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PC Min - 12/09/2008CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. DECEMBER 9, 2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of December 9, 2008, was called to order at 7:35 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Roseberry and the following proceedings were had, to wit: TUESDAY Rni i cni i Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Bob Roseberry Mark Ebner Bob Alderete Gary Gairaud Elizabeth Gibbons Michael Rocha Commissioners Absent: Staff Present: APPROVAL OF MINUTES None Acting Director: Jackie C. Young Acting Principal Planner: Tim J. Haley Assistant Planner: Daniel Fama City Attorney: William Seligmann Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission minutes of the meeting of November 11, 2008, were approved as submitted. (5-0- 0-1; Commissioner Rocha abstained) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Campbell Planning Commission Minutes for December 9, 2008 Page 2 ORAL REQUESTS There were no oral requests. SPECIAL RECOGNITION Sharon Fierro Commissioner Gibbons asked that there be a moment of silence in honor of Sharon Fierro. The Commissioners took a moment of silence. Jackie C. Young Chair Roseberry presented a Resolution of Acknowledgement and Appreciation to Jackie C. Young. He read from the resolution that Jackie was on staff since September 2005 and had served as Acting Director since 2007 while Sharon Fierro was out on medical leave. He read a list of accomplishments and expressed the Commission's most sincere appreciation for Jackie C. Young's outstanding service. Ms. Jackie C. Young thanked everyone on the Planning Commission saying that together much was accomplished while at the same time there was a lot of fun. She recognized City Attorney Bill Seligmann and staff. She mentioned Steve Prosser who moved from Code Enforcement Office to an Assistant Planner position and more recently into an Associate Planner position. She recognized Daniel Fama who was once an intern and is now on staff as an Assistant Planner. She gave credit to Tim J. Haley, who has years of experience with the City of Campbell and is currently the Senior Planner but will serve as the Acting Principal Planner. She said it has been a real honor working here in such a warm and welcoming community. Commissioner Gibbons said that while this resolution is a nice memento it must be said how much she has enjoyed, appreciated and valued Jackie's time with the City and wished her great success. Commissioner Alderete thanked Jackie for contributing so much and wished her well. Commissioner Rocha said that Jackie would be missed and that Campbell's loss is Woodside's gain. Commissioner Ebner thanked Jackie for always being thorough and prepared. He said he was sorry to see her go and joked that he hoped it wasn't on account of anything he said. Chair Roseberry said that Jackie has always been very professional and gracious and will definitely be missed. He added that it has been a pleasure working with her. Campbell Planning Commission Minutes for December 9, 2008 Page 3 PUBLIC HEARINGS *** Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. PLN2008-168 Public Hearing to consider the application of Mr. Bruce McFadyen, B. McFadyen for a Conditional Use Permit (PLN2008-168) to allow the establishment of a new medical center, Urological Surgeons of Northern California, in an existing office building on property owned by The Messinger 1996 Revocable Trust located at 2165 S. Bascom Avenue in a C-2-S (General Commercial) 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: Tim J. Haley, Senior Planner Mr. Tim J. Haley, Acting Principal Planner, presented the staff report as follows: • Advised that the applicant is seeking Conditional Use Permit approval to allow the establishment of a new medical clinic use within an existing single-story office on the west side of Bascom Avenue, north of Apricot. • Described the building as consisting of 9,410 square feet with 43 on-site parking spaces provided. It is surrounded by multi-tenant office to the north, an animal hospital to the south, retail and office to the east and multi-family residential to the west. • Said that the proposed operational hours are between 7 a.m. and 7 p.m. The use would be a urology and oncology center for which a Use Permit is required in a C-2 Zoning District. • Explained that the site requires 47 parking spaces but staff believes that the 43 provided are adequate. • Recommended the adoption of a resolution approving this Conditional Use Permit to allow the establishment of a medical center subject to the conditions of approval. • Added that since there were no significant changes proposed to the exterior of this building, this item was not reviewed by SARC. Commissioner Gibbons asked what about what has become a fairly practice of considering business versus operational hours separately. Acting Principal Planner Tim J. Haley advised that the operational hours reflect when the business itself is open. Commissioner Gibbons questioned what about when patients arrive early or staff. Acting Principal Planner Tim J. Haley suggested deferring this question to the applicant. Campbell Planning Commission Minutes for December 9, 2008 Page 4 Chair Roseberry opened the Public Hearing for Agenda Item No. 1. Mr. Bruce McFadyen, Applicant, said he was available for any questions Commissioner Gibbons asked for a more complete explanation about