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PC Min - 09/25/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 25, 2007 , CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 25, 2007, was called to order at 7:39 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: Michael Rocha Bob Roseberry Bob Alderete George Doorley Elizabeth Gibbons Commissioners Absent: Commissioner: Mark Ebner Staff Present: Acting Director: Planner II: Planner I: City Attorney: Recording Secretary: Jackie C. Young Lind Kimberly Brosseau Steve Prosser William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of September 11, 2007, were approved. (5-0-1-1; Commissioner Ebner was absent and Commissioner Roseberry abstained) COMMUNICATIONS 1. Desk items for Agenda Item NO.1 (3 attachments) 2. Desk items for Agenda Item NO.2 (2 attachments) 3. Desk items for Agenda Item NO.3 (1 attachment) Campbell Planning Commission Minutes for September 25, 2007 Page 2 ORAL REQUESTS There were no oral requests. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. PUBLIC HEARINGS *** Chair Rocha read Agenda Item No. 1 into the record as follows: 1. PLN2007 -65 (ZC) PLN2007 -66 (PO) PLN2007 -67 (PM) PLN2007 -68 (TRP) Liu, O. Public Hearing to consider the application of Mr. Dennis Liu for a Zone Change (PLN2007-65) from R-D-S (Two Family District) to P-D (Planned Development); a Planned Development Permit (PLN2007 -66) to allow the construction of four small lot detached single-family residences; a Tentative Parcel Map (PLN2007-67) to create four residential lots and one common lot; and a Tree Removal Permit (PLN2007-68) to remove one 54- inch diameter coast live oak tree on property owned by Mr. Dennis Liu located at 1161 Virginia Avenue in an R-D-S (Residential/Two Family) Zoning District. A Mitigated Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: October 16, 2007. Project Planner: Steve Prosser, Planner I Mr. Steve Prosser, Planner I, presented the staff report as follows: · Advised that the applicant is seeking approval of a Zoning Classification Change from R-D-S to P-D, a Planned Development Permit to allow the construction of four detached single-family residences; a Parcel Map to create four residential lots and one common lot and a Tree Removal Permit to remove one 54-inch diameter oak tree. · Said that the site is currently developed with a single-family residence and detached garage, which would be demolished. · Stated that the project site is surrounded by residential uses on all sides. The property is within the San Tomas Area Neighborhood Plan (STANP) area and consists of a 22,000 square foot lot. With a required 1,100 square foot dedication, the useable parcel is 18,700 square feet. · Described the proposed coverage as being 34 percent building, 24 percent paving and 42 percent landscaping. · Reported that the P-D Zoning gives more flexibility to allow development that is more consistent with the area. · Explained that changing the Zoning Classification from R-D to P-D does not change the allowed density but does allow individual ownership. Campbell Planning Commission Minutes for September 25, 2007 Page 3 . Said that currently duplexes are allowed and two duplexes with a total of four units could be constructed on this parcel. If duplexes were to be constructed they could be located closer to the adjacent properties. · Stated that the proposed development incorporates the ST ANP design guidelines. The two front units have garages located at the rear. Trees and landscaping are proposed totaling 42 percent of the area. One tree (oak) would be removed and another (redwood) would be preserved. Replacement trees would be 24-inch box redwood and oak trees. · Described the parking requirement as 3.5 per unit. The site proposes 12 spaces, eight of them covered and four uncovered, which is two spaces less than the parking requirement. · Reported that SARC reviewed this project and responses to concerns were covered in the staff report. . Advised that an Initial Study was prepared and a Mitigated Negative Declaration is proposed. . Recommended the adoption of five resolutions recommending that Council approve a Mitigated Negative Declaration, a Zoning Classification Change; a Planned Development Permit; a Tentative Parcel Map and a Tree Removal Permit. Commissioner Gibbons asked if there is no FAR standard for P-D Zoning if the underlying zoning and STANP dictates the FAR. Planner Steve Prosser said that the STANP does not address Multi-Family Zoning. As proposed the front units are developed at .76 FAR and the rear units are developed at .73 FAR. He added that there is no minimum lot size in the P-D Zoning District. What is proposed does exceed the .45 allowed under R-1-6 Zoning. Commissioner Gibbons asked for clarification about the parking adjustment requested. Planner Steve Prosser said that 3.5 spaces are required for multi-family developments and the applicant is proposing 3 spaces per unit. He added that staff finds this project to be more consistent with single-family and supports the elimination of visitor parking as there is available on-street parking. This would be consistent with other single- family development. Commissioner Gibbons asked for clarification that a flag lot with a duplex on each parcel would be possible. Planner Steve Prosser said correct. Commissioner Gibbons asked why this is zoned R-D. Planner Steve Prosser said that it is a two-family zoning designation. There are five to six R-D parcels in the area surrounded by single-family residences. Chair Rocha asked if the arborist who reviewed the oak tree is paid by the applicant but reports to the City. Does someone from the City review the arborists report? Campbell Planning Commission Minutes for September 25, 2007 Page 4 Planner Steve Prosser replied no. He said that the applicant hires and pays for the arborist report. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal at its meeting of September 11, 2007. . The following concerns were raised: o Whether it was necessary to remove the 54-inch oak tree. o The fact that the parking did not meeting the 3.5 space requirement per unit. o Privacy impacts on surrounding neighbors. o That the applicant continues neighbor outreach. o That the two-dimensional elevation did not articulate the front elevations that well. Chair Rocha opened the Public Hearing for Agenda Item No.1. Mr. Michael Ma, Project Architect: . Introduced his client, Dennis Liu. . Explained that they have been working on this project since January and with the Planning staff since about June. Many changes have been made to the proposal. . Assured that they have tried to design a project that makes the site interesting and maintains the character of the neighborhood. . Reported that they are proposing four homes using setbacks that meet or exceed minimums and some are more than single-family requirements. They are proposing to use varied materials so as not to appear like tract homes. Two homes are facing the street and the rear units face a courtyard. . Stated that interlocking pavers would be used instead of concrete or asphalt. . Advised that his client has approached neighbors both individually and as a group. . Said that the open space includes private rear yards. . Added that parking exceeds the requirement for single-family but is two spaces short for town home standards. Commissioner Alderete asked how many trees they intend to plant. Originally the proposal was for four. Staff asked for an additional four. They offered two more for a total of 10. Mr. Michael Ma said that there are a total of eight on the plan plus other shrubs and low landscaping. Mr. Dennis Liu said that since staff is recommend 10 they are willing to add two additional trees to total 1 O. Commissioner Alderete asked Mr. Dennis Liu if his arborist is present tonight as he feels there are discrepancies in the report. At the SARC meeting it was said to be in good health and standing. In the arborist report the tree is listed as okay but poorly Campbell Planning Commission Minutes for September 25, 2007 Page 5 maintained over time. Also the size of this tree varies between the staff report and the arborist report. Mr. Dennis Liu said that the arborist visited the site and measured the tree. The arborist report is more accurate. The report says that the tree is in good health but was not correctly pruned. The tree is more lateral than horizontal, which allows limbs to fall. Commissioner Alderete asked if the applicant is willing to incorporate changes to mitigate privacy concerns. Mr. Dennis Liu said that he hopes to receive input from the neighbors tonight. Chair Rocha asked about the feasibility of using wire to help maintain the integrity of the tree. Has it been considered to have this tree stay? Mr. Dennis Liu said that he was originally interested in saving this tree but the arborist report said that cabling would not make this tree safer. Mr. S. Metanovic for his father Mr. Mujo Metanovic, Resident on Torero Plaza: . Said that their property is located right behind this site. . Advised that they have a pool and like their privacy. They don't want to have windows facing their pool. . Stated that the tree looks like it is great health. It is huge. . Pointed out that there are two schools on this street, Capri and Hazelwood. . Added that parking is heavy on the street. · Said that he is not against development of property but not four two-story homes. . Said that construction noise and dust will be hell for a while. . Asked that these concerns be taken into consideration. Mr. Richard Fernandes, Resident on La Plata Plaza: · Stated his concurrence with the previous speaker's comments. . Said that he would like to see the oak tree spared. . Advised that he is a 33 year resident and that tree is just as fine now as it was then. This heritage tree should be saved. If not, it should be replanted with 10 to 12 trees, none of which should be pear trees but something that will stay for generations. Mr. Hank Swobe, Resident on Fairlands Avenue: . Said that he purchased his home 14 years ago because he liked the charm and layout of the neighborhood. Homes were not on top of each other. · Added that now developers build as many homes as they can on one lot. · Said that he is strongly opposed to the Zone Change to P-D due to the impacts on the surrounding community including traffic. · Stated that four more homes here would add to backups, will increase noise and pollution. Campbell Planning Commission Minutes for September 25, 2007 Page 6 . Said that parking is a premium. Ms. Dawn Isis, Resident on La Plata Plaza: . Said that she just found out about this project. . Added that she saw the lot and tree this weekend. . Stated that she can't see four homes on this lot. . Added that four two-story homes would be out of character with this neighborhood that consists mostly of single-story homes. . Suggested that they developer construct just three homes and retain the oak tree. . Questioned the ability to accommodate 10 to 12 new trees on this property. · Stressed that she is opposed to this proposal but rather believes the site could accommodate two homes or a duplex. She added that she cannot see two duplexes on this property. Mr. Wes Suyenaga, Resident on Virginia Avenue: . Said that he lives next door to the project site. . Expressed his agreement with the previous speakers. . Said that the City has changed over the years since his family moved here in 1967. They have seen the area go from all orchards to all houses. . Reported that he used to be able to get in and out of his driveway easily but now every morning there is no way out unless someone stops to let him into traffic. . Advised that he is a contractor. . Said that Unit A-2 would face his home with four windows overlooking his property. . Expressed concern that in the future there might be a trailer or motor home parked in this 15-foot setback. . Said that his parents are 82 and 86 years old and in frail health. . Said that while you cannot stop progress his is concerned about the stresses of construction on his parents. . Recounted that he grew up with the original owners. . Said that he just wants a few considerations to be taken and that neighbors' concerns are honored. Chair Rocha informed Mr. Wes Suyenaga that there would be a homeowner's association for this project that would have CC&Rs, which do not usually allow for outside storage. Mr. Wes Suyenaga asked if there are specified hours and days that construction is allowed. Chair Rocha replied yes. Ms. Katie Exum, Resident on Torero Plaza: . Said that she lives right behind this site and has since 1967. . Expressed concurrence with the comments made by previous speakers. . Pointed out that this oak tree has gone through earthquakes and all sorts of weather. Campbell Planning Commission Minutes for September 25, 2007 Page 7 . Advised that she is a landscape contractor. . Said that she would like to see a second arborist report prepared. . Stated that this proposed building would be "right on top of us." . Requested that windows overlooking adjacent properties be higher up to retain the privacy of neighbors. . Said that she could see two homes on this site but not four. These are essentially condominiums. Ms. Andrea Ammerman, Resident on Fairlands Avenue: . Stated her agreement with the comments of previous speakers. · Said that recently the curbs at Hacienda and Virginia were painted red because of parking issues. There was a safety issue in regards to trying to make left turns off Fairlands onto Virginia. . Stressed that the issue of parking needs to be taken into consideration. · Pointed out that there are other homes in this area with large lot sizes. It is a "slippery slope we're going down." · Said that she did not feel that this project is consistent and/or compatible with their neighborhood but rather is inconsistent and incompatible. Ms. Dawn Isis, Resident on La Plata Plaza: · Pointed out that Hacienda is a much wider street than is Virginia. . Asked if this lot is bigger than adjacent lots. Chair Rocha replied that it is a double lot. Ms. Dawn Isis asked what if other lots want to develop. Chair Rocha said that each application is evaluated on its merits. Mr. Dennis Liu, Applicant: . Assured that CC&Rs will prohibit parking trailers in the setbacks. . Said that as for privacy issues, Italian Cypress could be used to block views and serve as a screening hedge at a 10 to 15 foot height. · Said that he could change certain windows to smaller sizes but a minimum size is required to allow emergency egress. Mr. Michael Ma, Project Architect: . Reminded that current zoning allows two duplex units, which are multi-tenant units. They cause parking problems because the parking standard is less. . Said that he understands the neighbors' concerns. He doesn't like to replace a mature tree unless necessary. · Added that they are proposing eight oak trees to replace the one being removed. . Said that the tree is healthy but hazardous. · Advised that they had discussed constructing three houses to keep the oak tree. However, this proposal is the best compromise. Campbell Planning Commission Minutes for September 25, 2007 Page 8 Commissioner Alderete said that it appears that having two-story homes is the main concern of neighbors. He stated that the applicant has tried to mitigate this concern by placement of windows and they appear amiable to do more regarding window placement. Mr. Michael Ma, Project Architect: · Said that they are willing to consider changes in size or orientation of windows to help mitigate privacy concerns. · Cautioned that there are minimum requirements for egress and sunlight requirements. · Said that landscaping and orientation of windows should help make this work. Ms. Melanie Fishbin, Resident on Virginia Avenue: · Said that there are five duplexes near this site that are owner-occupied. · Stated that it is important to have another arborist report done. · Questioned how 10 new oak trees could fit on this property. Commissioner Gibbons asked if these duplexes are located on Virginia. Ms. Melanie Fishbin replied yes. Mr. S. Metanovic, Resident on Torero Plaza, stressed that his backyard would have a view of this building. Chair Rocha closed the Public Hearing for Agenda Item NO.1. Commissioner Alderete asked about the process for arborist reports. Planner Steve Prosser said that the Commission could condition an additional arborist report. Commissioner Alderete said he wanted to understand the current requirement for a report from a licensed arborist. Planner Steve Prosser said that an arborist report is required to be prepared by a licensed arborist for any tree removal request for oaks, redwoods, cedars and ash trees. Chair Rocha said that a tree of this age and heritage requires careful review. He suggested that an arborist is likely inclined to provide his client with a result that they are seeking. He suggested that the City contract with the arborist at the applicant's cost and have the arborist provide the report directly to the City. Commissioner Doorley: · Stated that he used to have "heartburn" on the issue of flag lot development. Now instead of flag lots there are quad lots being proposed. Campbell Planning Commission Minutes for September 25, 2007 . Page 9 . Said that it is not realistic to think that a developer would put in two duplexes on this lot. . Pointed out that he has not seen an application for a duplex in the seven years he has served on this Commission. Duplexes do not represent desirable housing today. . Said that this development has parking issues and tree preservation issues, which indicate that it is just over built. It does not seem reasonable to him. . Said that it is not this Commission's objective to make four lots work here. . Reminded that the underlying issue is that the standard for a Planned Development is that it would result in a better project as a P-D than under the current zoning. Commissioner Roseberry: . Said that valid issues have been raised. . Advised those in attendance that the Commissioners are all from Campbell and live in homes just like they do. . Said that everyone sees new construction going up around them as Campbell is a growing city because people want to live here. . Reminded that there is a housing demand for single-family residences. One does not see many duplexes being constructed because that is not what is desirable. . Said that not everyone that comes before the Commission is pleased with what is decided. . Agreed that most do not want to see a big house constructed adjacent to their home. . Pointed out that the applicant has put effort forward to keep the redwood tree and put in eight new oak trees. . Stated that the large oak tree has been poorly pruned. A huge branch on one of his neighbor's tree fell off recently. This potential represents a liability to the owner. . Said that this arborist is not out at left field here. One can see his point based on the photograph provided. . Added his belief that this tree will be a liability in the future. . Said that this owner and architect have done a great job with the layout and landscaping of this proposed development. . Advised that he lives nearby and drives through this neighborhood frequently. . Said that the site could get four housing units. . Stated that he would be supportive of this project. Commissioner Gibbons asked about the tree requirement for new homes in the San Tomas Area. Planner Steve Prosser advised that the requirement in the STANP is one tree for every 2,000 square feet of lot size. Commissioner Gibbons pointed out that the plan does not show that. Planner Steve Prosser agreed and said that issue was raised at SARC. Campbell Planning Commission Minutes for September 25, 2007 Page 10 Commissioner Gibbons asked if that means eight more trees are required. Planner Steve Prosser said that with four replacement trees the total tree requirement for this development is 10 trees. Commissioner Gibbons asked if six are currently missing. Planner Steve Prosser replied yes. Commissioner Gibbons said it appears in the staff report that grade changes will raise the rear portion of this parcel by 12 inches. Planner Steve Prosser clarified that the increase is less than six inches. Acting Director Jackie C. Young Lind said that the Civil Engineering Plan reads six inches while the staff report reads less than 12 inches. Commissioner Gibbons asked if this project represents the fourth zone change of this year. Planner Steve Prosser replied that there is no limit on the number of Zone Change applications that can be processed in a year. Commissioner Gibbons asked if the standard construction conditions are included in the conditions of approval. Planner Steve Prosser replied yes. Commissioner Gibbons asked for some clarification on setback requirements as they differ for a planned development versus for a residential zoning. She questioned the 15 fooU20 foot setbacks proposed. Planner Steve Prosser explained that the minimum setback for residences in PD zoning in the STANP area equals 15 feet. Commissioner Gibbons clarified that a typical residential project has a minimum 20 foot front setback with a 25-foot setback for the garage. Planner Steve Prosser said that is correct. Commissioner Gibbons asked about the proposed 20-foot wide driveway where 15 feet is the typical requirement for a driveway. Planner Steve Prosser said that the 20 foot requirement is a STANP standard. Commissioner Gibbons said that a flag usually requires a 15 foot setback. Campbell Planning Commission Minutes for September 25, 2007 Page 11 Planner Steve Prosser cautioned that this is not a flag lot development. Commissioner Gibbons: . Said that she will concur with Commissioner Doorley for a lot of reasons including driveway, paving I the proximity to street, red paint on curbs nearby, lack of parking, lack of street frontage, setbacks and a development type that is not appropriate for this area. . Stated that this is a great project but the issue is where it is proposed and how it is placed. . Advised that she would not be supportive of this proposal. Commissioner Alderete: . Stated that he does support this project. It is a good project with a good design. . Added that this is a good location for this project. . Reminded that the applicant has been asked to make a lot of changes to his application. . Said that the project meets requirements. . Stated that these types of homes are what people are allowed to building on these properties. . Pointed out that it all starts somewhere. . Said that while it is a shame to lose this tree all trees have a life that comes to an end some day. This tree has probably had between 80 and 100 years of life. . Added that the opportunity to refresh that resource in this neighborhood with 14 trees is a great opportunity. . Stated that a number of folks spoke against this project for good reasons. When a two-story goes up against an adjacent property it causes concern. . Reminded that a desk item was distributed that included a petition in support of this development. A petition was included in the packet that was against this project. He added that he can see approximately four people's signatures that appear on both petitions. . Stated that when people own property and proposed to build to requirements, he will be supportive. Chair Rocha: . Stated that he is in a unique situation tonight to break a tie vote. . Thanked all people in the audience for attending this hearing including the applicant and project architect. . Reported that he lived in this particular neighborhood between 1978 and 1999 as both a renter and a property owner so he has a familiarity with this neighborhood. . Added that the San Tomas Area is a unique niche in this community with its own design guidelines. This development is similar to three projects that were recently constructed on his street, Sunnyside Avenue. . Said that the San Tomas Area, however, is mostly single-story residences. . Stated that the flavor of a neighborhood should be preserved. . Said that adding back the two spaces that are short on this development site would require the loss of the redwood tree. Campbell Planning Commission Minutes for September 25, 2007 Page 12 . Agreed that he too would like to see the oak tree retained. · Said that on the issue of privacy, the applicant has demonstrated a willingness to work with the surrounding residents. · Announced that he would not be supporting this project but that the applicant still has the opportunity to go on to Council and obtain approval since the Planning Commission's action this evening is not final. Commissioner Gibbons asked for assistance with the findings for all five motions in order to make them in the negative rather than in support. City Attorney William Seligmann said that a motion for denial of the Zoning Classification Change should state that this project would not result in a more desirable development. The Commission could then move to deny the rest of the application based on incompatibility with the R-D Zoning District. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Alderete, the Planning Commission voted to take the following actions: . Adopt a Resolution recommending that the City Council adopt a Mitigated Negative Declaration; and · Adopt a Resolution recommending that the City Council approve a Zone Change (PLN2007-65) from R-D-S (Two Family District) to P-D (Planned Development), . Adopt a Resolution recommending that the City Council approve a Planned Development Permit (PLN2007-66) to allow the construction of four small lot detached single-family residences; . Adopt a Resolution recommending that the City Council approve a Tentative Parcel Map (PLN2007-67) to create four residential lots and one common lot; and · Adopt a Resolution recommending that the City Council approve a Tree Removal Permit (PLN2007 -68) to remove one 54-inch diameter coast live oak tree on property owned by Mr. Dennis Liu located at 1161 Virginia Avenue, by the following roll call vote: AYES: Alderete and Roseberry NOES: Doorley, Gibbons and Rocha ABSENT: Ebner ABSTAIN: None Chair Rocha advised that this motion has failed. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3837 recommending that the City Council deny a Zone Change (PLN2007 -65) from R-D-S (Two Family District) to P-D (Planned Development), on property owned by Mr. Dennis Liu Campbell Planning Commission Minutes for September 25, 2007 Page 13 located at 1161 Virginia Avenue, based on modified finding that this Zone Change would create a less desirable environment, by the following roll call vote: AYES: Doorley, Gibbons and Rocha NOES: Alderete and Roseberry ABSENT: Ebner ABSTAIN: None Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3838 recommending that the City Council deny a Planned Development Permit (PLN2007-66); Tentative Parcel Map (PLN2007 -67) and Tree Removal Permit (PLN2007 -68) for property owned by Mr. Dennis Liu located at 1161 Virginia Avenue, based on their incompatibility with the existing R-D-S Zoning District, by the following roll call vote: AYES: Doorley, Gibbons and Rocha NOES: Alderete and Roseberry ABSENT: Ebner ABSTAIN: None City Attorney William Seligmann advised that this item would be considered by City Council on October 16, 2007. *** Chair Rocha called a break at 9:23 p.m. Chair Rocha resumed the meeting at 9:31 p.m. Chair Rocha read Agenda Item NO.2 into the record as follows: 2. PLN2007-128 Asadi, E. Public Hearing to consider the application of Ms. Elizabeth Asadi, on behalf of Carden Day School, for a Conditional Use Permit (PLN2007-128) to allow the establishment of classrooms in an existing building on property owned by First Congregational Church 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: Kimberly Brosseau, Planner II Campbell Planning Commission Minutes for September 25, 2007 Page 14 Ms. Kimberly A. Brosseau, Planner Il, presented the staff report as follows: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a private school serving 80 students from Kindergarten to third grade in an existing building located at the First Congregation Church for a period from 2007 through 2012. . Said that the school would consist of five classrooms and an office. The school year is from September to mid-June. . Reported that the Leadership Charter School occupied the site for the 2006-2007 school year and Mulberry School was there between 1965 and 2005. . Said that existing classrooms would be utilized and no additional parking is required. This use is consistent with the P-F (Public Facilities) Zoning District. . Added that no signs are proposed at this time and any proposed signs would require the processing of a sign application in the future. . Stated that SARC did not review this proposal as there were no exterior changes proposed. . Informed that a letter from a nearby resident was submitted that expresses traffic concerns. . Said that this application is Categorically Exempt under CEQA. . Reported that the Carden Day School has already begun operation prior to this Use Permit issuance. A couple of Code Enforcement infractions have been identified including security gate egress and a landscaping debris pile on site. Both issues are to be corrected as a condition of approval for this Use Permit . Recommended approval. Commissioner Gibbons asked if the gate and fence would not need to come to SARC. Planner Kimberly Brosseau replied correct. Chair Rocha opened the Public Hearing for Agenda Item No.2. Ms. Colleen O'Connell, Resident on Piccadilly Place: . Advised that she is representing residents on Piccadilly Place. . Added that the issue is not the school itself but with its traffic. . Reported that within the last few years three schools have been established in this immediate area, including two Christian schools. . Explained that making a left turn out of Piccadilly there is a left turn lane. With the school in session parents have been blocking this turn lane even though it is not intended to serve the church/school property. It is difficult to see around them to determine if exiting onto Hamilton from Piccadilly is safe. This is an accident waiting to happen. . Reiterated that she is not against this school but hopes to have one of several alternatives occur. o Require this school to utilize its Hamilton Avenue entrance. o Have the school use the Grace Avenue entrance gate. D Allow only right turns from Leigh Avenue onto the school site and only right turns off the school onto Leigh Avenue with no left turns allowed. Campbell Planning Commission Minutes for September 25, 2007 Page 15 Chair Rocha agreed that it is easier to enter right off of Hamilton Avenue and enter at the back. Ms. Colleen O'Connell stressed that this is a big safety issue. She pointed out that most of the nearby residents are senior citizens. Commissioner Gibbons asked Ms. Colleen O'Connell if she had worked on this issue with the previous school tenants. Ms. Colleen O'Connell said that she had successfully worked with school representatives regarding traffic in the past. She added that she was unaware that this school coming until it was already in operation. Ms. Elizabeth Asadi, Applicant, Carden Day School: . Extended her apologies and explained that it had not been her intention to start off with a negative relationship with neighbors. . Explained that her school lost its former location suddenly and they were pleased to secure a location that has a 45 year history of serving as a school site. . Added that her only option was to move onto the site in advance of her Use Permit or shut down the school completely. . Advised that she is happy to conduct community meetings. . Stated that she is fully supportive of switching site access to the back parking lot. . Said that they could make that change very quickly. . Reported that they have a larger window of arrival times. The actual school day starts at 8:45 a.m. . Assured that they would do their best to be good neighbors. Commissioner Roseberry pointed to a discrepancy in the number of students in the staff report versus her mention of over 100 students. Ms. Elizabeth Asadi said that the plan was to split students between two new sites. Commissioner Gibbons said that the maximum number listed in the conditions of approval is 112. Ms. Elizabeth Asadi said that 112 was the previous number of students. Commissioner Gibbons suggested changing the number of students to 80 in the conditions of approval. She added that there have been similar traffic issues at other private schools that have been mitigated with parental volunteers to monitor traffic. Ms. Elizabeth Asadi said she is very agreeable to such a concept. Chair Rocha asked about the code violation issues. Mr. Mark Domnauer, Board member for the First Congregational Church: Campbell Planning Commission Minutes for September 25, 2007 Page 16 . Said that the fencing in question is coming down. . Assured that the landscape material will be addressed. . Stated that they are looking forward to having this new tenant here. . Explained that the church is trying to create a master plan for the church site. Mr. Brad McCurdy, Architect for Church and School, Anderson Brule Architects: . Said that he would be working on the master plan for both the school and church to deal with long-term goals. . Added that he would be able to advise both on Building and Planning issues. . Stated that his firm works well on community outreach. Chair Rocha closed the Public Hearing for Agenda Item NO.2. Commissioner Gibbons asked if the traffic issue should be deferred until the master plan for the property is finalized or should it be handled now. Acting Director Jackie C. Young Lind said that the application before the Commission this evening needs to address how access to the site is to be taken. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3839 approving a Conditional Use Permit (PLN2007- 128) to allow the establishment of classrooms in an existing building on property owned by First Congregational Church located at 1980 Hamilton Avenue, with the following modifications: . Edit Condition #2 to allow a maximum of 80 students; . Modify Condition #11 to state that all parking access for the school in the morning and at peak p.m. hours should be controlled from Hamilton Avenue and Phantom Avenue. Access into the site from Leigh Avenue and out of the site onto Leigh Avenue shall be constrained to right turns only, by the following roll call vote: AYES: Alderete, Doorley, Gibbons, Rocha and Roseberry NOES: None ABSENT: Ebner ABSTAIN: None Chair Rocha advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Rocha read Agenda Item No.3 into the record as follows: Campbell Planning Commission Minutes for September 25, 2007 Page 17 3. PLN2007 -129 Mirkin, B. Public Hearing to consider the application of Mr. Barry Mirkin for a Conditional Use Permit (PLN2007-129) to allow the construction of a new 12,288 square foot, two- story medical building on a vacant parcel and the establishment of medical services (dental offices) on property owned by Mr. Barry Mirkin located at 1930 S. Bascom Avenue in a C-2-S (General Commercial) 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: Kimberly Brosseau, Planner II Ms. Kimberly A. Brosseau, Planner II, presented the staff report as follows: . Advised that the applicant is seeking approval for the construction of a new commercial building that will house multiple dental offices with operational hours between 8 a.m. and 7 p.m., Monday through Saturday. . Explained that changes to the previous design include meeting the required 10-foot rear setback and an increase in window sill heights at the rear of the building to a five-foot height. . Added that an adjustment in parking is proposed to accommodate the City's Streetscape Standards. . Reported that this project conforms to the C-2 (General Commercial) Zoning District requirements. . Said that no signs are proposed at this time. . Said that SARC reviewed th is project on September 11 , 2007. . Recommended that the Commission find this project to be Categorically Exempt under CEQA and that the Commission adopt a resolution approving this Conditional Use Permit. Commissioner Doorley sought verification that no Variances are required with this modified design. Planner Kimberly Brosseau said correct. There are no Variances but there is a parking adjustment that can be approved by this Commission. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on September 11, 2007. . SARC was supportive of the proposed changes including the 10-foot rear setback, the five-foot window sill height and the elimination of a five-foot landscape strip and the moving of the building footprint forward. Mr. Wayne Renshaw, Project Architect: Campbell Planning Commission Minutes for September 25, 2007 Page 18 . Said he would briefly describe some of the changes that have occurred since the last proposal. . Explained that the design of this building equals a residential feel that works well with the neighborhood. . Said that they have pulled the building back by five feet from the back property line for a total setback of 10 feet. . Advised that they would put in large trees at the rear of the parcel to help provide screening. . Said that the window sills have been raised to 60 inches to reduce views of rear properties. . Said that the grading and drainage has been upgraded to flow out toward Bascom Avenue to an on-site drainage system. Commissioner Gibbons asked for clarification of the covered parking spaces. Mr. Wayne Renshaw said that these spaces are 18 feet deep and full size. Ms. Joan Veteran, Resident on Memory Lane: . Explained that she is here to read a letter into the record from her neighbor Sandra Patal who lives on McBain Avenue that made the following points: o Said that the plans look the same as before and have not been sufficiently modified to address neighbor concerns. o Stated that a 10-foot setback is still too close. o Suggested that landscape screening consist of fully mature trees not less than 30 feet. o Advised that although the raising of the window sills offers a little comfort, since the average adult is five feet, five inches tall, the five-foot window sill reduces views onto neighboring buildings but doesn't not eliminate those views outright. o Said that the hours listed are extended hours and said that she conducted research of a number of dental offices and learned that typical dental office hours are 8 a.m. to 4 p.m. with no weekend hours. o Said that the walls and fences should be redone. o Stated that she is not opposed to the development of this property but issues remain unresolved. . Stated that she agrees with Sandra Patal's comments. Mr. Jim Veteran, Resident on Memory Lane: . Stated that this building is still overwhelming with 133 feet of the back property line to be building blocking sun and view of the Pruneyard. . Opined that property values will take a hit as a result. . Said that five foot window sills are better than four foot but said he would like to see six foot window sills that will leave little or no privacy concerns. . Added that what would be ideal would be clearstory windows that allow natural light and no views. . Said that the swale is now at 10 feet where it was previously six feet from the top of the wall. Campbell Planning Commission Minutes for September 25, 2007 Page 19 . Added that there is not enough wall to offer privacy and said he would like to see three more rows of concrete block added to the wall to create a six foot height on the Mirkin side of the property to help alleviate security concerns. · Explained that there are 17 expansion joints on this wall. In rainy weather, they might have the potential to create 17 mini waterfalls from this site onto the adjacent residential sites. · Said that the site would have a French drain system with no outlet to the street so he questions what might happen in the event of heavy rain. · Stated his hope that his comments would be considered. Mr. George Apo, Resident on Memory Lane: . Stated his agreement with the comments of Mr. James Veteran. . Said that his biggest concern is the windows looking down onto his property. · Agreed that a five-foot window sill is better than a four-foot window sill but still is not the greatest thing. · Reminded that even with blinds, one can look out of these windows. · Suggested that obscured glass at the back windows would better serve the back neighbors. · Stressed that he has nothing against Mr. Mirkin or his building but rather just has privacy impact concerns. Mr. Tom Barbarito, Resident on Fewtrell Drive: . Said that he is opposed to this project completely. · Stated that what was previously on this site was located up front near Bascom Avenue with parking in the rear. . Pointed out that there are no other medical buildings nearby and this 30 to 40 foot high building will not enhance the appearance of this neighborhood. Rather it is taking away views of the Santa Cruz Mountains. · Questioned the validity of the traffic study and whether it took into account all of the recent developments approved, including the former Fung Lum site. . Said that concerns over setbacks should be looked at and he doesn't understand how a 10-foot rear setback is supportable. . Said that there are windows in a stairway that look right onto his pool. · Expressed skepticism that there is enough soil on this site to adequately catch rainwater. . Said that the hours proposed include Saturdays. . Said he does not want any of the exterior lighting to reach his property. · Stated the need for dust control during construction as well as a soils study. . Asked what the penalty might be for activity after hours. . Declared that Mr. Mirkin is a developer who does not care about the neighbors. Ms. Stephanie Morris, Resident on Fewtrell Drive: . Said she lives to the south of the project site. . Stated that she has a couple of specific concerns. Campbell Planning Commission Minutes for September 25,2007 Page 20 . Reported that there is a large pine tree that overhangs her garage that will need to be pruned (Tree #7). . Agreed with the comments made about the windows. . Said that while she is not pleased about this building she does appreciate that the windows have been raised to a five-foot sill height. . Added that a major concern is landscaping and reported that she contacted the developer and asked for additional trees, which he agreed to add. . Suggested that addition of a condition of approval for four new trees and a change in species for two others. She recommends a Carolina Laurel Cherry (Prunus Carliona). . Said she agrees with the other suggestions including raising the wall height. . Asked if Saturday operational hours were a part of the original proposal. Commissioner Alderete thanked Ms. Stephanie Morris for coming and asked about the tree she is recommending. Ms. Stephanie Morris said that the Laurel Cherry is an evergreen that is not very messy. Chair Rocha said that as Tree #7 is not located on the project site Ms. Morris might need to speak with that property owner as it is out of purview to impose a condition for that tree on this project when it is on someone else's property. Commissioner Gibbons said that the developer will have to have a conversation with that owner. Mr. Neil Linney, Resident on Memory Lane: . Reminded that he spoke at the previous public hearing for this project. . Advised that privacy and visual impacts were his chief concerns as was fire access to the back. . Reported that soil would need to be brought on site to allow for grading of between 2.5 and three feet. . Pointed out that the proposed building has 70 windows, 35 on the first floor and 35 on the second floor. . Said that these windows face his backyard as well as two of his neighbors' yards. . Added that the south wall has four second-story windows looking onto Fewtrell. . Stated that the addition of a 33 foot building will have great visual impact as well as privacy impacts that will affect his quality of life as well as his property value. . Stated that hours of operation to 7 p.m. are too late. . Said that it would be important that lights both inside and outside not impact the facing residential properties. . Stated his opposition to this project. Mr. Wayne Renshaw, Project Architect: . Said that they are proposing medical uses that have restricted hours of operation while a straight commercial use would have no restrictions on operational hours. Campbell Planning Commission Minutes for September 25, 2007 Page 21 . Said that he has no problem raising the height of the small retaining wall in the back that will prevent water falls onto the back properties. . Explained that a licensed civil engineer designed a swale that is capable of handling a 100 year flood. . Stated that Tree #7 is on an adjacent property and they are happy to provide tree service to work with neighbors to handle that tree. . Said that they have added the tree that was recommended by Stephanie Morris. It can be grown as either a tree or a hedge. They are proposing larger trees, spaced further apart. . Said that as for the windows that will be at a five foot sill height, there will be equipment placed against that back wall so that getting close to those windows in order to look down on the back properties would be hard. . Stated that this project will be improving the value of the neighborhood in general. Commissioner Doorley said that he appreciates the wall height issue and said that wall heights should be six feet on either side. He added that he is unconvinced that looking out a window is important while sitting in a dental chair. He said he is perplexed by that claim and asked Mr. Wayne Renshaw to comment further on his reasoning. Mr. Wayne Renshaw said that windows offer an aesthetic when entering a suite. If opaque glass is used it looks as if you are entering a restroom. Commissioner Roseberry asked how the windows at the north and south elevations function. Mr. Wayne Renshaw explained that the sills are also at the five foot height. The north side is a stairwell and the south side has four windows with a five foot sill height. Commissioner Gibbons asked Mr. Wayne Renshaw if a few windows could be eliminated on the south side. Mr. Wayne Renshaw said that could be considered. Commissioner Gibbons asked for the slope of the roof. Mr. Wayne Renshaw said it is a 4/12. Commissioner Gibbons acknowledged that the applicants have worked with staff to modulate the roof to add character to this building. She asked if a truss system will be used. Mr. Wayne Renshaw said that they have to clear enough space to have head height on the balcony. He added that a typical office has 10-foot high ceiling heights. Commissioner Gibbons said that it is important to have the roof pitch that is the smallest possible. She added that 4/12 is reasonable. She added that the plate height also needs to be as low as possible and that a 10-foot ceiling height is perfectly Campbell Planning Commission Minutes for September 25, 2007 Page 22 reasonable. She directed attention to a portion of the roof and asked what that area is for. Mr. Wayne Renshaw explained that this is the area where the elevator is located. Commissioner Gibbons stressed that wherever possible he should work to reduce the height of the building. Mr. Wayne Renshaw said that the plate height and pitch of roof determines the maximum height required. Commissioner Gibbons said that she is trying to work with everyone here. Mr. Wayne Renshaw said that he could possibly reduce the maximum building height by one to two feet. Commissioner Alderete advised that 11 of 12 points he had have been covered. He mentioned the on-site outdoor lighting and the need to shield that light from adjacent properties and asked Mr. Wayne Renshaw what kind of light is proposed. Mr. Wayne Renshaw said that they will use a full cut off lamp that is boxed on all four sides directing light downward. They also use as Iowa pole as possible using at least a foot candle. He added that there are no lights at the back or sides of the building. Commissioner Gibbons said that the fixtures can be mounted at a lower height. Commissioner Alderete asked if the wall at the back would be rebuilt or repaired. Mr. Wayne Renshaw said that it is in disrepair. It will be six-feet tall starting at finish grade. He said that it would be repaired or replaced as necessary. Chair Rocha opened the Public Hearing for Agenda Item NO.3. Commissioner Alderete asked about the condition for the wall. Acting Director Jackie C. Young Lind: · Advised that the lighting fixture height is shown as 20 feet on the plans. · Suggested that the Commission might want to talk about lowering that light standard. · Added that as for the wall, the Commission would want to make sure that the changing grade is adequately retained. · Said that she prefers to see a masonry wall constructed to the six-foot height at finished grade on the subject property. Commissioner Alderete asked how the building height is measured. Campbell Planning Commission Minutes for September 25, 2007 Page 23 Acting Director Jackie C. Young Lind said per Code it is measured from finish grade. She added that it is important to understand what the grade change is and put in an appropriate wall. Commissioner Alderete said that drainage must not impact neighboring properties. Commissioner Gibbons said that there are new site drainage issues based on change in State law that has had an unexpected consequence. Commissioner Gibbons: . Said that she would like to offer a comment to neighbors. . Explained that this Commission sees a lot of projects. . Added that although a building might be an unexpected presence at the back of this property, having parking located at the back adjacent to residences that is out of the way has many more disruptions for those residences. . Said that she thought landscaping to the parking lot was a little pinched but she is amiable to the elimination of two parking spaces to increase the depth of the entrance to allow more of a street presence for the project. . Said that while light standards at the 20-foot height are an industry norm, reducing the height is desirable here even if it requires the installation of extra standards. Commissioner Alderete asked Commissioner Gibbons if she is proposing more of a buffer to the streetscape. Commissioner Gibbons replied yes, if it allows a more gracious entrance. Planner Kimberly A. Brosseau clarified that a 10-foot landscaping strip is part of the Streetscape Standard. The applicant is already removing two spaces to accommodate that. Acting Director Jackie C. Young Lind clarified for one neighbor that there is a condition of approval requiring maintenance of the trees on this site. Chair Rocha closed the Public Hearing for Agenda Item No.3. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3840 approving a Conditional Use Permit (PLN2007- 129) to allow the construction of a new 12,288 square foot, two- story medical building on a vacant parcel and the establishment of medical services (dental offices) on property owned by Mr. Barry Mirkin located at 1930 5. Bascom Avenue: . Amend Condition #11 to reduce the height of lighting standards to a height approved by the Community Development Director; . Add a new condition requiring that the retaining wall to retain the grade change be new with a new six-foot high masonry wall atop the retaining wall; Campbell Planning Commission Minutes for September 25, 2007 Page 24 . Add a new condition that requires the applicant to minimize the height of the building where possible with a roof pitch no more than 4/12; by the following roll call vote: AYES: Alderete, Doorley, Gibbons, Rocha and Roseberry NOES: None ABSENT: Ebner ABSTAIN: None Chair Rocha 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. Jackie C. Young Lind, Acting Director, was accepted as presented with the following additions: . Reported that Council gave first reading of the General Plan Amendment for 1670 Grace Avenue and second reading of the URM Ordinance at its meeting of September 18, 2007. . Advised that the next Planning Commission agenda consists of a modification to the commercial condominium development on McGlincy; a beer and wine license for a Round Table Pizza to be located at 1400 W. Campbell Avenue; a Use Permit for a paint booth on Cristich Lane and a Use Permit for temporary outdoor storage for Home Depot at 480 E. Hamilton Avenue. . Added that the Planning Commission would conduct a Study Session to discuss potential Zoning Code changes for allowed uses in Industrial Zoning Districts. . Said that earlier this evening SARC reviewed two items (216 Cristich and the Merrill Gardens Project). . Said that the Upper South Winchester Development Plan will require additional coordination with Public Works. . Reminded that there was a request at the last Planning Commission meeting to conduct a Study Session on process and asked that each Commissioner provide issues that they would like to cover at this Study Session. This Study Session will be scheduled for January. . Pointed out that the current work program for 2007/2008 was distributed for informational purposes. Commissioner Gibbons reported that there is some outdoor parking occurring at Cristich and Curtner that was not part of the site approval. She added that she would like to have a group discussion at some point on the issue of a wall going in at the church on Fourth and Rincon. Campbell Planning Commission Minutes for September 25, 2007 Page 25 ADJOURNMENT The Planning Commission meeting adjourned at 11 :15 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meet1ng of October 9, 2007. ' SUBMITTED BY: C~g Secretary APPROVED BY: MiCe} ~!!~t IUt ATTEST: