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PC Min - 09/23/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 23, 2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 23, 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: Bob Roseberry Gary Gairaud Elizabeth Gibbons Michael Rocha Commissioners Absent: Commissioner: Vice Chair: Bob Alderete Mark Ebner Staff Present: Principal Planner: Assistant Planner: City Attorney: Recording Secretary: Jackie C. Young Daniel Fama William Seligmann Corinne A. Shinn APPROVAL OF MINUTES As there was not a quorum available at this meeting to adopt the minutes of the August 26, 2008, meeting since two Commissioners present this evening must recuse themselves from voting on them, adoption of these minutes was deferred to the next meeting to be held on October 14, 2008. COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Campbell Planning Commission Minutes for September 23, 2008 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. PLN2008-125 Duchich, M & B Public Hearing to consider the Appeal (PLN2008-125) of Marko and Bozana Duchich of an Administrative Action of the Community Development Director denying front yard paving in excess of 50% for a residence on property owned by Marko and Bozana Duchich located at 855 Emory Avenue in an R-1- 16 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final. Project Planner: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: . Advised that the appellant is appealing an Administrative Action of the Community Development Director that denied front yard paving in excess of 50 percent per the standards of the Zoning Code and San Tomas Area Neighborhood Plan. . Explained that plans for a new residence were approved by the Planning Commission on May 23, 2006. The approved site included an unpaved front yard but upon final inspection the front yard was found to be heavily paved to accommodate a circular driveway. . Reported that paving in excess of 50 percent can be allowed if a finding can be met that said paving is necessary to achieve safe ingress/egress. . Said that the appellant decided to request approval to allow this paving to be retained at an approximate coverage level of 58 percent. . Stated that the Community Development Director found that paving in excess of 50 percent is not necessary to provide save ingress/egress. . Informed that following that action the appellant appealed the Director's decision to the Planning Commission. The applicant makes the case that this paving is necessary to provide safer ingress/egress from his property. He has provided letters of support from his neighbors. . Advised that the Commission may find that this paving is necessary to provide safe ingress/egress or could find that this paving is not necessary to provide safe ingress/egress and deny the appeal. . Stated that the action of the Planning Commission would be final. . Added that the appellant is present. Commissioner Gairaud asked if the crushed granite is counted as landscape or hardscape area. Planner Daniel Fama said it is more like landscaping than paving. Campbell Planning Commission Minutes for September 23, 2008 Page 3 Commissioner Rocha sought clarification that this issue before this Commission is whether to overturn the Community Development Director's denial of this excessive paving. The Commission must decide whether this paving enhances or does not enhance ingress/egress to the site. Planner Daniel Fama replied correct. Commissioner Gibbons agreed that the question is whether this paving is necessary to provide safe ingress/egress. She clarified that the decomposed granite material is not landscaping but rather it is hardscape. Planner Daniel Fama said that if so the total hardscape would be increased beyond the estimated 58 percent. Chair Roseberry opened the Public Hearing for Agenda Item NO.1. Ms. Sue Tachovsky, Resident on Emory Avenue: . Advised that she moved to Campbell in 1975 and has seen a lot of changes and improvements. Some are wonderful others not so much. . Said that she lives diagonally from the Duchich's home. . Stated that she is very pleased with the remodel. . Added that she hopes that they will be allowed to retain their hardscape as it all looks wonderful. . Reiterated that this is such an improvement over the old house. Mr. Bruce Powell, Resident on Emory Avenue: . Said he is a neighbor from across the street. . Distributed some photographs. . Pointed out that a 25-foot setback is required for the front of the house. . Added that this home has a 75-foot frontage with most of the house set back further than the required 25-feet using a stepped back design. Therefore the front setback is met and exceeded. . Said that the property is professionally landscape. . Reported that this area is a walkers' area and there are no curbs, gutters and sidewalks and therefore no delineation as to where the public right-of-way starts. . Advised that there is a large pepper tree that blocks visibility for Marko when exiting his driveway. . Pointed out that the parcel is 100 feet wide and can accommodate a circular driveway to allow safe ingress/egress. . Clarified that this home is single-story rather than two-story as mentioned in the staff report. Mr. Marko Duchich, Appellant/Property Owner: . Said he lived next door to this site since 1977 until just recently and is now waiting to move into his new house. . Stated that he loves this neighborhood. Campbell Planning Commission Minutes for September 23, 2008 Page 4 · Said that he and his wife like the Mediterranean style and have incorporated that style with their landscaping. · Pointed out that the pavers used are more expensive than asphalt. · Added that what they have here is about 200 extra feet of pavers. They are more aesthetic and appealing than are asphalt or concrete as well as being permeable. They include gaps with sand between each paver. · Reported that backing a car out of a driveway becomes more difficult as one is aging. · Added that there is no visibility when his neighbor parks in his driveway (as he has the right to do). · Said that use of the circular driveway offers him a safer way to exit his property. · Stated his wish that this Commission could see his property in person. Chair Roseberry assured Mr. Marko Duchich that most Commissioners have driven by to see the property. Mr. Marko Duchich said he can understand the reason for having limits in the Code but he feels that in this case it does not appear excessive. He thanked the Commission for listening. Commissioner Rocha asked Mr. Marko Duchich at what point the decision was made to deviate from the approved site plan. Mr. Marko Duchich said that he was not aware it was a violation to change this. He instead thought he was doing a good thing. Commissioner Gibbons asked Mr. Marko Duchich what the rationale was for the use of decomposed granite at the south side of the house. Mr. Marko Duchich replied that the garbage cans would be located there. Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Commissioner Gibbons: . Said that she needs more help from staff on some of these points. . Stated that nothing is simple and much is invested here. . Stressed the need to be careful in how this issue is reviewed. . Reported that she had Planner Daniel Fama pull the diagram from the STANP. . Added that Emory has no curbs, gutters or sidewalks. . Said that staff provided a site plan of the project as approved and the original walkway to the front door was narrower. Additionally, the driveway was 12 feet wide whereas what was installed appears to be between 15 and 16 feet in width with apparent encroachment into the right-of-way. . Asked staff how the hardscape area is calculated and whether 25 feet is the required front setback. Campbell Planning Commission Minutes for September 23, 2008 Page 5 Planner Daniel Fama replied yes for the R-1-16 Zoning District the required front setback is 25 feet. Commissioner Gibbons asked how calculations are handled when most of the home's frontage is set back beyond the 25 foot distance. Principal Planner Jackie C. Young advised that the area looked at as being the front setback area just includes the 25 foot distance set back from the front property line. Commissioner Gibbons reiterated that the issue under consideration is a safety issue. She pointed out that the original plan allowed for a generous driveway and back up area. Planner Daniel Fama explained that this site plan was developed before a secondary dwelling unit was built at the rear of this property at the northwest corner with a garage in the rear. Drivers would have to reverse all the way back from that garage. Chair Roseberry asked how large the second unit is. Planner Daniel Fama said that it is approximately 640 square feet with an attached one-car garage and patio area. Commissioner Gibbons said that it makes more sense now as she had seen the long driveway and was unclear as to its purpose. She reiterated that the use of decomposed granite is hardscape. Commissioner Rocha: . Said that from his site visit and analysis, he has no problem with the ingress/egress issue. . Stated that allowing additional paving does not make it any easier to get in and out. . Declared this to be the best looking home on the street with the best landscaping. . Added that the Duchich's have lots of friends having had 13 people sign letters of support. . Reported that he lived in the nearby area for about 20 years. . Advised that he cannot overturn the Director's decision. Commissioner Gairaud: . Advised that he went by this property twice. . Said that the issue under consideration is the ease of ingress/egress. . Said that it is hard not to take in all the other factors. . Reported that he went by today. . Informed that the reason for having a 50 percent landscape/50 percent hardscape standard is to the site doesn't look too massive. . Agreed that this is an absolutely beautiful home with a very functional driveway but it looks large. . Suggested a compromise such as taking out sections and putting in trees instead. Campbell Planning Commission Minutes for September 23,2008 Page 6 . Said that perhaps palms could be removed and replaced with larger trees to provide more shielding of visibility from the street. . Stated his belief that this applicant had every intention to do the right thing. . Pointed out that the property owner could have simply put this additional paving in at a later date after receiving final sign off and this Commission might not have seen this. . Said that due to the support of the neighbors and the good intentions of this property owner he will support allowing this additional paving as being the best decision for this project. Commissioner Gibbons asked staff if the trees are on the property itself or on the public right-of-way. Planner Daniel Fama said they should be within the property line but would have to defer to the property owner. Chair Roseberry: . Stated that this is a beautiful home located on a nice quiet street. . Said that making this decision is kind of tough. . Reminded that rules are set up for specific purposes. . Added that although one may ask why draw the line where it is, the answer is the City has selected 50 percent and put that requirement into its Code. . Pointed out that the layout of the driveway could have been narrowed and resulted in less than 50 percent in paved area. . Stated that while he feels for Mr. Duchich in having to undergo an expense to rearrange this paving, this Commission is here to review adherence to the Zoning Code. . Said that only if there is some extraordinary circumstance with a property that the Commission can allow more. . Stated that ingress/egress does not hinge on this. . Said that Mr. Duchich seems like a very nice man. . Advised that he drove by the site several times as his kids go to school nearby. . Pointed out that if one person is allowed to exceed coverage, others would also have to be allowed to exceed. . Stated that for that reason, he would vote to uphold the Director's action to deny front yard paving in excess of 50 percent. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3909 denying an Appeal (PLN2008-125) of an Administrative Action of the Community Development Director upholding the denial of front yard paving in excess of 50 percent for property owned by Marko and Bozana Duchich located at 855 Emory Avenue, by the following roll call vote: AYES: Gibbons, Rocha and Roseberry NOES: Gairaud Campbell Planning Commission Minutes for September 23, 2008 Page 7 ABSENT: Alderete and Ebner ABSTAIN: None Chair Roseberry advised that this action is final. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions by Principal Planner Jackie C. Young: · Reported that at its meeting of September 16, 2008, Council took action to adopt guidelines for development near streams; granted an appeal to overturn the Planning Commission's denial of a Sign Exception for KFC/Long John Silvers; and approved a Text Amendment regarding Historic Preservation with the removal of the appealable decision aspect, which will be reviewed further at a future date. · Advised that there is an application for a personal training facility set for hearing at the next Planning Commission meeting. Commissioner Gairaud asked for more information on what the guidelines for development near streams are about. Principal Planner Jackie C. Young advised that the guidelines provide criteria on how to incorporate improvements and deal with issues such as runoff, etc. These guidelines were provided by SCVWD and all other Santa Clara County cities have adopted them. Commissioner Rocha said that as he was absent from the last meeting he wanted to extend his personal thanks to Commissioner Doorley for his eight years of service on this Planning Commission. He represented the community well and will be missed on this Commission. Commissioner Gibbons asked what is going in across from A Tool Shed. Commissioner Rocha replied a veterinary care clinic. ADJOURNMENT The Planning Commission meeting adjourned at 8:14 p.m. to the next Regular Planning Commission Meeting of October 14, 2008. Campbell Planning Commission Minutes for September 23, 2008 Page 8 SUBMITTED BY: APPROVED BY: ATTEST: ~rding Secretary -'j ()&; 6rfb ~(fU,/< Bob Roseberry, Chair ~.x~ Jackie C. y~g, Acti ecretary