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PC Min 08/14/2001CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY AUGUST 14, 2001 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of August 14, 2001, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Lindstrom, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Mel Lindstrom Tom Francois George Doorley Elizabeth Gibbons Joseph D. Hemandez Brad Jones Dennis Lowe Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: City Attomey: Reporting Secretary: Sharon Fierro Geoff I. Bradley Tim J. Haley William Seligrnann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Lowe, the Planning Commission minutes of July 24, 2001, were approved. (6-0-0-1; Chair Lindstrom abstained) COMMUNICATIONS. 1. Revised Findings for Agenda Item No. 2. 2. Letter from Property Owner for Agenda Item No. 2. ORAL REQUESTS There were no oral requests. Planning Commission Minutes of August 14, 2001 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda Modifications or Postponements. ORAL REQEUST There were no Oral Requests. PUBLIC HEARING Chair Lindstrom read Agenda Item No. 1 into the record. 1. PLN2001-64 Smith, R. Continued Public Hearing to consider the application of Robert E. Smith, on behalf of Verizon Wireless, for a Site and Architectural Review Permit Approval (PLN2001-64) to allow the construction of a wireless antenna facility on the tower of the Sunnyoaks Fire Station on property located at 485 W. Sunnyoaks Avenue in a P-F (Public Facilities) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. (Continued from the Planning Commission meetings of July 10, 2001, and July 24, 2000 Director Sharon Fierro advised that this item is being continued to the September 11, 2001, Planning Commission meeting in order to obtain Council authorization to proceed and to provide the City Attorney with time to finalize the terms of an agreement with the applicant. Chair Lindstrom opened the Public Heating for Agenda Item No. 1. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Lowe, the Planning Commission continued consideration of PLN2001-64 for a Site and Architectural Review Permit Approval to allow the construction of a wireless antenna facility on the tower of the Sunnyoaks Fire Station on property located at 485 W. Sunnyoaks Avenue, to the Planning Commission meeting of September 11, 2001. (7-0) Chair Lindstrom read Agenda Item No. 2 into the record. PLN2001-51 Tayarani- Beegham Continued Public Hearing to consider the application of Mr. Mohammed Tayarani-Beegham for approval of a Use Permit (PLN2001-51) to allow the establishment of a limousine service within an existing commercial building on property located at 2089 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. (Continued from the Planning Commission meeting of July 24, 2001) Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: Planning Commission Minutes of August 14, 2001 Page 3 Advised that the applicants are seeking approval of a Conditional Use Permit to allow a limousine service to be operated from 2089 S. Bascom Avenue, north of Apricot Avenue, adjacent to the Lincoln Court office building and the same site on which Champions Pool and Games is located. · Stated that the building on this property is a 10,348 square foot commercial building with multiple uses including an office use for this limousine service, Champions, a pizza parlor, hair salon and florist. · Informed that this applicant is using 900 square feet of office space as well as the entire garage located beneath the building as well as 15 ground level parking spaces. · Pointed out that while this tenant occupies but 9 percent of the available tenant space, they are also utilizing approximately 29 percent of the available parking for the site when using 15 of 37 available at-grade parking. Staff considers this to be a disproportionate share of the parking. · Added that the limousines are large cars that do not fit within typical parking spaces. This business has 18 cars, 8 of which are limousines. · Said that the business operates from 5 a.m. to midnight, seven days a week, with three full- time and three part-time employees. · Reminded that a letter from the building owner, including an attached letter sent to this applicant, was distributed this evening as a table item. · Suggested that the Commission adopt a Resolution denying approval of this proposed Use Permit. Commissioner Francois presented the Site and Architectural Review Committee report as follows: · SARC reviewed this application on July 10, 2001, and was not supportive since this limousine business requires a disproportionate share of the available site parking. Commissioner Francois asked staff if the garage spaces are counted as shared parking too. Mr. Tim J. Haley advised that the garage spaces are supposed to be available for use as shared parking. Mr. Phil Schlaefer, 2097 S. Bascom Avenue, Campbell: · Identified himself as a part owner of Champions. · Clarified that they have had no access to parking in the underground parking area because over time the space became a storage location for the owner and tenants, including him, and was kept locked from use to prevent theft of the stored materials. · Pointed out that this limousine business has been in operation on this property for nine months and that, in addition to assuming use of the entire underground parking structure, this business is also using about half of the ground-level parking spaces. · Asked what policing action will take place if the Commission approves this use, contingent on limiting parking to the underground spaces, in the event that the business continues to take up some of the ground parking. · Added that if the business were to limit itself to the downstairs space, he has no real problem with that. · Said that the limousines have a hard time accessing this small site. Planning Commission Minutes of August 14, 2001 Page 4 Commissioner Francois asked if the addition of an additional 11 parking spaces through restriping of the ground parking would help solve Mr. Schlaefer's concern. Mr. Phil Schlaefer said that if this restriping were done in a proper manner, it would help. However, he pointed out that he did not see how this could be done. Commissioner Lowe pointed out that it appears that one way they plan to increase the number of spaces is by transforming 18 standard-sized parking spaces into compact spaces. He asked staff what percentage of compact spaces is permissible. Mr. Geoff I. Bradley, Senior Planner, replied 40 percent. Commissioner Gibbons reminded that this limousine business is supposed to be using just the underground parking spaces and not the ground-level parking area. Chair Lindstrom closed the Public Hearing for Agenda Item No. 2. Commissioner Doorley stated that he had visited the project site at least six times over the past several months, both in consideration of this application as well as previous applications such as Champions. Declared that he was shocked by the parking situation there, saying that he was unable to park legally. Agreed that restriping the site cannot gain much change there. Commissioner Gibbons said that a turning radius for a large limousine is greater than regular vehicles and that lots of car shuffling will be required to accommodate all these large limousines. Agreed that this use requires a disproportionate amount of parking that she cannot support. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3370 DENYING a Conditional Use Permit application to allow the establishment of a limousine service within an existing commercial building on property located at 2089 S. Bascom Avenue with the revised findings provided by the City Attorney and staff. (7-0) Commissioner Gibbons stated that the applicant did go through the business license process and registered the cars. Chair Lindstrom read Agenda Item No. 3 into the record. 3 PC Finding by Planning Commission that a billiards establishment is Determination similar to other uses allowed by Use Permit in the C-1 (Neighborhood Commercial) Zoning District. Planning Commission Minutes of August 14, 2001 Page 5 Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Advised that staff received a request from the owner of Champions on May 1, 2001, to allow the establishment of a billiards business within a C- 1 Zoning District. · Said that staff conducted an analysis and found that such use is not called out in the C-1 Zoning Ordinance as an allowable use with or without issuance of a Use Permit. The use is allowed within the C-2 Zoning District. · Pointed out that the Commission has the authority to make the determination to allow the modification of allowable uses in a C-1 Zoning District. · Said that on June 4, 2001, the Community Development Director sent a letter denying this request. · Added that staff finds the C-2 Zoning District to be most appropriate for billiard establishments. Commissioner Hemandez asked staff how an arcade is defined. Mr. Geoff I. Bradley replied five devices or games. Commissioner Hernandez asked about uses permitted and uses prohibited in the C-1 Zoning District. Mr. Geoff I. Bradley listed storage of industrial vehicles, warehousing for wholesalers, outdoor storage, assembly/manufacturing of products other than limited for retail sales; and uses producing noxious and/or offensive uses. Additionally, residential structures are prohibited from being used for commercial uses in C-1 zones. Commissioner Doorley asked what authority the Commission has in this matter. Mr. Geoff I. Bradley advised that Municipal Code Section 21.59.070 gives the purview for making such a determination to the Commission (per page 432-15). Commissioner Doorley asked whether changing allowable uses in a less restrictive zone impacts the more restrictive zone. Mr. Geoff I. Bradley described the commercial designations as C-1 (Neighborhood Commercial); C-2 (General Commercial) and C-3 (Central Business District). Director Sharon Fierro added that the C-2 Zoning Districts are located on boulevards and include such uses as auto-related businesses, as these sites have a higher tolerance for noise. Added that C-2 Zones allow a separation of uses with nuisance characteristics. Said that a change to the C-1 to allow billiard establishments would create the presumption that most of the time such a use would be compatible in that Zoning District. Commissioner Lowe stated that there are already problems with such uses on C-2 sites. The C- 1 Zoned properties are typically closer to residences. Planning Commission Minutes of August 14, 2001 Page 6 Mr. Geoff I. Bradley said that C-1 Zoning is designed to serve residential uses. Pointed out, however, that the specifically proposed site for Champions is adjacent to commercial properties. Commissioner Lowe said that there is potential for more problems in the future. Mr. Geoff I. Bradley concurred and added that staff believes that the C-2 Zoning District is the best location for billiards-type establishments. Added that the specific site proposed by Champions would probably work except for the C-1 Zoning. Commissioner Lowe questioned whether placement of billiards establishments within C-1 Zoning could simply be considered on a case-by-case basis. City Attorney William Seligrnann pointed out that the interpretation will apply to all C-1 Zoned properties but that each request would have to come before the Planning Commission for approval of a Conditional Use Permit. Director Sharon Fierro clarified that a precedent will be set. Commissioner Lowe said that he agrees that the definition of a pool hall belongs in the C-2 Zoning Ordinance. Commissioner Doorley asked if establishment of a billiards establishment is possible without a Use Permit in any Zoning District. Director Sharon Fierro reiterated that a change would establish a precedent. The use will be on the record as a permissible use in a C-1 Zoning District with a Conditional Use Permit. Commissioner Hemandez asked staff what areas of the City are zoned C-1. Mr. Geoff I. Bradley replied that there are four to five areas in the City including Bascom and Campbell Avenues (Shell Service Station, Hickory Pit); Hamilton Avenue towards Winchester (Kinko's etc.); Kirkwood Plaza and Wing Center (both on W. Campbell Avenue). Commissioner Francois asked if the proposed site at Wing Center was zoned C-1 at the time that Frick n'Fracs was located there. Pointed out that there were lots of problems with that use. Mr. Geoff I. Bradley replied that he was unsure. Commissioner Gibbons pointed out that C-1 Zoning permits businesses with liquor sales. Commissioner Jones clarified that this means a bar is a permitted use in the C-1 Zoning District. Commissioner Jones asked if the Ordinance was written to control card game establishments. Planning Commission Minutes of August 14, 2001 Page 7 City Attomey William Seligrnann replied no. Commissioner Jones asked what leeway the Commission would have to deny a Billiards Conditional Use Permit. City Attorney William Seligrnann replied that the same findings as any other Use Permit application would have to be made. The detriment and/or benefit of a proposed use to the surrounding area must be determined. Added that these are fairly generalized standards. Mr. Phil Schlaefer: · Clarified that a semi arcade consists of three to nine games and an arcade has ten or more games. · Said that he submitted a letter outlining his arguments in support of allowing billiards in C- 1 Zoning Districts. · Said that his business, within a C-2 Zoning District, is currently situated 25 feet from duplexes. The new site (MacFrugal's center) that he is looking at (zoned C-l) is 250 feet from its nearest residential neighbor. · Added that this site held Mr. Magoo's before Frick n'Fracs and that his business holds up better than both of those operations. · Informed that he believes only so many arcade businesses are allowed and that perhaps such a limitation on billiards establishments might be considered by the City. Commissioner Jones asked Mr. Schlaefer what former use was located in the space at this center that he is considering. Mr. Phil Schlaefer replied the Video store location. Commissioner Gibbons said that the City does limit the number of massage parlors in the City. City Attorney William Seligrnann clarified that there are no limitations on the number of billiards establishments in the City but agreed that there are limitations on the number of massage businesses. The Code allows three arcade businesses for every 50,000 persons living within the City limits. Commissioner Gibbons asked if a limitation on the number of billiards establishments within C-1 Zoning Districts could be established. City Attorney William Seligmann agreed that this could be done but would require an Ordinance change to the Municipal Code. Commissioner Lowe asked if the decision of the Planning Commission on this use determination is a final action. City Attorney William Seligmann replied that this action is final unless appealed to Council. Commissioner Francois asked staff to restate what would change in the C-1 with this action. Planning Commission Mint..~s of August 14, 2001 Page 8 Mr. Geoff I. Bradley replied that the Commission would be changing the C-1 Ordinance to include billiards establishments as an Amusement Enterprise. Commissioner Francois sought clarification that these uses would be considered on a case-by- case basis. Director Sharon Fierro replied yes. Added that the Conditional Use Permit process would apply. Chair Lindstrom restated that the Conditional Use Permit request to allow a billiards establishment within a C-1 Zoning District would come before the Planning Commission for approval. Director Sharon Fierro said that this is correct and that the Commission would be required to make findings to support the Use Permit. The Commission would need to articulate the difference between the location and business operations for each proposed use. Commissioner Gibbons said that she would like to see this applicant have flexibility but does not believe that the Planning Commission has that flexibility. Opined that she finds it incongruous that the C-1 Zoning District allows liquor establishments but not billiards. Commissioner Doorley: · Stated that he is torn on this issue. · Agreed that as a specific example, Champions would fit better in this proposed C-1 site than the current C-2 property on which it is operating. · Countered that he was troubled by the idea of allowing more intrusive uses in C-1 Zoning Districts. · Added that this determination is not an action on Champions specifically and that he is leaning against adopting this determination to allow billiards in C-1 Zoning. Commissioner Hemandez: · Said that the definitions of C-1 and C-2 are not being rewritten. · Said that he sees no difference in allowing billiards establishments in a zoning district that currently permits dancing, liquor sales and late night uses. · Added that even if the Commission finds this to be a permissible use, the Commission will have the authority to find on a case-by-case basis. · Pointed out that the C-1 Zoning District is not a big part of the City. · Said that he is leaning toward supporting billiards uses within the C-1 Zoning District with issuance of a Conditional Use Permit required. Commissioner Lowe said that the late uses (11 p.m. to 6 a.m.) conflict with the hours of operation for this business. Added that he will take the conservative approach and support denial of this determination. Commissioner Jones asked if a pool table is allowed in a bar. Planning Commission Minutes of August 14, 2001 Page 9 City Attorney William Seligrnann replied no, only with a billiard permit. Director Sharon Fierro added that Council issues a Special Permit, which includes a background check on the proposed operator. Added that from a Zoning perspective, staff looks at the predominate use of a site. One table within a restaurant or bar would not be considered a billiard establishment. Commissioner Gibbons said that one big issue is the hours of operation and stated that the Commission has been consistent on that subject. Commissioner Jones asked if the new Walgreens at Kirkwood Plaza would operate 24 hours a day. Director Sharon Fierro advised that they would need to obtain a Use Permit to do so. Added that staff would recommend that no amplified speakers be permitted during late hours at this location. Commissioner Hemandez pointed out that late hours of operation are permitted in the C-1 Zoning District with issuance of a Conditional Use Permit. Chair Lindstrom reiterated that any billiards uses in a C-1 Zoning District would require a Conditional Use Permit. Director Sharon Fierro agreed that this is the proposal. Added that this matter is before the Commission for a determination because staff denied the request. Commissioner Hemandez asked whether the Commission is ever asked to remove a permitted use from a zoning district. City Attorney William Seligmann advised that such action can only be taken by Council through adoption of a Text Amendment to the Ordinance. Commissioner Jones asked to see a City zoning map. Chair Lindstrom called a break at 8:30 p.m. to allow staffto return to the department offices to retrieve a zoning map. Chair Lindstrom reconvened the meeting at 8:35 p.m. Mr. Geoff I. Bradley, Senior Planner: · Showed the Commissioners a zoning map and pointed out various C-1 zoned areas including: three parcels at Bascom and Campbell Avenues (Shell, Mountain View, Hickory Pit); Hamilton Avenue from Central to Third Streets and at the intersection with Winchester (Burger King and strip mall); along Winchester, south of Latimer, where there are office buildings located along the Community Center; Kirkwood Shopping Center; the Planning Commission Minutes of August 14, 2001 Page 10 comers of San Tomas Aquino Road and W. Campbell Avenue (Downey Savings and Kelly Moore Paint Store); and the Wing Shopping Center. Director Sharon Fierro added that the City might want to consider rezoning the entire shopping center (Dolphin Pet Village, Longs, etc.) from C-2 to C-1 during the current General Plan Update. Commissioner Gibbons pointed out that C-1 areas are primarily bordered by residential uses. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Lowe, the Planning Commission considered adoption of a Resolution finding that a billiard use is not a conditionally approved use within a C-1 (Neighborhood Commercial) Zoning District. AYES: Doorley, Gibbons and Lowe NOES: Francois, Hernandez, Jones and Lindstrom ABSENT: None ABSTAIN: None The motion died for lack of a majority. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Francois, the Planning Commission considered adopted Resolution No. 3371 finding that a billiard use is a conditionally approved use within a C-1 (Neighborhood Commercial) Zoning District. AYES: Francois, Hernandez, Jones and Lindstrom NOES: Doorley, Gibbons and Lowe ABSENT: None ABSTAIN: None Chair Lindstrom reiterated that each potential billiard business will come before the Planning Commission for consideration of a Conditional Use Permit. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Advised that Council took second reading of the Planned Development at Elam and took first reading for the Water Tower Loft Project. · Notified the Commissioners that there are two items on the next Planning agenda to include public testimony on the EIR for the General Plan Update and consideration of the proposal for the Master Development Site at 175-201 E. Campbell Avenue, located in front of the City's parking structure. · Provided a summary of the Housing Element Study Session: c> Staff will look into secondary living units and provide additional information regarding typical site plans to accommodate second units, including the potential for second story Planning Commission Minutes of August 14, 2001 Page 11 units above garages; a review of requirements for other local cities for secondary units and the development of criteria. Will provide further information about Inclusionary Zoning including the restrictions placed on the sale of BMR units. Staff will expand the survey on these restrictions placed by other cities and provide case studies. Reminded that Campbell limits BMR units to first-time homebuyers. Reminded that staff has not outlined specific new open space opportunities so as not to unduly restrict Land Uses until such time that fimding is available for the purchase of new open space property. Expressed concern that designating land for Open Space uses limits an owner's options and might require compensation by the City. City Attorney William Seligmann disagreed that designating property as a potential open space site may require immediate City compensation just because of the land use change. It may raise legal issues, however. Pointed out that the General Plan requires amenities in higher-density projects and suggested that specific types of amenities for various types of zoning would have to be refined. Said that when high density is allowed to be developed, there must be an allowance for open space. The mechanism is park in-lieu or park dedication. Questions about where higher density might be allowed. Said that developments can be constructed at the highest available number of units for any density when located near public transportation and if 25 pement of the units are affordable units. Said that the diversity and size of affordable units will have to be studied. Said that infrastructure will still need to be evaluated. Advised that the EIR has been mailed to all utilities and that comments are expected back. Said that the potential for down zoning the Harrision/Central/Tubby area is under consideration as well as changing the Winchester Corridor to allow mixed uses. Recommended that staff provide a written report and schedule a follow-up Study Session. Chair Lindstrom said that he was under the impression that this second Study Session had already been agreed to for the next Commission meeting on August 28th. Director Sharon Fierro said that staff is prepared to have this second Study Session on August 28th. Commissioner Doorley expressed doubt for the need for a second Study Session but said that he would support having it. Commissioner Gibbons said that energy issues, including use of solar panels, needs to be supported in the General Plan with the provision of acceptable perimeters. Director Sharon Fierro said that staff has prepared additional language for the Conservation Section. Asked the Commissioners to contact her with any questions or comments on the General Plan Update. Planning Commission Minutes of August 14, 2001 Page 12 ADJOURNMENT The Planning Commission meeting adjourned at 9 p.m. to the Planning Commission meeting of August 14, 2001, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: Corinne A. Shinlp, ~ng Secretary APPROVED BY: Mel Lindstrgm/~halr ATTEST: '~haron Fierro, Secretary