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PC Min - 06/10/2014CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of June 10, 2014, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Resnikoff and the following proceedings were had, to wit: JUNE 10, 2014 CITY HALL COUNCIL CHAMBERS TUESDAY Rai i rni i Commissioners Present: Chair: Commissioner: Commissioner: Commissioner: Commissioner: Paul Resnikoff Cynthia L. Dodd Yvonne Kendall Philip C. Reynolds, Jr. Michael L. Rich Commissioners; Absent: Staff Present: APPROVAL OF MINUTES Vice Chair: Community Development Director: Planning Manager: Associate Planner: Acting City Attorney: Recording Secretary: Pam Finch Paul Kermoyan Aki Honda Snelling Daniel Fama Lauren Valk Corinne Shinn Motion: Upon motion by Commissioner Kendall, seconded by Commissioner Reynolds, the Planning Commission minutes of the meeting of May 13, 2014, were approved. (5-0-1; Commissioner Finch was absent) COMMUNICATIONS There were no communication items. Campbell Planning Commission Minutes for June 10, 2014 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Director Paul K;ermoyan advised the Commission that there was a typographical error for Item 2. While a meeting on June 17th was identified in the description as a PC (Planning Commission) meeting, that meeting is actually a City Council meeting. He said he would clarify further when that item comes up for discussion. ORAL REQUESTS Gabriel Young, Resident on Dillon Avenue: • Reported that he participated in a community meeting conducted by the proposed developers on Dillon Avenue. • Added that he is impressed with the progress made. The project is better than it was. • Admitted that he does have some concerns. • Advised that he was approached by the developer with a buyout offer. • Said that he declined as he fears that were he to sell his Dillon property he would be unable to find another home in Campbell to purchase. • Informed that he currently cannot expand his home under the current regulations. • Pointed oui: that his property has the only existing home that will be directly adjacent to this development. There will be 50 luxury homes surround his property. He wants to be a part of these changes to the area moving forward. • Asked that 'the City keep an open mind to the people on Dillon and allow them to improve their land. Cristin Reichmuth, Resident on First Street: • Stated that she was born and raised locally and bought a condo in Downtown Campbell in 2007. Prior to that she rented at the Railway apartments. She even bought a car in Downtown Campbell. • Announced that she doesn't want to live here (Downtown) anymore but can't afford to leave and live elsewhere in Campbell. • Said that the increased growth including more bars and restaurants has had an impact. • Described the impacts from Downtown activity that range from loud music to bad behavior such as people urinating, vomiting, and/or disposing items such as cigarettes, condoms, garbage, syringes and more in the surrounding neighborhood. • Suggested that more police are needed specifically foot patrols. She understands that there should be seven officers but usually there are only five. • Suggested implementing metered parking, which might encourage people to go home when done rather than abandoning their cars overnight. • Suggested that adequate bathrooms be available to serve the needs of the patrons including a public restroom if necessary. • Asked that these concerns be taken into consideration. • Asked for NO MORE GROWTH. *** Campbell Planning Commission Minutes for June 10, 2014 Page 3 PUBLIC HEARINGS Chair Resnikoff read Agenda Item No. 1 into the record as follows: 1. PLN2014-26 (M to Public Hearing to consider the application of Whole Foods CUP) Inc., for a Modification (PLN2014-26) to a previously PLN2014-145 approved Conditional Use Permit (UP 94-03 / M 97-15) and (PMP) a Parking Modification Permit (PLN2014-145) to formalize Whole Foods, Inc. late-night operational hours and an expanded outdoor seating area, for an existing grocery store (Whole Foods) with approved retail alcohol sales, located at 1690 S. Bascom Avenue. 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, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report. Commissioner Kendall asked if the noise complaints received were for activities inside such as the bakers and/or janitorial services or was it outdoor activities such as leaf blowing. Planner Daniel Fama said that it was the leaf blowing and other activity on site that is more under the jurisdiction of the Shopping Center Management. Commissioner Kendall asked if there have been noise concerns based on regular business hour activity. Planner Daniell Fama said that there have been complaints when vagrants are accessing the trash after hours. Commissioner Dodd asked if there had been complaints regarding the CVS extended hours. Planner Daniel Fama said no. Chair Resnikoff asked if there are other local markets operating 24 hours. Planner Daniel Fama said that he knows that the Safeway on Hamilton is 24-hour but is not aware of others. Chair Resnikoff opened the Public Hearing for Agenda Item No. 1. Dwayne Kennedy, Attorney for Whole Foods: • Reported that Mark Barbierri, the Store Manager for the last eight years, is present as well. Campbell Planning Commission Minutes for June 10, 2014 Page 4 • Expressed appreciation for staff's time and assistance in finding solutions to help change the hours and legalize the existing outdoor seating. • Added that they hope for approval. Commissioner Reynolds reported that he conducted a site visit and had a discussion with the on-site security guard. It was a favorable discussion. Cheryl Salice, Resident on Ridgeley Drive: • Advised that she is afive-times-a-week Whole Foods shopper. • Added that she likes living within walking distance to retail. • Admitted that there are two things that she worries about. One concern is noise and the other is increased traffic on Ridgeley by trucks. • Questioned what number of violations it would take before operational hours would be reduced and who would decide the reduction. Commissioner Reynolds asked Ms. Salice if she believes the truck deliveries she hears are being made to the front or back of the store. Cheryl Salice replied that she does not know. Wayne Prescott, Resident on Robway Avenue: • Stated that the only noise he has heard was from trucks accessing the back. He hears trucks arriving before 7 a.m. • Questioned the increase of hours since they have already been operating those hours without approvals. • Added that he likes Whole Foods and supports the project. • Asked if any consideration had been given to the 167 apartments being built across the street. There is potential that this use could impact more people in the future. • Admitted that one has to expect some noise when moving close to commercial uses. Chair Resnikoft closed the Public Hearing for Agenda Item No. 1. Commissioner Reynolds: • Said that this use is in violation of its current conditions and is trying to come into compliance. With this modification, they will be within regulations placed upon them by the city. Conditions will be in place to give the city the ability to correct future issues. • Suggested placement of a chain at the back to prevent access there after hours. That would be a simple and inexpensive type of correction to prevent some noise impacts by keeping trucks from the back. • Said that hey would like to see more data brought before the Commission such as are there truck routes in the city? What are the weight limits or other restrictions for trucks? Director Paul Kermoyan said that there are some streets with specific truck restrictions on them but he is unaware if they are in place for this street (Ridgeley?). Campbell Planning Commission Minutes for June 10, 2014 Page 5 Commissioner Reynolds: • Suggested that the neighbors gather data on impacts so staff has something to go on. • Said he appreciates when a business comes forward and wants to move into compliance.. • Reiterated his suggestion to chain off the back driveway after hours. • Said he would be supportive of this request. Director Paul Kermoyan: • Reported that there is a chain for the back driveway on both sides. • Added that noise complaints have to be witnessed so nearby residents can call Campbell Police at night and the Community Development Department during office hours. Commissioner Kendall: • Said that she also appreciates the efforts to come into compliance. She doesn't like rule breakers. • Said it appears from what Director Kermoyan has said that there are chains in place to block off the back driveway at night. • Questioned whether the other businesses might not also need restrictions. Director Paul Kermoyan said that not all noise is associated with Whole Foods. That is the reason to call the Police Department to see where the noise is specifically coming from. Commissioner Kendall sought clarification that a chain was available on both ends of the driveway. Director Paul Kermoyan replied yes. Commissioner Kendall said that the request for a parking variance is not a concern. Commissioner Rich: • Agreed that Whole Foods is here trying to come into compliance. • Stated that he is in favor of their request and agrees with staff recommendations. Chair Resnikoff: • Said he has no problem with this request. The parking is fine and the number of seats is fine. • Pointed out that the Commission usually quantifies the number of complaints received by the Community Development Director before a Use Permit is brought back to the Planning Commission for review. Usually it's three. Asked if there is any reason that is not quantified here? Planning Manager Aki Honda Snelling said there is no reason not to include a specific number of complaints and that three is a good number. Campbell Planning Commission Minutes for June 10, 2014 Page 6 Chair Resnikoff said that with the addition of a condition that three verifiable complaints would bring this Use Permit back to the Planning Commission, he is comfortable with this request. Director Paul Kermoyan suggested modifying Condition 5(m) to include "three verifiable" complaints. Commissioner Reynolds suggested that the Community Development Director consider the complaints first. Chair Resnikoff said that the Director could keep the Commission apprised of any complaints. Director Paul K:ermoyan said that he could advise the Commission of any violations by Whole Foods ~nrithin his written Director's Report provided for each meeting. Commissioner Dodd said that is good and it would come back before the Commission after three violations. Motion: Upon motion of Commissioner Dodd, seconded by Commissioner Kendall, the Planning Commission adopted Resolution No. 4156 approving a Modification (PLN2014-26) to a previously approved Conditional Use Permit (UP 94-03 / M 97-15) and a Parking Modification Permit (PLN2014-145) to formalize late-night operational hours and an expanded outdoor seating area, for an existing grocery store (Whole Foods) with approved retail alcohol sales, located at 1690 S. Bascom Avenue, with the added condition that three violations would bring this Use Permit back to the Planning Commission for further review, by the following roll call vote: AYES: Dodd, Kendall, Resnikoff, Reynolds and Rich NOES: None ABSENT: Finch ABSTAIN: None Chair Resnikoff advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** MISCELLANEOUS Chair Resnikoff read Agenda Item No. 2 into the record as follows: Campbell Planning Commission Minutes for June 10, 2014 Page 7 2. Authorization by the Planning Commission to allow the Planning Commission Chair to provide a re-cap of the Planning Commission's discussion on the Socialight Conditional Use Permit application at the June 17th City Council meeting. Director Paul Kermoyan: • Explained that the intent of placing this item on the agenda was not to put the Chair on this spot. • Reported that the appeal letter on the Socialight project seemed to be inaccurate in some respects regarding how the Planning Commission reached its decision. • Said that hE~ wanted to see if the Commission wanted to delegate a representative to attend the June 17th Council meeting to explain to Council why no decision was reached. • Asked the Commission simply to discuss options and decide how it wants to proceed. Commissioner Kendall: • Said that shoe is not excited about one of the Planning Commissioners going to this Council meeting. • Added that she wouldn't want to unduly influence the Council in any way but rather leave it the way it is. • Opined that staff is very competent to represent the actions of the Commission. • Concluded that having a Commission speak out about its deliberations might feel adversarial. Commissioner Dodd: • Agreed with Commissioner Kendall. • Said that it would appear the Planning Commission is on the defensive and there is no reason to do so. • Added that she is comfortable with staff representing what occurred at that Planning Commission meeting. If there are inaccuracies in the appeal letter, is staff comfortable that they can set those straight? Director Paul Kermoyan replied yes. Commissioner Reynolds stated his agreement with what has been said. Commissioner Rich said he is on the same page and agrees as well. Chair Resnikoff said that the actions of the Commission's deliberations on the Socialight request are on the record through both the accurate meeting minutes as well as via the webcast of the meeting. He said that no vote is necessary this evening as the Commission will take no action to send a representative speaker to the June 17th Council meeting. *** Campbell Planning Commission Minutes for June 10, 2014 Page 8 Chair Resnikoff read Agenda Item No. 3 into the record as follows: 3. Mayor's Meeting Update. Chair Resnikoff: • Said that there are no minutes of the Mayor's Meetings to share as none are prepared. • Reported that the last Mayor's Meeting was held on May 15th. At that meeting, it was announced that the Annual Commissioners Dinner was tentatively set for October 1E~tn in the Orchard City Banquet Hall. Other topics included the announcement that Council is preparing a Study Session on Social Media. Representatives of each Board and Commission provided a brief update report on their activities that included: o Friends. of the Heritage Theatre advised that they have three new Board members. o The Civic Improvement Commission advised that their efforts at youth engagement would include a graffiti abatement program. o The Bicycle Committee is working on an eight-year plan. o The Planning Commission's most recent large project considered was the Creekside project. Commissioner Kendall asked for further information on the issue of social media. Planner Daniel Fama explained that it includes rules of conduct for staff, Council and the Planning Commission when using social media in an official capacity. Director Paul Kermoyan added that City Attorney William Seligmann was the presenter at the Social Media Study Session and stated that it is important to be careful with how social medial is used with things such as sharing pictures. *~* REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan: • Advised that there is an upcoming Council Housing Element Study Session on June 17tH • Reported that some residents are feeling the impacts of growth and have concerns about the placement of housing. • Added that one subject that will be considered is the desire expressed by some developers for the City to increase the residential density standards above the City's current maximum of 27 units per gross acre. One developer would like to see up to 50 units per gross acre. • Reminded that the General Plan is set up for how to sustain a growing population including infrastructure such as roads, water treatment, water, park land, etc. Density increases could create other issues in a ripple effect. Campbell Planning Commission Minutes for June 10, 2014 Page 9 • Agreed that we are at a "crossroads" and some important questions need to be answered. • Said that members of the Planning Commission are welcome to attend this study session on June 17tH. It is the second item on the agenda for a meeting that will begin at 5:15 p.m. Commissioner Reynolds asked if there would be a joint study session between the Planning Commission and the City Council. Director Paul Kermoyan said that had been contemplated but it is his understanding that a joint study session would not occur. Planning Manager Aki Honda Snelling outlined the timing for the Housing Element Update as follows: • Council Study Session on June 17tH • Draft prepared • Brought to Planning Commission for a Study Session • Brought to Council for a Study Session • Comments Incorporated • Sent to State Housing Community Development Department to review for compliance • Brought to Planning Commission for hearing • Brought to Council for final hearing ADJOURNMENT The Planning Commission meeting adjourned at 8:30 p.m. to the next Regular Planning Commission Me f une 24, 2014. SUBMITTED BY: Corinne Shinn, Recording Secretary APPROVED Bl(: ~~'~- Paul,-R`es~iko ~ ~ ~~ t ATTEST: ~ =~~ hair Paul Kermo~iari, Secretary