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