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PC Min - 03/22/2016CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. MARCH 22, 2016 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of March 22, 2016, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair Kendall and the following proceedings were had, to wit: ROLL CALL Commissioners Present Commissioners Absent: Staff Present: APPROVAL OF MINUTES Acting Chair/Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Chair: Commissioner: Community Development Director: Associate Planner: Associate Planner: Senior Planner: City Attorney: Recording Secretary: Yvonne Kendall Pamela Finch Philip C. Reynolds, Jr. Michael L. Rich Donald C. Young Cynthia L. Dodd Ron Bonhagen Paul Kermoyan Daniel Fama Stephen Rose Cindy McCormick William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission minutes of the meeting of March 8, 2016, were approved as submitted. (4-0-2-1: Chair Dodd and Commissioner Bonhagen were absent and Commission Finch abstained) Campbell Planning Commission Minutes for March 22, 2016 Page 2 COMMUNICATIONS None AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None CONSENT There were no consent items. *** PUBLIC HEARINGS Acting Chair Kendall read Agenda Item No. 1 into the record as follows 1. PLN2015-369 Public Hearing to consider the application of Gabriela Navarrete for a Site and Architectural Review Permit (PLN2015-369) to allow fora new two-story residence (approximately 3,071 sq. ft.) reusing portions of the existing structure and resulting in a floor area ratio exceeding 45% (49% proposed) on property located at 283 Warwick Drive within the R-1-6 (Single-Family Residential) 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: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Acting Chair Kendall asked if there were questions of staff. There were none. Acting Chair Kendall opened the Public Hearing for Agenda Item No. 1. JoAnn Fairbanks, Resident on Hacienda Ave: • Advised that she is in favor of this project and extended her compliments to SARC, the owner and the project architect for a design that really responds to the fact and/or feeling of privacy for existing neighbors. • Said that the only window of concern that remains is the west facing one that must be the size proposed for egress purposes. • Added that she is glad to see people working together. Campbell Planning Commission Minutes for March 22, 2016 Page 3 Acting Chair Kendall closed the Public Hearing for Agenda Item No. 1. Commissioner Finch said that she loves the look of this project and is ready of offer up a motion. Motion: Upon motion of Commissioner Finch, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4278 approving a Site and Architectural Review Permit (PLN2015-369) to allow for a new two-story residence (approximately 3,071 sq. ft.) reusing portions of the existing structure and resulting in a floor area ratio exceeding 45% (49% proposed) on property located at 283 Warwick Drive, subject to the conditions of approval, by the following roll call vote: AYES: Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: Bonhagen and Dodd ABSTAIN: None Acting Chair Kendall advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Acting Chair Kendall read Agenda Item No. 2 into the record as follows: 2. PLN2016-23 Public Hearing to consider the application of Steve Rawlings for a Conditional Use Permit (PLN2016-23) to allow beer and wine sales for onsite consumption in conjunction with a new restaurant (Mod Pizza) located at 2000 S. Bascom Avenue, Suite 110 in the C-2 (General Commercial) 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: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Acting Chair Kendall asked if there were questions of staff. Commissioner Finch asked if there is a requirement for the purchase of food with the purchase of alcohol. Planner Stephen Rose replied no, not as conditioned. He added that this business operates as a single-point of sale line. Patrons must wait in for any sort of purchase. He added that there are conditions in place to allow changes to the use if it should ever develop into abar-like atmosphere rather than as the intended restaurant. Campbell Planning Commission Minutes for March 22, 2016 Page 4 Acting Chair Kendall opened the Public Hearing for Agenda Item No. 2. Steve Rawlings, Applicant for MOD Pizza: • Stated his concurrence with the staff report, the findings and conditions of approval as proposed. • Said he wanted to offer a "plug" for MOD Pizza. It offers a fabulous concept whereby customers pick their crust and specific toppings and a few minutes later their pizza is cooked and ready. There are about 100 MOD Pizza locations at this time. It uses high quality ingredients much like Chipotle. They especially make great milkshakes. • Reported that this location in Campbell will open this coming weekend. • Added that if the Commission so approves, they will add beer and wine service in the next several weeks. • Said that he was available for any questions. Acting Chair Kendall asked Steve Rawlings about the gluten-free pizza including what the dairy-based cheese is made from. Someone from audience replied that their gluten-free cheese is made from tapioca. Acting Chair Kendall closed the Public