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PC Min - 01/09/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JANUARY 9,2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of January 9, 2007, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Rocha and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Michael Rocha Bob Roseberry Bob Alderete Mark Ebner Tom Francois Elizabeth Gibbons Commissioners Absent: Commissioner: George Doorley Staff Present: Community Development Director: Senior Planner: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind William Seligmann Corinne A. Shinn SPECIAL PRESENTATION TO 2006 PLANNING COMMISSION CHAIR Chair Rocha: . Expressed appreciation to outgoing Planning Commission Chair Bob Alderete for his service. . Stated that Chair Alderete served the City well over the year and serves as a true example of service. . Added that Chair Alderete spent time researching matters and was careful to give neighbors the opportunity to speak to issues. Commissioner Alderete thanked Chair Rocha and the Commissioners for the opportunity to serve as Chair during 2006. Campbell Planning Commission Minutes for January 9, 2007 Page 2 APPROVAL OF MINUTES Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission minutes of the meeting of December 12, 2006, were approved. (6-0-1; Commissioner Doorley was absent) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no Oral Requests. PUBLIC HEARINGS *** Chair Rocha read Agenda Item No. 1 into the record as follows: 1. PLN2006-121 (S) PLN2006- 122(TRP) Call, D. Public Hearing to consider the application of Mr. Daniel Call for a Site and Architectural Review Permit (PLN2006-121) to allow the construction of a new residence and a Tree Removal Permit (PLN2006-122) to allow the removal of seven trees on property owned by Mr. Daniel Call located at 1045 Hazel Avenue 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 Ms. Jackie C. Young Lind, Senior Planner, presented the staff report as follows: . Reported that the applicant is seeking Site and Architectural Review Permit approval for a new two-story single-family home with attached garage on a flag lot, to the rear of an existing residence. . Reminded that the Tentative Map approval required that any future residence for this flag lot obtain a Site and Architectural Review Permit. . Described the property as being zoned R-1-6 and within the San Tomas Area Neighborhood Plan. The lot is approximately 6,600 square feet. The proposed residence meets the criteria including coverage, FAR, height, parking and setbacks. This home is 3,300 square feet that includes a 400 square foot garage. The home features a Craftsman-style architecture and Campbell Planning Commission Minutes for January 9, 2007 Page 3 has representative features including simple rectangular shapes, hip and dorm roof, stucco, composition roofing. The proposed colors are earth tones. . Added that the ST ANP requires one tree for every 2,000 square feet, which results in a requirement for four on-site trees. The applicant is proposing to remove four walnut trees and one palm tree. . Advised that this project was reviewed by SARC on two separate occasions. Commissioner Roseberry presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project twice. At its first meeting, SARC made recommendations for changes. At the second meeting, most of those recommendations had been incorporated into the design. . Said that concerns were raised about a proposed balcony and that balcony was removed. . Added that SARC was concerned about the percentage of front yard paving and that has also been revised. . Said that concerns were raised about the windows on the front elevation and more compatible windows were proposed. . Concluded that SARC was supportive of this project as presented at the December 12th SARC meeting. Chair Rocha opened the Public Hearing for Agenda Item No.1. Mr. Don Call, Property Owner, 1045 Hazel Avenue: . Said that he likes this location and the feel of this property very much. . Added that he also likes his neighbors and has tried to listen to their ideas. . Reported that based upon concerns of Mr. Paul Boyer, they have no second story windows facing the Boyer home. Mr. Boyer asked that the fireplace be located at the other end of the house, which was done. He had concerns about the root system of any trees planted that might interfere with his fence and/or foundation in the future. . Assured that he is interested in working with Mr. Boyer on all those issues. . Said that the walnut trees offer beautiful coverage in the summer but as they are deciduous they do not offer screening year round. He added that they would be replaced with evergreen trees. . Said that his rear neighbors had concerns about fencing and that he would be working with them on that issue. . Advised that the neighbors on his other side have a similar style lot and will likely develop their lot in a similar manner in the future. . Agreed that great changes have been made to this project since the first review. . Thanked the Commission for its consideration. Commissioner Alderete questioned the grade differences between this parcel and the adjacent, which appears to be between three and four feet. Campbell Planning Commission Minutes for January 9, 2007 Page 4 Mr. Don Call agreed that this is correct. Commissioner Alderete pointed out that with the height of the side fence (approximately six feet) being on top of a three to four-foot high retaining wall, this equals approximately a nine to 10-foot height. Mr. Don Call: . Said it is probably more like nine-feet rather than 10. . Explained that the builder to the west wanted a slope on the property to go toward the street for drainage. . Advised that the fence did collapse and that he had shared the cost with the neighbor for replacement of the retaining wall and fence. . Said that the Boyer property has some high ground that then drops approximately six feet. The higher grade goes beyond that lot into the Boyer lot. Commissioner Alderete asked Mr. Don Call if the adjacent property is appropriately sloped so as not to drain onto his property. Mr. Don Call agreed that his property is the lowest property and that it is possible that some water drains onto his lot but that the oak in that location is used to that condition. Mr. Paul Boyer, Neighbor at 757 Ecker Court: . Explained that he is the neighbor to the west. . Said that about ~ of the fence line shared is equal. At the end of that fence line his property is lower than the Call property. . Advised that his backyard floods every year. Mr. Dan Call, Applicant, 1045 Hazel Avenue: . Said that he looks forward to working with his neighbors. . Assured that he would honor construction hours and will post contact information on site. . Informed that he is responsible for drainage of his property and that a grading and drainage plan is required that directs water to the street. . Stated that it is great to work with the City of Campbell. Mr. Gary Cummings, 1040 Hazelwood: . Said that his property is directly behind 1045 Hazel Avenue. . Asked that more trees be planted between the two properties. . Advised that the fence is done to their satisfaction. Chair Rocha closed the Public Hearing for Agenda Item No.1. Campbell Planning Commission Minutes for January 9, 2007 Page 5 Commissioner Alderete said that he wanted to be sure that water gets to the storm system. Commissioner Roseberry said that the grading and drainage plan that includes a leach line will ensure that occurs. Commissioner Alderete: . Said that he saw the grading plan but was concerned when he saw the site in person. . Added that while it looks like 10 trees will be reduced to eight, only four are required. This is with the removal of seven and addition of five new. He said that is great. . Suggested that the tree protection recommendations included in the arborist's report be incorporated into the conditions of approval for the Tree Removal Permit. Commissioner Francois asked Commissioner Alderete what specific part of the arborist's report he suggests adding. Commissioner Alderete pointed to page 3 that includes general recommendations, root care, etc. Commissioner Francois agreed that these recommendations are more detailed. Commissioner Gibbons: . Stated that this is one of the better arborist reports she has seen in a long time. . Suggested that staff look for that level of detail in future arborist reports. . Advised that she is disappointed at the placement of the building on this site in that when you look down the driveway from the street you look into the garage. . Added that this is an important consideration. Chair Rocha agreed that this was a good arborist report. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission took the following actions: . Adopted Resolution No. 3788 granting a Site and Architectural Review Permit (PLN2006-121) to allow the construction of a new residence; and . Adopted Resolution NO. 3789 Tree Removal Permit (PLN2006-122) to allow the removal of seven trees on property owned by Mr. Daniel Call located at 1045 Hazel Avenue, referencing the arborist report's Campbell Planning Commission Minutes for January 9, 2007 Page 6 recommendations for tree protection during construction into the Conditions of Approval; by the following roll call vote: AYES: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None NOES: ABSENT: ABSTAIN: Chair Rocha advised that this action is final unless appealed in 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: . Stated that there is a busy year ahead. . Added that the budget year is at the halfway mark and that preparation has begun for the next fiscal year's work program. . Said that she would be scheduling a number of Planning Commission Study Sessions including: . Streamside Protection Plan; . Historic Design Guidelines, . Development in Downtown, set for January 30th at 6:30 p.m., to discuss issues such as late hour permits, alcohol sales. The Downtown consists of residential neighborhoods, Historic Downtown, E. Campbell Avenue and Winchester before St. Lucy's. . Asked if the Commission was interested in all Downtown areas or prefers a more narrow focus? Chair Rocha said that the entire spectrum of issues for the Downtown could not be handled with one Study Session. Commissioner Gibbons said that the challenge is time. She added that staff should suggest priorities based on projects coming up. She suggested that an overall presentation be provided that shows the big picture and the relationship between the areas. Director Sharon Fierro agreed to provide an overview to be followed later by a segment by segment review, much like was done with the General Plan Update. Commissioner Gibbons pointed out that when the General Plan was redone it was also restructured. She suggested that the same format be used here. That includes developing a comprehensive vision; establishing goals that match the vision and developing strategies to meet those goals. Campbell Planning Commission Minutes for January 9, 2007 Page 7 Director Sharon Fierro pointed out that applicable strategies, goals and policies already exist in the General Plan and Downtown Development Plan. She said that the Downtown Committee looked at the East Campbell Avenue Master Plan and they want to know the Planning Commission's issues. Commissioner Gibbons said that the Planning Commission wanted to understand better what the ultimate outcome for Downtown is. This is an opportunity for substantive change. Chair Rocha said the concerns are how change, development and increased density will impact the surrounding area. He added that he does not want to go back to the wild 1980's of Downtown. He supported having an overview first and to focus on areas that have pending development. Director Sharon Fierro: . Said that it is necessary to adopt a policy on who attends the Planners Institute since there is a limited budget available. . Advised that the Bent appeal was denied by Council, without prejudice, and it is possible the applicant can process a revised plan without having to pay new fees or wait for one year before applying. Commissioner Francois said that the area near St. Lucy's should be looked at it is a viable area for residential or commercial development. He suggested considering north of RV Cloud. Commissioner Alderete: . Said he concurs and believes that high-density residential clustered near Light Rail is a good option. . Asked if it is feasible for code enforcement issues to be raised by staff rather than only through citizen complaints? This includes issues such as banner signs and garbage and trash storage. Director Sharon Fierro: . Said that it is possible for staff to identify enforcement issues and said that she does often as does Public Works Director Bob Kass. . Pointed out that there is only so much that one Code Enforcement Officer can handle. . Reported that the new Code Enforcement Officer will begin work on Tuesday, January 16th. She was the top candidate and comes from City of San Jose. . Reminded that there is a backlog of cases and it will take a while to catch up. . Added that members of the Commissioner are also citizens who can call in concerns. . Said that health and safety issues are handled first. Additionally, there is a due process that must be done. Campbell Planning Commission Minutes for January 9, 2007 Page 8 Commissioner Alderete said that he has a lot more thoughts on this issue of Code Enforcement and will follow up with Director Fierro. It is a matter of prioritization. ADJOURNMENT The Planning Commission meeting adjourned at 8:22 p.m. to the next Regular Planning Commission Meeting of_January 23,2007. SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: J / .:- /"/-/ /' / !d(.1iLlt/{ ~~o/~ Michael Rocha, Chair ATTEST: ~~ Sharon Fierro, Secretary