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PC Min - 08/08/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY AUGUST 8, 2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of August 8, 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: Commissioner: Bob Alderete Michael Rocha George Doorley Mark Ebner Tom Francois Elizabeth Gibbons Bob Roseberry Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner II: Planning Intern: Recording Secretary: Sharon Fierro Jackie C. Young Lind Tim J. Haley Stephanie Willsey Jennifer Gau Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Rocha, seconded by Commissioner Francois, the Planning Commission minutes of July 25, 2006, were approved as submitted. (5-0-0-2; Commissioners Doorley and Roseberry abstained) COMMUNICATIONS There were no Communications. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda Modifications or Postponements. Planning Commission Minutes of August 8, 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. PLN2006-78 Hall, S. Public Hearing to consider the application of Mr. Steven Hall, on behalf of Gryphon Architecture, for a Conditional Use Permit (PLN2006-78) for late night operational hours and outdoor seating in conjunction with a new Starbucks Coffee within an approved multi-tenant retail building on property owned by Forty-Two Associates located at 330 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 Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking a Conditional Use Permit to allow late night and early morning operational hours and outdoor seating for Starbucks. . Reminded that this new 11,000 square foot multi-tenant retail building was approved by the Planning Commission located on Hamilton Avenue in between N. Central Avenue and Third Street. . Added that Starbucks would occupy the first tenant space that is located closest to Hamilton Avenue. . Said that this location proposes to open at 4 a.m. and have hours to midnight on Friday and Saturday nights. . Explained that staff reviewed the parking for this project, which is substantial, and recommends approval of this Use Permit. . Reported that one item of communication in opposition was received from a condominium owner located to the south of the project. . Stated he was available for any questions. Commissioner Gibbons asked if the conditions from the original approval should not be added to this Use Permit. Planner Tim J. Haley explained that those conditions already apply as part of the original approval. Commissioner Gibbons asked if this Use Permit would override that approval. Planning Commission Minutes of August 8, 2006 Page 3 Planner Tim J. Haley replied no. These conditions are in addition to the conditions imposed with the Site and Architectural Review Permit but do not override those original conditions. Commissioner Gibbons asked if there had been any discussion about banners. Planner Tim J. Haley replied not specifically although the standard Sign Ordinance provisions apply. Commissioner Gibbons asked if the hours 4 a.m. to midnight mean that these would be the earliest and latest that staff would be on site. Planner Tim J. Haley replied that was his understanding. Chair Alderete asked the distance between this tenant space and the rear of the property that abuts the condominiums. Planner Tim J. Haley said that it is the furthest tenant space in this building and is about 500 feet from that shared property line. The letter writer is another 300 feet away from the shared property line. Chair Alderete opened the Public Hearing for Agenda Item NO.1. Mr. Steven Hall, Applicant: . Clarified that the distance between the door and fence is 275 feet. . Stated that they agree with the staff report. . Said that they would like to extend the use of outdoor seating to 11 p.m. if possible as there are great evenings in summer where this seating can be enjoyed. . Explained that representatives from Starbucks are here tonight. Chair Alderete asked about the gate at the rear of the property and whether it is part of this project site or the rear abutting condominium complex. Director Sharon Fierro replied that this gate is part of the condominium project behind. That complex holds and controls the key to that gate. Mr. Monty Lucas, 421 N. Central Avenue, Campbell: . Said that his property abuts this subject property at the southeast corner. . Reminded that he spoke at the previous meeting regarding this site. . Stated that he has problems with the proposed hours and outdoor seating including security and sound impacts. . Said that this Starbucks will serve as a draw to young people. . Reported that the parking lot to the rear of this site is obscured and offers a place for people to hang out and hide. People could sit in this rear parking as a result of this extension of hours. Planning Commission Minutes of August 8, 2006 Page 4 . Said that the possibility of late deliveries is of concern. . Stated that he is here to protect property values. . Suggested that the rear parking area be controlled. . Assured that he is not trying to stop Starbucks from operating here but just the hours and protecting the back lot. . Said that he does not have any problems with lights. . Thanked the Commission for its time. Commissioner Doorley asked Mr. Monty Lucas what more he is asking the Commission to do. Mr. Monty