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PC Min - 02/13/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY FEBRUARY 13, 2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of February 13, 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: Michael Rocha Bob Roseberry Bob Alderete Mark Ebner Tom Francois Elizabeth Gibbons Commissioners Absent: Commissioner: George Doorley Staff Present: Community Development Director: Senior Planner: Planner II: Planner I: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind Kimberly Brosseau Steve Prosser William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission minutes of the meeting of January 9, 2007, were approved. (6-0-1; Commissioner Doorley was absent) COMMUNICATIONS There were no Communications Items. Campbell Planning Commission Minutes for February 13, 2007 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no Oral Requests. *** PUBLIC HEARINGS Chair Rocha read Agenda Item No. 1 into the record as follows: 1 . PLN2006-186 Chong, S. Public Hearing to consider the application of Mr. Sung Hoom Chong, on behalf of Mr. Yeong Jai Choi, for a Conditional Use Permit (PLN2006-186) to allow the establishment of a Kumdo Martial Arts facility within an existing shopping center on property owned by Joseph F. Alves, Trustee et ai, located at 140 N. San Tomas Aquino Road 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: Steve Prosser, Planner I Mr. Steve Prosser, Planner I, presented the staff report as follows: . Stated that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a martial arts studio in an existing commercial center located at 140 N. San Tomas Aquino Road. . Described the project site as being at the northeast intersection of West Campbell Avenue and San Tomas Aquino Road within the San Tomas Plaza. . Said that the surrounding uses are commercial and residential to the south and west and residential to the east and north. . Advised that the previous use of this tenant space was a framing shop. . Stated that the General Plan land use designation is Neighborhood Commercial and the Zoning is C-1 S (Neighborhood Commercial). The zoning allows for health and fitness facilities with approval of a Use Permit. . Said that there are no exterior changes proposed. . Informed that operational hours are between 10 a.m. and 10 p.m. No activity will occur on site between 11 p.m. and 6 a.m. . Reported that the parking requirement is one space per 150 square feet. For this tenant space, 17 spaces are required. The shopping center has 505 shared parking spaces and there is no impact anticipated by this use. . Advised that a condition of approval has been drafted that requires the applicant to advise clients not to park adjacent to the residential area after 7 p.m. to avoid noise impacts on those residences. Campbell Planning Commission Minutes for February 13, 2007 Page 3 . Said that there was no SARC review required. . Recommended that the project be found to be Categorically Exempt under CEAQ and that a resolution is adopted approving this Use Permit. . Advised that the applicant and the property owner's representative are present and available for questions. Chair Rocha opened the Public Hearing for Agenda Item No.1. Chair Rocha closed the Public Hearing for Agenda Item NO.1. Upon motion of Commissioner Francois, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3792 approved a Conditional Use Permit (PLN2006-186) to allow the establishment of a Kumdo Martial Arts facility within an existing shopping center on property located at 140 N. San Tomas Aquino Road, by the following roll call vote: AYES: Motion: NOES: ABSENT: ABSTAIN: Alderete, Ebner, Roseberry None Doorley None Francois, Gibbons, Rocha and Chair Rocha advised that this action is final unless appealed in 10 calendar days. *** Chair Rocha read Agenda Item No. 2 into the record as follows: 2. PLN2006-192 Azimian, A. Public Hearing to consider the application of Mr. Ali Azimian for a Conditional Use Permit (PLN2006-192) to allow the establishment of an Ace Hardware Store within an existing shopping center on property owned by Joseph F. Alves, Trustee et ai, located at 148 N. San Tomas Aquino Road 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: Kimberly Brosseau, Planner /I Ms. Kimberly Brosseau, Planner II, presented the staff report as follows: . Reported that the applicant is seeking approval of a Use Permit to allow the establishment of an Ace Hardware Store exceeding 10,000 square feet within San Tomas Plaza Shopping Center. Campbell Planning Commission Minutes for February 13, 2007 Page 4 . Said that the Zoning is C-1-S (Neighborhood Commercial) and the General Plan land use designation is Neighborhood Commercial. . Advised that a sign permit would be handled separately. . Recommended that the project be found Categorically Exempt under CEQA and that a resolution be adopted approving this Use Permit. . Informed that the applicant is present and available for questions. Chair Rocha opened the Public Hearing for Agenda Item NO.2. Chair Rocha closed the Public Hearing for Agenda Item No.2. Commissioner Roseberry said that he is glad to see an old-fashioned hardware store coming to Campbell. He expressed his support. Chair Rocha said that he agreed that this is a good addition. Commissioner Francois said that he too is tickled to see this new Ace Hardware located close to home. He said he is excited to have this new store. Commissioner Ebner agreed and asked for clarification on the delivery time limitations. Director Sharon Fierro said that deliveries would be restricted to the hours of 8 a.m. and 5 p.m. via the conditions of approval in order to limit noise impacts on the adjacent neighbors. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission Adopted Resolution No. 3793 approved a Conditional Use Permit (PLN2006-192) to allow the establishment of an Ace Hardware Store within an existing shopping center on property located at 148 N. San Tomas Aquino Road, by the following roll call vote: AYES: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley 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: Campbell Planning Commission Minutes for February 13, 2007 Page 5 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 general on-sale liquor 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 1/ Ms. Kimberly Brosseau, Planner II, presented the staff report as follows: . Reported that the applicant is seeking a Use Permit to allow general on-sale liquor sales with a new Italian Restaurant. The liquor sales would be incidental to the restaurant operations. Additionally, an Administrative Planned Development Permit approval is required to allow a change of use from retail to restaurant since the zoning is P-D (Planned Development). . Stated that this request is consistent with the C-3 Zoning requirements and Central Commercial General Plan land use designation. . Explained that a conditions of approval address noise and operation hours to minimize impacts on the nearby residential area. . Pointed out that a letter for the adjacent neighbors has been included in the staff report. . Said that the proposal is for 32 restaurant seats that results in a parking requirement of 11 spaces. There are 12 on site. Per Code, this applicant is not required to provide additional parking to the parking level that the previous tenant had as long as this tenant was not intensifying the use of the site. . Stated that signs would be handled separately at staff level. . Recommended that this request be found Categorically Exempt under CEQA and that a resolution be adopted approving this Conditional Use Permit and Administrative Planned Development Permit. . I nformed that the applicant is present and available for questions. Commissioner Roseberry said he did not understand the explanation for parking requirements. Director Sharon Fierro said that this site is located in the Downtown. While it is zoned P-D (Planned Development) it falls within the Central Business District land use designation under the General Plan. There is a provision to encourage restaurants and retail uses in the Downtown that allows this space to be converted into a restaurant use without being penalized for parking. The Campbell Planning Commission Minutes for February 13, 2007 Page 6 restaurant owner is not required to provide new parking but cannot reduce the existing number of spaces. Commissioner Alderete said that this is actually an unnecessary statement as it simply means that this new use has a lower requirement than the previous use. He asked for clarification that the required number of spaces is 11. Planner Kimberly Brosseau replied correct, one space for every three seats. Commissioner Alderete pointed out that the material provided by the applicant mentions 60 seats. Planner Kimberly Brosseau said that this was their original submittal that has since been modified and number of seats reduced. Commissioner Alderete asked for clarification that with this Use Permit the total number of seats is 32. Planner Kimberly Brosseau replied correct, the restaurant is not to exceed 32 seats. Chair Rocha: . Said that he agrees that the language on parking is difficult to understand. . Said that with only 12 spaces, once the restaurants employees take six there are only six left available for patrons. . Pointed out that this neighborhood is already parking impacted. . Reminded that a laundromat applicant previously came through for this site and was denied. . Stated that if on-site parking is inadequate the adjacent residential neighborhood cannot be asked to absorb that parking demand. . Said that there is no parking on Campbell Avenue in front of this restaurant. Director Sharon Fierro reminded that per Code, this use cannot be required to provide additional parking. To do so requires an amendment to Code. Commissioner Gibbons asked about the proposal to paint the building red. Planner Kimberly Brosseau said that she does not know at this time and would defer that question to the applicant. Chair Rocha opened the Public Hearing for Agenda Item NO.3. Mr. Daniel Sarkisian, 38 S. Fourth Street: . Advised that he lives next door to this proposed restaurant. . Said that he too is a small business owner and understands parking concerns. He supports small businesses and this restaurant. Campbell Planning Commission Minutes for February 13, 2007 Page 7 . Said that he is trying to recommend that business owners have their employees park off-site in the City garage. If not, six of the spaces available on site would be utilized by employees before any customers can park. . Reported that parking impacts are only bothersome when his family is expecting company at home. · Advised that there is no stop or yield sign at Sanford coming onto Fourth and that this is dangerous with numerous near miss accidents. · Said that it might be a good idea to put such a sign in place there to prevent accidents. . Reiterated that he is supportive of this new restaurant and looks forward to patronizing it. Commissioner Alderete asked Mr. Dan Sarkisian if he is immediately next door to the parking lot for this site. Mr. Dan Sarkisian said yes. Commissioner Alderete asked Mr. Dan Sarkisian if he has experienced any noise issues from this parking lot. Mr. Dan Sarkisian said that they have been minimal. There is more of a noise impact from a metal plate located on the street on Campbell Avenue. He said that the only parking concerns for his household is when they are expecting company. Commissioner Alderete asked that staff make a note to check that noisy metal plate on Campbell Avenue through the Public Works Department. He asked Mr. Dan Sarkisian if he has parking observations of the existing lot conditions and if there are a number of cars there during the day and/or in the evening. Mr. Dan Sarkisian said that the only problem may be the weekend, particularly Saturday. Daytime use is minimal. He reported that at 5:30 p.m. this evening there were four cars and others on the street. The street parking is employees because he recognizes their cars. Commissioner Ebner asked Mr. Dan Sarkisian if he has lived in this home for about a year now. Mr. Dan Sarkisian replied yes. Ms. Elizabeth Benetollo, Applicant: . Said that she understands the parking concerns. . Stated that she would force her workers to park away from the site and that her husband travels by his bicycle. . Assured that she would enforce that provision to use the parking garage. Campbell Planning Commission Minutes for February 13, 2007 Page 8 Chair Rocha encouraged Ms. Elizabeth Benetollo to work with her neighbors and applauded her obvious willingness to do so. Ms. Elizabeth Benetollo: . Said that she also would try to convince her landlord to have all other employees for the other two businesses on site also park away from the site. . Agreed with Mr. Dan Sarkisian that the metal plate on Campbell Avenue is terrible and noisy. . Advised that the paint color she is proposing for the exterior is a pinkish red color that is a traditional Italian color. Commissioner Gibbons asked if the entire exterior would be painted. Ms. Elizabeth Benetollo replied that they would paint the exterior of the portion of the building that she is renting. Commissioner Ebner asked Ms. Elizabeth Benetollo where she feels her clientele will come from, nearby or drive in. Ms. Elizabeth Benetollo said that the age group they are targeting ranges between 30 and 60 years of age. She said that she hopes that nearby residents and business patrons will also stop at her restaurant. Commissioner Francois asked Ms. Elizabeth Benetollo what the concept is for her business and food. Ms. Elizabeth Benetollo said that Tigelleria is an Italian-style sandwich. It consists of small sandwiches that are cooked. They seek to provide the best combination of food and wine that will include different cheeses, sauces and specific wines to compliment the taste. This will be a new dining experience using very typical organic ingredients from Italy. Commissioner Francois told Ms. Elizabeth Benetollo that he appreciates her willingness to have her employees park in the City garage. Commissioner Alderete said that this sounds like interesting food and asked Ms. Elizabeth Benetollo the number of employee cars she anticipates. Ms. Elizabeth Benetollo said that including her husband and herself she anticipates a maximum of six employees. She said that it would depend on the number of customers. Since this food can be prepared fast, it does not take a lot of cooking staff and results in fast service of between 5 and 10 minutes. She added that the number of employees can best be determined once the restaurant is open. Campbell Planning Commission Minutes for February 13, 2007 Page 9 Commissioner Alderete asked what the maximum anticipated staffing level might be. Ms. Elizabeth Benetollo replied six. Mr. Quynh Tran, Project Architect: . Explained that his clients are planning on two tables of outdoor seating on the sidewalk, increasing the seating to 40. . Questioned if this would in turn raise the parking requirement to 17? Chair Rocha said that on-street parking cannot be taken into consideration. He added that placing tables on the sidewalk is another issue. Mr. Quynh Tran said that his clients would like to expand their operational hours from 10 p.m. to 11 p.m. He said that while live music is not planned they would like the option to have a guitarist or jazz musician on site. Chair Rocha said that these are new elements and asked staff for direction. Director Sharon Fierro said that live entertainment consisting of four or fewer players is permitted in the Downtown as long as there is no DJ. Commissioner Alderete reminded that the conditions of approval limit seating to 32 maximum. The conditions also state that no outdoor seating is permitted. Chair Rocha closed the Public Hearing for Agenda Item NO.3. Commissioner Alderete: . Said that this will be a real gem and prize for the City. It will be a nice cultural addition to the Downtown area. . Said that there are pre-existing parking issues impacting the immediately adjacent residential uses. . Said that he has his own parking observations to offer. The businesses to the west have limited parking to the back of the building. That parking is consumed by employees or storage. . Said that there are 10 on-street parking spaces, seven of which have two- hour parking limits. He said that last night he noticed that all spaces were being used by dance studio and art class patrons. . Reiterated that a parking problem already exists. . Added that it is difficult to support with parking issues. . Questioned how to condition the requirement that employees park off site. . Suggested perhaps approving a limited time Use Permit requiring the applicant to come back for review in a year or two. Campbell Planning Commission Minutes for February 13, 2007 Page 10 Commissioner Francois: . Said that he has no problem allowing operations to 11 p.m. . Stated that he is enthusiastic about this new restaurant. · Said that there is not a lot that can be done about the issue of parking under the current Zoning regulations unless those regulations are changed. · Suggested that it is in the best interests of this business owner to have her employees parking off-site. . Stated his support. Planner Kimberly Brosseau reminded that business hours to 10 p.m. allows one hour with employees on site for clean up following closing to the public. If the restaurant is to remain open to the public to 11 p.m., this restaurant would need a Use Permit for extending operational hours beyond 11 p.m. Commissioner Roseberry asked for the location of the trash enclosure. Planner Kimberly Brosseau pointed the location out on the site plan. Commissioner Gibbons asked about exterior improvements not being reviewed by SARC. Planner Kimberly Brosseau said that they propose to change out the door and windows. The Use Permit this evening is for the general on-sale liquor license. Senior Planner Jackie C. Young Lind reported that this applicant has been working with Francine Principe in the Redevelopment Agency on her storefront improvement plans. Commissioner Gibbons agreed that the Redevelopment Agency has an excellent program for storefront improvements. Commissioner Roseberry: . Said that excellent points have been raised by Commissioner Alderete. . Stated that Downtown parking will always be a challenge and that the City's parking structure is a best-kept secret to this point. . Said that this restaurant will add value to the City of Campbell's Downtown. . Advised that he does not want to discourage or make it difficult to open a nice restaurant in Campbell. . Added that he is pushing for this proposal and that his concerns are fixable. . Suggested drafting a condition of approval from the voluntary suggestion of the applicant to require her employees to park at the parking garage. . Stated that since the garage is only 200 feet away that requirement would not be a burden on the employees. . Said that it might be a good idea to have a sign posted in the restaurant encouraging patrons to utilize the City's parking garage. Campbell Planning Commission Minutes for February 13, 2007 Page 11 . Said that the color change can best be addressed by a joint review by the Redevelopment Agency and the Community Development Director. . Said that he is okay with an 11 p.m. closing time. . Stated that he is in favor of giving them what they've asked for. . Said that outdoor seating adds atmosphere although the sidewalk at this area is only eight-feet wide. . Encouraged approval. City Attorney William Seligmann said that parking in the garage can be done but enforcement could become a problem in the future if the garage becomes full. He suggested language, "Employees shall not park in the on-site lot or in the adjacent residential neighborhood." Commissioner Ebner: . Said he welcomes this new business and has similar parking concerns on his own street (Milton) when there are big events at the Community Center field. . Said he has no problem with an 11 p.m. closing time. . Added that he loves outdoor seating and experienced that many times over the last 30 years when visiting in Europe. Commissioner Francois asked about the business versus operational hours and the impacts of staying open to 11 p.m. Planner Kimberly Brosseau explained that if the business stays open to the public to 11 p.m., they would except operational hours allowed except with a Use Permit for extended operational hours. Director Sharon Fierro said that a late night permit was not noticed for this evening's meeting and cannot be acted upon tonight. She said that outdoor seating is permitted in the Downtown with certain clearances. This is processed and approved at staff level. Commissioner Alderete asked if the outdoor seating must occur on private property. Director Sharon Fierro replied no. Commissioner Alderete asked for clarification that late night hours permit is required after 11 p.m. Director Sharon Fierro replied yes. Commissioner Alderete asked why business versus operational hours is discussed separately. Campbell Planning Commission Minutes for February 13, 2007 Page 12 Senior Planner Jackie C. Young Lind said that they are deliberately discussed separately to better identify how late activity occurs at a business location. City Attorney William Seligmann said that Condition 16 can be eliminated if the consideration of allowing outdoor seating is to be left available. Commissioner Alderete asked if limits to the number of outdoor seats should be imposed. Director Sharon Fierro replied that the Code is very specific. Commissioner Alderete asked how the addition of outdoor seating might change the parking requirement. Planner Kimberly Brosseau replied that for every three seats an