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PC Min - 01/22/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JANUARY 22,2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of January 22, 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: Vice Chair: Commissioner: Commissioner: Commissioner: Bob Roseberry Bob Alderete Mark Ebner George Doorley Gary Gairaud Elizabeth Gibbons Commissioners Absent: Commissioner: Michael Rocha Staff Present: Acting Director: Planner II: Planner I: Interim Planner: City Attorney: Recording Secretary: Jackie C. Young Lind Kimberly A. Brosseau Steve Prosser Daniel Vanwie William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Gairaud, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of January 8, 2008, were approved. (4-0-1-2; Commissioner Rocha was absent and Commissioners Ebner and Doorleyabstained) Campbell Planning Commission Minutes for January 22, 2008 Page 2 COMMUNICA TIONS/SPECIAL PRESENTATION Acting Director Jackie C. Young Lind presented a Resolution of Appreciation and Acknowledgement to Interim Planner Daniel Vanwie, with the following comments: · Explained that Daniel Vanwie was an intern in the past and served as an interim planner between March 2007 and January 2008. He will assume a planner position with the City of Santa Clara in February. · Said that the resolution reflects just a small listing of Daniel Vanwie's accomplishments and achievements, including current and advanced planning and lots of research. He designed a facelift to the City's Development Report and created a departmental newsletter. He represents more than just solid work product but also an outstanding intellect. He was always present, offered challenging debate and has a pointed sense of humor. It was a challenge to keep ahead of him. · Said that Daniel's fiancee, Elizabeth, has just secured an internship with the Santa Clara County District Attorney's Office. It is delightful to see how supportive they are to one another. They will be married in June. · Reported that Daniel's internship ran between August and November 2008. He served as an interim planner from March 2007 through January 2008. He completed his Masters Thesis in December. Mr. Daniel Vanwie said that it was an honor to work with staff in Planning. This is an experience that he will never forget. He stated that Director Jackie C. Young Lind was more than a boss, she was also a mentor. Chair Roseberry wished Daniel Vanwie good luck in Santa Clara adding that "their gain is our loss." ORAL REQUESTS There were no oral requests. 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: Campbell Planning Commission Minutes for January 22, 2008 Page 3 1. PLN2007-142 (PM) PLN2007.143 (PO) Sulic, v. Public Hearing to consider the application of Mr. Velimir Sulic for a Tentative Parcel Map (PLN2007-142) to create two parcels from one lot and a Planned Development Permit (PLN2007-143) to allow the construction of one new single-family residence and the retention of an existing single-family residence on property owned by Mr. Ed Pearson located at 100 S. Second Street in a PD (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: February 19, 2008. Project Planner: Kimberly A. Brosseau, Planner" Ms. Kimberly A. Brosseau, Planner II, presented the staff report as follows: . Reported that the applicant is seeking Planned Development Permit and Tentative Parcel Map approvals to create two parcels and construct a new single-family residence on Parcel 2 will be a two-story utilizing traditional architectural design. The existing residence, a bungalow, will be retained on Parcel 1 with no proposed changes to the structure. . Described the subject property as being on the corner of S. Second Street and Everett. Parcel 1 would consist of 4,680 square feet and Parcel 2 would consist of 3,120 square feet. . Stated that the project conforms to Planned Development standards and to the General Plan Land Use designation of Low-Medium Density Residential. . Explained that SARC reviewed this project at its meeting on January 8th. . Recommended that this project be deemed Categorically Exempt under CEQA and that the Planning Commission adopt resolutions recommending that Council approve a Planned Development Permit and Tentative Parcel map for this project. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: . SARC considered this proposal on January 8th and had three concerns: o The FAR as proposed was too high as compared to surrounding residences. o The three-foot setbacks were not consistent with surrounding residences. o The massing and height of the second story was excessive. . Said that it looks like the applicant has sacrificed a lot from his originally desired project and has made the changes necessary to resolve SARC's concerns as follows: o The FAR has been reduced from .7 to .546. o The two-car garage was reduced to a one-car garage. o The previous three-foot side yard setbacks have been increased to five and nine-foot side yard setbacks. o The front setback has been expanded from 10 feet to 12 feet. o The second story has been reduced as has the roof height. Chair Roseberry opened the Public Hearing for Agenda Item No.1. Campbell Planning Commission Minutes for January 22, 2008 Page 4 Mr. Velimir Sulic, Applicant & Project Engineer: . Thanked staff for their assistance, particularly Kimberly Brosseau, Jackie C. Young Lind, AI Oxonian and Michelle Quinney. · Reported that they have also lowered the ridgeline from 27.9 feet to 24 feet and changed the front door. . Stated that they agree to all conditions but need some explanation on some of the Public Works conditions. . Asked if the Condition 39(D) reflects the entire frontage or just around the driveway return. Planner Kimberly A. Brosseau said she does not have the answer and would have to defer to Public Works. Acting Director Jackie C. Young Lind: . Said that it is her understanding that when Public Works refers to the Second Street improvements, they are referring to the length of the property frontage on Second Street. It is the same with Everett. . Added that if the applicant has a concern with the Public Works conditions, he would have to bring it back to be modified. Chair Roseberry asked if there is a new driveway on Everett. Planner Kimberly A. Brosseau replied yes. Mr. Velimir Sulic said that they have no problem with the required improvements on Everett but feels that it is harsh to condition the improvements on Second Street. Chair Roseberry asked if the curb and gutters along Second meet the current standard now. Acting Director Jackie C. Young Lind said that the imposed condition requires the standard curb, gutter and sidewalk plus an ADA-compliant driveway approach. Chair Roseberry asked for verification that the Commission does not have a lot of say over Public Works conditions. City Attorney William Seligmann said that the Planning Commission can recommend the modification of those Public Works conditions if the work required is not statutory. It is up to Council to decide the ultimate conditions imposed. Commissioner Gibbons said that there is likely some flexibility and suggested leaving it to the discretion of the Community Development Director to discuss with Public Works and to modify if possible. Mr. Velimir Sulic: Campbell Planning Commission Minutes for January 22, 2008 Page 5 . Reiterated that they have no objection to the requirement around the return (radius) but that the entire frontage along Second Street is a harsh condition, especially as the existing improvements appear to be in good condition. . Added that Condition D referring to improvements to the Everett Avenue entrance to the alley way reflects a harsh condition to this project as this entrance to the alley does not abut their property. . Said that he would love to work with staff and Public Works to resolve these issues. Commissioner Doorley asked if the entire length of Everett would have these improvements. Mr. Velimir Sulic replied yes. Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Commissioner Alderete asked staff to point out the entrance to the alley. Acting Director Jackie C. Young Lind said that Sheet 1 depicts the alley way adjacent to the property. Technically, it is beyond their frontage. Commissioner Alderete asked what an ADA-compliant sidewalk is. Acting Director Jackie C. Young Lind said that it reflects the way the curb cut is constructed so as to be wheelchair compatible. Chair Roseberry: . Said that the required improvements seem to represent a good request from Public Works for improvements to the street. . Asked whether owners would be assessed if these improvements were installed by the City at a later date. Commissioner Gibbons: . Reminded that the alley is not their property. . Said she has a problem pushing these conditions onto this project. It seems a lot to ask and she will have to think about it. . Said that she is okay with the Everett Avenue requirements. The S. Second Street improvements should be left to the discretion of the Director to negotiate with Public Works staff. . Stated that overall she wants to compliment the developer for working so hard being responsive to staff and SARC. This was sensitively and thoughtfully done. . Advised that with the parcel separation, the existing detached garage would be nearer than five feet to the property line. New Building Code requirements are in effect and may lead to different standards for structures set back less than five feet from a property line. . Suggested that if the setback is modified to be at least five feet, one inch, it would resolve that potential problem. Campbell Planning Commission Minutes for January 22, 2008 Page 6 Planner Kimberly Brosseau said that this is an existing garage and meets setbacks. Commissioner Gibbons said that the lot split changes that. A higher construction type is now required if setbacks from property lines are five foot or less. A solution is to increase the setback to five feet, one inch. Commissioner Ebner said he agrees with Commissioner Gibbons regarding the approach to the alley. The applicant has agreed to the ADA driveway and Everett improvements but the alley doesn't belong to him. Commissioner Gairaud said that this appears to be a beautiful home and he would be happy to have it in his neighborhood but he is not convinced that this design fits into this overall area. Chair Roseberry asked staff to explain who owns the alley. Acting Director Jackie C. Young Lind said that she understands there is uncertainty as to the ownership of the alley. It is not specifically owned by the City. Chair Roseberry: . Said that a 12 foot area of concrete apron is not an excessive request but it is perhaps not fair to the applicant to require this if it is not his frontage. . Added that he is not sure if the City would ever install it. . Said that the smart way would be to approve this project with the notation that these outstanding Public Works issues be negotiated with Public Works by the Community Development Director. . Said that this is a good project. While it is a two-story, it is a pretty small second story and he is okay with it. Commissioner Ebner asked if the Historic Preservation Board (HPB) had any input on this project. Acting Director Jackie C. Young Lind advised that the HPB weighs in on properties included on the Historic Resources Inventory (HRI), landmarks and one Historic District (Alice Avenue). HPB does not consider items unless it falls into one of those categories or there is a question on whether it is an historic resource. That was not the case with this project. Chair Roseberry suggested that the Director research if there are new requirements for setbacks less than five feet. The garage may meet that standard as is. Commissioner Doorley said that he was inclined to not impose the S. Second Street frontage improvements but if it is not addressed now it will probably never be done resulting in visual blight and/or safety issues for the disabled, people using strollers, etc. He said he would push the Commission to think seriously about that. Campbell Planning Commission Minutes for January 22, 2008 Page 7 Commissioner Gibbons said that she is usually on that track but again this applicant does not own the alley. Commissioner Ebner said that perhaps the alley improvement should be done but not the remainder of Second Street in order to create consistency on that side. He asked if the idea of a second story bothers any of the other Commissioners as being out of character. Commissioner Gibbons said yes. However, the original proposal was substantially bigger. This one, she is okay with. It includes a one-story element that wraps the structure. It is reasonable application for two levels at this location. The two-car garage is gone. Therefore, she is okay with this particular two-story residence. Commissioner Alderete asked if there is any opportunity to likewise put ADA-compliant access on the other side (to the east of the alley on Everett). Planner Kimberly A. Brosseau said if that owner proposes an addition, depending upon scope. As it is, it cannot be required. Commissioner Alderete said that he shares the points raised by Commissioners Doorley and Gibbons. He asked if the improvement could be provisional at a future point. Commissioner Gibbons pointed out that there is a five-foot easement along Everett as well as indicated on the parcel map. This project is incurring a lot. Commissioner Alderete said that the alley ownership is in question as to whether it is private or public property. That could influence the Commission's decision. Acting Director Jackie C. Young Lind said that this ownership has been in question for years. Commissioner Doorley: . Said that the lack of clarity also increases the likelihood of someone else ever doing this improvement. . Added that this offers an opportunity to solve a community problem here. . Pointed out that it is not uncommon to require off-site improvements. It is not that big a leap. · Suggested that this problem be solved and not leave for 20 years. Commissioner Gibbons said that the fact that this is an un-graded and un-compacted road that could result in drainage issues is another hesitation. Chair Roseberry re-opened the Public Hearing for Agenda Item NO.1. Mr. Velimir Sulic: Campbell Planning Commission Minutes for January 22, 2008 Page 8 . Said that as to the legality of the alley, he gave Public Works a recorded map that demonstrates that the alley belongs to the City of Campbell. . Added that the sidewalk is in good condition. . Said that the power pole is in the public right-of-way and the new driveway would be a hazard to that power pole. . Said that they could replace the existing asphalt with new asphalt. Chair Roseberry said that the best solution tonight is to empower the Director to negotiate these details with Public Works. Chair Roseberry re-closed the Public Hearing for Agenda Item NO.1. Commissioner Alderete said that he likes the proposed solution to allow the Director to work with Public Works on the conditions regarding street improvements at the alley and along S. Second Street. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission took the following actions: · Adopted Resolution No. 3863 recommending approval of a Tentative Parcel Map (PLN2007-142) to create two parcels from one lot, with the added condition that the Community Development Director negotiates with Public Works and the applicant on the conditions relative to the alley entrance improvements and the improvements along S. Second Street; and · Adopted Resolution No. 3864 recommending approval of a Planned Development Permit (PLN2007 -143) to allow the construction of one new single-family residence and the retention of an existing single-family residence on property owned by Mr. Ed Pearson located at 100 S. Second Street, with the added condition that the Community Development Director negotiates with Public Works and the applicant on the conditions relative to the alley entrance improvements and the improvements along S. Second Street, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gibbons and Roseberry NOES: Gairaud ABSENT: Rocha ABSTAIN: None Chair Roseberry advised that this item would be considered by Council at its meeting of February 19, 2008, for final action. *** Campbell Planning Commission Minutes for January 22, 2008 Page 9 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 at its last meeting, Council adopted a resolution upholding an appeal and allowing KFC/A&W to have two wall signs on one elevation and one freestanding sign. . Added that Council also introduced an ordinance amending the Campbell Municipal Code to establish an administrative citation process. . Informed that the next Planning Commission agenda includes three items: 115 Sunnyside (Planned Development), 1215 Audrey Avenue (Site and Architectural Review Permit) and 876 W. Hamilton Avenue (Use Permit). ADJOURNMENT The Planning Commission meeting adjourned at 8:37 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of February 12, 2008. SUBMITTED BY: '< APPROVED BY: 'i{L Ii ATTEST: