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PC Min - 05/25/2010CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of May 25, 2010, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Gibbons and the following proceedings were had, to wit: MAY 25, 2010 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Elizabeth Gibbons Michael Rocha Theresa Alster Jeffrey Cristina Mark Ebner Philip C. Reynolds, Jr. Bob Roseberry Commissioners Absent: Staff Present: None Community Development Director: Planning Manager: City Attorney: Recording Secretary: Kirk Heinrichs Paul Kermoyan William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion by Commissioner Alster, seconded by Commissioner Rocha, the Planning Commission minutes of the meeting of April 27, 2010, were approved. (7-0) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for May 25, 2010 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Gibbons read Agenda Item No. 1 into the record as follows: 1. PLN2009-132 Continued Public Hearing (from the Planning Commission Skillings, J. meeting of April 27) to consider the application of Ms. Jennifer Skillings, on behalf of Santa Clara Development, for a Minor Modification (PLN2009-132) to a Planned Development Permit (PLN2007-173) to modify the previously approved design to allow for incorporation of roof decks on properties located at 651, 655 & 671 W. Hamilton Avenue in a C-PD (Condominium/Planned Development) Zoning District. A Mitigated Negative Declaration was approved with the original project. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Assistant Planner, and Paul Kermoyan, Planning Manager Mr. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Advised that the applicant is seeking approval of a Modification to a previously approved Planned Development Permit that was originally approved by Council on March 23, 2009, for 11,149 square feet of retail space with 37 residential condos above and 65 three-story townhomes at the back of the site. • Said that they are here today to modify the project to introduce rooftop decks, which creates private open space for these townhome units. • Explained that with the original approval exceptions were granted. While Code requires the inclusion of 200 square feet of private and common open space as a usual standard per unit, this project was approved with 92 square feet per unit. • Reported that the changes would include raised parapets for an approximate four feet maximum from 37 feet to 41 and stairway structures (which are divided in half to serve two units each). • Said that the benefit of this change is the introduction of private open space areas for each unit. • Added that the concern about potential impacts on adjoining and surrounding neighbors was considered. Staff worked with the applicant to create a list of use restrictions for these decks that will be incorporated into the CC&Rs and were added to the conditions for the Planned Development Permit to offer further leverage for enforcement. Campbell Planning Commission Minutes for May 25, 2010 Page 3 • Said that SARC reviewed this project on March 23~d and recommended approval. • Pointed out the renderings that depict the differences between what was approved and what is now proposed. Commissioner Rocha presented the Site and Architectural Review Committee report as follows: • SARC reviewed this request on March 23, 2010, and was generally supportive. • Added that SARC asked the applicant to provide plans showing the height; that they notify the nearby neighborhood association and the adjacent Buddhist Temple of the proposed changes; that the uses be conditioned; and that photo simulations and alternate designs be prepared. Chair Gibbons pointed out that no plans depicting the modification of the floor plans below the roof decks, including the stairways leading to the decks, have been provided. She asked staff if there is any precedent occurring with this change and whether the deck area of the unit is counted as part of the density. Planning Manager Paul Kermoyan said that the deck area is not counted as floor area. He said that this addition offers a unique and very urban approach. Chair Gibbons reiterated that nothing submitted formally depicts the actual heights. She cautioned that the parapets have to be 42 inches. Planning Manager Paul Kermoyan agreed that what have been provided to this point are elevation drawings with hand-written notes. The height could potentially be approximately one foot height. Chair Gibbons opened the Public Hearing for Agenda Item No. 1. Ms. Jennifer Skillings, Applicant, Santa Clara Development: • Thanked staff for their work. • Stated that this modification offers a wonderful opportunity to take forgotten space and turn it into a distinctive amenity. • Said that the heights shown are a maximum and take all aspects into consideration. With very little change to design, they are able to create private open space. An added benefit is the ability to hide water heaters and AC units and create extra storage, which equals more room being left available in garages. • Explained that they consulted with an experienced HOA management company to develop the roof deck use standards. These regulations would be similar to those used to manage balconies, which takes into consideration aesthetics and opportunities for good use. • Added that upon staff's recommendation, amaximum height for furnishings placed on the decks was established and will be incorporated into the rules. • Reported that their project architect is available for questions. Campbell Planning Commission Minutes for May 25, 2010 Page 4 Commissioner Roseberry said it would be helpful to see the effect of the roof deck addition to the floor plan immediately below as well as a section of the roof and drainage system to see where water will go. Ms. Jennifer Skillings explained that water travels through the pavers, onto sleepers and off the unit through drainpipes. Commissioner Roseberry asked if these are inside the structure. Mr. Sam Lee, Project Architect, Santa Clara Development: • Assured that they would be fully water-proofing the roof using pavers on sleepers under the roof. Water will be directed toward the alley side through a scupper. Commissioner Roseberry asked if it would be in one direction. Mr. Sam Lee said that it is preferred that way and requires fewer downspouts. Commissioner Roseberry asked about the effect of this addition of roof decks on the floor plan below. Mr. Sam Lee said that this issue was considered and the floor plan below is not negatively impacted by this addition of roof decks. He said that the design itself has not yet been finalized as they wanted to make sure the design works. Commissioner Roseberry asked Mr. Sam Lee how deep the buildings are from front to back. Mr. Sam Lee replied 35 feet or so. Commissioner Reynolds asked about the inclusion of pre-plumbed natural gas lines. Is this going to be an optional feature or included on all units? Mr. Sam Lee said that it is their intent to stub out the natural gas on each unit. He added that this was discussed with Fire. Fire thinks that natural gas for fireplace use is safer than use of goals, a live fire or propane. Commissioner Reynolds asked if fire safety mitigations are incorporated. Mr. Sam Lee said that all current standard Fire sprinkler and Building Code requirements will be met. Chair Gibbons: • Stated that the lack of information concerning this modification concerns her. • Reminded that the Commission took eight moths over several study sessions and public hearings to reach a successful project approval. A lot of effort went into achieving that design. • Said that this proposal is problematic to her with six-foot-high walls. Campbell Planning Commission Minutes for May 25, 2010 Page 5 • Said questions remain including how the stairwells will fit in and the use of walls between units that between four and six feet high. Mr. Sam Lee said that the section cut depicts the fact that the stairwell equals a portion of the privacy measure between units. Chair Gibbons questions asix-foot high party wall between units. Mr. Sam Lee explained that there are different height levels including the lowest level, which is the guardrail portion; a pop up level to create privacy, which is the second height level; and the highest level, which is the stairwell wall. Chair Gibbons: • Expressed concern about the high element for the units at the edges of the buildings. • Added that she is not getting the actual design through the rough sketches and limited information being provided. • Reminded that this project spent months getting reviewed and approved. • Advised that the flatness of the existing design was a big design feature. To toss it (design) aside now seems somewhat superficial. • Reiterated that there is not enough information here and incorporating six-foot walls around multiple sides is of concern. Mr. Sam Lee agreed that the Planning Commission worked hard on approving the original design and achieved a good resolution. He said that the proposed drawing offers a good undulation for the proposed elevation, which adds more interest. He said they are raising the parapet height to meet guardrail heights, an increase of approximately 18 inches. Chair Gibbons closed the Public Hearing for Agenda Item No. 1. Commissioner Roseberry: • Said that the concept of roof decks appeals to him. • Added that he has a couple of concerns. One, he does not understand the elevations, which don't match the floor plan. Two, his second concern is the enforcement of use. • Agreed that roof decks would create great open space and would be a great asset for these units. • Said that enforcement of activities, structures, use of umbrellas of many colors, charcoal versus gas grills are of concern. • Provided a rough calculation to add to the parapet height that included two inches for pavers; two inches for the sleeper and roof insulation, which results in another foot in height on the front side with a 42-inch parapet on top of that. Commissioner Alster reported that the CC&Rs call for umbrellas of a certain color. She said she echoed the concerns of Commissioner Reynolds on the issue of Campbell Planning Commission Minutes for May 25, 2010 Page 6 incorporating barbecue safety and asked if Fire has signed off on provision of natural gas on the rooftop decks for barbecues. Director Kirk Heinrichs assured that Fire has signed off. He explained that recent changes to Fire Code prohibit use of propane and charcoal barbecues on balconies. Commissioner Alster: • Said she too wants to see the impacts of the inclusion of roof decks on the floor below. • Agreed that it might be premature to be considering this request. • Stated that it is a lovely idea if it can work design-wise. It would be a nice addition to these units. Commissioner Rocha: • Said that the applicant has tried to introduce a unique element. • Reminded that these would be owner-occupied units rather than rentals. • Stated that there would be a comprehensive list of rules for use. • Said that the applicant has done a very good job. • Reported that his home (built in 1999) was constructed including a natural gas outlet in the outdoor space. Commissioner Reynolds: • Said that he conducted a site visit and has concerns about height. • Stated that the addition of roof decks turns athree-story into 4-stories of use. • Explained that he had raised the possibility of story poles with Planning Manager Paul Kermoyan to offer a better idea of height and how that height would reflect on the neighborhood. • Said he was advised by staff that four-story tall poles were not possible. Commissioner Cristina: • Pointed out that since the sun rises in the west, this change will not block much sun at all. • Added that the key issue is enforcement but that is not the Commission's call. • Said that if the provision of private open space is part of the City's General Plan, this should be supported. • Stated that he likes the idea of incorporating roof decks but would like to see how it might impact the interior of the floor directly below it. Commissioner Ebner: • Said that he too likes the concept of roof decks. • Added that if he were living there, he would love it. • Stated that he can support this request conceptually but has further questions. • Suggested that perhaps a continuance might allow those answers to be provided. • Concluded that otherwise, he likes the idea of this. Campbell Planning Commission Minutes for May 25, 2010 Page 7 Commissioner Roseberry said that if these are quantifiable issues the question can be raised as to whether changes to this request need to come back to the Commission or could the Director finalize it. Chair Gibbons: • Stated that she has a lot of questions. • Pointed out that this is a large project for this community. • Reminded that due diligence was performed early on. The project received favorable treatment re issues of density and open space. • Said that what was approved was a fair project for the community and this developer. • Reminded that this is a very prominent site. • Added that this modification request needs the same level of due diligence as the original project received so she can be comfortable that this is indeed a minor modification. • Said to evaluate the impact to the neighbors across Darryl Drive, the Commission needs to see a section as seen from across that street. • Said that they don't have a context for this. • Reminded that a lot of concessions in regards to parking were granted. • Said that while roof decks offer interesting potential, the City must be careful not to set precedent. • Added that use of roof decks means lost opportunity for incorporation of solar or green roofs. • Reported that she resided in San Francisco. The building had lovely flat roofs with access. The tenants were unable to use that space due to neighbor impacts. • Said that while roof decks might be a great idea, they might be most valuable for only those units overlooking the site internally and maybe not for all of the units. • Suggested three options: 1. Motion to approve as submitted. 2. Motion to recommend additional information for approval by the Director. 3. A continuance to have the applicant provide the Commission with more information. Commissioner Rocha suggested that Chair Gibbons ask the applicant which option is preferred. Chair Gibbons re-opened the Public Hearing for Agenda Item No. 1. Mr. Mark Robson, Santa Clara Development: • Stated that the inclusion of roof decks is a great idea that he would like to see move ahead. • Added that he was confident that any outstanding questions regarding use of these decks could be worked out with staff and Fire. • Asked the Commission for its support. • Reminded that SARC was supportive and staff is supportive. Campbell Planning Commission Minutes for May 25, 2010 Page 8 Chair Gibbons re-closed the Public Hearing for Agenda Item No. 1. Commissioner Ebner said he is willing to approve this request with conditions to have staff work to address issues raised. Commissioner Rocha said he supports that idea as well. Commissioner Roseberry: • Stated he also supports allowing staff to finalize the details of this request. This would include a list of outstanding issues to work out such as the resolution of rain water drainage and provision of a floor plan for the floor directly below the roof deck level. • Added that he would suggest that several cut views depicting the thickness of the roof, parapet height and pavers. Chair Gibbons: • Suggested that elevations from San Tomas Expressway, Darryl Drive and within the project site be provided. • Said that it should be considered that not every unit has a roof deck. • Added that at this time she is not supportive as there is too much information missing. • Reminded that too much time was spent with the original approval to not take that time now. • Added that she has nothing against staff but this is a major project for the City. Director Kirk Heinrichs said that if this approval is to be finalized at staff level, he would appreciate the provision of very clear direction from the Commission. He said it would be helpful to have a list of the criteria the Commission wants staff to use in evaluating for final approval. Chair Gibbons said that this is too significant a project that underwent too many reiterations of design before reaching the current one. This is too big a project for staff to consider. It should be the Planning Commission and not staff. Commissioner Roseberry: • Agreed that a lot of work was done on the approved design including site circulation and other big elements. • Pointed out that most of the Commissioners appear to be okay with the inclusion of roof decks. • Added that he was not sure that limiting the roof deck feature to just some of the units rather than all is a good idea. • Said he was willing to put forth a motion at this time. Commissioner Cristina said that he doesn't understand why some units should not have the roof decks. Campbell Planning Commission Minutes for May 25, 2010 Page 9 Chair Gibbons clarified that she is suggesting that the exterior facing rows not have the roof deck. Commissioner Cristina said he would love to pass this on to staff. Commissioner Alster asked if the neighbors are aware of these roof top decks. Were they noticed of this meeting? Director Kirk Heinrichs said that this modification received the same noticing as the original project. Commissioner Ebner pointed out that Darryl Drive seems to be a fairly wide street. Director Kirk Heinrichs said it was standard size. Chair Gibbons reiterated that the proportion, use and design make this a substantive change to the originally approved project. She said that she could not support it at this time. Commissioner Reynolds: • Said that it sounds like this is not a minor modification. • Added that there appear to be a lot of unanswered questions. • Pointed out that what is currently at this corner is blighted. • Said that this is a major quality of life issue. Commissioner Roseberry reported that he was originally on the fence but is now sensing support for this addition. He said that the roof decks are an interesting concept. Some owners will use them while others will not. There are big issues, which is why it's being discussed here tonight. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3984 approving a Minor Modification (PLN2009- 132) to a Planned Development Permit (PLN2007-173) to modify the previously approved design to allow for incorporation of roof decks on properties located at 651, 655 & 671 W. Hamilton Avenue, with the following changes to the plans for review and approval by the Community Development Director: • Rainwater leaders - Hide the rainwater leaders within the structure or make them unobtrusive or an architectural element consistent with the building design; • Proposed height of building -Prepare plans that more clearly illustrate the height of the parapet in relation to the slope condition of the roof and assembly for rooftop pavers including the preparation of two cross sections, the locations of which would be selected by the Community Development Director; Campbell Planning Commission Minutes for May 25, 2010 Page 10 • Internal Floor Plan -Review the stairway leading from the roof deck to the interior of each unit to ensure that there is architectural consistency with the approved elevations and that the size of rooms, closets, circulation, etc., will not be compromised by this stairway; • Elevation Drawings -Elevation of all faces to be drawn with particular consideration of Darryl Drive and San Tomas Expressway to accurately reflect all wall heights, roof finishes, parapet heights. Drawings should detail each incremental piece including at the junctures of two mid-building units. by the following roll call vote: AYES: Alster, Cristina, Ebner, Reynolds, Rocha and Roseberry NOES: Gibbons ABSENT: None ABSTAIN: None Chair Gibbons asked staff if this action is final. City Attorney William Seligmann replied yes, unless it was referred back to the Planning Commission by the Community Development Director. ,~** Chair Gibbons read Agenda Item No. 2 into the record as follows: 2. PLN2009-122 Public Hearing to consider the application of Ailan Tran and Tran & Le Vinh Le for a Conditional Use Permit (PLN2009-122) incorporating Site and Architectural Review Permit approval. to establish a new dental office in an existing two-story office building, construct a 500 square foot first-story addition and remodel the exterior of the building on property owned by E. William & Charlotte Daerksen located at 1374 E. Hamilton Avenue in a P-O (Professional Office) 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. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Advised that the applicant is seeking approval to add square footage to an existing office building and introduce a dental office (medical use). In addition to the 3,700 square foot dental office, a spec 1,150 square foot medical office is proposed. • Said that the changes to the building are minor in nature. The applicant has worked to introduce materials more in the character of this neighborhood to give the building a face lift. Campbell Planning Commission Minutes for May 25, 2010 Page 11 • Reported that staff had recommended additional revisions including HVAC screening and access ramp materials. • Said that a more major issue is the fact that this property is actually two parcels, one of which contains the building and the other serving as the parking lot. A condition has been added to merge the lots into one. • Said that staff is supportive of this project. Commissioner Rocha asked whether the existing sign on site would remain. Planning Manager Paul Kermoyan said that they would probably change the face of that sign but the issue of signage was not raised. Commissioner Rocha said he has no objection to this project and agreed that merging the lots makes sense. Commissioner Alster presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project on April 13t" and was supportive. • Said that SARC determined that staff's recommendation for window replacement was unnecessary. • Added that SARC had expressed concern that use of a black metal roof might be too hot but was told by the applicants that they would meet all Title 24 requirements. Chair Gibbons opened the Public Hearing for Agenda Item No. 2. Mr. Vinh Le, Applicant: • Thanked the Commission for the opportunity to speak. • Said they are asking for approval to remodel this site into a dental office where they will practice general and cosmetic dentistry. • Said that when they are done, the property will be improved -both for safety and aesthetics that will improve the streetscape and the image of the City. • Added that they are happy to be coming to Campbell. Mr. Deepak Fatanakar, Project Architect: • Said that they had worked closely with the neighbors. Their biggest concern was the fence, which they came to an agreement about. • Said that the existing sign would be replaced under a separate application. • Said that staff did a wonderful job working with them on this project to help upgrade the look of this building. Chair Gibbons closed the Public Hearing for Agenda Item No. 2. Commissioner Rocha asked staff to clarify condition 6. Planning Manager Paul Kermoyan explained that it is intended to prevent any use that is inconsistent with State or Federal law. Campbell Planning Commission Minutes for May 25, 2010 Page 12 Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Alster, the Planning Commission adopted Resolution No. 3985 approving a Conditional Use Permit (PLN2009-122), incorporating Site and Architectural Review Permit approval, to establish a new dental office in an existing two-story office building, construct a 495 square foot first-story addition and remodel the exterior of the building on property owned by E. William & Charlotte Daerksen located at 1374 E. Hamilton Avenue, by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons, Reynolds, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Gibbons advised that this action is final unless appealed in 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Kirk Heinrichs presented the Director's Report as follows: • Reported that the Commission would consider the Safeway project at the next meeting. He added that due to the volume of material, the environmental materials would be provided a week early. ADJOURNMENT The Planning Commission meeting adjourned at 8:46 p.m. to the next Regular Planning Commission Meeting of June 8, 2010. SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: ~~2.~ `~ i th Gibbons, Chair ATTEST: Kirk H richs Secretary