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PC Min 10/10/2000CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 10, 2000 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 10, 2000, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairperson Gibbons, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Elizabeth Gibbons Mel Lindstrom George Doorley Dennis Lowe Commissioners Absent: Commissioner: Commissioner: Commissioner: Tom Francois Joseph D. Hernandez Brad Jones Staff Present: Community Development Director: Senior Planner: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Geoff I. Bradley Darcy Smith William Seligmann Corinne A. Shinn APPROVAL OF MINUTES As Commissioner Lindstrom has to abstain from the vote on the minutes (he was not present at the September 26, 2000, meeting), there is not a quorum present to vote on the September 26, 2000, minutes. The Commission postponed the vote on the minutes to the Planning Commission meeting of October 10, 2000. Planning Commission Minutes of October 10, 2000 Page 2 COMMUNICATIONS. 1. Letters re Agenda Item No. 4. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairperson Gibbons read Agenda Item No. 1 into the record. 1. PLN2000-111 Williamson, D. Continued Public Heating to consider the application of Ms. Donna Williamson, on behalf of Huettig & Schromm, for approval of a Planned Development Permit (PLN2000-111) to allow the construction of a two-story, 11,760 (revised to 10,890) square foot research and development building on property located at 603 Campbell Technology Parkway in a PD (Planned Development) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: November 6, 2000. (Continued from the Planning Commission meeting of September 12, 2000.) Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Advised that this application is for a Planned Development Permit to allow construction of a 10,890 square foot, two-story R&D building. The original submittal was for a 11,760 square foot building but the applicant reduced the size of the proposed structure. · This project site, currently vacant and undeveloped, is adjacent to the Campbell Technology Park. It is located to the east of the soon to be constructed Edith Morley Park. The site is surrounded by industrial uses to the north, south and east. · The new building will have frontage on two streets, Westchester and Campbell Technology Parkway. · Advised that the current General Plan Land Use Designation is Industrial. With the pending General Plan Update, it is proposed that the Land Use Designation be changed to Research and Development. · The Zoning for the property is Planned Development. · The design of the new building is contemporary. It will be a metal frame building and include stucco and blue and gray glass windows. The building will be a two-story building, 32 feet in height. · This new building, while different from the buildings in the Campbell Technology Park, will be compatible. · Advised that an Initial Study was prepared and the determination made that there are no significant environmental impacts. Therefore, staff suggests that the Planning Commission Planning Commission Minutes of October 10, 2000 Page 3 forward a recommendation to Council to adopt a Negative Declaration. Additionally, staff recommends that the Commission adopt a Resolution recommending that Council approve the Planned Development Permit. Informed the Commission that the trees on this site do not actually require a Tree Removal Permit, as they are Eucalyptus trees, which are exempt from the Tree Protection Ordinance. Commissioner Lowe asked whether signs are included in this application. Mr. Geoff Bradley replied that signs are not included. If the proposed signage for the site complies with the Sign Ordinance, the signs can be approved at staff level. If they seek to exceed signage allowed under the Sign Ordinance, the application would come before the Planning Commission. Ms. Sharon Fierro added that while this project is not identical in design to the Campbell Technology Parkway buildings, it has been designed to be compatible. Therefore the signs will also be compatible to the sign program approved for the Campbell Technology Park. Commissioner Mel Lindstrom presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on two occasions, September 12t~ and October 10t~. · Advised that the concerns raised by SARC have been addressed. o One concern was the need to provide 48 parking spaces per the Parking Ordinance. The original submittal included only 46 spaces. The applicant has modified the proposal and the required 48 spaces are now provided on site. o A second concern was the location of the trash enclosure, which was originally placed at the front of the site. The enclosure has now been moved to the rear of the site and will be screened with additional landscaping. o A third concern was the potential for cut-through traffic using this site. SARC is recommending the use of a gate at the Westchester entrance and/or other traffic calming measures such as speed bumps to prevent such use of the site for cut-through traffic. o SARC also recommended the inclusion of a patio area for use by the employees in this building. · SARC recommends approval of the project. Commissioner Doorley asked for clarification as to whether there were 47 or 48 spaces and if a discount or shared parking arrangement was granted for this site. Commissioner Lindstrom advised that there is no discount or shared parking arrangement for this site. Commissioner Lowe stated that about 40 percent of the spaces are compact. Asked whether the Commissions decision is final with this application. Planning Commission Minutes of October 10, 2000 Page 4 City Attorney William Seligmann advised that as this is a Planned Development Permit, this application would go to Council for final approval. Chairperson Gibbons asked whether this building were not part of the already approved Campbell Technology Park. Commissioner Lindstrom replied that this site was not approved as part of that approval. Chairperson Gibbons opened the Public Heating for Agenda Item No. 1. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 1. Commissioner Lowe stated that he wanted to be certain that SARC's recommendations are adequately addressed, including the provision of 48 parking stalls. Mr. GeoffBradley suggested the following edits to the Conditions: · Strike the last sentence from Condition No. 13. · Strike the last sentence from Condition No. 29. Chairperson Gibbons stated that no details on the design of the building have been provided. Since the project is not related to the Campbell Technology Park, the details are different from those buildings. Mr. Geoff Bradley agreed that as this building is steel framed, it is different in design and construction from the concrete tilt up buildings in the Campbell Technology Park. Chairperson Gibbons: · Suggested that the roof screen come back to the Community Development Director for final approval. There is potential that the screen could be eight feet or higher than the parapet. Said that would be extreme and inconsistent. · Suggested that Condition of Approval No. 2 state that the parapet is of a proportionate height with the other buildings. · Asked if there is an elevator penthouse. If so, this should be considered with the roof screen. · Stated that the drive through traffic is a significant issue. · Stated that the solution of a fence with gate at the property line would cause problems with cars stopping on the roadway. · Said that this is not an appropriate solution and suggested the use of speed bumps as an alternative. Commissioner Lowe advised that SARC spent considerable time discussing many possible solutions to the cut-through traffic issue, including the use of garage door type openers, a gate on a timer and/or speed bumps. Planning Commission Minutes of October 10, 2000 Page 5 Mr. Geoff Bradley stated that the existing Condition of Approval No. 9 requires compliance with the Campbell Municipal Code and provides for review and approval by the Community Development Director. Suggested adding a sentence: The proposed gate and/or traffic circulation measures shall be reviewed by the Community Development and Public Works Director. Chairperson Gibbons: · Stated that, as shown, a gate will not work. · Said that she would support the issue of cut-through traffic prevention measures going back to the Community Development Director. · Said that there is not enough detail provided to approve this project. · Added that, typically, the Commission has building sections to review. Commissioner Lindstrom said that he assumes that this building will be compatible with the other buildings constructed at the Campbell Technology Park. Chairperson Gibbons stated that this is a totally different construction type. Commissioner Lowe suggested adding a Condition of Approval requiring details, including further details of the wall section with window treatment and reveals, be provided to the Community Development Director. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Lowe, the Planning Commission Adopted Resolution No. 3305 recommending approval of a Planned Development Permit (PLN2000-111) to allow the construction of a two-story, 10,890 square foot research and development building on property located at 603 Campbell Technology Parkway with the following changes to the Conditions of Approval: 1. The property gate and related traffic mitigation measures, to prevent use of this site for cut-through traffic in ways that will not impede the free flow of traffic on Westchester, shall be reviewed and approved by the Community Development and Public Works Directors. 2. Condition of Approval No. 2 shall be changed to read "shall be compatible with the overall design of the Campbell Technology Park." 3. Add Section C to Condition of Approval No. I to read "Applicant shall provide a wall detail, depicting windows and reveals, to the Community Development Director to ensure consistency with the other buildings in the Campbell Technology Park. by the following roll call vote: AYES: Doorley, Gibbons, Lindstrom, Lowe NOES: None ABSENT: Francois, Hernandez, Jones ABSTAIN: None Planning Commission Minutes of October 10, 2000 Page 6 Chairperson Gibbons advised that Council would consider this matter at its meeting of November 6, 2000. Chairperson Gibbons read Agenda Item No. 2 into the record. PLN2000-113 Langeman, K. Public Hearing to consider the application of Dr. Karen Langeman, on behalf of Porte Veterinary Clinic, for approval of a Reinstatement (PLN2000-113) to allow the Modification to a Site and Architectural Approval to allow an addition to an existing veterinary clinic on property located at 3265 Winchester Boulevard 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. Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: Stated that a Use Permit (UP82-16) was approved in 1982 allowing the establishment of a veterinary clinic on this site. · Advised that in 1997, the applicant obtained an approval for a 695 square foot addition to the building on this site. The building is a converted former residence. This addition was never constructed and the approval expired. · An 18-month Reinstatement was approved in March 1998. This Reinstatement expired in September 1999, without the addition being constructed. · Advised that the applicant is now asking for another Reinstatement, good for two years. The proposal, for an addition at the front of the existing building, on the south property line, is consistent with existing requirements and has not changed from the original submittal and approval. · SARC did not review this project as there are no changes proposed, just an extension of time. · Staff recommends approval. Commissioner Lowe asked how many Reinstatements are allowed. Ms. Sharon Fierro: · Advised that there are no limits to the number of times a Reinstatement can be requested. Each time a Reinstatement is sought, a Public Hearing is held and a review of current requirements is considered. The Reinstatement is not guaranteed if requirements change. · Added that this is still an acceptable project. Commissioner Lowe asked why the applicant wants a two-year approval instead of 18 months. Ms. Sharon Fierro informed that one of the reasons additional time is needed is the difficulty in securing a contractor during these busy times, particularly for smaller additions such as this one. Planning Commission Minutes of October 10, 2000 Page 7 Commissioner Doorley asked whether two parking spaces would be lost as a result of the addition. Ms. Sharon Fierro replied yes. Commissioner Doorley asked whether all the spaces are compact spaces. Ms. Sharon Fierro replied that some are compact and others standard. Commissioner Doorley asked if a handicapped parking space is provided. Ms. Sharon Fierro assured the Commission that the Building Department verifies compliance with ADA requirements, which would include the provision of sufficient handicapped parking. Commissioner Lindstrom sought clarification that there are no changes from the original approval and that the project meets all current codes. Ms. Sharon Fierro stated that this project has neither any changes from the original approval nor deviations from code. Commissioner Doorley advised that looking at the site plan he can see only 10 spaces not the 11 required. Ms. Sharon Fierro pointed out that the eleventh space is the handicapped space located at the front of the building. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 2. Chairperson Gibbons closed the Public Heating for Agenda Item No. 2. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3306 approving a Reinstatement (PLN2000-113) to allow the Modification to a Site and Architectural Approval to allow a 695 square foot addition to an existing veterinary clinic on property located at 3265 Winchester Boulevard, by the following roll call vote: AYES: Doorley, Gibbons, Lindstrom, Lowe NOES: None ABSENT: Francois, Hernandez, Jones ABSTAIN: None Chairperson Gibbons advised that this action is final in 10 days, unless appealed in writing to the City Clerk. Planning Commission Minutes of October 10, 2000 Page 8 Chairperson Gibbons read Agenda Item No. 3 into the record. PLN2000-93/131 Appe, H. Public Hearing to consider the application of Ms. Heidi Appe, on behalf of Advanced Radio Telecom, for approval of a Site and Architectural Approval (PLN2000-93) and Conditional Use Permit (PLN2000-131) to allow the placement of four antennas on an existing penthouse on the roof of the Pruneyard Tower Building on property located at 1999 S. Bascom Avenue in a C-2-0 (General Commercial/Overlay District) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Ms. Darcy Smith, Planner I, presented the staff report as follows: · Advised that this application seeks approval of a Site and Architectural Approval and Conditional Use Permit to allow the placement of four high-speed wireless antennas within an existing penthouse on the Pmneyard Tower II. · The Pruneyard Tower II is a 117,000 square foot building constructed in 1974. · The Zoning of the site is General Commercial with an Overlay District. · The General Plan designation is Commercial. · Said that this proposal is consistent with both the Zoning and General Plan. · The antennas will be installed on existing structural beams and are not visible from the exterior. An equipment cabinet and backup battery will also be placed within the penthouse. · The antennas will provide high-speed broadband service only to the tenants of Pruneyard Tower II. · SARC reviewed this application. Commissioner Hemandez was the only Commissioner at that meeting and he was supportive of this application. · Staff recommends approval of the Site and Architectural and Use Permit applications. Commissioner Lowe sought clarification that the antennas are not visible. Asked whether the Telecommunications Ordinance allows visible antennas on buildings such as this one. Ms. Darcy Smith replied that the Ordinance discourages visible antennas on buildings such as this one. Chairperson Gibbons said again that the antennas are located inside. Ms. Darcy Smith assured the Commission that the antennas are completed installed inside the penthouse. Added that the only things that may be slightly visible are the seams on the panel but that they would be painted to match the building. Planning Commission Minutes of October 10, 2000 Page 9 Chairperson Gibbons advised that the Telecommunications Ordinance has specific criteria requiring the stealthing of antennas. This proposed installation is completely stealthed and could have been approved at staff level but for the fact that it is a co-location. When a new installation is a co-location, with other antennas already installed at that location, the application must come before the Planning Commission. This installation is consistent with the Ordinance. Commissioner Lowe added that the intent is not to have an "antenna farm." Ms. Darcy Smith added that this would be a highly visible location if the antennas were not disguised, as this is one of the highest buildings in the City of Campbell. Commissioner Lindstrom advised that while he missed the Site and Architectural Review Committee at which this application was reviewed, he would have supported the application. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 3. Commissioner Lowe asked if the applicant would please come forward as he has questions about the technology involved in this installation. Ms. Heidi Appe, Applicant: · Advised that this is fairly new technology, fiber quality build out which has a higher reliability. The antennas speak to each other. The only cabling is between the antennas and the equipment cabinet. Installations are almost always hidden from sight. Commissioner Lowe asked if the City's Telecommunications Ordinance is keeping up with the new technologies. Ms. Sharon Fierro replied that the Ordinance is keeping up. However, she added that she will be looking at an update in the near future. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution No. 3307 granting a Site and Architectural Approval (PLN2000-93) and Conditional Use Permit (PLN2000-131) to allow the placement of four antennas on an existing penthouse on the roof of the Pruneyard Tower II on property located at 1999 S. Bascom Avenue, by the following roll call vote: AYES: Doorley, Gibbons, Lindstrom, Lowe NOES: None ABSENT: Francois, Hernandez, Jones ABSTAIN: None Planning Commission Minutes of October 10, 2000 Page 10 Chairperson Gibbons advised that this action is final in 10 days, unless appealed in writing to the City Clerk. Chairperson Gibbons read Agenda Item No. 4 into the record. 4. PLN2000-116 Craig, M. Public Heating to consider the application of Mr. Michael Craig, on behalf of Caper's Bar and Grill, for approval of a Modification (PLN2000-116) to a Use Permit to allow incidental live entertainment and extended hours of operation beyond 11 p.m. for an existing restaurant and bar on property located at 1710 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Mr. GeoffBradley, Senior Planner, presented the staff report as follows: · Informed that the applicant is seeking a Modification to a Use Permit to allow extended hours of operation and the addition of live entertainment for an existing restaurant, Caper's Bar and Grill, located at the Kirkwood Plaza Shopping Center. · The adjacent uses include another restaurant (Hawg's) to the left and Wireless World to the fight. · The proposed live entertainment includes soloists, two to three-piece ensembles, karaoke and dancing. · The proposed extended hours of operation would be from 11 a.m. to 1 a.m., Sundays through Thursdays, and from 11 a.m. to 2 a.m., Fridays and Saturdays. Outdoor seating would be from 11 a.m. to 11 p.m., Sundays through Saturdays, and from 11 a.m. to 12 midnight, on Fridays and Saturdays. · The Zoning of this site is C-1-S (Neighborhood Commercial), which allows a restaurant/bar use with approval of a Conditional Use Permit. · Advised that Conditions of Approval have been drafted that provides the Community Development Director with the opportunity to immediately discontinue the extended hours and/or live entertainment should complaints arise from this use until such time that a public hearing can be scheduled before the Planning Commission. · Informed that the nearest residential neighbors are located 200 feet away, across Campbell Avenue. · Pointed out that several letters have been received from nearby residents asking that the late hours not be approved due to concerns about potential impacts to their neighborhood. · Staff has conditioned that the dance floor not exceed 200 square feet. · Staff is recommending approval of this application. Commissioner Doorley asked about guidelines for late hour operations. Planning Commission Minutes of October 10, 2000 Page 11 Mr. GeoffBradley advised the Commission that businesses are permitted to operate until 11 p.m. To operate later than 11 p.m., a Use Permit must be obtained. Commissioner Doorley asked what criteria merits approval of extended hours. Ms. Sharon Fierro: · Advised that facts and circumstances are evaluated on a case-by-case basis. · General welfare findings must be made that no negative impacts result from the extended hours. · In this case, this is a fairly small restaurant with a capacity of about 75. The area for live entertainment is very small. · Added that a Condition has been added that allows the Community Development Director to reduce the hours and/or halt the live entertainment if complaints are received. If the Director discontinues the use, the matter would be forwarded to the Commission for a hearing to reconsider the Use Permit. This Condition will offer protection for the adjacent land uses. Commissioner Doorley asked how many establishments are open after 11 p.m. Ms. Sharon Fierro advised that only about 25 percent do not stay open beyond 11 p.m. These are usually the smaller restaurants and/or cafes. Added that the City has not received any complaints as a result of late hour operations and/or live entertainment from restaurants such as Left at Albuquerque, King's Head, Katie Blooms, etc. Chairperson Gibbon: · Stated that the City can either be proactive in prohibiting such uses or have tight controls in which they allow the businesses to try to comply with strict Conditions of Approval. · Expressed concerned that the applicant's letter mentions that doors will be closed after 11 p.m. Stated that the doors should always be kept closed, not propped open, and that no speakers should be included in the outdoor seating area. Commissioner Lindstrom pointed out that Condition of Approval No. 6 states that there shall be no sound system, music, public address system and/or speakers in the outdoor seating area after 9 p.m. Commissioner Lowe suggested limiting the service hours outside. Chairperson Gibbons stated that the proposed outdoor hours are to 11 p.m., Sunday through Thursday, and to 12 midnight on Friday and Saturday. Added that in the past, the Commission has limited outdoor service hours to 10 p.m. with clean up and closure of the outdoor seating area to occur by 11 p.m. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 4. Mr. Mike Craig, Applicant: Planning Commission Minutes of October 10, 2000 Page 12 Mr. Mike Craig, Applicant: Stated that the staff recommendations are consistent with what they had been thinking. · Said that they want to keep the neighbors happy. · Advised that he was fine with the 10 p.m. limits on service on the patio. · Said that he did not envision problems with noise. Commissioner Lowe asked ifHawg's also has outdoor dining. Mr. Mike Craig replied that they do but that they close early, by 9 or 10 p.m. Added that ending the outdoor dining at 10 p.m. is fine with him. Chairperson Gibbons stated that the live entertainment is a nice addition to this establishment. Cautioned the applicant that, as demonstrated by the neighbors' letters, this use is under scrutiny. Mr. Mike Craig advised that he is aware of that fact. Stated that the issue will be what type of noise is coming from his restaurant. Commissioner Lowe sought assurance that there will be no loud musical groups. Mr. Mike Craig said that the music would not be loud bands. Reminded that the site can only accommodate 75 persons. Commissioner Lowe asked if the 10 p.m. deadline for service would also mean that drinks would no longer be served. Mr. Mike Craig said yes but added that should a smoker wish to take his/her drink outdoors in order to smoke, that would be accommodated. Chairperson Gibbons closed the Public Heating for Agenda Item No. 4. Commissioner Doorley expressed concern about consistency. Stated that he had no problem with live entertainment but is cautious about a 2 a.m. closing time. Commissioner Lowe asked if Commissioner Doorley would be more comfortable with a 1 a.m. closing or even midnight. Commissioner Doorley advised that he even struggles with a midnight closing time. Commissioner Lindstrom asked what hours the business could stay open at this time. Ms. Sharon Fierro replied that the business could currently stay open until 11 p.m. Planning Commission Minutes of October 10, 2000 Page 13 Commissioner Lindstrom asked about operational hours for other restaurants in the City that include live entertainment. Ms. Sharon Fierro replied that many stay open until 2 a.m. Commissioner Lindstrom suggested having the business close earlier from Monday through Thursday and until 1 a.m. on Friday, Saturday and Sunday. Added that this site is far enough away from residential uses that the 1 a.m. closing time should not cause problems. Commissioner Lowe stated that he wants to see the City be both reasonable and fair with this applicant. Suggested a 12 a.m. closing from Monday to Thursday and a 1 a.m. closing on Friday, Saturday and Sunday. Chairperson Gibbons advised that she supports the hours requested by the applicant with the imposed Conditions of Approval. Added that the Conditions offer provisions to deal with complaints. Said that she would be comfortable allowing the Community Development Director to establish the final hours of operation. Commissioner Doorley stated that he would be more comfortable with better consistency. Added that he is not opposed to having the Director set the final hours. Ms. Sharon Fierro suggested two alternatives. Continuing this application to allow staff to bring more information about other similar uses or to require a six-month review of this use to ensure that no complaints have resulted from this use. Added that the City has not received complaints as a result of similar business currently in operation in the City of Campbell. Commissioner Lowe stated that there is no consistency because each site comes with different circumstances. Each use is unique and must be evaluated as such. Commissioner Doorley stated that there should still be reasonably consistent standards. Said that he would prefer to see this item continued. Chairperson Gibbons stated that the Commission could either continue the matter or approve the application with more restrictive hours with a review of the use after six months. Added that it would be beneficial for the applicant to allow this application to go forward this evening. Said that her personal preference is to allow the application to be approved as submitted. On the other hand, the application could be approved with more restrictive hours and conditions. Commissioner Lindstrom reminded the Commission that the Conditions of Approval have provisions for dealing with complaints and that this application should move forward. Planning Commission Minutes of October 10, 2000 Page 14 Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution No. 3308 approving a Modification (PLN2000-116) to a Use Permit to allow incidental live entertainment and extended hours of operation beyond 11 p.m. (11 a.m. to 12 a.m., Sunday through Thursday, and 11 a.m. to 1 p.m., on Friday and Saturday with outdoor service to 10 p.m. seven days a week) for an existing restaurant and bar on property located at 1710 W. Campbell Avenue, by the following roll call vote: AYES: Gibbons, Lindstrom, Lowe NOES: Doorley ABSENT: Francois, Hernandez, Jones ABSTAIN: None Chairperson Gibbons advised that this action is final in 10 days, unless appealed in writing to the City Clerk. Chairperson Gibbons called a recess at 9:05 p.m. Chairperson Gibbons reconvened the meeting at 9:12 p.m. Chairperson Gibbons read Agenda Item No. 5 into the record. PLN2000-135 Kirkorian, J. Public Hearing to consider the application of Mr. John Kirkorian, on behalf of Kirkorian Developments, for approval of a Modification (PLN2000-135) to a Site and Architectural Approval (PLN2000-86) to allow the placement of a temporary trailer for retail sales use (Avery's) for approximately six months during the construction of the permanent building on site on property located at 1600 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Ms. Sharon Fierro, Community Development Director presented the staff report as follows: · Advised that a Site Approval was granted by the Planning Commission on August 22, 2000, to allow the construction of a two-story office/retail building at the Kirkwood Plaza Shopping Center. · Informed that the ground floor of this building is to be occupied by Avery's. · Since that approval, Avery's unexpectedly lost its current location, on the same site as the recently closed Kiddie World, and must vacate by November, 2000. · This is the critical sales period for this business. Planning Commission Minutes of October 10, 2000 Page 15 · Kirkwood Plaza is seeking approval to place a temporary sales trailer on their site to house Avery's during this holiday season until the new building is completed and they can assume that space. This temporary space will be utilized for up to eight months or until the new space is completed, whichever comes first. · Advised that this situation is an extraordinary set of circumstances. · The proposed trailer, a triple wide consisting of 1,440 square feet, would be placed on the east side of the lot, adjacent to the Shell Station, with the front door oriented to the west. The trailer would be painted to match the center and a ramp will be constructed to provide ADA access. The applicant will place temporary trees in large pots to soften the appearance of the trailer. · Advised that there is parking available to accommodate this use, parking that will be utilized by the newly constructed building. · Added that a portable chemical toilet facility will be installed and maintained in a clean and sanitary manner. Commissioner Doorley sought clarification as to whether this approval is for six or eight months. Ms. Sharon Fierro advised that the applicants originally requested six months. Staff is encouraging additional time to allow for any construction delays that may be caused by weather and/or other factors. Commissioner Lowe asked if an extension would be possible should construction of the new building not be completed within the eight months. Also if there would be any sort of penalty. Chairperson Gibbons asked what incentives there are for the applicant to expedite construction of the new permanent building. Ms. Sharon Fierro replied that the ability for the owners to lease their space is the incentive. Added that construction is lined up within the family. Chairperson Gibbons asked if Fire has signed off on the placement of this trailer. Ms. Sharon Fierro advised that Fire finds the placement acceptable. Chairperson Gibbons suggested that, with the rainy weather approaching, some sort of covering for the toilet facility be considered. Added that she does not support placing the toilet facility at the front of the building. Commissioner Lindstrom presented the Site and Architectural Review Committee report as follows: · Stated that SARC reviewed this project at two meetings, on September 24th and October l0th. · SARC was supportive of this temporary use for approximately eight months. Planning Commission Minutes of October 10, 2000 Page 16 Commissioner Lowe added that SARC had discussed possibly placing the temporary trailer on the pad that will hold the new Walgreen's building. Ms. Sharon Fierro advised the Commission that the Walgreen's construction would begin as soon as possible in order to coincide with the other construction at the shopping center. Chairperson Gibbons opened the Public Heating for Agenda Item No. 5. Mr. Dan Brodnik, 1630 W. Campbell Avenue: · Stated that placing the temporary trailer on the pad is not feasible at this time. · Added that the portable restroom facility is actually a trailer facility rather than a construction site type of portable. Commissioner Lowe asked Mr. Brodnik where construction supplies will be stored on site and whether said storage would impact parking on the site. Mr. Dan Brodnik replied that they will use the pad some of the time and the road in between the buildings. They will move the storage area around as necessary. This will be a staged construction project. Ms. Nancy Trainer, Owner, Avery's: · Advised that she recently was notified that she would have to vacate the site she has conducted business from since 1986. She received an eviction notice on September 15, 2000, effective November 2000. · Informed that she has sold off all but her fine lines of products. The fine lines that she will continue to sell while occupying the temporary trailer facility include Waterford and Lalique. · Added that, for the short term, she is going to occupy a 1,400 square foot site instead of the 15,000 square feet she currently occupies. · Asked the City's indulgence in letting her move her business to this temporary facility on a temporary basis. Mr. John Kirkorian, Applicant, 1630 W. Campbell Avenue: · Advised the Commission that they hold a ground lease with the owners of the Ace Hardware site which means they are paying for vacant space. · Added that it is anticipated that construction will be completed by March 15, 2001. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 5. Commissioner Doorley stated that this seems to be a fair and logical measure for unusual circumstances. Planning Commission Minutes of October 10, 2000 Page 17 Chairperson Gibbons wanted to state for the record that this approval is not intended to set a precedent. This represents an extraordinary situation. The Commission will not be in the habit of allowing portable retail in the City. Suggested that the Community Development Director review the portable restroom facility. Commissioner Lowe asked if that was an adequate statement for the record. Chairperson Gibbons replied that this statement is now a part of the minutes. Commissioner Lowe stated that many schools use portables. Chairperson Gibbons responded that her concern is that retail uses of portable structures not become commonly utilized. This is a special and unique set of circumstances. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution No. 3309 approving a Modification (PLN2000-135) to a Site and Architectural Approval (PLN2000-86) to allow the placement of a temporary trailer for retail sales use (Avery's) for approximately six months during the construction of the permanent building on site on property located at 1600 W. Campbell Avenue, by the following roll call vote: AYES: Doorley, Gibbons, Lindstrom, Lowe NOES: None ABSENT: Francois, Hernandez, Jones ABSTAIN: None Chairperson Gibbons advised that decision is final in 10 days, unless appealed in writing to the City Clerk. Chairperson Gibbons read Agenda Item No. 6 into the record. 6. PLN2000-118 S.V.E.C. Public Heating to consider the application of Silicon Valley Educational Center for approval of a Conditional Use Permit (PLN2000-118) to allow the establishment of a computer training center on property located at 2207 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. Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: Planning Commission Minutes of October 10, 2000 Page 18 Advised that the applicants are seeking approval for the establishment of a computer training school within an existing retail building. The surrounding uses include a swim school/day care to the north; retail to the south; a restaurant to the east and residential to the west. · The site is only 3 percent landscaped. · Due to the small nature of this business, the only requirement being asked of the applicant is the addition of one street tree within an existing tree well along Apricot. · Advised that the parking provided exceeds that required with 21 spaces. · Hours of operation will be from 8 a.m. to noon and from 6 p.m. to 9 p.m. · There will be three employees and five clients. · Staff recommends approval of this application. Chairperson Gibbons asked whether SARC reviewed this item. Ms. Sharon Fierro replied that SARC did not review this proposal since there are no exterior modifications proposed. Commissioner Doorley sought clarification as to whether one unit or two would be occupied by this business. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 6. Mr. Frank Fragomeni replied that this use would occupy one tenant space. Chairperson Gibbons closed the Public Heating for Agenda Item No. 6. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution No. 3310 approving a Conditional Use Permit (PLN2000-118) to allow the establishment of a computer training center on property located at 2207 S. Bascom Avenue, by the following roll call vote: AYES: Doorley, Gibbons, Lindstrom, Lowe NOES: None ABSENT: Francois, Hernandez, Jones ABSTAIN: None Chairperson Gibbons advised that this approval is final in 10 days, unless appealed in writing to the City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented, with the added comments: Planning Commission Minutes of October 10, 2000 Page 19 · Provided an update on the five items forwarded to Council from previous Commission meetings. The Redding Road Project; Bruce Bowen's Harriet Project; the Prometheus Creekside Project and the appeal of the Wong building Modification request were approved. The request for an expressway-oriented sign for Scandinavian Concepts was denied. · Reminded the Commission that the next meeting, on October 24th, would be devoted to the General Plan. · Advised that staff has met with all of the City's Boards and Commissions and held a public meeting on October 9th. Only a few concerns were raised. Most of the comments have been positive. ADJOURNMENT The Planning Commission meeting adjourned at 9:40 p.m. to the Planning Commission meeting of October 24, 2000, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: APPROVED BY: ATTEST: Corinne A. Shinn, Recording Secretary j..--'"'~za~tl~ (~ibbons, Chair Sharon Fierro, Secretary