Lucas: . Said he is putting his concerns on the record in case problems do occur as a result of these hours. . Suggested that an 11 p.m. closing time might be less likely to result in people hanging out in the rear lot until 2 to 3 a.m. . Said he takes no issue with the 4 a.m. early opening but is concerned with late hours and the opportunity these hours may result in impacts on his property. Chair Alderete closed the Public Hearing for Agenda Item NO.1. Commissioner Francois asked about the hours for Kohl's and Bed, Bath & Beyond. Director Sharon Fierro said she did not recall. Commissioner FranCfois said that the issue of kids hanging around and walking on the wall is a police issue and when it occurs they should be contacted. He added that he respects the property rights of Mr. Lucas as well as the rights of Starbucks to operate. Mr. Monty Lucas advised that he believes that Kohl's operates until 10 p.m. and agreed with Commissioner Francois that having kids walking on the wall is a police issue. He added that he recognizes that this problem with loitering in the parking lot already exists but he does not want to see it get worse as a result of this Starbucks. Commissioner Gibbons said that the conditions cover basic issues and the Community Development Director can modify them if problems occur. She questioned whether the closing out of the rear parking lot might be required as has been done before. Commissioner Roseberry said that it is problematic to enforce such closures. He added that while he appreciates the neighbor's concerns and gives him credit for coming before the Commission to say something about them, he thinks Starbucks will be a good tenant. He also agreed that the 4 a.m. clients will not likely be a problem as they grab their coffee and get on the road. Planning Commission Minutes of August 8, 2006 Page 5 Commissioner Ebner said he too is sensitive to Mr. Lucas' concerns but these problems are pre-existing and Starbucks will probably not make those worse. He said he tends to support this application. Commissioner Rocha said that there will be six more tenants behind Starbucks and the tenant mix will dictate the flavor of this site. He questioned the need to open at 4 a.m. as that appeared to be unusually early. Ms. Amber Reed, Starbucks Representative, San Francisco: . Said that they aim to capture the commute business going to Highway 17 to commute long distances. Commissioner Ebner asked when staff would arrive on site. Ms. Amber Reed replied that staff would arrive at 4 a.m. and service to customers would begin at 4:30 a.m. Commissioner Rocha stated that he expects that abandoned Starbucks coffee cups strewn around the property is collected. Ms. Amber Reed said that she expects that as well. Commissioner Francois pointed out that Condition 11 addresses trash pickup and reminded that the Community Development Director can modify hours if problems occur. Chair Alderete reminded that there are some pre-existing problems that have been identified by the neighbor. He said that potential issues are provided for in the Conditions of Approval but it is good to talk about the potential for impacts. He added that we have to wait and see what develops. If problems come up, they can be addressed. Commissioner Doorley asked the operational hours for the Coco's previously located on this property. Director Sharon Fierro replied that she believed that Coco's had operated 24-hours in a grandfathered use. Mr. Monty Lucas said he had issues with the Coco's hours but they closed down shortly after he moved in. He reminded that the Commission with this Use Permit they are granting Starbucks additional hours than allowed under Code. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3740 approving a Conditional Use Permit (PLN2006- 78) for late night operational hours and outdoor seating in Planning Commission Minutes of August 8, 2006 Page 6 NOES: ABSENT: ABSTAIN: conjunction with a new Starbucks Coffee within an approved multi- tenant retail building on property owned by Forty-Two Associates located at 330 E. Hamilton Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None 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. PLN2006-87 Ralls, C. Public Hearing to consider the application of Mr. Clint Ralls, on behalf of Road Sport, for an Administrative Planned Development Permit (PLN2006-87) to allow the establishment of an auto sales use within an existing office/warehouse building on property owned by Mr. Mike Ledeit located at 20-28 Railway Avenue in a P-D (Planned Development) 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 Ms. Jackie C. Young Lind, Senior Planner, presented the staff report as follows: · Advised that the applicant is seeking an Administrative Planned Development Permit. · Described the project site as consisting of two buildings with a center driveway that was constructed in the mid-1970s. The buildings are connected with a fascia. · Said that the site was previously used for the sale of flooring and window products. · Described the proposed auto sales use as being within the interior of the building with no outdoor displays. It is more of an auto brokerage with the majority of sales being by referral or appointment. No repair or service would be performed on site. · Explained that the applicant, Mr. Clint Ralls, operated nearby at 86 Railway Avenue for 10 years without incident. · Said that staff is recommending approval with conditions that there be no outdoor sales, no on-site repairs, customers by appointment only and no storage in the interior driveway. · Said that the parking ratio is one space per 200 square feet, which results in a requirement for 22 spaces. There are seven spaces available on site. Planning Commission Minutes of August 8, 2006 Page 7 Commissioner Francois pointed out that the operational hours allowed in the Conditions of Approval, 6 a.m. to 11 p.m. daily, are more than what is proposed by the applicant in his business description. Planner Jackie C. Young Lind said that the hours in the Conditions of Approval represent the general allowed business hours. She agreed that the applicant is not planning to operate those hours. Commissioner Gibbons said that she has a problem with the hours and asked if any business could operate that many hours. Planner Jackie C. Young Lind replied that this is the maximum standard range of operational hours permitted without a Use Permit. Commissioner Roseberry asked about differences between a brokerage that operates by appointment or referral to a business that has walk-in business. He also questioned how a different operator could operate under these Conditions of Approval. Director Sharon Fierro said that the City investigates problems with operation upon complaint. If this business were to be sold, the only way the City would know of the change in operational standards is if complaints are made. Commissioner Doorley pointed out that a similar use was recently approved at Cristich and asked if a time period for review was ultimately approved for that project. Chair Alderete reported that it was discussed but not imposed. Director Sharon Fierro recommended adding a Condition of Approval that no temporary signs typically associated with a used car business be used at this location including banners, flags, balloons, etc. Only normal business signage should be allowed. Senior Planner Jackie C. Young Lind said that Condition 1-b refers to an attachment that is the applicant's very specific description of operations. Another attachment is the applicant's attorney's letter agreeing to the imposed Conditions of Approval. If the use moves into more of a general retail auto sales use that would equal a change from the approved use. Chair Alderete asked if the two documents referred to in Condition 1-b do not contain conflicts. He added that he does not want to restrict them unnecessarily. Senior Planner Jackie C. Young Lind clarified that the applicant's description describes their 10 year operational history. She added that the Conditions state that no more than seven cars for sales people and/or customers can park on site at once. Planning Commission Minutes of August 8, 2006 Page 8 Commissioner Gibbons asked if one of the counted parking spaces is located in front of the dumpster. Senior Planner Jackie C. Young Lind replied correct. Commissioner Gibbons said that usually such parking is not allowed in front of a dumpster. She added that this is a very dangerous corner. It is a tight. Commissioner Rocha presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on July 25,2006. . Stated that the two SARC members had differing views. One is supportive of the use with conditions and the other is not supportive due to parking concerns. Chair Alderete opened the Public Hearing for Agenda Item NO.2. Mr. Randy Reedy, Attorney for Applicant: . Thanked staff, saying that Jackie and Tim have been great and responsive. . Reported that he got a response from staff the next day from when his letter was received. . Added that staff recommendations have addressed lots of concerns. . Said that the issue is always if the next person can operate under these conditions as well. . Pointed out that these conditions are geared toward an auto brokerage or a referral appointment-only type business. . Said he has read the staff report and agrees with the provisions. . Announced that Mr. Clint Ralls has completed his purchase of this project site. . Said that this use requires the least amount of parking than any other type of use. . Assured that there would be no balloons on the roof. . Said that the customers are referral or previous customers. In fact, 98 percent of their sales are referral or previous customers. . Reiterated that this is unique type of business. Mr. Clint Ralls, Applicant: . Thanked the Commission for the opportunity to speak. . Stated that this is different from most auto dealers. . Said he has been at his current location for 10 years and there have never been balloons or price stickers on his cars as that is tacky. . Reported that this is his 31st year with an auto dealer's license. . Said that he just closed escrow on this building. . Said that his is a 30 year business and he is now selling vehicles to his customer's children. . Added that his own son works with him. · Advised that 99 percent of his vehicles are pre-sold. They look all over the U.S. for cars. His son is expert on the computer. Planning Commission Minutes of August 8, 2006 Page 9 · Added that often they do not meet customers face to face until they pick up their vehicle. · Reported that they do between eight and 12 sales per month. Two to three of those vehicles leave the state. . Said that there is a staff of three and only up to three appointments are made at any given time. They have a specific personal relationship with their clients. The do not have desks but rather couches creating comfortable seating areas. · Said that Campbell is a lovely downtown area but it does not generate walk-in traffic for his business. · Explained that he has plans to improve his site, including a new storefront. · Informed that he has a strong connection and history in Campbell. He grew up her, attending West Valley College when it was located in Campbell. This history is culminating in his purchasing his own commercial property in Campbell as he loves this town. · Said he appreciates the Planning staff working with them. · Assured that parking is not a concern. If it was, he would locate his business elsewhere where there is more parking available. . Agreed that this location would not work for a regular auto dealer. . Said he is available for any questions. Commissioner Francois asked Mr. Clint Ralls to explain his operational hours. Mr. Clint Ralls said that they work between 8 a.m. and 6 p.m. with the occasional early evening appointment up to 7:30 or 8 p.m. Commissioner Francois pointed out that the vehicles sold are expensive and upscale. Mr. Clint Ralls agreed saying they are predominately BMW, Porches, Jaguars, etc. Commissioner Gibbons clarified with staff that the Commission is not approving exterior changes with tonight's hearing. Senior Planner Jackie C. Young Lind replied correct. Commissioner Gibbons asked how cars are shipped in or out. Mr. Clint Ralls said they don't usually. He said if cars are delivered on a large transport, they do so away from the building where it is not so busy and drive the car over to the site. He assured that most vehicles that arrive are driven in. He added that it is difficult to get one car picked up in a transport vehicle intended to carry 10. Chair Alderete closed the Public Hearing for Agenda Item NO.2. Planning Commission Minutes of August 8, 2006 Page 10 Commissioner Roseberry said that this is a well thought out project and the applicant knows what he is doing. He said he was satisfied with the safeguards in place and supportive of this use. Commissioner Doorley said he has no problem with this particular applicant but is concerned with setting precedent. He pointed out that this is not as unique a business as it may seem. He said he would like to see some review in approximately two years to ensure that things are working right. He strongly urged such a review. Commissioner Rocha said that a couple of things concern him. He said one is the fact that the site is under-parked and seven spaces are too far under the standard. He also expressed concern about off-loading vehicles on nearby streets such as Kennedy and that the new owners of the eight homes at Kennedy and Industrial would not appreciate this. He said he is not in support. Commissioner Gibbons asked if a condition regarding deliveries can be added. She suggested adding the condition that allows the Community Development Director to change the hours of operation if problems come up. She added that the hours of operation seem generous. She reiterated that this site comes with a lousy in and out situation and she is puzzled how cars can get in and out there. Chair Alderete re-opened the Public Hearing for Agenda Item No.2. Chair Alderete asked Mr. Clint Ralls how large is the transporter vehicle? Is it a tow truck or larger? Mr. Clint Ralls said that it usually carries two cars at a time. He generally uses Los Gatos Towing and they use a flat bed. He reiterated that it is rare that a transport vehicle comes in. Chair Alderete asked if Los Gatos Towing uses the same truck it uses to deliver cars for repair. Mr. Clint Ralls replied yes. Chair Alderete pointed out that Mr. Clint Ralls has said that deliveries are the exception or rarity to the norm. A total of 10 to 12 vehicles are sold per month. Mr. Clint Ralls: . Said that they have an average of 10 retail sales per month and two of those are taken to auction. . Assured that there is not a lot of activity and there is less movement for his type of operation than for anything else that might be located in this building. · Said that there are days when they won't have a single visitor and that the amount of traffic generated is pretty light. Planning Commission Minutes of August 8, 2006 Page 11 . Reminded that he has operated 50 yards up the street successfully for 10 years with no complaints or issues regarding the loading and/or unloading of cars. . Said that he understands that one concern of the Commission is the potential for vendors that may come after him but he assured that due to the cost of this site, they won't come in here. Commissioner Ebner asked the length of the rig bringing in two cars. Mr. Clint Ralls said it is 30 feet long and the average care is 16 feet. Commissioner Ebner asked the time of day that deliveries are made. Is it morning or late in the afternoon? Mr. Clint Ralls replied that there is no specific time for deliveries and it hasn't been an issue. Commissioner Ebner asked if the rig would have to be backed into the site and is there potential for holding up traffic. Mr. Clint Ralls replied no. Commissioner Francois said he sat in on the SARC meeting at which this project was reviewed and he was impressed. He said that Mr. Clint Ralls is a professional who cares for this Community and his neighbors. Commissioner Gibbons recommended two added conditions. One that the Director can modify hours of operation if necessary and that banners, flags, balloons and other such signs not be allowed. With those added conditions, she can support this use. City Attorney William Seligmann said that the Temporary Sign Ordinance requirements cover these types of temporary signs. He suggested added noise, traffic and hours of operation to Condition 10. Commissioner Francois asked whether Condition 3 can cover restricting these temporary signs. City Attorney William Seligmann replied no, since the Sign Ordinance allows temporary signs. Chair Alderete said he is supportive of this project as it is well thought out and a good use. He reminded that they were able to operate successfully a couple of properties down the street and that deliveries were not an issue. He said he also supports the proposed added conditions. Motion: Upon motion Commissioner of Commissioner Gibbons, seconded by Francois, the Planning Commission adopted Planning Commission Minutes of August 8, 2006 Page 12 Resolution No. 3741 approving an Administrative Planned Development Permit (PLN2006-87) to allow the establishment of an auto sales use within an existing office/warehouse building on property owned by Mr. Mike Ledeit located at 20-28 Railway Avenue, with the added conditions: · Prohibiting use of any temporary signs, banners, flags, balloons, etc., and · Giving the Community Development Director the discretion to modify hours if noise, traffic or hours of operation cause problems. by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons and Roseberry Rocha None None NOES: ABSENT: ABSTAIN: 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.3 into the record as follows: 3. PLN2006-76 PLN2006-77 Khojasteh, A. Public Hearing to consider the application of Mr. Amir Khojasteh for a Reinstatement (PLN2006-76) of a Planned Development Permit to allow the construction of four town home units and an Extension of Approval (PLN2006-77) to grant a two-year extension for a Tentative Parcel Map to create four residential lots and one common lot on property owned by Mr. Amir Khojasteh located at 705 W. Hacienda Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: September 11, 2006. Project Planner: Stephanie Willsey, Planner /I Ms. Stephanie Willsey, Planner II, presented the staff report as follows: · Reported that in 2002 Council approved a Zone Change from R-D-S to P-D; a Planned Development Permit to allow the construction of four town home units; and a Tentative Parcel Map to allow the creation of four residential lots and one common lot.. An extension to the Parcel Map was granted and expires in October 2006. The PD Permit expired in 2005. · Explained that there are no changes proposed with this application for Reinstatement of the PD Permit and Extension of Approval for the Tentative Parcel Map. Planning Commission Minutes of August 8, 2006 Page 13 . Said that the General Plan Land Use designation is Low-Density Residential that allows a density between 6 and 13 units per gross acre. The project is proposed at a density of 9.3 units per gross acre. . Added that the Zoning is PD and the project is consistent with that Zoning with a PD Permit. · Said that a two-year extension of the Parcel Map is requested that allows four residential lots and one common lot. The Reinstatement of the PD Permit would allow the construction of four townhome units with access to W. Hacienda Avenue. . Described the architectural style as a contemporary Mediterranean style. . Said that the parking requirement is 3.5 spaces per unit for a total of 14. All 14 required spaces are provided through two-car garages and six exterior spaces. . Recommended that the Planning Commission forward a recommendation for Council approval of this project. Commissioner Doorley asked when a Homeowners' Association (HOA) is required. Planner Stephanie Willsey replied when there is a shared common driveway CC&Rs and an HOA are required. Commission Gibbons said she thought that State regulations require an HOA when there are over a certain number of units. City Attorney William Seligmann said that when there is a common ownership situation the State requires CC&Rs. He added that Campbell's own Code requires an HOA whenever there is a shared access way. Chair Alderete asked if the decorative pavement material called out for in Condition 13-B is satisfied with the stamped concrete depicted in Drawing A-1-1. Planner Stephanie Willsey replied correct. Commissioner Rocha presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project at its meeting of July 25th. . Said that SARC was supportive as presented and with no additional conditions. Chair Alderete opened the Public Hearing for Agenda Item NO.3. Mr. Amir Khojasteh, Applicant: . Said he believed that five units are what mandate a requirement for CC&Rs. City Attorney William Seligmann said that the City's own Ordinance is clear that any project with a shared or common lot requires CC&Rs for maintenance. Chair Alderete closed the Public Hearing for Agenda Item No.3. Planning Commission Minutes of August 8, 2006 Page 14 NOES: ABSENT: ABSTAIN: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission took the following actions: . Adopted Resolution No. 3742 recommending approval of a Reinstatement (PLN2006-76) of a Planned Development Permit to allow the construction of four town home units, and . Adopted Resolution No. 3743 recommending approval of an Extension of Approval (PLN2006-77) to grant a two-year extension for a Tentative Parcel Map to create four residential lots and one common lot on property owned by Mr. Amir Khojasteh located at 705 W. Hacienda Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None Motion: Chair Alderete advised that this item would be considered by Council at its meeting of September 11,2006 for final action. *** Chair Alderete read Agenda Item No.4 into the record as follows: 4. Downtown Development Plan Public Hearing to consider the update to the Downtown Development Plan. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: September 11, 2006. Project Planner: Jackie C. Young Lind, Senior Planner Senior Planner Jackie C. Young Lind introduced Intern Jennifer Gau who would be making this presentation. Ms. Jennifer Gau, Planning Intern, presented the staff report as follows: . Advised that the Downtown Development Plan (DDP) is an appendix to the General Plan and was last updated in 1996. . Explained that the plan area is unchanged. . Reminded that a Study Session with the Planning Commission was held on June 27,2006, and the Update was well received. . Informed that the Redevelopment Agency presented this update to the Downtown Campbell Business Association (DCBA) and seven business owners received email copies of this draft update. . Said that Planning, Redevelopment and Public Works worked on the update. . Explained that a goal is to achieve a walkable business district and that goals, policies and strategies are included. . Reported that the first DDP was adopted 18 years ago. Planning Commission Minutes of August 8, 2006 Page 15 . Said that several of the goals in the current (1996) DDP have been achieved including the under grounding of utilities, streetscape improvements, Ainsley House, traffic enhancements and inclusion of mixed-use developments. · Said that this update to the DDP is consistent with the General Plan and Zoning Code. · Recommended that the Commission adopt a Resolution repealing the current DDP; adopt a Resolution recommending that Council accept the EIR for the 2001 General Plan Update as being adequate for this DDP Update; and adopt a Resolution approving this DDP Update. . Said that the Senior Planner is available for any questions. Commissioner Rocha asked for clarification about the LUT 3-1 calling for increased densities in the NOCA and SOCA areas. Senior Planner Jackie C. Young Lind replied that calls for mixed-use development. Chair Alderete opened the Public Hearing for Agenda Item NO.4. Chair Alderete closed the Public Hearing for Agenda Item NO.4. Commissioner Gibbons: · Said that she spoke briefly with staff about this DDP update. · Stated that at the Study Session, she did not understand that this was how this material was going to be presented and she was surprised to see this in the packet. · Said that the Commission spent a lot of time at that Study Session and that her expectations were completely different. Director Sharon Fierro reminded that she had planned a second Study Session for the last meeting that was postponed. Commissioner Gibbons said that a thorough review of the DDP including the environmental impacts was not done at that Study Session. Therefore, she will abstain. Senior Planner Jackie C. Young Lind: · Said that during the Study Session a number of design guidelines that the Planning Commission would like to see prepared were discussed. . Added that a follow up email was sent on July 2nd. In that email she had mentioned that the goal was to update the DDP and establish a new future work plan. · Clarified that the purpose for this update to the DDP is to bring that plan current as it is 10 years old. It needs to reflect what has already been reached including the Light Rail and under grounding of utilities. Planning Commission Minutes of August 8, 2006 Page 16 · Said that the goals and strategies were reformatted to match the format in the General Plan. · Reported that the City is in the process of hiring a consultant to work on an improvement plan for East Campbell Avenue from Railway Avenue to the Pruneyard. Commissioner Gibbons stated that she does not like Design Guidelines. Chair Alderete asked for clarification that these guidelines would not be re-visited by the Commission. Senior Planner Jackie C. Young Lind: · Explained that there is limited staffing and that each year during the budget preparation a work plan is established for each City Department including the Community Development Department. · Said that included in the 2006-07 Work Plan are Winchester Boulevard Design Guidelines. Currently, there is an application for the A&W site on Winchester Boulevard. The 2007-08 Work Plan would include other design guidelines. · Said that the Planning Department has to deal with limited staff and development standards. · Reiterated that there are no new concepts with this DDP. It is simply an update to a 10 year old document. Director Sharon Fierro added that this DDP Update includes the vision from the General Plan Update and that a presentation to the Commission on broad scale issues is pending including transit oriented development. Commissioner Gibbons: · Said that a fundamental discussion point is what a DDP is versus design guidelines. · Stated that it needs to be clear what the plan does versus what guidelines do. There is a strong distinction. · Said that there are pros and cons with design guidelines. Commissioner Ebner said that he too thought that they were talking about a bigger picture while Winchester Boulevard was an afterthought at the end of the evening. Chair Alderete said he was also very excited by the discussion at the Study Session and that a lot of great input was provided that night. He would like to capture that feedback and get it into the document somehow. Commissioner Roseberry: · Said that he had also thought that the Zoning Code Update ended up bigger than the discussion at the Study Session had led him to believe and that he felt a little out of the loop at the public hearing for that. Planning Commission Minutes of August 8, 2006 Page 17 . Pointed out that while the Commission meets just twice a month, staff meets every day. . Said he also recognizes that progress must be made in the update but that allowing the Commissioners to provide input is valuable to the City and to the Community Development Department. It is important to get that input included in some reasonable form. Commissioner Ebner asked if a postponement is called for here. Chair Alderete said that this is an appropriate update to a 10-year-old plan although he would like to see further thoughts and input included. He said he had a different expectation but agrees with the statement made by Commissioner Roseberry in that the Commission meets a couple of times each month while the staff lives it every day. Director Sharon Fierro: . Said that she would like some comments from the Planning commission on what future steps they would like to see. . Asked what level of detail the Commission would like to see so she can incorporate and reflect those ideas in a memo to Council. . Explained that the General Plan, Specific Plan and Zoning Code are codified while Area Plans are not codified. Commissioner Gibbons said that she wants to be clear on the distinction between design guidelines and a DDP. She added that a DDP should have enough content to not need design guidelines. Chair Alderete said that the flavor of desired development is needed and how to convey that vision to applicants regarding the East Campbell Avenue Development Plan. Commissioner Ebner said that the core of the downtown is eclectic and unique and he wants to see that feeling continued on down to Pruneyard. Senior Planner Jackie C. Young Lind: . Advised that an RFP (Request for Proposals) has gone out for the Campbell Avenue Streetscape and Land Use Plan that covers Campbell Avenue from the railroad tracks to the Pruneyard and will cover issues such as general massing. . Said that Study Session and hearings will be held on this material. It is a more intensive process. . Reiterated that the intent of the DDP Update was simply to update a 10-year-old document that is an appendix to the General Plan. Director Sharon Fierro said that the DDP only deals with the existing downtown. Commissioner Ebner asked who reviews public art. Planning Commission Minutes of August 8, 2006 Page 18 Director Sharon Fierro replied the Civic Improvement Commission. Commissioner Roseberry agreed that this is an update of something that needed updating. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission took the following actions: . Adopted Resolution No. 3744 recommending that the City Council amend the Campbell General Plan by repealing the Downtown Development Plan, February 1996; . Adopted Resolution No. 3745 recommending that the City Council find that the Environmental Impact Report (State Clearinghouse Number 2001042063, July 26, 2001) prepared for the City of Campbell's General Plan provides full and adequate environmental review for approval of the Downtown Development Plan Update 2006 pursuant to CEQA Guidelines section 15162; and . Adopted Resolution No. 3746 recommending that the City Council amend the Campbell General Plan by approving the Downtown Development Plan Update 2006, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Rocha and Roseberry None None Gibbons NOES: ABSENT: ABSTAIN: Chair Alderete advised that this item would be considered by Council at its meeting of September 11,2006 for final action. *** 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 at its meeting of August 1, 2006, Council took second reading of the Zoning Code Update, which becomes effective on August 31,2006. Additionally, Council took action on the Weed Abatement Program. . Said that the Inclusionary Housing Ordinance will be the next part of the Zoning Code Update to be heard by Council. . Said that a future update on Adult Businesses will be provided by City Attorney William Seligmann and reviewed by the Commission. ADJOURNMENT The Planning Commission meeting adjourned at 9:45 p.m. to the next Regular Planning Commission Meeting of August 22, 2006. Planning Commission Minutes of August 8, 2006 Page 19 SUBMITTED BY: APPROVED BY: ATTEST: dMnt ~ -Sharon Fierro, Secretary