Loading...
PC Min - 04/28/2015CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of April 28, 2015, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Finch and the following proceedings were had, to wit: APRIL 28, 2015 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Pamela Finch Ron Bonhagen Yvonne Kendall Philip C. Reynolds, Jr. Michael L. Rich Donald C. Young Commissioners Absent Staff Present: APPROVAL OF MINUTES Vice Chair: Community Development Director: Planning Manager: Senior Planner: Associate Planner: Associate Planner: City Attorney: Recording Secretary: Cynthia L. Dodd Paul Kermoyan Aki Honda Snelling Cindy McCormick Daniel Fama Stephen Rose William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Kendall, seconded by Commissioner Young, the Planning Commission minutes of the meeting of April 14, 2015, were approved as submitted. (6-0-1; Vice Chair Dodd was absent) Campbell Planning Commission Minutes for April 28, 2015 Page 2 COMMUNICATIONS None AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None *** CONSENT A. Review and approval of corrections to the Planning Commission's adopted minutes and resolution from the meeting of September 9, 2014, for PLN2014-87 (200 E. Hacienda Avenue/1315 & 1357 Dell Avenue) for a Master Sign Plan with Sign Exception for the Vasona Technology Park. Director Paul Kermoyan: • Explained that the City Council has a Consent Calendar of items at each meeting to deal with several items that don't require a public hearing although the Council can elect to remove from this Consent Calendar and hold a hearing if desired. • Added that staff felt that this minor change to the adopted minutes and resolution documenting the action taken by the Planning Commission at its meeting of September 9, 2014, was needed but didn't require public hearing and thus is bringing it forward as a Consent Item. • Advised that he might well use the Consent Calendar process more frequently but not very often in the future. • Reported that taking action on a Consent Item is much like the approval of a set of minutes. The Commission makes a motion and second and takes a voice vote. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission approved the corrections to the Planning Commission's adopted minutes and resolution from its meeting of September 9, 2014, to correct the action taken for PLN2014-87 (Master Sign Plan with Sign Exception for the Vasona Technology Park. (6-0-1; Vice Chair Dodd was absent) *** PUBLIC HEARINGS Chair Finch read Agenda Item No. 1 into the record as follows: Campbell Planning Commission Minutes for April 28, 2015 Page 3 1. PLN2014-244 Public Hearing to consider the application of Alex Orner for a Modification (PLN2014-244) to a previously approved Conditional Use Permit (PLN2012-122) to allow for the continued operation of an existing free-standing wireless telecommunications facility, associated ground mounted equipment enclosure and supporting equipment, on property on property located at 1675 S. Winchester Boulevard in the P-F (Public Facility) 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: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report Commissioner Kendall presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project on April 14, 2015, and was supportive with no recommended changes. Chair Finch opened the Public Hearing for Agenda Item No. 1 Chair Finch closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Young, seconded by Commissioner Rich, the Planning Commission adopted Resolution No. 4202 granting a Modification (PLN2014-244) to a previously approved Conditional Use Permit (PLN2012-122) to allow for the continued operation of an existing free-standing wireless telecommunications facility, associated ground mounted equipment enclosure and supporting equipment, on property on property located at 1675 S. Winchester Boulevard, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Finch, Kendall, Rich and Young NOES: None ABSENT: Dodd ABSTAIN: Reynolds Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Finch read Agenda Item No. 2 into the record as follows: Campbell Planning Commission Minutes for April 28, 2015 Page 4 2. PLN2014-2531254 Public Hearing to consider the application of Sequoia Equities for a Modification (PLN2014-253) to a previous Site Approval (S 72-44) to alter the parking configuration of the La Valencia apartment community to restore the required number of parking spaces and a Variance (PLN2014-254) to allow use of reduced parking stall dimensions, on property located at 350 Budd Avenue in the R-3 (Multiple-Family Residential) 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, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report. Chair Finch asked if there were questions for staff. Commissioner Young sought clarification that if there are vacant units, there will be empty parking spaces left available. Planner Daniel Fama said that is correct. Commissioner Young asked if it is true that the leasing of parking spaces is occurring at other apartment communities. Planner Daniel Fama said he has heard that Avalon has it. Commissioner Kendall asked the reason behind the breakdown between covered versus uncovered parking spaces. Planner Daniel Fama replied flexibility. Commissioner Kendall asked if there is a way to implement covered parking for all spaces. Planner Daniel Fama explained that 234 covered spaces are required under the Ordinance. This site would have 292 covered spaces as proposed. Commissioner Bonhagen asked if it had been substantiated that there were 16 cars parked on the street that were associated with residents living at La Valencia. Planner Daniel Fama said that it was determined to be between 16 and 38 cars parked on the street at the time of that survey that were associated with La Valencia. Commissioner Bonhagen pointed out that that is the approximately number of spaces that they are currently short. Will that be enough to relieve the overflow parking that currently is parked out on the street? If so, what is the reason necessitating the Campbell Planning Commission Minutes for April 28, 2015 Page 5 parking assignments automatically to one space per one-bedroom unit and two spaces per two-bedroom unit? Planner Daniel Fama explained that it is felt that if tenants have to lease parking spaces on site many of them would instead elect to park on the street. Director Paul Kermoyan: • Explained that the applicant has indicated that the leasing program gives them flexibility to manage their site parking. By charging for parking, it allows them to remain competitive in rents. • Added that staff instead recommends that they add the cost for parking to the actual rental amount to create a level playing field to those apartment communities that do not separately charge for parking. Commissioner Young asked staff if the fire lane is not being impinged upon by this proposed layout. Planner Daniel Fama explained that there are four points of access and that Fire had reviewed the proposal and was comfortable with it. Commissioner Young asked if the size of vehicles was taken into consideration. Planner Daniel Fama responded that the space size is the same as that used for commercial parking spaces including shopping centers. It's the same size used at City Hall as well. Commissioner Reynolds asked the City Attorney if the Commission could propose that the owner require tenants to submit proof of vehicle ownership and/or require a form of parking permit process for vehicles parked on site. City Attorney William Seligmann said that the complex management could require tenants to list all vehicles on their lease. Commissioner Reynolds added that perhaps identifying tenant vehicles could be added as an addendum on current leases at renewal time. City Attorney William Seligmann agreed that if a lease reopens that could be done. Planner Daniel Fama added that some form of parking tag program could be conditioned. Commissioner Kendall asked staff if they knew the distance between La Valencia and the Light Rail Station. Planner Daniel Fama said no. Commissioner Rich asked how many tenants are leasing spaces. Campbell Planning Commission Minutes for April 28, 2015 Page 6 City Attorney William Seligmann said that the apartment management has not specifically documented that for him but that he has been advised that all spaces have been leased per La Valencia management/representatives. He added that there are 22 spaces that are subject to additional fee. Director Paul Kermoyan reported that Community Development Department staff and Campbell Police have traveled on site at all times of day and night and found that only approximately 20 percent of the leased spaces are ever occupied. Commissioner Rich asked how those leased spaces are being used. Director Paul Kermoyan said they use the leased spaces to remain competitive. When their rents are compared to other developments' rates that do not charge extra for parking, then their rental rates appear to be less expensive. Commissioner Rich asked staff to show where the leased spaces are located on the site plan. Planner Daniel Fama pointed the area out to the Commission. Planning Manager Aki Honda Snelling pointed out that some one-bedroom units might have more than a single car while some of the two-bedroom units might have just one or up to three cars. Chair Finch pointed out that the parking study was done a couple of years' ago. How were cars associated with La Valencia identified as such? Director Paul Kermoyan: • Explained that Campbell PD verified by checking vehicle registration records • Added that he personalty has visited the site and taken the opportunity to speak with residents there. He got an earful from one about the parking situation. Chair Finch asked the difference in size between auni-stall versus compact parking space. Planner Daniel Fama said that having a single stall size equates to auni-stall. A uni- stall is smaller than a "standard" parking space and bigger than a "compact" space. Chair Finch: • Admitted that she hates to see cops having to check car ownership. • Suggested the implementation of a pass or tag parking program for this site. • Asked if requiring use of affixed-to-vehicle permits count be required at La Valencia for its tenants. Director Paul Kermoyan: • Stated that staff can check the site periodically. • Added that with a Conditional Use Permit, the site can be constantly monitored for adherence to the conditions. Campbell Planning Commission Minutes for April 28, 2015 Page 7 • Cautioned that people may still elect to park on the street. • Pointed out that there is the belief by owners of single-family properties that they can park on the street but those living in multi-family developments may not do so. • Continued to say that by theory, single-family guests should also be parked on private property. Planner Daniel Fama said that it is anticipated to no more on-going enforcement by the City would be required once this site has reached full compliance on the provision of parking. He added that use of a hanging tag or a bumper sticker can be implemented. Chair Finch asked if that provision should be added to the conditions of approval, Director Paul Kermoyan said if the Commission wishes to add that as a condition they can. He added that he likes to monitor Use Permits to be sure that the conditions are effective. Commissioner Young asked for clarification that even if lease parking ceases there is still the need for the City to monitor. Director Paul Kermoyan replied correct. Chair Finch advised that there was no SARC review. Chair Finch opened the Public Hearing for Agenda Item No. 2. Mark Teufel, Property Representative: • Stated that they appreciate the work of staff and in general they agree with the recommendation. • Added that there are a couple of conditions of approval that they would like the Commission to reconsider. • Clarified that only 22 of the 100 unassigned spaces are available for lease. The remaining 76 unassigned spaces are still open spaces. • Pointed out that the lease amount is just $40 per month. • Said that the allocation condition that gives two spaces to two-bedroom units and one space to one-bedroom units is something that they disagree with. • Advised that sometimes atwo-bedroom unit has just one car while cone-bedroom unit could have two cars. • Suggested instead a condition for all spaces assigned to residents at all times. • Stated that they have two spaces that are available for potential tenants to use when visiting the complex to view the property. They would like those to remain available during the day and become available to residents after hours. Commissioner Bonhagen asked the rental rates for the one and two-bedroom units and the cost of the parking spaces. Mark Teufel said that one-bedroom units rent for $2,100 while two-bedroom units rent for $2,400. The parking space lease fee is $40 per month. Campbell Planning Commission Minutes for April 28, 2015 Page 8 Commissioner Rich asked Mark Teufel when they initiated paid parking. Mark Teufel replied 2009. Commissioner Rich asked why paid parking was implemented. Mark Teufel said for additional revenue for the property and as a means to provide a second reserved parking space for residents who desired one. Commissioner Reynolds asked about staff parking. Mark Teufel reported that two employees live on site and have assigned covered parking. There is no additional staff parking. Commissioner Reynolds asked about maintenance and groundskeeper staff parking. Mark Teuful said that there are no reserved spaces but they use vacant unit parking of which there are generally about 12 available at a 3 percent vacancy rate. Commissioner Rich asked why they do not support simply assigning two spaces for two-bedroom units. Mark Teufel said that this is inefficient. Some two-bedroom unit tenants have just one car. It is more efficient to allocate one space per unit. Commissioner Rich said that if they go with two spaces for two-bedroom units, there is not an issue with the new configuration. Mark Teufel said that it would be an issue as they would be required to reserve and/or allocate every single space on site, some of which would not be needed by the people to whom they are assigned. Commissioner Bonhagen asked Mr. Teufel is he has any idea what percentage of their two-bedroom apartments are leased to one vehicle tenants. What percentage of one- bedroom units are occupied by tenants with two cars? Mark Teufel said he doesn't have specifics but he guesses that about 20 percent of the two-bedroom units have just one car. He stressed that is but a guess. Commissioner Bonhagen asked about visitor parking. Can visitors utilize unassigned parking spaces? Mark Teufel said that there are hanging tag guest permits and each unit has two such permits to offer their guests to use one of the 76 open spaces. Some park on the street as well. Campbell Planning Commission Minutes for April 28, 2015 Page 9 Commissioner Young verified that there are 332 spaces on site currently. How many are leased? Mark Teufel said that 22 spaces are leased. Commissioner Young pointed out that the proposed layout will bring the number of on- site parking spaces to the required 352. What is the hardship of that? Chair Finch: • Said that the applicant advised there is an issue when aone-bedroom unit has two cars or atwo-bedroom unit has only one car but is automatically assigned two spaces. • Asked if parking allocations could be handled at an administrative level by the site managers. Mark Teufel said that it would require more management than simply allocating one space per unit as the standard. Commissioner Bonhagen asked how they foresee assigning parking spaces. Mark Teufel said they see one assigned space per unit. Commissioner Bonhagen asked if that means they would charge $40 for every additional parking space needed by tenants. Mark Teufel reminded that there are but 22 spaces available for lease and there is a waiting list for those. AI Lauder, Resident on California Street: • Said that he is a member of the impacted neighborhood. • Advised that these impacts resulted in initiation a parking program for their neighborhood. • Added that he is available for any questions. Commissioner Rich asked how the call for a parking program came about. AI Lauder: • Reported that it began in 2009 when the neighborhood noticed a large number of cars being parked in their neighborhood for extended periods of time. • Added that neighbors discussed this problem with City staff. They included the fact that their streets were not getting swept and garbage was not getting picked up and residents found themselves unable to park in front of their own homes. • Stated that he is pleased with what has transpired recently as they have already noticed improvements. Commissioner Rich asked what has been done. AI Lauder: Campbell Planning Commission Minutes for April 28, 2015 Page 10 • Reported that the parking permit program has been in place for the past couple of months. • Added that program has taken cars off their street at night. • Recounted that tenants were parking multiple vehicles on the street and never moved them. Neighbors were calling the Police Department after cars were left unmoved for 72 hours. They came and marked tires and often the car owners would remove the mark and/or just relocate their cars elsewhere on the street. Commissioner Rich pointed out that a "pilot" program indicates temporary. What will make it permanent? What are the criteria? Director Paul Kermoyan: • Explained that this is a new program that the Public Works Department is implementing and Campbell Police is monitoring. • Added that they checked in with Council at its last meeting and it seems that neighbors in the area feel it is a success thus far. It was decided that more evaluation was needed and the test program will continue for the intended six- month period (through June) at which time a broader discussion will be had and a decision made on whether to continue or cease it. Commissioner Rich asked if every resident has permits. Director Paul Kermoyan said that each resident is assigned a certain number of parking permits. AI Lauder: • Reported that residents pay for one permit and get a total of three. They can buy two more for a total of five permits. • Told the applicant that he appreciates what their property management has done here. Rich Pedley, Architect for Project: • Offered clarification by saying that a majority of the one-bedroom units are occupied by couples that would have two-car parking needs while young families using the two-bedroom units might only have one vehicle. • Opined that having the allocation based on bedrooms does not always work best. Chair Finch asked Mr. Pedley if installing solar on these new carports had been considered. Rich Pedley: • Said that possibility has not been broached by his clients. It represents a significant investment. • Added that most carports are capable of being retrofitted with solar at a later time. Chair Finch closed the Public Hearing for Agenda Item No. 2. Campbell Planning Commission Minutes for April 28, 2015 Page 11 Planner Daniel Fama clarified that as to future resident parking two spaces remain unassigned and could be used for that purpose. Commissioner Kendall: • Pointed out that as this apartment community was built in 1972 and in those days parking was not required to be paid extra for. • Suggested offering some form of incentive such as a clipper card if atwo-bedroom unit only has one car. She added that she and Commissioner Bonhagen estimate the distance from La Valencia to the Light Rail Station to be a walkable 3/ mile. • Added that she has no problem having two spaces available for use by potential future tenants. • Agreed that simply assigning one space per one-bedroom and two spaces per two- bedroom units doesn't necessarily make sense. Instead it could be pretty easy to assign needed parking in an administrative way that is not too difficult to manage. • Stated that she likes the idea of there being enough spaces on site per the original approval since taking parking off-site creates an adverse domino effect into other neighborhoods. • Said that if they charge for parking, they lose the affordability of housing. Commissioner Reynolds said that if the Ordinance does not disallow charging for parking this issue may be a grey area. City Attorney William Seligmann said there is nothing specific against charging for spaces but there is something that says spaces must be freely available. Commissioner Reynolds asked whether prohibiting La Valencia from charging parking fees the Commission might be creating restrictions that could subject the City to litigation. City Attorney William Seligmann said that this is a valid condition of approval for this application to ensure adequate on-site parking. Commissioner Reynolds: • Reported that he attended aone-day conference on the subject of parking and learned that parking is quite a science that takes years to learn. Minor changes could have major impacts. Issues to take into consideration include factoring the on-going vacancy rate and unassigned parking, shared parking such as the possibility that some residents work days while others work nights. • Suggested removing the parking fees and creating a Parking Management Program so the site could acquire enough spaces to discourage off-street parking. • Admitted that he really does not like the idea of condensed or smaller parking spaces. • Suggested a pilot program instead for this site. City Attorney William Seligmann clarified from the Ordinance that owners shall not prevent or restrict the use of parking without prior approval by the Community Development Director. Campbell Planning Commission Minutes for April 28, 2015 Page 12 Commissioner Reynolds advised that he drives afull-size pickup truck and is often frustrated by smaller parking spaces. He added that if one car is parked off the stall markings, there is a domino effect impact on other nearby spaces down the row. Director Paul Kermoyan said that if parked incorrectly in a commercial shopping center, there's no one specifically you can go to in order to complain. In this case, the complex has greater control due to on-site management and assigned parking. Commissioner Young: • Said that this is a complex issue. The original project was approved with 351 spaces but today there are only 322 spaces on site. • Questioned the impact of the reduced size spaces on issues such as removing strollers. • Pointed out that the Community Development Director and his staff have come up with this solution. It may be the best solution. • Reminded that provision of 352 spaces covers the potential tenants at full capacity. Commissioner Rich: • Said that paying for parking doesn't bother him. • Said that if there are 352 free parking spaces on site then he is okay with the rest being paid for but he suggested incorporating the cost of spaces in the rent. • Said that he would like to see 352 spaces and two for prospective tenant use. Commissioner Bonhagen asked Director Paul Kermoyan whether the site visits had been conducted prior to the pilot parking program currently underway in the surrounding neighborhood. Director Paul Kermoyan said yes. He said he did do his site visit when the issue was first raised. There have been several daytime site visits. Commissioner Bonhagen asked what the chance is that the pilot program will become permanent. Director Paul Kermoyan said he doesn't know that at this time. Commissioner Bonhagen said it sounds like it is working well and the neighborhood seems satisfied with it. Commissioner Kendall: • Said that her objection is to having any paid parking and not having enough on-site parking available to serve the site. • Added that a cost is being placed on the surrounding neighbors who now need to buy parking permits. • Reminded of a letter received from a resident of Corinthian House raising concerns about having to park further. Campbell Planning Commission Minutes for April 28, 2015 Page 13 Commissioner Reynolds asked what might be achieved by factoring in all suggestions made. He said that right now there is a low vacancy rate but in six months' time it could come back up. Commissioner Kendall asked what happens if one unit has three associated cars? Commissioner Reynolds: • Said that the property management should know the number of tenants and the number of vehicles per unit. That's a part of operating a business. • Admitted that he would like to hear from the experts. • Reiterated that he does not like the idea of tighter parking spaces and that should be a last resort. Commissioner Bonhagen: • Agreed that nobody likes tight parking spaces but the uni-stall is the standard for commercial parking. • Said that staff had considered how not to reduce the stall size but to do so would require tree removals to create the needed parking stalls. • Said that it seems that everyone agrees that they need to get back to 352 parking spaces. La Valencia is okay with smaller spaces in order to get more of them. • Added that it appears they were not fully utilizing the spaces and steering cars onto the street. He doesn't know why any apartment tenant would walk two blocks in the neighborhood if there were on-site parking spaces available. He added that the $40 per month parking fee is not that much. Commissioner Rich: • Said that they have already heard from the experts and the options have been shown. • Reminded that 352 is the minimum number of spaces needed to reach Ordinance requirements. Allowing fewer than that is just kicking the can down the road. • Suggested that there is enough information available to make a decision. Commissioner Young said that having assigned spots for each unit is the best solution here in case of full occupancy. Chair Finch: • Said that vacancy rates over time are generally unknown. While it is possible to plan for a specific percentage of vacancy, it is just as much possible to achieve full occupancy. • Admitted that she is surprised by the high vacancy rate now given that the rental market is tough. • Agreed with Commissioner Young that this is the best possible solution. She likes the idea of assigning spaces. • Suggested perhaps the use of moveable signs that management can use to identify those spaces that are currently available due to vacancies. • Reminded that when a lease is executed the tenant has to list who will live there and how many cars they will have on site. Campbell Planning Commission Minutes for April 28, 2015 Page 14 • Agreed that it can be nice to have larger spaces with larger vehicles to better access the side doors. • Agreed that dealing with anyone who is parking badly within marked spaces is possible since they can be identified by site management because spaces are specifically assigned. • Concluded that she will be supportive and thinks that something must be done here. Motion: Upon motion of Commissioner Young, seconded by Commissioner Kendall, the Planning Commission adopted Resolution No. 4203 approving a Modification (PLN2014-253) to a previous Site Approval (S 72-44) to alter the parking configuration of the La Valencia apartment community to restore the required number of parking spaces and a Variance (PLN2014-254j to allow use of reduced parking stall dimensions, on property located at 350 Budd Avenue, subject to the conditions of approval, with the addition of a condition to make two parking spaces available for future tenants to park in when touring the site and having those spaces become available to tenants after 6 p.m., by the following roll call vote: AYES: Finch, Kendall, Rich and Young NOES: Bonhagen and Reynolds ABSENT: Dodd ABSTAIN: None Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Finch read Agenda Item No. 3 into the record as follows: 3. PLN2015-120 Public Hearing to consider the application of The Socialight for a Modification (PLN2015-120) to a previous Site and Architectural Review Permit (S 98-17) to allow changes to the original floor plan including obscuring one exterior storefront window on property located at 368 E. Campbell Avenue in the C-3 (Central Business District) 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: Aki Honda Snelling, Planning Manager Ms. Aki Honda Snelling, Planning Manager, presented the staff report. Commissioner Kendall asked what is located behind this window. Is it possible to walk back there? Campbell Planning Commission Minutes for April 28, 2015 Page 15 Planning Manager Aki Honda Snelling said that it is not possible to walk behind this obscured window. The wall is part of the men's restroom. Director Paul Kermoyan: • Stated that staff does not have the authority to make a change of this significance in a project that had previously been approved by the Planning Commission. It was an inadvertent error. • Said that the options include leaving as it is or have the applicant take out the restroom. • Suggested that one option would be to paint the glazing so that it looks like the inside of the restaurant. • Added that he doesn't suggest removal of the window for replacement with awood- painted mural. Commissioner Kendall suggested having the painted window depict the same window treatments that will be visible from the other real windows. Director Paul Kermoyan said another option might be to paint the scene on the wall inside and return the glazing to clear. Commissioner Young said that he thinks the window belongs there. Commissioner Rich said that there will be outside seating placed in front of that false window partially blocking it. Planning Manager Aki Honda Snelling agreed that there will be two-seat tables place along this building frontage. Chair Finch asked if it is true that the sheer wall is impenetrable. Is it just a cost issue or is it simply not possible? Planning Manager Aki Honda Snelling said that the applicant explained that the site floor layout needed to be revised because of inability to cut into the sheer wall. The Building Official concurred with that assessment. Director Paul Kermoyan said that while it may be possible to require the relocation of the men's restroom but to do so would result in fragmenting the interior space and cut away from its functionability. Chair Finch said it seems the sheer wall can be cut into and has been. Chair Finch opened the Public Hearing for Agenda Item No. 3. Kirk Heinrichs, Resident on Lovell: • Said that he likes the discussion that is going on. • Stated that the demand for space in Campbell is going up, especially for restaurants. Campbell Planning Commission Minutes for April 28, 2015 Page 16 • Said that the concern about floor plans challenges to impact the streetscape frontages. • Added that this proposal has an adverse impact on the building frontage. • Stated his hope that the Commission, staff and applicant can work out a solution that gives a better result. • Reminded that the Downtown wasn't always this successful and he wouldn't want to see chinks in the armor. • Advised that once a space is converted into a restaurant use, it tends to stay a restaurant use as it is a very expensive process with much investment. It will be a restaurant for a long time. • Stated that it is not fair to ask this business owner to remove this restroom. • Reiterated that he would hate to see a blacked out window there. Commissioner Reynolds asked Kirk Heinrichs if he has a specific recommendation. Kirk Heinrichs: • Said that he supports the suggested made by Director Paul Kermoyan and agrees that it provides an opportunity for art in some shape or form. • Stressed the importance of working together to come up with something appropriate but he has no specific suggestion to offer. Others can give constructive advice. • Stated that he is confident that staff and the applicant can work it out. Steve Bonner, Applicant and Business Owner, The Socialight: • Said that he relied on the advice of his Architect and a Structural Engineer on the issue of cutting into the sheer wall. • Added that the Architect didn't know it was a sheer wall. The Structural Engineer said that span of sheer wall cannot be taken down or the building would collapse. As a result that came up with an alternative placement for the restroom. He hired the best and considered every possible option. • Admitted that it "killed" them all to cover up that window. • Assured that he is amiable to great ideas and can work with staff. • Added that he loves murals. • Opined that they are creating the finest and most classy restaurant to now be found in Downtown Campbell. • Said that he would take the time to work with muralists as it wants to make it as good as it can be. They will come up with something great. • Stated he was available for questions. Commissioner Reynolds reported that he stopped by The Socialight this afternoon to see the interior and spoke with the applicant at that time. Commissioner Young asked if they would be opening soon. Steve Bonner replied yes. Commissioner Young asked about an interior wall mural. Campbell Planning Commission Minutes for April 28, 2015 Page 17 Steve Bonner said that the Health Department has lots of rules and that might not be possible. Commissioner Young said that he doesn't want to delay the opening. Chair Finch closed the Public Hearing for Agenda Item No. 3. Commissioner Rich: • Stated that he is not in favor of a mural on Campbell Avenue. • Added that murals are open up to interpretation on issues such as what will not offend and what is appropriate. • Said that he is open to other suggestions and is in favor of what is seen here. Director Paul Kermoyan: • Said that Mr. Bonner is creating a beautiful interior for his restaurant. • Suggested that an interior view of the restaurant be painted on the window as if the window is not blacked out. It can be placed either outside on the glazing or on the interior wall. He suggested interior light as well. Commissioner Rich said that the window frame should be kept intact. Commissioner Young said that it is something to make this more attractive. It is important to get it resolved as quickly as possible. Commissioner Reynolds asked if the recommendation is for a continuance. Commissioner Young said that it makes sense. The owner is willing to take the time to make the best solution. Commissioner Reynolds: • Agreed that a continuance would allow ideas to be developed. • Said that he likes the idea of having the painting on this window reflect what's occurring inside the restaurant. • Added that perhaps the window could be changed so that it opens in case there are interior changes that would need to be reflected in this painting to match. • Asked if a continuance is appropriate. Director Paul Kermoyan: • Explained that the reason this application was brought forth in a rush was because final occupancy is contingent upon a decision on this detail. • Added that is why this is now before the Commission. • Cautioned that a continuance would delay the opening. City Attorney William Seligmann said that if the Commission specifies what they want to see there they can approve this tonight with a condition of approval calling out what is required. Campbell Planning Commission Minutes for April 28, 2015 Page 18 Commissioner Young asked if a conditioned occupancy is possible City Attorney William Seligmann said that he never recommends that. Once occupancy has occurred, it can be more difficult to reach compliance. Commissioner Rich said that he could approve this as is with the ability to change the obscured window after the Commission is given the opportunity to review the proposed scene to be painted on the obscured window. He asked if it is possible to approve "as is" and have the changes brought back to the Planning Commission. City Attorney William Seligmann said that is possible Commissioner Rich said that is the only option that will not delay the opening. City Attorney William Seligmann suggested that the condition be specific. Commissioner Rich said that he wants to see exactly what will be reflected in the painting. Commissioner Kendall said that she dislikes that idea and prefers something more generic and local such as orchard views. Something iconic that can represent a restaurant for a long time. Commissioner Rich said that he could not decide that today. Director Paul Kermoyan said the question is, "If the window wasn't blocked out what would you see?" The answer is the inside of the restaurant. Commissioner Young asked how much space there is between the wall and the obscured window. Director Paul Kermoyan cautioned that bringing a decision on art to the Planning Commission is possibly a First Amendment conflict. He suggested putting conditions in place to allow the staff and applicant to work together to come up with something appropriate. Commissioner Bonhagen said he likes the idea of a picture of the inside of the restaurant. Director Paul Kermoyan said that it perhaps could be returned to clear glass with a board behind it. Commissioner Rich said he would like to see depicted on the window what is inside. He doesn't specifically know how to accomplish that. Commissioner Kendall proposed that the picture represent lighted curtains with vague images of people behind them to match the curtains at the other windows. Campbell Planning Commission Minutes for April 28, 2015 Page 19 Commissioner Reynolds said that it could be conditioned that the appearance reflects what's on the inside of the restaurant to the approval of the Community Development Director. That would allow the opening day to go through as planned. Commissioner Rich said he likes that approach. He asked about the time line and suggested that a reasonable time line be established. Commissioner Reynolds said he'd like a time line to be imposed and suggested six months for conceptual approval. Director Paul Kermoyan: • Recommended imposing a condition of approval requiring a $5,000 cash bond at time of occupancy with a time incentive to get artwork completed. • Suggested setting a time line with concept required within 30 days. • Added that the cash bond would be returned upon completion of the work. Chair Finch: • Said she is sorry this came to this point due to an unfortunate staff error. • Added that she hopes to avoid such errors in the future. • Said that she agrees this needs to be approved because it was a staff error. • Stated that she is in favor of a condition of approval requiring a cash bond with an agreement on design developed within 30 days. The bond will be returned upon completion of the artwork. Commissioner Reynolds said that he took a tour of this restaurant building today and the interior is absolutely gorgeous. The concept of the interior is quite an asset to the City. Chair Finch suggested that the mural be painted on the back (interior) side of the window so that it won't be damaged. Director Paul Kermoyan said that the mural would need to be maintained. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Bonhagen, the Planning Commission adopted Resolution No. 4204 approving a Modification (PLN2015-120) to a previous Site and Architectural Review Permit (S 98-17) to allow changes to the original floor plan including obscuring one exterior storefront window on property located at 368 E. Campbell Avenue, with the following additions: • Modifying condition 4 to require the applicant to provide a surety bond in the amount of $5,000 with a 30-day deadline to provide conceptual artwork for review and approval by the Community Development Director; Strike "removal of black obscured glass" from condition 2, and Campbell Planning Commission Minutes for April 28, 2015 Page 20 • Require that the artwork environment of the restaurant, by the following roll call vote: AYES: Bonhagen, Finch, Young NOES: None ABSENT: Dodd ABSTAIN: None design reflects the interior Kendall, Reynolds, Rich and Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan added the following update(s) to his written report: • Clarified Item 1 B to advise that the pilot parking permit program would continue for the balance of the six month period and reconsidered further by Council thereafter. ADJOURNMENT The Planning Commission meeting adjourned at 10:22 p.m. to the next Regular Planning Commission Meeting of May 12, 2015. SUBMITTED BY: Corinne Shinn, Recording Secretary !~ APPROVED BY: Pam Finch, hair ATTEST: '~ ~ ~„ Paul Kermoyan, Secretary