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PC Min - 09/08/2015CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of September 8, 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: SEPTEMBER 8, 2015 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Pamela Finch Cynthia L. Dodd Ron Bonhagen Philip C. Reynolds, Jr. Michael L. Rich Donald C. Young Commissioners Absent: Staff Present: APPROVAL OF MINUTES Commissioner: Community Development Director: Senior Planner: Associate Planner: Traffic Engineer: City Attorney: Recording Secretary: Yvonne Kendall Paul Kermoyan Cindy McCormick Daniel Fama Matthew Jue William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission minutes of the meeting of August 25, 2015, were approved as submitted. (6-0-1; Commissioner Kendall was absent) Campbell Planning Commission Minutes for September 8, 2015 Page 2 COMMUNICATIONS Director Paul kermoyan advised that four pieces of correspondence were distributed as follows: • Emails relating to Agenda Item 2 • Comps with Downtown restaurants (Agenda Item 2) • Definitions from CEQA (Agenda Item 2) • Correspondence from attorney for Carden Day School at 1980 Hamilton Avenue (Agenda Item 3) AGENDA MODIFICATIONS OR POSTPONEMENTS Motion: Upon motion of Commissioner Young, seconded by Commissioner Rich, the Planning Commission reorganized this evening's agenda so that Item 3 (1980 Hamilton Avenue -Modification to Modified Conditional Use Permit) would be heard before Item 2 (proposed Administrative Planned Development Permit with Parking Management Plan for a proposed Steak N'Shake at 501 E. Campbell Avenue) since it is an easier item to complete in less time. (6-0-1; Commissioner Kendall was absent). ORAL REQUESTS None CONSENT There were no consent items. PUBLIC HEARINGS *** Chair Finch read Agenda Item No. 1 into the record as follows: PLN2015-60 Continued Public Hearing to consider the application of Vertical Visual Solutions for a Sign Application (PLN2015-60) to allow a Master Sign Plan for amulti-tenant mixed use development on property located at 2105 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Cindy McCormick, Senior Planner Ms. Cindy McCormick, Senior Planner, presented the staff report. Chair Finch asked if there were questions of staff. Campbell Planning Commission Minutes for September 8, 2015 Page 3 Commissioner (Dodd asked about the different proposed sign and lettering sizes Planner Cindy McCormick showed examples and explained the differences. Commissioner Dodd provided the Site and Architectural Review Committee report as follows: • SARC reviewed this item at its meeting of August 11, 2015, and the applicant was agreeable to all of SARC's proposed recommendations except for one, the sign proposed for the trellis canopy. • Added that SARC asked the applicant to provide three options to that sign and those three options were provided and should be considered by the Commission tonight. Chair Finch opened the Public Hearing for Agenda Item No. 1. Angela Levenda, Applicant, Vertical Visual Solutions: • Explained that it was determined that the originally approved Master Sign Plan didn't allow adequate signage consistency in terms of size and placement. • Stated that she is available for any questions from the Commission. Commissioner Dodd asked about the trellis canopy sign and how thick the lettering is and how far/low it hangs down. Angela Levenda assured that it is consistent with the other signs in terms of thickness at a three-inch depth including the raceway and an eight-foot clearance. Chair Finch closed the Public Hearing for Agenda Item No. 1. Commissioner Reynolds said if there were no further questions or comments from the Commission he was prepared to propose a motion. Commissioner Dodd reminded that the Commission must decide on one of the three options. Director Paul Kermoyan: • Reminded that at SARC, staff suggested that the canopy be considered an architectural element and how best to mount the sign on it in a manner consistent with the other signage without disrupting the main entry element. • Added that as asked by SARC, the applicant has provided three options to consider. • Concluded that a decision on which of the three options to use must be decided before a motion can be crafted. Commissioner Reynolds said he supports the hanging sign with external lighting and pointed out that the lighting is decorative in itself. He said that is the Option 3. Commissioner Bonhagen asked about the size of signs Campbell Planning Commission Minutes for September 8, 2015 Page 4 Commissioner Dodd explained that the program provides up to maximum standards, which allows people to use their logos. Commissioner Bonhagen said it appears to allow for different widths. Commissioner Dodd said that they would all have consistent backgrounds. Commissioner Bonhagen said he likes the idea of the external light for the trellis canopy and asked about the potential for the wall signs to also have external lighting fixtures. Director Paul Kermoyan advised that everything is on the table at this time. If the Planning Comrission prefers external lighting to internal, they can so choose that option. Commissioner Bonhagen said that he likes the first sign proposal option with external lighting. Commissioner Rich said that Option 1 is too high. He said that is leaning toward supporting Option 2 but could be convinced for Option 3. Commissioner Dodd said that Option 1 overpowers; for Option 2 the trellis structure casts a shadow which is a disadvantage to that tenant. Her preference is Option 3. Chair Finch agreed saying that Option 1 is too high and Option 3 is her choice. Commissioner Bonhagen said that he too has been convinced for Option 3. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Bonhagen, the Planning Commission adopted Resolution No. 4238 approving a Sign Application (PLN2015-60) to allow a Master Sign Plan for a multi-tenant mixed use development on property located at 2105 S. Winchester Boulevard, subject to the conditions of approval as modified to include Option 3 to include external light, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Reynolds, Rich and Young NOES: None ABSENT: Kendall 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: Campbell Planning Commission Minutes for September 8, 2015 Page 5 3. PLN2015-196 Continued Public Hearing to consider the City-initiated Modification (PLN2015-196) of a previously approved Modified Conditional Use Permit (PLN2013-197/PLN2007- 128) for an existing private school (Carden Day School) located at 1980 Hamilton Avenue in the P-F (Public Facilities) Zoning District due to non-compliance with required performance measures. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision 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 of staff. There were none Chair Finch opened the Public Hearing for Agenda Item No. 3. Ms. Mezarin Vakharia, Attorney for Carden Day School: • Thanked the Commission for its flexibility in updating the draft findings and conditions for this proposed Modification. • Suggested language be added to the end of Condition 7D to include, "... or requests and receives a timely extension..." Chair Finch closed the Public Hearing for Agenda Item No. 3. Commissioner Rich said he has no issue with including the attorney's recommended change to Condition 7D. Commissioner'Young said he had no concerns. Commissioner Bonhagen asked for verification of the actual language being proposed for Condition 7D. Director Paul Kermoyan: • Said that there is a history here. • Reminded that this use has been brought before the Commission before and numerous extensions have been granted in the past. • Added that with this current application staff is proposing strict performance standards and already the applicant is asking for some flexibility to those strict standards to leave openings for extensions in the future. • Advised that the City always reserves the right to allow for extensions of approvals without that wording being a part of a condition of approval. Commissioner Xoung: • Agreed that this proposed modification to 7D is kind of what we already do. • Stated that he has no issue with or without adding that text to Condition 7D. Campbell Planning Commission Minutes for September 8, 2015 Page 6 Commissioner Dodd agreed that there is an automatic right to discontinue and/or extend an approval by the Planning Commission and recommended passing the conditions as they are with the knowledge that that flexibility is there if wanted. Commissioner Rich asked if future extensions would come to the Planning Commission. Director Paul Kermoyan replied yes. Chair Finch said that she can understand the school's attorney wanting something specific in the conditions. City Attorney William Seligmann confirmed that the Municipal Code allows an applicant to apply for any modification. Chair Finch said that she agrees with Commissioner Dodd that there is no need to add the proposed text to Condition 7D. Commissioner Reynolds: • Stated his agreement. • Reminded that as Director Kermoyan reported this project has come before the Commission numerous times already. At one point they brought forth a beautiful plan but it fell through. • Stated that the drafted requirements are fair and reasonable. • Said that it is time now to move on with this. He is okay with the language as it is. • Reiterated that the strict deadlines are fair and numerous extensions had already been granted in the past. Chair Finch asked staff if the proposed compliance dates are known to the applicant. Planner Daniel Fama said not specifically. The first part is tight but necessary in order to have the needed four months' time to go through the plan check process and secure building permit approval. Motion: Upon motion of Commissioner Bonhagen, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4239 approving a Modification (PLN2015-196) of a previously approved Modified Conditional Use Permit (PLN2013- 197/PLN2007-128) for an existing private school (Carden Day School) located at 1980 Hamilton Avenue, subject to the revised conditions of approval, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Reynolds, Rich and Young NOES: None ABSENT: Kendall ABSTAIN: None Campbell Planning Commission Minutes for September 8, 2015 Page 7 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: 2. PLN2014-309 Continued Public Hearing to consider the application of PLN2014-310 Cowlick, Inc. dba Steak N' Shake for an Administrative Planned Development Permit (PLN2014-309) and Parking Modification Permit (PLN2014-310) to allow establishment of a 'standard restaurant' (Steak N' Shake) with early morning operational hours ('late-night activity'), and outdoor seating on a new patio, remodel of an existing commercial building, and a reduction in the number of required parking spaces on property located at 501 E. Campbell Avenue in the P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision 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 of staff. Commissioner Young asked if the proposed site improvements would include re- striping of the parking lot. Planner Daniel Fama said that staff would work with the property owner to add some additional parking and motorcycle spaces. The parking would be striped as uni-stalls instead of a combination of compact and standard as the lot is striped for now. Commissioner Young asked if there have been similar Parking Modification Permits issued in the Downtown. Planner Daniel Fama: • Said that the Downtown restaurants are exempt from having to provide parking. • Added that this part of E. Campbell Avenue is intended to be a part of the Downtown but is treated differently because the site is zoned Planned Development rather than C-3. Commissioner Rich asked if the Dillon and Railway projects are considered when evaluating this proposed Parking Modification Permit. Daniel Fama said that it just takes current (today's) conditions into consideration when evaluating for a PMP. Campbell Planning Commission Minutes for September 8, 2015 Page 8 Commissioner Dodd asked if there is a blanket exception that Downtown restaurants don't have parking requirements. Planner Daniel Fama said yes. Commissioner Dodd asked if the possible re-striping of the existing parking lot with smaller stalls could also include street and traffic light improvements as well. Planner Daniel Fama said that some of the improvement plan for E. Campbell Avenue was done by the City and included widening sidewalks to encourage pedestrian use and bulb outs along the street. He added that Del Grande properties will be redeveloped and the Pruneyard will pay fees towards street improvements as a part of their site revitalization plans. Commissioner Reynolds asked staff if it is fair to expect more people, traffic and noise as the E. Campbell Avenue Master Plan (ECAMP) is implemented. Planner Daniel Fama: • Replied yes. • Added that there are several key redevelopment potential properties located along this portion of E. Campbell Avenue including the Greylands Center, the Del Grande properties and the Liquor Store Center, each of which site has just one owner. • Stated that it has taken two decades to come to fruition due to many owners having smaller parcels. Director Paul Kermoyan: • Said that the 40 on-street parking spaces nearby plus the parking lot's current 86 spaces; and the demand requirement estimated at 66, means that the on-site parking is just three-quarters utilized at peak times. Therefore this proposed use would not affect the existing off-site parking supply. Commissioner Dodd asked if the parking study takes into account that Jalisco's is already there on site. Planner Daniel Fama said that it takes into account the real life demand of the existing uses on site. Chair Finch asked about the proposed walk-up service window and the differences between sit-down restaurants versus fast-food restaurants. Planner Daniel Fama said that is a fair question that should be discussed. He added that the Commission could find that atake-out window is not appropriate as part of a sit-down restaurant. Chair Finch opened the Public Hearing for Agenda Item No. 2. Campbell Planning Commission Minutes for September 8, 2015 Page 9 Dan Leder, Business Owner of the proposed Steak N'Shake at 501 E. Campbell Avenue: • Explained that he has worked as a traveling salesman for the last 15 years and is the father of three young sons. • Advised that the restaurant business is an appealing opportunity for him to provide for his family and to serve a community. • Said that he likes this site due to its proximity to Campbell's Downtown and the Pruneyard. • Added that he would love to be a part of this area. • Explained that the walk-up window would be useful to provide service to those who come by bicycle as well as by nearby office building employees to pick up their meals. • Admitted that loss of the walk-up window is not a deal breaker. • Reported that they are opening early in order to provide full breakfast service. • Advised that their menu has a variety of items on a big menu that includes salads. It's not just "'greasy" burgers. • Said that he is available for any questions as is the representative here with him from Steak N'Shake. Jodie Cee, Resident on Orchard Oak Circle: • Explained that she is the Chair of her neighborhood group and is an eight-year resident of this area. • Said that they have submitted petitions to voice opposition to this proposal. • Stated her belief that this site is not exempt from having to provide adequate parking as required per the Parking Standards. • Said that they are counting on the Planning Commission taking into consideration just how much the street in her neighborhood can handle. • Opined that there has been inadequate parking analysis done. • Questioned the peak parking demand being just 66 when Steak N'Shake itself will need 50 spaces. • Suggested that this use contradicts the LUT's for the area. • Stated that .Steak N'Shake is not of the character of Downtown Campbell. It is too modern in appearance. • Expressed concern that this use would make this a more dangerous area. Pik Chu Wong, Yoga Studio Owner at Lloyd's Square: • Said that she is at Lloyd's Square every day. • Said that there is a high turnover and high traffic. • Congratulated Campbell for being selected to have a Steak N'Shake established in its community. • Admitted that she is not sure that Lloyd's Square is a good home for such a high traffic use such as Steak N'Shake. • Listed her concerns as including: o parking capacity; o the fact that there are residential uses around Lloyd's Square; o increased traffic when both left and right turns off Page are already quite difficult and dangerous; Campbell Planning Commission Minutes for September 8, 2015 Page 10 o the fact that the intersection of Foote @ E. Campbell is really close to the signal and traffic often backs up beyond Page; o that traffic often blocks intersections despite being marked with "keep clear" language printed on the intersection itself; o the potential for smell and/or noise impacts from this use; • Pointed out that there are a lot of health-oriented uses in this center including her yoga studio, an optometrist, an athletic shoe store, etc. • Added that she is personally concerned with the viability of the business she's worked so hard to grow over the last few years. Wayne Prescott, Resident on Robway: • Said that he agrees with some points raised including potential for odors, traffic, noise and trash. • Agreed that parking needs to be addressed, if not now at least when the rest of E. Campbell Avenue gets redeveloped. • Said that there are benefits to living near Downtown Campbell and having nearby Light Rail access. • Added that restaurants are to be expected and reminded that this whole block is going to be three to four-stories tall with future development. • Said that traffic increases are in part due to being forced by State law and social engineering to become more high-density. Pat Clark, Resident on Maple Avenue: • Said that presently there is enough space in front of her house to park two cars. • Added that is the same for most of the houses on Page and Poplar. • Reminded that there are only two ways out of this neighborhood. • Stated that left turns out are dangerous due to the proximity of signal, the number of pedestrians (including those pushing strollers), bicyclists riding on the sidewalk and a lack of space on the road for cars. Arlene Rodriguez, Resident on Maple Avenue: • Advised that she is a 15-year resident on Maple and chose this neighborhood because she liked it as a quaint and cute neighborhood. • Asked why Campbell cannot stay more like Los Gatos and Saratoga. • Stated that she is concerned about night time visitors and the associated noise with their presence. • Questioned ,just how much more they are going to get in this vicinity. John Lewis, Resident: • Stated that he has operated a business in Downtown Campbell for the last six years. • Said that hey has been told by his clients/visitors that it can be a challenge to get parking. • Pointed out that it appears every development has requests to allow reduced parking. There are always changing rules for parking. He suggested that the format of a Parking Study be made more relevant. • Cautioned that the failure rate for restaurants is high. Campbell Planning Commission Minutes for September 8, 2015 Page 11 • Concluded that he didn't want Campbell's Downtown to be known as "Restaurant Central". Bob Temmerman, Resident on Orchard Oak Circle: • Introduced himself as the President of his Homeowners' Association, for a development which has 32 owners. • Advised that he had emailed the HOA Board's written comments to Planner Daniel Fama and would like to emphasize some of the points made. • Said that although there have been questions raised about the characterization of this proposed restaurant; the Board takes no position on that issue. • Stated that the Board believes that they will be the most impacted by the proposed Parking Management Plan. • Questioned how the need for 33 parking spaces can be ignored. Where will they go? • Predicted that overflow would go onto Page, which is the entry point for their homeowners and where they park. This project will encroach on their parking. • Said that he didn't think that the PMP should be granted. • Suggested that should a traffic light be placed at Page & Campbell, opposition by this HOA Board would be reduced a bit but he is not sure when that signal can be installed. • Stated that it is significantly difficult to turn onto E. Campbell Avenue (both left and right turns). The Rage Salon building limits views needed to safely make left turns. • Opined that traffic is understated in the report and will greatly increase. • Suggested that the PMP be denied and/or expedite the installation of a traffic signal if the PMP were to be approved. • Added a suggestion to remove two street parking spaces at Page to allow more visibility for turning out onto East Campbell Avenue. Jon Dixon, Resident on Page Street: • Recounted that the homes along Page are circa 1920's homes that have single- width driveways with detached garages. • Stated that households with two or more cars use street parking. • Reported that on a daily basis traffic gets stacked and predicted that Campbell Avenue is going to turn into a parking lot. Laurie Hendry, Resident on Harrison Avenue: • Reminded that another hamburger restaurant, Habit Burger, is coming soon to Campbell at Bascom. • Stated that Mt seems the City is overlooking future redevelopment of the Greylands property and the new residential developments already approved for this immediate area. There will be thousands of new people coming through this area every day. • Expressed concerns about noise impacts with this proposal with operational hours from 5 a.m. to 11 p.m. She advised that she likes to sleep with her window open. • Said that previous uses of this tenant space (Tread and Bradley Video) were not a problem. • Asked that the Commission think ahead. This can create a massive change in lifestyle for this neighborhood where she has lived for the last 11 years. It doesn't feel like her "place" anymore. Campbell Planning Commission Minutes for September 8, 2015 Page 12 Lisa Harmer, Resident on Briarwood Way: • Expressed concern that the traffic analysis done reached a conclusion of "no significant impacts" and therefore no major traffic study was prepared. • Reported that there is a commuter traffic problem there now. • Said that the immediate area is intended to become a mix of housing, retail and restaurant uses. • Stated that a broader long-term look at traffic along E. Campbell Avenue is required. Danielle Burkhart, Resident of San Jose: • Said that she is a