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PC Min - 02/12/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY FEBRUARY 12, 2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of February 12, 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: Commissioner: Bob Roseberry Bob Alderete Mark Ebner George Doorley Gary Gairaud Elizabeth Gibbons Michael Rocha Commissioners Absent: None Staff Present: Acting Director: Planner II: Planner I: City Attorney: Recording Secretary: Jackie C. Young Lind Kimberly A. Brosseau Steve Prosser William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of January 22, 2008, were approved. (6-0-0-1; Commissioner Rocha abstained) Campbell Planning Commission Minutes for February 12, 2008 Page 2 COMMUNICATION There were no communications items. ORAL REQUESTS There were no oral requests. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. PUBLIC HEARINGS Commissioner Rocha advised that he must recuse himself from participation on the first hearing due to the proximity of the project site to his residence. Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. PLN2007-140 (PD) PLN2007 -141 (PM) Soroosh, S. Continued Public Hearing (from the Planning Commission meeting of January 8, 2008) 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: March 4, 2008. Project Planner: Steve Prosser, Planner I Mr. Steve Prosser, Planner I, presented the staff report as follows: . Reminded that this application was continued from the January 8, 2008, Planning Commission hearing. . Said that the request includes a Planned Development Permit to allow the construction of a new single-family residence and a Parcel Map to create two lots from one parcel. . Reported that at the January 8th meeting, the Commission continued consideration of this project to allow the application the opportunity to reduce the floor area ratio. . Advised that since that time, the applicant has revised their plan and reduced the new residence by 301 square feet from 2,619 square feet to 2,318 with the FAR going from. 73 to .64. The overall FAR of the project went down from .62 to .59, which is within the range depicted on the chart of similar developments in this neighborhood. This project is consistent with other similar projects. . Added that the rear setback was increased from 5 to 8 feet and the side setbacks were also increased. Campbell Planning Commission Minutes for February 12, 2008 Page 3 . Stated that the recommendations made by SARC at its December 11 th meeting have been incorporated into the plans. . Recommended that this project be deemed to be Categorically Exempt under CEQA and that the Commission adopts two resolutions forwarding recommendations for approval to the City Council for both the Planned Development Permit and the Tentative Parcel Map. Commissioner Gibbons asked staff if the 60 x 60 parcel totaling 3,600 square feet includes half of the alley. Planner Steve Prosser replied no. Chair Roseberry opened the Public Hearing for Agenda Item NO.1. Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Commissioner Alderete: . Stated that the applicant has worked with staff and addressed concerns raised by the Commission at its previous meeting. . Added that he would be supportive of this application. Commissioner Gibbons: . Said that she will not be supportive although she appreciates the efforts made by the applicant to modify this project. . Agreed that this project is constrained by how the original front parcel was developed that resulted in the garage for the rear unit to be in view from the street. Commissioner Gairaud: . Said that he concurs with both of the previous Commissioners' comments, which demonstrates how he is torn by this project. . Reminded that he had suggested that the owners be given direction. . Added that he wanted to see the FAR at the back go down to .55 but he didn't state that at the time. . Stated that property owners should develop their property as they wish. . Said that he will support this project due to the applicant's efforts. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gairaud, the Planning Commission took the following actions: · Adopted Resolution No. 3865 recommending approval of a Planned Development Permit (PLN2007-140) to allow the construction of a new two-story single-family home; and · Adopted Resolution No. 3866 recommending approval of 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, Campbell Planning Commission Minutes for February 12, 2008 Page 4 by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud and Roseberry NOES: Gibbons ABSENT: None ABSTAIN: Rocha Chair Roseberry advised that this item would be considered by Council at its meeting of March 4, 2008, for final action. Commissioner Rocha returned to the meeting. *** Chair Roseberry read Agenda Item NO.2 into the record as follows: 2. PLN2007 -160 Mulia, K.L. Public Hearing to consider the application of Ms. Krishlani Mulia for a Site and Architectural Review Permit (PLN2007 -160) to allow the construction of a new two- story single-family residence (and the demolition of an existing single-family residence) on property owned by Ph am Dinh Nguyen located at 1215 Audrey Avenue in an R-1-10 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Kimberly A. Brosseau, Planner /I Ms. Kimberly Brosseau, Planner II, presented the staff report as follows: . Reported that the applicant is seeking approval of a Site and Architectural Review Permit to allow the demolition