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PC Min - 02/26/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY FEBRUARY 26, 2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of February 26,2008, 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 Gibbons, seconded by Commissioner Doorley, the Planning Commission minutes of the meeting of February 12, 2008, were approved. (7-0) Campbell Planning Commission Minutes for February 26, 2008 Page 2 COMMUNICATION There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ANNOUNCEMENTS Acting Director Jackie C. Young Lind made a presentation to Kimberly A. Brosseau, Planner II, as follows: . Reported that Kimberly A. Brosseau came to City of Campbell from the Santa Clara County Planning Office. . Stated that Kimberly has been a wonderful addition to the Campbell Planning Division team and is appreciated by her colleagues and applicants. . Explained that recently Kimberly was recruited by the County to fill a vacant Parks Planning position. As this position offers Kimberly an opportunity to work as a planner ~Ius enjoy the outdoors, she was unable to turn this opportunity down and March 4 will be her last day with the City of Campbell. . Thanked Kimberly for her hard work and congratulated her on securing her "dream" job where she will work from her new office at Vasona Park. . Presented a Resolution of Appreciation and Acknowledgement that outlined Kimberly's contributions during her tenure. Ms. Kimberly A. Brosseau, Planner I, extended her thanks to Acting Director Jackie C. Young Lind for her leadership and mentorship. She also thanked her colleagues Tim Haley, Steve Prosser and Corinne Shinn and the members of the Commission. Chair Roseberry said that it was a pleasure for this Commission to work with Kimberly and wished her the best of luck. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS Chair Roseberry read Agenda Item No. 1 into the record as follows: Campbell Planning Commission Minutes for February 26, 2008 Page 3 1 . PLN2007 -142 (S) PLN2007.143 (TRP) Guinta, J. Public Hearing to consider the application of Mr. Jeff Guinta, on behalf of Innovative Concepts, for a Site and Architectural Review Permit (PLN2007-142) to allow a major remodel including a first floor addition, new basement and new second story and a Tree Removal Permit (PLN2007-143) to allow the removal of a protected tree (Ash) on property owned by Mr. Rick Crowley located at 1426 Walnut Drive 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 A. Brosseau, presented the staff report as follows: . Advised that the applicant is seeking Site and Architectural Review Permit approval for a substantial remodel of an existing single-family residence. . Described the Zoning designation as R-1-10 and the General Plan Land Use designation as Low-Density Residential. . Said that the home is stucco with shingle roofing and includes a large covered porch. . Reported that there is a two-story deck in the rear yard. Neighbors are supportive of this deck feature. . Said that a Chinese Pistache will be planted on site. . Informed that this project was reviewed by SARC at two meetings. . Recommended that the project be deemed Categorically Exempt under CEQA and that the Planning Commission adopt a resolution approving this Site and Architectural Review Permit. Commissioner Ebner provided the Site and Architectural Review Committee report as follows: . Said that SARC reviewed this project first on January 8th and had some concerns about this project as originally proposed as it was not consistent with the provisions of the San Tomas Area Neighborhood Plan (STANP). . Added that the applicant made revisions to the project and it was brought back to SARC on February 12th. . Advised that SARC is now supportive as its concerns have been addressed. Chair Roseberry opened the Public Hearing for Agenda Item NO.1. Mr. Jeff Guinta, Applicant: . Thanked the Commission for the opportunity to be here tonight. . Said he was thankful to Kimberly Brosseau and SARC and that they were comfortable with the changes required. . Added that he is available for any questions. Campbell Planning Commission Minutes for February 26, 2008 Page 4 Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3869 approving a Site and Architectural Review Permit (PLN2007-142) to allow a major remodel including a first floor addition, new basement and new second story and a Tree Removal Permit (PLN2007-143) to allow the removal of a protected tree (Ash) on property owned by Mr. Rick Crowley located at 1426 Walnut Drive, 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. *** Commissioner Rocha advised that he must recuse himself from Item 2 as he resides within noticing distance of the project site. He left the chambers and dais. Chair Roseberry read Agenda Item NO.2 into the record as follows: 2. PLN2007 -110 (PM) PLN2007 -111 (PD) Whiteside, G. Public Hearing to consider the application of Mr. Gregory Whiteside for a Tentative Parcel Map (PLN2007-110) to subdivide one property into two parcels and a Planned Development Permit (PLN2007 -111 ) to allow the construction of a new single-family residence and the remodel of an existing single-family residence on property owned by Mr. Gregory Whiteside located at 190 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 18, 2008. Project Planner: Kimberly A. Brosseau, Planner 1/ Ms. Kimberly Brosseau, Planner II, presented the staff report as follows: . Reported that the applicant is seeking a Planned Development Permit to allow the construction of a new single-family residence and the remodel of an existing residence and a Tentative Parcel Map to allow the creation of two residential lots. . Described the property as being zoned P-D (Planned Development) with the General Plan Land Use designation of Low-Medium Density Residential. . Said that the parcel is 8,700 square feet net. Parcel 1 consists of 4,620 square feet and Parcel 2 consists of 4,080 square feet. Campbell Planning Commission Minutes for February 26, 2008 Page 5 . Added that the homes are two-story traditional style in earth tone colors. . Reported that the Planning Commission reviewed this project at two meetings on November 27, 2008, and December 11, 2008. The applicant has addressed the concerns raised and made changes including revisions to the map and setbacks and improved architectural plan quality. . Said that this project should be found to be Categorically Exempt under CEQA. . Recommended that the Commission adopt two resolutions recommending that Council approve this Planned Development Permit and Tentative Parcel Map. . Added that the applicant is available. Commissioner Alderete asked staff what is the percentage of front yard hardscape. Planner Kimberly A. Brosseau said that it is less than 50 percent. Commissioner Alderete: . Said that he is glad to see the decorative pavers being used for the driveway. This goes a long way. . Pointed out that Condition #1 states the project shall match the dated plans, which includes use of decorative pavers in the driveway. However, Condition #5 (Driveway Materials) does not specifically list the requirement for decorative pavers just a decorative edge. Is this condition a leftover from the original proposal? Planner Kimberly A. Brosseau said she believes so. Commissioner Alderete suggested simply striking Condition #5 from the resolution. Chair Roseberry opened the Public Hearing for Agenda Item NO.2. Chair Roseberry closed the Public Hearing for Agenda Item NO.2. Commissioner Alderete thanked Mr. Gregory Whiteside for securing an architect as the plans look really great. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Ebner, the Planning Commission took the following actions: · Adopted Resolution No. 3870 recommending approval of a Planned Development Permit (PLN2007 -111) to allow the construction of a new single-family residence and the remodel of an existing single-family residence; and · Adopted Resolution No. 3871 recommending approval of a Tentative Parcel Map (PLN2007-110) to subdivide one property . into two parcels on property owned by Mr. Gregory Whiteside located at 190 Sunnyside Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons and Roseberry Campbell Planning Commission Minutes for February 26, 2008 Page 6 NOES: ABSENT: ABSTAIN: None None Rocha Chair Roseberry advised that this item would be considered by Council for final action at its meeting of March 18, 2008. Commissioner Rocha returned to the dais and chambers for Item NO.3. *** Chair Roseberry read Agenda Item NO.3 into the record as follows: 3. PLN2007 -43 (ZC) PLN2007 -44 (PD) PLN2007 -45 (TS) Mar, J. Public Hearing to consider the application of Mr. Jeff Mar, on behalf of Heritage Realty Group, for a Zone Change (PLN2007-43) from R-3 (Multiple Family Residential) and C-PD (Condominium-Planned Development) to P-D (Planned Development); a Planned Development Permit (PLN2007 -44) to allow the construction of five new attached town homes and a Tentative Subdivision Map (PLN2007 -45) to allow the creation of five residential lots and one common lot on property owned by Heritage Realty Group located at 258 & 268 Union Avenue in a P-D (Planned Development) Zoning District. A Mitigated Negative Declaration has been prepared for this project. Tentative City Council meeting date: March 18, 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 Zone Change from R-3 and C-PD to P-D; a Tentative Subdivision Map to create five residential lots and one common lot and a Planned Development Permit to allow five new attached town home units on property located at 258/268 Union Avenue. . Added that the two parcels together equal 16,000 square feet in size and are located between Apricot and West Valley Drive. The lots currently contain single- family residences. . Described surrounding uses as being multi-family residential to the east, west and south and single-family residential to the north. . Said that the underlying zoning requirements for this development are those of the R-3 Zoning District, which allows 21-27 dwelling units per gross acre or a total of nine units. The project as proposed is at 11.2 units per gross acre. . Reported that there is 700 square feet in open space per unit in a combination of private and common open space. . Said that the maximum height proposed is 35 feet, six inches and three stories. Lot coverage is 34 percent. Paving is 37 percent and landscaping is 29 percent. There are three different units: A-1 is 1,900 square feet; A-2 is 2,000 square feet and the three remaining interior units (Units B) are 1,800 square feet each. Campbell Planning Commission Minutes for February 26, 2008 Page 7 . Stated that the Subdivision Map creates five residential lots and one common lot. The applicant has been advised that the final map must be created with a common access lot and not an easement. . Said that siding and shingle roofing will be used. . Stated that the applicant proposes second floor decks with a trellis element for privacy. There is significant vegetation on the site. An arborist's report has been prepared and a Tree Protection Plan developed for all trees on site. . Said that the parking required is 3.5 spaces per unit or 18 spaces, five of which are covered. The site plan depicts 17 spaces, 10 uncovered and seven covered. A common trash enclosure is proposed in lieu of the 18th parking space. . Said that SARC reviewed this project on February 12th and the revisions proposed are included in the plans or within the conditions of approval. . Reported that an Initial Study was prepared. The review period was from January 16, 2008, through February 2, 2008. No comments were received. . Recommended adoption of resolutions recommending that Council adopt a Mitigated Negative Declaration, and approve a Zone Change, Planned Development Permit and Tentative Subdivision Map. Commissioner Rocha asked if there is enough clearance height to accommodate the optional car lift. Planner Steve Prosser replied that per Sheet A-2-1 b, the private deck above the garage area is stepped up from the second floor to allow a higher ceiling clearance for the garage. Commissioner Rocha advised that the applicant also owns the adjacent corner lot (at Apricot & Union). He questioned why this lot is not being incorporated into this development. Planner Steve Prosser said that different proposals were presented by the applicant prior to this current proposal that included this third parcel. Commissioner Gibbons: . Said that she does not see how the clearance height for the car lifts is sufficient but that is a Building Department issue. . Cautioned that elevation changes might be required as a result. . Asked staff if the common lot will include the sidewalk that owners will have to use to access their units from the garages. There is no direct access from the garage to the units. Instead they will have to walk around to their front doors. . Stated that the inclusion of private decks is a tough issue. . Reminded that the applicant did not agree with staff and SARC's request to remove the proposed second story balconies. Planner Steve Prosser said that the applicant feels that these balconies are integral to the project. Campbell Planning Commission Minutes for February 26, 2008 Page 8 Commissioner Ebner provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on February 12, 2008, and was not supportive. . Advised that SARC asked to bring the garage setbacks to 25 feet and to remove the balconies on the northern elevations. · Said that these changes were incorporated or revised. . Added that SARC questioned why the corner lot was not included in this development. It appears that these owners did not originally own this corner parcel but now they do. . Stated that the applicant is concerned with the Public Works improvements required both on Apricot and Union. Commissioner Alderete: . Said he wanted to further clarify the SARC position. . Reported that SARC had advised/asked the applicant to consider developing all three parcels together (including the corner parcel). . Added that it is obvious that this corner will one day be redeveloped. . Stated that SARC was not supportive as proposed without use of the corner lot. . Advised that he is not supportive as proposed without the use of the corner lot. Commissioner Ebner said that he loves the overall design. He added that from the street what is visible is the back of the buildings. Chair Roseberry said that the corner house will be an orphan and he too questions why the third (corner) property is not included in this project. Chair Roseberry opened the Public Hearing for Agenda Item NO.3. Mr. Jeff Mar, Applicant, Heritage Realty Group: . Said that this project was originally discussed with Planning staff in 2005. . Advised that at that time, there were not Planning issues but there were Public Works' issues including a required 10-foot street dedication on Apricot. This dedication did not allow for a measurable increase in density. . Added that he understands from PW staff that since others along Apricot have already made this street dedication, they doubt that Council would allow this application without that same street dedication. Commissioner Doorley asked what future this leaves for this corner lot. Will it allow a single project on this lot? Mr. Jeff Mar said that it is likely that the single-family home would be retained on site from here on out. He said that anyone who would seek to develop this site would have to give up the 10-foot street dedication and include a 20-foot required front yard setback. Therefore, the site would not accommodate much more than the existing single-family residence. Campbell Planning Commission Minutes for February 26, 2008 Page 9 Commissioner Doorley added, unless combined with other lots. Chair Roseberry asked how many other owners along Apricot have given the 10-foot dedication and what is the likelihood of enlarging Apricot Avenue. He asked if the existing setback for the residence on this lot is less than 20 feet. Planner Steve Prosser said he was not sure what the existing setback is for the home on the Apricot corner parcel. He advised that about half of the properties on Apricot have given the dedication. Chair Roseberry asked if that is on one side of the street or on both. Planner Steve Prosser replied both sides of the street. Chair Roseberry said that it is a checkerboard. Planner Steve Prosser replied yes. He added that per Public Works staff the widening of Apricot is not in the foreseeable future. Commissioner Alderete: . Pointed to the Land Use strategies in the staff report and said that some run counter to (contradict) what is proposed here. Others are not definitive. . Said that this is an opportunity to consolidate parcels which is a strategy directly from the General Plan. . Added that if these three parcels are consolidated, this applicant might get a density bonus or higher density units with concessions. Planner Steve Prosser: . Said that since the last SARC meeting, staff has worked with Public Works. . Reported that in the Pre-Application process the Public Works staff gives the toughest possible conditions so there are no surprises in the future. However, when a formal application is processed, not all the draft Pre-App conditions are actually imposed. Commissioner Ebner stated his agreement with Commissioner Alderete. He added that he is not sure why Public Works would want to enlarge Apricot Avenue. It is a short street that would just become a cut-through for traffic trying to avoid the intersection at Campbell and Union. Commissioner Gibbons said she also supports the previously stated comments. She said she agrees that this development creates an orphan parcel at the corner where it might be possible to add two to three more units with inclusion of this corner lot with this proposed development. She said that the applicant should be encouraged to explore including this corner parcel into their development plan. Commissioner Rocha said that the applicant owns all three lots and is looking for the highest and best interests. Campbell Planning Commission Minutes for February 26, 2008 Page 10 Acting Director Jackie C. Young Lind: . Said that she drew up a potential plan using the corner lot and approximately two additional units would be possible. . Said that using Apricot as a street side setback would result in less impact with the required Public Works dedication. Chair Roseberry asked the applicant to respond to the Commission's suggestions to incorporate the third (corner) parcel into this development project. Mr. Jeff Mar, Applicant, Heritage Realty Group: . Stated that they haven't explored use of the corner lot since 2005. . Added that they would like to proceed with their plan put forth this evening. . Reported that they oriented the project so the front doors don't face onto Union Avenue, a busy street. It has they same orientation as the corner house. Commissioner Gibbons asked Mr. Jeff Mar if he would consider a continuance to explore inclusion of the corner parcel as part of this project. Mr. Jeff Mar: . Said that they have looked at it. . Added that it may possibly allow two to three more units but there is no definitive answer to the Public Works' conditions. . Said that from a time perspective, they prefer to run with what they have. Commissioner Gibbons asked about the proposed amount of site grading and whether there would be a change in grade. She noted the swales depicted on the plans. Mr. Jeff Mar said that the site grading would not change tremendously. The site is fairly flat/level and is not in a flood zone. Commissioner Gibbons said that it appears they will build up the site, drain water into collection areas and pipe it out. Mr. Jeff Mar said that the pad level is approximately the same. A storm water culvert will be located close to the property line near the single-family residence at Apricot. Commissioner Gibbons once again asked if they don't anticipate raising the grade. Mr. Jeff Mar said again, not tremendously. There will be no major change to grade of this site. Commissioner Gibbons said she reads the plan as creating an approximately two-foot increase in grade, from 94 to 96. Ms. Susan Deason, Resident on Apricot: . Said that her concern is with the proposed roofline. It is too high. Campbell Planning Commission Minutes for February 26, 2008 Page 11 . Added that it would block her view of the Santa Cruz Mountains, cast shadow and take away her summer breeze. . Stated that she is concerned with having three-stories where there are only one and two-story structures at this time. Chair Roseberry closed the Public Hearing for Agenda Item No.3. Commissioner Ebner said he wished Public Works was here tonight. He said that he is concerned with the potential for cut-through traffic and speeding on Apricot where it to be widened. He suggested a continuance of this item. Commissioner Rocha pointed out that this applicant is trying to get his project before Council. Commissioner Gibbons said that the building heights for this project range between 26 and 35 feet. She asked staff what the height limitations are in this area. Planner Steve Prosser replied 40 feet. Commissioner Gibbons asked Planner Steve Prosser if he is aware of the height of the adjoining property. Planner Steve Prosser replied no. Commissioner Doorley reminded that the applicant has already been asked if he wants to continue or go forward with their request. The applicant wants to go forward with this project. He added that the Commission needs to look at the project in front of us. Commissioner Alderete: . Stated his concurrence and advised that he made the same comments to this applicant at the SARC meeting. . Added that if they didn't own this third parcel, this Commission would not be able to look at the potential of incorporating it into the project. . Pointed out that leaving the third parcel out flies in the face of the General Plan. . Said that he wants to advise Council to study the General Plan very carefully. . Advised that he would not support this application. Commissioner Gibbons: . Stated her agreement with Commissioner Alderete. . Asked staff to review a broader range of General Plan policies to assist Council in understanding the Planning Commission's comments heard tonight. Acting Director Jackie C. Young Lind: . Pointed to Conclusionary Finding No. 2 that states this project "offers harmonious development of an immediate area," which is not something that this Commission appears to agree with in regards to this proposal. Campbell Planning Commission Minutes for February 26, 2008 Page 12 . Suggested that the Chair re-open the Public Hearing and ask the applicant to verify that they are not willing to consider a redesign plan. Commissioner Alderete said he is fine with that suggestion although this would be the third time this question is asked including once at SARC and once earlier tonight. Chair Roseberry asked why this should occur. Acting Director Jackie C. Young Lind said that if the Planning Commission denies this application and Council upholds that action, there is no further appeal available to this applicant for this specific development proposal. Planner Steve Prosser advised the Commission that upon consultation with the applicant, they are in favor of a continuance at this time. Commissioner Gibbons said that the issue is clarity with the Public Works' conditions. She suggested helping this applicant get to the right answer. Commissioner Alderete said that if Public Works says that this applicant must comply, they will find themselves in the same situation. He added that the answer is to look at the policies and strategies of the General Plan in making a decision here. Commissioner Doorley agreed, saying that the Commission will still have the same options as it has now. He added that it is a good idea to continue this item. Chair Roseberry reopened the Public Hearing for Agenda Item NO.3. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gibbons, the Planning Commission CONTINUED TO A DATE UNCERTAIN the proposed Zone Change, Planned Development Permit and Tentative Subdivision applications for property owned by Heritage Realty Group located at 258 & 268 Union Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: *** Campbell Planning Commission Minutes for February 26, 2008 Page 13 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 on February 19th Council held a Study Session with Public Works regarding the East Campbell Avenue Master Plan (ECAMP) Implementation and at the Regular Meeting took second reading of the PD Permit for 100 S. Second Street. . Advised that the next Planning agenda has four items including a residential addition; PD development on Sunnyside; residential remodel and Text Amendment regarding recreational uses in industrial zones. Commissioner Doorley asked Acting Director Jackie C. Young Lind to elaborate on the direction given regarding ECAMP. Acting Director Jackie C. Young Lind: . Said that there were three major issues discussed regarding the ECAMP: 1. The method employed for multi-method transportation lanes under the Highway 17 overpass. 2. How the existing bridge over Los Gatos Creek would be widened: . Option One is to leave the rail and use a cantilevered extension (requires two rails on each side). . Option Two is removing the rail and extend the bridge out. 3. The median in front of the hotel. Commissioner Rocha cautioned that with the hotel approval the Commission spent a lot of time on the issue of the median. Commissioner Alderete said he was at the ECAMP Study Session held by Council. He added that he was disappointed that it was not brought back to the Planning Commission. He asked what is the possibility that this item could be handled by Council as a Consent Calendar item. Acting Director Jackie C. Young Lind said that she did not believe that would happen given the community input and interest. City Attorney Bill Seligmann suggested that this discussion conclude now as this is a non-agendized item and it is becoming a substantive discussion. Commissioner Gibbons encouraged staff not to bring lot splits to the Commission in the future where there is an easement proposed instead of a flag lot configuration. ADJOURNMENT The Planning Commission meeting adjourned at 9:13 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of March 11, 2008. Campbell Planning Commission Minutes for February 26, 2008 Page 14 SUBMITTED BY: c 'A. Shinn, Recording Secretary APPROVED BY: ;f!;;t ~, Bob Roseberry, Chair ATTEST: