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PC Min - 07/11/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JULY 11 , 2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of July 11,2006, 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: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Bob Alderete Michael Rocha Mark Ebner Tom Francois Elizabeth Gibbons Bob Roseberry Commissioners Absent: Commissioner: George Doorley Staff Present: Community Development Director: Senior Planner: Planner II: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind Stephanie Willsey William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission minutes of June 27, 2006, were approved as submitted. (6-0-1; Commissioner Doorley was absent) COMMUNICATIONS There were no communications. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of July 11, 2006 Page 2 ORAL REQUESTS There were no Oral Requests. *** PUBLIC HEARINGS Chair Alderete read Agenda Item No. 1 into the record as follows: Public Hearing to consider the application of Mr. Anthony Siri, on behalf of Sirious Baseball, for a Conditional Use Permit (PLN2006-62) to allow the establishment of a baseball training facility in an existing industrial building on property owned by Mr. Arthur Burton 599 E. McGlincy Lane 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, AICP, Planner /I Ms. Stephanie Willsey, Planner II, presented the staff report as follows: . Advised that the applicant is seeking approval for a baseball training facility that offers one-on-one training. . Explained that the facility will consist of two batting cages and one bullpen. . Said that the hours of operation would be 10 a.m. to 8 p.m. weekdays, 6 a.m. to 6 p.m. on Saturday and 10 a.m. to 5 p.m. on Sunday. . Added that a parking adjustment is required as the site provides 28 spaces were 39 are required resulting in a deficit of 11 spaces. . Informed that staff finds that this can be supported due to the low parking demand of the adjacent tenant and the fact that customers of this baseball training facility would be on an appointment basis. . Reported that SARC did not review this project. . Recommended that the Commission adopt a Resolution approving a Conditional Use Permit. 1. PLN2006-62 Siri,A. Commissioner Gibbons asked how the spaces are separated, saying that it appears that there are two separately divided parking areas. She asked if the existing industrial use on the property uses 28 spaces. Planner Stephanie Willsey replied that they use 22 spaces. Commissioner Gibbons asked why 39 spaces are required. In other words, what parking ratio is being used? Planner Stephanie Willsey replied one space for every 150 square feet results in a parking requirement of 28 spaces. Planning Commission Minutes of July 11, 2006 Page 3 Commissioner Gibbons pointed out that the health and fitness category encompasses a wide range of uses. Planner Stephanie Willsey agreed but said that it offered the best option for evaluating this use. She added that this site was previously used as a cheerleading facility. Commissioner Gibbons asked if it is intended that the spaces on the other side might serve as overflow parking for this tenant. Planner Stephanie Willsey replied yes. Commissioner Gibbons said that the only time this parking deficiency might become a problem is if the baseball training facility needs more than 17 spaces while the other uses on-site exceeds 11 spaces. Planner Stephanie Willsey said that the only way the City would become of problems with parking is upon complaint being received. Commissioner Rocha asked staff how fire passage works here. Planner Stephanie Willsey explained that she would have to defer this question to Fire as she is not well versed on the Fire Code. Commissioner Rocha said he has no issue with this concept of shared parking. However, if more intensive use in the right side tenants space, there might be parking problems in the future. Chair Alderete opened the Public Hearing for Agenda Item NO.1. Mr. Anthony Siri, Applicant and Business Owner, Sirious Baseball: . Stated that he is available for questions. Commissioner Ebner asked if one person is using the batting cage at any given time as well as the total number of people on site at any time. Mr. Anthony Siri replied that there is one instructor per cage and three people doing drills for a total six people at a time. Commissioner Ebner asked how many staff would be on hand. Mr. Anthony Siri replied two. Commissioner Ebner asked the average age of the clients. Mr. Anthony Siri explained that their clients are 90 percent Little League. Planning Commission Minutes of July 11, 2006 Page 4 Commissioner Ebner pointed out that this means that there is likely ride sharing going on. Mr. Anthony Siri said that lots of clients are dropped off. Chair Alderete asked Mr. Anthony Siri if any retail sales are anticipated. Mr. Anthony Siri replied not at the moment. Their emphasis is teaching kids. They have no space or manpower to handle retail sales. Chair Alderete closed the Public Hearing for Agenda Item No.1. Commissioner Gibbons asked if there is any way to limit occupancy. City Attorney William Seligmann replied yes, a condition could be attached to limit occupancy. However, enforcement becomes the issue. Commissioner Roseberry: · Said he had some concerns, some of which have been answered this evening. · Pointed out that with a previous review of a similar use there were concerns raised about having young people in an industrial setting. · Stated that in this situation, however, there will never be more than 20 people on site at a time and most of the kids will not be driving their own car. . Concluded that he would therefore support this application. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3736 approving a Conditional Use Permit (PLN2006- 62) to allow the establishment of a baseball training facility in an existing industrial building on property owned by Mr. Arthur Burton 599 E. McGlincy Lane, by the following roll call vote: AYES: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry NOES: None ABSENT: Doorley 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: Planning Commission Minutes of July 11, 2006 Page 5 2. PLN2006-54 O'Mara, D & Sand Hill Properties Co. Public Hearing to consider the application of Mr. David O'Mara and Sand Hill Properties Co. for a Sign Application (PLN2006-10) to approve a Master Sign Plan for a new retail building on property owned by Campbell Avenue Associates, LLC, located at 175-201 E. Campbell Avenue in the C-3-S (Central Business District) 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 Commissioner Gibbons advised that she must recuse herself from participation in this item due to an employment conflict. She left the dais and chambers for the duration of the hearing on Agenda Item NO.2. Director Sharon Fierro presented the staff report as follows: . Advised that a new mixed-use project is currently under construction known as the Campbell Avenue Master Development site. The project consists of retail on the ground floor with residential above. . Explained that this Sign Plan and Exception is for the retail component. The Sign Exception is for the number of signs proposed, which is more signs than ordinarily allowed. . Reported that the building is broken into several tenant spaces. . Said that this request is viewed as reasonable by staff; that required findings to support the Exception can be made; and that staff is recommending approval. . Informed that the applicant is available for questions this evening. Commissioner Rocha presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on June 2ih and was supportive with a reduction in sign area for the Type C signs from 16 square feet down to six square feet. . Added that SARC was satisfied with the concept of this applicant working with staff to achieve the proper reduction. Chair Alderete opened the Public Hearing for Agenda Item NO.2. Mr. Jeff Warmoth, Project Representative, Sand Hill Properties: . Said that he hasn't heard anything new from Dave yet. . Assured that they would stay within six square feet as suggested by SARC for the Type C signs. . Explained that the Master Sign Plan consists of three types of signs. The one he is most proud of is the projecting sign, located eight feet off the ground that will be visible from passing vehicles as well as pedestrians. Planning Commission Minutes of July 11, 2006 Page 6 . Announced that Aqui would be located on the Second Street side of the building. Two smaller interior tenant spaces are not yet leased but they are holding out for a true retailer tenant such as a clothing or specialty store. Additionally Quiznos and Gelatto Classico are signed as tenants. Commissioner Francois said that he shared Mr. Jeff Warmoth's enthusiasm for the projecting sign. He said that these signs add a lot of character to the Downtown. Thanked Mr. Warmoth for the good job on the Sign Plan. Commissioner Ebner said that he wanted to reinforce that enthusiasm expressed by Commissioner Francois on the issue of projecting signs. He said this type of sign is very fun and very European. It is a nice addition that he likes a lot. Commissioner Rocha said he supports the Sign Plan with the reduction of the one format to six square feet maximum. Chair Alderete suggested that the Commission consider adding a condition of approval that offers a reminder of the Sign Ordinance restrictions on the use of banner signs. Commissioner Ebner said that this is a good point. Chair Alderete closed the Public Hearing for Agenda Item NO.2. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3737 approving a Sign Application (PLN2006-10) for a Master Sign Plan and Sign Exception for a new retail building on property owned by Campbell Avenue Associates, LLC, located at 175-201 E. Campbell Avenue, with the added condition reiterating the requirement to comply with the Sign Ordinance's temporary banner sign regulations, by the following roll call vote: AYES: Alderete, Ebner, Francois, Rocha and Roseberry NOES: None ABSENT: Doorley ABSTAIN: Gibbons Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Commissioner Gibbons returned to the Chambers and dais following the conclusion of Public Hearing for Agenda Item NO.2. *** Planning Commission Minutes of July 11, 2006 Page 7 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 Council held a Study Session at which they considered the issue of proceeding with an Urgency Ordinance on the Inclusionary Housing Ordinance. Council decided against going that route but instructed staff to proceed expeditiously with the public hearing process on the Inclusionary Housing Ordinance. I . Reported that the public hearing on the Inclusionary Housing Ordinance would be held at the next regular meeting on July 25th. . Informed that Parks and Recreation Commission would be working on the Percolation Pond Improvement Plan beginning with a review of plans for the Hacienda/Winchester ponds. . Said that the Salmar Avenue project developer (20 townhome units proposed) is sponsoring a neighborhood meeting on Thursday, July 13th, at 7 p.m. in the Library's Community Room. Staff will be there for any potential questions but the developer will run this meeting providing information about their proposal. The meeting has been posted so any interested Commissioners can attend. . Suggested scheduling a Study Session on design review after the next regular meeting on July 25th. Commissioner Roseberry asked Director Sharon Fierro to explain further about Urgency Ordinances. Director Sharon Fierro: . Advised that State Law makes a provision to allow Urgency Ordinances that gives cities time out from a policy to allow the time to make a permanent change to said policy. . Added that an Urgency Ordinance requires a super majority (four of five Councilmembers) rather than a simply majority (three of five). . Said that the Inclusionary Housing Ordinance would become fully effective no sooner than November. Commissioner Gibbons reported that she had driven by the RV Cloud readerboard sign after 11 p.m. recently. It was still on and flashing. She said that she recalls that this sign was supposed to be more constrained. Director Sharon Fierro explained that a Notice of Violation has been issued. RV Cloud is requesting to modify the conditions and has applied for a Modification to the Sign Approval. That application for a Modification holds off any further enforcement steps until final action is taken. Commissioner Gibbons: . Announced that she was astonished by the traffic backup on Highway 17 including the off-ramp at Hamilton. She said that traffic was backed up all the way to 280 at about 6 p.m. today. Planning Commission Minutes of July 11, 2006 Page 8 . Asked staff when the application for the new use at the former Gaslighter Theatre would come before the Commission. Director Sharon Fierro advised that the application was received on Friday and is probably complete. It will go to SARA as soon as possible. Commissioner Gibbons announced that she has been appointed to the Library Needs Assessment Committee and offered to forward any feedback from the Commission members to that Committee. ADJOURNMENT The Planning Commission meeting adjourned at 8: 13 p.m. to the next Regular Planning Commission Meeting of July 25, SUBMITTED BY: orinne A. Shinn, Recording Secretary APPROVED BY: x~ ~ U~ Bob Aldere e, ctlair dr '7~ .~ aron Fierro, Secretary , ATTEST: