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PC Min 03/14/1995CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MARCH 14, 1995 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of March 14, 1995, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairwoman Meyer-Kennedy, and the following proceedings were had, to wit: Commissioners Present: Chairwoman: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Jane Meyer-Kennedy Mel Lindstrom I. Alne Alana S. Higgins Susan A. Kearns Dennis Lowe Jay Perrine Commissioners Absent: None Staff Present: Community Development Director: Steve Piasecki Senior Planner: Darryl M. Jones Planner I: Gloria Sciara City Attorney: William Seligmann Reporting Secretary: Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Alne, seconded by Commissioner Lindstrom, the Planning Commission minutes of February 28, 1995, were unanimously approved (7-0). Plannin$ Commission Minutes of March 14, 1995 Pase 2 COMMUNICATIONS There were no communication items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REOUESTS There were no oral requests. PUBLIC HEARING Chairwoman Meyer-Kennedy read Agenda Item No. 1 into the record. 1. SA 95-06 Public Hearing to consider the application of Mr. Peter Meier, on behalf of JBC Realty, for approval of a Sign Application to allow a freeway-oriented sign for a retail center (Breuners site) located at 525 E. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. Ms. Gloria Sciara, Planner I, presented the staff report noting the following: · Applicant is seeking approval of a freeway-oriented sign with three tenant panels: Breuners, SportsMart and Office Depot, located 215 feet from the northerly property line and oriented away from the residential area. · Under the Sign Ordinance, freeway-oriented sign approvals require a recommendation from the Planning Commission and final approval from the City Council. One criteria includes the fact that the use of the site is not adequately advertised without freeway-oriented signage. · Based upon staff analysis, only Breuners warrants this freeway-oriented signage. Breuners has been dependant on a regional-wide client base since the early 1960s which relies on the freeway identification sign. The site has low visibility and identification is needed to allow customers to merge off the freeway. The other tenants have not demonstrated the same reliance on freeway signage. They have not relied on freeway identification for their other locations and have not demonstrated any hardship. There is sufficient visibility on Hamilton Avenue for the SportsMart and Office Depot which are less dependent on regional traffic and more dependant on local traffic. · Staff recommends a compromise which allows the freeway-oriented sign to identify either Breuners alone or the Breuners Center. Commissioner Lindstrom sought clarification as to the tenants for the site. Ms. Gloria $ciara replied that the proposed tenants include Breuners, Office Depot and SportsMart. Plannin~ Commission Minutes of March 14, 1995 Pa~e $ Commissioner Kearns presented the Site and Architectural Review Committee report as follows: · SARC was supportive of the Breuners sign only and not all three tenants. SARC found that the other two uses did not meet the criteria set forth in the Sign Ordinance as they are not dependant on freeway identification. Additionally SARC proposed a reduction in the size of the proposed sign. Chairwoman Meyer-Kennedy asked for clarification as to why one business being identified was acceptable and not all three. Additionally, she asked to be shown the specific site for the proposed freeway-oriented sign on the site plan. Ms. Gloria Sciara responded that the sign would be adjacent to the sound wall approximately 1,750 feet from Hamilton Avenue. Chairwoman Meyer-Kennedy asked if the sign would be as high as the Frys sign. Ms. Gloria Sciara replied that the proposed Breuners site sign would be five feet lower than the Frys sign. Commissioner Alne clarified his belief that while a case could be made for Breuners to require a freeway-oriented sign the same was not true for the other two tenants who generally rely on business from a small radius. Mr. Peter Meier, Director of Leasing, JBC Realty. · Breuners originally established as a destination retailer. · Stated that the Campbell project upgrade is similar to upgrades recently completed at other Breuners sites such as Serramonte Center. · Announced that the SportsMart being installed on this site will consist of 42,000 quare feet compared to most competitors who have spaces in the 15,000 square foot range. They are putting in a larger store to handle a larger territory. · Advised that prospective tenants are interested in this Campbell site due to its proximity to the freeway. · Stated that this site is considered a destination retail center. Commissioner Kearns inquired whether newspaper advertising would be utilized to market the businesses in this location. Mr. Peter Meier replied that it would be included. However he stated that the signage was vital for the tenants. Commissioner Alne stated that Mr. Meier had made a case for SportsMart but how about Office Depot. Planning Commission Minutes of March 14, 1995 Page 4 Mr. Peter Meier replied that Office Depot would have direct competitor nearby, Office Max. Office Depot will be occupying 30,000 square feet. In addition Mr. Meier stated that JBC Realty was attempting to obtain the maximum value from its real estate. He also offered that approximately one percent of retail sales goes to the City as tax revenue. Commissioner Alne asked Mr. Meier if the site was marketable because of its accessibility to the freeway. Mr. Peter Meier replied that this was the case. Mr. Vern Burgess, Otsen Signs. · Informed the Commission that they have reduced the sign considerably from 250 square feet to 168 square feet. · Proposed sign is smaller than the Frys sign, 38 feet compared to 45 feet tall. · Stated that the location is isolated and requires help to identify the site. Freeway sign creates an awareness of the business so that when a need arises a consumer is aware of this available location. · Sign will include 3-D channel letters which have an 800 foot readability. The letters light up but not the background. This decision, using channel letters, was done for aesthetics rather than readability as other formats have 1,000+ foot readability. Commissioner Lowe asked where the original freeway sign is located. Mr. Vern Burgess replied that the original sign is located closer to the building. Commissioner Lowe inquired whether the original sign would be removed. Mr. Vern Burgess replied that the old sign would be removed. Commissioner Alne asked why the sign was done in a letter style with less readability than possible. Mr. Vern Burgess replied that the decision was based on the looks of the sign. Commissioner Lowe stated that he saw three options for the Commission: 1. Accept staff recommendation. 2. Reject the application outright. 3. Accept applicant's request. Ms. Gloria $ciara replied that he was correct. However, the Commission would have to come up with findings to support the applicant's request if that was the direction their approval would take. Planning Commission Minutes of March 14, 1995 Page 5 Chairwoman Meyer-Kennedy expressed her concerns with freeway-oriented signs and her dislike of them altogether. Commissioner Alne added his opinion that he also had problems with this request and would support only a sign for Breuners or Breuners Center. He asked the rhetorical question, if there were ten tenants on the site, would there have to be ten tenant panels visible from the freeway? He compared the site to Valley Fair which does not have individual signs visible from the freeway but rather signage that says Valley Fair. Site may warrant a single freeway-oriented sign, one entity or the center as a whole. Commissioner Lowe stated that he was not partial to freeway signs either. However, the applicant has greatly reduced its freeway-oriented signage from 624 s.f. to 168 s.f. While he does not ordinarily like multiple listings, in this case, he recommends that the Commission make an exception and approve the applicant's submission. Commissioner Higgins added that she concurred with Commissioner Lowe and said that she had no problem with the sign. Commissioner Kearns stated that she is not partial to freeway-oriented signs, finding them cluttered. As far as she is aware, the Council is not fond of freeway- oriented signs either. She will not support a sign that identifies all three tenants. Commissioner Perrine added that he concurred with Commissioner Higgins in that he too could support this sign request. However, he wants to be sure that no trees are removed to make the sign visible. Commissioner Lindstrom stated that he felt a sign was needed and that the City should help to maximize the use of the site which would be good for the City. The applicant has done much to work with the City. He is concerned with listing all the tenants. It's never clear how long the tenants will be there. Found the design to be excellent. Suggested Breuners Center as a compromise and stated that he is not supportive of individually listing all tenants on site. Commissioner Higgins added that this site is not a shopping center like Valley Fair or the Gilroy Outlet. If a tenant leaves the site, any replacement signage would have to go through an approval process. Mr. Steve Piasecki, Community Development Director, agreed with Commissioner Higgins, stating that any changes would require Planning Commission review and recommendation. Planning Commission Minutes of March 14, 1995 Page 6 Commissioner Lowe asked if a permanent limit can be imposed as to the number of tenants named on this freeway sign. Mr. Steve Piasecki replied that this could be accomplished by specifying the approval in the resolution. Gave hotel signage as the cleanest example of freeway-oriented sign for a business that relies on traveling motorists. Commissioner Lowe stated that the tenants were spending a great deal to establish themselves at this location. It seems likely that they are there for the long term. The City should aid them in becoming successful but should also limit the number of panels to three. MOTION: On motion of Commissioner Perrine, seconded by Commissioner Kearns, the Planning Commission unanimously moved to close the Public Hearing. (7-0) Commissioner Perrine advised the Commissioners that their decision would simply be a recommendation to the City Council for final action. Commissioner Lowe asked why. Commissioner Perrine replied that Council reviews the recommendation and makes a final decision when signage is freeway-oriented. City Attorney William Seligmann reminded the Commission that it would need to modify the Findings of Fact to support its motion and recommended the following: Initial findings Finding No. 1 - Finding No. 2 - Finding No. 3 - Finding No. 4 - Finding No. 5 - Findings No. 6-12 - remains the same remains the same Breuners, Office Depot and SportsMart are a destination use which depends on freeway signage to provide identification of store location. strike out" ..... ~,,,~ remains the same strike Concluding findings Finding No. 1 - Finding No. 2 - Finding No. 3 - Finding No. 4 - Finding No. 5 - remains the same remains the same Existing and Proposed businesses on the site would create an undue hardship absent approval of freeway signage. Add an "s" to the word operation. strike Planning Commission Minutes of March 14, 1995 Page 7 MO~O~ On motion of Commissioner Lowe, seconded by Commissioner Higgins, the Planning Commission proposed forwarding to the City Council a recommendation of approval of the applicant's request for a freeway-oriented sign (Breuners site) to include three tenant panels, based on the proposed amended findings of fact, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Higgins, Lowe, Perrine Alne, Kearns, Lindstrom, Meyer-Kennedy, None None The motion failed. Chairwoman Meyer-Kennedy announced her intention to change her vote to approval simply to forward this item on to the City Council although she stated her dislike of all freeway-oriented signs. MOTION: On motion of Commissioner Alne, seconded by Commissioner Lindstrom, the Planning Commission proposed forwarding to the City Council a recommendation for approval of a single entity, freeway-oriented sign with staff's original findings of fact, via Resolution No. 2956, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Kearns, Lindstrom, Meyer-Kennedy Higgins, Lowe, Perrine None None This recommendation will be forwarded to City Council on April 4, 1995. Chairwoman Meyer-Kennedy read Agenda Item No. 2 into the record. 2. SA 95-O4 Hearing to consider the application of Mr. Gene Murphy, on behalf of Murphy's Tavern, for approval of a Sign Application to allow the modification of an existing non-conforming freestanding sign on property located at 2240 Winchester Boulevard in a C-2-S (General Commercial) Zoning District. Ms. Gloria Sciara, Planner I, presented the staff report as follows: Applicant is seeking retention of an existing freestanding sign which was recently altered without benefit of permits or approvals. · Since the sign has been altered, it is now considered a new sign. · Under the Sign Ordinance, the Planning Commission has the authority to grant sign exceptions. Planning Commission Minutes of March 14, 1995 Page 8 Criteria must be met which shows that the location is so located as to warrant such a large sign to identify the use. Staff does not find that this request meets the criteria since the site is clearly visible. In addition, the sign is not in scale with the building. As this is a corner property, two wall signs would be acceptable. Staff recommends denial of the request. Commissioner Kearns presented the Site and Architectural Review Committee report as follows: · SARC is not supportive of this request. It is out of scale for the building and there is no justification as required in the Sign Ordinance. Wall signs should be used in lieu of this freestanding sign. Mr. Gene Murphy, Owner, Murphy's Tavern. · Business is still not operating. He purchased the business in December 1994. It was formerly operated as Winchester Lounge and did not have a good reputation. In fact, it was a haven for drug dealers and prostitutes. · Stated that when he purchased the business he did not want to keep the bad reputation. Therefore, he completed changed the sign to clearly indicate a change in ownership. · Believes that this location will become a landmark site for Campbell. · As he reads the Sign Ordinance, he is allowed one wall sign and one freestanding sign. There is only a problem because he changed his sign that had been grandfathered into the Sign Ordinance. Mr. Barry Ware, Otsen Signs. · Stated that Murphy's Tavern is in a freestanding building located very close to the street. The building is different from surrounding buildings in that the parking is to the rear of the lot while the neighboring business have parking at the front. · The existing sign is large and easy to read. · Stated that the way the site is configured, a single face sign could not be read until passers by are directly parallel to it. · Seeking an exception. · The restaurant use depends on street traffic. Current sign gives passing traffic a change to decide whether to stop. · They can reduce the bulk of the sign by removing the top curvature, removing the small signs and taking out the webbing, leaving only the polls and the face. Commissioner Perrine asked if the sign could be redesigned to bring it down substantially for its 25 foot height. A 14 foot sign could be approved at staff level. Planning Commission Minutes of March 14, 1995 Page 9 Mr. Barry Ware replied that the roof height is 16 feet. Currently, the sign is but three feet higher than the roof. The cabinet could probably be brought down by approximately two feet. Commissioner Lindstrom asked why the sign was no longer considered grandfathered since only a copy change occurred. It has been in place for 25 years. Commissioner Perrine replied that when changes are made it is no longer grandfathered in. Commissioner Alne added that it would be 1999 before the Planning Commission would again meet in the week in which St. Patrick's Day occurs. Commissioner Lowe asked if the applicant had been aware that permits were required to change the sign. Mr. Barry Ware replied that someone else was working with Mr. Murphy at the time that the sign changes occurred. Commissioner Lindstrom advised that he had without being aware of its reputation of ill-repute. sign the name. visited Winchester Lounge Was the only change on the Chairwoman Meyer-Kennedy added that it does lose its grandfathered status once changed. City Attorney William Seligmann clarified that both the design and the color have been changed. If it was only the name and all other details remained the same it would not have lost its grandfather status. Mr. Steve Piasecki added that the sign must be a legally permitted sign if it is non- conforming. Commissioner Alne added that since no proof has been presented by staff that this sign is illegal, it must be assumed to be legal. MO~O~ On motion of Commissioner Perrine, seconded by Commissioner Higgins, the Planning Commission unanimously approved continuing this item to the meeting of May 9, 1995, to allow further revision in the design of the sign. (7-0) Planning Commission Minutes of March 14, 1995 Page 10 Chairwoman Meyer-Kennedy read Agenda Item No. 3 into the record. 3. Planning Commission Goals and Objectives for Fiscal Year 1995/96. Mr. Steve Piasecki, Community Development Director, presented the staff report as follows: Each year, all City Departments developed Goals and Objectives for the upcoming fiscal year. · Seeking Planning Commission input regarding priorities for the upcoming budget year. · Advised that the second Planner I position, recently vacated by Mark Rhoades, may not be refilled. · Suggested that the Commissioners make nominations of projects to add to the work program but cautioned against high maintenance projects. · These recommendations will be presented to the City Council during the joint session on Monday, March 27, 1995. · Also asked for any areas the Commissioners felt they would like additional information on from the Council. Commissioner Lowe suggested: GRAFFITI ABATEMENT Mr. Steve Piasecki responded that the City does have an abatement program conducted through the Police Department, a call in program. Commissioner Alne suggested: COMPUTERS or computerizing the activities of the Planning Commission so that past actions can be accessed during meetings. Specifically a database with available graphics. Chairwoman Meyer-Kennedy suggested: SIGN ORDINANCE. It seems that many sign applications seem to be on the fringe of the Sign Ordinance. Commissioner Lowe suggested: POPULATION DENSITY/HOUSING DENSITY. Too many townhomes in Campbell. Mentioned his surprise at the massive size of the Canyon Creek project. Chairwoman Meyer-Kennedy agreed that it is a massive project. Commissioner Alne asked if it was possible to maintain the population the size it currently is. Mr. Steve Piasecki replied that the General Plan is the controlling document for population control. Part of the reason for the approval of Canyon Creek was to provide support for the downtown light rail. It was a conscious decision. The General Plan will be updated sometime this year. Suggested that the Commission Planning Commission Minutes of March 14, 1995 Page 11 may want to obtain Council direction and/or input on this issue. Also advised that the Planning Commission has, in fact, approved many projects below the allowable density range allowable for the property on which the projects are being constructed. Commission Lowe suggested: SISTER CITY COOPERATION WITH LOS GATOS AND SAN JOSE. An example given was the recently approved low income housing project on the Campbell border which will impact local schools. Chairwoman Meyer-Kennedy added: TRAFFIC. Do we want people coming into downtown Campbell or going around? Has a problem with Hamilton traffic and stop signs on Campbell Avenue. Mr. Steve Piasecki advised that large retailers are desirable for the City as they generate tax revenue for the City however they are best located at the edges of town. More traffic is needed downtown in order for businesses to survive there. Actually, Campbell has a lot of regional traffic support via the two freeways and expressway which lead in, out and around Campbell. Commissioner Perrine asked if Planning works on traffic. Mr. Steve Piasecki responded that Planning works with Public Works on the Transportation Element of the General Plan. Strategy: If you build it, they will come. Commissioner Alne suggested: LEAF BLOWERS AND COMMERCIAL VEHICLES IN RESIDENTIAL AREAS. Commissioner Lindstrom brought up a concern regarding the center turn lane on Campbell Avenue between San Tomas Expressway and San Tomas Aquino Road and the fact that the center lane quits for approximately length of three streets. This is a dangerous situation. Mr. Steve Piasecki advised that the Traffic Engineer could address this concern. Commissioner Lowe asked if the City's RATIO OF LOW INCOME HOUSING met the State standard. Mr. Steve Piasecki replied that Campbell has a State-approved Housing Element (only 15% of the State's cities has this). The Housing Element is due for updating in 1997 with what he hopes are minor changes. Fifteen percent of a redevelopment area needs to be low-income housing. The San Tomas Gardens apartment complex, purchased together with Catholic Charities, gives Campbell a credit of 50 low-income housing units. Planning Commission Minutes of March 14, 1995 Page 12 Commissioner Higgins advised that the City should look into BELOW MARKET RATE (BMR) OWNERSHIP UNITS. Mr. Steve Piasecki replied that the City has not yet entered that market. Commissioner Higgins asked if it was possible in the future. Mr. Steve Piasecki replied that it was possible. Chairwoman Meyer-Kennedy suggested: PARKING ORDINANCE. Mr. Steve Piasecki agreed that parking needed to be studied. There are two main issues: the success of a center which makes parking inadequate and the geometry in parking lot design. Commissioner Alne asked why some centers have marked spots for some businesses, like dry cleaners or liquor stores, when the lot is supposed to be shared evenly by all tenants. Is this a violation? Mr. Steve Piasecki replied that the City does not control or monitor. Some tenants have high turn over rate and needs up close parking to accommodate quick trips into a business and quick exit. Commissioner Higgins brought up: FENCED OFF GAS STATION SITES. Mr. Steve Piasecki advised that lots of gas stations closed down because they were unable to meet today's environmental standards. This problem will go away within five years and the lots will be used. Commissioner Lowe mentioned: OPEN SPACE STANDARD. The City is park poor. Mr. Steve Piasecki advised that the City has an Open Space Element and a standard of four acres of park space for every thousand residents. Less than five years ago, a Park Impact Fee was established which equals $10,990 for every new single-family home. It is with these funds that the 4.1 acres at the San Tomas School Site are being purchased. Another potential idea is the development of percolation pond sites as outdoor areas. Meetings have been held with the Water District. Campbell also has three miles of the Los Gatos Creek Trail which are completely landscaped. Possible land in the future include Naylor Act purchases of land at the Mooreland and Coventry School sites. A number of strategies are in place. Planning Commission Minutes of March 14, 1995 Page 13 Commissioner Higgins recommended that Campbell consider a City Tax for sales of real property as a way to generate funds for park purchase. City Attorney William Seligmann advised that the City currently is collecting the maximum amount of transfer tax. While Charter Cities can impose any tax with a 2/3 voter approval, Campbell is a General Law City which is prohibited from adding additional taxes. Commissioner Higgins asked how a City becomes a Charter City. Is it out of the question for Campbell? City Attorney William Seligmann replied that it would have to go before the voters, starting with a petition. The City would organize a Charter Committee. Or the City could lobby State Legislators to eliminate the current prohibition precluding General Law cities from adding tax charges. Commissioner Alne asked why the difference exists. City Attorney William Seligmann replied that the State takes a more hands-off approach on Charter Cities, allowing more self-rule. FINAL RECOMMENDATIONS FOR GOALS & OBJECTIVES 2. 3. 4. 5. Consistent Street Standards Parking Standards/Design Sign Ordinance Commercial Vehicles in Residential Districts Computer Graphics/Data Base Training DISCUSSION ITEMS FOR STUDY SESSION WITH CITY COUNCIL 2. 3. 4. 5. 6. Residential Density Sign Ordinance (freeway/exceptions) Auto Related Uses San Tomas Guidelines (interpretation) Architectural Design Guidelines Community Image Commissioner Lindstrom asked why the Chair of the City Council opens and closes Public Hearings while the Planning Commission needs a motion and a second. City Attorney William Seligmann responded that both were acceptable methods and that it was up to the Chair to decide what format he or she prefers. Plannin~ Commission Minutes of March 14, 1995 Pa~e 14 Commissioner Perrine suggested that Graffiti Packets be obtained for all members of the Planning Commission for their information. REPORT OF THE COMMUNrrY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted with the following highlights: · Provided a copy of the recently updated Crime Report for the City of Campbell which shows changes in types of crime. DUI arrests are down sharply. AD!OURNMENT The Planning Commission meeting adjourned at 9:53 p.m., to the next Planning Commission meeting of March 28, 1995, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: ~ ,..~~ .~f~,~f/~Z.~,,f~~{~ ~C°rinne A' .ihinn' Rec°rding~.c~r _ iar. y' APPROVED BY: jan'e; l~leyer-Ken~e~, Chairwoman (-/ ATTEST: ~tev~ C~umty ~evelopment D~rector