of an existing residence and construction of a new two-story single-family residence. . Said that the proposal is in conformance with the R-1-10 Zoning District. . Stated that SARC reviewed the project on January 22, 2008. . Advised that staff is concerned about the proposed entry height at 10 feet and is recommending a redesign to an 8 foot plate height. . Recommended the adoption of a resolution approving this project. Commissioner Ebner presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on January 22,2008. . Said that SARC's comments were that the plate height was not consistent with this neighborhood. . Reported that the applicant indicated to SARC that they wanted to continue with their proposed 10-foot entry. . Added that the color board was discussed and has been modified as a result. Campbell Planning Commission Minutes for February 12, 2008 Page 5 Chair Roseberry opened the Public Hearing for Agenda Item No.2. Chair Roseberry closed the Public Hearing for Agenda Item NO.2. Commissioner Gibbons: . Explained that the reason for the 10 foot sill is that they were looking for proportion. . Added that the real issue for her is the 14-foot high living room ceiling, which makes a difference on how that entrance is going to look. It is a two story element as designed there. Chair Roseberry said that the concern is the front entry elevation. Commissioner Gibbons agreed saying it is the area to the right of the double door entrance. She cautioned that an 8-foot entrance height would make the 14-foot living room height look even higher. Chair Roseberry clarified that in that case it appears that the added height helps balance out that additional height. Acting Director Jackie C. Young Lind pointed out that the condition drafted by staff speaks to both the plate height and ceiling height. Both are much higher than normally seen in this area. Chair Roseberry clarified that staff's recommendation is not just to reduce the entry but also the living room ceiling height. Acting Director Jackie C. Young Lind said yes. Commissioner Alderete asked which of the San Tomas Area Neighborhood Plan (ST ANP) guidelines is being adhered to with this reduction. Acting Director Jackie C. Young Lind: . Said that the ST ANP refers to mass and scale and the predominance of Ranch- style architecture. It specifically discourages grand style entries. . Reported that the staff recommendation is consistent with the STANP, which was developed with the input of residents of that area of the City. Commissioner Alderete said that the entry does not seem that extreme to him and it reflects a judgment call. Commissioner Gairaud: . Stated that in looking at Attachment #4 (site map); nothing on Audrey looks like this. It is a one of a kind feature that is out of skew and not conforming to this area. . Asked staff to elaborate on the proposed Condition #2A. Acting Director Jackie C. Young Lind said that Condition #2A recommends that the plan be revised to lower the entry and living room heights. Campbell Planning Commission Minutes for February 12, 2008 Page 6 Commissioner Alderete pointed out that there is really a range of styles in the area. He asked Commissioner Gibbons for her comments on the entry element. Commissioner Gibbons said that the entry is a separate structure sitting out in front. There is a 2.5-story wall slightly camouflaged by an archway. It is a much taller element. Chair Roseberry directed everyone to plan sheet A-6. Commissioner Gibbons said that is exactly what she is getting at. Chair Roseberry pointed out that the front entry extends out. Commissioner Rocha said that consistency in a neighborhood is important and that there is only one two-story is on Audrey. The rest are single-story. He stressed the need to be sensitive to that. Commissioner Gibbons said that this is an elegant home and the setbacks are nice. She added that a lot of effort has been taken to make this a beautiful home. Chair Roseberry: . Said that this neighborhood does have some streets (i.e. Steinway) that are typical of this style. . Added that perhaps this architectural style was not around as much 10 to 15 years ago but is coming around now. . Pointed out that the entry and living room heights are tied together. The high living room ceiling is a continuation of the second floor. . Said that the plate height is not as bad as it might be. Commissioner Ebner said that the high living room ceiling does somewhat disappear because of this high entry arch. It blends in and is not as obtrusive as it could be. Commissioner Alderete: . Said that consistency in the San Tomas Neighborhood is not always evident. . Questioned what the overall look of the area is. . Stated that there are several different pockets and that the larger area of the San Tomas Neighborhood needs to be considered rather than one block at a time. Commissioner Gairaud said that he appreciates the attempt to blend in but the mass here is not consistent with the surrounding neighborhoods. He suggested a compromise between 8 and 10 feet. Commissioner Gibbons: . Said that she drove around the whole area. . Added that there are a couple of houses that she could not believe the Commission approved. Campbell Planning Commission Minutes for February 12, 2008 Page 7 . Said that she is having trouble with this but also supports property owners building what they want to build. . Stated that this one is going to be big. The whole first floor has 10-foot ceiling height up to the living room's 14-foot ceiling. . Said that she is struggling as this is going to be a big house. Commissioner Doorley: . Said that he is not as torn as other Commissioners. . Added that he is supportive. . Pointed out that there is no one from the neighborhood here to speak against this design. . Stated that it is not the Commission's job to be the designer here. . Reiterated that he is not conflicted as this project meets the requirements. Commissioner Gairaud: . Said that it is hard to draw a line in the sand on this one as this is such a large lot and there are no other deviations outside of the mass. . Said that there is a question as to what is a neighborhood. . Added that outside of the mass of the entry he does not have any problem with this proposal. Commissioner Alderete: . Said that overall this is a really beautiful project on a huge (.42 acre) lot. It will go quite well. . Pointed out that the proposed FAR is .25 where .45 is allowed. . Said that the applicant could increase the house by a few thousand additional square feet due to the size of this lot. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3867 approving a Site and Architectural Review Permit (P.LN2007 -160) to allow the construction of a new two-story single-family residence (and the demolition of an existing single- family residence) on property owned by Pham Dinh Nguyen located at 1215 Audrey Avenue, by the following roll call vote: AYES: Doorley, Ebner, Gibbons and Rocha NOES: Alderete, Gairaud and Roseberry ABSENT: None ABSTAIN: None Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Roseberry read Agenda Item No.3 into the record as follows: Campbell Planning Commission Minutes for February 12, 2008 Page 8 3. PLN2007-192 Chau, M.K. Public Hearing to consider the application of Ming Ko Chau for a Conditional Use Permit (PLN2007-192) to allow for beer and wine sales in conjunction with an existing restaurant (Chef Ko) on property owned by Joseph and Maria Kwong located at 876 W. Hamilton Avenue in a P-D (Planned Development) 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 A. Brosseau, Planner 1/ Ms. Kimberly A. Brosseau, Planner II, presented the staff report as follows: . Reported that the applicant is seeking approval of a Conditional Use Permit to allow on sale beer and wine sales in conjunction with an existing restaurant. . Said that this request is in conformance with the PD Zoning District. . Reported that the General Plan Land Use for the site is Commercial/Professional Office/Residential. . Said that any new signage would be handled separately. . Said that the project is Categorically Exempt under CEQA. . Recommended that a resolution be adopted approving this Conditional Use Permit. Chair Roseberry opened the Public Hearing for Agenda Item NO.3. Ms. Ming Ko Chau, Applicant: . Reported that customers will often ask for wine or beer service with their meals. . Stated her hope that this request would be approved. Chair Roseberry closed the Public Hearing for Agenda Item NO.3. Commissioner Alderete: . Said that he is supportive of the staff recommendation. . Reported that he has been to this restaurant a number of times. It is a very clean, well run business that specializes in low fat/low oil Chinese food with lots of vegetarian dishes. . Recommended this restaurant. Commissioner Rocha jokingly asked Commissioner Alderete if is he is the customer who asked for beer or wine service with his meals. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3868 granting a Conditional Use Permit (PLN2007- 192) to allow for beer and wine sales in conjunction with an existing restaurant (Chef Ko) on property owned by Joseph and Maria Campbell Planning Commission Minutes for February 12, 2008 Page 9 Kwong located at 876 W. Hamilton Avenue by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Roseberry 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 at its February 5th meeting, Council took second reading of the new Ordinance establishing an Administrative Citation process, which serves as a tool for code enforcement. . Advised that the next Planning Commission agenda includes three items: the remodel of a single-family residence; a two-lot planned development on Sunnyside and a five-unit town home development on Union Avenue. . Added that following the February 26th regular Planning Commission meeting the study session on planning processes will continue. . Reported that Planning staff spoke with Public Works staff regarding the conditions imposed for public improvements for 100 S. Second. She said that Public Works advised her that they had already given this project considerable concessions including: 1. A reduction in street width. 2. Allowance for an attached sidewalk rather than a divided one. 3. Retention of the existing curb radius (that is substandard). 4. Allowance of a substandard setback so that an existing power pole would not need to be relocated. Chair Roseberry asked if this information has been given to the applicant. Acting Director Jackie C. Young Lind replied yes. Commissioner Gibbons said that it would be good if any concessions given by the City could be provided to the Commission so they can be weighed against what is being required. Campbell Planning Commi~sion Minutes for February 12, 2008 Page 10 ADJOURNMENT The Planning Commission meeting adjourned at 8:38 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of March 11, 2008. SUBMITTED BY: ~rding Secretary APPROVED BY: ATTEST: