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PC Min - 05/12/2009CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. MAY 12, 2009 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 12, 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: Vice Chair: Commissioner: Commissioner: Mark Ebner Bob Alderete Theresa Alster Gary Gairaud Elizabeth Gibbons Michael Rocha Bob Roseberry Commissioners Absent Staff Present: APPROVAL OF MINUTES None Community Development Director: Kirk E. Heinrichs Interim Principal Planner: Ciddy Wordell Senior Planner: Tim J. Haley Associate Planner: Steve Prosser Public Works Director: Robert Kass City Attorney: William Seligmann Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Roseberry, the Planning Commission minutes of the meeting of April 28, 2009, were approved as submitted. (6-0-0- 1; Commissioner Gibbons abstained) COMMUNICATIONS 1. Desk Item for Agenda Item No. 1. Campbell Planning Commission Minutes for May 12, 2009 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Interim Principal Planner Ciddy Wordell: • Advised that the attorney representing the applicant for Item 1 is requesting a continuance to the meeting on June 9, 2009. • Added that staff has no problem with this continuance. • Informed that the applicant for Item 3 has withdrawn her request. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Ebner read Agenda Item No. 1 into the record as follows: PLN2009-12 Continued Public Hearing (from the Planning Commission Ramos, J. meetings of April 28 and March 24, 2009) to consider the application of Mr. Jonathan 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 opened the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Roseberry, the Planning Commission CONTINUED TO ITS MEETING OF JUNE 9, 2009, consideration of a request 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. (7-0) *** Campbell Planning Commission Minutes for May 12, 2009 Page 3 Chair Ebner read Agenda Item No. 2 into the record as follows: 2. PLN2009-38 Public Hearing to consider the application of Mr. John Rees Rees, J. for a Variance (PLN2009-38) to allow two as-built accessory structures located in the front half of the subject parcel (120 square foot Japanese Tea Structure and a 56.25 square foot shed) on property owned by Mr. John Rees located at 1350 Abbott Avenue in an R-1-10 (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: Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Advised that the applicant is seeking approval of a Variance to allow two as-built accessory structures to be located in the front half of 1350 Abbott Avenue. • Described the property as being on the east side of Abbott Avenue, between Pollard Road and E. Hacienda Avenue. The site is within the San Tomas Area Neighborhood Plan jurisdiction. • Said that the site is developed with asingle-story residence that covers 14.6 percent of the lot. The proposed accessory structures consist of approximately 176 square feet resulting in a building area of 1,829 square feet with 16 percent lot coverage. • Stated that the applicant is asking for a Variance to allow two accessory structures, a 120 square foot Japanese Tea Structure and a 56 square foot shed, to be located in the front half of the property. • Said that the Zoning designation is R-1-10. The property is subject to the regulations of the San Tomas Area Neighborhood Plan. Those design standards not detailed in the STANP are governed by the regulations of the City's Municipal Code. • Explained that the Japanese Tea Structure is located approximately 30 feet from the front property line. A 56 square foot shed is located approximately 38 feet from the front property line and within 18 inches of the north side property line. • Clarified that the Japanese Tea Structure is located behind an existing tall hedge. It is designed in a Japanese architectural style. It consists of 120 square feet in area with a height of 10 feet, 4 inches. • Reported that for the Commission to approve a Variance, there are five required findings that must be made. • Stated that staff has reviewed this project against the required findings and finds that there are no extraordinary circumstances or conditions applicable to the subject property, as defined in the Zoning Code, that do not apply specifically to other properties in the same Zoning District. • Added that although staff is sympathetic to the applicant's situation, based on the California Government Code and City Ordinance, staff recommends that the Campbell Planning Commission Minutes for May 12, 2009 Page 4 Planning Commission deny this Variance request and require the applicant to comply with current standards. • Continued that although staff agrees with the applicant regarding the quality of the design and workmanship of these structures, the applicant could relocate these accessory structures elsewhere on site to comply with the current site development standards. • Said that staff has provided a modified site plan that depicts alternate locations available on site where the accessory structures may be relocated that would comply with the existing Municipal Code regulations. • Reported that the Site and Architectural Review Committee (SARC) did not review this application because accessory structures that are 120 square feet or less in size are not subject to the requirement that they be architecturally compatible to the main structure and are therefore exempt from design review. • Recommended that the Planning Commission find this project to be Categorically Exempt from CEQA and adopt a resolution denying the Variance request. Commissioner Roseberry said that this street appears to be 42 feet wide. Is that correct? Planner Steve Prosser said that he would have to review that to be sure. Commissioner Roseberry asked what the typical setbacks are. Planner Steve Prosser said that in the R-1-10 Zoning District the front setback is 25 feet. Commissioner Roseberry asked about the side and rear setback standards. Planner Steve Prosser said that for accessory structures the setback ratio is based on wall height. Anything (accessory structure) under nine feet in height has a five foot setback requirement. For every additional foot in height above nine feet, the setback standard is increased by 1.5 feet. He cautioned that the main residence setback standards are different. Commissioner Roseberry asked what the main residence setback standards are. Planner Steve Prosser replied a minimum of 8 feet or 10 feet or 60 percent of the wall height. The rear setback is 25 feet. Commissioner Alderete said that the reason given by staff that this item was not referred to SARC was because the square footage of the structure was less than 120 square feet. Is this per structure and not aggregate? Planner Steve Prosser clarified that it is per structure and this applies only to accessory structures. Campbell Planning Commission Minutes for May 12, 2009 Page 5 Commissioner Alderete asked if staff's review evaluated only these two structures in question or did they also evaluate structures located in other yards within 300 feet of this site. Planner Steve Prosser said that the accessory structures on this site were the only structures evaluated. Chair Ebner asked if these two accessory structures were on pier and post construction or on slab. Planner Steve Prosser replied slab. Chair Ebner opened the Public Hearing for Agenda Item No. 2. Mr. John Rees, Applicant and Property Owner: • Stated that his property is unique with the buildings set far back. • Explained that he was unaware of any potential problem in using this part of his property. • Reported that he bought this property from former Commissioner Susan Kearns and her husband and promised them he would preserve the character of the house and property. • Advised that he is very interested in Asian architecture and had always wanted a Japanese Tea House, which is a traditional building. • Assured that this Japanese Tea House is not serving as a storage shed. There is a table inside as well as a gong. • Added that it is more of a piece of art than a building. • Reported that he also owns another home in Campbell that is located at Westmont and San Tomas Aquino Road. He said he fixed that property up nicely. • Reiterated that he felt he wasn't hurting anyone or breaking any rules when he put in his Tea House. • Stated that he does understand and respect the need for regulations but feels that due to his particular property configuration they do not apply here since his home is located at the back half of the property. Ms. Tina Devries, Resident on Abbott Avenue: • Explained that she is a 2.5 year neighbor across the street in a home style that is commonly referred to as a "McMansion." • Opined that Mr. John Rees' property is the only property of its kind on this block. It is unique. It represents a hold out or throwback of what Campbell used to be. • Added that the property is like a sanctuary to Mr. Rees. • Reported that the site contains beautiful landscaping including a manicured hedge behind which the Tea House is located. • Said that the Japanese Tea House is lovely and is located in the only place that he could have located it on his property. • Advised that she has no problem with it even if she can see it from the top story of her "McMansion" home. Campbell Planning Commission Minutes for May 12, 2009 Page 6 Ms. Kathleen Hutchinson, Resident of Los Gatos: • Explained that she has been a real estate professional for 24 years. • Added that Campbell has been her favorite community for many years. • Said that she appreciates that some of the traditions of Campbell have continued, • Reported that she enjoys Mr. Rees' property as a friend and as his agent. • Stated that the Tea House is magnificent. She added that there is no plumbing in it. It is in keeping with the tradition of Campbell's older larger lots. • Informed that this property has parrots that fly in and hang out in his yard. • Asked that the Commission "let this one go." • Suggested that anyone who has not visited the site should do so. • Concluded that she is proud to have John Rees as a friend and client. Mr. John Rees, Applicant and Property Owner: • Said that he has reviewed staff's alternative placement suggestions for his two structures. • Advised that relocating the structures to those areas would have adverse impacts to his property from proximity to the front door and windows and potential loss of mature trees and/or landscaping materials. • Stated that having the structures relocated to those areas would be unreasonable. • Reported that all of his dealings with City staff have been excellent and he gave thanks for that experience. Chair Ebner closed the Public Hearing for Agenda Item No. 2. Commissioner Roseberry: • Reported that he visited the site and knocked on the front door. Despite the fact that no one was home, he took a moment to look at the two accessory structures while he was on the property. • Said that the Tea House is well done and is a piece of art. • Agreed that it would be just as nice even if located elsewhere on the property. • Advised that he finds this to be a unique lot due to the fact that the main house is set back significantly. It is tucked into the back of the property. • Added that this is a 160 foot deep property. • Said that this site deserves a special look. • Stated that the Tea House is tucked in there nicely and even without the screening hedge that is there obscuring it from view, it would not look that bad. • Said that as it is located on a gentle curve, the site line is not an issue at all. • Reiterated that this is a unique and deep property of 160 feet. The accessory structures are set back 30 feet. • Pointed out that the residence itself could come closer to the street. Commissioner Alster: • Stated that she has concerns about someone building a structure first and seeking an after-the-fact Variance. • Reminded that Variances are mandated only to deal with unusual circumstances. Campbell Planning Commission Minutes for May 12, 2009 Page 7 • Added that while she can understand the beauty of this structure, she cannot encourage others to build first. • Agreed that there are other places on this property where these structures could be placed. • Said that these are accessory structures and not a part of the home. Commissioner Gibbons: • Said that she is not concerned that this structure would be used as anything other than as a Tea House. • Reported that she visited this property many times when it was owned by the previous owners (the Kearns). • Agreed that this is a unique site. • Said that treating Abbott as the home's frontage is a bit of a challenge to her. This property is more like a flag lot with a driveway going in. • Reiterated that this is a very unique site resulting from how the area was subdivided in the past. • Expressed appreciation and support for Commissioner Alster's concern about after- the-fact approvals. • Stated that this may be worthy of consideration for a Variance and she pointed out that she has never supported one before. Commissioner Alderete: • Stated that this application is interesting. • Reported that (unlike Commissioner Roseberry) he did not trespass on this property to tour it but rather looked at it as best he could from the street. • Agreed that this is a unique and interesting property. • Pointed out that there are properties nearby where there are accessory structures some of which give the impression of perhaps being occupied. • Said that he does not want to see some kind of witch hunt with this. • Stated that he is not clear if it was construction noise that was the problem that brought this issue forward but that construction is now complete. • Said that all findings are subjective and the role of the Commissioner is to do the right thing for the community to ensure that there are no negative impacts. • Said that even if a Variance provides a bending of rules, in some instances it is worth doing that. This is one such instance. • Advised that he would support this Variance. Commissioner Gairaud: • Said that when he first looked at this request the most compelling argument was the fairness issue. • Said that a noise complaint happened which created Code Enforcement involvement. • Reminded that there is correspondence from two across the street neighbors who ask that the letter of the law be followed here. • Stated that this applicant is not trying to create the biggest footprint possible on his property. Campbell Planning Commission Minutes for May 12, 2009 Page 8 • Reported that he would support this request. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3944 granting a Variance (PLN2009-38) to allow two as-built accessory structures located in the front half of the subject parcel (120 square foot Japanese Tea Structure and a 56.25 square foot shed) on property owned by Mr. John Rees located at 1350 Abbott Avenue, with the requirement that the applicant move the shed to achieve afive-foot side yard setback, by the following roll call vote: AYES: Alderete, Ebner, Gairaud, Gibbons and Roseberry NOES: Alster and Rocha ABSENT: None 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. 3 into the record as follows: 3. PLN2009-45 PLEASE NOTE THAT THE APPLICANT HAS Duong, A. WITHDRAWN HER REQUEST FOR THIS APPLICATION. Public Hearing to consider the application of Ms. Ann Duong fora Conditional Use Permit (PLN2009-45) to allow a massage establishment (Aroma Therapy) in an existing 852 square foot tenant space within an existing office building on property owned by Koula and Paul Pries located at 393 E. Hamilton Avenue, Suite 201, 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: Stephen Rose, Planning Intern Chair Ebner advised that the applicant has withdrawn her application and opened the Public Hearing for Agenda Item No. 3 Motion: Upon motion of Chair Ebner, based on the applicant's withdrawal of her application, the Planning Commission tabled consideration of a request for a Conditional Use Permit (PLN2009-45) to allow a massage establishment (Aroma Therapy) in an existing 852 square foot tenant space within an existing office building on property owned by Koula and Paul Pries located at 393 E. Hamilton Avenue, Suite 201. (7-0) Campbell Planning Commission Minutes for May 12, 2009 Page 9 *** Chair Ebner read Agenda Item No. 4 into the record as follows: 4. CIP20010-2014 Public Hearing for Environmental Determination and Finding Staff of Conformance with the General Plan for the City of Campbell's 2010-2014 Capital Improvement Plan for citywide projects. These projects are Categorically Exempt or have previously been assessed through Negative Declarations for other projects. Tentative City Council Meeting Date: June 2, 2009. Project Planner. Tim J. Haley, Senior Planner Mr. Tim J. Haley, Senior Planner, presented the staff report as follows: • Explained that the City prepares a Capital Improvement Plan each year for the acquisition and maintenance of publicly owned property and equipment. • Said that this CIP involves any expenditure in excess of $25,000. Items below that threshold are incorporated into the City's Operating Budget. • Said that the CIP 2009-2014 provides a list of projects by category. The CEQA determination per project is included in the staff report. • Recommended that the Planning Commission find the CIP to be consist with the City's General Plan and that they recommend that Council find the projects of the CIP to be Categorically Exempt under CEQA and/or that they have been previously accessed under other projects. Commissioner Alderete pointed out that the staff report states a need for consistency with Area/Specific Plans. The ECAMP (East Campbell Avenue Master Plan) is not on the list of plans listed in the report. Does that ECAMP not apply to the review of the Campbell Bridge Project? Planner Tim J. Haley said that the Campbell Bridge is a part of the ECAMP area but the ECAMP has not yet been adopted as a specific plan within the General Plan. Commissioner Alderete asked whether the Commission can consider the ECAMP or is the Commission's function just with the consistency of the CIP with the General Plan. City Attorney William Seligmann replied that the Commission is just concerned about the consistency of CIP projects with the General Plan at this time. Commissioner Alderete clarified that the ECAMP doesn't matter at this point. City Attorney William Seligmann replied correct. Commissioner Roseberry said that he is curious as to the timing for the Hacienda Avenue Improvement Plan. He also asked if the Hwy 17/Salmar interchange funding is allocated this year. How many projects in the CIP are deferred? Campbell Planning Commission Minutes for May 12, 2009 Page 10 Director Kirk Heinrichs advised that Public Works Director Bob Kass is present and available for specific CIP project questions this evening. Mr. Robert Kass, Director of Public Works: • Explained that the Hacienda Avenue Improvement Project is a placeholder right now. • Advised that they are considering the possibility of having a Green Street Project on Hacienda. • Said that there is real cash in reserve for this project but it is not enough to do the project as they have envisioned it. • Added that in the next two years they will be focusing on securing additional funding in grants and/or revenue. • Assured that they only put things into the CIP that have funding or if there is confidence that securing future funding is possible. • Said that including some of these items in the CIP is representative of a strategy to allow the City to be more competitive in securing grant funding. One such example is the Creek Trail access from Poplar. Including it in the CIP gives a better chance of competing for grants to fund it. They are also trying to look at opportunities for funding for the Highway 17/Salmar Project. • Reiterated that all other projects of the CIP have the actual dollars behind them. Commissioner Roseberry asked if the Highway 17 ramp is dependant on funds contributed from other development. He also asked if the Creekside Hotel project contributed to it. PW Director Bob Kass said that the hotel project actually contributed a proportional amount to the extension of Campisi through to the Pruneyard. He added that staff hopes to look at opportunities to identify development sites that could contribute to that project (Hwy 17off-ramp). Commissioner Alderete thanked PW Director Bob Kass for being here this evening to give the Commissioners the opportunity to ask questions. He asked about the Campbell/Leigh signalization project that