addition parking space is required. City Attorney William Seligmann reminded that as conditioned this Use Permit will allow a maximum of 32 seats. Commissioner Roseberry asked if 32 seats is the absolute maximum. Planner Kimberly Brosseau replied yes, so as not to increase parking demand from the original requirement. Commissioner Gibbons: . Said that she supports this restaurant as it offers nice diversity. However, the location is problematic being adjacent to residential. . Advised that she is okay with the operational hours and business hours being concurrent to 11 p.m. with the condition that the Community Development Director has the ability to reduce hours to 10 p.m. if problems arise. . Stated that typically noise impacts stem from use of back doors and dumping of garbage particularly glass in the recycle containers. . Pointed out that outdoor seating is covered under other sections of Code. . Supported the deletion of Condition #16 as long as the Community Development Director has the opportunity to review in addition to Redevelopment staff. Director Sharon Fierro replied yes, she does. Commissioner Ebner said he agrees with Commissioner Gibbons. Commissioner Alderete asked the Commission if any of them has thoughts about his proposal for a limited duration Use Permit approval with an expiration date. Campbell Planning Commission Minutes for February 13, 2007 Page 13 Commissioner Roseberry said that this idea has been discussed before. While he does not have problems with some sort of review process, there are measures and remedies available in the event problems crop up that takes care of any concerns he might have. Commissioner Gibbons asked if it is possible to have a review triggered by change of ownership. She pointed out that a concern over having an existing owner come back for review is the cost of filing fees. City Attorney William Seligmann advised that based upon case law the City cannot use change of owner as a basis for review. Commissioner Alderete: . Stated that businesses in the Downtown are unique. . Said that he would like to see some way of revisiting and holding the ability to revise conditions based on how things go. . Pointed out that parking is a problem already. . Stated that he is glad that this applicant is willing to have her employees park off site. He added that he would not have supported this Use Permit without that willingness. . Added that in reality the parking garage is not convenient for this site. . Reported that he has visited the Downtown a couple of times recently over the weekend between midnight and 2 a.m. . Stated that he was shocked by what he saw. It was a sobering experience to see what is going on Downtown. . Said that Code Enforcement in the City is a passive complaint-driven system. . Suggested that the Commission should be careful was it approves going forward. Commissioner Roseberry suggested some sort of trigger to review this Use Permit be it time frame and/or number of complaints. Chair Rocha: . Said that this could be looked at down the road. . Reported that when he walks his dog on Sundays between 6 and 8 a.m. he observes a large number of beer bottles and cans. . Added that while he is very supportive of the concept of this restaurant, he would not have supported this request without having met the applicant and receiving assurances over operations including parking. . Stated that he hopes this restaurant is successful and respects their nearby residential neighbors. Commissioner Gibbons suggested that when considering the motion the Commission consider adding a condition of approval to allow the Community Development Director to modify the hours. Campbell Planning Commission Minutes for February 13, 2007 Page 14 City Attorney William Seligmann suggested changing Finding #8 to reflect business hours to 11 p.m. on Friday and Saturday. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Francois, the Planning Commission took the following actions: . Adopted Resolution No. 3794 approving a Conditional Use Permit (PLN2006-176) to allow general on-sale liquor sales in conjunction with a new Italian Restaurant with modifications to the conditions as follows: o Condition #4 & #5 - shall be edited to reflect business and operational hours to 11 p.m. on Friday and Saturday. o Delete Condition #16 regarding outdoor seating; and . Adopted Resolution No. 3795 approving an Administrative Planned Development Permit (PLN2007 -02) to allow a change of use from retail to restaurant, on property located at 76 E. Campbell Avenue, by the following roll call vote: AYES: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None NOES: ABSENT: ABSTAIN: Chair Rocha advised that this action is final unless appealed in 10 calendar days. *** 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 denied an appeal and upheld the Commission's action to allow a residential addition at 1550 Archer Court. . Advised that the CIP will be reviewed by the Commission on March 13th instead of February 27th. . Said that the Redevelopment Agency is working with Public Works to have new signage in the Downtown directing people to the available parking. ADJOURNMENT The Planning Commission meeting adjourned at 8:58 p.m. to the next Regular Planning Commission Meeting of February 27, 2007. Campbell Planning Commission Minutes for February 13, 2007 Page 15 SUBMITTED BY: orinne A. Shinn, Recording Secretary APPROVED BY: , ;/luJk(~ Michael Rocha, Chair ATTEST: ~~se~