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PC Min 09/09/2003CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 9, 2003 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 9, 2003, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Hemandez and the following proceedings were had, to wit:. ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Joseph D. Hernandez George Doorley Bob Alderete Tom Francois Elizabeth Gibbons Michael Rocha Bob Roseberry Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Geoff I. Bradley Melinda Denis William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Francois, the Planning Commission minutes of August 12, 2003, were approved as submitted. (5-0-0-2; Commissioner Gibbons and Commissioner Roseberry abstained) COMMUNICATIONS There were no Communications Items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no Modifications or Postponements. ORAL REQUESTS There were no Oral Requests. Planning Commission Minutes of September 9, 2003 Page 2 PUBLIC HEARING Chair Hernandez read Agenda Item No. 1 into the record. PLN2003-93 Melik- Karamov Public Hearing to consider the application of Mr. Vadim Melik-Karamov, on behalf of Yuri and Marina Agabekov, for a Conditional Use Permit (PLN2003-93) to allow an addition to an existing residence on property owned by Yufi and Marina Agabekov located at 1215 Bracebridge Court 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 L 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 a 466 square foot addition to an existing two-story single-family residence in the San Tomas Neighborhood. · Said that additions are proposed for both the first and second floor for a total of 466 square feet. Siding would be added to one side of the home to match the siding on the other side. New windows would be consistent with existing. · Described the Zoning as Planned Development. This addition is consistent with the Zoning designation with the approval of a Conditional Use Permit. Stated that this project is also consistent with the San Tomas Area Neighborhood Plan. It is well designed and compatible and meets the minimum R-l-6 standards. Recommended approval of a Conditional Use Permit to allow a 466 square foot addition to an existing single family residence with conditions of approval. Clarified that the staff report states a total of 446 new square feet while the correct figure is 466. Chair Hernandez asked staff for the minimum sideyard setback. Planner Melinda Denis replied five feet, five inches. Commissioner Doorley presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on August 27, 2003, and was supportive as proposed. Chair Hernandez opened the Public Hearing for Agenda Item No. 1. Mr. Randall Krause, 1202 Bracebridge Court, Campbell: · Advised that he has concerns and objections to this proposal as the CC&Rs are not being taken into consideration. These CC&Rs require a 51 percent approval from the Neighborhood Governing Committee. · Said he does not object to the matching of the faqade to the adjacent structure as this element has been out of compliance with the CC&Rs, though not through the fault of the current owners. Said that five other units in the development have been similarly developed but with a uniform style. This proposal violates that style, adding that if they were to build two small Planning Commission Minutes of September 9, 2003 Page 3 rooms over the garage, they should comply with existing standards for this uniform community. · Added that his main objection is to the first floor addition, which is not harmonious as it violates key conditions of the CC&Rs. Per those CC&Rs owners cannot modify rooflines. · Stated that he is concerned about the size as their cul de sac is already crowded. · Questioned how many people and vehicles might be affiliated with such a large residence as there are already six automobiles at this residence that crowd the street. · Restated his belief that the Commission should not approve this request as it does not take the architectural style of the neighborhood into account and this addition is in violation of the approved CC&Rs. · Expressed his opposition. Chair Hernandez asked Mr. Krause if the Homeowners Association's Architectural Review Committee reviewed the plans for additions to the other homes in the neighborhood. Mr. Randall Krause replied that these were done prior to his arrival in the neighborhood so he does not know for certain. He advised that the Architectural Committee was formed by the developers. Chair Hernandez asked whether the applicant approached the Homeowners Association. Mr. Randall Krause replied not to his knowledge. Commissioner Gibbons asked how active the HOA is and whether meetings were ever held. Mr. Randall Krause admitted that the HOA was not active. Commissioner Gibbons asked the City Attorney to explain the relationship between City Zoning regulations and CC&Rs. City Attorney William Seligmann advised that the Planning Commission's charge is to apply the City's Zoning and General Plan regulations when considering a project. The regulation of the CC&Rs is between the property owners and Homeowners Association. While the Commission can take the CC&Rs into consideration, the CC&Rs are not binding on the Planning Commission. Chair Hemandez asked how they are considered by staff. City Attorney William Seligmann replied that the same rules apply to staff as to the Commission. Commissioner Gibbons asked Mr. Randall Krause if there are any other members of the Association present this evening. Mr. Randall Krause replied that there are other neighbors present this evening. Mr. Eric Kuehne, 1204 Bracebridge Court, Campbell: · Stated that he shares the same view as Mr. Krause. Planning Commission Minutes of September 9, 2003 Page 4 · Said he does not object to the second floor addition and agreed that the siding mismatch tight now is hideous. · Shared the concerns and opposition over the proposed alteration to the roofline. · Questioned how many people would end up living in this house as there are already cars parked on the street for long periods. · Added that his biggest concern was the downstairs addition. Mr. Vadim Malik-Karamov, Project Designer & Applicant: · Advised that on staff's suggestion, they spoke with the neighbors on either side of this home and they took measures with their design to ensure the privacy of the adjacent neighbors. Commissioner Gibbons asked Mr. Vadim Malik-Karamov if they were aware of the CC&Rs and its Architectural Review Committee. Mr. Vadim Malik-Karamov said he just spoke with City staff. Commissioner Doorley asked if the HOA is function to his knowledge. Mr. Vadim Malik-Karamov replied that he has had no contact with the HOA and reminded that at staff's instruction he spoke with the adjacent neighbors on either side about this addition. Commissioner Doorley asked if there are any HOA newsletters or other means of communication. Senior Planner Geoff I. Bradley clarified that Mr. Vadim Malik-Karamov is the designer and not the property owner. Chair Hernandez closed the Public Hearing for Agenda Item No. 1. Commissioner Alderete questioned staff about the apparent function for the HOA for this project. Director Sharon Fierro replied it appears to be architectural control in this instance. Added that similar CC&Rs are proposed by the developers of the Rolling Hills site to resttict additions to the homes. There are no regular meetings for this type of HOA since there are no funds collected and no common land to manage. Commissioner Alderete asked whether Bracebridge is a public street. Director Sharon Fierro replied yes. Commissioner Gibbons pointed out that despite the concerns expressed about the first floor addition, this addition would not be obvious from the frontage due to the pie angle of the lot. Commissioner Alderete: · Said that it sounds like the HOA has a provision but just does not use the provision, as the HOA has not organized. · Said this will probably serve as a learning situation for the HOA. Planning Commission Minutes of September 9, 2003 Page 5 · Reminded that the Commission does not have the authority to enforce the CC&Rs and its architectural guideline but rather must go with the requirements under the San Tomas Area Neighborhood Plan. · Stated that this proposal looks fine and that he is supportive of it. o · Added that he can sympathize with the parking concerns of a Planned Development as he too lives in one. · Suggested that since this is a publicly owned street, the property owners must deal with the City on parking concerns. Commissioner Rocha: · Said that the lesson learned from this situation is that the HOA should get together to form its architectural committee and begin meeting regularly to catch such projects early on. · Reminded that the Commission is not here to enforce CC&Rs. · Stated that the project is acceptable as presented. Commissioner Doorley concurred but added that the applicant may wish to consider complying with the CC&Rs. Said he can support this project they have in front of them. Chair Hernandez restated that the Commission does not have to consider CC&Rs but can do so. Reminded that SARC also considers neighborhood compatibility during their review of a project. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3523 approving a Conditional Use Permit (PLN2003-93) to allow a 466 square foot addition to an existing residence on property owned by Yuri and Marina Agabekov located at 1215 Bracebridge Court and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Hernandez reminded that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. Chair Hernandez read Agenda Item No. 2 into the record. Planning Commission Minutes of September 9, 2003 Page 6 2. PLN2003-76 Chapman, C. Public Heating to consider the application of Mr. Charles Chapman for a Site and Architectural Review Permit (PLN2003-76) to allow an addition and remodel of an existing shop and single-family residence on property owned by Charles and Gloria Chapman located at 1285 Westmont Avenue in an R-l-6 (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: Tim J. Haley, Associate Planner Chair Hernandez advised that this item is proposed to be continued to the October 14th meeting. Chair Hernandez opened the Public Hearing for Agenda Item No. 1. Ms. Meg Stein, Representative of the San Tomas Neighborhood Association: · Said that she drove by the site and does not feel this addition meets the guidelines of the San Tomas Area Neighborhood Plan. · Recommended that it not be approved. Commissioner Alderete asked Ms. Meg Stein why she feels it is not consistent. Ms. Meg Stein replied that it does not architecturally fit into the neighborhood and added that the neighbors do not want to see it completed in this manner. Director Sharon Fierro advised that the staff report this evening is abbreviated since it was for a continuance but that the report for the next heating on this item would be comprehensive. Ms. Lucy Lukashin, 967 Jonathan Court, Campbell: · Informed that as a result of this new construction on her neighbor's property, which overlooks her yard and is visible from virtually each room of her home, she no longer has the privacy to swim comfortably in her backyard swimming pool. Added that she needs a private space in her yard to meditate and no longer has that privacy with windows overlooking her yard. Called this addition a disaster. Questioned when the offending addition would be gone. Chair Hernandez advised that the applicant has asked for a continuance but that this proposal would be heard in October. Commissioner Gibbons advised that when something is already physically in place, it takes longer to correct. Assured Ms. Lukashin that this item would be back before the Commission on October 14th and that this is the process by which to achieve resolution. Ms. Lucy Lukashin informed the Commission that another neighbor is trying to sell his home following the death of his wife. This situation hurts his chances and costs him in property value. Planning Commission Minutes of September 9, 2003 Page 7 Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Doorley, the Planning Commission continued consideration of a Site and Architectural Review Permit (PLN2003-76) to allow an addition and remodel of an existing shop and single-family residence on property owned by Charles and Gloria Chapman located at 1285 Westmont Avenue, to the Planning Commission meeting of October 14, 2003, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None 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 took second reading for the project at 636 W. Sunnyoaks Avenue. · Announced that the Historic Preservation Board has been awarded a Governor's Award for the second time for its Walking Tour Brochures I and II. The Board will be presented with their award at a future reception. · Announced that the Community Development Department has been awarded a Downtown Rebound Grant, one of 10 communities to receive this funding from the State. These funds will assist in the preparation of the Zoning Code Update. · Asked the Commissioners to keep the date of November 20th open for the Annual Commissioners Dinner to be held at Villa Ragusa with details to follow. · Advised that the City has received grant money generated from Measure B funds and awarded by the Water District for two projects in Campbell. The first project is the Percolation Pond Project, for which a design has been prepared and approved but had been unfunded. The second project is a trail along San Tomas Creek, for which plans must be developed. · Added that this meeting tonight will adjourn to a Study Session immediately following in the Alcove. ADJOURNMENT The Planning Commission meeting adjourned at 8:15 p.m. to a Study Session immediately thereafter and subsequently will adjourn to the next regular Planning Commission meeting on September 23, 2003, in Council Chambers, City Hall, 70 North First Street, Campbell, California, at 7:30 p.m.//~ ~ ~~2~ ~ SUBMITTED BY: ( ~ ~oofinnenn~A-.i ifini'R~ ~n Secretary APPROVED BY: Q____ j~ &~ Joseph Hernandez) ~a~r_....~/ ATTEST: ~~-r~~~'~' '~aron Fierro, Secretary