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PC Min - 11/28/2017CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. NOVEMBER 28, 2017 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of November 28, 2017, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell:, California by Chair Rich and the following proceedings were had, to wit: ROLL Ci4LL Commissioners Present: Chair: Michael L. Rich Vice Chair: Donald C. Young Commissioner: JoElle Hernandez Commissioner: Mike Krey Commissioner: Maggie Ostrowski Commissioner: Andrew Rivlin Commissioners Absent: Commissioner: Cynthia L. Dodd Staff Present: Community Development Director: Paul Kermoyan Senior Planner: .Daniel Fama Senior Planner: Cindy McCormick Associate Planner: Stephen Rose City Attorney: William Seligmann Recording Secretary: Corinne Shinn i4PPROVAL OF MINUTES Motion: Upon motion by Commissioner Hernandez, seconded by Commissioner Rivlin, the Planning Commission minutes of the meeting of November 14, 2017, were approved as presented (5-0-1- 1; Commissioner Dodd was absent and Commissioner Krey abstained) Campbell Planning Commission Minutes for November 28, 2017 Page 2 COMMUNICATIONS Director Paul Kermoyan advised that a packet of petitions in support of Agenda Item No. 1 has been distributed to the Commission this evening as a desk item. AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None *** PUBLIC HEARINGS Chair Rich read Agenda Item No. 1 into the record as follows: 1. PLN2017- Public Hearing to consider the application of Kurt Anderson for a 349,350 Modification (PLN2017-349) to a previously approved Conditional Use Permit (UP 83-11) and an Administrative Planned Development Permit (PLN2017-350) to formalize "general" alcohol service, late-night operational hours, and an outdoor seating area for an existing restaurant (New Jersey's Restaurant) and to allow site and parking configuration changes on property located at 923 W. 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: Daniel Fama, Senior Planner. Mr. Daniel Fama, Senior Planner, presented the staff report. Chair Rich asked if there were questions of staff. Commissioner Krey asked if the parking on site pencils out. Planner Daniel Fama replied that it does. There is an unusual amount of currently unmarked paving area that will be striped for additional parking to support their proposed use. Commissioner Krey asked for verification that other than the two noise complaints received by Campbell Police for this property that occurred this past July and August, there have been no others since Code Enforcement reached out to the business owners. Planner Daniel Fama replied that is correct. Campbell Planning Commission Minutes for November 28, 2017 Page 3 Chair Rich sought verification from staff that this business, New Jersey's, was located on Winchester Boulevard prior to relocating to this Hamilton Avenue location. He asked how long they have been at this Hamilton location. Planner Daniel Fama replied since 2009. Chair Rich asked what type of liquor license they had at their Winchester location. Planner Daniel Fama said he did not have that information available. Commissioner Hernandez asked staff how Alcohol & Beverage Control (ABC) works. Don't they verify Use Permits prior to issuance of alcohol licensing? Planner Daniel Fama replied that normally they do. Somehow in this matter they missed that step and issued a general liquor license rather than the beer and wine license they were allowed under their Use Permit. That upgrade shouldn't have happened without prior approval of a Modification to their Use Permit. Chair Rich opened the Public Hearing for Agenda Item No. 1. Kurt Anderson, Applicant: o Recounted how 27 years ago at this time of year he was at Campbell City Hall with his then one-year-old son sitting in his stroller while he presented to the Commission. His office is in Campbell. • Advised that he is here this evening representing this business owner. • Reported that they don't have any objections to the draft conditions but for Fridays and Saturdays, they would like to request a customer closing time of 11 p.m. and business closing time by midnight. • Added that they also would request up to 12 days per year for special events where they could stay open to the public up to 11 p.m. and staff up to midnight. Special events would include big sport events such as Championship events such as the Super Bowl and World Series. The owner is willing to notify the Planning Department in writing and in advance of those special dates. • Pointed out that other businesses in the immediate area already have extended hours of operation. Chair Rich pointed out that the Commission has received a stack of petitions in support of this business including the property managers of the two adjacent apartment complexes. Chair Rich closed the Public Hearing for Agenda Item No. 1. Commissioner Krey: • Said that this may be a good compromise. • Added that he likes the suggested closure of the patio by 8 p.m. It is situated too close to the adjacent apartments to stay open later than that. • Pointed out that the Police Department supports the conditions proposed. Campbell Planning Commission Minutes for November 28, 2017 Page 4 • Stated he agrees with the staff report. Commissioner Young: • Said that he is more worried about noise impacts on the adjacent apartments. • Stated that the 10 p.m. closing time makes more sense. The proposed parking makes sense and seems to work well. The patio gives a better completion of the site itself. • Concluded that staff's recommendations make the most sense. Commissioner Hernandez: • Agreed with the other Commissioners' comments. • Added that she supports the staff recommendations. • Admitted that she doesn't think the findings can be made to extend the hours to 11 p.m. as shown by noise complaint calls received most recently. A closing time of 10 p.m. is the safest way to go. • Said that in regards to everything else, she is fine with the parking, patio and general liquor license. • Stated that there have been no calls for Police service other than the two noise complaints this summer. Commissioner Ostrowski stated that she agrees with the staff recommendations. Commissioner Rivlin asked if the 12 special events per year request is typical or unusual. Planner Daniel Fama said that while it is not typical, another business, Campbell Brewery in DT Campbell, has a condition allowing 10 days per year for special events. Commissioner Rivlin said he supports a window that allows this business to open later for larger sporting events. He asked if any others agree. Chair Rich asked staff whether it would be unmanageable or hard on staff to allow this business to have a specified number of special events with the requirement that they provide the City's Community Development Department with notice in writing at least seven days in advance of any special event. Director Paul Kermoyan: • Cautioned that there could be complications to this business's ability to give seven day's written notice to the City. There could be exceptions to the exceptions. • Offered a different suggestion. If the business is granted up to 12 special events where they can stay open to the public to 11 p.m. and to staff until midnight, as long as the patio is closed all day on those days. Chair Rich said he was thinking the same thing. The use on those special days would remain inside the building itself and with a reasonable written notification to the City of those dates. Campbell Planning Commission Minutes for November 28, 2017 Page 5 Commissioner Rivlin asked whether it might be possible to tie this approval to this operator rather than to the location itself. Director Paul Kermoyan and City Attorney William Seligmann both responded that there was no way to do that since a Use Permit runs with the location not the operator. Commissioner Hernandez said that doing that would muddy the water for Use Permits. Places turn over and a future owner might not honor the conditions that this owner had agreed to. She added that she's not clear how the condition for the 12 special days would be enforced. Perhaps it could be spelled out in the conditions. Director Paul Kermoyan said he is only aware of the Campbell Brewing Company has the allowance for 10 special events per year. Kurt Anderson added that Little Lou's also has special events with its use. Chair Rich suggested the specifics could be that the requests come in writing to the City a specified number of days in advance. Additionally on those "special event" days the outdoor patio would not be in use. Director Paul Kermoyan pointed out that this will be placing additional restrictions on the business owner. If they don't comply with their requirements that would be considered a violation. Commissioner Ostrowski said. she is open to supporting an allowance of up to 12 days a year of operation to 11 p.m. There would be a minimal impact to the neighborhood, which seems to be very supportive of this business. Chair Rich pointed out that it appears everyone is in line with the staff recommendations with the addition of 12 days a year where this business can stay open to the public until 11 p.m. Commissioner Krey said he would love to give this business a break but fears it opens up Pandora's Box. He said he was not convinced it was workable. Perhaps he can be convinced but he's not quite there yet. Commissioner Young said it might be best to approve per staff's recommendation, see how it goes and then consider bringing the use back later after it is seen how things function with the approved changes. He said he would like to go with the staff recommendation. Chair Rich: • Reminded that this business has been at this location for nine years now. In that time only one person has complained twice. • Added that there is lots of local support for this business as evidenced by the petitions brought forth this evening. Campbell Planning Commission Minutes for November 28, 2017 Page 6 Commissioner Rivlin asked for verification that no additional complaints have come in since the Code Case was opened and initial contact with the business owner took place. Planner Daniel Fama replied correct. Use of the outdoor patio ceased since the Code Enforcement Action. One complaint included loud music emanating from the inside. It seems they had a DJ on that occasion. Use of a DJ has also ceased given the noise complaint. Commissioner Young reiterated his suggestion that there is no resistance to this business owner coming back to ask for special events at a later date. Motion: Upon motion of Commissioner Rivlin, seconded by Commissioner Ostrowski, the Planning Commission adopted Resolution No. 4414 approving a Modification (PLN2017-349) to a previously approved Conditional Use Permit (UP 83-11) and an Administrative Planned Development Permit (PLN2017-350) to formalize "general" alcohol service, late-night operational hours, and an outdoor seating area for an existing restaurant (New Jersey's Restaurant) and to allow site and parking configuration changes on property located at 923 W. Hamilton Avenue, with the following changes provided by the City Attorney: • Amend Finding 9 to add "... except for 10 days a year subject to five-day advance written notice to the Community, Development Director."; and • Add language to Condition 6, "... except that this establishment may have business hours to 11 p.m. and operational hours to midnight for up to 10 days per year with five-day advance written notice to the Community Development Director." • by the following roll call vote: AYES: Ostrowski, Rich, Rivlin and Young NOES: Hernandez and Krey ABSENT: Dodd ABSTAIN: None Chair Rich advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Campbell Planning Commission Minutes for November 28, 2017 Page 7 Chair Rich read Agenda Item No. 2 into the record as follows: 2. PLN2017-164 Public Hearing to consider the application of Birch Tree Property Solutions LLC for a Conditional Use Permit (PLN2017-164) to allow an addition to an existing home and a historic exception for a reduced setback between the garage and the home located on property at 20 Alice Avenue within a Historic District. 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 ten '(10) calendar days. Project Planner: Cindy McCormick, Senior Planner Ms. Cindy McCormick, Senior Planner, presented the staff report. Director Paul Kermoyan added to the staff report: • Admitted that this was a difficult project for staff. Staff could have recommended denial based on the written resources used to base'the evaluation of a project. • Stated that since both the Historic Preservation Board (HPB) and the Site and Architectural Review Committee (SARC) were supportive of this request, staff didn't want to go against those respected boards. • Explained that Campbell is a Certified Local Government City. There are benefits to that including the goal to establish reasonableness that protects the City against court challenge by being, consistent in applying its codes. • Added that being consistent in issues such as what defines an area be it a streetscape standard or a development pattern. What ~ are the strategies for development? That is outlined in the specific zoning ordinance. • .Reported that at some point in the past, the City wanted to create a uniform method of treating historic properties so they adopted .Historic` Design Guidelines that paralleled those of the State Historical Guideline Standards. • Recounted that before the 1950's, few garages were attached to a house. Gave two examples: o Third Street, which is not historic but has a predominate pattern of detached garages. There was an application for an attached garage that was denied by staff and appeal to the Commission. Two other properties on the street also wanted to incorporate attached garages to the homes and waited to see how the Planning Commission decided. The decision was made to require a detached garage to match the predominate pattern. o Alice Avenue, which is a Historic District. Out of 36 properties on Alice, 25 have detached garages. • Stated that staff tries to be consistent in its decision making. • Added that without the foundation of preservation, Alice Avenue could lose characteristics that historically and currently define it. Planner Cindy McCormick reiterated that staff could have recommended denial but since both HPB and SARC recommended approval staff's recommendation was for approval as proposed. Chair Rich asked if there were questions for staff. Campbell Planning Commission Minutes for November 28, 2017 Page 8 Commissioner Krey asked if there are better exceptions for garages on Alice. Planner Cindy McCormick said that what often happens is the applicant wants what was approved on other nearby properties. Staff tells them that each property is considered individually. Commissioner Ostrowski said that she appreciates Director Kermoyan's clarifications. Chair Rich asked staff for differences between the need for 5-foot versus 10-foot setbacks. Planner Cindy McCormick explained that accessory structures and garages have a Code requirement fora 10-foot setback between structure and main house if the garage is in the back. If the garage is in the side, the setback requirement is only 5- feet. Chair Rich asked what if the garage is behind but to the side. Planner Cindy McCormick replied it would be a 5-foot setback if to the side even if pushed back onto the property. Chair Rich opened the Public Hearing for Agenda Item No. 2. Mark Sandoval, Project Architect: • Said he is glad to have the Historic Preservation Design Guidelines, which he helped to create. • Added that he is not unfamiliar with the Secretary of the Interior's Standards. • Stated that he is also a preservationist. • Reported that he agrees with the staff report. This is a unique project. • Said that the neighbor next door has atwo-car garage off the alley way. • Stated that one thing that is unique about this property is its relation to Winchester Boulevard. There is a commercial property adjacent and atwo-story behind. The current garage is located 97 feet back from the street. • According to page 6 of the staff report, the garage has to be slightly larger to .accommodate a car. • Advised that what is not shown correctly is the driveway. It is asphalt with concrete. They plan to keep that intact. • Explained that per page 7 of the report, their concept was to use the Secretary of the Interior Standards for the house itself. • Pointed out that the City's Historic Guidelines are not a prescriptive document. They are intended to be considered along with what is fair for a property owner and for the City.. • Said that there is a very large tree in the back that they want to preserve. • Reminded that the HPB agreed with their proposal. The parking is in back and off the alley. Campbell Planning Commission Minutes for November 28, 2017 Page 9 • Explained that they are trying to retain the small scale of the house. They have a modest home and wanted to keep it to that scale. This is a simple straightforward building vernacular. • Said that their original plan was replicating the neighbor but staff asked them to revisit that plan. Commissioner Hernandez said that page 7 of the staff report might help if you were to take the schematics. Ms. Kelsey, Birch Tree Property Solutions, LLC: • Explained that there are two-story commercial buildings to the side and right side of this property. • Added that all surrounding neighbors are not consistent with a detached garage plan. • Advised that a historic tree in the rear yard could be interfered with garage placement near it. • Asked that they be allowed to keep the house as it is - a forefront versus new structure. Commissioner Young provided the Site and Architectural Review Committee report as follows: • Reported that SARC recommended approval of this application after taking the HPB's recommendation into consideration. • Said that SARC felt that the proposed design would not overwhelm the architecture `and will provide parking off-street. Chair Rich closed the Public Hearing for Agenda Item No. 2. Commissioner Ostrowski: • Said that the design maintains the original look" of the house as seen front the street frontage. • Added that the driveway will be maintained. • Reminded that HPB's info says that the garage should take access off the alley. This complies. Planner Cindy McCormick, replied yes, the detached garage takes access from the alley. Director Paul Kermoyan: • Stated that through design they can make this work to,comply with design codes. • Said that their design is what these owners wanted to make it marketable. Commissioner Rivlin said he hopes they will be required to protect their large tree. Director Paul Kermoyan said that tree is not historic. It is a pepper tree, which are not a protected species but rather one that can be removed by right without need for a permit. Campbell Planning Commission Minutes for November 28, 2017 Page 10 Commissioner Rivlin said that changes his perspective a bit. Commissioner Hernandez: • Said that she' served for 13 years on the HPB and can argue for maintaining high integrity on that street. • Added that she has learned over the years that you have to pick and choose. • Stated that a "big win" is maintaining the integrity of the house over an accessory structure. • Opined that keeping the house as a single-story is a good thing. The "big win". • Said that she can see how putting a garage where it is visible could offset the size of that smaller scale house. They are maintaining the driveway itself. • Reported that SARC considered the variety that is found on Alice Avenue. Commissioner Krey reported that he took his first ever visit to Alice Avenue. He said it was a great street. He said that both HPB and SARC believe in saving the integrity of this neat little house. They've done a good job. Chair Rich: • Said he takes exception. • Added. that there is a high bar for historic properties and he is not convinced that project could not be done with a garage located to the side. • Concluded that he would not be supportive. Motion: Upon motion of Commissioner .Young, seconded by Commissioner Krey, the Planning Commission adopted Resolution No. 4415 approving a Conditional Use Permit (PLN2017-164) to allow an addition to an existing home and a historic exception for a reduced setback between the garage and the home located on property at 20 Alice Avenue within a Historic District, subject to the conditions of approval, by the following roll call vote: AYES: Hernandez, Krey, Ostrowski, Rivlin and Young NOES: Rich ABSENT: Dodd ABSTAIN: None Chair Rich advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** i Campbell Planning Commission Minutes for November 28, 2017 Page 11 Chair Rich read Agenda Item No. 3 into the record as follows: 3. PLN2017-319 Public Hearing to consider the. City-initiated Text Amendment (PLN2017 `319) to revise and update the Historic Preservation Ordinance. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: TBD. Project Planner: Cindy McCormick, Senior Planner Ms. Cindy McCormick, Senior Planner, presented the staff report. Chair Rich asked if there were questions for staff. There were none. Chair Rich opened the Public Hearing for Agenda Item No. 3. John Bredenoord, Owner of 118 E. Rincon Avenue, asked where he could find information that would advise him of his obligations if his property were to be designated as historic. Planner Cindy McCormick said she would send him direct links to the website. Chair Rich closed the Public Hearing for Agenda Item No. 3. Commissioner Young said that staff provided a thorough report and he has no requests. Commissioner Hernandez said that the updates clarify the Ordinance. It has been well done. Motion: Upon motion of Commissioner Hernandez, ~ seconded by Commissioner Young, the Planning Commission adopted Resolution No. 4416 recommending that the City Council approve a Text Amendment (PLN2017-319) to revise and update the Historic Preservation Ordinance (Chapter 21.43), by the following roll call vote: AYES: Hernandez, Krey, Ostrowski, Rich, Rivlin and Young NOES: None ABSENT: Dodd ABSTAIN: None Chair Rich advised that this item would be considered by the City Council at a future meeting for final action. *** Campbell Planning Commission Minutes for November 28, 2017 Page 12 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan made the following additions to his written report: • Reported that Council is asking the members of the Planning Commission to either attend or watch the December 19t" Council Meeting to hear their Legislative Update, particularly those Assembly Bills regarding Housing Laws. • Explained that the current PC Chair was selected at the end of August to complete the term of outgoing Chair Kendall. Chair Rich was elevated from Vice-Chair to Chair and Vice Chair Young was selected. Instead of conducting an election in December for 2018 leaders, the two current will complete their full terms during 2018. The next election will be for 2019 leaders and occur in December 2018. ADJOURNMENT The Planning Commission meeting adjourned at 9:03 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of December 12, 2017. SUBMITTED BY: Corinne Shinn, Recording Secretary APPROVED BY ATTEST: ~/6 Michael L. Rich, Chair Paul Ker~'foyan, Secretary