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PC Min - 05/14/2013CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of May 14, 2013, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Reynolds and the following proceedings were had, to wit: MAY 14, 2013 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Philip C. Reynolds, Jr. Paul Resnikoff Brian Brennan John Razumich Bob Roseberry Commissioners Absent: Staff Present: APPROVAL OF MINUTES Commissioner: Commissioner: Community Development Director: Associate Planner: Associate Planner: City Attorney: Recording Secretary: Pam Finch Elizabeth Gibbons Paul Kermoyan Steve Prosser Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Brennan, seconded by Commissioner Resnikoff, the Planning Commission minutes of the meeting of April 23, 2013, were approved as submitted. (4-0-2- 1; Commissioners Finch and Gibbons were absent and Commissioner Roseberry abstained) Campbell Planning Commission Minutes for May 14, 2013 Page 2 COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Reynolds read Agenda Item No. 1 into the record as follows: 1. PLN2013-fi4 Public Hearing to consider the application of Abhinav Sagar for Sagar, A. a Conditional Use Permit (PLN2013-64) with a Parking Modification Permit to allow the establishment of a yoga studio in an existing commercial building on property located at 1300 White Oaks Road in an M-1 (Light Industrial) Zoning District. Staff is recommending that the 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, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report as follows: • Reported that the applicant is seeking approval of a Conditional Use Permit with a Parking Modification Permit to establish a large yoga studio at 1300 White Oaks Road. • Described the site as an approximately 2-acre property south of Camden Avenue. It contains <~ 40,000 square foot two-story building with 136 parking spaces. The proposed 2,400 square foot tenant space is located on the second floor. Other uses on site include R&D, warehouse and another fitness use, Extreme Fitness. • Said that the Zoning is M-1 (Light Industrial) and the General Plan land use designation is also Light Industrial. • Said that the project is a large yoga studio that will conduct 90-minute sessions for between 15 and 20 students. • Advised that two sessions will be held in the morning at 5:30 and 7 a.m. and two sessions in 'the evening at 5 and 7 p.m. • Said that issues of over-concentration and parking are to be discussed. Over- concentration can be found when facilities are within 300 feet of each other. Extreme Fitness is already located within this building through a Use Permit approval granted in 2004. That CUP did not include a limited time restriction so it will not expire. Campbell Planning Commission Minutes for May 14, 2013 Page 3 • Added that as there is this other fitness use on site, the Planning Commission must grant an exception to the location restriction. Staff recommends that this exception be granted. • Explained that the reason for the limitation is to preserve industrial areas for industrial uses. However, this particular tenant space is not appropriate for industrial uses. • Stated that 1:his use is not detrimental to the intent of the zoning district. • Said that the site provides 136 parking spaces and per the parking standards this use requires 12 spaces. Eight (8) spaces per capita are provided. Therefore, a Parking Modification Permit is required. • Reported that the proposed hours of operation are both before and after "normal" 8 to 5 business hours when other uses on site operate. This site has worked well for Extreme Fitness. • Pointed out that condition #4-G requires the preparation of a Parking Management Plan in the Event that parking issues arise. • Recommended that the Planning Commission adopt a resolution approving this Conditional Use Permit to establish a large yoga studio. Commissioner Resnikoff asked if this tenant space would basically be unoccupied between 7:30 a.m. and 4 p.m. Planner Daniel Fama replied yes. He said that the exception may be the performance of administrative functions. Commissioner Renikoff asked if the addition of more class sessions would be brought back to the Planning Commission for consideration. Planner Daniel Fama replied yes. He added that minor deviations from this approval could be dealt with on a staff level but added classes or operations between 8 a.m. and 5 p.m. would come back to the Planning Commission. Chair Reynolds opened the Public Hearing for Agenda Item No. 1. Abhinav Sagar, Applicant, said he was available for any questions. There were no questions for the applicant. Chair Reynolds closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Brennan, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 4101 approving a Conditional Use Permit (PLN2013-64) with a Parking Modification Permit to allow the establishment of a large yoga studio in an existing commercial building on property located at 1300 White Oaks Road, subject to the conditions of approval, by the following roll call vote: AYES: Brennan, Razumich, Resnikoff, Reynolds and Roseberry Campbell Planning Commission Minutes for May 14, 2013 Page 4 NOES: None ABSENT: Finch and Gibbons ABSTAIN: None Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Reynolds read Agenda Item No. 2 into the record as follows: 2. PLN2013-58/59 Public Hearing to consider the application of Tuyen Chung for Chung, T. an Administrative Planned Development Permit (PLN2013-58) and Conditional Use Permit (PLN23013-59) to allow the establishment of a restaurant use with beer and wine sales within an existing vacant tenant space located at the Safeway Shopping Center at 930 W. Hamilton Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that the 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: • Reported that the applicant is seeking an Administrative Planned Development Permit and Conditional Use Permit to allow the establishment of a new restaurant with beer and wine sales and outdoor seating area. • Described the project site as being on the south side of Hamilton Avenue, east of Marathon Derive. The tenant space is on the northeast corner of the main building that was previously Mervyn's and is not a Safeway. Other tenants of this building include a Super Cuts and a Home Consignment store. The site also includes a pad building housing a bank a, 1,200 square foot spec space and a gas station. • Explained that an Administrative Planned Development Permit is required to establish a new use within a Planned Development (P-D) Zoning District. The General Plan land use designation is General Commercial. The Admen Planned Development Permit is also needed for the outdoor seating. • Added that i:he Conditional Use Permit is required for the service of beer and wine in conjunctic-n with a restaurant. • Said that the restaurant will contain 83 indoor seats and 35 outdoor seats. The outdoor seating area will include a decorative wrought iron fence barrier. • Reminded that when this building was remodeled a wide sidewalk area was specifically included to attract a use that included outside seating. • Said that this use is consistent with the General Plan. • Explained that seating for a restaurant is evaluated based on the number of seats and staff. • Added that the minimum parking required for this entire site is 382 and 403 are provided, which means it meets and even exceeds the minimum parking standard. Campbell Planning Commission Minutes for May 14, 2013 Page 5 • Said that no early or later operational hours are requested by this applicant. They will operate under standard business hours. • Stated that this is a traditional sit-down restaurant with no late hours and no entertainment proposed. Campbell Police Department had no comments or concerns about this proposal. • Said that thE: required findings to approve this Administrative Planned Development Permit and Conditional Use Permit include evaluating whether this is the desired environment and/or use of this land; that it is not detrimental to the health, safety and welfare: of the City as a whole; and that it does not represent an over- concentratic~n of alcohol service. • Reported that this would be the only business with on-site service of alcohol. The grocery store and service station kiosk offer off-site alcohol sales. • Said that this project would not create a nuisance nor disturb the neighborhood. Operations will end at 10 p.m. resulting in minimum disturbance to the neighborhood. It would not create an increase in demand of services. • Recommended approval. Commissioner Razumich asked for clarification of the tenant space size as two different numbers appear in the report. Planner Steve Prosser verified the tenant space at 2,419 square feet. Commissioner (Razumich asked if the idea for the proposed wrought iron fence for the outdoor seating area is staff or applicant driven. Planner Steve Prosser reminded that the Alcohol Beverage Control Department (ABC) does not actually require fencing in of outdoor seating areas where alcohol is served. This proposed fencing is applicant driven in this case. Commissioner Razumich said that while there is ample parking for this property he wonders if outdoor seating areas are typically calculated against parking demand. Planner Steve Prosser replied yes. Commissioner Razumich said that a 2,400 square foot restaurant needs to provide 45 spaces. He pointed out that that level of parking is hard to accomplish except for larger centers such as this one. Commissioner Brennan asked staff if they could estimate the "pinch-point" that occurs in front of Sonoma Chicken Coop's outdoor seating when he often cannot pass by with his double-wide stroller. Planner Steve Prosser said that the sidewalk clearance is supposed to be four-feet but the tables in front of Sonoma Chicken Coop are moveable and often moved into the pedestrian path of travel. Commissioner Brennan said that encroachment is not a variable here with their proposed fence. Campbell Planning Commission Minutes for May 14, 2013 Page 6 Chair Reynolds: • Advised that he had called Director Kermoyan to discuss attachment #6, which was the applicant's statement. • Said that staff had recommended removal of a door. • Added that Director Kermoyan advised him that the applicant had re-worked his indoor seating in order to keep that door. Chair Reynolds opened the Public Hearing for Agenda Item No. 2. Chair Reynolds closed the Public Hearing for Agenda Item No. 2. Commissioner Brennan: • Said that he can't envision the proposed wrought iron fence. • Asked if it would be possible to suggest alterations to that proposed fencing. • Added that it is worth suggesting. Commissioner Razumich: • Agreed and said that he didn't think that Architect Ken Rodrigues, who designed this site, envisioned such fencing as part of his design. • Opined that this proposed fence takes away from the architecture of the center. • Added that overall he thinks this will be a great restaurant Commissioner Resnikoff said that a more permanent barrier is better since anon-fixed fence means that patrons tend to move out into the sidewalk area. Chair Reynolds: • Stated that he agrees about the concerns over the wrought iron fence. • Pointed out that there are already flower planters. • Suggested K>erhaps using planters with a short hedge to match what's already there and accent the building. • Said that he has seen hedges used at other restaurants as well as in Europe. Commissioner Roseberry: • Said that thE: dark color of the wrought iron fence jumped out. • Suggested thhat perhaps a lighter color might be better • Said that it nnakes sense to have anchor points at the ends. • Cautioned that a hedge becomes acourse/solid block that creates a solid wall while a fence can be controlled. They could lose seating space if the hedge gets too thick. Commissioner Razumich: • Proposed removing the fence at both ends and including planters on the corners and planters between areas of fencing, with the end design approved by the Community Development Director. • Agreed that a lighter color fence is less intrusive and would blend in with the building better. Campbell Planning Commission Minutes for May 14, 2013 Page 7 Chair Reynolds: • Raised concern about the parking and the queuing and circulation on site resulting from gas station. • Advised that there is often blockage of the queuing point particularly during commute hours. In the evening it gets backed up into the parking area from 3:30 to 4 p.m. onward. • Questioned how that queuing might impact this restaurant. • Said that there may be a conflict between people getting gas versus diners eating their meals. • Added that he has seen that queuing go on through 9 p.m. Chair Reynolds re-opened the Public Hearing for Agenda Item No. 2. Sunny Chen, Project Architect: • Stated that his client is aware of the gas station and the uses of the parking lot. • Admitted that they will have to see how it goes once open. • Assured that they are aware. Chair Reynolds said he just wanted to be sure that there are no "surprises". Sunny Chen said that this is a great location for this restaurant. Commissioner Roseberry asked Mr. Chen if he supports the concept of the fence changes to incorporate planters to anchor the fencing and is willing to work with the Community Development Director on the revised design. Sunny Chen: • Said yes. They are happy to explore options. • Added that they want to be sure to minimize the need for maintenance. • Assured that they are happy to upgrade the appearance of their fence. Chair Reynolds re-closed the Public Hearing for Agenda Item No. 2. Commissioner Brennan asked how parking problems that arise would be addressed. Director Paul Kc:rmoyan: • Said that thE: applicant could come back to staff. • Admitted that the structures are what they are. We are dealing with an already constructed site. • Added that i~f circulation problems arise, the applicant and/or staff could reach out to Safeway, owners of the entire property. • Said that either the site circulation could be reconfigured or a different Circulation Management Plan could be developed. Campbell Planning Commission Minutes for May 14, 2013 Page 8 Commissioner Roseberry agreed that the applicant could work with the property owners and other tenants. He suggested that how employee parking is handled is one way to deal with parking issues. Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Razumich, the Planning Commission took the following actions: • Adopted Resolution No. 4102 approving a Administrative Planned Development Permit (PLN2013-58) to establish a restaurant use with outdoor seating; and • Adopted Resolution No. 4103 approving a Conditional Use Permit (PLN2013-59) to allow on-sale beer and wine sales in conjunction with a new restaurant located at the Safeway Shopping Center at 930 W. Hamilton Avenue, • Added a condition that the applicant work with the Community Development Director on the outdoor seating area barrier to be more aesthetically pleasing and in a lighter color; by the following roll call vote: AYES: Brennan, Razumich, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Finch and Gibbons ABSTAIN: None Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Reynolds read Agenda Item No.3 into the record as follows: 3. CIP2014-2018 Public Hearing to consider the City of Campbell's 2014-2018 Staff Capital Improvement Plan for citywide projects for consistency with the City's General Plan. Staff is recommending that the project be deemed exempt under CEQA. Tentative City Council Meeting Date: June 4, 2013. Project Planner: Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Said that the Commission is asked to review the City's Capital Improvement Plan for the years 2014 through 2018 to verify consistency with the General Plan. • Explained treat the CIP projects include the acquisition and maintenance of publicly owned properties including the Campbell Community Center and City Hall. • Added that CIP projects are over $25,000 and are proposed within afive-year period. • Reported that there are 19 items included on this CIP. Ten of those items were included on the last CIP and nine items are new. Campbell Planning Commission Minutes for May 14, 2013 Page 9 • Said that the worksheets for the 19 items are attached to the staff report that also includes a list of General Plan policy strategies. • Said that while the Commission reviews for consistency of the 19 projects with the current General Plan, the City Council determines whether to proceed with specific CIP projects.. • Recommended that the Planning Commission find the CIP 2014-2018 to be consistent with the General Plan and to be Exempt from CEQA. • Pointed out that each individual project from this CIP would undergo required environmental review at the time each one proceeds. Director Paul Kermoyan: • Said that the various projects include street improvements, recreational opportunities, pedestrian access, accessibility improvements, storm water management as well as tools for the Campbell Police Department. • Said that the CIP represents "big picture" issues. • Suggested that the Commission see them as policies. • Reiterated that the Commission's role under State law is to find the CIP to be consistent with the General Plan. Commissioner Resnikoff recognized that there are nine new projects in this CIP. He asked if anything major from last year's CIP has been dropped. Planner Steve Prosser said that the Dell Avenue Area Plan (DAAP) has been removed from this new CIP. The RFP (Request for Proposals) has already gone out. Director Paul k;ermoyan assured that the DAAP is still a CIP project that has been funded $150,000. That money has now been set aside. The item is just no longer included on the CIP list. Commissioner Resnikoff asked if anything has changed. Planner Steve Prosser said no, just the time table changes as projects move up in the schedule. Commissioner Brennan: • Reiterated that the charge of the Commission is to determine consistency with the General Plan. • Said that seems a "low bar". • Added that he is not sure what a CIP might look like that is unacceptable. • Admitted that he is not sure how to approach evaluating 19 projects. • Said that a "gut check" indicates that this CIP looks good and can proceed. Planner Steve Prosser: • Reminded that the General Plan is a blueprint for future development and includes infrastructure for the public good. • Said that the Commission serves a "checks and balances" role in making sure that what is being brought forth with a CIP is consistent with the General Plan. Campbell Planning Commission Minutes for May 14, 2013 Page 10 • Added that when the City Council adopts a CIP, it has found that these are the right projects for right reasons. Director Paul Kermoyan: • Reminded that per State law, the planning agency must find conformance with the General Plan. • Assured that all 19 proposed projects are consistent with the General Plan. Commissioner Roseberry agreed with Planner Steve Prosser that the Commission's review represents a "checks and balances" role. He said the Commission is just the one doing the review. Commissioner Resnikoff said that Commissioner Brennan asked good questions and gave a few examples of projects that would not make sense under a CIP. Chair Reynolds asked staff for clarification of when the Council would review this CIP as two dates are indicated on the agenda and report, June 4 and June 18. Planner Steve Prosser said Council would consider the CIP at two meetings. The CIP will be introducE:d on June 4tH and adopted on June 18tH Chair Reynolds advised that he had asked if the City of Campbell has complied with the requirements to calibrate its signals for bicycles and motorcycles. Per the City Engineer, Michelle Quinney, the answer was yes. Chair Reynolds opened the Public Hearing for Agenda Item No. 3. Chair Reynolds closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Brennan, seconded by Commissioner Resnikoff, the Planning Commission took minute action to find the City's proposed Capital Improvement Plan 2014- 2018 consistent with the City's General Plan and to forward a recommendation that the City Council adopt said Capital Improvement Plan 2014-2018 and also found the CIP to be Exempt from CEQA as it does not represent a specific project, by the following roll call vote: AYES: Brennan, Razumich, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Finch and Gibbons ABSTAIN: None Chair Reynolds; advised that this item would be considered by the City Council at its meeting of JunE; 4, 2013. *** Campbell Planning Commission Minutes for May 14, 2013 Page 11 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 8:23 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of May 28, 2013. SUBMITTED B'Y: Corinn inn, Recording Secretary APPROVED Bti': ~t Philip~C.>Re Holds, Jr., C it < i ATTEST: Paul Kermoyan, Secretary