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PC Min - 01/13/2009CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. JANUARY 13, 2009 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of January 13, 2009, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Ebner and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioners Absent: Commissioner: Staff Present: Interim Director: Assistant Planner: Planning Intern: City Attorney: APPROVAL OF MINUTES Mark Ebner Elizabeth Gibbons Bob Alderete Gary Gairaud Michael Rocha Bob Roseberry Ciddy Wordell Daniel Fama Stephen Rose William Seligmann Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of December 9, 2008, were approved as submitted. (5-0- 1; Commissioner Roseberry was absent) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Campbell Planning Commission Minutes for January 13, 2009 Page 2 ORAL REQUESTS Mr. Dan Rich, City Manager: • Thanked the Commission members, on behalf of the City, for their support of Sharon Fierro, her family and City staff during her illness, which was a very challenging time for all of us. He added that this support and understanding was much appreciated and that Sharon is and will be missed terribly. • Advised that he also wanted to formally introduce Ms. Ciddy Wordell as the Interim Community Development Director. Ms. Wordell retired in 2008 after 18 years with the City of Cupertino. She has a vast understanding of planning issues and her tenure will last approximately six months. • Stated that whenever there is a staff vacancy, it offers a City the opportunity to take a step back and evaluate the current organizational staffing needs. With two critical vacancies in the Planning Division at this time, the City has the flexibility to evaluate and determine whether or not any organizational changes may be warranted. With input from staff, the department and the Executive Team, he said that the appropriate structure will be decided upon and recruitments will begin. • Said that he continues to appreciate the understanding of this Commission during this time of transition. • Announced that a new Planning Commissioner was appointed by Council at a meeting held the previous night (January 12, 2009). Ms. Theresa Alster was selected from among a good group of candidates. She recently received her graduate degree in Urban Design. • Thanked the Commission for their service to the community. *** PUBLIC HEARINGS Chair Ebner read Agenda Item No. 1 into the record as follows: 1. PLN2008-177 Public Hearing to consider the application of Mr. Loc Hua for a Hua, L. Site and Architectural Review Permit (PLN2008-177) to allow a minor modification to a side yard setback and an FAR over .45 on property owned by Nick and Leslie Garcia located at 1137 N. Central Avenue in an R-1-6 (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: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking Site and Architectural Review approval to allow a minor modification to a side yard setback and a FAR over .45 for a first and second story addition to an existing two-story residence. Campbell Planning Commission Minutes for January 13, 2009 Page 3 • Described the project site as being on the west side of N. Central Avenue. It is bordered by two-story single-family residences to the north, south and west. A San Jose public park is located to the east. • Said that the zoning for the property is R-1-6 and the General Plan land use designation is low density residential. • Said that the property consists of 6,120 square feet. The proposed addition consists of 599 square feet to increase from the existing total of 2,193 to 2,792 square feet. The proposed FAR is .456 and the proposed lot coverage is 31 percent. • Stated that the plans indicate the first floor addition being located at the rear of the home. The existing second story would be extended over the garage and continue along an existing second story setback. The required setback standard is half the wall height or in this case, nine feet. • Said that the proposed FAR at .456 would allow an additional 38 square feet to be added in area. • Explained that the Planning Commission may approve a reduced setback or FAR greater than .45 when the required Site and Architectural Review Permit findings can be made in support. • Added that the applicant also proposes to change the front elevation adding some ranch style elements that include a stone veneer wainscoting, a second story balcony over the garage, a second story circular window and a panelized garage door. The existing stucco and siding finishes would be extended on the front and side elevations. • Reported that staff believes that the required findings are met. This is a minor addition that is consistent with the existing pattern in the neighborhood. The expansion of the second story would not significantly alter the scale and mass of the residence. The location of the second story portion would put it adjacent predominately to a two-story that does not have any side elevation windows facing the subject property. • Recommended approval. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project at its meeting on December 9, 2008. • Advised that SARC requested the removal of some of the cultured stone veneer; the replacement of the proposed circular window with either a square or rectangular window more consistent with the existing fenestration; the provision of a sample sheet of the stone veneer; and that the applicant inform neighbors of this proposed application. Chair Ebner opened the Public Hearing for Agenda Item No. 1. Ms. Krista Brassfield, Landmark Designs, Los Gatos: • Said she was available for questions. Campbell Planning Commission Minutes for January 13, 2009 Page 4 Commissioner Rocha asked Ms. Brassfield if the notification of neighbors as requested by SARC had occurred. Ms. Krista Brassfield said yes and the feedback was great. Mr. Nick Garcia, Applicant and Property Owner, advised that he spoke with the neighbors on both sides. There are no neighbors across the street as there is a park there. He added that the neighbors' houses are also-two story. Chair Ebner closed the Public Hearing for Agenda Item No. 1. Commissioner Gibbons pointed out that this Commission does not usually like second floor balconies and asked SARC to clarify that one reason this particular balcony is supportable is because this house is across the street from a park. Commissioner Alderete said that Commissioner Gibbons has made a good point. He said that the fact that this balcony is over the garage and overlooks the street at the park is a primary reason why it is okay. It does not impact the neighbors and there are no views into the other homes. He added that he noticed another such balcony approximately three houses over, which also helped make it okay. Commissioner Gibbons said that she wanted it in the record that the Commission does not usually like balconies but this one has been cleared for its specific location and aspects. She added that second stories are not very often allowed to encroach into a required setback and asked SARC to provide its reasoning for the record. Commissioner Alderete: • Explained that a number of homes on the street have done this addition. • Agreed that this is well beyond what the Commission would ordinarily allow as it does represent approximately a 33 percent reduction in required setback but there are so many others already on this street. • Added that having the park across the street helped reduce the massing impacts. Chair Ebner agreed that SARC discussed this at length. While this is a substantial reduction in setback, this is a unique situation and no one will be harmed. Commissioner Gibbons reiterated that the second story addition is located over the garage in front. It is adjacent to another two-story home that had a similar addition. She thanked the members of SARC for their thorough discussion of this request. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Gairaud, the Planning Commission adopted Resolution No. 3922 approving a Site and Architectural Review Permit (PLN2008-177) to allow first and second-story additions with a minor modification to a side yard setback and an FAR above .45 property owned by Nick and Leslie Garcia located at 1137 N. Central Avenue, by the following roll call vote: Campbell Planning Commission Minutes for January 13, 2009 Page 5 AYES: Alderete, Ebner, Gairaud, Gibbons and Rocha NOES: None ABSENT: Roseberry ABSTAIN: None Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Ebner read Agenda Item No. 2 into the record as follows: 2. PLN2008-137 Public Hearing to consider the application of Mr. Brandon Clark, B. Clark for a Conditional Use Permit (PLN2008-137) to allow the establishment of a contractor's storage yard on property owned by Mr. Stanley Wilson located at 854 S. McGlincy Lane in an M-1-S (Light Industrial) 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, Acting Principal Planner Mr. Stephen Rose, Planning Intern, presented the staff report as follows: • Reported that the applicant is seeking approval of a Conditional Use Permit to establish a contractor's storage yard and the conversion of an existing structure (garage) from residential to storage use. • Stated that the project site is located to the east of Highway 17, north of Curtner and just south of S. McGlincy Lane at its intersection with Cristich Lane. • Added that this site is surrounded by Light Industrial uses on all sides. The site is zoned M-1-S (Light Industrial) and the General Plan land use designation is Light Industrial. • Explained that the M-1-S Zoning District allows the conversion of residences to storage use and contractor's storage yard with approval of a Use Permit. • Said that a condition is proposed requiring the applicant to repaint and re-roof the proposed storage building to the satisfaction of the Community Development Director. Additionally, a building permit approval shall be required for the proposed conversion of the structure from residential to commercial storage use. • Described the site as consisting of a net lot area of 10,500 square feet. The building coverage is 2,214 square feet. The detached garage is 640 square feet. There is 1,055 square feet of landscaping. • Said that the parking ratio is 1 for every 450 square feet. Four spaces are provided while six are required. Staff is recommending that the applicant add two additional spaces to the rear of the property. • Said that the minimum front setback required is ten feet and a 15-foot setback is provided. The minimum rear yard setback is ten feet and a 95-foot rear setback is Campbell Planning Commission Minutes for January 13, 2009 Page 6 provided. The south side setback is 7.5 feet where the minimum required is five feet. The north side setback is 21 feet where the minimum standard is five feet. • Advised that a 10-foot tall precast wall is proposed with an eight-foot high sliding gate at the driveway. As a condition of approval, staff is recommending that the applicant reduce the wall height to eight feet as required by Campbell Municipal Code Chapter 21.36.160. • Informed that the site will be staffed with one administrative staffer and three to four employees. Operational hours will be between 6 a.m. and 11 p.m., Monday through Friday. • Recommended the adoption of a resolution approving this Site and Architectural Review Permit subject to the recommended conditions of approval. Commissioner Rocha said that the eight-foot high wall along McGlincy would result in a fort-like appearance. He asked how far the wall would be set back. Planning Intern Stephen Rose replied 10 feet. Chair Ebner asked Planning Intern Stephen Rose if the applicant has made any of the changes recommended by SARC. Planning Intern Stephen Rose said that no new plans have yet been submitted so he would defer this question to the applicant. Commissioner Alderete presented the Site and Architectural Review Commission report as follows: • SARC reviewed this project on December 9, 2008. • Listed the comments made by SARC: 1. Recommended that the applicant reduce the wall height to the eight-foot maximum allowed per Code. 2. Recommended that the applicant return the wall along the south side property line to adjacent off-site structure. 3. Requested that a landscape irrigation plan be provided at building permit submittal. 4. Requested the repainting and re-roofing of the proposed storage structure. 5. Recommended that the two proposed storage structures be brought up to Code standards for industrial storage. 6. Requested that the applicant add two more parking spaces to the rear of the property. Chair Ebner opened the Public Hearing for Agenda Item No. 2. Mr. Brandon Clark, Applicant: • Said that there are a few things that are a bit inconsistent. • Explained that while he had originally labeled storage use for the house on his plans that is not his intent. Just the garage would be used to store pipes and equipment. Campbell Planning Commission Minutes for January 13, 2009 Page 7 • Pointed out that if they don't use that structure, they won't need the extra parking spaces. • Said that, given the difficult economic times and the fact that it is his intent to scrap everything on the site to build a legal and nice-looking storage building that he can use to store his trucks out of site and keep everything secure, he does not have the resources right now to put money into re-roofing and repainting these structures. His intent is going to be to tear them down later. Chair Ebner asked Mr. Brandon Clark about SARC's recommendation to reduce the wall height from his proposed 10 feet to 8 feet. Mr. Brandon Clark said that he has agreed to that recommendation with no problem. Commissioner Rocha asked Mr. Brandon Clark what the house is currently being used for. Mr. Brandon Clark replied that it is vacant. Commissioner Rocha said that the Commission wants to be sure that there is no one living there. He said that it appears Mr. Clark is resisting SARC's recommendation to bring the structures up to Code and to re-roof. He asked about repainting. Mr. Brandon Clark said that new paint would not break them. He pointed out that the existing roof does not leak right now. Commissioner Gairaud asked Mr. Brandon Clark if he has investigated demolishing the residence. Mr. Brandon Clark replied yes. He said that he likes having it remain in the interim as it provides a screen from view from the street. It is nice to have this screening as they have a plumbing business where there is a lot of copper stored and trucks loaded with equipment. Commissioner Gairaud asked Mr. Brandon Clark if he is reluctant to either tear down or fix up the residence. Mr. Brandon Clark said he would be willing to sign a waiver on it. Chair Ebner closed the Public Hearing for Agenda Item No. 2. Commissioner Gibbons: • Advised that she has two questions for SARC. • Pointed out that an eight-foot high fence is usually not allowed that close to the road. Instead there is usually a 20-foot setback. • Added that she can appreciate the fact that this is a different situation, etc., but questioned whether there is a safety issue here. Are there any specific observations from SARC and/or staff? Campbell Planning Commission Minutes for January 13, 2009 Page 8 • Said that Cristich is a challenging street any way. Commissioner Alderete replied that he did not recall. Chair Ebner said he too is drawing a blank on this issue from the SARC discussion. Planning Intern Stephen Rose said that the only safety issue discussed is that Fire has approved the proposed gate as safe. Commissioner Gibbons said that Cristich has a terrible right-of-way issue. She asked where this wall would be in terms of the ultimate right-of-way and proposed street that the City will ultimately want to put there. Is there any idea? Planning Intern Stephen Rose asked if the question is about Public Works improvements. Assistant Planner Daniel Fama advised that the wall is placed back 10 feet from the property line. Commissioner Gibbons asked how the property line relates to the future street. Planning Intern Stephen Rose clarified that this property does not adjoin to Cristich. It's along E. McGlincy Lane. Commissioner Gibbons: • Agreed and said it was no wonder she was confused. Cristich is the next block over. • Added that her next question has to do with the discussion on whether the building should be torn down or not. • Said that she would like to ask the City Attorney something. • Reminded that the Commission is being asked to approve a Conditional Use Permit. The existing building on this site does not support that Use Permit so that is problematic. • Said that understanding the intent of the applicant is one thing but the Commission has run across situations where the best of intentions can go awry. • Asked if there is any value in conditioning that the building has to be torn down within one year. If that does not occur in that time frame, the applicant can come back if they feel that they can't tear it down yet. • Stressed the need to have something in place that would allow the Commission to withdraw the CUP. City Attorney William Seligmann: • Replied that the Commission could attach a condition that the building has to be demolished in one year and if it were not demolished in one year the Conditional Use Permit would expire at that time. Campbell Planning Commission Minutes for January 13, 2009 Page 9 • Added that another option is to ask for security, which would involve the applicant entering into an agreement with the City that would allow the City to go in and apply that security to demolish it. Commissioner Gibbons: • Explained that her intention is to make the City's job easy. • Added that she did not want to have an enforcement issue. • Said that she was also trying to find a solution for the applicant. • Pointed out that the property is becoming more and more derelict and it will become even more derelict with the parking of trucks and so on. • Said that she was trying to find a way to consider that. • Reminded that she has a problem with the fence and its proximity to the street and the resulting safety there. • Said that maybe someone could help her understand the adjoining parcels. This is just such a goofy area. There are buildings along there with roll-up doors. Commissioner Rocha: • Explained that on that side of the street, the last parcel has a large contractor's yard with mechanical equipment on the corner. • Said that most of the other stuff on the east side of McGlincy is set back far enough where you probably don't have sight-line issues. • Stated that what is on this site currently is so inconsistent with what is on the street. It looks like a residence that is an island. • Pointed out Condition 4 that states that the use must be established within one year. He asked if that simply means establishing the business there or does it mean that the house and garage should be removed in that time frame. Should the house be brought up to Code or torn down? City Attorney William Seligmann explained that as long as the applicant is using the site as a construction storage yard, absent a condition that applies to the structure on the front, he would only have to establish his use on the site. Commissioner Rocha thanked the City Attorney. Commissioner Gibbons: • Said that if she understands the site, there are some buildings that are all the way out to the curb and there are some areas that are set back. If one looks at Attachment 5, you can see the house. It has a setback. The building next to it has a setback. • Stated that she is a little bit uncomfortable with this wall placement and wished that Public Works had provided more feedback. Assistant Planner Daniel Fama reminded that as a part of the process, the Public Works staff does review all development applicants, including this one. He said that he imagines that if Public Works had plans to increase the right-of-way, they would have objected to the placement of this new wall. Campbell Planning Commission Minutes for January 13, 2009 Page 10 Commissioner Gibbons clarified that her concern is traffic safety. Assistant Planner Daniel Fama advised that as part of the Land Development Engineer's review, he refers any potential issue of concern to the Traffic Engineer. He reported that Fence Exception applications are referred to the Traffic Engineer for review and his opinion on the traffic safety issue. Interim Director Ciddy Wordell said that if this issue is a stumbling block for the Commission, they could condition that the Public Works Department evaluate the site further to make the finding that the sight lines are acceptable. Chair Ebner said this is a good point. Commissioner Alderete: • Reported that he knows this area well and travels through there a lot. • Added that he can see where Commissioner Gibbons could have a concern for sight line and safety issues. • Advised that he does not have that same concern here. Things flow through rather smoothly although it can be an issue when larger trucks are delivering to the area. Commissioner Gibbons said that her concern is because of the McGlincy Office Park from where there is a lot of traffic in and out in the morning and afternoon. Commissioner Gairaud asked what if the Building Division makes a determination that a structure is uninhabitable. Does that mean that it simply cannot be used rather than requiring the structure be torn down? City Attorney William Seligmann said that he thinks that is generally fair to say. Unless there is some issue with it being a fire hazard or something that might affect other structures, that is correct. Commissioner Gairaud suggested making it part of the Use Permit to require the Building Division to inspect the building to determine if it is uninhabitable. If it is, that essentially makes the building unusable. If that did come up, there would be some sort of recourse. City Attorney William Seligmann said that the Commission could certainly condition the project to include an inspection by the Building Department. Commissioner Gairaud said, which doesn't really mean anything this evening because we don't know what they are going to find. City Attorney William Seligmann replied, "true." Campbell Planning Commission Minutes for January 13, 2009 Page 11 Commissioner Gibbons: • Stated that the reason she had suggested conditioning the demolition is that it should be demolished to meet the conditional use. • Added that it is not just the goal to make the building usable but more so to further the conversion of the parcel from residential to industrial. Commissioner Gairaud said that he appreciates that but he also understands the applicant's financial constraints in making that happen and understands his desire in keeping it as a block or facade of some kind. He said he is looking at other options and not just one. Commissioner Rocha said that it appears from one exhibit that there is a trailer or container on the driveway. Is it still there? Chair Ebner re-opened the Public Hearing for Agenda Item No. 2. Mr. Brandon Clark, Applicant: • Advised that he had the previous owner remove everything from the property. • Agreed that there may have been one or two storage containers but they are now gone. • Added that it is completely just an open concrete pad there now. Chair Ebner thanked Mr. Brandon Clark for this clarification and re-closed the Public Hearing for Agenda Item No. 2. Chair Ebner: • Gave an overview to this point. • Said that this is an industrial area. • Suggested that maybe a condition should be added that requires the demolition of the house within one year. That seems to be where the Commission is heading. • Said that he is still not clear if the parking requirement is being met, as it appeared the site was two spaces short. Planning Intern Stephen Rose said that the requirement has not yet been met but a revised site plan would be required. Chair Ebner said that a couple of issues remain. The site is a couple of parking spaces short. There is a house on the property that needs to be brought up to Code with a new roof and fresh paint. Commissioner Gibbons said that she is amiable to the project with the understanding of an eight-foot fence height; an added condition for two more parking spaces; and an added condition requiring the building to be torn down in one year. Commissioner Alderete: • Said that Condition 17 already deals with parking and driveways. Campbell Planning Commission Minutes for January 13, 2009 Page 12 • Added that the issue for him is the timeline for bringing the structures up to Code or demolishing them. • Reminded that the applicant says it is his intention to tear them down. • Stated his belief that one year might not be enough time and perhaps more time can be allowed for the applicant to decide whether to tear down or bring up these buildings to Code. Chair Ebner asked Commissioner Alderete if he has a recommendation for time. Commissioner Alderete said 24 months. Commissioner Rocha reminded that the applicant has agreed to paint immediately. That would help in the short term in reducing blight. Commissioner Gairaud said that he agrees that more time is reasonable. Chair Ebner reiterated the issues being the eight-foot fence height; requiring the parking spaces be met; either demolish the house or bring it to Code within 24 months; and have the house repainted immediately upon approval of the Use Permit. The re- roofing of the house will not be required. Motion: Upon motion of Commissioner Gairaud, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3923 approving a Conditional Use Permit (PLN2008- 137) to allow the establishment of a contractor's storage yard on property owned by Mr. Stanley Wilson located at 854 S. McGlincy Lane, with the following amendments: • Amend Condition 12 requiring that the existing structures be repainted; • Modify Condition 4 so that the action on the structures must be achieved within 24 months (bring to Code or demolish) of this approval; • Condition that if the structures are not either brought to Code standards or demolished within the 24-month period, the Use Permit shall expire and the outdoor storage use must be terminated; by the following roll call vote: AYES: Alderete, Ebner, Gairaud, Gibbons and Rocha NOES: None ABSENT: Roseberry ABSTAIN: None Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Campbell Planning Commission Minutes for January 13, 2009 Page 13 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Ciddy Wordell, Interim Community Development Director, was accepted as presented with the following added comments: • Said that she has nothing to add to the written report. • Stated that she is happy to be here and is glad to help in any way she can. Chair Ebner thanked Interim Director Ciddy Wordell and welcomed her. ADJOURNMENT The Planning Commission meeting adjourned at 8:27 p.m. to the next Regular Planning Commission Meeting o~anuary 27, 2009. ~7 < SUBMITTED BY: o ' e .Shinn, Recording Secretary APPROVED BY: ATTEST: Ciddy Word II, Acting Secretary