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PC Min - 03/24/2009CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. MARCH 24, 2009 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of March 24, 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: TUESDAY ROLL CALL Commissioners Present: Chair: Commissioner: Commissioner: Commissioner: Commissioner: Mark Ebner Bob Alderete Theresa Alster Gary Gairaud Bob Roseberry Commissioners Absent: Staff Present: APPROVAL OF MINUTES Vice Chair: Commissioner: Interim CDD Director: Planning Intern: City Attorney: Elizabeth Gibbons Michael Rocha Ciddy Wordell Stephen Rose William Seligmann Motion: Upon motion of Commissioner Gairaud, seconded by Commissioner Alster, the Planning Commission minutes of the meeting of March 10, 2009, were approved as submitted. (3-0-2-2; Commissioners Gibbons and Rocha were absent and Commissioners Alderete and Roseberry abstained) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for March 24, 2009 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Interim Director Ciddy Wordell advised that the applicant for Agenda Item No. 2 has requested a continuance to the meeting of April 28, 2009. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Ebner read Agenda Item No. 1 into the record as follows: 1. PLN2009-22 Public Hearing to consider the application of Mr. George Dicu Dicu, G. for a Site and Architectural Review Permit (PLN2009-22) to allow for the demolition of an existing dwelling unit and accessory garage and construction of a new two-story single- family residence on property owned by Mr. George Dicu located at 1580 W. Hacienda Avenue in an R-1-9 (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: Stephen Rose, Planning Intern Mr. Stephen Rose, Planning Intern, presented the staff report as follows: • Stated that the applicant is seeking approval of a Site and Architectural Review Permit to allow the demolition of an existing dwelling and garage and construction of a new two-story single-family residence. • Advised that the project site is located within the boundaries of the San Tomas Area Neighborhood Plan, on the south side of Hacienda between Harriet and Abbot Avenues. The property is surrounded to the north, south, east and west by single- family residences. • Said that the project site is zoned R-1-9 and the General Plan land use designation is Low-Density Residential. • Explained that as this is a legal non-conforming lot, exceptions to side setbacks are allowed. Setbacks allowed must comply with the R-1-6 zoning district. • Said that the lot coverages 2,527 square feet. The total building area is 3,698 square feet. The FAR is .449. • Described the proposed residence as being two-story Spanish-style architecture. The exterior is stucco with shingle roofing. There are round arched windows in the front elevation that have decorative green shutters. There is use of country ledge stone wainscoting and driveway pavers. There is a covered entryway and atwo-car garage. Campbell Planning Commission Minutes for March 24, 2009 Page 3 • Recommended the adoption of a resolution approving this Site and Architectural Review Permit as conditioned. Commissioner Roseberry asked about the rear deck and whether this is counted in the FAR calculations. Planner Stephen Rose advised that this is not a deck but rather is just an overhang. It is not accessible from the second floor. It is not a balcony. Commissioner Roseberry clarified that it is the area above what is described as a nook area. Planner Stephen Rose said that is right. Commissioner Alderete said he has a question that may need a response by the City Attorney or staff. He said that he questions the use of two versus three digit FAR calculations. A three digit number shows the calculation as being below the maximum allowed .45 while atwo-digit number shows it is at the maximum allowed FAR. He said in essence he is asking about the legal interpretation of floor area. City Attorney William Seligmann said that he believes that the San Tomas Area Neighborhood Plan calls for it to be rounded up in that instance. Commissioner Alderete said that this means the FAR is right at .45 and not just below it. He said that in this instance it is not a big difference. Commissioner Gairaud presented the Site and Architectural Review Committee report as follows: • Re~orted that he and Commissioner Gibbons reviewed this application on March 10 . • Said that the comments they had included concerns about the front entry columns that increase the already narrow appearance of the front doorway. • Added that having the garage at the front of the house already places an emphasis on the garage rather than the front door. • Said that SARC also noted the excessive entry height and the proposed use of shutters rather than columns on the front windows. • Suggested that a gable versus hip roof in the entry might reduce massing. Chair Ebner opened the Public Hearing for Agenda Item No. 1. Mr. Ronnie Ocampo, Project Architect: • Reported that they met with SARC and subsequently incorporated the comments and changes proposed by the members of SARC into new drawings that have been submitted. • Said he hopes that the Commission likes the final project. Campbell Planning Commission Minutes for March 24, 2009 Page 4 Chair Ebner asked Mr. Ronnie Ocampo if he is saying that he has made all changes recommended by SARC. Mr. Ronnie Ocampo replied yes. Ms. Joanne Fairbanks, Resident on Hacienda Avenue: • Reported that she lives across the street from the subject property. • Advised that she reviewed the plans and in general is not opposed to them. • Stated that she does have privacy issues regarding the second story windows. • Said that a number of windows do a nice job in considering the privacy of adjacent properties, not just living areas but also in their yards. • Continued that on the west side elevation, they have done a great job with the first eight windows but the rear most window allows the taking of privacy from the adjacent home. There are also concerns with some of the windows in the back. • Requested that the Planning Commission offer the applicant the opportunity to address those privacy and window issues. • Questioned the 7-foot tall fences surrounding the property and asked if those fences are part of this evening's application or would be considered later. • Reiterated that she is requesting that the applicant address windows, perhaps by using one-and-a-half height windows so that privacy impacts can be addressed. Commissioner Alderete asked Ms. Joanne Fairbanks where her home is located. Ms. Joanne Fairbanks: • Advised that her home is located within the San Tomas Area. • Added that as a resident she is concerned about development there. • Said that her home is located across the street. • Added that although she has some privacy impact concerns as a result of these upstairs windows that would overlook her home across the street, she has giant redwood trees to help maintain her site privacy. Commissioner Alderete: Said that these kinds of privacy impact concerns usually come from adjacent side neighbors. Added that Ms. Joanne Fairbanks' concern appears to be avoiding a trend in this neighborhood. Asked if her concern is mainly over the second story windows. Ms. Joanne Fairbanks: • Replied yes, her concern is the height of windows. • Said that the pattern of development in the area is her concern. • Reported that a few years ago a home with a balcony was proposed for construction on Archer Court and was reviewed by this Commission. It took several months to work out privacy impact issues. • Reiterated that she is here to state a concern over the pattern of development and as a resident in the San Tomas Neighborhood. Campbell Planning Commission Minutes for March 24, 2009 Page 5 Commissioner Alderete asked Ms. Joanne Fairbanks if her concern is over the first or second story window heights. Ms. Joanne Fairbanks replied the second story. Commissioner Alderete told Ms. Joanne Fairbanks that she is well informed on the neighborhood issues. He advised her that the Commission used to benefit from input provided by representatives of the San Tomas Neighborhood at these meetings. He said that he hoped Ms. Fairbanks might fill that role as she has provided great feedback. Commissioner Alster said that she finds the windows aesthetically pleasing. She asked Ms. Joanne Fairbanks if she would feel better if this owner were to install window coverings, such as plantation shutters. She added that upstairs windows are usually covered for privacy of the residents too. Ms. Joanne Fairbanks: • Said that she would feel better if the resident chose to cover their windows. However, it is too much to ask a resident to close their drapes. • Added that her preference is in the type of windows used that are designed to address those issues. • Reported that they were successful in getting the applicant on Archer to change their plans including use of clearstory windows that allows light into the home while preserving the privacy of adjacent neighbors. Commissioner Roseberry: • Said that he has a question for the Project Architect. • Pointed out the notation on Plan Sheet A-2 that states that one window per sleeping room must have a net opening of 5.7 feet with a net clear height of 24 inches, a net clear width of 20 inches and the sill must be within 44 inches of the floor. • Asked if they are not limited based on those requirements. Mr. Ronnie Ocampo replied yes, there are limits based on egress requirements. Commissioner Roseberry asked about obscured glass above the master bath tub. Mr. Ronnie Ocampo said they would use obscured glass in that window. He added that the closet windows are high. Chair Ebner closed the Public Hearing for Agenda Item No. 1. Commissioner Alderete: • Said his concern is that this home is a huge footprint on this lot. • Agreed that there are homes in the area that do