Hearing for Agenda Item No. 2. Commissioner Finch: • Said that she is a big fan. If PD supports a use she can too. • Said that she likes the idea of this business and sees that the necessary conditions are in place if they should be needed. • Pointed out that Habit Burger has a lot of high-top tables but it doesn't seem like a bar. The high-top tables are more comfortable seating for many including her husband. • Stated that this use fits its location and the Director can get involved if that ever becomes necessary to deal with any problems from the use. Director Paul Kermoyan pointed out that half of the floor area for this tenant space is taken up by the kitchen and restrooms. He added that MOD Pizza is well known and legitimate business. Commissioner Young said that this use is in line with what is in the area, does not represent an over-concentration and will be a good use to have adjacent to Habit Burger. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission adopted Resolution No. 4279 approving a Conditional Use Permit (PLN2016-23) to allow beer and wine sales for onsite consumption in conjunction with a new restaurant (Mod Pizza) located at 2000 S. Bascom Avenue, Suite 110, subject to the conditions of approval, by the following roll call vote: Campbell Planning Commission Minutes for March 22, 2016 Page 5 AYES: Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: Bonhagen, Dodd, ABSTAIN: None Acting Chair Kendall advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. ** Acting Chair Kendall read Agenda Item No. 3 into the record as follows: 3. PLN2015-313 Public Hearing to consider the application of CRP Vasona LLC for a Master Sign Plan (PLN2015-313) with a Sign Exception for the Vasona Technology Park on properties located at 1315 Dell Avenue, 1353 Dell Avenue, 210 E. Hacienda Avenue, and 200 E. Hacienda Avenue in the C- M/80 (Controlled Manufacturing) 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. Stephen Rose, Associate Planner, presented the staff report. Acting Chair Kendall asked if there were questions of staff. There were none. Commissioner Rich provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project on February 9th and was generally supportive. • Admitted that SARC had questioned the need for each entry freestanding sign and wall sign. • Added that with the modification that the wall sign would be allowed in addition to the monument only when a tenant has leased an entire building, SARC was more supportive. Acting Chair Kendall opened the Public Hearing for Agenda Item No. 3. Acting Chair Kendall closed the Public Hearing for Agenda Item No. 3. Commissioner Rich: • Reiterated that the main point of concern was the potential for wall signs with monument signs. • Added that since then the applicant made modifications to their plan to limit one wall sign if an entire building has a single tenant. Campbell Planning Commission Minutes for March 22, 2016 Page 6 Commissioner Finch expressed her appreciation to SARC for getting that change done to the plan before this application came to the Planning Commission. Motion: Upon motion of Commissioner Young, seconded by Commissioner Rich, the Planning Commission adopted Resolution No. 4280 approving a Master Sign Plan (PLN2015-313) with a Sign Exception for the Vasona Technology Park on properties located at 1315 Dell Avenue, 1353 Dell Avenue, 210 E. Hacienda Avenue, and 200 E. Hacienda Avenue, subject to the conditions of approval, by the following roll call vote: AYES: Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: Bonhagen and Dodd ABSTAIN: None Acting Chair Kendall advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Acting Chair Kendall read Agenda Item No. 4 into the record as follows: 4. PLN2016-24 Public Hearing to consider the application of Anthony Siri for a term-limited Conditional Use Permit (PLN2016-24) to allow the establishment of an indoor athletic fitness center (d.b.a. Sirius Baseball) within an existing commercial building located at 1520 Dell Avenue, Suites A & B in the C-M (Controlled Manufacturing) 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: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Acting Chair Kendall asked if there were questions of staff. There were none. Acting Chair Kendall asked why there is a five-year term limit. Planner Stephen Rose explained that per Code, this zoning district caps such uses to five-years. That allows for turn-over to occur and to preserve available industrial spaces as it becomes needed. Commissioner Rich asked if it was because of the location or the type of use. Campbell Planning Commission Minutes for March 22, 2016 Page 7 Planner Stephen Rose replied both. In industrial zones there are more restrictive requirements from limited up to five-year terms and a greater separation of similar uses from each other. Acting Chair Kendall opened the Public Hearing for Agenda Item No. 4. Commissioner Reynolds asked to speak with the project applicant. Anthony Siri, Business Owner and Applicant: • Introduced himself. Commissioner Reynolds asked Anthony Siri if he had operated in this location in the past. Anthony Siri: • Replied that he was in the general area between 2004 and 2006. • Added that when his lease came up, the owner had different