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PC Min 10/14/2003CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 14, 2003 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 14, 2003, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Hernandez and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Acting Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: George Doofley Bob Alderete Tom Francois Elizabeth Gibbons Michael Rocha Bob Roseberry Commissioners Absent: Chair: Joseph D. Hernandez Staff Present: Community Development Director: Senior Planner: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Geoff I. Bradley Stephanie Willsey William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Gibbons, the Planning Commission minutes of September 23, 2003, were approved as submitted. (6-0-1; Chair Hernandez was absent) COMMUNICATIONS 1. Newsletter from Audubon Society 2. Design Guidelines from VTA for Transit Oriented Development. AGENDA MODIFICATIONS OR POSTPONEMENTS Agenda Item #1 is being withdrawn at the request of the applicant. ORAL REQUESTS There were no Oral Requests. Planning Commission Minutes of October 14, 2003 Page 2 PUBLIC HEARING Acting Chair Doorley read Agenda Item No. 1 into the record. PLN2003-76 Chapman, C. Continued Public Hearing to consider the application of Mr. Charles Chapman for a Site and Architectural Review Permit (PLN2003-76) to allow an addition and remodel of an existing shop and single-family residence on property owned by Chares and Gloria Chapman located at 1285 Westmont Avenue in an R-l-6 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Tim J. Haley, Associate Planner (Continued from the Planning Commission meeting of September 9, 2003.) Acting Chair Doofley advised that this item has been withdrawn at the request of the applicant. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Gibbons, the Planning Commission accepted the request by the applicant to withdraw consideration of a Site and Architectural Review Permit (PLN2003-76) to allow an addition and remodel of an existing shop and single-family residence on property owned by Charles and Gloria Chapman located at 1285 Westmont Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry NOES: None ABSENT: Hernandez ABSTAIN: None Acting Chair Doorley read Agenda Item No. 2 into the record. o PLN2003-57 Marques, J. Public Hearing to consider the application of Mr. Joe Marques, Jr., for a Conditional Use Permit (PLN2003-57) to allow late night hours for an existing restaurant (Wienerschnitzel) on property owned by Ms. Carol T. Hockenbury located at 1940 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Tim J. Haley, Associate Planner Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: · Advised that the applicant is seeking approval of a Conditional Use Permit to allow late night operational hours for an existing Wienerschnitzel restaurant. · Explained that Council adopted Ordinance 2002 on April 3, 2001, which required all businesses operating after 11 p.m. and before 6 a.m. to obtain a Conditional Use Permit, even those businesses which were currently "grandfathered." Those businesses were given a two year compliance period. Planning Commission Minutes of October 14, 2003 Page 3 · Stated that the hours of operation for Wienerschnitzel over the last ten years have been from 9 a.m. to midnight, Monday through Thursday and from 9 a.m. to 1 a.m. on Friday and Saturday. · Pointed out that a Condition of Approval allows for additional review if there are complaints received as a result of these extended hours. · Advised that the Police Department reviewed this request and had no concerns. · Recommended adoption of a resolution approving this Conditional Use Permit and that the Commission find this project to be Categorically Exempt under CEQA. Acting Chair Doorley asked Senior Planner Geoff I. Bradley if there have been any complaints about the Wienerschnitzel business from surrounding residences. Senior Planner Geoff I. Bradley replied that there has been nothing specifically against the Wienerschnitzel restaurant. Acting Chair Doorley opened the Public Hearing for Agenda Item No. 2. Mr. Bruce Hailer, Co-Owner & Applicant, Lil Dog Big Dog Management Company Inc.: · Said that they had been unaware of the new Ordinance when they bought the business at this location two years ago. · Stated that if they were to lose their late night hours it would have an adverse economic impact on their business. · Pointed out that they have worked hard and invested a lot of money to improve this site. · Said that the landscaping requirements are of concern and asked for adequate time to install the landscaping and wall. Acting Chair Doorley asked Senior Planner Geoff I. Bradley how long the applicant has to install these site upgrades. Senior Planner Geoff I. Bradley replied within one year, including refurbishing the rear site landscaping and installing the masonry wall. Acting Chair Doorley asked Mr. Bruce Haller if one year is acceptable length of time. Mr. Bruce Haller replied yes. Acting Chair Doorley closed the Public Hearing for Agenda Item No. 2. Commissioner Alderete pointed out that there are several areas in which this site is not in compliance with City standards including the amount of landscaping, the number of parking spaces and the wall. Added that Baja Fresh had been required to meet ADA site access requirements and wondered whether this improvement should be addressed for this site at this point. Senior Planner Geoff I. Bradley replied that staff balances requirements in proportion to the actual project. In this case, the applicant is seeking approval for an additional one to two hours of operation per day. Staff determined the masonry wall to be the most important improvement to separate this use from the adjacent residential uses since Code requires a Planning Commission Minutes of October 14, 2003 Page 4 buffer between residential and commercial uses. Staff found these requirements (wall and the rear landscaping) to be a fair and equitable treatment given the limited impact and scope of this project and the most defensible way to go. Commissioner Alderete: · Pointed out that with a number of applications, the City ends up asking only for the most important requirements and letting go of other standard requirements. · Suggested that the Commission should try to get compliance in all areas rather than settling. · Reminded that Council has advised that the Commission should not allow financial well being to be taken into consideration when imposing Code standards. Commissioner Gibbons said that she agrees for the most part but that this reasoning must also be balanced. Asked the City Attorney for his comment and asked if the Commission is being fair to Baja Fresh and other businesses. City Attorney William Seligmann agreed that standards are set by Code requirements but also agreed that with Conditions of Approval, the City must look at the relationship and/or nexus between what is being asked for and the Conditions imposed in a way that is proportionate. Acting Chair Doorley: · Countered that maintaining a positive business climate can however be a valid consideration in a grand sense. Pointed out that the City changed the ground rules in this case and that the applicant did not come forward to seek anything new but rather simply to comply with new Ordinance requirements in order to legalize their pre-existing operation. Said this difference calls for this request to be looked at proportionally, which is not outside of the Commission's role. Commissioner Rocha agreed with Commissioner Alderete's comments but also agreed that since the City is imposing something retroactively on this business that fact can be taken into consideration. It would be different if they were asking for something new. Commissioner Francois: · Stated that staff has come up with a pragmatic and reasonable solution. · Said that as the previous owner of a small business, he understands that it is tough out there and the City should attempt to make its requirements reasonable and logical. · Advised that he will be supportive of this request. · Agreed that it is important to both have and maintain guidelines and standards that are not unreasonable. Commissioner Alderete stated that Commissioner Francois put it well and agreed with his views but that he simply wanted to raise the point. Added that one cannot assume that adding an hour a day will substantially change the business. Planning Commission Minutes of October 14, 2003 Page 5 Motion: Upon motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3526 approving a Conditional Use Permit (PLN2003-57) to allow late night hours for an existing restaurant (Wienerschnitzel) on property owned by Ms. Carol T. Hockenbury located at 1940 S. Bascom Avenue and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry NOES: None ABSENT: Hernandez ABSTAIN: None Acting Chair Doorley reminded that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. Acting Chair Doorley read Agenda Item No. 3 into the record. PLN2003-112 Ma, J. Public Hearing to consider the application of Ms. Judy Ma, on behalf of MetroPCS, for a Conditional Use Permit (PLN2003-112) to allow the co-location of a wireless telecommunications facility on property owned by SUSA Partnership. L.P., located at 187 E. Sunnyoaks Avenue in an M-1-S (Light Industrial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Stephanie Willsey, Planner I. Ms. Stephanie Willsey, Planner I, presented the staff report as follows: · Advised that the applicant is seeking approval of a Conditional Use Permit to allow the co- location of a wireless telecommunications facility at 187 E. Sunnyoaks Avenue, located on the north side of E. Sunnyoaks Avenue, south of the San Tomas Expressway overpass over Winchester Boulevard. · Said that the Zoning designation is M-1 (Light Industrial) and that the existing mini-storage facility is a three-story building currently operated by GE Storage. · Informed that in October 1995, Nextel obtained a Use Permit to place panel antennas and an equipment cupola. MetroPCS is proposing to co-locate antennas and additional equipment within the existing cupola, which will not be visible from the exterior. · Pointed out that co-location installations are encouraged in the Telecommunications Ordinance. · Said that staff finds this installation to be stealth and compatible with the existing uses. Such installations result in less visual clutter and reduces overall impacts. · Advised that there are no parking impacts as this installation is unmanned except for maintenance once a month. · Recommended approval of a Conditional Use Permit. Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: Planning Commission Minutes of October 14, 2003 Page 6 · SARC reviewed this project on September 23, 2003 and was supportive as proposed with the addition of a door on the copula and the repainting of the copula. Acting Chair Doodey opened the Public Hearing for Agenda Item No. 3. Ms. Judy Ma, Applicant and Representative, MetroPCS: · Said that she is available for questions. Acting Chair Doorley closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3527 approving a Conditional Use Permit (PLN2003-112) to allow the co- location of a wireless telecommunications facility on property owned by SUSA Partnership. L.P., located at 187 E. Sunnyoaks Avenue and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry NOES: None ABSENT: Hernandez ABSTAIN: None Acting Chair Doorley reminded that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Advised that Council has authorized the signing of an agreement with Santa Clara County for the design and installation of an off-leash dog park. · Said that the next Planning agenda will consist of two items. · Added that a Study Session to continue discussion of the Zoning Code Update will immediately follow this meeting. · Reminded the Commission of the November 20th Commissioners Dinner at Villa Ragusa. Commissioner Rocha asked for the proposed opening date for the dog park. Director Sharon Fierro said that as it is not yet designed nor constructed she is not certain of the completion date for the dog park but that she will look into this and find out more. Commissioner Gibbons asked if the three-month review of the Gaslighter that is on the next agenda is the result of issues being raised. Director Sharon Fierro replied no, it simply reflects the desires of the Commission, which imposed a Condition of Approval that requires both a three and six-month review of operations following approval of the Use Permit. Planning Commission Minutes of October 14, 2003 Page 7 ADJOURNMENT The Planning Commission meeting adjourned at 7:58 p.m. to a Study Session immediately following and subsequently to the next regular Planning Commission meeting on October 28, 2003, in Council Chambers, City Hall, 70 North First Street, Campbell, California, at 7:30 p.m. SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: ATTEST: rg~Doorley, Acting Chai~