max out. Campbell Planning Commission Minutes for March 24, 2009 Page 6 • Gave as an example of a maxed out home on a site, one home that is located on Central, just north of City Hall. It goes out as far as it can on its lot. • Said that he too is worried about the trend of maxing out a home. • Added that this one has been reviewed and carefully considered by SARC. The second story setbacks helps to reduce massing but the garage located in front doesn't help. • Said that the fence height is not a part of this application. • Stated that if this fencing is already in place at a 7-foot height, what information can staff provide? Planner Stephen Rose: • Reported that the fence is existing fencing and is not approved as part of this application. • Pointed to Condition 4 that requires any new fences/walls to comply with Ordinance requirements. Commissioner Alderete asked if this fence is okay as it is or does it have to be applied for separately? Planner Stephen Rose said that it is a Code Enforcement if it is in violation of City standards. Commissioner Alderete said that he understands that Code Enforcement is complaint based. It seems that there is a complaint being raised this evening. He asked if this issue can get into the system. Planner Stephen Rose said that there is also the concern of privacy. This fence provides additional privacy. He said that to initiate a Code Enforcement action, a formal written complaint would be required. Commissioner Alderete said that he agrees that there are a couple of competing issues there. Commissioner Alster asked staff to provide details on what makes this lot legal non- conforming. Planner Stephen Rose advised that this property consists of 7,600 square feet, which is less than the 9,000 square feet that represents a legal conforming lot in the R-1-9 District. The closest designation is to use the R-1-6 standards. Commissioner Alster said that she appreciates the neighbor's comments. She said that she has an opposing view of privacy, which is the safety element of being able to see the immediate area from your windows. She described a recent experience where someone was pounding on doors on her street in the middle of the night and she could monitor what was happening. Campbell Planning Commission Minutes for March 24, 2009 Page 7 Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Alster, the Planning Commission adopted Resolution No. 3941 granting a Site and Architectural Review Permit (PLN2009-22) to allow for the demolition of an existing dwelling unit and accessory garage and construction of a new two-story single- family residence on property owned by Mr. George Dicu located at 1580 W. Hacienda Avenue, with the required use of obscured glass in the master bath window, by the following roll call vote: AYES: Alster, Gairaud and Roseberry NOES: Alderete and Ebner ABSENT: Gibbons and Rocha 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. PLN2009-12 Public Hearing to consider the application of Mr. Jonathan Ramos, J. Ramos, on behalf of Stantec Architectural Inc., for a Modification (PLN2009-12) to a previously-approved Conditional Use Permit (UP83-07) to allow 24-hour operation of an existing Arco service station (convenience market and service pumps) on property owned by BP West Coast Products located at 1860 W. Campbell Avenue in a C-1-S (Neighborhood 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: Daniel Fama, Assistant Planner Chair Ebner advised that a letter was received from the applicant requesting postponement to the meeting of April 28, 2009. Chair Ebner opened the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Alderete, the Planning Commission CONTINUED CONSIDERATION TO ITS MEETING OF APRIL 28, 2009, a request for a Modification (PLN2009-12) to apreviously-approved Conditional Use Permit (UP83-07) to allow 24-hour operation of an existing Arco service station (convenience market and service pumps) on property owned by BP West Coast Products located at 1860 W. Campbell Avenue. (5-0-2; Commissioners Gibbons and Rocha were absent) Campbell Planning Commission Minutes for March 24, 2009 Page 8 *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Ciddy Wordell, Interim Community Development Director, was accepted with the following updates: • Reported that Council, at its meeting held the previous night (March 23~d) approved the Riverside Project with changes to some conditions regarding phasing, parking, Fire requirements and public improvement changes. • Added that the feeling was that the tenant mix would work itself out. A condition was approved that all tenant improvements would be reviewed for parking. If demand is increased, they will have to get a parking exception. ADJOURNMENT The Planning Commission meeting adjourned at 8:07 p.m. to the next Regular Planning Commission Meeting of April 14, 2009. _~~~~~ SUBMITTED BY: `~`~"" Corinne .Shinn, Re~rding Secretary APPROVED BY: Mark Dbner/Ch ATTEST: Ciddy Wordell, cting Secretary