is at the City's border with San Jose. PW Director Bob Kass said that this intersection is shared by San Jose and Campbell. The City has received a grant from CalTrans for this signalization project. It is possible San Jose might be asked to contribute to this. Commissioner Alderete asked about the Hacienda Avenue Improvement Project and why it is limited to between Burrows and Winchester rather than extending beyond that. PW Director Bob Kass: • Agreed that there are gaps in the sidewalk (including between Winchester and the Kaiser driveway entrance on Hacienda) that he would like to look at. Campbell Planning Commission Minutes for May 12, 2009 Page 11 • Said that one long range goal is to make it easier for residents to get access to the Creek Trail from the San Tomas Neighborhood Area. • Added that the primary driving factor for the Hacienda Project is the current very poor paving condition. • Reported that currently that there is no in-fill project for sidewalk gaps, which is usually installed as a part of private development. Commissioner Alderete said that this could take a long time to achieve and asked if interim solutions could be implemented such as striping walkway areas along the street paving. PW Director Bob Kass promised to look at it. Chair Ebner opened the Public Hearing for Agenda Item No. 4. Chair Ebner closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission took action to find the City of Campbell's 2009-2014 Capital Improvement Plan for citywide projects to be consistent with the City's General Plan and recommended that the City Council find the projects of the CIP to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Alster, Ebner, Gairaud Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Ebner advised that this item would be considered by the City Council at its meeting of June 2, 2009. *** REPORT OF THE INTERIM PRINCIPAL PLANNER The written report of Ms. Ciddy Wordell, Interim Principal Planner, was accepted with no additions. Commissioner Alderete asked staff for more details on Council's recommendation to commence work on a Parking Ordinance update. Director Kirk Heinrichs: • Reported that staff presented a study session to the City Council. • Advised that one part of the Community Development Department's 2007/08 Work Plan was to review parking standards. Campbell Planning Commission Minutes for May 12, 2009 Page 12 • Explained that the genesis for that review was the number of parking exceptions that had been considered more recently, which raised the need to re-evaluate current parking standards. • Informed that Council concurred with the need to conduct a review of the Parking Ordinance. • Stated that one or two Planning Commission study sessions would be held, beginning in July. Commissioner Alderete: • Asked that an extra effort be made to not allow too much of a momentum until the issue has first been discussed at a couple of Planning Commission study sessions. • Said that he hopes to have an open fact-finding mission at the first couple of study sessions. • Said that we need to be very careful as we go forward. • Pointed out that the concentration of high density development along the Light Rail Corridor is in its early stages. Director Kirk Heinrichs said that staff wants to frame the issue of the Parking Ordinance review on many areas. Commissioner Gibbons: • Said that she would like to reinforce Commissioner Alderete's observations. • Added that another entity needing attention is Senior Housing, which has only had one approved project recently. • Questioned the parking standard for seniors as being 50+ in age and requiring no car. • Stressed the importance in framing the discussion including shared parking. • Said that considering percentage of parking is an interesting parameter. Commissioner Rocha said that some who live near the downtown are impacted by parking that comes into the adjacent residential neighborhoods. Commissioner Alster suggested that the parking lot at the library could easily be used after library hours by downtown patrons. Director Kirk Heinrichs said that this is not the first time that suggestion has been raised. He cautioned that people do not always pay attention to signs and it is important to ensure that library parking is available to users of the library. PW Director Bob Kass clarified that both the Library and City Hall parking areas are available for public use after those facilities are closed for the day. He advised that overnight parking in the City's gravel parking lot is prohibited. Commissioner Gibbons announced that May is Historic Preservation Month. She informed the Planning Commission that the City of Campbell is welcoming a new home on the National Historic Register. Rudi and Joanna Herz's home (The Young House) Campbell Planning Commission Minutes for May 12, 2009 Page 13 on White Oaks Road will be dedicated at the end of May and house tours will be available. ADJOURNMENT The Planning Commission meeting adjourned at 8:39 p.m. to the next Regular Planning Commission Meeting of May 26, 2009. SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: ATTEST: . ~~ Ciddy Word ,Acting Secretary