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PC Min - 12/13/2016 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY DECEMBER 13, 2016 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of December 13, 2016, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Dodd and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioners Absent: None Cynthia L. Dodd Yvonne Kendall JoElle Hernandez Philip C. Reynolds, Jr. Michael L. Rich Donald C. Young Staff Present: Community Development Director: Paul Kermoyan Senior Planner: Daniel Fama . Senior Planner: Cindy McCormick . City Attorney: William Seligmann Recording Secretary: Corinne Shinn APPROVAL OF MINUTES Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Rich, the Planning Commission minutes of the meeting of November 22, 2016, were approved as submitted. (5-0-0- 1; Chair Dodd abstained) Campbell Planning Commission Minutes for December 13, 2016 Page 2 COMMUNICATIONS Director Paul Kermoyan listed the communications items as follows: o One Desk Item for Agenda Item 1. • Two Desk Items for Agenda Item 2. AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL RE(~UESTS None *** PUBLIC HEARINGS Chair Dodd read Agenda Item No. 1 into the record as follows: 1. PLN2016- Public Hearing to consider the application of GKW Architects 170/171/297 for an Administrative Planned Development Permit (PLN2016-171) to allow an interior and exterior renovation of an existing movie theater, including expansion into an adjoining tenant space, a Conditional Use Permit (PLN2016-170) to allow beer and wine service ("liquor establishment") in association with the existing movie theater with late-night operational hours; and a Sign Permit (PLN2016-297) to allow a marquee sign, on property located at 2501 S. Winchester Boulevard. Staff is recommending that this item 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, Senior Planner Mr. Daniel Fama, Senior Planner, presented the staff report. Chair Dodd asked if there were questions of staff. Chair Dodd asked for verification of where the lounge area and bar would be located and whether patrons would have to have bought a movie ticket in order to patronize the bar within the theater. Planner Daniel Fama said he would have to defer that question to the applicant. Commissioner Kendall pointed out that Planner Daniel Fama had referenced the Pruneyard during his report. Is that just as an example? Campbell Planning Commission Minutes for December 13, 2016 Page 3 Planner Daniel Fama replied yes. Commissioner Hernandez said she too was wondering if patrons could enter the bar area without a theater ticket. She asked if alcohol service would remain with this site if the theatre use were to be discontinued. Planner Daniel Fama replied no. It would become a different use which must be reconsidered. Commissioner Hernandez asked when service of food and drink would stop. Planner Daniel Fama replied that food must be available the entire time that alcohol is served. The end of service for alcohol per ABC regulations is 2 a.m. Commissioner Hernandez sought clarification about the service of alcohol as it seems that at one point it is indicated that alcohol can only be purchased at the stand/bar but elsewhere is a reference to servers bringing the order to the patron within the theater. Planner Daniel Fama explained that the language in the conditions is intended to prevent persons "hawking" alcohol beverages within the theatre but alcohol can be delivered to patrons who are within the theater. The language is verbatim from ABC standards. Commissioner Hernandez asked if the servers will be able to take drink orders inside the theater. Planner Daniel Fama said he believed so. Chair Dodd opened the Public Hearing for Agenda Item No. 1. Paul Gunsky, Applicant: • Thanked the Commission for their time this evening. • Advised that he had a PowerPoint presentation prepared for tonight. • Reported that his family has operated movie theaters since 1966. The Plaza was their first theater. They are based and founded in Campbell. The own additional theaters in Willow Glen, Capitola, Scotts Valley and Morgan Hill. • Explained that theaters must evolve with the times, particularly when one is operating a smaller theater facility. • Informed that their most recent theater upgrade project is currently underway in Capitola and is almost complete. • Stated that these theaters need visual prominence to look inviting to patrons. Chair Dodd asked if there were questions for this applicant. Commissioner Hernandez asked Mr. Gunsky if it is possible for patrons to go into the bar without a theater ticket. Campbell Planning Commission Minutes for December 13, 2016 Page 4 Paul Gunsky replied that theaters can sell concessions to patrons without a ticket. Patrons would be able to purchase alcohol less expensively elsewhere so it is not anticipated that there would be demand for service from those not patronizing the theater itself. He added that food and beverages would be delivered to the guest. Kelly Bybee, Resident of Campbell: • Advised that he is 100% supportive of this application. • Added that he has lived in the area his entire life and in Campbell itself for the last 25 years. • Opined that this is the finest run business in Campbell if no within Santa Clara County. Their theater is immaculately maintained. • Said he has no question that this upgraded theater will be run tip-top quality and to the satisfaction of the residents of Campbell. • Stated that it is the jewel of the Campbell Plaza Center already. Dave Cantanho, Resident on Midway: • Reported that he is a frequent patron of this theater. • Added that they offer a senior discount which he appreciates. • Advised that he has gone to the Santa Cruz theaters and the Scotts Valley one that offers beer and wine and is very nice. • Said that bringing the beer and wine service to the Campbell location will be convenient. • Stated that he is a 38-year resident of Campbell. He likes Campbell a lot and it has really improved over the years. • Concluded that he is in support of this request. Chair Dodd closed the Public Hearing for Agenda Item No. 1. Director Paul Kermoyan: • Advised that staff was not aware of the ability for customers to purchase alcohol from this theater even if they were not patrons who were there for a movie experience. • Added that as a result, staff did not review it at that level. This use was reviewed as a theater use with alcohol service being no different from a coke or red vines. • Suggested that the Commission could draft a condition of approval to link the service of alcohol to patrons with tickets for a show. Said that if that is not the case, the Commission may have to reconsider the parking demand if there is potential that this use would draw non-theater patrons to the site and thus expanding the demand for parking not considered. Commissioner Hernandez: • Agreed that she sees this use as primarily being a movie theater with alcohol service being an ancillary use. Chair Dodd suggested that when the Commission reaches that part of the discussion on this request that staff help create defining language. Campbell Planning Commission Minutes for December 13, 2016 Page 5 Director Paul Kermoyan said that was possible. Commissioner Reynolds: • Reported that he has patronized this theater many times and takes his grandkids there. • Stated that this theater is an asset to the community and he is excited to have this opportunity coming to our community. It is an opportunity to keep business loyalty here in Campbell. • Pointed out that the Police Department is okay with this proposal. • Added that people are not going to go to this theater specifically for alcohol but rather for a movie experience. • Concluded that he would support this application. Commissioner Kendall: • Informed the rest of the Commission that SARC was very supportive. • Added that her support for this proposal continues. • Stated that she is glad that this owner wants to stay in Campbell and improve the site. Commissioner Hernandez: • Said that she also supports this application and is glad this theater is staying in Campbell • Added that she was just worried about any potential for this location becoming a bar. • Stated that she really likes the art deco style of the sign and marque. • Questioned the operational hours of 6 a.m. to 2 a.m. Commissioner Young: • Said that he agrees with everyone else. • Pointed out that the findings are aligned. • Said that a reduction in seats also reducing the parking demand by 31 spaces. •~ Stated that even if alcohol were to draw some patients the available on-site parking should still suffice. Chair Dodd: • Said that it seems the Commission should look' at separation of bar and theater and make sure that the theater patrons are the ones using the theater bar. • Stated that she is really in favor of this project. • Recounted how years ago, when she was principal of the nearby school, this theater allowed students who had achieved specified grades could come to see an early viewing of the film Hunger Games. Commissioner Kendall pointed out that the sign is also a part of this application. Commissioner Young: • Pointed out that there are other places to receive alcohol service right there in the shopping center. Campbell Planning Commission Minutes for December 13, 2016 Page 6 Commissioner Rich: • Agreed with Commissioner Young. • Said that it is pretty standard for a theater to allow concession sales to non-theater- attending patrons. Commissioner Hernandez: • Said that the question is, "Is this a theater or a bar?" • Added that if it is both than parking demand should be considered. • Admitted that she does not want to see this site serving as a bar as well as a theater. • Stated that she is all for being logical but it doesn't always end up that way. Director Paul Kermoyan: • Said that there are three items being raised. Condition 6-b references alcohol service coming from theater employees only. It could perhaps be strengthened to include "only from a CineLux employee." Condition 6-d could be kept. Condition 6- hcould language, "alcohol service only for patrons of the theater." Chair Dodd said she was okay with verbiage that ties alcohol service to customers of the theater. Commissioner Kendall said that would be overkill. It would be inconvenient to have to show a ticket stub in order to buy alcohol. That seems to be making a mountain out of a molehill. Commissioner Reynolds: • Said that he agreed with Commissioner Kendall. • Reminded that there is already an existing bar in this center over near the Safeway store. • Added that there is also a pizza restaurant nearby in the center and plenty of other opportunities to purchase alcohol. • Concluded that he doesn't see this as a problem. Commissioner Hernandez: • Pointed out that it is this Commission's responsibility to make sure the verbiage of the conditions are clear. • Asked whether the bar is set behind the entrance lobby or up front. Planner Daniel Fama said that is an operational question best answered by the applicant. Chair Dodd re-opened the Public Hearing for Agenda Item 1. Commissioner Hernandez: • Asked if there will be access to the' bar area from outside or at the ticket counter area. Campbell Planning Commission Minutes for December 13, 2016 Page 7 Paul Gunsky: • Said that customers enter via the lobby. There is signage indicating that concessions are open for non-theater-goers. • Reported that they have added beer and wine services about 3 '/2 years ago at their Scotts Valley location. It's a movie theater that serves more than popcorn, soda and goobers. • Reminded that it will be cheaper for non-theater patrons to drink elsewhere in places already available nearby. • Recounted that the concentration of theaters that a small city like Campbell enjoys is amazing. • Cautioned that it could be adeal-breaker if a ticket is required to purchase concessions. He'd hate to have his theater more restrictive than others nearby. Chair Dodd re-closed the Public Hearing for Agenda Item 1. Commissioner Rich: • Said that he sees a convenience for parent arriving early to pick up child/children who are attending a movie and being able to sit in the lobby with a beverage until the film lets out thereby preventing the need for the children to wait outside for any period of time for their ride home. • Added that he doesn't want to disadvantage this theater from others. Commissioner Young pointed out that the bar area is sectioned off and reminded that there is the standard condition of approval whereby upon three verified complaints a use can be brought back to the Planning Commission for further consideration. Chair Dodd said that she feels much better after the applicant came back to speak a second time. Director Paul Kermoyan said if the restaurant/lounge were to be treated as a stand- alone use apart from the theater, the 30 seats it includes would call for 10 parking spaces and the bar area would require one space per every 200 square feet of space. Parking should be fine given the reduction in theater seats from the current. Motion: Upon motion of Commissioner Rich, seconded by Commissioner Reynolds, the Planning Commission took the following actions: , 1. adopted Resolution No. 4352 approving an Administrative Planned Development Permit (PLN2016-171) to allow an interior and exterior renovation of an existing movie theater, including expansion into an adjoining tenant space and a Conditional Use Permit (PLN2016-170) to allow beer and wine . service ("liquor establishment") in association with the existing movie theater with late-night operational hours including the revised operational hours between 6 a.m. and 2 a.m. daily; and 2. Adopted Resolution 4353 approving a Sign Permit (PLN2016- 297) to allow a marquee sign in association with a remodel, on Campbell Planning Commission Minutes for December 13, 2016 Page 8 property located at 2501 S. Winchester Boulevard, subject to the conditions of approval, by the following roll call vote: AYES: Dodd, Hernandez, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Dodd advised that this action is final unless appealed in writing to the City Clerk within~10 calendar days. **,~ Chair Dodd read Agenda Item No. 2 into the record as follows: 2. PLN2015-274/275 Public Hearing to consider the application of Saul Flores for a Site and Architectural Review Permit (PLN2015-274) and a Tree Removal Permit (PLN2015-275) to allow the construction of a new office building on property located at 95 E. Hamilton Avenue. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action 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 Dodd asked if there were questions of staff. There were none. Chair Dodd opened the Public Hearing for Agenda Item No. 2. Vishaal Dokras, Project Architect: • Advised that they had taken the Planning Commission's suggestions under consideration and have brought their experts with them tonight in case they are needed. • Reported that architectural changes have been made to allow for a safe path of travel to meet ADA requirements. • Added that they have included two extra EV charging stations at the rear of the lot. • Said that they are removing parking to preserve trees. Commissioner Hernandez: • Referenced the eight motorcycle parking spaces that are taking the place of two regular vehicle parking spaces. Why not just four motorcycle spaces and keep one additional regular vehicle space? Vishaal Dokras said that the tenants that will occupy this building include more motorcycle users than car. . Campbell Planning Commission Minutes for December 13, 2016 Page 9 Commissioner Hernandez asked if he thinks it will include more than four motorcycles parked on site at any given time. Vishaal Dokras replied yes: Commissioner Rich asked the applicant if they take issue with the City's Arborist's recommendations as supported by staff via Option 1. Vishaal Dokras said that they are suggesting removing all trees. Option A was their compromise. They are also good with Option 1. Commissioner Kendall: • Pointed out that the only difference between Option A and Option 1 is that in Option 1, the City's Arborist's recommendations are that the proposed Italian Cypress are not the best choice of replacement tree. • Asked staff if the letter received from Jo-Ann Fairbanks with the request to be put into the record must be read aloud into the record. Director Paul Kermoyan replied no. Commissioner Hernandez pointed out that the City Arborist's recommendations include going without the bio-retention pipe. It's more than just the change from Cypress replacement trees. ' Vishaal Dokras advised that they are not using the piping system anymore. Mark Beaudoin, Applicant's Consulting Arborist: • Stated that the issue is whether it is worth the trouble to save trees that are not native to this environment. • Said that doing an improvement on this site will require earth compaction that will offer more pressure on the long-term survival of the existing Redwood trees. • Questioned whether sometimes it goes against nature to save trees and it may be best to replace with more appropriate trees for the site and area. • Pointed out that the parking lot will be a desert like environment for Redwoods that relish a coastal cool and damp environment. This site when the parking lot is in place will provide a lot of reflected heat onto the trees. Redwoods drop a lot of debris. There is not a lot of natural moisture beneath these trees. • Concluded that the trees located further back on site have the highest potential for survival. ' Rick Lessner, City's Consulting Arborist, Felton, CA: • Advised that he has provided a report to the City after being asked to evaluate the current health of the trees on this property as well as projected impacts to said trees from the proposed construction. • Advised that tree survival depends upon the design of a project. • Cautioned that if there is concrete lying right up to a tree equates to no chance of survival. Campbell Planning Commission Minutes for December 13, 2016 Page 10 • Said that measures could be taken to protect the trees that require the evaluation of measures worth taking. • Stated that as an arborist, his opinion is to save what can be saved and attempt some of the techniques available to preserve those trees. Chair Dodd said that the largest impacts to make more. Rick Gessrier said that any grading, compaction and/or construction of parking lot, leveling, sub-base material, non-permeable materials will destroy roots underneath. All water must be diverted from the area. Chair Dodd closed the public hearing for Agenda Item 2. Commissioner Young: • Stated that the report from Mr. Lessner is extremely helpful and shows that changes to this location will impact the existing trees. • Opined that removal of Trees 401 and 406 makes sense. He is concerned about keeping 405 and 403. Tree 402 is very close to concrete curb and future parking lot. • Said that Option 1 makes the most sense. Commissioner Hernandez: • Echoed Commissioner Young's comments. • Said that Redwood trees are included on the City's protected list in Campbell. Therefore these trees should be protected until they are no long included on the protected tree species list. • Stated that there is a difference between what's healthy and what's non-healthy. • Said that she appreciates the report provided by the City's Consulting Arborist. That report is appropriate for this site. • Stated her support for Option 1 to allow the removal of Trees 401/404/406 and strict adherence to the Arborist's recommendations. Commissioner Reynolds: • Agreed. • Said he is okay with Option 1 with the Independent Arborist's recommendations. • Stated that it might make sense for the Commission to consider if what we're doing is just prolonging the agony of these trees. Are we doing them justice? • Admitted that question sits on his mind to allow parking lot over these roots. Commissioner Kendall: • Stated that at the last public hearing held on this project, the Commission heard the point expressed that Campbell seems to be giving free reign to development tree removal requests versus residential tree removals. • Said that the intent is not to keep every tree on a site but also not to clear a lot completely. • Advised that she believes in keeping our heritage trees. Campbell Planning Commission Minutes for December 13, 2016 Page 11 • Informed that she had looked at this tree. The very large tree needs to go in order to put a building in on the site. • Said if there .are more smaller trees put onto the site it will improve the environmental impacts of trees. • Stressed the need to base decisions on facts and less on emotion. • Agreed with others who feel Option 1 is the best option. • Said that it is important to do everything to preserve trees that are possible. • .Reported that she had read Ms. Fairbanks' letter and found some of her points to be compelling. • Suggested perhaps asking that the wood from the removed Redwood trees be retained and perhaps made available for local artisans to create something lasting with them for use within the community. This idea is worth considering. Chair Dodd said that suggestion was well stated. Commissioner Young: • Pointed out that a pretty good compromise has been reached between the applicant and the City. • Said that the trees at the back of the site serve to provide screening separation for adjacent residential neighbors. • Added that the Arborist's Report recommends .preserving the last two trees located against the back fence line. _ Commissioner Reynolds asked the City Attorney if the tree from a cut tree is considered personal property. City Attorney William Seligmann said that it is private property just as the lot itself is private property. He said that the Commission would need to find some nexus between the proposed project and the condition imposed such as requiring the provision of the wood from the cut down trees. It could be possible to draw such a connection. Commissioner Reynolds questioned what if this applicant/property owner wanted to use the wood themselves. Can the City require he turn it over? City Attorney William Seligmann reiterated that the Commission must see if there is a sufficient nexus to require it. Director Paul Kermoyan said that local reuse of the removed trees could represent a level of sustainability perhaps by incorporating it back into the project as ground cover. Commissioner Young said while he cannot offer a legal opinion he offers an anecdotal one. Sometimes someone is willing to do it but there is a cost. While he likes the idea it does depend if the owner is willing. Commissioner Kendall suggested asking the applicant directly. If he has no plans for it it's just going to be hauled off anyway. Campbell Planning Commission Minutes for December 13, 2016 Page 12 Chair Dodd cautioned that from experience that the price one pays for tree removal includes the tree company getting the wood for reuse. Commissioner Rich said that this is a bigger process issue. First we can ask the applicant for the use of the cut tree wood. Commissioner Hernandez reported that from her experience on the Historic Preservation Board, when historic homes were to be demolished the HPB would ask that the house be photography, inventoried and any reusable items removed prior to demolition such as doors, doorknobs, etc. Chair Dodd said that it is better to just recommend that the applicant keep his mind open about this possible request. Commissioner Rich asked staff is it is possible for the Planning Commission to bring up to Council the development of a process to deal with possible local reuse of wood from tree removals. Director Paul Kermoyan said that the Commission can .always forward its recommendations on to Council. The Tree Ordinance will be updated soon. We can ask to see if Council wants to add it to the existing work plan. Commissioner Reynolds expressed thanks to the applicant for his cooperation in working with the City. Commissioner Kendall said that she likes this project. She likes the look of their building and did the first time she saw it. This will be a great looking building for a long time. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Kendall, the Planning Commission adopted Resolution No. 4354 approving a Site and Architectural Review Permit (PLN2015-274) to allow the construction of a new 5,790 square foot office building and a Tree Removal Permit (PLN2015- 275) to allow the removal of four trees on property located at 95 E. Hamilton Avenue, subject to the conditions of approval with the staff recommended Option 1, by the following roll call vote: AYES: Dodd, Hernandez, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Dodd advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Campbell Planning Commission Minutes for December 13, 2016 Page 13 MISCELLANEOUS 3. Selection of 2017 Chair and Vice Chair. Motion: Upon motion of Commissioner Young, seconded by Chair Dodd, the Planning Commission elected Commissioner Kendall to serve as Planning Commission Chair for 2017. (6-0) Motion: Upon motion of Commissioner Kendall, seconded by Commissioner Reynolds, the Planning Commission elected Commissioner Rich to serve as Planning Commission Vice Chair for 2017. (6-0) *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 9:17 p.m. to the next Regular Planning Commission Meeting of January 10, 2017. SUBMITTED BY: APPROVED BY: ATTEST: on hinn, Recording Secretary