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PC Min 06/10/2003CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JUNE 10, 2003 CiTY HALL COUNCIL CHAMBERS The Planning Commission meeting of June 10, 2003, was called to order at 7:00 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Hernandez and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Joseph D. Hemandez George Doorley Bob Alderete Elizabeth Gibbons Tom Francois Brad Jones Michael Rocha Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Planner I: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Geoff I. Bradley Stephanie Willsey Melinda Denis William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Francois, the Planning Commission minutes of May 27, 2003, were approved as submitted. (7-0) COMMUNICATIONS 1. Updated Conditions of Approval for Agenda Item No. 2. Planning Commission Minutes of June 10, 2003 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Director Sharon Fierro advised that Item No. 1 is recommended for continuance. ORAL REQUESTS There were no Oral Requests. PUBLIC HEARING Chair Hernandez read Agenda Item No. 1 into the record. PLN2002-146/ PLN2002-147/ PLN2003-42 Ring, P. (This item will be continued to the Planning Commission meeting of June 24, 2003.) Public Hearing to consider the application of Mr. Paul Ring, on behalf of Regis Homes of Northern California, Inc., for a Planned Development Permit (PLN2002-146) to allow the development of 24 residential condominium units, a Tentative Subdivision Map (PLN2002-147) and a Tree Removal Permit (PLN2003-42) to allow the removal of three protected trees on property owned by Water Tower I, LLC, located at 300 Orchard City Drive in a C/P- D (Condominium/Planned Development) Zoning District. Staff is recommending adoption of a Mitigated Negative Declaration for this project. Tentative City Council Meeting Date: July 1, 2003. Project Planner: Stephanie Willsey, Planner I. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Gibbons, the Planning Commission continued consideration of a Planned Development Permit (PLN2002-146), Tentative Subdivision Map (PLN2002-147) and Tree Removal Permit for property located at 300 Orchard City Drive to the Planning Commission meeting of June 24, 2003. (7-0) Chair Hernandez read Agenda Item No. 2 into the record. 2. PLN2003-56 Walker, R. Public Hearing to consider the application of Mr. Rick Walker, on behalf of MTS Incorporated, for a Conditional Use Permit (PLN2003-56) to allow late night operations for an existing music store (Tower Records) on property owned by Mr. Norman K. Husted located at 1900 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Stephanie Willsey, Planner I. Planning Commission Minutes of June 10, 2003 Page 3 Ms. Stephanie Willsey, Planner I, presented the staff report as follows: · Advised that the applicant is seeking a Conditional Use Permit to allow Tower Records to operate from 9 a.m. to midnight, 365 days a year. Reminded the Commission that in April 2001, Council adopted Ordinance 2002 that required the issuance of a Conditional Use Permit for all businesses operating after 11 p.m. or before 6 a.m. Those businesses considered "grandfathered" were also required to obtain such a permit with a two-year grace period provided. · Said that the parking required is 54 spaces and the parking provided is 58 places. Therefore parking is sufficient to serve the use. · Added that there are no exterior modifications proposed. · Said that revised Conditions of Approval include additional conditions to address site maintenance issues. · Recommended approval. Chair Hernandez opened the Public Heating for Agenda Item No. 2. Commissioner Jones asked if the neighbors were notified of this heating. Planner Stephanie Willsey replied yes. She added that the regular 300-foot notice was sent and that no letters were received. Several phone calls were received seeking additional information but no concerns were voiced. Commissioner Rocha asked about the start time of 6 a.m. depicted in the report since the applicant's proposed hours of operation begin at 9 a.m. Planner Stephanie Willsey advised that Commercial zoning permits hours between 6 a.m. and 11 p.m. by right. In this case, the applicant is seeking extension of hours to midnight. Commissioner Rocha asked if the applicant is anticipating opening at 6 a.m. Planner Stephanie Willsey replied no. Commissioner Jones remembered an application for a convenience market near residential and restrictions on hours of operation. Director Sharon Fierro clarified that any business in a Commercial zoning district can open at 6 a.m. Chair Hernandez asked if this is without a Conditional Use Permit. Director Sharon Fierro replied yes. Commissioner Alderete pointed out that a recent Use Permit application for the Gaslighter required the applicant to take responsibility for queues. Asked if lines for ticket sales have been an issue at this site. Planning Commission Minutes of June 10, 2003 Page 4 Director Sharon Fierro said that staff is unaware of ticket sale lines representing a problem at this location but if the Commission is aware of that fact, it could impose a condition on handling of queues. Commissioner Alderete said that it is pretty standard to have lines at a ticket venue. Senior Planner Geoff I. Bradley advised that there are fewer lines over the last four to five years with Intemet sales of tickets. Mr. Arless Zellers, Manager, Tower Records, 1901 S. Bascom Avenue, Campbell: · Advised that he has been the manager of this store for the last one and a half years and lives directly across the street. · Said that they highly discourage lines and have a lottery system when there are more than 10 people waiting in line to buy tickets. · Stated that restrictions on queues would not be a problem. Chair Hernandez asked Mr. Zellers if he would object to the imposition of conditions on the subject of queues that might develop for ticket sales Mr. Arless Zellers said that he would support conditions, as they do not want to have people camping out in front of their store. Chair Hernandez closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3500 approving a Conditional Use Permit (PLN2003-56) to allow late night operations for an existing music store (Tower Records) on property located at 1900 S. Bascom Avenue, with the additional Condition of Approval that states that "Any queuing over I0 people will be accommodated within the building and not outside the building. In the event complaints are received by the City regarding queues, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review," and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: None ABSTAIN: None Chair Hernandez read Agenda Item No. 3 into the record. Planning Commission Minutes of June 10, 2003 Page 5 3. PLN2003-62 Smith, R. Public Hearing to consider the application of Mr. Russ Smith for a Conditional Use Permit (PLN2003-62) to allow the establishment of a 900 square foot smoothie caf6 in an existing building on property owned by A/H Hicks 2003 Trust located at 621 E. Campbell Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Darcy Smith, Planner II. Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Advised that the subject site is located in the Greylands Office Complex located on Campbell Avenue across the street from Campbell Park. The complex is a mixture of medical and dental offices with a small pharmacy and was constructed in 1964. · Stated that this use is consistent with General Plan policies that encourage retail along Campbell Avenue. The zoning is Planned Development and this use requires a Use Permit. · Said that the site layout orients to a parking lot and that the applicant will add a door onto Campbell Avenue to create a convenient layout for the business and its customers. · Said that the site provides 131 parking spaces with 106 required, although some are located across the street on Poplar Avenue. · Said that SARC reviewed this proposal on May 27th. Commissioner Doorley presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on May 27th and was supportive with the added screening of air conditioning equipment and additional exhibits on proposed signage. Chair Hernandez opened the Public Hearing for Agenda Item No. 3. Mr. Russ Smith, Applicant: · Thanked the Commission for the opportunity to speak. · Said he is the founder and owner of Smoothie Caf6, which will be certified as 100 percent organic. · Said his business will benefit the City of Campbell, will serve the users of Campbell Park across the street and will add to the reputation and spirit of Campbell. · Advised that his brother owns Andy's BBQ but he is more health conscious. · Stated that he has plans to expand with his landlord and wants to franchise in the future. · Said that he sees incredible potential not yet tapped into. · Informed that he has owned his own high-rise window cleaning business for 10 years, which he sold in 2001. · Said that he is glad to have found the right location and plans to improve the outdoor ambiance with outdoor seating. · Stated that he is willing to do what is necessary to make this success happen and grow. · Thanked the Commission for their time. Commissioner Rocha asked if there would be handicapped access to the bathroom. Planning Commission Minutes of June 10, 2003 Page 6 Mr. Russ Smith replied yes. Added that he would also be able to accommodate a handicapped employee. Assured that he would comply with all laws and regulations. Chair Hemandez closed the Public Hearing for Agenda Item No. 3. Commissioner Alderete asked about the parking area on Poplar and said that they are unimproved lots with a semi being parked on it. Additionally, landscaping is not being properly maintained. Asked if clean up of these conditions could be conditioned. Commissioner Doorley asked if the applicant or property owner would be responsible. Commissioner Alderete replied that he is not concerned who pays for the clean up but just that this application offers an opportunity to take care of lose ends. City Attorney William Seligmann clarified that all conditions are binding on the owner of the property. Commissioner Doorley suggested that this application could be an incentive for the property owner to correct the issues on the parking area on Poplar. Director Sharon Fierro advised that staff can contact the owner regarding the trucks being stored on the property and that landscaping requirements can be added to this condition. Chair Hernandez asked if the parking off Poplar is factored in to this application. Senior Planner Geoff I. Bradley replied yes. Director Sharon Fierro said that violations of the Municipal Code could be addressed immediately. Commissioner Francois asked if it is unfair to put that burden on the property owner. Commissioner Gibbons said that the Commission has put Conditions of Approval on property owners, most commonly landscaping. An example is the Party America building on Hamilton Avenue. Reminded that these existing conditions represent Code violations. Director Sharon Fierro replied correct. Said that landscaping is required to be maintained and that no storage of trucks can occur on areas designated for parking for the site. Commissioner Gibbons said that she is comfortable with the distinction of when conditions are imposed. Commissioner Rocha asked about potential traffic impacts. Director Sharon Fierro said that that the applicant anticipates pedestrian traffic from Campbell Park. Planning Commission Minutes of June 10, 2003 Page 7 Commissioner Jones said that this will be a fine addition there and this business will provide a good service to those using the Park and to the community. Chair Hemandez agreed and said that he has long thought that such a business is needed near the Park. Commissioner Francois said that he respects the applicant's passion for his business and wishes him the best of luck. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3501 approving a Conditional Use Permit (PLN2003-62) to allow the establishment of a 900 square foot smoothie caf6 in an existing building owned by A/H Hicks 2003 Trust located at 621 E. Campbell Avenue and found the project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: None ABSTAIN: None Chair Hemandez reminded that this action is final in 10 calendar days unless appealed in writing to the City Clerk. Chair Hemandez read Agenda Item No. 4 into the record. 4. PLN2003-60 Zimbrick, D. Public Hearing to consider the application of Ms. Daija Zimbrick, on behalf of Global International, Inc., for a Conditional Use Permit (PLN2003-60) to allow the establishment of a commercial travel school in an existing commercial building owned by Equity Office located at 1901 S. Bascom Avenue in a C-2-S-O (General Commercial/Overlay) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Melinda Denis, Planner I Ms. Melinda Denis, Planner I, presented the staff report as follows: · Advised that the applicant is seeking a Conditional Use Permit to allow a commercial travel school within an existing travel agency. · Described the site as being the fifth floor of Tower I at the Pruneyard at Campbell and Bascom Avenues. The site consists of three office buildings, a parking garage and a retail/hotel complex. There are no exterior alterations proposed. The applicant will use 410 square feet of the 5th floor, operating from 9 a.m. to 5:30 p.m., Monday through Friday. There will be two trainers and up to 12 clients. Planning Commission Minutes of June 10, 2003 Page 8 · Stated that the General Plan designation is General Commercial and the Zoning is C-2-S-O (General Commercial). This proposed use is consistent with issuance of a Conditional Use Permit. · Said that this use will not have an impact on parking, as one space is required for every 225 square feet. Since this use includes just 410 square feet, the parking required to serve it is less than two spaces. Therefore, no additional parking is required. Chair Hemandez opened the Public Hearing for Agenda Item No. 4. Chair Hemandez closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3502 approving a Conditional Use Permit (PLN2003-60) to allow the establishment of a commercial travel school in an existing commercial building owned by Equity Office located at 1901 S. Bascom Avenue and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Rocha NOES: None ABSENT: None ABSTAIN: None Chair Hernandez reminded that this action is final in 10 calendar 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 following additions: · Advised that the City Council approved the Hotel Project at 690-700 E. Campbell Avenue and adopted the FY2003/2004 Operational and Capital Budget. · Stated that there would be three items on the next agenda. ADJOURNMENT The Planning Commission meeting adjourned at 8:17 p.m. to the next Regular Public Hearing on June 24, 2003, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. Planning Commission Minutes of June 10, 2003 Page 9 SUBMITTED BY: APPROVED BY: ATTEST: o~ne A Sh~nn, Recording Secretary