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PC Min - 01/08/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JANUARY 8,2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of January 8, 2008, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Roseberry and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Commissioner: Commissioner: Commissioner: Commissioner: Bob Roseberry Bob Alderete Gary Gairaud Elizabeth Gibbons Michael Rocha Commissioners Absent: Vice Chair: Commissioner: Mark Ebner George Doorley Staff Present: Acting Director: Planner I: City Attorney: Vice Mayor: Recording Secretary: Jackie C. Young Lind Steve Prosser William Seligmann Joseph D. Hernandez Corinne A. Shinn SPECIAL PRESENTATION TO 2007 PLANNING COMMISSION CHAIR Chair Roseberry presented a plaque to 2007 Chair Rocha in recognition of his service as Planning Commission Chair during 2007. He stated that Chair Rocha is a hard act to follow and advised that he studied Chair Rocha closely in preparation for his own term as Chair. Outgoing Chair Rocha thanked staff and the City for the nice plaque. II Campbell Planning Commission Minutes for January 8, 2008 Page 2 APPROVAL OF MINUTES Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Alderete, the Planning Commission minutes of the meeting of December 11, 2007, were approved. (5-0-2; Commissioners Ebner and Doorley were absent) COMMUNICATIONS Acting Director Jackie C. Young Lind advised that there has been a correction to her director's report that will be discussed later during the Director's Report item. ORAL REQUESTS Vice Mayor Joseph D. Hernandez addressed the Commission as follows: . Said that he wanted to take this opportunity to convey thanks for the work done by the Planning Commission. . Advised that 2007 was an active year for this Commission, whose members have put in a ton of time. . Expressed appreciation for their service and the time and effort dedicated to this service. . Stated that he is looking forward to receiving continued advice as is provided by this Planning Commission to the City Council. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. PUBLIC HEARINGS Chair Roseberry read Agenda Item No. 1 into the record as follows: 1 . PLN2007 -183 Gui, H. Public Hearing to consider the application of Ms. Hongyu Gui, on behalf of Mario Corporation, for a Conditional Use Permit (PLN2007-183) to allow a general on-sale liquor license and late night activity in conjunction with an existing restaurant (Cafe Campbell) on property owned by Ms. Karen Blancato located at 360 E. Campbell Avenue in the C-3-S (Central 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: Steve Prosser, Planner I Campbell Planning Commission Minutes for January 8, 2008 Page 3 Mr. Steve Prosser, Planner I, presented the staff report as follows: · Advised that the applicant is seeking a Conditional Use Permit to allow general on- sale alcohol sales and late night activities in conjunction with an existing restaurant. · Described the project site as being on the south side of E. Campbell Avenue at the intersection of Campbell and Central. It is surrounded by commercial uses on all sides. · Stated that the General Plan Land Use designation is Central Commercial and the Zoning is C-3 (Central Commercial). A Conditional Use Permit is required in the C-3 Zone to allow alcohol sales and late night activities. This proposal is consistent with the issuance of a Use Permit. · Described the business hours as being between 6 a.m. and 11 p.m. Operational hours would be between 5 a.m. and midnight to allow prep and clean up after business hours. · Explained that the Downtown Parking Standard does not require the provision of additional parking unless a building is being expanded. · Added that there is no inclusion of outdoor seating at this time but said seating would be requested in the future. · Said that Campbell Police does not object to this request. · Reported that SARC did not review this item as there are no exterior changes proposed. · Said that the project can be considered Categorically Exempt under CEQA. · Recommended the adoption of a resolution approving a Use Permit to allow general on-sale liquor sales and late night activities. . Said that the project applicant is present this evening. Commissioner Rocha asked why outdoor seating is not a part of this application. Planner Steve Prosser said that there are issues to be worked out including design of a removable barrier and appropriate insurance coverage naming the City as additionally insured. In order to allow them to open, the project was brought forward without the outdoor seating. Commissioner Gibbons sought verification that no live entertainment is proposed and that the late night hours would be up to midnight. Planner Steve Prosser replied yes; for clean up time. Chair Roseberry opened the Public Hearing for Agenda Item NO.1. Chair Roseberry closed the Public Hearing for Agenda Item No.1. Commissioner Gibbons asked what kind of restaurant this will be. She added that general on-sale liquor was not there before. She said she would like to know more as this license goes with the property rather than the operator. Campbell Planning Commission Minutes for January 8, 2008 Page 4 City Attorney William Seligmann said that the Use Permit is a land use approval that runs with the property but that the liquor license obtained through ABC is specific to the business owner. Chair Roseberry reopened the Public Hearing for Agenda Item No.1. Mr. Pi no Spanu, Business Owner/Applicant: . Explained that his restaurant would be a cafe serving breakfast (with traditional American breakfast) and lunch (with 10 different dishes available for lunch depending upon the choice of the chef). Breakfast preparation would begin at 5 a.m. with opening at 6 a.m. . Said that there would be bakery goods and gelati. The gelati would include alcohol, which is a partial reason for the need of a liquor license. Some gelati includes whiskey, others vodka, etc. . . Reported that at night there would be no hot meals but there would be a variety of about 25 appetizers available and served with wine and/or aperitifs. Commissioner Gibbons asked if there would be a full bar. Mr. Pino Spanu replied no, there is not sufficient space for a full bar. He clarified that they would be fully stocked for bar service but that customers would order from tables. Acting Director Jackie C. Young Lind pointed to Attachment #3 that includes a full description of this use. She added that a condition is imposed that requires conformance both to the plans and to this Attachment #3 (business description). Commissioner Gibbons asked if the site would operate as a bar. Mr. Pino Spanu: . Said that they will serve just drinks or drinks with food. . Assured that they do not serve anyone who is drunk. . Pointed out that it is a business owner who decides how his place is going to operate. Chair Roseberry re-closed the Public Hearing for Agenda Item NO.1. Commissioner Alderete: . Thanked Mr. Pino Spanu for his clarification to the materials he previously provided. . Reminded that Mr. Pino Spanu made a similar presentation when he was processing the Use Permit for La Pizzeria and Mr. Pino Spanu had subsequently done exactly what he had said he would do. . Stated that Mr. Pino Spanu has demonstrated a high standard of business operations, a standard that is an example for others going forward. . Added that he is looking forward to this restaurant. Campbell Planning Commission Minutes for January 8, 2008 Page 5 Commissioner Rocha: · Stated his agreement with Commissioner Alderete's comments. . Added that he and his wife know Pi no Spanu as they frequent both of his restaurants. . Said that Mr. Spanu is extremely professional. · Stated that they have never see people at Mr. Spanu's restaurants who have had too much to drink. · Agreed that it is up to the restaurant owner to set the standard and both of Mr. Pi no Spanu's restaurants are highly successful. · Reported that he and his wife are looking forward to patronizing this new restaurant. Chair Roseberry said he echoes the comments made and likes the inclusion of Attachment #3 into the Conditions of Approval. Commissioner Gibbons asked about the standard condition that states that if noise complaints are received the Director can take immediate corrective action. She added that while she is not concerned under Mr. Pi no Spanu's ownership there is always potential for future owners to assume this location. Acting Director Jackie C. Young Lind pointed to Condition #4 that allows for the revocation of the permit. She added that standard Condition #18 deals with noise impacts. Commissioner Gibbons said that Condition #18 is the one she likes to see. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3862 granting a Conditional Use Permit (PLN2007 -183) to allow a general on-sale liquor license and late night activity in conjunction with an existing restaurant (Cafe Campbell) on property owned by Ms. Karen Blancato located at 360 E. Campbell Avenue, by the following roll call vote: AYES: Alderete, Gairaud, Gibbons, Rocha and Roseberry NOES: None ABSENT: Doorley and Ebner ABSTAIN: None *** Commissioner Rocha advised that he would have to recuse from the next item as he lives within noticing distance of the project site. He left the dais and chambers. Chair Roseberry read Agenda Item NO.2 into the record as follows: Campbell Planning Commission Minutes for January 8, 2008 Page 6 2. PLN2007-140 (PD) PLN2007-141 (PM) Soroosh, S. Public Hearing to consider the application of Mr. Shahryar Soroosh for a Planned Development Permit (PLN2007- 140) to allow the construction of a new two-story single- family home and a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on property owned by Mr. Shahryar Soroosh located at 115 Sunnyside Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: February 5, 2008. Project Planner: Steve Prosser, Planner I Mr. Steve Prosser, Planner I, presented the staff report as follows: . Reported that the applicant is seeking a Planned Development Permit approval to allow the construction of a new single-family residence and a Tentative Parcel Map to create two lots on property located at 115 Sunnyside Avenue. . Explained that a new single-family residence is currently under construction at the front of this property, that is at the north side of Sunnyside east of Sunnyside and Industrial. . Said that surrounding uses are residential. . Added that the Zoning is PD, which requires a PD Permit approved by Council. . Stated that the lot is net 8,700 square feet. The front lot (Lot A) will consist of 5,100 square feet and the back lot (Lot B) will consist of 3,600 square feet. . Reminded that in the PD Zone there is no minimum lot size but rather the lots should be consistent with surrounding uses. . Added that this project is consistent with issuance of a PD Permit. . Reported that the General Plan Land Use designation is Low to Medium Density Residential. The proposed density is at 8.79 units per gross acre and is consistent with that density. . Said that the new single-family residence that is under construction was approved under an Administrative process. . Described the proposed new home on the rear parcel to be a two-story Craftsman- style residence with siding on the first floor and stucco on the second. It will include a covered porch, two car garage and 25-foot long driveway. The upstairs bath windows will incorporate obscured glass. . Said that SARC reviewed this project on December 11, 2007, and their revisions are either incorporated on the plans and/or within the conditions of approval. . Said that this project is Categorically Exempt under CEQA. . Recommended that the Planning Commissioner adopt resolutions recommending Council approval of a PD Permit for the construction of a new single-family residence and Tentative Parcel Map to allow the creation of two residential parcels from one lot. . Reported that the applicant is present this evening. Campbell Planning Commission Minutes for January 8, 2008 Page 7 Chair Roseberry asked for clarification as to why the front house was not brought before the Commission but rather was processed through an Administrative hearing. Planner Steve Prosser said that it is correct that this structure was approved via an Administrative hearing as specified by the Zoning Code. Commissioner Gibbons asked if there was an expectation at that time that there would be a parcel created behind the front house. Planner Steve Prosser replied that it appears so as the driveway to the back of the lot was included. A second residence was not specified on the plans. Commissioner Gibbons asked if this would be a flag lot. Planner Steve Prosser replied no, it is an easement. Commissioner Gibbons asked why it was done in that way. Planner Steve Prosser replied to mirror a project to the east that was approved in 1997. Commissioner Gibbbons pointed out that 1997 is not 2008. She asked if covered porches are counted against FAR. Planner Steve Prosser replied no, it is not counted in FAR but is included in lot coverage. Commissioner Gibbons asked how there are three spaces, two covered. She asked how that is achieved. Planner Steve Prosser said that there are tandem parking spaces in the garage and one uncovered parking space. Chair Roseberry opened the Public Hearing for Agenda Item No.2. Mr. Mark Snow, Project Architect: . Offered some history and clarification on the front house. . Advised that he worked on the 1997 project at 154/158 Sunnyside. . Added that tandem parking allows rear and front yard space and gives the rear yard some privacy. . Stated that he thinks they are doing a good job with the construction of the front house. . Assured that they are aware of the sensitivity of the neighborhood. . Added that they are open to whatever it takes to make this work for all involved. Commissioner Alderete asked if the FAR for Parcel B is approximately 73 percent. Campbell Planning Commission Minutes for January 8, 2008 Page 8 Mr. Mark Snow replied correct. Commissioner Alderete asked Mr. Mark Snow if they had/would consider a smaller footprint. Mr. Mark Snow said sure to a point. He added that they want to stay consistent with the rest of the neighborhood. Commissioner Alderete asked Mr. Mark Snow about the community's desire to maintain neighborhood compatibility (small town character). He asked just how this project fits into the neighborhood when it looks like what is happening here is the construction of a monster home. Mr. Mark Snow: . Said that he cannot defend the house against small town character. . Added that the house was designed wider than deep in order to keep private yard space. . Agreed that appearance-wise this house looks large. . Said that the front porch element helps it fit the character of the area. Commissioner Alderete asked what the home is that is located in the pictures provided. Mr. Mark Snow said that this particular streetscape depicts the home they are currently building in the center. Chair Roseberry closed the Public Hearing for Agenda Item NO.2. Commissioner Alderete: . Said that this project represents a lot of building for the lots here, particularly the FAR for the rear lot. . Suggested that this offers a style of living that some folks choose and that's fine. . Said that the question for him is whether we want to go in that direction for every lot on this street. . Reiterated that the issue for him is the size of the structures as well as density. Commissioner Gibbons: . Offered two observations. The first is that this project is too large for this site. . Said that the PD Zoning offers both benefits and loopholes as it allows for non- specific setbacks. . Added that with that flexibility houses tend to be pushed to the maximum envelope of five-foot setbacks and the property is consumed. . Stated that this makes her feel as if this project is just too big. . Said that the second observation is that there is an unusual use of easement while a typical flag lot includes a 15-foot wide driveway. In this case, the driveway width Campbell Planning Commission Minutes for January 8, 2008 Page 9 is 14-feet to the face of the window and that does not include the bay window. That is too tight. . Said that for her there is a weird twist as she does not know why it's an easement and questions how this easement might impact new Building Code requirements. . Reiterated that there is too much development on this site. Commissioner Gairaud said he agrees. He added that the FAR seems to be a huge obstacle for him to approve this part of the project at this time. Chair Roseberry: . Said that this is just half of a project as the other half has already been approved. . Added that he has more issues with the house under construction than with the proposed house in the back but the front house is a done deal. . Stated that tandem parking is a nightmare and the residents won't use it. One car will end up on the street. . Asked who controls the alley at the back of the property as it potentially increases the rear setback. . Reiterated that he dges not have as many issues with tonight's project as with the project already approved (front house). Commissioner Gibbons said that the turf block area allows turnaround. She said she too is curious about the alley. Chair Roseberry re-opened the Public Hearing for Agenda Item NO.2. Chair Roseberry said he wants to know if this alley is private and also what the FAR is for the house on the left. Planner Steve Prosser: . Said that the City does not know the actual alley ownership. It is a question that has generated many discussions with Public Works and the ownership remains in limbo. . Added that other developments approved have been allowed to run off onto that property. . Reported that the FAR for 105/107 Sunnyside is .6 FAR total combined. Unit A (front) is at .53 and Unit B (rear) is at .70. Commissioner Gibbons asked what the typical footprint is for single-family. Planner Steve Prosser said 20-foot front setback, 5-foot or half of the wall height for sides and rear setbacks and 25-feet setback distance to garage. Commissioner Gibbons asked if turf block would be allowed on single-family property. Planner Steve Prosser said it would be allowed. Campbell Planning Commission Minutes for January 8, 2008 Page 10 Commissioner Alderete: . Said that the project seems dense but Sunnyside is going in that direction. . Said that this project meets Code requirements and metrics for this development. . Opined that the City is losing a certain flavor along these streets. . Advised that he can't make the findings to block and/or deny this development. · Agreed that the front lot is more of a problem over all. . Reported that he does not care for the way development is going on Sunnyside but he won't stand in the way of this project. Chair Roseberry offered the Site and Architectural Review Committee report as follows: . Said that SARC reviewed this project on December 11, 2007, and was generally supportive. . Advised that SARC wanted to see material details and the increase of the driveway length from 24 to 25 feet. . Added that SARC wanted revised plans to depict stamped concrete driveways for both parcels and to show the setback of Parcel A to the egress easement. Commissioner Alderete pointed to Condition 2, Item 6-b. Commissioner Gibbons said that she cannot be supportive as there is too much development for this site. It is pushing the envelope. She suggested continuing this item to allow the applicant to go back and look at it. Chair Roseberry: . Said that he has the same concerns expressed about this street but it represents the function of the rules set for this area. . Added that this applicant is playing by the established rules. . Suggested that it is those rules that need to change. . Said that he has a bad feeling because the front house was not before this Commission. . Stated that the rear house is big but not vastly outside of what could be expected to be approved per the rules. Commissioner Gibbons suggested a FAR of less than .7 percent without including the driveway. She said that as a PD project, this does not benefit this neighborhood and that a FAR of .7 percent pushes the envelope beyond what we have approved. Commissioner Alderete said it may be in the best interest to continue this item to see what changes the applicant can bring forward. He reminded that the applicant has said they would be willing to reduce the rear house to a point. Commissioner Gairaud said he agreed with the concept of a continuance but wanted to be sure and give the applicant specific suggestions and direction on what is expected including larger setbacks for the rear house. Campbell Planning Commission Minutes for January 8, 2008 Page 11 Chair Roseberry: . Suggested figuring out what FAR should be targeted. . Asked if the continuance should be to a date certain. Commissioner Alderete said that the next meeting should be enough time as this applicant has a lot of experience doing this sort of project. Acting Director Jackie C. Young Lind said that two weeks is really not enough time to redesign a house properly and suggested the continuance be for two meetings out (February 12). Commissioner Alderete suggested that the desired setbacks be clarified. Commissioner Gibbons: . Said that problems she has with the front house are hindering her ability to recommend for the rear house. . Suggested giving staff direction to work with the applicant using the table previously prepared by staff on other projects approved in this area. · Reminded that the DeMattei project located on the other side was not allowed to count the alley and she suggested that it not be counted here. Mr. Mark Snow: . Thanked the Commissioners for their compliments on his ability. . Reported that 154/158 Sunnyside used the alley in determining the lot size. . Asked if the Parcel Map could be moved forward alone. Acting Director Jackie C. Young Lind advised the Commission that if the lots were to be approved the review of any home for that lot would fall under the Administrative process. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gairaud, the Planning Commission CONTINUED CONSIDERATION TO ITS MEETING OF FEBRUARY 12, 2008, a Planned Development Permit (PLN2007-140) to allow the construction of a new two-story single-family home and a Tentative Parcel Map (PLN2007-141) to subdivide one property into two parcels on property owned by Mr. Shahryar Soroosh located at 115. Sunnyside Avenue, by the following roll call vote: AYES: Alderete, Gairaud, Gibbons and Roseberry NOES: None ABSENT: Doorley and Ebner ABSTAIN: Rocha Commissioner Rocha returned to the chambers and dais for the remainder of the meeting. Campbell Planning Commission Minutes for January 8, 2008 Page 12 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 authorized the Community Development Director to proceed with the abatement of hazardous vegetation. . Advised that the next Planning Commission agenda would consist of one item, a Planned Development at 100 S. Second Street. ADJOURNMENT The Planning Commission meeting adjourned at 8:52 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of January 22, 2008. SUBMITTED BY: .... e A. Shinn, Recording Secretary APPROVED BY: hilL Bob Roseberry, Ch~ ATTEST: