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PC Min - 01/23/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JANUARY 23, 2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of January 23, 2007, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Rocha and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Michael Rocha Bob Roseberry Bob Alderete George Doorley Mark Ebner Tom Francois Elizabeth Gibbons Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Planner I: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind Steve Prosser William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission minutes of the meeting of January 9, 2007, were approved. (6-0-1; Commissioner Coorley abstained) COMMUNICATIONS 1. Modified Conditions of Approval for Agenda Item #1. Campbell Planning Commission Minutes for January 23, 2007 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no Oral Requests. PUBLIC HEARINGS *** City Attorney William Seligmann advised that he wound need to recuse himself from Agenda Item No. 1 as he has an outstanding fee with Barry Swenson Builders. Commissioner Gibbons advised that she must abstain due to a business relationship between her employer and the applicant. Both left the Council Chambers for the duration of Item 1. Chair Rocha read Agenda Item No. 1 into the record as follows: 1 . PLN2006-150 Barger, A. Public Hearing to consider the application of Mr. Aaron Barger, on behalf of Green Valley Corporation dba Barry Swenson Builder, for a Site and Architectural Review Permit (PLN2006-150) to allow the remodel of a commercial building on property owned by Green Valley Corporation dba Barry Swenson Builder located at 1400 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: Jackie C. Young Lind, Senior Planner Ms. Jackie C. Young Lind, Senior Planner, presented the staff report as follows: . Stated that the subject site is an L-shaped lot consisting of approximately 6/10 of an acre and located on West Campbell Avenue at Kim Louise Drive. . Explained that the site has had problems with poor upkeep resulting in Code citations. . Said that the applicant is seeking a Site and Architectural Review Permit to allow the remodel, partial reconstruction and faCfade improvements to the commercial building on this property. . Described the surrounding uses as commercial and apartments. . Said that the zoning is C-1 and this proposal is consistent with the zoning. . Stated that the improvements to the faCfade exterior include storefronts, stucco, signage, stone veneer and the use of four contrasting colors. General Campbell Planning Commission Minutes for January 23, 2007 Page 3 site repairs include a new trash enclosure, repairs to the asphalt, a sound wall for the south property line, a bike rack, and a new concrete walk along the site of the building. No protected trees will be removed. A preliminary landscape plan has been provided. The parking lot will be repaved and restriped. · Explained that there are currently 55 parking spaces. That number will be reduced to 48 to accommodate some additional landscaping. Twenty eight spaces are required for this use. · Stated that the City's standard curb, gutter and sidewalks as well as an ADA- compliant driveway will be required. · Added that a future monument sign at four feet by four feet is proposed as well as one wall sign on the front and another on the side. This will be handled through a future Sign Permit application. · Pointed out that a letter in the packet (attachment #5) outlines the applicant's agreed upon changes per the SARC meeting. This includes the relocation of electrical equipment from the front of the building to inside the building. . Said that SARC reviewed this proposal at its meeting of January 9th. · Recommended that the Planning Commission find this project to be Categorically Exempt under CEQA as allowed for additions to existing structures. · Recommended the adoption of a Resolution approving this application as amended. · Described the amendments as mostly corrections. Page 3, Condition 17, describes the project erroneously as residential instead of commercial. Page 5, Condition 33, mentions the requirement for the undergrounding of utilities on the street frontage. However, as this is a remodel rather than construction of a new commercial building, that requirement does not apply and should be removed as a condition. Commissioner Doorley asked about irrigation for the new trees. Senior Planner Jackie C. Young Lind pointed to Condition 40 that deals with landscape maintenance. Commissioner Doorley suggested amending that requirement to be more specific in the requirement for irrigation for the trees. Senior Planner Jackie C. Young Lind added that another related requirement is Condition 6 requires that property maintenance be ongoing per the approved project plans. Commissioner Doorley stressed the importance of making sure that such irrigation for the trees is put in. Campbell