City of San Carlos

San Carlos Planning Commission

July 16, 2007 7:00 PM

San Carlos City Hall Council Chambers

Approved Minutes

I. Meeting Called to Order

Vice Chair Phillips called the meeting to order at 7:02 pm.

II. Roll Call

All Commissioners were present.

III. Approval of Minutes

a) Approval of minutes:June 4, 2007 Planning Commission Minutes.

M/S Thompson / Iwasa to approve the minutes of the June 04, 2007 Planning Commission meeting as amended. Motion passed 5:0:0.

IV. Public Comment

None.

V. Public Hearing

Vice Chair Phillips initiated a change to the order of the agenda to hear the items as follows: b), c) and d).Unanimous vote to approve the change in order of agenda.

a) Application of Nitin Shah of 95 Hartford Avenue, for an Appeal to a Residential Design Review Committee (RDRC) decision, pursuant to San Carlos Municipal Code Chapters 18.104, 18.116 and 18.132 associated with a proposed first, second and basement floor addition to an existing single-family home within a Planned Community Zoning District (PC Ordinance #612) at 85 Hartford Avenue (APN: 045-212-080).

Serena Ponzo, Planner II, made an introduction to the Planning Commissioners on the request for a continuance.

Vice Chair Phillips asked the appellants to explain their reasons regarding the request for continuance.

Nitin Shah, property owner, had no comment for the Commissioners and referred to Maneesha Shah and their Attorney, Mark Watson for commentary.

Chair Royce gave an overview of the Residential Design Review Committee's decision and the basis of the approval.

Commissioners voted unanimously to hear the item.

Serena Ponzo, Planner II, made a presentation on the project and appeal and answered questions of the Commissioners.

Members of the public present were as follows:

• Karen and Bob Broderson, property owners and applicants of 85 Hartford requested denial of the appeal and spoke in support of their project.
• Nitin and Maneesha Shah, property owners of 95 Hartford Avenue and appellants, expressed their opposition to the project and requested design changes.
• Richard McDonald, Attorney, representing the applicants Karen & Bob Broderson of 85 Hartford spoke in support of the addition and informed the Planning Commission of the delays the project could incur if the appeal was upheld in the appellant's favor.
• Mark Watson, Attorney, representing the appellants Nitin & Maneesha Shah of 95 Hartford, made a brief presentation and expressed concern with the project proposal and the impacts it would have on the neighborhood, specifically, impacts to the adjacent property at 95 Hartford Avenue.He requested the Planning Commission deny the project proposal.
• Ed Moudry, 75 Hartford Avenue, spoke in support of the project and in opposition of the appeal.
• James Miller, Oculus Architecture, spoke in support of the project and in opposition of the appeal.
• David Thorne, Landscape Architect for 85 Hartford, spoke in support of the project and in opposition of the appeal.

M/S Divney / Iwasa to close the public hearing.Motion passed 5:0:0.

Chair Royce stated the appellants issues were reviewed tonight and at the June 14, 2007 Residential Design Review Committee meeting. The Building complies with the all City zoning regulations; the stability issued was addressed and met the technical analysis guidelines of the City geotechnical engineer as well as the appellant's geotechnical engineer.

Commissioner Thompson stated he felt that the architect sufficiently addressed the bulk of the appellants concerns through the building design and trees.

Commissioner Divney indicated concern with the landscape plan in relation to the maturity height posing a view blockage and commented on the exterior lighting.

Serena Ponzo, Planner II, referred to Condition #14 and its reference to limiting the tree growth beyond the plane of the addition and informed the Planning Commission that a condition of approval could be included to restrict the potential glare or spillover produced from outdoor lighting to adjacent properties.

Commissioner Divney pointed out that the condition refers to the vertical plane and the concern is with the horizontal plane the trees will grow past.Additionally, he recommended adding a condition to minimize glare or spillover lighting.

Commissioner Iwasa sited the de nova hearing that did not limit discussion and consideration to the 3 items of appeal basis as detailed in the appellant's application.She noted that the house met neighborhood compatibility and through the technical analysis as presented by Staff and the applicant, that these materials sufficiently addressed potential view blockage. She concluded with concern on setting limitations within the landscaping plan.

Commissioner Thompson requested confirmation on what the Planning Commission would be deciding on.

Greg Rubens, Deputy City Attorney, responded by denying the appeal they are approving the project and confirmed that the hearing is de nova; therefore, the Planning Commission does have the opportunity to review all design elements as proposed.

M/S Thompson / Divney to approve the proposed first story, second story and basement addition at 85 Hartford Avenue subject to the 39 conditions as amended and to uphold the decision of the Residential Design Review Committee (RDRC) based on the findings and for the reasons incorporated in the Staff Report.Motion passed 5:0:0.

b)Application of Michael Drewniany and John Olivia of Twin Dragon Kung Fu Academy for a Conditional Use Permit, to operate a martial arts academy, pursuant to Chapters 18.68 and 18.124 of the San Carlos Municipal Code at 151 Old County Road, Suite D (APN: 046 041 380).

Commissioner Divney recused himself from the public hearing.

Stephanie Bertollo Davis, Planner III, made a brief presentation on the item and answered questions of the Commissioners.

Michael Drewniany, applicant, made a presentation on the nature and the history of the business, mentioning how it is a beneficial and important service to the Community. He concluded with a request for approval of the Conditional Use Permit to the Planning Commission.

Commissioner Iwasa asked if the applicant had a preference on the days and hours of operation.

Michael Drewniany, applicant, responded that the preference would be to have the Conditional Use Permit refer to hours of operation, Monday through Sunday from 9:00 am to 8:00 pm.

Members of the public present were as follows:

• Keirsten Schiedeck, 143 Cerrito Avenue, Redwood City, spoke in support.
• Scott Phillip, 1325 Oakhurst Ave., San Carlos, spoke in support.
• Sherry Bueno, 958 Lupin Way, San Carlos, spoke in support.
• Christine Klein, 35 W. Summit Dr., Redwood City, spoke in support.
• Calvin Yuen, 4 Waterside Circle, Redwood City, spoke in support.
• Stephen Gray, 2413 De Koun, Belmont, spoke in support.
• Kathryn Alberti, 343 Manzanita Ave., San Carlos, spoke in support.
• Sheryl Pomerenk, San Carlos Chamber of Commerce, spoke in support.

M/S Thompson / Iwasa to close the public hearing.Motion passed 4:0:1.

Commissioner Thompson expressed potential concern with including Sundays into the approved hours of operation.

Vice Chair Phillips commented that there would be no increase in traffic congestion on Sundays and therefore, did not have an issue with including Sundays into the approved hours of operation.

Stephanie Bertollo Davis, Planner III, confirmed that the parking analysis completed for the project assumed hours of operation would be seven days per week.

Commissioner Thompson recommended changing all “shalls” to “is” for all conditions listed in draft approval condition #6.He then expressed his support for the project.

Commissioner Iwasa was pleased to see such support for a business and expressed her support for the proposal.

Chair Royce complemented the options available for keeping youth active and expressed support for the project.

M/S Thompson / Iwasa to approve the request for a Conditional Use Permit for the proposed business of Twin Dragon to operate a martial arts academy at 151 Old County Road, Suite D, in San Carlos as amended and based on the findings and for the reasons incorporated in the Staff Report.Motion passed 4:0:1.

c)Application of Bob Yanofsky of My Gym for a Conditional Use Permit to operate a commercial recreational facility, pursuant to Chapters 18.64, 18.86, and 18.124 of the San Carlos Municipal Code at 189 El Camino Real (APN: 045 320 200).

Stephanie Bertollo Davis, Planner III, made a brief presentation on the item, answered questions of the Commissioners and recommended that condition #9 be revised.

Commissioner Thompson inquired on the hours of operation so as not to restrict the business.

Bob Yanofsky, business owner and applicant, made a brief presentation and answered questions of the Commissioners.

M/S Divney / Iwasa to close the public hearing.Motion passed 5:0:0.

Commissioner Iwasa expressed support for the project which encourages activity with the youth but was concerned with the safety of children given the sites location along El Camino Real.

Bob Yanofsky, applicant, confirmed that there will be a security gate separating the lobby area from the activity center. A staff member will be monitoring the door during the periods of scheduled classes.

Commissioner Iwasa expressed concern with parking circulation, double parking issues and asked if the parking spaces were angled.

Commissioner Divney confirmed that the parking spaces are angled in the parking lot.

Commissioner Iwasa emphasized that Condition #8, which permits the Planning Commission to re-review the Condition Use Permit if there is a significant change in traffic, noise or circulation, is sufficient to address concerns with potential negative parking circulation impacts to the area.

M/S Thompson / Divney to approve the request for a Conditional Use Permit for the proposed commercial recreational facility (My Gym) at 189 El Camino Real in San Carlos as amended and based on the findings and for the reasons incorporated in the staff report.Motion passed 5:0:0.

VI. Reports, Correspondence and General Information

a) Report on recent City Council actions

Stephanie Bertollo Davis, Planner III, presented the recent decision by City Council of non-appointment for FLUC (Flooding and Land Use Committee) at this time. The charge of FLUC was to look at the Creek setbacks, flooding, Inter-Agency efforts toward the creek regulation and sedimentation in which they presented a series of reports to the Council. The Council decided not to formally reappoint FLUC at this point in time.

b) Planning Commission comments or reports

Stephanie Bertollo Davis, Planner III, provided an update to the Commissioners on upcoming appointments / reappointments for the Planning Commission.

c) Correspondence

Letter received from citizen regarding construction at 2826 Brittan Ave.The letter was discussed by the Planning Commissioners.

d) Planning Staff comments, reports and updates of current projects

Stephanie Bertollo Davis, Planner III, updated Commissioners of upcoming projects, which include: 167 Madera (New Single Family Residence), 850 E. San Carlos Avenue (Master Conditional Use Permit previously continued) and 595 Industrial Rd. (Conditional Use Permit & shared parking agreement) previously heard and continued at the June 4, 2007 meeting.

Al Savay, Community Development Director, provided the Commissioners with an update on the Palo Alto Medical Foundation project and the Railroad project.

VII. Adjournment