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PC Min - 03/28/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MARCH 28, 2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of March 28, 2006, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Alderete and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Commissioner: Commissioner: Commissioner: Commissioner: Bob Alderete George Doorley Mark Ebner Elizabeth Gibbons Bob Roseberry Commissioners Absent: Vice Chair: Commissioner: Michael Rocha Tom Francois Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner II: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind Tim J. Haley Stephanie Willsey William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Roseberry, seconded by Commissioner Gibbons, the Planning Commission minutes of March 14, 2006, were approved as submitted. (5-0-2; Commissioners Francois and Rocha were absent) COMMUNICATIONS 1. Color elevation for Agenda Item NO.1. 2. Revised findings and conditions for Agenda Item NO.1. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of March 28, 2006 Page 2 ORAL REQUESTS There were no Oral Requests. PUBLIC HEARINGS *** Chair Alderete read Agenda Item No. 1 into the record as follows: 1. PLN2005-164 Dariani, R. Continued Public Hearing (from the Planning Commission meeting of February 28, 2006) to consider the application of Mr. Ramin Dariani, on behalf of Sunnyoaks Valero, for a Conditional Use Permit (PLN2005-164) for the remodel of an existing service station to accommodate a mini-market, new service island, a car wash and a storage/office area on property owned by Dariani Enterprises located at 2855 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tim J. Haley, Associate Planner Associate Planner Tim J. Haley, presented the staff report as follows: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow the remodel of an existing service station at the corner of Sunnyoaks and Winchester Boulevard. This will include a new car wash, convenience market, remodel of the island and dispensers . Explained that the storage tanks had previously been updated. . Reminded that this project was continued for the Planning Commission of February 28th to allow further work on four items including wider planter areas, reduction in the island canopy area, a revised color scheme and wider driveway aisles. · Reported that revised plans were brought to SARC on March 14th. · Said that the existing building would be reconstructed in its current location in a two-story format. The project complies with a C-2-S (General Commercial) Zoning both in use and development standards. · Recommended approval with the revised findings and conditions that include a change of delivery hours for fuel trucks, the use of a green roof instead of dark grey. . Reported that SARC reviewed this project and will report. Commissioner Roseberry presented the Site and Architectural Review Committee report as follows: · Reminded that SARC reviewed this project at two meetings, February 14th and March 14th. Planning Commission Minutes of March 28, 2006 Page 3 . Said that SARC had concerns including the amount of landscaping proposed and the size of the covered fueling area. . Added that SARC was generally supportive and changes added to the project included a walking path between the convenience store and trash enclosure, use of decorative paving and restricting the delivery hours for tankers. Commissioner Gibbons asked for further information about the restriction of tank delivery hours. Planner Tim J. Haley advised that the station is open until 12 midnight. Commissioner Gibbons asked how noisy the fuel delivery process is. Planner Tim J. Haley replied that once the truck pulls in he does not believe that the fueling operation is noisy. He added that the restriction on delivery hours is to avoid conflicting with the busier operational hours. Chair Alderete opened the Public Hearing for Agenda Item NO.1. Mr. Ramin Dariani, Applicant and Property Owner, Sunnyoaks Valero, introduced himself. Chair Alderete asked Mr. Ramin Dariani about the car wash noise and proposed operational hours for the car wash. It appears Mr. Dariani is looking for a start time of 6 a.m. for this car wash. Mr. Ramin Dariani said that he expects the car wash use to typically begin between 8 a.m. and 9 a.m. but that he wants the option to operate the car wash at 6 a.m. when the convenience store opens. Chair Alderete asked about the potential for noise with fuel delivery. Mr. Ramin Dariani explained that there is a fire wall and a five-foot setback from that wall separating his site from. He assured that there would be no noise impacts directed to the residential neighborhoods and only towards Sunnyoaks but overall there should not be too much of an impact. Commissioner Ebner asked how tankers enter the site. Mr. Ramin Dariani replied that these trucks can take access either from Sunnyoaks or Winchester. Therefore, there are two ways on and off the site. Commissioner Roseberry asked if the color proposed is teal or green. Mr. Ramin Dariani replied that the teal is used only for the signs. The rest is dark green as depicted on the color rendering. Planning Commission Minutes of March 28, 2006 Page 4 Commissioner Gibbons pointed out the note on the plans calling for an approximate 14 foot tall canopy to be determined and suggested that this be clarified. Planner Tim J. Haley said that the Fire Department minimum standard is 13.5 feet. The plan could indicate a maximum 14 foot height. Commissioner Gibbons said that she does not want to leave this issue open ended. Commissioner Doorley asked about the signs proposed. Mr. Ramin Dariani said that there are no building signs planned, just the V on the canopy and the monument sign. Commissioner Gibbons asked for clarification that no signs are being approved tonight. Director Sharon Fierro replied no. Signs would be approved at staff level if consistent with the provisions of the Sign Ordinance. Chair Alderete told Mr. Ramin Dariani that this is a great looking project. He noted the price depicted on the rendering at $1.29. Chair Alderete closed the Public Hearing for Agenda Item No.1. Commissioner Ebner: . Suggested that 8 a.m. would be a preferable starting time for the car wash rather than the proposed 6 a.m. due to concerns that noise of operation of the blowers could carry. The rest of the uses could begin at 6 a.m. . Added that everything else looks good. Commissioner Doorley: . Said that he is not inclined to change the hours of operation for the car wash. . Pointed out that this site is on Winchester Boulevard with no adjacent residences. · Stated that some customers may want to wash their car on their way to work. . Added that the potential for noise is not great. Commissioner Gibbons: . Reminded that operational hours would be to midnight daily. . Said that she is supportive of the hours as proposed. . Pointed out that Condition of Approval 13-C, which covers noise management, allows the Community Development Director to immediately modify hours of operation upon substantiated complaint. Commissioner Roseberry: · Said he wanted to go on record as agreeing with Commissioner Doorley. Planning Commission Minutes of March 28, 2006 Page 5 . Reminded that this location is on Winchester Boulevard. . Explained that he is an early bird himself. . Said he is supportive of the application as it stands. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3711 granting a Conditional Use Permit (PLN2005- 164) for the remodel of an existing service station to accommodate a mini-market, new service island, a car wash and a storage/office area on property owned by Dariani Enterprises located at 2855 S. Winchester Boulevard, with the revised findings and conditions, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gibbons and Roseberry NOES: None ABSENT: Francois and Rocha ABSTAIN: None Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Alderete read Agenda Item NO.2 into the record as follows: 2. PLN2005-139 Zelina, B. Public Hearing to consider the application of Mr. Bill Zelina, on behalf of South Bay Elite, Inc., for a Conditional Use Permit (PLN2005-139) to allow the establishment of a health/fitness center for a cheerleading gym in an existing industrial building on property owned by the Kovac Family Trust located at 1077 Dell Avenue in an M-1-S (Light Industrial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephanie Willsey, Planner /I Planner II Stephanie Willsey presented the staff report as follows: · Advised that the project site is located on the west side of Dell Avenue, between E. Hacienda and E. Sunnyoaks Avenues. The site consists of two industrial buildings originally serving as warehouses. The front building houses three uses and the rear building houses an auto repair. · Explained that this Use Permit application seeks to legalize an already established cheerleading facility that offers training. The facility serves 100 members that take classes between Monday and Saturday. Class size is 30 students. · Reported that the adjacent car care business has chemicals and substances that are not compatible with a business serving children. That business had submitted Planning Commission Minutes of March 28, 2006 Page 6 a Hazardous Materials Management Plan and has a use that is best suited for an industrial zone. . Advised that there are 97 parking spaces serving this property. The requirement for parking is 145 spaces, which leads to a deficiency of 48. · Added that this proposed use requires 65 spaces or 67 percent of the available parking spaces while they occupy just 28 percent of the site building area. This results in a disproportionate share of spaces. · Stated that some of the spaces on site are currently used to store trailers, inoperable vehicles and canopies. · Recommended denial of the Conditional Use Permit based upon parking deficiency and proximity to hazardous materials. Commissioner Doorley asked if this applicant is simply attempting to expand his primary business. Planner Stephanie Willsey replied that this applicant is seeking to establish a use that is already in place without benefit of the required Use Permit. Commissioner Doorley asked if this application has been before the Commission previously. Planner Stephanie Willsey replied that the previous application was both a different owner and location. Commissioner Gibbons asked for verification that this applicant contacted the City and got the information on requirements to establish their use but subsequently they established without first obtaining the required Use Permit. Planner Stephanie Willsey replied correct. Chair Alderete said that he went to the site and found that there are two addresses assigned, one for each building, of 1077 and 1111 Dell Avenue. He added that there is just one driveway for all tenant spaces on this property. Planner Stephanie Willsey replied correct. Chair Alderete recapped the staff site visit on March 2nd whereby 25 percent of the parking spaces were being used for things other than parking. This included trailers, inoperable vehicles, junk, car canopies, car parts and trash receptacles. Is this part of the argument against allowing this use? Planner Stephanie Willsey replied correct. Chair Alderete opened the Public Hearing for Agenda Item No.2. Planning Commission Minutes of March 28, 2006 Page 7 Mr. Bill Zelina, Applicant and Owner of South Bay Elite: · Said that South Bay Elite represents the Bay Area's most popular amateur sport program. · Stated that this is something that the City of Campbell can be proud of. · Added that one of their alumni is currently a member of the world-renown Dallas Cowboy Cheerleaders. · Said that they form teams that compete around the country. · Assured that he has a great rapport with his surrounding neighbors and over the last three years there have been no parking problems. · Pointed out that his hours of operation are later than the hours of the other uses. · Said he did an analysis of the parking on site yesterday. At 10 a.m. there were 15 spaces available. At 12:30 p.m. there were 21 spaces. At 4 p.m. there were 25 and at 6 p.m. there were 31. · Added that there have been no complaints from his neighbors over Elite's use of parking. · Reminded that theirs is a very special niche sports program with only 100 members. · Explained that he moved into this area because he needed a large open space with high ceilings at a reasonable price. This space has a 3,000 square foot office space, which is much larger than he needs for office space. This extra large office area makes it appear on paper as if there is a parking problem but people will always find available parking. · Said that the issue being raised is the Car Care business and its chemicals. · Advised that Car Care is located 235 feet away from his business space. · Added that the spray booth used by Car Care is a highly regulated and controlled environment. · Said that they have never had an issue with odor, irritated eyes or difficulty breathing due to the Car Care operation. · Said that the parking most near his space is what is used by his clients. · Explained that the first class of the evening is at 5 p.m. and consists of the junior team. These students are high school freshmen who do not drive themselves but rather are dropped off. The senior team starts at 7 p.m. Some but not all drive themselves. · Suggested that if his business had similar operation and hours as the others on site there might be more conflict with parking. · Stated that most of the chemicals listed on the Hazardous Materials Management Plan are the same that are commonly used in most households. These chemicals are within a controlled area. · Asked the Commission to grant their Use Permit as Elite is a positive force for the City of Campbell. · Explained that they have 11 months left on their lease and they want to continue use until that time at least. · Assured that he is looking at alternate locations in the Dell and Hacienda area. Planning Commission Minutes of March 28, 2006 Page 8 Commissioner Roseberry asked for class hours in addition to the 5 and 7 p.m. classes mentioned. Mr. Bill Zelina: . Said that the primary teams start at 5 p.m. Some come before at between 3 and 3:30 p.m. but not every day and not all year long. Classes run between 2 and 2.5 hours. Teams run between 27 and 30 persons. Commissioner Roseberry asked the age range of the students. Mr. Bill Zelina replied between 5 and 33 years. Commissioner Doorley asked Mr. Bill Zelina why he began operation without the necessary permits. Mr. Bill Zelina: . Said that they went through the process before opening and learned of the parking issue. . Said that he saw West Valley Gymnastics nearby and thought that his use was similar but smaller to that one. . Assured that it was never his intent to not go through the process and that he didn't realize that parking was such a major issue. Commissioner Doorley said that this oversight in required permits did not go on just for days but it has been years since this business was established. He added that Mr. Bill Zelina's explanation is not looking especially credible. Mr. Bill Zelina: . Equated his situation to that of Governor Schwarzenegger who drove motorcycles for years without the proper licensing. . Pointed out that there is a big cost involved in the Use Permit process. He added that it actually went up by $1,000 since he began. . Said that this issue simply fell through the cracks and before he knew it time had passed. Commissioner Gibbons asked how many of the 100 students were on site at any given time. Mr. Bill Zelina replied 20 students at 3 p.m. and 30 students between 5 and 7 p.m. Commissioner Gibbons asked if there are competitions or meets held on site. Mr. Bill Zelina replied no. They are held elsewhere and not within a gym. Ms. Irma Zelina: Planning Commission Minutes of March 28, 2006 Page 9 . Explained that this space has originally leased to her janitorial service and mainly involved office work at the beginning. . Said that they saw West Valley Gymnastics operate safely. . Assured that they operate a safe gym utilizing mats and teaching techniques. . Said that such facilities are relatively new in Northern California but more established in Southern California. Chair Alderete closed the Public Hearing for Agenda Item NO.2. Commissioner Roseberry: . Said that there is no question that this is a good business that is good for Campbell. It is an asset. . Stated that he cannot get over the safety issue. · Pointed out that parking requirements are in place for a reason and that includes safety. · Said that he wants to separate the problems of the neighbors, which includes use of the parking area for storage, with the problems of this business. · Said that this location is under parked which can create a safety issue for young kids. · Agreed that use of paint is well regulated. However, chemicals are dangerous when they are in quantities that have to be regulated. The concern is not when things go well but rather when there is an accident. This could potentially be serious. If that were to involve young students that would be a real problem. · Said that he likes having this business in Campbell but not near the uses already on this property. Instead it should be located in an area that is more friendly to this use. . Said that he would deny for this reason. Commissioner Ebner: . Said that he is torn with this matter as he wants to have small youth-oriented businesses in Campbell. · Stated that there have been nice accomplishments by these students and he would hate to see them leave Campbell. · Expressed his concern over the toxics stored nearby. · Questioned the timing in this business obtaining the required Use Permit. · Asked staff if the neighboring business had ever been cited over chemical management. Planner Stephanie Willsey replied not that she is aware. Commissioner Ebner: . Said that this location is not the greatest choice for this facility. · Stated that he is concerned if a problem erupted with chemicals in the area and no good reaction time were available. · Pointed out that there is only one entrance and exit driveway. Planning Commission Minutes of March 28, 2006 Page 10 · Reiterated that he would love Elite to stay in Campbell as it is a great program for kids but this is a horrible location. . Said he doesn't have the answer but he has concern about the safety of kids. Commissioner Gibbons: · Said that everyone can take pride in the quality of business generated and contributions to the community. . Said that safety and parking issues are an appropriate consideration. . Stated that she is trying to find reasons to get out of this but that Use Permits run with the property and not a specific business owner. . Added that if this use is allowed, the City does not know what might happen with the next user. Commissioner Doorley: . Stated that of least concern to him is the parking since there appears to be staggered use. · Said that the chemical exposure and lack of a building permit are significant concerns. · Expressed concern over the cavalier attitude of the applicant regarding exposure to chemicals and permit requirements. · Advised that he would not be supporting this application and would deny this Use Permit. Chair Alderete: · Pointed out that there are so many issues including parking, activities on the lot and materials stored nearby. · Added that on the plus side, this is a good business for children and is wonderful to have in Campbell. · Said that he hopes that Elite does relocate within Campbell as it is a plus for the City. · Agreed that parking spaces are not as much an issue due to the low overlap in operational hours. · Said that he conducted site visits and that old practices die hard. The conditions on this property will not change. · Stated that accidents are a possibility including cars on jacks which are of concern. · Said that he noticed a semi-trailer parked along the north side of the building today with a number of pallets stacked there. · Said having all uses on site share one driveway access is of concern. · Stated that chemicals are an issue of potential accidents rather than standard operations. · Said that it is a shame that there will be lots of disappointed kids if this Use Permit is denied but that a safe haven and responsible environment are important. · Said that a different location is called for. · Added that while this is a shame, the responsibility lies with the applicant who waited a long time to apply for a permit. Planning Commission Minutes of March 28, 2006 Page 11 · Advised that he too would support denial of this Use Permit. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3712 DENYING a Conditional Use Permit (PLN2005- 139) to allow the establishment of a health/fitness center for a cheerleading gym in an existing industrial building on property owned by the Kovac Family Trust located at 1077 Dell Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gibbons and Roseberry NOES: None ABSENT: Francois and Rocha ABSTAIN: None Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Reported that Council adopted the Statement of Values at its last meeting. A ceremonial signing will occur on a date to be announced. · Advised that the Economic Development Plan was reviewed and that an Economic Development Team would be established to help evaluate the highest and best use of properties within Campbell. She added that the Community Development Department already plays a strong role. · Informed that there is one item on the next Planning Commission agenda. · Pointed out that a copy of the letter sent by Mayor Watson regarding the CDBG program was provided at the request made by Commissioner Gibbons at the last meeting. Chair Alderete thanked staff for providing materials early for this evening's Study Session and said he would appreciate the same for the next Study Session. ADJOURNMENT The Planning Commission meeting adjourned at 8:40 p.m. to a Study Session immediately following and subsequently to the next Regular Planning Commission Meeting of April 11 , 2006. Planning Commission Minutes of March 28, 2006 Page 12 SUBMITTED BY: APPROVED BY: ATTEST: r~ Corinne A. Shinn, Recording Secretary ~,^LCc Bob Alderete, Chair A~~ ./ Sharon Fierro, Secretary