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PC Min 03/11/1997CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. MARCH 11, 1997 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of March 11, 1997, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairwoman Keams, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Commissioners Absent: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Susan A. Keams Dennis Lowe I. Alne Elizabeth Gibbons Brad Jones Jane Meyer-Kennedy Mel Lindstrom Staft Present: Community Development Director: Senior Planner: Associate Planner: Planner I: City Attorney: Reporting Secretary: Steve Piasecki Darryl M. Jones Tim J. Haley Aki Irani William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Lowe, seconded by Commissioner Meyer- Kennedy, the Planning Commission minutes of February 25, 1997, were approved (5-0-1-1, Commissioner Gibbons abstained and Commissioner Lindstrom was absent). COMMUNICATIONS: There were no communication items. Planning Commission Minutes of March 11, 1997 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairwoman Kearns read Agenda Item No. 1 into the record. 1. M 97-04 Public Heating to consider the application of Mr. Edward Yuhara for approval of a Modification (M 97-04) to the sideyard setback requirements to allow a second story addition to a residence located at 173 Cherry Lane in an R-l-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed within 10 days to the City Clerk. Commissioner Gibbons stated that she has a conflict of interest (this property is her immediate next door neighbor's) and will not participate in the discussion and vote on this project. She left her seat to sit with the audience. Ms. Aki Irani, Planner I, presented the staff report as follows: · Applicant is seeking a minor Modification to the required sideyard setbacks from the required seven feet to 6 feet. Property is located at 173 Cherry Lane. · Both the General Plan and Zoning are consistent. The General Plan designation is low density residential (4.25 units per acre). The Zoning is R-l-6 (Single Family Residential - Minimum Lot Size of 6,000 square feet). · All setbacks can be met on the east, front and rear of the property. There is a one foot deficiency on the west side of the property. This site is surrounded by single family residences on three sides and a two-story apartment on the forth side. The addition has been designed in a manner sensitive to the surrounding residences. A detached garage in the immediate neighbor's property serves as a buffer on the west side. The applicant and his architect are available for any questions. Commissioner Keams asked about the stairs. Would there be stairs outside? Ms. Aki Irani clarified that the stairs mentioned were interior stairs and that the wall was jutting out one foot in order to fit the staircase. Planning Commission Minutes of March 11, 1997 Page 3 Commissioner Lowe presented the Site and Architectural Review Committee report: · SARC met with the applicant and is supportive of this plan. · No harm is caused to the neighborhood by this addition. Chairwoman Keams opened Public Hearing No. 1. Mr. Dennis Burrow, Architect, Los Gatos: · Clarified that the remodel was designed to avoid cutting into a brick patio which the homeowner lovingly installed. Chairwoman Keams closed Public Hearing No. 1. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Alne, the Planning Commission adopted Resolution No. 3078 approving a Modification (M 97-04) to the sideyard setback requirements to allow a second story addition on property located at 173 Cherry following roll call vote: AYES: Alne, Jones, Kearns, Lowe, Meyer-Kennedy NOES: None ABSENT: Lindstrom ABSTAIN: Gibbons Lane, by the Planning Commission decision final, unless appealed within 10 days to the City Clerk. Commissioner Gibbons returned to her seat. Chairwoman Keams read Agenda Item No. 2 into the record. 2. M 97-05/SA 97-10 Toloui, F. Public Hearing to consider the application of Mr. Frank Toloui, on behalf of Johnny Rockets, for approval of a Modification (M 97-05) to a previous Site Approval on property located at 1875 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Applicant is seeking approval of a Modification to the Master Site Approval and Use Permit granted to the Pruneyard to allow 18 restaurants within the center. · This new restaurant, Johnny Rockets, would be located between Barnes & Noble and Trader Joe's. Planning Commission Minutes of March 11, 1997 Page 4 · The restaurant will include 2,800 square feet and 1,200 square feet in the open courtyard. · Seating capacity is 120 indoors and 70 outdoors. · Applicant is seeking a sign exception to allow five signs for a total of 105 square feet. · This restaurant has 42 feet of linear frontage · Johnny Rockets is a 50's style diner/restaurant. · Staff has the concern that the proposed architecture for this storefront does not fit within the rest of the center. It represents a significant change of architecture. · The sign exception seeks two wall signs reading Johnny Rockets and three small signs along the canopy listing products. · The sign standard permits one square foot of signage for each square foot of frontage. · Staff finds the style and signing request to be significantly different. · Staff recommends denial of both the Modification and the sign exception. Commissioner Lowe presented the Site and Architectural Review Committee report: · SARC met at length with the applicant and had a list of concerns including lighting, the building color, massing and the significant departure in architectural style from the remainder of the shopping center. · SARC does not support approving this request. Chairwoman Keams opened the Public Heating for Agenda Item No. 2. Mr. Chris Meany, The Pruneyard: · Stated his appreciation for the efforts of both staff and SARC, acknowledging that they have worked with the applicant. · Opined that difference in retail storefronts can create excitement. · Stated that the design of the Pruneyard with its long, low red-tile roofs is death to retail today as it shadows the store frontages. It is a challenge to work with the existing architecture. There is no sign higher than nine feet since roof-mounted signs are prohibited. · Stated that the Pruneyard feels it has a mandate from the City to create an atmosphere that draws people and causes them to stay. · This particular unit was created with a courtyard and was intended to be a food-oriented business with outdoor seating. · Stated that he is very excited about this tenant, Johnny Rockets, which is a vibrant, family- oriented place with a well-defined strong identity. · Pruneyard sees a need for a breadth of offerings. · Disagreed with the concerns about color. · Asked the Commission to look upon Johnny Rockets as a transitional unit. · Disagreed with the idea that this site has only 42 foot of linear frontage. With all of the frontages (not just facing Campbell) this site has 85 feet of frontage. · The signs requested are two reading Johnny Rockets and three that read "Hamburgers", "Pies", and "Chili". Planning Commission Minutes of March 11, 1997 Page 5 Questioned the need for any new trees. They have worked with staff over the last two and a half years and for every tree removed, they planted two new trees. Adding any more trees at this point takes away from parking. Commissioner Alne stated that other new restaurants (WrapWorks and Left at Albuquerque) have adapted their remodels to fit within the Pruneyard architecture. How can it be explained to these other uses if the Commission now allows this project. Mr. Chris Meany: · Stated that this is a valid point. · Said that the Pruneyard merchandises its center much like tenants merchandise their products. Successful malls are always building and changing. You don't want to homogenized a look. · Johnny Rockets is an established restaurant. · Color is the best way to get different looks. · It is appropriate to consider massing. · Reminded that the new facade still maintains the overhang walkway. · Stated that Johnny Rockets has created a great look. Commissioner Alne stated that the other new tenants, who have complied with the architectural integrity of the center, are doing well. The parking lot is always full. Mr. Chris Meany: · Stated that he is not here to say any move made to date has been wrong. brought the center back to life. · There are still four to five unleased units. · They cannot rest on their laurels. They must finish the job at hand. · Johnny Rockets will be loved by the community. They have Commissioner Lowe stated that even McDonalds would have a hard time fitting their architectural design into the Pruneyard. Mr. Chris Meany: · Asked the Commission to keep their minds open. · The Pmneyard is not a museum. It is a viable business enterprise that creates jobs and sales revenue. Mr. Ron Titlebaum, Founder, Johnny Rockets. · Stated that he realized his request was for more than the one-foot sideyard setback variance of the previous applicant. · Stated that he created Johnny Rockets twelve years ago. Today Johnny Rockets has 85 restaurants in 22 states and six countries. Planning Commission Minutes of March 11, 1997 Page 6 · His restaurants are based on a 40's malt shop theme. It is important to the success of the restaurants that the theme is carded through. Guests come to his restaurant and leave the 90's behind and go back to the 40's. The design is instrumental. Without his design, this is just another place. · Johnny Rockets is a family-oriented restaurant with no alcohol sales. Commissioner Gibbons stated that the context of this proposed architecture is like a building plucked out of the sky. It is alien to the environment. Asked how much flexibility Johnny Rockets had in their architectural design. Mr. Ron Titlebaum replied that his restaurant has a movie set look. Mentioned Steven Spielberg's restaurant in Southern California, The Dive, which includes a submarine. Without the submarine, the design and theme would not work. Mr. Frank Toloui, Applicant and local franchisee of Johnny Rockets Restaurants: · Stated that he personally created the architectural design. · One intention is to cover the air-conditioning units on the roof and the elevation height differences between his unit and the Barnes & Noble. · Stated that light means life. They need to be visible and inviting. · Said that with the 43 feet of frontage in the courtyard and 42 feet of frontage on the street, his site has 85 feet of frontage. · Since the SARC meeting, he has developed a new, scaled down elevation. · Stated that he operates three Johnny Rockets locally with another under construction in downtown San Jose. Commissioner Lowe stated that the Commission should not be reviewing a new design at this point until SARC has an opportunity to review this new proposal. Commissioner Alne stated that he agreed. The new design should be resubmitted to SARC. It is difficult to review offthe cuff. Commissioner Gibbons stated that she concurred. This proposed use is great but the applicant needs to come to a workable solution with SARC. Chairwoman Keams suggested a motion for a continuance. Mr. Frank Toloui stated that he is under pressure for the lease and to begin construction. Mr. Chris Meany spoke privately with Mr. Toloui and stated: · That Mr. Toloui has invested time and money in this project. · That he understood that the Commission was not ready to approve this project. · Asked the Commission to take a quick look at Mr. Toloui's new design just to offer feedback that he is moving in the fight direction. Planning Commission Minutes of March 11, 1997 Page 7 Commissioner Lowe stated that this compromise is late. SARC offered alternatives to the applicant but he refused to consider them. Commissioner Alne stated that the Commission is being asked to review a plan without the opportunity to have a frank discussion with staff. It is in the applicant's best interest to have the most favorable review of his proposal. Commissioner Lowe advised that the whole Commission is not against this project simply because SARC is not supportive. Commissioner Meyer-Kennedy said that more work may be in order. She suggested a continuation. Commissioner Alne stated that he was willing to take a quick look at the new design without having to make a decision. Mr. Steve Piasecki, Community Development Director, advised the Commissioners to refrain from making a judgment at this time when looking at the new design. Suggested a one month continuance. Commissioner Meyer-Kennedy stated that the applicant and staff have worked hard on this project. Mr. Frank Toloui showed his revised elevation and stated that he would eliminate one column, lower the logo and drop the second tower down three feet. Commissioner Lowe asked whether he was seeing yellow paint below the roof line in lieu of white. Mr. Frank Toloui said unfortunately that was correct although he never suggested yellow paint it was added to the rendering. Stated that he preferred white paint. Motion: Upon motion of Commissioner Alne, seconded by Commissioner Meyer- Kennedy, the Planning Commission continued consideration of this Modification (M 97-05) to a previously-approved Site Approval on property located at 1875 S. Bascom Avenue to the meeting of April 8, 1997. (6-0-1; Commissioner Lindstrom was absent). Mr. Frank Toloui asked if it could be considered in two weeks. Mr. Steve Piasecki replied that this was not possible as there was much to be done before this project would be ready to come back to the Commission. Planning Commission Minutes of March 11, 1997 Page 8 Chairwoman Keams read Agenda Item No. 3 into the record. Planning Commission Interpretation & Amendment to Use Permit Planning Commission Interpretation to consider whether a proposed use, Results Facial & Body Care Clinic, at the Community Center, located at 1 W. Campbell Avenue, in a PF (Public Facilities) Zoning District, is compatible with the uses allowed under the Conditional Use Permit approved in 1980. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Ms. Aki Irani, Planner I, presented the staff report as follows: · The applicant, Janet Lloyd-Davis, is the owner of Results Facial and Body Care Clinic and would like to operate out of the Community Center. · This proposed use is not listed in the Use Permit as an allowed use but a provision in the Use Permit allows the Planning Commission to determine if the use is compatible. This use includes facial and skin care, massage therapy and aroma therapy. The potential clientele include the people who exercise at the Community Center. The proposed space is Room 66 of Building J. The space is 600 square feet. Staff has reviewed and finds the proposed use compatible with Public Facilities Zoning and recommends that the Planning Commission approve this use. Conditions of Approval will not allow this use to expand in size or hours of operation. Police has reviewed the proposal and has no objections. Linda Klemzak, Community Center Manager, is available for questions. Commissioner Alne asked if uses not listed could be allowed. Ms. Aki Irani stated that if the Commission finds the use compatible, they can approve additional uses. Chairwoman Kearns asked if there was anyone present who wished to address this item. Ms. Linda Klemzak, Community Center Manager: · Agreed that the use is different from existing uses but is compatible. · Asked the Commission to approve this tenant. Commissioner Gibbons stated that she found the use out of context for the Community Center. Asked if Ms. Klemzak was having difficulty in leasing space. Ms. Linda Klemzak admitted that the Community Center is experiencing the highest vacancy rate ever with Phillips Junior College now gone. Personal pampering services are popular. This service is a convenience for users of the Community Center and will fit in nicely. Planning Commission Minutes of March 11, 1997 Page 9 Commissioner Gibbons stated that this seems to be a remote location as it is not directly connected to any of the athletic facilities. Ms. Linda Klemzak admitted that it may seem remote but that this tenant requires connection to water which this space has. Commissioner Meyer-Kennedy asked what uses were intended under the Use Permit. Mr. Tim J. Haley, Associate Planner, replied professional office uses. The Use Permit was approved before the City purchased the Community Center. It is intended for service clubs and other public uses. However, staff has no problem with this proposed use. Ms. Janet Lloyd-Davis, Applicant: · Stated her appreciation for the Commissions time in considering her request. · Said that she is excited to be supported by the Community Center staff. · Stated that her business is not a hair salon but rather more a clinic, more medical, although she is not a doctor. Stated that she is licensed by the State for skin care and massage therapy. She treats acne problems. Advised that this is not a retail store. She has some products for sale. Her clients have one hour appointments and she serves from five to six clients a day. This could go up to 10 to 12 per day if she adds a manicurist and pedicurist. Stated that she will be offering discounts to Senior Center and Community Center patrons. Commissioner Lowe asked how Ms. Lloyd-Davis advertises her services. Ms. Janet Lloyd-Davis replied that her advertising is word of mouth. She also has a Web site. Stated that she does not like mass mailings or flyers. Commissioner Lowe asked if the Commission has to worry about neon signs. Ms. Janet Lloyd-Davis answered no. Commissioner Gibbons asked if any signs were proposed. Ms. Janet Lloyd-Davis replied that she will use the signs provided by the Community Center for its tenants. In addition, she will replace the JFK sign of the former tenant with a sign of her own. Commissioner Gibbons asked why Ms. Lloyd-Davis was leaving her current location. Ms. Janet Lloyd-Davis responded that she has a restraining order against another tenant in her current location and she needs to leave that location. Planning Commission Minutes of March 11, 1997 Page 10 Commissioner Gibbons stated that this is an unusual use and rather inconsistent. However she is inclined to support it. She stated that she would not like to see a continuation of such retail center uses at the Community Center. Ms. Janet Lloyd-Davis admitted that if it were possible, she would have loved to have located in a unit closer to the pool area but all of that space is currently occupied. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3079, finding that the establishment of Results Facial & Body Care Clinic at the Campbell Community Center, 1 W. Campbell Avenue is compatible and amending the Use Permit to allow this use, by the following roll call vote: AYES: Alne, Jones, Kearns, Gibbons, Lowe, Meyer-Kennedy NOES: None ABSENT: Lindstrom ABSTAIN: None REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following additions: · Introduced Ms. Marci Kimura, Campbell's newest Planning Intern and advised that Ms. Kimura would most likely be presenting a project to the Commission during her time with Campbell. · Brought to the attention of the Commission the letter fi.om Matthews Land Company which states that the GTE antennas at 700 W. Hamilton will be modified and reduced. · Highlighted two news articles on rents for roof space and graffiti. · Reminded the Commissioners of the Planners Institute in Monterey fi.om March 12t~ through March 14th. Commissioner Alne asked if the antennas will be smaller. Mr. Steve Piasecki replied that they would. Commissioner Alne asked when the project at 1180 W. Latimer will be forwarded back to SARC per Council action. Mr. Steve Piasecki answered that the applicant was currently working on his revisions. Planning Commission Minutes of March 11, 1997 Page 11 ADJOURNMENT The Planning Commission meeting adjourned at 9:10 p.m. to the next Planning Commission meeting of March 25, 1997, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: C~ Corinne A. Shinn, Recordi-ng Secretary APPROVED BY: ATTEST: teve-XlSlas~d~, Secretaw