the hours of operation being between 7 a.m. and 7 p.m. What happens at what times? Mr. Bruce McFadyen said that their typical hours are between 9 a.m. and 5 p.m., Monday through Friday, as far as seeing patients. Once in a while some patient may need to be seen earlier but that would be rare. He added that staff arrives at 8:30 a.m. Operating beyond 5 p.m. would be rare. Commissioner Gibbons explained that noise issues resulting from car doors and talking during early arrival times has been problematic for some medial uses adjacent to residential uses. Mr. Bruce McFadyen reiterated that it would be rare to be on site prior to 8:30 a.m. Commissioner Gibbons advised that since the Use Permit granted will run with the land she would want hours to be clarified in the conditions of approval clearly outlining operational hours versus occupancy hours. Mr. Bruce McFadyen said he would support added language to so clarify. Commissioner Gibbons said that if occupancy is approved for 7 a.m. to 7 p.m. the business would have to function only between those hours. Commissioner Rocha cautioned that maintenance hours should also be considered. Mr. Bruce McFadyen said he was open to recommendations Acting Principal Planner Tim J. Haley said that operational hours are described as between 7 a.m. and 7 p.m. He added that there are also two additional conditions of approval regarding hours and noise impacts. Condition 14 allows the Director to take action upon noise complaints. Condition 15 restricts clean up to between 8 a.m. and 8 p.m. daily. Commissioner Gibbons said that this is excellent and thanked Acting Principal Planner Tim J. Haley. Chair Roseberry closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3919 approving a Conditional Use Permit (PLN2008- 168) to allow the establishment of a new medical center, Urological Surgeons of Northern California, in an existing office building on Campbell Planning Commission Minutes for December 9, 2008 Page 5 property owned by The Messinger 1996 Revocable Trust located at 2165 S. Bascom Avenue, subject to the conditions of approval, by the following roll call vote: AYES: Alderete, Ebner, Roseberry NOES: None ABSENT: None ABSTAIN: None Gairaud, Gibbons, Rocha and 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. 2 into the record as follows: 2. PLN2008-108(PD) Public Hearing to consider the application of Mr. Frank Onzo PLN2008-169 for a Modification (PLN2008-108) to a previously approved (PM) Planned Development Permit (PLN2006-55) to allow the Onzo, F. construction of a new single-family residence and a Tentative Parcel Map (PLN2008-169) to create two parcels from one existing parcel on property owned by Mr. Frank Onzo located at 310 Redding Road 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: January 20, 2009. Project Planner: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Reported that the applicant is seeking approval of a Modification to a previous PD Permit to allow the construction of a new single-family residence and a Tentative Parcel Map to create two lots from one parcel. • Described the surrounding uses as residential to the north, east and west and a residential care facility and retail to the south. • Said that the parcel is zoned PD and the General Plan land use designation is Low- Medium Density Residential. The parcel is 14,338 square feet and is currently developed at a density of 2.4 units per gross acre. • Explained that in November 2006, Council adopted an ordinance approving a zone change from R-M to PD and a Tentative Parcel Map to create three lots from one parcel. • Added that the current request for a Tentative Parcel Map would split Lot 1 into two parcels. • Stated that the new residence would consist of 1,368 square feet in a cottage style. It would be single-story with two bedrooms and two bathrooms and features including siding and stucco; panel garage door and a porch with columns. The new home would be consistent with the existing residences. Campbell Planning Commission Minutes for December 9, 2008 Page 6 • Said that Lot A would consist of 10,174 square feet and Lot B would consist of 4,164 square feet. This increases the density from the current 2.4 to 4.8 units per gross acre. • Reported that there are two possible site plans for consideration. Option 1 has a 20-foot front setback and 25-foot garage setback. Option 2 has a reduced 15-foot front setback and a 20-foot garage setback, which adds 400 square feet of private open space in the rear yard. • Added that both Options propose a reduced side driveway setback from the required five-feet to a proposed eight inches. • Recommended that the Planning Commission adopt a resolution recommending that Council approve a modification to a PD permit with Option 1. • Recommended that the Commission also adopt a resolution recommending that the Council approve a Tentative Parcel Map to create two lots from one parcel. • Stated that applicant requests approval of the proposal with Option 2. Commissioner Alderete complimented Planner Daniel Fama on his PowerPoint presentation saying that it set a new standard for a staff presentation offering graphics to help illustrate a more complicated site plan. Commissioner Ebner presented the Site and Architecture Review Committee report as follows: • Reported that SARC reviewed this project at its meeting on November 11, 2008. • Advised that SARC was concerned about the proposed substandard side driveway setback of eight inches where five feet is required. • Added that a second concern was the proposed reduced front setback. Chair Roseberry opened the Public Hearing for Agenda Item No. 2. Mr. Frank Onzo, Applicant and Property Owner, said he was available for any questions. Commissioner Alderete asked Mr. Frank Onzo what his intent is with Option 2. Is it to secure more rear yard space? Mr. Frank Onzo said that this is an unusual shaped lot. The reduced setback means he won't have to cram in as much onto the lot and leave more of a back yard. He added that there would also be lawn in the front yard and a new oak tree would be planted. Chair Roseberry closed the Public Hearing for Agenda Item No. 2. Commissioner Alderete: • Said that he is fine with Option 2. • Agreed that this is a unique lot in that it is triangular. • Pointed out that Mr. Onzo owns the nicest set of properties on this street. Campbell Planning Commission Minutes for December 9, 2008 Page 7 • Stated that he is fine moving the house forward just a little bit especially since it is at the end of the block. • Added that the proposal makes sense. Commissioner Rocha said that he doesn't believe that it makes that much difference. He added that there is a semi-rural sense on this street and it is likely going to be a long while before curbs and gutters are installed on this street. Commissioner Ebner said he too supports Option 2. He said that this is a quality project and will have great curb appeal and a unique look. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Alderete, the Planning Commission took the following actions: • Adopted Resolution No. 3920 recommending that the City Council approve a Modification (PLN2008-108) to a previously approved Planned Development Permit (PLN2006-55), using Option 2, to allow the construction of a new single-family residence and • Adopted Resolution No. 3921 recommending that the City Council approve a Tentative Parcel Map (PLN2008-169) to create two parcels from one existing parcel on property owned by Mr. Frank Onzo located at 310 Redding Road, by the following roll call vote: AYES: Alderete, Ebner, Gairaud, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Roseberry advised that this item would be considered by the City Council at its meeting of January 20, 2009. *** ELECTION OF 2009 CHAIR AND VICE CHAIR Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gairaud, the Planning Commission nominated Commissioner Mark Ebner to serve as Planning Commission Chair for 2009, by the following roll call vote: AYES: Alderete, Gairaud, Gibbons, Rocha and Roseberry NOES: Ebner ABSENT: None ABSTAIN: None Chair Roseberry passed the gavel to newly elected Chair Ebner. Campbell Planning Commission Minutes for December 9, 2008 Page 8 Motion: Upon motion of Commissioner Alderete, seconded by Chair Ebner, the Planning Commission nominated Commissioner Elizabeth Gibbons to serve as Planning Commission Vice Chair for 2009, by the following roll call vote: AYES: Alderete, Ebner, Gairaud, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None SPECIAL PRESENTATION TO OUTGOING CHAIR ROSEBERRY Acting Director Jackie C. Young presented Outgoing Chair Roseberry with a plaque commemorating his year as Chair for 2008. She said that it has been lots of fun and Commissioner Roseberry is appreciated for his service as Chair. Outgoing Chair Roseberry said that the plaque is very nice. He added that it has been a pleasure serving and he learned a lot. Thanked everyone for the opportunity to serve and told newly appointed Chair Ebner to have fun. Chair Ebner said that Chair Roseberry did an outstanding job this year. Commissioner Alderete thanked Chair Roseberry for his service. He said that Chair Roseberry always knew his material and kept the Commission on track and rational. He said he really admires Chair Roseberry. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Jackie C. Young, Acting Community Development Director, was accepted as presented with the following additions: • Reported that Council took second reading of the Ordinance extending the Charities Housing project approval. • Added that outgoing Mayor Burr and Vice Mayor Hernandez made parting comments and newly elected Councilmembers Kotowski and Baker were sworn into office. • Reminded that the December 23~d Planning Commission meeting has been cancelled due to its proximity to the Christmas holiday. • Said that the next regular meeting will take place on January 13, 2009, and includes a Site and Architectural Review Permit for a property on N. Central and a Use Permit for a contractor's storage yard on McGlincy Lane. • Said that the Community Development Department will very much miss Sharon Fierro. Sharon had lots of friends and colleagues at the City and in the community. • Advised that Sharon's funeral services would be held on Wednesday at 10:30 a.m. at Oak Hill Cemetery. • Extended thanks for Executive Assistant Corinne Shinn's work, made more difficult during Sharon's illness as she served as the gatekeeper to information. Campbell Planning Commission Minutes for December 9, 2008 Page 9 Chair Ebner said that Sharon would be very much missed. ADJOURNMENT The Planning Commission meeting adjourned at 8:15 p.m. immediately to a study session and subsequently to the next Regular Planning Commission Meeting of January 13, 2009. ~ SUBMITTED BY: ~ orinne A. Shinn, Recording Secretary APPROVED BY: APPROVED BY: ATTEST: t Tim J. Hal , A ing Secretary