former resident of Campbell and a client of businesses in this center, the dog groomers and yoga. • Stated that when there are 18 students in the yoga class she attends at the Lloyd Square Center for which there are 18 associated cars all arriving at about 5:30 p.m. Matt McLaughlin, Resident on Maple Avenue: • Advised that he is a 30-year resident and agrees with the previous speakers this evening. • Said that the City is obligated to protect their neighborhood. • Added that they deserve to not have to fight the traffic that already exists. • Implored the Commission to consider the nearby residents' concerns as much as they consider the business owners'. Bruce Bowen, Owner of Lloyd Square: • Reported that when this center was designed 30 years' ago, they had been asked to look at the intersection of Campbell and Page. • Reminded that this has been along-time problem but it sounds like it will be resolved. • Said that he too has experience coming out of Page as well since he works in the Downtown. • Said that when Tread vacated this space, they looked at it as an opportunity and thought that perhaps a restaurant there would further the goals of the City's plans for this area. • Added that he felt lucky to find Steak N'Shake, where one can get a great meal at a great price and that caters to families and does not serve alcohol. This restaurant closes to the public at 10 p.m., not 11 p.m. It is a perfect restaurant. He went to a Steak N'Shake with his family and enjoyed a great meal and dining experience that his kids also loved. • Predicted that any potential overflow of parking off-site would more likely end up on Foote than Page, Maple or further. • Reported that at the community meeting two key issues were raised. One was odors. As mitigation a scrubber for exhaust will be installed to make sure there are no food odors leaving this location into the neighborhood. • Said that they are also proposing the installation of a camera directed at Foote to ensure that loitering does not develop there. • Said that modifications to the dumpsters on site are proposed. Campbell Planning Commission Minutes for September 8, 2015 Page 13 • Concluded that they will be restriping the existing parking from the current mix of full-size and compact to a single stall size (uni-stall) that will allow more spaces to be accommodated on site. Chair Finch closed the Public Hearing for Agenda Item No. 2. Commissioner Reynolds: • Assured that he read every letter received from the public on this proposal and reviewed the submitted petitions. • Added that he puts a lot of thought into protecting neighbors but there is a different situation here in the Downtown Core, which is stilt evolving and growing. • Reminded that the City has an adopted East Campbell Avenue Master Plan (ECAMP) that is a part of the City's General Plan. • Stated his belief that the City is long overdue to update the Traffic Circulation Element of 1:he General Plan. • Said that a large portion of traffic problems is derived from cut-through traffic from neighboring cities. • Questioned whether it is right to penalize growth in Campbell because others are driving through our City. • Suggested that when a person purchases a house, which is a major purchase, they should expect changes to their surrounding neighborhood. !t is important to consider your surroundings when you purchase particularly when it is near a commercial zone. • Reminded that cities and downtowns evolve. • Cautioned that this restaurant proposal is just one of many changes coming to this area that could snowball quickly into other changes. • Said he considers Steak N'Shake to be an old-time Foster's Freeze or Dairy Queen type of restaurant. Perhaps like Mel's Diner. • Clarified that there is no drive-thru component to this proposal. • Added that the despite the estimated 80 employees and questions as to where they would park, they would not all work at the same time. • Said that this use would create and/or add to a walking environment. It will also serve as an amenity to the housing that will be coming in nearby soon. This is a family-oriented business and will get people out of cars when nearby neighbors walk to dine there. • Said that this is probably just the first of many Steak N'Shake restaurants in the area and likely will not be the last. • Agreed that there are concerns about parking and reminded that the updating of the City's Circulation Study will be part of the General Plan Update. • Said that this is a very viable restaurant at this location and will work long term. The issues are likely short term. • Stated that this will be an asset to this area. Commissioner Young: • Said that he agrees with a lot that has been said. • Reminded that the East Campbell Avenue Master Plan (ECAMP) was adopted in 2007. Campbell Planning Commission Minutes for September 8, 2015 Page 14 • Said that he went to this area twice and noticed people parking on both East Campbell Avenue and Page Street in order to use Campbell Park. • Said that he doesn't discount the traffic report but is not sure of the impacts with more cars. • Reported that the VTA (Light Rail) ridership is going up but not fast. • Said that the noise concern is a viable concern being raised by the community. • Reminded that per the ECAMP, there is the potential for 77 residential units on this site. That could be a bigger concern to the neighbors than this proposed restaurant that makes sense and blends better into the area. Commissioner Rich: • Commended Planner Daniel Fama and staff for their presentation of this project. • Said that a lot of topics raised against this project are not founded but commended the citizens of Campbell who have come this evening to address this proposal. • Assured that they do make a difference. • Agreed that Campbell has definitely changed in the last 20 years. Change will continue to occur in the next 20 years with more density and more traffic. • Stated that his major concern is with the parking exception. • Suggested that there be sufficient parking per requirements on-site at Lloyd Square to serve this proposed restaurant. • Admitted that he has parked on East Campbell Avenue in order to shop at the Sunday Farmers' Market. Commissioner Bonhagen: • Said that he agrees with the concerns about parking as it relates to future development of the area including sites such as Railway, St. Anton's and the Del Grande properties. However, those concerns are addressed project by project as they come forward. Right now the current study says the capacity is available to support this restaurant. • Stated that he thinks this will be a great addition to Campbell. • Added that he is familiar with Steak N'Shake as a fast food restaurant and he doesn't want fast food in Downtown. However, this restaurant's model is not fast foot but rather as a sit-down family restaurant or diner. • Agreed that the residents are raising legitimate concerns. • Explained staff's identification of Lloyd Square as part of Downtown sometimes but not all the time. While the Downtown officially ends at the railroad tracks with the ECAMP it is intended that the Downtown will advance all the way to the Pruneyard. Staff is not picking and choosing when to apply this connection. • Said that Mr. Prescott mentioned changes coming. Some changes have come and already gone. • Reminded that the Del Grande site will be developed once sold. • Added that he is concerned with traffic like others are. • Admitted that he is okay with limiting or removing the walk-up window if people are concerned about its inclusion in this plan. • Advised that traffic concerns are raised with every project that comes through the Planning Commission. Campbell Planning Commission Minutes for September 8, 2015 Page 15 • Said that he finds Campbell Avenue to be one of the "least" traffic impacted routes in Campbell. He said he uses it all the time including taking his kids to school. • Said that Steak N'Shake could be a welcome addition and that a stop light would be a big improvement to existing concerns. Commissioner Dodd asked the current business hours for existing businesses at Lloyd Square. Planner Daniel Fama referenced attachment 4 that indicates that 9 a.m. is the currently earliest opening business there. Commissioner Dodd: • Said that she applauds the idea of a family diner there but her concerns are the capacity of the restaurant as it relates to parking need. • Said it is important to consider what kind of Downtown Campbell wants to have. • Added that it is also important to ensure that there is the right infrastructure to support what we're putting in. That will have to be addressed in the future. However, the Planning Commission doesn't plan the City's infrastructure the Council does. • Stated that she wanted to be on record saying that something needs to be done about that intersection. • Said that she is leery about bending the rules. While she wants this restaurant here it may not be the location for it. She doesn't want to see insufficient parking to serve business and residents. • Cautioned that parking is dividing our City. Commissioner'Young: • Agreed with Commissioner Rich that parking is an incredible issue. • Questioned what the alternative might be. • Said that this is an existing tenant space and this proposed restaurant may not be viable if they are not allowed the capacity they seek. • Suggested that any approval be based on provision of parking that meets the City's Parking Standards. • Cautioned that if Steak N'Shake is denied, that could have impacts on the ECAMP. However, nearby residents are saying we already have problems. • Concluded that he doesn't think this use fits here. Commissioner Rich: • Said that he likes the current model that is being proposed for this Steak N'Shake as a sit-down restaurant. • Added that he initially had a major issue with their proposed walk-up window but now thinks it could help reduce parking demand by allowing people to collect their food by bicycle or on foot. They would patronize the restaurant without the need to park a vehicle on site. • Admitted that while he does like this model, he still struggles with parking and wishes there was a creative way to get Steak N'Shake in there without a parking impact. Campbell Planning Commission Minutes for September 8, 2015 Page 16 Commissioner Reynolds: • Said that Commissioner Dodd has raised good points. • Said that his suggestion is to look at things for the long term and what the finished product of the ECAMP might be. As it moves forward, it will evolve and correct issues. • Reiterated that the General Plan Update and Circulation Study will address a lot of concerns associated with expansion along E. Campbell Avenue. • Agreed that there will be growing pains in this area but he is confident that it will work itself out. Commissioner Dodd: • Stated the importance to follow the guidelines in place and uphold the rules we have now. • Said that problems tend to arise when one starts making allowances to standards. Director Paul Kermoyan: • Agreed that staying within guidelines is advised. • Reported that the City updated its Parking Standards not that long ago. • Advised that one must be blind to the fact of just how successful a restaurant can be. Parking is not an exact or perfect science. • Reminded that the City has a policy to allow modifications to its parking standards. • Said that the question is: Do you believe the traffic analysis provided. • Added that the Commission has the option of reducing the maximum number of seats for this restaurant. They could chose to leave the interior seats as requested but to have the restaurant hold off on outdoor seating until after it has been in operation for six months. • Pointed out that the Safeway site (on West Hamilton Avenue) is well parked. One can always find parking there. An available space might not be right at the front door but there is always parking open there. The Campbell Plaza Shopping Center always has available parking. If the movie theater on site there was more "viable" it could impact the parking availability. • Reminded that there is an adopted vision for the East Campbell Avenue area to become a different area and extension of the existing Downtown all the way down to the Pruneyard. Planner Daniel Fama said that staff recognizes the concerns being raised by nearby residents. He advised that when the Pruneyard project moves forward a corridor study of East Campbell Avenue will be prepared. Long term, we will know more. Commissioner Dodd asked when. Planner Daniel iFama said within the next few months. Commissioner Bonhagen said that the current analysis done for this application indicates that the maximum peak use of parking on site is estimated to represent three-quarters of the available spaces. Campbell Planning Commission Minutes for September 8, 2015 Page 17 Commissioner Rich: • Said that the traffic analysis is a snap shot of existing conditions as they are today. • Stated that he is all in favor of Steak N'Shake going in. • Added that it seems that allowing for a parking modification is an issue for most. • Suggested that staff work with this applicant to reduce their number of seats so that the Parking Management Plan is not necessary. Commissioner Young: • Said he came to this hearing with an open mind. • Advised that he personally utilizes many modes of transportation in addition to his car that includes carpools, bicycle, walking and use of Light Rail. He said that it is proven that this use will fit in this location. It is an existing location and the question is how to best fill it. Commissioner Bonhagen expressed support for reduced seating and said that his concern is the proposed outdoor seating. He suggested limiting outdoor seats at the beginning and expanding later if possible. Director Paul Kermoyan said that the 32 outdoor seats would create a demand for 11 parking spaces. Commissioner Reynolds asked if it is possible to speed up the installation of a traffic signal at Page. Can it be put in now? Planner Daniel Fama said that the costs for such improvements are borne by developers. If a traffic study clearly identifies impacts with a project that requires a traffic signal to support it that developer has to install it. City Traffic Engineer Matthew Jue said that intersections are signalized only if warranted. The City does not have a pending installation list like San Jose has. Commissioner Reynolds: • Said that while he is looking for relief for the neighbors he is not looking to reduce the seating as it could hurt their ability to be successful. • Added that he thinks this use encourages walkability and he is okay with the parking. Planner Daniel (Fama reminded that it is estimated that approximately three-quarters of the site parking would be utilized during maximum peak hours. Commissioner Uodd: • Reminded that this approval is not just limited to Steak N'Shake. What is being approved is a restaurant in this location and that is a change in use. • Cautioned that a parking exception runs with the land not the operator. • Added that she prefers a restaurant here than seeing a higher density use of this site. Campbell Planning Commission Minutes for September 8, 2015 Page 18 City Attorney William Seligmann agreed that the parking exception would stay in effect for as long as this tenant space operated as a restaurant under the same conditions of approval. Planner Daniel Fama explained that because of this site's Planned Development zoning, any change of use goes through a similar process as is occurring here. Director Paul Kermoyan: • Reminded that this request was eligible for Director's review and decision as an Administrative Planned Development Permit. • Added that he elected instead to bring it forward to the Planning Commission due to the amount of interest and concern within the local community. • Advised that in the event there are parking impacts this use can be brought back for further review. City Attorney William Seligmann agreed that is the case if the use creates a public nuisance. Planner Daniel Fama reference Condition 11 (Revocation of Permit) that includes the number of parking complaints received. Commissioner 'Dodd: • Said that she feels better knowing that there are checks and balances but she is still uncomfortable with reduced parking. • Admitted that she is not supportive of reducing requested seating capacity either. Commissioner Rich: • Provided a brief recap if the current positions as he understands them. o Commissioners Young and Reynolds are supportive as proposed. o Some are supportive with removal of the outdoor seating with the option to add it later. o Some suggest the applicant be required to come back with options that reduce their need for a parking exemption. Commissioner Bonhagen said he too is in favor of letting this project go forward as proposed. Commissioner Dodd asked if the owner of Lloyd Square might be willing to reach out to the property owner of the small retail center across Foote to discuss a possible shared parking arrangement. Planner Daniel Fama said that such an agreement would impede future development of the other property. Chair Finch: • Suggested that this new restaurant might actually draw new patrons to the other uses located within the Lloyd Square Center. Campbell Planning Commission Minutes for September 8, 2015 Page 19 • Admitted that she is not keen on the proposed walk-up window and instead suggested stake-out pickup door with a designated short term parking space for those patrons to use during the pick-up of take-out food. • Said that she doesn't want to see the community suffer in the meantime as the area changes. • Agreed with the need to follow the City's guidelines. • Pointed out that concern about parking has become the "alcohol" issue now. • Assured that the Commission is hearing what the community is saying about Campbell and Downtown traffic. • Reiterated the need to stick to the City's parking guidelines. • Stated that parking is a huge concern for her. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Bonhagen, the Planning Commission recommended the approval of an Administrative Planned Development Permit (PLN2014-309) and Parking Modification Permit (PLN2014-310) to allow establishment of a 'standard restaurant' (Steak N' Shake) with early morning operational hours ('late-night activity'), and outdoor seating on a new patio, remodel of an existing commercial building, and a reduction in the number of required parking spaces on property located at 501 E. Campbell Avenue, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Reynolds and Young NOES: Dodd, Finch and Rich ABSENT: Kendall ABSTAIN: None With a tie vote the motion failed. Director Paul Kermoyan suggested that the Commission attempt to craft another motion that might be supportable by a majority or this tie vote represents a denial. Chair Finch said that the applicant can also appeal this action to Council. Director Paul Kermoyan added that with the absence of Commissioner Kendall there is an uncast 7th vote that would be atie-breaker. City Attorney William Seligmann advised that Commissioner Kendall could view this meeting webcast, read the materials and another vote of the Commission be taken at the next meeting. Commissioner Young suggested that an alternative to allowing a parking deficiency would be to reduce the maximum number of seats to a level that parking standards are met. Planner Daniel Fama said that the seating capacity is 18. Campbell Planning Commission Minutes for September 8, 2015 Page 20 Commissioner Young said it seems either an alternative motion or a continuance to allow Commissioner Kendall's participation are possible. Commissioner Rich asked about removing the outside seating. Commissioner Dodd said it would be important to ask the applicant about that idea. She said that a continuance seems to be needed here this evening. Commissioner Young reminded that Director Paul Kermoyan can make a determination on the outdoor seating at any time. Commissioner Rich suggested starting without the outdoor seating and adding it later. Commissioner Bonhagen suggested approving this use with the requested outdoor seating and eliminating that outdoor seating if problems come up. Commissioner Reynolds reminded that the conditions are in place to deal with problems should they come up. He added that if this applicant walks away the next restaurant may want alcohol service. He said the Commission seems closer to consensus. Chair Finch said that she didn't want to accept this just because there's a "live body" here. She stressed her preference for sticking with the guidelines. Director Paul Kermoyan reminded that a continuance to the next meeting is possible. Commissioner'Young: • Said that he wants to make one last plea. • Reiterated that the problem is parking. • Added that the Commission doesn't seem to want to reduce the number of seats/patrons allowed. • Reminded that the outdoor seating is subject to reduction by the Community Development Director based upon substantiated complaints. Director Paul Kermoyan said that with an Administrative Planned Development Permit staff can bring a use back for future review if problems come up. Commissioner Rich: • Reminded that the Director had the authority to decide this application but instead brought it forward to the Commission due to public outcry. • Added that the Director has the ability to make changes if they become necessary. • Suggested removing the walk-up window, add one door and apick-up parking space. Commissioner Reynolds said that he would support this. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Bonhagen, the Planning Commission adopted Campbell Planning Commission Minutes for September 8, 2015 Page 21 Resolution No. 4240 approving an Administrative Planned Development Permit (PLN2014-309) and Parking Modification Permit (PLN2014-310) to allow establishment of a 'standard restaurant' (Steak N' Shake) with early morning operational hours ('late-night activity'), and outdoor seating on a new patio, remodel of an existing commercial building, and a reduction in the number of required parking spaces on property located at 501 E. Campbell Avenue, subject to the conditions of approval as modified: • Remove the proposed walk-up window, add a dedicated door for pick-up service and mark one parking space dedicated for customers to use when picking out take-out orders; by the following roll call vote: AYES: Bonhagen, Reynolds, Rich and Young NOES: Dodd and Finch ABSENT: Kendall ABSTAIN: None 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 had no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 10:53 p.m. to the next Regular Planning Commission Meeting of September 22, 2015. SUBMITTED BY: Cori Shinn, Recording Secretary APPROVED BY: ATTEST: