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PC Min - 11/11/2008CITY OF CAMPBELL PLANNING COMMISSI01~ MINUTES 7:30 P.M. NOVEMBER 11, 2008 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of November 11, 2008, was Galled to order at 7:35 p.m., in the Council Chambers, 70 North First Street, Cam blell, California by Chair Roseberry and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Bob Ros berry Vice Chair: Mark Eb air Commissioner: Bob Ald rate Commissioner: Gary Gai dud (arrived late) Commissioner: Elizabet Gibbons Commissioners Absent: Commissioner: Michael Staff Present: Acting Director: Jackie C Young Assistant Planner: Steve Pr sser City Attorney: William e~igmann APPROVAL OF MINUTES Motion: Upon motion of Commissioner Gibbons, Commissioner Ebner, the Planning Commission meeting of October 28, 2008, were approved as s Commissioner Gairaud and Rocha were absent) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS seconded by minutes of the emitted. (4-0-2; There were no agenda modifications or postponements. Campbell Planning Commission Minutes for November 11, 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. PLN2008-62 Hilovsky, R. Public Hearing to consider the applicati n of Mr. Richard Hilovsky for a Site and Architectural Revie Permit (PLN2008- 62) for approval of a 1,746 square foot irNgle-story addition (with 984 square feet of uninhabitable atti 'storage space) to an existing 2,005 square foot single-fa ily residence on property owned by Mr. Richard Hilovsk located at 1765 Regina Way in an R-1-9 (Single Family residential) Zoning District. Staff is recommending that this ~oject be deemed Categorically Exempt under CEQA. PI r~ning Commission action final unless appealed in writing to t e City Clerk within 10 calendar days. Project Planner: Steve Prosser, Assistant Planner Mr. Steve Prosser, Assistant Planner, presented the staff report as • Reported that the applicant is seeking Site and Architectural allow the construction of a 1,746 square foot addition, includin uninhabitable attic storage space, for an existing single-st existing singe-story residence located on Regina Way. • Described the project site as being on the north side of Re Harriet and Le Loma Drive. It is surrounded on all side residences. • Said that the General Plan Land Use designation is Low C the Zoning designation is R-1-9. The site is subject to the Tomas Area Neighbofiood Plan. lows: tleview approval to X84 square feet of ry addition on an a Way, between by single family Residential and ,ions of the San • Advised that the net lot is 11,220 square feet. The proposed FAR is .33 without counting the attic storage space. A maximum FAR of .45 is alloy • Stated that if the attic space were to be converted into habitable the FAR would become .42, which is also in compliance. • Said that the proposed maximum height is 25 feet, 10 inch allowed height is 28 feet. • Informed that the nine protected trees on site would be preserve • Explained that the San Tomas Area Neighborhood Plan allows along existing building lines. The applicant is proposing to along the existing five-foot setback where eight to 10 feet would • Stated that the project depicts a large residence incorporatii stone veneer wainscoting, composition shingle roof and covered pace in the future, The maximum additions to extend :xtend the building 5e required. ~g stucco, cultured porches. Campbell Planning Commission Minutes for November 11, 2008 Page 3 • Said that SARC reviewed this project on October 28~' and th it revision requests have been incorporated into the conditions of approval excep for the request for neighbor outreach. • Recommended that the project be deemed Categorically Exem 1~ under CEQA and that the Commission adopt a resolution granting a Site and rdhitectural Review Permit with conditions of approval. Commissioner Gibbons said she wanted to clarify the provision of irking. It appears the information on the staff report is inversed. The actual require~ri'ent is four spaces with one covered. Planner Steve Prosser said that is correct. Commissioner Gibbons asked if she reads the plans correctly tha~ the existing house overhangs by a fraction on the property line. Planner Steve Planner said yes, he believes so. Commissioner Gairaud asked staff what the FAR standard is for the San Tomas Area Neighborhood Plan. He said that in the staff report it is mentioned hjat the FAR meets the City Code. He suggested including text in future reports for p o~ects falling within the STANP that the FAR meets the standards of the STANP. Planner Steve Prosser replied .45 is the maximum allowed FAR standard citywide. He agreed that this detail could be clarified in fu Commissioner Ebner presented the Site and Architecture Review C follows: • SARC reviewed this project on October 28, 2008. • Advised that SARC requested an alternative design for th incorporate acarriage-style door. • Added that SARC asked for details that demonstrate that the p overhang the porch. • Said that SARC also suggested that the applicant do som neighbors, informing them of this proposed project. • Stated that requiring a deed restriction for the uninhabitable was also discussed. However, staff is not requiring a deed rep as the owner would need a building permit to convert said inh~ into habitable living space. Chair Roseberry opened the Public Hearing for Agenda Item No. 1. Chair Roseberry closed the Public Hearing for Agenda Item No. 1. Ind it is the same ~re reports. ittee report as ~'~ garage door to columns don't outreach to the storage space on at this time ale attic space Commissioner Gairaud: • Stated that this has the potential for being a beautiful home. Campbell Planning Commission Minutes for November 11, 2008 • Reported that he did a site visit and found it is a very wide Ranct • Admitted that the Commission can't do anything with the side sed • Added that he likes the idea of requiring a deed restriction on space. Commissioner Ebner asked staff if they had met with the regarding the porch columns as SARC had suggested. Planner Steve Prosser replied no. Commissioner Gibbons: • Reported that she had discussed the size of the attic with staff e~ • Added that it is not this owner but perhaps subsequent owners challenge. • Pointed out that the current plan does not show a door that close • Suggested that the architect be asked to place a door there to ca space is separate from the habitable space. • Said that she does not want to impose a deed restriction if it is n said that she just wants to see some method of ensuring that sought in the event that this uninhabitable space is to be conv space. • Reiterated her preference for a door to close off this attic space' architect be called back to address this issue. Chair Roseberry re-opened the public hearing for Agenda Item No. Mr. Bruno Marcelic, Project Architect: • Thanked the Commission for considering this application. • Confirmed that a wall around the stairway and door would be the attic space. Commissioner Alderete asked if this is currently reflected in the dr Commissioner Gibbons replied no. Chair Roseberry re-closed the public hearing for Agenda Item No. 1, Commissioner Gibbons suggested adding the requirement to close as a condition of approval. Motion: Upon motion of Commissioner Gibbons, Commissioner Alderete, the Planning Comi Resolution No. 3915 approving a Site and Arc Permit (PLN2008-62) to allow a 1,746 square addition (with 984 square feet of uninhabitable at to an existing 2,005 square foot single-family resit Page 4 home. >. uninhabitable and architect tier. are always the off the attic. firm that this attic necessary. She ermits would be :d into habitable asked that the to close off the attic space seconded by ~sion adopted ectural Review ~t single-story storage space) ice on property Campbell Planning Commission Minutes for November 11, 2008 '~ Page 5 owned by Mr. Richard Hilovsky located at 1765 ~ ina Way, with a modification to Condition 2 that requires the appr~ ed project plans to include the enclosure of the attic space with a ~, oor between the first floor and uninhabitable attic space, by the ~ Ilowing roll call vote: AYES: Alderete, Ebner, Gairaud, Gibbons anld Roseberry NOES: None ABSENT: Rocha ABSTAIN: None Chair Roseberry advised that this action is final unless appealed i~h writing to the City Clerk within 10 calendar days. He added that this looks like a beauiri ul home. *** Commissioner Gairaud asked staff if he must recuse himself from ~ rticipation in Item 2 based on a conversation he had with Acting Director Jackie C. Yoju g recently. Acting Director Jackie C. Young replied no, he is fine to participate. Chair Roseberry read Agenda Item No. 2 into the record as follows:'', 2. PLN2008- Public Hearing to consider the application ' Mr. David Sousa 58/59/153 for a Planned Development Permit LN2008-58) and Sousa, D. Tentative Parcel Map (PLN2008-59) to all the construction of four single-family homes on a private) rive and a Tree Removal Permit (PLN2008-153) to allow ~t a removal of six trees on property owned by David and Jars an Sousa located at 45-67 Kennedy Avenue in a P-D (Plan ed Development) Zoning District. Staff is recommending t~ t this project be deemed Categorically Exempt under CE(~' Tentative City , Council Meeting Date: January 6, 2009. Planner: Steve Prosser, Assistant Planner Mr. Steve Prosser, Assistant Planner, presented the staff report as fo lows: • Reported that the applicant is seeking a Planned Development ermit to allow the construction of four detached, small lot, single-family residences; Tentative Parcel Map to allow the creation of four residential lots and one Comm n lot; and a Tree Removal Permit to allow the removal of six trees. • Said that the project site consists of two parcels totaling 16,800 s uare feet located on the north side of Kennedy Avenue, between Winchester an Industrial. It is currently developed with single-family structures that would be removed prior to issuance of the final map. • Stated that the property is zoned P-D (Planned Development). PD Permit must be approved by Council. In a P-D Zone there is no minimum to size requirement but the proposal must be consistent with surrounding uses. The roposed lot sizes on this project are consistent with other developments along Ken edy Avenue. Campbell Planning Commission Minutes for November 11, 2008 Page 6 • Said that the General Plan Land Use designation is Medium-D that allows between 14 and 20 units per gross acre. This dens for apartments, condominiums or townhouses. The proposed d per gross acre and falls well below the maximum allowed for th the proposal is in conformance with the density range. • Stated that the applicant seeks a parcel map to create four reside common lot that will incorporate a common driveway, parking and • Reported that the homes incorporate traditional building forms and hip roof elements and divided light windows. Building materi~ combinations of shake, siding, horizontal siding and cultured s wood trim for windows. • Added that the applicant is requesting the removal of six trees. trees have been incorporated into the preliminary landscaping pla • Said that the parking is 3.5 spaces per unit with one covered. Th 14 off street parking spaces, four of which are covered. Fourt~ eight covered and six uncovered. • Said that SARC reviewed this project on October 28, 2008, and tF been incorporated into the conditions of approval. • Provided updated information regarding SARC's recommendatio proposed second story balconies. However, upon extensive cos Building Official, it was learned that in order to enclose the balcon the sliding doors from the master bedrooms onto this space, a ; required from the balcony to the ground floor in order to maim exiting. • Added that another option could be the removal of the sliding gl; the bedroom and balcony to allow for an enclosed seating area. • Advised that he had spoken with the applicants and they respec the Planning Commission review the project as proposed balconies. • Recommended that the project be deemed Categorically Exempt. • Suggested the adoption of three resolutions recommending tha~ take the following actions: approve a Planned Development P~ construction of four detached, small-lot single-family resides Tentative Parcel Map to create four residential lots and one comr a Tree Removal Permit to allow the removal of six trees. Commissioner Ebner presented the Site and Architecture Review follows: • SARC reviewed this project at its meeting on October 28, 2008. • Said that Item 1 is a moot point as the applicant wants the prc "as is." • Stated that SARC requested that the fence height be reduced w from the front property line. The rest of the fencing shall be no r height unless a Fence Exception is submitted to allow a lattice e • Reported that SARC had asked that the applicant meet with advise them of his proposed project plans. ~nsity Residential ty is usually used ;nsity is 8.5 units s site. Therefore ntial lots and one landscaping. gat include gable Is include varying one, corbels and Six 24-inch box project requires n are provided, r revisions have ~ to eliminate the sultation with the es while retaining fairway would be yin adequate fire door between ly request that ~ the existing the City Council ~mit to allow the ;es; approve a on lot; and grant report as to be reviewed in the first 15 feet re than six-feet in ;nsion. is neighbors and Campbell Planning Commission Minutes for November 11, 2008 Page 7 Chair Roseberry opened the Public Hearing for Agenda Item No. 2. Mr. Bruno Marcelic, Project Architect: • Said he wanted to speak in defense of the proposed balconies. • Assured that his clients are sensitive to privacy issues but also nt to create units that are attractive to buyers and are marketable. • Said that balconies are a good idea that offers aesthetic valu and makes the building look better from the back. • Said that in recognition of privacy, they already propose to pla t trees in front of each balcony (included on the landscape plan) and could modify their proposed trees with larger, faster growing evergreen trees. • Distributed photographs of the houses to the rear. They are s parated from this property by an alley and their own backyards. These yards ar currently serving more as storage yards and do not appear to be used much as ba kyard space. • Said that from his experience, balconies off master bedrooms are not really used all that much although they are considered desirable features. • Proposed that the balconies be allowed to be retained as designe . Chair Roseberry clarified that the porches are obscured from 42-inch Mr. Bruno Marcelic agreed, saying that half is already concealed. Chair Roseberry asked if all balconies are on the north end of the prc Mr. Bruno Marcelic replied yes. He added that the units are fairly v privacy impacts from these balconies. Commissioner Ebner clarified that SARC's concern was for the rather than the front units (1 and 1), which would not have behind. Commissioner Gibbons verified that the covered porches for the square feet while the front units have porches that are 237 square fe Mr. Bruno Marcelic confirmed that the front unit porches are much two different house designs and the porches in the back are smaller. Commissioner Gibbons pointed out that the lot coverage varie coverage is inclusive of the common driveway. Chair Roseberry closed the Public Hearing for Agenda Item No. 2. Commissioner Gibbons: • Offered a couple of observations. on down. protected from c units (3 and 4) cy impacts from units are 54 There are but the overall Campbell Planning Commission Minutes for November 11, 2008 Page 8 • Reported that this project challenged her a little bit although it is of unlike others in the immediate area. • Listed her number one observation as being the parking. The equirement is 3.5 spaces per unit but the way the site is laid out, some units have two spaces while others have four. Therefore, the front units have less parking. T at is worth noting. • Said that one issue is balance and said that she is okay with the internal balconies but the back ones bother her because of experiences of friends nd neighbors with nearby balconies. The issue is not as much visual impact but mo a noise impact. • Reiterated that she feels challenged by the two rear balconies an would like to see them go away. • Added that she wants to make sure that the applicant is awa a of the pending adoption of the Winchester Boulevard Master Plan. The parcel to the east of this project site (currently a car wash) has the potential for redevelop ent. Commissioner Ebner said that this issue did come up at SARC b~t agreed that it is important to reiterate that fact to this applicant. Chair Roseberry asked if the square footage of porches gets coun~ed as part of the FAR. Planner Steve Prosser said that covered porches are counted again$t lot coverage but not FAR. Commissioner Gibbons said that this is a very good question. She aid that she didn't realize the distinction and thinks that this square footage perhaps sh uld be counted in FAR. Commissioner Gairaud asked if it gets counted in FAR if the baronies were to be glass enclosed. Chair Roseberry replied yes. He agreed that a change could be considered in the future. Commissioner Gibbons verified that the second floor porches are of reflected in the FAR analysis. Chair Roseberry replied correct. Commissioner Alderete: • Stated that the balconies appear to bean issue. • Said that he first wants to remark that overall this is a nice I oking project. It reflects the quality of another project designed by this architect onstructed at the corner of Kennedy. • Advised that he sat on SARC and what they were trying to a complish with the enclosure of the balconies was another level of privacy as I ng as it was not hampered by building code considerations. Campbell Planning Commission Minutes for November 11, 2008 Page 9 • Added that for him personally, since it really cannot be enclo ed without major modifications, keeping these balconies open is not a sticking poi t with him. He is still okay with the project as is. He said that on the front units, i s "buyer beware." On the back units, there is an alley behind and large backyards b yond that. • Said that as the balconies are off the master bedrooms, any otential for noise impacts is more likely to impact these units as generated from t e existing houses when owners are using their backyards. • Reiterated that he is okay with the project as presented. Commissioner Gibbons questioned the requirement for a second tairway out if the balconies are enclosed. She suggested that bigger windows could a included so this enclosure is still possible. Acting Director Jackie C. Young advised that the Building Official's oncern existed if the sliding glass doors were to remain between the master bedroom and the enclosed balcony space. If so, with regards to egress from the master be room, occupants would have to exit the bedroom into another enclosed room resultin in two exit points before emergency egress. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gairaud, the Planning Commi sion took the following actions: • Adopted Resolution No. 3916 recommendin that the City Council approve a Planned Development Permi (PLN2008-58) to allow the construction of four single-family ho es on a private drive; • Adopted Resolution No. 3917 recommendin that the City Council approve a Tentative Parcel Map (PLN2 08-59) to create four residential lots and one common lot; and • Adopted Resolution No. 3918 recommendin that the City Council grant a Tree Removal Permit (PLN2008 153) to allow the removal of six trees on property owned by D vid and Janean Sousa located at 45-67 Kennedy Avenue; by the following roll call vote: AYES: Alderete, Ebner, Gairaud and Roseber NOES: Gibbons ABSENT: Rocha ABSTAIN: None Campbell Planning Commission Minutes for November 11, 2008 Page 10 Chair Roseberry advised that this item would be considered by the City Council at its meeting of January 6, 2009. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Jackie C. Young, Acting Community Deg was accepted as presented with the following additions: • Announced that the meetings of November 25, 2008, and Dece cancelled due to their proximity to holidays. • Reported that two items are pending for the December 9, 2008, medical use proposed for 2165 S. Bascom Avenue. The s request for a Modification to a PD Permit for a property locat~ Road. • Reminded that a study session will occur immediately follov meeting to continue the discussion of the proposed Downtown A Commissioner Gibbons said she wanted to follow up on the issue porches against FAR. Acting Director Jackie C. Young advised that neither cover porches currently included in FAR. Commissioner Gibbons clarified that anything covered is included ii not FAR. She said that she would like to see where this is covered added that perhaps this issue should be re-evaluated. Acting Director Jackie C. Young said it is included in the definiti added that she will add this item on the list of potential issues that with the next update to the Zoning Code. ADJOURNMENT pment Director, ber 23, 2008, are ;eting. One is a end project is a at 310 Redding this evening's of Policy. counting covered nor attic space is i lot coverage but in the Code. She section. She be considered The Planning Commission meeting adjourned at 8:15 p.m. imme lately to a study session and subsequently to the next Regular Planning Comm ssion Meeting of December 9, 2008. SUBMITTED BY: Corinne A. hinn, Recording Secretary APPROVED BY: Bob Roseberry, Ch ATTEST: ackie C. Yo ng, Act' Secretary