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PC Min - 09/12/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 12, 2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 12, 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 George Doorley Tom Francois Bob Roseberry Commissioners Absent: Commissioner: Commissioner: Mark Ebner Elizabeth Gibbons Staff Present: Community Development Director: Senior Planner: Associate Planner: Planning Intern: Recording Secretary: Sharon Fierro Jackie C. Young Lind Tim J. Haley Daniel Vanwie Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Roseberry, the Planning Commission minutes of August 22, 2006, were approved as submitted. (4-0-2-1; Commissioners Ebner and Gibbons were absent and Commissioner Rocha abstained) COMMUNICATIONS 1. Letter regarding Agenda Item No.1. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda Modifications or Postponements. Campbell Planning Commission Minutes for September 12,2006 Page 2 ORAL REQUESTS Ms. Jackie C. Young Lind, Senior Planner, made the following presentation: . Introduced Intern Daniel Vanwie, a student in the Master in Urban Planning Program at San Jose State University, who will be working two days per week through the semester. *** PUBLIC HEARINGS Chair Alderete read Agenda Item No. 1 into the record as follows: 1. PLN2006-86 Hamlin, J. Public Hearing to consider the application of Mr. John Hamlin for a Site and Architectural Review Permit (PLN2006-86) to allow a residential addition with an FAR over .45 in the San Tomas Area Neighborhood on property owned by Mr. John Hamlin located at 1550 Archer Court in an R-1-6 (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 Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking Site and Architectural Review Permit to allow an increase in FAR for a proposed addition to an existing residence. . Said that there is a limitation of .45 FAR but also a provision in the Code that allows for an addition to go up to .50 FAR and that is what is proposed here. . Described the subject lot as consisting of 6,098 square feet and zoned R-1-6. The proposed addition is a two-story addition to add bedrooms and a bathroom on a new second story. . Explained that the proposal complies with setbacks and other development standards except for the FAR. . Stated that staff is recommending minor modifications to the proposal requiring the continuation of the wall treatment all around the structure. Additionally, a deed restriction would be required for the wet bar area. . Reported that SARC reviewed this proposal but forwarded no recommendation. . Recommended that the Commission adopt a Resolution approving this application. Commissioner Doorley asked staff to clarify what requirements there are to allow a project to go up to .50 FAR. Does it require building along existing building lines? Does it include a second story? Campbell Planning Commission Minutes for September 12, 2006 Page 3 Planner Tim J. Haley said that it is intended for continuation along existing building lines. This proposal is not expanding the footprint by much. The applicant had to go up in order to meet setback requirements. The setbacks would not e met without the stepping back of the second story element. Commissioner Roseberry provided the Site and Architectural Review Committee report as follows: . SARC reviewed this proposal at its meeting of August 22nd. . Reported that SARC did not make a recommendation of yes or no. . Added that SARC wanted to be sure that this applicant had done outreach to his neighbors on his proposal. . Said that there was a lively dialog about the enclosed porch area. . Suggested that at the next Zoning Code Update, this issue of enclosed porch areas needs to be looked at carefully as that space is not currently counted against FAR. . Said that they had given advice to the applicant on how to bring this forward. . Reiterated that there is no up or down recommendation. Commissioner Francois asked if there had been any feedback to the noticing of neighbors. Planner Tim J. Haley explained that a 300-foot notice was sent out. Director Sharon Fierro pointed out that there is one letter that has been brought forward this evening. Commissioner Doorley asked if there have been any changes made to the plan reviewed by SARC since their meeting. Commissioner Roseberry replied no. He also pointed out that there is an inconsistent depiction of the windows in one portion of the home. Chair Alderete asked Commissioner Roseberry what specific update he is recommended to the Code on this issue of screened porches. Commissioner Roseberry said that this represents construction of a wall with roof overhead. It is just like a room although there is no conditioned air and would include screens instead of windows. He added that this is an issue to be looked at another day but right now such space is not counted in the FAR. Chair Alderete opened the Public Hearing for Agenda Item No.1. Ms. Joanne Fairbanks, 1565 W. Hacienda Avenue, Campbell: . Requested that this item either be rescheduled to allow the applicant to redesign his plan or that the Commission deny this second story addition. Campbell Planning Commission Minutes for September 12, 2006 Page 4 . Said that this is a single-family, single-story neighborhood zoned R-1-6 and located in the San Tomas Area Neighborhood. . Said that her reasons for opposition include the windows on the second story as well as the second story balcony and the privacy impacts. This loss of privacy reduces the enjoyment and comfort of the neighboring homes. . Said her goals are preserving the rights of this applicant to do an addition within the existing guidelines as well as preserving the current levels of privacy. . Added that a one-story plan could allow additional living space without the need for a second story. . Suggested that it is viable to have this project redesigned to meet the .45 FAR rather than the proposed .50 that is not in character with this neighborhood. . Pointed out that balconies are discouraged in the San Tomas Area Neighborhood Plan and recommended that this proposed balcony be removed. . Stated that this proposal does not aid in the harmonious development of this neighborhood. . Advised that she is willing to work with the applicant on a compromise design. Mr. Bill Topolski, 1545 W. Hacienda Avenue, Campbell: . Said that tonight is the first time he saw this plan. . Said that he has existing screening landscaping against a single-story home. . Added that while he has no problem with the other windows, he does have a concern about the screened window. . Stated that other than that the design is nice. . Said that the applicant should have the right to add to his house. Mr. John Hamlin, Applicant/Property Owner, 1550 Archer Court, Campbell: . Expressed his appreciation for his neighbors here this evening and said he appreciates their concerns. . Advised that he tried to design something with his neighbors in mind. . Said that the porch is just a screen porch, which is something his wife wanted as a little retreat. . Pointed out that there are a lot of second story homes in the area. . Said that his architectural design is pleasing to the neighborhood and will help increase property values. . Pointed out that but for the fact that he is trying to exceed the .45 FAR to .50, there would not even be any discussion tonight. Chair Alderete closed the Public Hearing for Agenda Item No.1. Commissioner Francois: . Said that privacy issues are always paramount and is the key issue that is usually raised. Campbell Planning Commission Minutes for September 12,2006 Page 5 . Said that he sees lots of second stories but only two in this immediate neighborhood. . Pointed out that while there are property rights that allow for a second story he has a problem with adding an extra five percent to the FAR to .50. Commissioner Doorley said that if this were a standard .45 FAR proposal the only issue would be to minimize the impacts of the second story windows. However, it is hard to overcome the hurdle to .50 without neighbor support. Commissioner Roseberry: . Agreed with Commissioner Doorley. . Said that land is scarce and valuable. . Stated that Mrs. Joanne Fairbanks put together a logical and clear statement. . Reminded that SARC was torn on this application. . Said he wished that there were more than just five Commissioners here this evening. . Said that the inclusion of the covered porch was a thorn in his side and he is still torn about that issue. Commissioner Francois reminded that at SARC Commissioner Roseberry said that this application is a slippery slope. If it is allowed, there will be more of this type of application. Said he too is torn with this project but is leaning to reducing the FAR to .45. Commissioner Rocha: . Said that if it were not in excess of the allowed .45 FAR, this project would not be before the Commission. . Agreed that Ms. Joanne Fairbanks did a good job with her letter in opposition. . Cautioned that the applicant is entitled to develop his property and that the neighbors may not be happy even at.45 FAR. . Said he is leading toward having this applicant go back to .45 FAR. Chair Alderete said that Mr. Hamlin is doing a good thing with this property and he does not want to discourage him. However, he is not in favor of a .50 FAR in this location given the other issues with the design. Commissioner Doorley suggested that the applicant be asked if he prefers a vote this evening or a continuance to allow changes to his plan. Mr. John Hamlin: . Said he did not want to postpone action on his application. . Added that he had not thought that this would create a snowball effect. . Pointed out that he does have one letter of support from another neighbor. Campbell Planning Commission Minutes for September 12,2006 Page 6 Commissioner Francois said he appreciates Mr. John Hamlin's concerns but that there are guidelines in place for a reason. If there was overwhelming support that he could consider this request to expand to .50 FAR. He reminded that there is an appeal process whereby Mr. Hamlin can appeal this Commission's action to Council. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3750 denying a Site and Architectural Review Permit (PLN2006-86) to allow a residential addition with an FAR over .45 in the San Tomas Area Neighborhood on property owned by Mr. John Hamlin located at 1550 Archer Court, by the following roll call vote: AYES: Alderete, Doorley, Francois Rocha and Roseberry NOES: None ABSENT: Ebner and Gibbons ABSTAIN: None Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. He added that he hopes Mr. John Hamlin is successful in coming up with a second story addition that is smaller. *** Chair Alderete read Agenda Item No.2 into the record as follows: 2. Staff Initiated Public Hearing to make the Finding that the Santa Clara Valley Water District Capital Improvement Plan is consistent with the City of Campbell's General Plan. Project Planner: Sharon Fierro, Community Development Director Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: . Explained that the Santa Clara Valley Water District operates under the same State Law that has the City of Campbell bringing its CIP and General Plan Updates to the Commission to verify compatibility with the City's General Plan. . Said that the SCVWD's Capital Improvement Plan will also include environmental work to be prepared by SCVWD. . Reported that according to City Engineer Michelle Quinney there are no significant impacts that result from the projects in the SCVWD CIP 06/07. . Recommended that the Planning Commission find the SCVWD's CIP 06/07 to be consistent with the City's General Plan. Campbell Planning Commission Minutes for September 12,2006 Page 7 Commissioner Roseberry asked about the plan to re-Iandscape the percolation pond. Director Sharon Fierro said that this project is funded already and that the City would be undertaking the construction of these improvements. Chair Alderete asked what changed in the pipeline rehabilitation project. Director Sharon Fierro explained that this multi-year project has been determined to not be as bad as originally thought. She pointed to a photograph on page 33 that demonstrates a large crack in the pipe as it compares to the man seen posing in the picture. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3751 making the finding that the Santa Clara Valley Water District Capital Improvement Program 2006-07 is consistent with the City of Campbell General Plan, by the following roll call vote: AYES: Alderete, Doorley, Francois Rocha and Roseberry NOES: None ABSENT: Ebner and Gibbons ABSTAIN: None *** MISCELLANEOUS Chair Alderete read Agenda Item NO.3 into the record as follows: 3. Staff Initiated Discussion of recreational and fitness uses in the Industrial Zoning District. Project Planner: Sharon Fierro, Community Development Director Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: . Stated that the issue of placing recreational and fitness uses in industrial zoning districts continues to come up. . Reported that another request has been received. . Said that the issue is the use of land in an industrial zoning for fitness use. . Said that staff wants clarification that recreation uses are not allowed in industrial zoning but fitness facilities could be considered. . Said that recreation uses are typically those that would bring children to the area. . Reminded that a previous use had children near an auto repair facility that operated with toxic chemicals. Campbell Planning Commission Minutes for September 12, 2006 Page 8 . Said that she is asking for guidance and direction and whether the Commission feels that an amendment to the Zoning Code on this issue should be considered in the future. . Added that such an amendment would make existing uses in place now non- conforming. . Said that she is bringing this issue forward due to concerns raised by the Commission in previous hearings. . Said that the goal is to limit uses that draw children into industrial areas. Commissioner Rocha: . Stated that this is a pet issue of his that is coming to be because retail rents are creeping upwards and health and fitness uses require lots of square footage. Industrial space is much cheaper than is retail space. . Said that he does not like to see these types of uses in light industrial zoning as it results in a reduction in available industrial tenant spaces. Additionally, it creates an additional burden on the industrial uses when children are nearby. Commissioner Roseberry: . Said that not all light industrial sites are created equal and that some buildings along the Los Gatos Creek Trial are more conducive to such uses such as an existing gymnastics facility. . Suggested developing a sub-category for industrial sites that border existing recreational uses such as the Los Gatos Creek Trail as being more compatible to such uses. Commissioner Doorley: . Said he would like to see greater clarity on standards. . Pointed out that some locations are dramatically under parked and that an appropriate parking ratio must be implemented. . Said that addressing toxic materials within close proximity to proposed recreational facilities must happen but he is neutral on the issue of fitness uses. Commissioner Francois said that complaints or concerns raised have generally been traffic and safety. Director Sharon Fierro said generally the hours are not in conflict for recreational/fitness uses with existing industrial uses on the same site. However, employees from the industrial uses are leaving when kids are arriving thus cause a safety concern. Chair Alderete agreed that the City has seen a lot of such applications and it is difficult to find exactly the right kind of building. Some of these uses require high ceilings such as gymnastics facilities. He said that he is in favor of Campbell Planning Commission Minutes for September 12,2006 Page 9 Commissioner Roseberry's suggestion to identify those industrial areas that can be set aside to allow these kinds of recreation/fitness facilities. Commissioner Rocha said that some buildings have more parking than others. For example, buildings along Dell Avenue tend to have ample parking and that parking may in fact be the trigger. Director Sharon Fierro: . Said that it appears that location criteria need to be developed and that recreation/fitness uses are not inappropriate in every circumstance. . Said that parking ratios and locations need to be identified. . Pointed out that some level of toxic exposure is unavoidable. . Thanked the Commission for its feedback. . Said that her Department would evaluate the issue further when the staffing shortage is resolved. . Assured that this matter would be brought back to the Commission at a later meeting. Commissioner Francois asked for an update on the progress on cleaning up the Straw Hat Pizza Parlor site. Director Sharon Fierro said that Planner Tim J. Haley is handling that matter and he has already left the meeting. She assured that she would check with Tim and provide an update to the Commission. *** 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 Council met on Monday, September 11,2006, and approved the Inclusionary Housing Ordinance. It will not apply to condo conversions. The second reading will be done at the next meeting and the Ordinance will take effect 60 days later or on December 2, 2006. Advised that there are a number of projects in the mill and there may be one or two ready to vest its rights without requiring Inclusionary Housing units. . Said that the Moratorium on Reader board Signs was rescinded by Council. . Said that Kirk Heinrichs has a prepared an update report on the six-month status of the Economic Development Committee. . Reported that the Parks and Recreation Commission forwarded a recommendation to Council to allow guided Segway tours on the Creek Trail. This use was approved for a limited time to evaluate their impact of these tours on the use of the Trail. . Said that the next Planning Commission agenda includes two items, the Reinstatement of the Creekside Project and a town home project on Bucknall. Campbell Planning Commission Minutes for September 12, 2006 Page 10 . Reminded that mandatory ethics training would be held on November 16th and will be taught by City Attorney William Seligman who has been certified to provide this training by the State. Commissioner Rocha asked about the Ultra Lounge that is proposed for the former Gaslighter Theatre site. Director Sharon Fierro said that she has assumed responsibility for this project and it will be taken to SARC on September 26th and to the Planning Commission on October 10th. The Historic Preservation Board also reviewed this and had recommendations. ADJOURNMENT The Planning Commission meeting adjourned at 8:50 p.m. to the next Regular Planning Commission Meeting of September 26, 2006. fJ .~.'~' SUBMITTED BY: L..o6~~ Corinne A. Shinn, Recording Secretary APPROVED BY: ~~~ Bo Alderete, Chair --- ATTEST: dtf/Wn '--~ 'Sharon Fierro, Secretary