Planning Commission Minutes for January 23, 2007 Page 4 Commissioner Alderete said that he trusts that the representation of colors is more accurate on the colorboard posted this evening rather than the colored elevations included in the staff report. Senior Planner Jackie C. Young Lind said she believes so. Commissioner Roseberry asked for clarification on the undergrounding of utilities. Senior Planner Jackie C. Young Lind explained that the standard condition (Condition #34) included in the original report referenced on-site utilities. In certain cases, the streetscape utilities can be required to be undergrounded. That requirement is often dealt with through deferred agreements between the Public Works Department and the applicant. However, since this project is not new construction, it is not subject to the undergrounding of streetscape utilities. Commissioner Roseberry presented the Site and Architectural Review Committee report as follows: . SARC had a good discussion with the applicant. · Added that everyone is delighted that this property is finally being redeveloped. · Said that the applicant has done a good job. · Stated that it is nice to see a project that is overparked. · Said that the landscaping is done well. · Reported that an additional window area is being incorporated into the front. · Stated that there is a difference of opinion between staff and SARC on colors and materials. · Concluded by saying that SARC is supportive of the project as the applicant has met expectations. Commissioner Alderete asked for clarification on the differences between SARC and staff. Senior Planner Jackie C. Young Lind explained that the project, as submitted by the applicant, includes white aluminum storefront windows while staff is recommending bronze aluminum storefront windows. SARC felt that this decision should be left to the discretion of the applicant while staffs opinion is that bronze has less of a residential appearance than white. Commissioner Alderete said that it does not appear white in the drawing. Senior Planner Jackie C. Young Lind said that it is up to the Planning Commission to decide but it is the staff recommendation. A similar issue is the awnings. The applicant wants corrugated metal while staff is proposing standing seam metal. Campbell Planning Commission Minutes for January 23, 2007 Page 5 Commissioner Alderete opined that this particular color scheme is taking over the entire valley and that he was looking for something different. Chair Rocha opened the Public Hearing for Agenda Item NO.1. Mr. Aaron Barger, Representative for Green Valley Corporation: . Agreed that there has been lots of discussion about this property. . Said he wants to raise one issues on the Conditions. For Condition 2-c, he prefers that the architect get the opportunity to pick the material for the awnings. . Added that as for the storefront windows, they prefer the bronze recommended by staff. . Asked that Condition 3 be modified to the standard one-year approval rather than the six-month approval time frame recommended by staff because this property was in disrepair for an extended time. Commissioner Alderete said that disrepair was an understatement. He pointed out that there have been newspaper articles on the topic. There have been ongoing problems for 25 years. He added that he is not in favor of extending the time of approval. Mr. Aaron Barger: . Said that he is still asking for one year. . Advised that the site has been vacant since 1991 and that Green Valley Corporation purchased the property in 2002. . Added that there are potential tenants who want to move in. . Reported that there is a potential los of one or two parking spaces due to drainage requirements for a C-3 standard. Senior Planner Jackie C. Young Lind said that the C-3 drainage standard is a legal requirement. She added that the site is overparked. Mr. Aaron Barger said that he provided a letter of the agreed upon changes resulting from the SARC meeting. Commissioner Francois asked about the obstacles between an approval timeframe of six months versus one year. Is the concern the ability to obtain the building permits? He said that he believes that staff would be willing to expedite the permit process. Mr. Aaron Barger said that he hopes to have the drawings done in the next couple of months. There is potential for delays in construction that might go beyond a six-month time period. Campbell Planning Commission Minutes for January 23, 2007 Page 6 Director Sharon Fierro pointed out that this is a professional development company with the ability to provide accurate plans that can be processed quickly by Building. Commissioner Roseberry asked Mr. Aaron Barger for clarification that they prefer the bronze windows over white. He said he had thought originally that they wanted to use white. Mr. Aaron Barger said that he does support the staff recommendation for bronze. Commissioner Roseberry asked Mr. Aaron Barger for clarification on the material for the awnings. Mr. Aaron Barger said that they want to use corrugated metal they proposed instead of the standing seam that staff is recommending. Chair Rocha closed the Public Hearing for Agenda Item NO.1. Commissioner Francois: · Stated that he adamantly supports the condition limiting the approval time period for completion to six months. · Said that this site is in need of work and has been for a long time. · Said that this is a professional company and responsible and they can accomplish this remodel in six months. · Said that he supports the applicant's request to choose their preferred awning material, which is corrugated metal. . Advised that he supports this project. Commissioner Alderete questioned what is proposed for a walkway finish color and texture. Senior Planner Jackie C. Young Lind suggested asking the applicant. Chair Rocha re-opened the Public Hearing for Agenda Item No.1. Mr. Aaron Barger said that he was not sure about use of textured concrete. He was envisioning a clean surface. He was aware of the requirement for color but not texture but could work with staff. The specific color concrete has not yet been specified. Commissioner Alderete asked what AC pavement means. Mr. Aaron Barger replied asphalt. Commissioner Alderete clarified that CMU (concrete masonry units) is a sound wall. Campbell Planning Commission Minutes for January 23, 2007 Page 7 Senior Planner Jackie C. Young Lind pointed out that the requirement for both color and textured concrete is included in the SARC report. Chair Rocha reclosed the Public Hearing for Agenda Item NO.1. Commissioner Alderete asked staff what it has in mind regarding this walkway. Senior Planner Jackie C. Young Lind replied a decorative walkway with a finish that could be brush, pattern, salt, etc. There are a variety of options available and staff can work with the applicant to find an appropriate one. Commissioner Roseberry said that color concrete is a vague term since all concrete has some color to it. He stressed the importance in specifying that the final option be subject to the approval of the Community Development Director. He agreed that there are a nice range of available finishes and this will give the sidewalk one level of upgrade from standard concrete. Senior Planner Jackie C. Young Lind suggested adding to Condition 2 the approval by the Community Development Director for the final selection of concrete finish. Commissioner Roseberry said that he wants to allow the architect to create the look and does not want to micromanage the details. Commissioner Ebner asked if the consensus is to keep the approval time frame of six months. Chair Rocha replied yes. Commissioner Ebner said he agrees that the proposed color palette is used all over. Chair Rocha said that he noticed during his site visit he found that the location of the cutout on Kim Louise will help keep traffic from the residential neighborhood. He asked if any effort was made to talk to anyone from the nearby apartments. Senior Planner Jackie C. Young Lind replied no. Director Sharon Fierro reported that the adjacent residential properties are owned by Kirkorian Enterprises. Chair Rocha expressed concern about a sign as large as four by four. He said that if a restaurant goes on site the parking paradigm would change. Campbell Planning Commission Minutes for January 23, 2007 Page 8 Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Francois, the Planning Commission Adopted Resolution No. 3790 granting a Site and Architectural Review Permit (PLN2006-150) to allow the remodel of a commercial building on property owned by Green Valley Corporation dba Barry Swenson Builder located at 1400 W. Campbell Avenue, with the following changes: . Change Condition 2 by adding to the end of the first sentence "for review and approval by the Community Development Director;" . Remove Conditions 2b and 2c; . Clarified the conditions to ensure continued maintenance of both on and off-site landscaping; and . Allow the reduction of parking by no more than three spaces if required to meet the on-site grading standard (C3); by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Rocha and Roseberry None None Gibbons NOES: ABSENT: ABSTAIN: Chair Rocha advised that this action is final unless appealed in 10 calendar days. Commissioner Gibbons and City Attorney Seligmann returned to the Council Chambers following the conclusion of Agenda Item No.1. *** Chair Rocha read Agenda Item NO.2 into the record as follows: 2. PLN2006-178 Morelan, J. Public Hearing to consider the application of Mr. Jim Morelan, on behalf of Mr. Steve Vidlock, for a Conditional Use Permit (PLN2006-178) to allow the establishment of an interior auto sales use in approximately 1 ,465 square feet of an existing office/warehouse building on property owned by Sophie, LLC, located at 529 Forman Drive 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: Steve Prosser, Planner I Campbell Planning Commission Minutes for January 23, 2007 Page 9 Mr. Steve Prosser, Planner I, presented the staff report as follows: . Reported that the applicant is seeking approval of a Conditional Use Permit to allow interior auto sales. . Described the project site as being on the west side of Forman Drive. . Said that surrounding uses are industrial to the south and west, a mobile home park to the north and industrial/multi-family residential to the east. . Explained that the site was formerly occupied by a machine shop between 1998 and 2006. . Advised that the use is consistent with the M-1 zoning with approval of a Use Permit. . Described the business as consisting of one employee and four vehicles. Customers will be by referral and/or appointment only. Operational hours are between 8 a.m. and 6 p.m. Nothing is to occur on site between 11 p.m. and 6 a.m. . Said that the parking requirement is 1 space per 200 square feet plus one per employee. The use requires 26 spaces and 27 are provided. . Stated that since there are no exterior changes this item was not considered by SARC. . Asked that the Commission find this project Categorically Exempt under CEQA as it represents minor alterations to an existing structure. . Suggested the adoption of a Resolution approving this Use Permit. Commissioner Doorley asked Planner Steve Prosser if there have been any issues with the three to four other such uses approved recently. Planner Steve Prosser replied no. There have been neither any Code Enforcement complaints nor any calls in to the Planning Department. Chair Rocha opened the Public Hearing for Agenda Item No.2. Mr. Jim Morelan, Project Architect and Representative: . Said that his client, Steve Vidlock, is also present. . Said that they have read the proposed conditions and have no objections. . Requested approval. Chair Rocha closed the Public Hearing for Agenda Item NO.2. Commissioner Francois: . Stated that during his site visit he was impressed with this site. It is clear, gated and well landscaped. It is a nice building. . Said that this new business would offer tax revenue and be an asset to the City. . Stated his support for this request. Chair Rocha: Campbell Planning Commission Minutes for January 23, 2007 Page 10 . Agreed but pointed out that other nearby properties are not so well maintained. · Said that he wanted to make sure that this applicant understands that no repairs or body work can be done at this location. Additionally, all work is to be done inside the building. . Stated his support for this project. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Roseberry, the Planning Commission Adopted Resolution No. 3791 granting a Conditional Use Permit (PLN2006-178) to allow the establishment of an interior auto sales use in approximately 1,465 square feet of an existing officelwarehouse building on property owned by Sophie, LLC, located at 529 Forman Drive, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Rocha advised that this action is final unless appealed in 10 calendar days. *** Chair Rocha read Agenda Item NO.3 into the record as follows: 3. PLN2006-176 PLN2007 -02 Benetollo, E. Public Hearing to consider the application of Ms. Elizabeth Benetollo, on behalf of Tigelleria, LLC, for a Conditional Use Permit (PLN2006-176) and Planned Development Permit (PLN2007 -02) to allow on-sale beer and wine sales in conjunction with a new Italian Restaurant on property owned by Fourth Campbell Corner, LP, located at 76 E. Campbell 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: Kimberly Brosseau, Planner /I Chair Rocha opened the Public Hearing for Agenda Item No.1. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission CONTINUED TO A DATE CERTAIN (FEBRUARY 13, 2007) consideration of a Conditional Use Permit (PLN2006-176) and Campbell Planning Commission Minutes for January 23, 2007 Page 11 Planned Development Permit (PLN2007 -02) to allow on-sale beer and wine sales in conjunction with a new Italian Restaurant on property owned by Fourth Campbell Corner, LP, located at 76 E. Campbell Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Rocha and Roseberry None None None Francois, Gibbons, NOES: ABSENT: ABSTAIN: *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Said that Council had an agenda on January 16th filled with items originally reviewed by the Planning Commission. · Reported that the Gera Planned Development Project on First Street was approved; the Salmar Planned Development Project was approved: the RV Cloud modification to its readerboard sign was approved; Weed Abatement was approved and Authorization to Proceed with a General Plan Amendment was granted for the Winchester Senior Housing Project to allow Alzheimer units whereas under current Land Use these Alzheimer units are not allowed. Commissioner Doorley asked for clarification that General Plan Amendments are not often done for a specific development project. Director Sharon Fierro said that the City does not have many General Plan Amendments and are allowed under State law to have up to four per year. That number is never exceeded. Senior Planner Jackie C. Young Lind said that only two were done last year, including an Authorization to Proceed to allow a medical facility. Director Sharon Fierro: · Said that there are three items on the next agenda. · Reminded that there will be a Study Session on Tuesday, January 30th, at 6:30 p.m. to discuss issues of the Downtown including ABC licenses, late night uses, etc. · Said that a copy of the Downtown Development Plan would be provided and each Commission would be asked to mark their copy up and bring it to the Study Session. · Added that staff will have a report on existing ABC licenses and late night Use Permits. Campbell Planning Commission Minutes for January 23, 2007 Page 12 · Said that additionally, staff can schedule a Study Session on the Winchester Project. Chair Rocha stated that this is a very significant project. Senior Planner Jackie C. Young Lind said that before that Study Session she wants to send the project plans on to the City's Architectural Advisor to get comments. Commissioner Gibbons said that the Planning Commission needs to see things early perhaps even before feedback is solicited from the Architectural Advisor. She expressed some concern that the project specific information provided to Council for the Winchester Senior Housing Project may have been premature. Director Sharon Fierro clarified that the applicant went to Council independently with their plans. Senior Planner Jackie C. Young Lind said that she specifically noted in her presentation to Council that there are issues including mass and scale. The emphasis before Council was on the General Plan Amendment. She stressed the importance of allowing the Architectural Advisor to review the project plans for issues of site planning and massing. Commissioner Gibbons said that the Study Session should occur before the Advisor is consulted. The Commission needs a shot at it first. Commissioner Ebner said he concurred wholeheartedly. Chair Rocha agreed and said this project will have a significant impact on Rincon. There are a multitude of issues and the sooner the Commission sees this project the better. Senior Planner Jackie C. Young Lind urged the Commissioners to bring their thoughts to the Study Session upon review of plans and other materials. It would be helpful to staff to have concrete input. Director Sharon Fierro said that staff would schedule a Study Session, collect comments from the Commission and then forward the project to the Architectural Advisor. Commissioner Gibbons asked if the Study Session topics on January 30th would include Winchester Boulevard. Director Sharon Fierro replied no, just Downtown. Campbell Planning Commission Minutes for January 23, 2007 Page 13 Commissioner Gibbons said that Winchester is an important component of the community and sets the tone for an important intersection in our community. She added that this is a huge project. She said it is important to have a Study Session about Winchester before this project to have a context. Director Sharon Fierro cautioned that there is no money for a Study on Winchester like what was done for the East Campbell Avenue Master Plan. This area is going to have to be played by ear. Commissioner Gibbons stressed that this is such a major project in a critical location. It offers a tough challenge. Commissioner Roseberry said that this sounds like a big and important project and that he knows nothing about it yet. He suggested that staff provide some background information at the January 30th Study Session at the end of the agenda. Commissioner Alderete: · Said that he fully understands and supports Council's action on the RV Cloud sign except for allowing the use of red background color. · Added that he was disappointed to see that red backgrounds would now be allowed. · Stated that now the only way to avoid it is through voluntary action on the part of RV Cloud. · Mentioned the conditions on a nearby property to Agenda Item 2. Commissioner Ebner pointed out that lots of cars are double parked in the area. Planner Steve Prosser said that there is an active code enforcement case and a joint task force with the Police Department. This is an on-going legal matter including the potential for criminal enforcement. Commissioner Francois asked for the status on the League of California Cities Planners Institute. Director Sharon Fierro said that the Commission needs to help develop a policy to determine which member can attend this year. Should it be the Chair? The Vice Chair? The newest member? Campbell Planning Commission Minutes for January 23, 2007 Page 14 ADJOURNMENT The Planning Commission meeting adjourned at 9 p.m. to the next Regular Planning Commission Meeting of SUBMITTED BY: APPROVED BY: ATTEST: MichaS Rocha, Chair ~~?