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PC Min - 04/25/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 25,2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 25, 2006, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair Rocha and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Vice Chair: Commissioner: Commissioner: Commissioner: Michael Rocha George Doorley Tom Francois Bob Roseberry Commissioners Absent: Chair: Commissioner: Commissioner: Bob Alderete Mark Ebner Elizabeth Gibbons Staff Present: Community Development Director: Senior Planner: Associate Planner: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind Tim J. Haley William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Doorley, the Planning Commission minutes of April 11, 2006, were approved as submitted. (4-0-3; Chair Alderete and Commissioners Ebner and Gibbons were absent) COMMUNICATIONS 1. Revised staff report for Agenda Item No.1. 2. Revised Conditions of Approval for Agenda Item NO.2. 3. Communication from Planning Commission Chair Alderete on Agenda Item NO.4. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of April 25, 2006 Page 2 ORAL REQUESTS There were no Oral Requests. *** PUBLIC HEARINGS Acting Chair Rocha read Agenda Item No. 1 into the record as follows: 1. CIP2006-2013 Staff Public Hearing to consider the City of Campbell's 2006-2013 Capital Improvement Plan for citywide projects. These projects are Categorically Exempt. Tentative City Council Meeting Date: May 16, 2006. Project Planner: Tim J. Haley, Associate Planner Associate Planner Tim J. Haley presented the staff report as follows: . Reported that the CIP for 2006-2013 must be reviewed by the Planning Commission for consistency with the City's General Plan and to make the environmental determinations on proposed projects. . Explained that projects contained within the CIP are those costing more than $25,000. . Pointed out that a revised staff report was distributed that added one project inadvertently left out of the list within the report itself. . Recommended that the Commission find this CIP to be consistent with the General Plan and find the projects contained to be Categorically Exempt under CEQA. . Clarified that the projects are minor and for the most part involve maintenance issues. Acting Chair Rocha opened the Public Hearing for Agenda Item NO.1. Acting Chair Rocha closed the Public Hearing for Agenda Item NO.1. Commissioner Roseberry asked staff the scope of work for the $1.5 million athletic field renovation at John D. Morgan Park. Planner Tim J. Haley said that this work would be done at both John D. Morgan Park and at the Community Center but that he is not sure about the total scope of work to be done. Commissioner Francois asked about the off ramp improvements at Highway 17 and Hamilton Avenue and whether the Bergman Group would be paying for these improvements as a condition of approval for the Kohl's site. Planner Tim J. Haley replied that the Kohl's project would be contributing a proportional share at approximately $275,000 for this work. Planning Commission Minutes of April 25, 2006 Page 3 Commissioner Francois asked the cost of play equipment proposed for Edith Morley Park. Director Sharon Fierro replied that in fiscal year 2008/09 $350,000 is allocated for this project. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3714 to make the finding that the City's 2006-2013 Capital Improvement Plan is consistent with the City's General plan and recommending that Council find the CIP projects to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Doorley, Francois, Rocha and Roseberry NOES: None ABSENT: Alderete, Ebner and Gibbons ABSTAIN: None Acting Chair Rocha advised that this item would be considered by Council for final action at its meeting of May 16, 2006. *** Acting Chair Rocha read Agenda Item NO.2 into the record as follows: 2. PLN2006-21 Sullivan, S. Public Hearing to consider the application of Ms. Susan Sullivan, on behalf of Carrows Restaurants, Inc., for a Conditional Use Permit (PLN2006-21) to allow expanded operational hours to 24-hour operation at an existing Carrows Restaurant on property owned by Shigeru & June Akiko Tachibana, Trustees, located at 150 E. Hamilton Avenue 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: . Reported that the applicant is seeking a Conditional Use Permit to allow 24-hour operations for an existing Carrows restaurant located at the corner of Hamilton Avenue and Third Street. · Explained that this restaurant has been here since 1986 with 24-hour operation. . Advised that in 2001 Council adopted an Ordinance requiring the issuance of a Conditional Use Permit for any business operating after 11 p.m. or before 6 a.m. Planning Commission Minutes of April 25, 2006 Page 4 · Informed that the City received a noise complaint in February 2006 and the City notified the business of the requirement for the Use Permit. The applicant subsequently came in to apply for a Use Permit. · Recommended approval of this Use Permit for 24-hour operation with the restriction of delivery hours and outside activities and a condition restricting parking in the nine parking spaces located along adjacent residential properties during late operational hours. · Pointed out that complaints can result in this use being referred back to the Commission for revised operational hours. Commissioner Francois asked how enforcement of the parking restrictions would be accomplished. Planner Tim J. Haley replied that in the event that there are complaints this use would subsequently be brought back before the Commission for re-consideration. Acting Chair Rocha asked how the applicant responded to the February complaint. Planner Tim J. Haley advised that the applicant was responsive. The complaints were based upon a maintenance issue, which was the cleaning of carpets in the late evening/early morning hours. Acting Chair Rocha opened the Public Hearing for Agenda Item NO.2. Brian & Amy Harper, 450 Esther Avenue, Campbell: Ms. Amy Harper: · Explained that the noise complaints include loud car stereos, parties in the parking lot and overall parking lot noise. · Added that there is dumpster pick up that can occur as early as 4 a.m. · Reported that these noise impacts are worse in summer. · Added that the restaurant also had late night construction during a recent remodel adding to noise impacts. Mr. Brian Harper said that the restaurant often uses a power washer late at night. Ms. Amy Harper said that carpet cleaning occurs all night and that there is a back door security alarm that buzzes each time that door opens. Mr. Brian Harper: · Said that when the late hour carpet cleaning occurred, they called Carrows first but the phone was not answered at the restaurant. Instead, he called the Police who advised him that they would not enforce noise issues for a restaurant with allowed 24 hour operations. · Stated that the Police Department told him to call Code Enforcement but Code Enforcement is not staffed at 4:30 a.m. Planning Commission Minutes of April 25, 2006 Page 5 . Stated that he is not opposed to this restaurant use. . Said that he has lived next door for 10 years. . Added that there have been complaints but not a lot of resolution during that time. Acting Chair Rocha said that it appears that a Code issue does not have the same weight as a criminal act as far as the Police Department is concerned. He agreed that Carrows can and should be responsive to what activities occur on site at what time. Commissioner Francois asked how carpet cleaning occurs. Is this happening in the parking lot itself at 2 a.m.? Ms. Amy Harper said that there is a carpet cleaning van parked in the parking lot with a noisy fan that runs within it during the carpet cleaning process. Commissioner Francois asked when and where jack-hammering occurred. Ms. Amy Harper replied that this occurred inside the building during the remodel. Acting Chair Rocha closed the Public Hearing for Agenda Item NO.2. Commissioner Francois asked staff for feedback on enforcement issues for issues raised by the Harpers. Director Sharon Fierro said that conditions can be imposed for commercial businesses adjacent to residential. Such conditions were imposed on Home Depot to deal with neighborhood noise complaints and these conditions were successful in dealing with the problem. She advised that the parking spaces closest to the residences could be required to be blocked off during late night operations. Acting Chair Rocha asked how this should be added and whether it might be more appropriate to wait until an applicant's representative is present. Director Sharon Fierro suggested continuing consideration of this request to the next meeting so that a representative can be present. Commissioner Doorley pointed out that the standard conditions allow the Community Development Director to reduce operational hours immediately upon complaint. Director Sharon Fierro added that the agreement with the Police Department is that they are expected to document incident reports for such issues to serve as evidence of a problem whenever a proposed use is considered and/or evaluated for conformance with imposed conditions. Chair Rocha said that it would have been nice to have an applicant present this evening. Planning Commission Minutes of April 25, 2006 Page 6 Commissioner Francois said that he was puzzled that they are not here tonight. He suggested adding a requirement to Condition 12 requiring a chain to block of certain parking spaces after hours. Director Sharon Fierro said that the Commission could either elect to take action this evening. If the applicant does not like the conditions imposed, they can appeal that action to Council. Acting Chair Rocha pointed out that Carrows has been in this community for 20 years and is one of the few late hour restaurants available. He supported giving them a chance to defend themselves before imposing conditions. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Doorley, the Planning Commission CONTINUED TO ITS NEXT MEETING ON MAY 9, 2006, the consideration of a Conditional Use Permit (PLN2006-21) to allow expanded operational hours to 24-hour operation at an existing Carrows Restaurant on property owned by Shigeru & June Akiko Tachibana, Trustees, located at 150 E. Hamilton Avenue. (4-0-3; Chair Alderete and Commissioners Ebner and Gibbons were absent) *** Acting Chair Rocha read Agenda Item No.3 into the record as follows: 3. PLN2006-12 Yang, H. Public Hearing to consider the application of Ms. Helen Yang, on behalf of Visionary Arts, for a Conditional Use Permit (PLN2006-12) to allow the establishment of a commercial art school in an existing tenant space at the Kirkwood Plaza Shopping Center on property owned by Kirkorian Properties located at 1600 W. Campbell Avenue in a C-1-S (Neighborhood 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: Stephanie Willsey, AICP, Planner /I Senior Planner Jackie C. Young Lind presented the staff report as follows: · Reported that the project site is located on the south side of W. Campbell Avenue, between Fulton and S. San Tomas Aquino Road, within the Kirkwood Plaza Shopping Center. · Explained that surrounding uses are commercial on three sides and multi-family residential to the south. Planning Commission Minutes of April 25, 2006 Page 7 . Stated that the applicant is seeking a Conditional Use Permit to allow the establishment of an art school that teaches drawing, painting, art appreciation and art history. . Said that the maximum student count at any given time would be 50. · Stated that operational hours are between 9 a.m. and 10 p.m., seven days a week. · Explained that a parking adjustment is required. The parking requirement would be 15 spaces per classroom. There is a 9 space shortage beyond the existing 59 space shortage on site for a total shortfall of 68 spaces. . Added that there have been no parking complaints. . Said that no exterior modifications are proposed. . Recommended approval of a Conditional Use Permit. Acting Chair Rocha expressed concern over having 50 young students in such a small tenant space of approximately 1,100 square feet. Additionally, this space is on the second floor with one exit. Planner Jackie C. Young Lind explained that there are different Building Code requirements and ratings for a structure that is accommodating a use that serves children. This building was constructed as an office rather than as a building that was intended to serve as a school. One of the imposed conditions limits the number of hours that persons under 18 can be in the building. Acting Chair Rocha: · Recommended that the approval of this Use Permit be based upon the term of the applicant's lease. · Added that he is generally concerned about grandfathered uses as they can often become a nuisance. . Explained that a Use Permit is tailored to a specific tenant space. . Pointed out that this space offers less than 23.2 square feet per student if there were to be 50 on site at any time, which is very tight. . Asked where the restroom facilities are to support this tenant space. Planner Jackie C. Young Lind replied that she is not sure where the supporting restroom facilities are located but the applicant could reply to that question. Acting Chair Rocha stressed the importance of fire safety in a space that will serve up to 50 students at a time. Planner Jackie C. Young Lind advised that both Fire and the Building Division have reviewed this proposal which resulted in the restriction in the number of hours that children may be on site. Acting Chair Rocha opened the Public Hearing for Agenda Item NO.3. Ms. Helen Yang, Applicant: Planning Commission Minutes of April 25, 2006 Page 8 · Said that she would like to clarify the number of students at one time. · Explained that typically the number of students would be between 10 and 20 at a time as they need sufficient space to draw and paint. · Added that the maximum allowed number of students was set at 50 upon consultation with Building, Fire and Planning staff. Therefore, 50 is the maximum number allowed in this tenant space but that number will probably never be reached. They would exceed 20 only if there is some open evening event. · Explained that they provide private lessons to high school students who are applying to art schools and/or colleges. Acting Chair Rocha asked Ms. Helen Yang if she could accept a maximum occupancy of less than 50. Ms. Helen Yang replied yes and reiterated that an open house event would be the only time that number might be on site. She reminded that 50 was established by the City as a maximum occupancy. Commissioner Francois said that he did not believe there is any reason to change the maximum occupancy established. Acting Chair Rocha closed the Public Hearing for Agenda Item No.3. Commissioner Doorley: · Explained that his only initial area of concern was the parking deficiency but that those concerns have been resolved through an understanding of the shared parking concept. · Said that while this is a well utilized parking lot, he has always found a parking space when he comes to this center. · Stated that this is a model center for the concept of shared parking. Acting Chair Rocha said that there are more parking problems at the west end of the center near the Starbucks. Acting Chair re-opened the Public Hearing for Agenda Item NO.3. Acting Chair Rocha asked Ms. Helen Yang if she accepts the suggestion to limit the term of her Use Permit to coincide with her term of lease. Commissioner Doorley suggested simply establishing a specific review period. Acting Chair Rocha agreed that review by the Community Development Director is an acceptable option. Mr. Mike Meyers asked what if the lease expires but is renewed. Planning Commission Minutes of April 25, 2006 Page 9 Commissioner Doorley suggested simply having a review at the termination of the lease. If there are no complaints, the Use Permit continues to be in effect. City Attorney William Seligmann said that a date could be set to review or simply expire or terminate the Use Permit approval. He said if the Use Permit terminates the applicant would have to reapply. If it is reviewed, the Use Permit would continue to be in effect unless there are violations. Mr. Mike Meyers said that the lease is for three years. Acting Chair Rocha suggested a three-year review be set. City Attorney William Seligmann sought clarification as to whether the review would be done by the Commission or at staff level. Acting Chair Rocha supported a staff review. Director Sharon Fierro added that if issues are raised upon review, the Use Permit could be brought before the Planning Commission at that time. Ms. Helen Yang asked about relocation to another tenant space in the same center. Would she have to reapply? Director Sharon Fierro replied yes. Acting Chair Rocha explained that a Use Permit is specific to each location. Planner Jackie C. Young Lind suggested that the appropriate review date would be three years from the date of this evening's approval or April 25, 2009. Director Sharon Fierro asked if it is the intent of the Commission to have this Use Permit reviewed every three years thereafter. Acting Chair Rocha replied yes. Commissioner Doorley said that he did not like imposing an on-going three year review period as it is not a fair condition in comparison to other Use Permits approved. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3715 granting a Conditional Use Permit (PLN2006- 12) to allow the establishment of a commercial art school in an existing tenant space at the Kirkwood Plaza Shopping Center on property owned by Kirkorian Properties located at 1600 w. Campbell Avenue, with a three-year review of this use to be Planning Commission Minutes of April 25, 2006 Page 10 conducted by staff by April 25, 2009, to verify compliance with Conditions of Approval, by the following roll call vote: AYES: Doorley, Francois, Rocha and Roseberry NOES: None ABSENT: Alderete, Ebner and Gibbons ABSTAIN: None Acting Chair Rocha advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Acting Chair Rocha read Agenda Item NO.4 into the record as follows: 4. Historic Design Guidelines Staff Review of Historic Design Guidelines. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative Council Meeting: May 16, 2006. Project Planner: Jackie C. Young Lind, Senior Planner Senior Planner Jackie C. Young Lind presented the staff report as follows: . Reported that draft Historic Design Guidelines have been prepared to serve as an aide to property owners who wish to alter their historic structures. . Explained that the guidelines outline the five major historic architectural styles and include illustrations that demonstrate each style's specific characteristics. . Assured that there are no new requirements or regulations being imposed as a result of these guidelines. . Advised that the draft Historic Design Guidelines were considered by SARC at a February meeting. The guidelines were well received with some questions raised including how many properties are impacted. . Added that the Planning Commission held a Study Session in February at which the guidelines were also well received and that generated specific comments and questions including how historic structures are reviewed and if a map of historic properties was available. . Explained that currently there is no map outlining historic properties in the City of Campbell but that a copy of the City's Historic Resource Inventory has been provided. . Stated that the City has one Historic District (Alice Avenue) with 38 of the City's 139 historic properties located in that District. There are 15 properties scattered throughout the City with a Historic Overlay. There are 19 properties with Historic Landmark designation. . Explained how CEQA relates to historic structures by explaining that it defines a significant impact as being a significant adverse change in a historic structure. . Provided an explanation of the impact of being a CLG (California Local Government) City on the City of Campbell. This provides specific requirements for dealing with historic structures, allows eligibility for some available State funding, and requires adherence to the Secretary of the Interior Standards. Planning Commission Minutes of April 25, 2006 Page 11 . Added that the majority of historic properties are located in the Downtown area. . Explained that in 1992 the California Environmental Quality Act (CEQA) added Historic Resources to the checklist. Historic properties in cities are regulated in a number of ways. Some cities, such as Campbell, rely on inventories. . Assured that the regulations in place today are the same since at least 1990 and are governed by Municipal Code Sections 21.41.020 p & q. . Said that the Historic Preservation Board reviews projects proposed for historic properties and forwards a recommendation to the appropriate approving body. Projects in the Historic District are forwarded to the Planning Commission if what is proposed has been found by the Community Development Director to be inconsistent with the architectural style. . Reported that the owners of the Courtyard in Downtown Campbell stopped by to discuss these guidelines. Additionally, she spoke with the owner of 142-144 N. Central, the Victorian located across the street from the Ainsley House, who had questions about these draft guidelines. . Reiterated that there are no new regulations being imposed here. The guidelines simply assist in compliance with existing regulations. The draft has been reviewed against the General Plan, Zoning and Municipal Codes as well as Council Policies. . Stressed the importance and value of historic structures to the City of Campbell. . Recommended that the Commission find the draft Historic Design Guidelines to be Categorically Exempt under CEQA and that the Commission adopt a Resolution recommending that Council adopt them. Acting Chair Rocha opened the Public Hearing for Agenda Item NO.4. Acting Chair Rocha closed the Public Hearing for Agenda Item NO.4. Commissioner Doorley said that his questions were answered at the Study Session and agreed that these Historic Design Guidelines would be most helpful to the Commission in the future as a means of communicating with property owners. Acting Chair Rocha: . Read from a letter forwarded by Planning Commission Chair Alderete on this issue in which he states his full support of the Historic Design Guidelines as a valuable resource and frame of reference so that applicants know what to expect. They will help facilitate communication and help to maintain the identity of these historic homes. Commissioner Francois stated his concurrence with the comments of Commissioner Doorley and the written statement from Chair Alderete. He said he strongly supports these guidelines and comments the Historic Preservation Board for their work. Commissioner Roseberry thanked the Historic Preservation Board for doing a great job on this draft. He said that it is a spectacular document. Acting Chair Rocha commended everyone involved. Planning Commission Minutes of April 25, 2006 Page 12 Motion: Upon motion of Commissioner Francois, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3716 recommending that Council adopt the draft Historic Design Guidelines, by the following roll call vote: AYES: Doorley, Francois, Rocha and Roseberry NOES: None ABSENT: Alderete, Ebner and Gibbons ABSTAIN: None Acting Chair Rocha advised that this item would be considered by Council for final action at its meeting of May 16, 2006. *** 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 there is one item on the next Planning Commission agenda. Senior Planner Jackie C. Young Lind announced a series of lectures being held in Redwood City. The next one, on sustainable modern architecture will be held on Wednesday, May 3, 2006, at 6 p.m. She encouraged attendance to anyone who might be interested. ADJOURNMENT The Planning Commission meeting adjourned at 8:42 p.m. to the next Regular Planning Commission Meeting of May 9, 2006. SUBMITTED BY: c~ Corinne A. Shinn, Recording Secretary APPROVED BY: j(;~~ ATTEST: /~y~ - Sharon Fierro, Secretary