suggestion was the elimination and replacement of the proposed Queen Palm trees with another more appropriate species. Ms. Lynne Birch-Bryan, Project Architect: · Said that the staff report is complete and she is available for any questions. Commissioner Francois asked Ms. Lynne Birch-Bryan to discuss the roof pitch and the desire of the property owners to have a display shelf. Ms. Lynne Birch-Bryan said that this pitch offers a more distinctive architecture so it does not appear like a tract house but rather offers some individuality. She said that there are lots of other homes using this pitch and that it is actually broken up in this design. Commissioner Francois said he agrees that the articulation of the roof does break it up. Ms. Lynne Birch-Bryan said that there are multiple hips, an entry and bay window to help break up the appearance of massing. The higher roof portion will not be dominant. Commissioner Rocha said that he applauds the fact that this is a single-story home that fits in well in this area. He said he would defer the issue of the room to the rest of the Commissioners and pointed out that a black and white drawing doesn't necessarily depict the depth of the design. He said he is generally supportive. Chair Alderete opened the Public Hearing for Agenda Item NO.5. Commissioner Roseberry said that the roof jumped out at him when he looked at it but he does not want to belabor this issue. He asked staff if there is a difference in maximum roof heights allow for single versus two-story structures. Planner Melinda Denis replied no. The maximum height allowed is 28 feet for either. Commissioner Roseberry said that he agrees that a single-story home is better than a two-story but pointed out that this height is just four feet less than the maximum Planning Commission Minutes of May 23, 2006 Page 17 intended for a two-story structure. He said he agrees that this home will have character. Planner Melinda Denis said that a new rendering was provided. She added that this is a huge lot with the SCVWD located directly behind it. Commissioner Roseberry agreed that with SCVWD behind this home there would be no impact to the property behind so he would give up on the issue of roof pitch. Commissioner Ebner said he finds this design to be very refreshing and reminiscent of a Hawaiian Plantation style. He said the he also likes palm trees. This design is very inviting and attractive and he said he would love to go to a party there someday. Chair Alderete said he likes this house and project and finds it to be a good one. Chair Alderete closed the Public Hearing for Agenda Item No.5. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3724 approving a Site and Architectural Review Permit (PLN2006-22) to allow the construction of a new single- family residence on property owned by Marko and Bozana Duchich located at 855 Emory Avenue, by the following roll call vote: AYES: Alderete, Ebner, Francois, Rocha and Roseberry NOES: None ABSENT: Doorley and Gibbons ABSTAIN: None 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 Council has been working on the annual budget that includes the work programs for the next fiscal year and a new fee schedule. · Extended kudos to Senior Planner Jackie C. Young Lind for her work on the fee schedule. Fees are going up an average of 10 percent and are intended to more closely meet cost recovery. · Said that the Historic Design Guidelines also generate kudos for Senior Planner Jackie C. Young Lind. These guidelines offer no new regulations but simply serve as an educational tool that outlines existing rules. · Advised that there are three items on the next Planning agenda. Planning Commission Minutes of May 23, 2006 Page 18 Chair Alderete advised staff that the SARC reports are as good as they can get and thanked them for their work. He said he has questions and concerns about the proliferation of banner signs throughout the City that appear to become permanent signs. Commissioner Rocha agreed and asked about constraints on such signs especially in the Downtown. Director Sharon Fierro advised that the next phase of the Zoning Code Update would be coming before the Commission in June with the hopes of being ready for Council in August. Issues such as this can be raised during that review. Commissioner Ebner asked about flyers left on doorsteps and whether there is anything to be done to stop them from being distributed. Director Sharon Fierro replied no. This represents a freedom of speech issue. Commissioner Ebner said that this undesired material simply becomes trash that is found all over the street. ADJOURNMENT The Planning Commission meeting adjourned at 9:11 p.m. to the next Regular Planning Commission Meeting of June 13,2006. SUBMITTED BY: ~ APPROVED BY: ~~l/ BOD Alderete, Chair ~~cre~ ATTEST: