Loading...
PC Min - 10/14/2014CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. OCTOBER 14, 2014 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of October 14, 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: ROLL CALL Commissioners Present: Commissioners Absent Staff Present: APPROVAL OF MINUTES Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Paul Resnikoff Pam Finch Cynthia L. Dodd Yvonne Kendall Philip C. Reynolds, Jr. Michael L. Rich Donald C. Young None Community Development Director: Planning Manager: Associate Planner: City Attorney: Recording Secretary: Paul Kermoyan Aki Honda Snelling Stephen Rose William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Kendall, seconded by Commissioner Finch, the Planning Commission minutes of the meeting of September 23, 2014, were approved with a minor correction to page 9. (7-0) Campbell Planning Commission Minutes for October 14, 2014 Page 3 • Added that it is premature to give a Parking Modification Permit when the whole center is not yet occupied. • Reported that need for commercial parking along Winchester is forcing the surrounding neighborhood to become overflow parking areas. • Advised that 59 percent of the parking at this site was filled in the middle of the day today. Additionally there are limited parking signs for 20 minutes and two hour maximums. • Suggested that people will more likely look for surface parking rather than parking in an underground garage. Otherwise they will park in the neighborhood over underground. • Urged the Commission not to approve this Parking Modification Permit as it doesn't make sense to do so at this time. • Assured that he does want to see this business in place and successful and he hopes to patronize it. Ms. Liz Gibbons, Resident on Cherry Lane: • Agreed that this is a great project and wonderful for the neighborhood. • Reminded that the Parking Code has changed since the project was initially approved and that any Use Permit to allow alcohol service runs with the property and not just a specific business owner. • Agreed that as proposed by this business owner, the service of alcohol will be incidental. Commissioner Finch sought clarification from the applicant that their clients would not be allowed to bring their own alcohol on site. Ms. Stacy Khanishian, Applicant and Business Owner, Bottle & Bottega: • Assured that ABC regulations would not allow clients to bring alcohol on site. • Added that beer and wine would be sold only during classes and to students participating in the class. Commissioner Finch asked Ms. Khanishian what the busiest part of their business day is. When do the bulk of their classes occur? Ms. Stacy Khanishian: • Replied that their busiest hours are between 6:30 and 9 p,.m. on weeknights and from 2 to 4:30 p.m. and 7 and 9:30 p.m. on Saturdays. • Added that parking issues have been addressed with Merrill Gardens and new signs have been proposed by the property managers. Commissioner Reynolds asked if it might be possible somehow to encourage car pooling. Ms. Stacy Khanishian said that they could so instruct their registered guests and also give instructions to encourage the use of the underground parking spaces. Chair Resnikoff closed the Public Hearing for Agenda Item No. 1. Campbell Planning Commission Minutes for October 14, 2014 Page 4 Commissioner Reynolds: • Said that he doesn't have too many concerns about this proposed alcohol service since the Police Department is okay with it and the fact it is an ancillary use to the art lessons. • Stated that his concern is parking. • Admitted that this whole neighborhood has serious parking issues from all directions. • Asked the City Attorney if there is anything the Planning Commission can do to encourage parking permits for that neighborhood. City Attorney William Seligmann replied that it is not in purview of the Planning Commission but the Commission can recommend that the Council look at the issue. He reported that there is a pilot project getting started in that area. Commissioner Reynolds said that he'd. like to hear the comments from the other Commissioners on the parking issue and is open for discussion. Commissioner Rich: • Agreed with Commissioner Reynolds. • Added that he loves the business plan and said that parking is the only concern. • Questioned what creative solution might be available. • Stated that this is a great business fit for this location. Commissioner Finch: • Said that she shares the concerns about parking. • Added that she loves the business model. • Recommended that people get creative and perhaps encourage employees to park off-site as well as to encourage garage parking by clients. • Admitted that it is more likely that people will utilize the closest parking they find available. • Stated that weekends would be the problem days with parking. • Suggested that the applicant consider backing up their start time to later so there will be a gap in uses between this use and Scrambl'z. Commissioner Rich asked if it is a "given" that there would be no overlap in operational hours between these two businesses. Planning Manager Aki Honda Snelling said that staff worked with Merrill Gardens to make sure of that. The public hours of operation for Scrambl'z end at 2 p.m. After 2 p.m. Bottle and Botega would commence their public hours. Chair Resnikoff sought clarification from staff that Merrill Gardens has agreed to restrict the hours in these tenant spaces in perpetuity. Is this binding on the next business(es) that occupy these spaces? Planner Stephen Rose: Campbell Planning Commission Minutes for October 14, 2014 Page 5 • Advised that any change of use would require a new permit. It would be either through an Administrative Planned Development Permit or a Conditional Use Permit. • Assured that the use cannot change without a formal review and approval. The pro-rated hours are locked for this tenant. Chair Resnikoff asked what if Scrambl'z were to leave and a new restaurant wants to occupy its space. Would these restricted hours still apply? Planning Manager Aki Honda Snelling replied yes. Chair Resnikoff asked whether they would have to come back to the Planning Commission to change hours in any way. Planner Stephen Rose explained that Scrambl'z is being processed via an Administrative Planned Development Permit. They are locked into hours up to 2 p.m. Any future restaurant using this restaurant space would be limited to the same hours unless they come forth with a new Administrative Planned Development Permit request to seek changes. Director Paul Kermoyan: • Clarified that the staff recommendation to support the Parking Modification Permit is based on all uses in place. • Reiterated that the use approval for Scrambl'z is via a staff level review that takes all site uses into consideration while evaluating. • Reminded that staff evaluated full use of the site in consideration of this Parking Modification Permit. However, in this case that would not occur due to the restrictions of the conditions of approval that stagger hours for two uses. • Said that a Parking Modification Permit would be more relevant if there is a request to modify hours of operation in the future for either Bottle &Bottega or Scrambl'z. Chair Resnikoff asked if a change in hours could be approved administratively. Planning Manager Aki Honda Snelling replied that staff worked closely with both applicants so that their hours of operation would not overlap. After Scrambl'z closes for the day, Bottle and Bottega will open. Commissioner Finch said that alcohol service is not an issue at all. It is totally incidental to the proposed use for art classes. She said she was in favor of this. Commissioner Dodd: • Said that she loves this business and has no problem with the alcohol service. • Questioned how parking can be managed and whether it is possible to "police" when customers actually leave the site. • Suggested that people may decide to leave their vehicles here and walk downtown. • Recommended that arrangements be made with Merrill Gardens to have its staff park underground in order to leave surface parking open for customers. Campbell Planning Commission Minutes for October 14, 2014 Page 6 Commissioner Kendall said that it seems there will be surplus parking during most daytime hours. Planning Manger Aki Honda Snelling said that is correct. Commissioner Kendall: • Reiterated that staff and employees should park underground. Residents should use their reserved parking downstairs. • Opined that there will always be spillover parking going into the neighborhoods. • Said that she lives in a neighborhood that deals with overflow downtown parking demand. • Pointed out that street parking is public that is available first come first serve. • Said that when communities grow it can include overflow off larger streets onto nearby residential streets. • Concluded that she is okay with parking, alcohol service and this proposed business. Commissioner Reynolds clarified with staff that Scrambl'z would not be brought forth to the Planning Commission for review. Planning Manager Aki Honda Snelling: • Replied correct. • Reported that Scrambl'z requires just a change of use approval. Since this is a Planned Development Zone, changes of use are handled via an Administrative Planned Development Permit done at staff level. • Assured that conditions would be imposed for parking that match this one. Commissioner Reynolds: • Pointed out that a popular breakfast restaurant often has a crowd that can wait between 30 to 45 minutes for a table. • Said that this center is not open yet but is already popular. That's a concern including any related impacts on the nearby neighborhood. Director Paul Kermoyan said that should Scrambl'z wish to open prior to 6 a.m. or after 11 p.m., their request would be brought forward to the Commission for late night hours. Commissioner Dodd asked how many employee spaces are needed at Merrill Garden. Planner Stephen Rose: • Said that the property management indicated that the peak hours at Merrill Gardens are between 8 a.m. and 5 p.m. Monday through Friday. There is approximately 30 staff on site for Merrill Gardens. • Said that there is a distinction between commercial and residential parking. • Pointed out that a number of staff at Merrill Gardens utilizes public transportation as they have many entry level positions. Campbell Planning Commission Minutes for October 14, 2014 Page 7 Commissioner Dodd asked who is it that is already parking there given that most of the retail spaces have yet to open. Planner Stephen Rose said that some surface spaces could be used by staff. He said that better signage has been promised and the property manager is involved in cleaning up the existing parking allocation problems. Commissioner Dodd asked if Scrambl'z would have to stop taking new food service orders by 1 p.m. in order to close by 2 p.m. Planning Manager Aki Honda Snelling said that a condition for last seating time could be added. Commissioner Rich: • Pointed out that Merrill Gardens' retail spaces has been vacant for some time now. • Added that staff has worked with Merrill Gardens to optimize parking. • Opined that these are two optimal uses that will be able to share parking with staggered operational hours. • Said parking would be worse if two standard 8 to 5 establishments were proposed instead of two uses with differing hours of parking demand. Commissioner Reynolds said that is a good point. He asked if there is designated parking on site for Merrill Gardens residents' visitors. Planner Stephen Rose said not at this time. There are reserved spaces for residents but none designated as visitor. Commissioner Reynolds: • Said that the issue is the parking spaces versus the number of people entering on this site. • Agreed that it is good that these two uses (Bottle & Bottega and Scrambl'z) will operate using staggered hours. • Said he was okay with the alcohol service and the Parking Modification Permit but would suggest forwarding a recommending onward to Council suggesting the initiation of permit parking for the nearby residential neighborhood that is already being impacted by overflow parking from businesses along Winchester. • Reminded that the old A&W site redevelopment project will result in similar concerns in the near future. • Reiterated that he doesn't want to forget the neighborhood. He wants to make this work somehow. Commissioner Finch: • Said that this is the best possible scenario. • Suggested two-hour parking signs on the west side. • Asked if it would be helpful to post signs reading "Scrambl'z parking only" up to a particular stated hour? Campbell Planning Commission Minutes for October 14, 2014 Page 8 • Advised that she is in favor of this request and that the use of alternate operational hours than those used by Scrambl'z is good. Commissioner Young: • Said that this business owner has gone out of her way to reach the best solution. • Added that he doesn't want to penalize this business for parking issues beyond her control. • Suggested that at some point, when special events are occurring, perhaps the adjacent church site would allow use of its parking. Commissioner Dodd: • Agreed with Commissioner Rich. • Said that this shared use is a great solution. • Stated that appropriate signage and patrolling of the parking for appropriate use is important. • Added that employees should be instructed to use underground parking to leave surface parking available for customers. • Concluded that she was absolutely in support of this. Commissioner Kendall suggested that perhaps during Downtown festivals that the CSO patrol the parking in this lot as well. Chair Resnikoff asked who enforces parking that occurs on a private parking lot. City Attorney William Seligmann replied that primarily the onus is on the property owner. If there are violations in parking provision, they are treated as Code Violations and the City brings action against the property owner to correct any violations. Chair Resnikoff asked staff how a busy restaurant can be emptied by 2 p.m. He said it was important that staff ensures that the Administrative Planned Development that will be processed for Scrambl'z handles that issue and the conditions for hours and parking are very strongly worded. Director Paul Kermoyan: • Said that when Merrill Gardens was initially under discussion, the neighborhood communicated very well its concerns and met with staff to discuss the issue of construction parking that overflowed onto their neighborhood streets. As a result, there was a coordinated effort with the Contractor to use the First Street Garage instead. • Referenced Condition 4(K) that indicates that upon three verified complaints, the Director may immediately reduce the hours, classes, etc, and bring the Use Permit back to the Commission for further review. • Assured that there would be opportunities to address problems should they occur in the future. Campbell Planning Commission Minutes for October 14, 2014 Page 9 Chair Resnikoff asked staff what triggers parking review and how is it possible to tie back parking violations to one specific business over another or is it the Merrill Gardens site as a whole that is considered. Director Paul Kermoyan agreed that this can be a challenge. This condition is related and can be imposed on the other business that will also occupy space using differing operational hours from this use within the Merrill Gardens retail space. Chair Resnikoff referenced attachment 7 that indicates typical class sizes that range between 15 and 30 participants. Planning Manager Aki Honda Snelling advised that there is a maximum occupancy load of 46 plus two employees. Chair Resnikoff said that the typical class size results in a parking requirement of between 5.75 and 9.5 spaces. He supported signage to get people to park in the right designated parking spaces. Commissioner Reynolds said that these efforts to control parking to this site sends the message to the surrounding neighborhood that their concerns are being taken seriously. Motion: Upon motion of Commissioner Finch, seconded by Commissioner Rich, the Planning Commission Adopted Resolution No. 4170 approving a Conditional Use Permit (PLN2014-196), Administrative Planned Development Permit (PLN2014-197) and a Parking Modification Permit (PLN2014-271) to establish a large art studio (Bottle & Bottega) with incidental beverage (including beer and wine) food (snack) sales and reduced parking requirements within an existing center (Merrill Gardens at Campbell) at 2125 S. Winchester Boulevard, Suite 110 & 160, with the following modifications: • Modify the closing hour to 9:30 p.m. Sunday through Thursday. • Require employees to utilize underground parking garage, by the following roll call vote: AYES: Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Resnikoff advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. **~ Campbell Planning Commission Minutes for October 14, 2014 Page 10 MISCELLANEOUS 2. Annual Administrative Approval Update: Staff will provide an annual report to the Planning Commission providing an overview of staff level applications processed and approved between October 2013 and September 2014. This report is for information purposes only. No action will be taken. Planning Manager Aki Honda Snelling provided a staff report as follows: • Provided an overview of the last year of Administrative Planned Development Permits reviewed at staff level. • Explained that these are minor permits within the P-D Zone that are reviewed and approved under a streamlined process. They include changes in use, additions to residents within a P-D Zone as well as additions (less than 10 percent or 5,000 square feet) to commercial/industrial buildings. • Asked the Commission if they would like for staff to continue with these annual updates each year. Commissioner Kendall said that she doesn't like to create unnecessary work for staff. She said that she is comfortable without an annual update on these Administrative PD Permits. Commissioner Finch said that she loves statistics and numbers. Since staff keeps records any way she would appreciate seeing this update to the Planning Commission continue to occur once each year. Commissioner Dodd agreed. She said that she likes to see this information and this update provides the Commission with an overview of what's going on in the community. It keeps the Commission up to date. She said that she appreciates the work done by staff and this update gives a nice running record of that. Chair Resnikoff said that since there are only about 7 to 10 Administrative Planned Development applications processed on average each year, it should not be too much extra work for the staff to report back once each year. ** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan made the following updates to the written report: • Advised that the next Commission meeting would consider another mixed-use development at 2295/2305 S. Winchester Boulevard, on the parcel next to the 7- Eleven. • Added that staff would prepare a memo to the City Manager outlining the Planning Commission's suggestion regarding permit parking on the residential streets directly adjacent to Winchester Boulevard commercial locations. Campbell Planning Commission Minutes for October 14, 2014 Page 11 ADJOURNMENT The Planning Commission meeting adjourned at 8:50 p.m. to Planning Commission Meetin o ctober 28, 2014. SUBMITTED BY: Cori ne Shinn, Recording Secretary APPROVED BY: /---~ ~°~~j Paul Resnikoff, Chair ~_ ATTEST: Paul Kermoya ,Secretary the next Regular