plans for the site. • Said that since that time he has operated out of West Valley College where he contracts to run camps and other types of training programs together with Little League. Commissioner Reynolds asked Mr. Siri if it is his desire to get back into Campbell Anthony Siri replied yes. Acting Chair Kendall closed the Public Hearing for Agenda Item No. 4. Commissioner Rich: • Said that he likes this location for this business. • Added that this business is a great one for Campbell -representing community values including "Apple pie and baseball." Commissioner Reynolds said that he would support this application. He added that he has heard positive things about this business and that he supports anything that encourages youth sports. Commissioner Finch stressed the need to ensure the safety of kids coming to and from this business within an industrial zone. She encouraged making sure that there are safe drop off spots adjacent to the building. Planner Stephen Rose said that the spaces closest to the door are so designated as drop off spaces. Commissioner Finch suggested a condition that requires kids to be dropped off as close to the door as possible. Commissioner Reynolds said that he has no problem adding that to the conditions of approval. It seems reasonable. Campbell Planning Commission Minutes for March 22, 2016 Page 8 Director Paul Kermoyan pointed out Condition 5 and asked the Commission if that particular condition would suffice to meet that intent. Commissioner Finch replied yes. Motion: Upon motion of Commissioner Finch, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4281 approving aterm-limited Conditional Use Permit (PLN2016-24) to allow the establishment of an indoor athletic fitness center (d.b.a. Sirius Baseball) within an existing commercial building located at 1520 Dell Avenue, Suites A 8~ B, subject to the conditions of approval, by the following roll call vote: AYES: Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: Bonhagen and Dodd, ABSTAIN: None Acting Chair Kendall advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *~* Acting Chair Kendall read Agenda Item No. 5 into the record as follows: 5. PLN2016-32 Public Hearing to consider the City-initiated Zoning Text Amendment (PLN2016-32) to amend Campbell Municipal Code Sec. 21.18.140 (Undergrounding of Utilities) to exempt development of single-family residential properties located along local streets from the utility undergrounding requirements. Staff is recommending that this project be deemed exempt from CEQA under Section 15061.b.3. Tentative City Council Meeting Date: April 19, 2016. Project Planner: Daniel Fama, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report. Acting Chair Kendall asked if there were questions of staff. Commissioner Rich clarified that the intent is to have local streets exempt from the undergrounding requirement. Planner Daniel Fama replied, yes, as is indicated in the General Plan. Acting Chair Kendall opened the Public Hearing for Agenda Item No. 5. Brian Horton, Resident on Ridgeley: • Reported that he is directly affected by this change. Campbell Planning Commission Minutes for March 22, 2016 Page 9 • Advised that in June 2015, he received a permit for his home addition and the undergrounding requirement was imposed on his project. • Added that he is simply enlarging his small 1,000 s.f. home up to 1,800 s.f. in order to better serve his family that includes two kids and his mom. • Informed that there are three houses on his street with underground utilities and the rest that do not are mainly already remodeled. • Stated that if this amendment is not passed, he would have to relocate quite a distance at great cost in order to preserve a large oak tree. • Said that public good is not being served by undergrounding one house at a time. He'd rather see all done at once. Acting Chair Kendall closed the Public Hearing for Agenda Item No. 5. Commissioner Reynolds asked staff if this amendment would be retroactive to assist Mr. Horton. Planner Daniel Fama replied yes. Upon adoption, existing projects on local streets would be waived of the undergrounding requirement that may have been imposed but not yet installed. Commissioner Reynolds said that this is a common-sense amendment that he will support. Commissioner Young said that he had similar concerns on how this Ordinance is applied over time. He said it would not be detrimental and he agrees with Commissioner Reynolds that this amendment makes sense. Motion: Upon motion of Commissioner Finch, seconded by Commissioner Rich, the Planning Commission adopted Resolution No. 4282 recommending that the City Council adopt a Zoning Text Amendment to amend Campbell Municipal Code Sec. 21.18.140 (Undergrounding of Utilities) to exempt development of single- family residential properties located along local streets from the utility undergrounding requirements, by the following roll call vote: AYES: Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: Bonhagen and Dodd ABSTAIN: None Acting Chair Kendall advised that this action would be considered by the City Council at its meeting of April 19, 2016 for final action. *** Acting Chair Kendall read Agenda Item No. 6 into the record as follows: Campbell Planning Commission Minutes for March 22, 2016 Page 10 6. PLN2016-18 Public Hearing to consider the application of Steven Bonner for a Modification (PLN2016-18) to apreviously-approved Site and Architectural Review Permit (S 98-17 / PLN2015- 120) to allow reconsideration of a previous Planning Commission requirement to incorporate artwork into a 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 decision final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner Acting Chair Kendal reported that she had had a phone conversation with this applicant, Steve Bonner. Commissioner Young said he had as well. Commissioner Reynolds said he had a discussion with Mr. Bonner. Commissioner Rich said he had a discussion with Mr. Bonner. Commissioner Finch said that she had not. Mr. Daniel Fama, Associate Planner, presented the staff report. Acting Chair Kendall asked if there were questions of staff. Commissioner Reynolds asked if the City had received any complaints about the current design. Planner Daniel Fama replied no. Commissioner Rich asked if there have been discussions about other options that might be less costly while still meeting the City's requirements. Planner Daniel Fama: • Said that staff finds that the $25,000 estimate offered by Mr. Bonner seems high. The job requires cutting back dry wall to allow installation of the film (art) and then replacing the drywall. • Said that there are concerns with the possibility of damage to the film if it were to be placed outside the window rather than inside. Director Paul Kermoyan: • Agreed that the anticipated cost should not be as high as it was estimated. • Reminded that the goal is to simulate the appearance of a real view of the inside of this business. Campbell Planning Commission Minutes for March 22, 2016 Page 11 • Added that nothing has changed since the last Planning Commissioner review. Staff still supports the Commission's last decision. Commissioner Rich said that despite a lack of formal complaints staff is simply adhering to Code. Acting Chair Kendall opened the Public Hearing for Agenda Item No. 6. Steve Bonner, Applicant and Business Owner, The Socialight: • Admitted that he thought the art idea was reasonable. • Added that he then approached an artist to come up with a design and the feedback he received that the art would not be visible due to existing window tinting. • Said he then approached another muralist who came up with a picture idea. • Reported that he had polled patrons of the restaurant as well as several Planning Commission members. The existing black (as it is now) was the consensus of the best look. • Added that in the event that whatever goes there gets damaged, he would simply have to repair it. Commissioner Reynolds asked Mr. Bonner if he had ever received any complaints about the existing appearance. Steve Bonner replied no, never. Commissioner Rich asked if the windows of this location had been tinted before Socialight assumed the space. Steve Bonner replied that the windows were tinted at the time the building was constructed about 2002. Acting Chair Kendall asked if the poster shown in the window example was back lit. Steve Bonner replied no. Doug Enns, Mission City Signs: • Opined that use of film on the inside of the window is not practical. It will not last long term. • Added that such a film cannot have any air bubbles. You must be able to have access to be able to squidgy the film flat. • Said that vinyl type products have a life span of between 5 and 10 years. They can get damaged more quickly if they are trapped in a hot space and would have to be replaced. Commissioner Finch asked if applying the image to drywall might be another option rather than a film product. Would a mural that is attached to drywall be less difficult? Doug Enns said the question remains how to access the mural space. Campbell Planning Commission Minutes for March 22, 2016 Page 12 Commissioner Finch asked if anti-graffiti product suggested for a film placed on the outside of a window is also scratch resistant. Doug Enns replied no. Acting Chair Kendall closed the Public Hearing for Agenda Item No. 6. Director Paul Kermoyan: • Explained that there is a void between the metal studs and the window. It acts no different than a wooded stud. • Added that there needs to be some separation from the window and not on the window as originally approved. Commissioner Rich reminded that the window was tinted prior. Director Paul Kermoyan: • Said that the tint is a part of the glazing itself and not a film over clear glass. • Agreed that there have been no complaints about the existing condition of this window. Commissioner Reynolds asked how staff proposes that a mural be placed inside the window. Does staff suggest that the sheetrock be removed and then replaced? Director Paul Kermoyan showed a diagram with one suggested installation. Commissioner Reynolds asked what surface would be painted with a mural. Director Paul Kermoyan said it could be a photo that is made into a poster, spray glued into place and with the addition of a lighting fixture to match. He said that the intent is to get a realistic appearance of what's inside. Commissioner Reynolds said that he was not sure that we're going to achieve what we intend to achieve. Commissioner Finch: • Said that no one is likely to take the time to complain so it's not surprising that no complaint has been received. • Reported that she drove by the building today and that window looks dead. It is blacked out and there is no depth to it. The other windows along this frontage look alive. • Agreed that either a photograph or mural was previously discussed. • Added that she believes that a handyman could create a shadowbox for much less than $25,000 and she is confident that Mr. Enns could come up with beautiful art. • Reminded that there was an agreement that this window feature would happen. • Added that there have already been several things that have brought this use back before the Commission. Campbell Planning Commission Minutes for March 22, 2016 Page 13 • Stated that she would support the staff recommendation to not allow this proposed modification to that agreement. Commissioner Rich asked what the silver metal horizontal bar is that is currently visible on this window. Director Paul Kermoyan said that the bathroom was framed with metal studs rather than wood. It is a "greener" way of building these days. Commissioner Rich said that he is struggling whether a mural is a plus or a minus. Will it add or will it detract? It is hard to visualize and he would love to see a rendering. Said the question seems to be what is better? A mural versus what's there now? Commissioner Finch questioned whether a rendering had been requested at the previous meeting when this was discussed. Planner Daniel Fama replied that the photograph shown is what was provided. It is duplicating an interior image of that space. Commissioner Reynolds: • Said that he would not support this recommendation and finds that staff is making an issue out of anon-issue. • Said that he both drove by and walked by this site several times today. • Suggested that no one really notices this. People are busy waling by and don't notice this detail. • Suggested that the top section of this window also be blacked out to obscure the metal bar. That would be beautification enough. Commissioner Rich asked what might be the cost of removing the stud and blacking out the window. Director Paul Kermoyan said that there is a soffit of sorts. While Mr. Bonner believes the frame is against the window, he believes there is a gap between the two. Commissioner Young: • Said that he agrees with Reynolds that this issue is being over-thought but for a different reason. • Added that even if there have been no complaints, the darkened window does not comply with City requirements. This is a compromise to keep the bathroom in place rather than having to move it. • Said that the Downtown Plan and Findings 4, 5, 6 and 7 indicate that the blackened windows are not wanted. • Said that this proposal is a fair and amicable one for both sides. • Reminded that there is already a $5,000 deposit in place for this requirement. • Said that the right decision was made by the Planning Commission in April. Campbell Planning Commission Minutes for March 22, 2016 Page 14 Commissioner Finch: Reminded that the Art Commission is doing art boxes out of utility boxes. Added that there are a lot of really talented artists in the community. Suggested perhaps establishing a contest with a prize to get some art options. Perhaps the winner could be awarded dinner as the prize. Acting Chair Kendall said that this offers a wonderful opportunity to get public art. She added that she didn't think that it must be an image of the inside of the restaurant. Planner Daniel Fama cautioned that staff has only prepared findings for denial and no conditions for approval. If the pending motion were to be for approval of some sort, staff would recommend a continuance to the next meeting to allow the correct findings and conditions to be prepared. Motion: Upon motion of Commissioner Young, seconded by Commissioner Finch, the Planning Commission adopted Resolution No. 4283 denying a Modification (PLN2016-18) to a previously-approved Site and Architectural Review Permit (S 98- 17 / PLN2015-120) to allow reconsideration of a previous Planning Commission requirement to incorporate artwork into a storefront window, on property located at 368 E. Campbell Avenue, by the following roll call vote: AYES: Finch, Kendall and Young NOES: Reynolds and Rich ABSENT: Bonhagen, Dodd ABSTAIN: None Acting Chair Kendall 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 made the following additions to his written report: • Reported that at its last meeting the City Council reviewed the proposed changes to the C-3 Ordinance. They were in agreement with the Planning Commission regarding the Conditional Use Permit process but felt additional work is needed to be done on the Ordinance itself. Council wants staff to include incentives and best practices to draw retail uses as well as consider allowing offices on the ground floor. In whole, they want to see greater use options. As a result, staff will go back to the drawing board and bring a revised Ordinance back to the Planning Commission. ADJOURNMENT The Planning Commission meeting adjourned at 9:14 p.m. to the next Regular Planning Commission Meeting of April 12, 2016. Campbell Planning Commission Minutes for March 22, 2016 Page 15 SUBMITTED BY APPROVED BY: ATTEST: C r' Shinn, Recording Secretary