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PC Min - 02/27/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY FEBRUARY 27, 2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of February 27, 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 George Doorley Tom Francois Elizabeth Gibbons Commissioners Absent: Commissioner: Mark Ebner Staff Present: Senior Planner: Associate Planner: Planner I: City Attorney: Recording Secretary: Jackie C. Young Lind Tim J. Haley Steve Prosser William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of February 13, 2007, were approved. (5-0-1-1; Commissioner Ebner was absent and Commissioner Doorley abstained) COMMUNICA liONS 1. Letter in support of Agenda Item No.2. 2. Revised Conditions of Approval for Agenda Item No.2. Campbell Planning Commission Minutes for February 27, 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. PLN2006-109 Firsty, W. Public Hearing (referred back to the Planning Commission by City Council) to consider revised plans for the application of Mr. Wayne Firsty for a Variance (PLN2006-1 09) to a required garage setback to allow a single-family addition on property owned by Wayne and Julie Firsty located at 1124 Bent Drive in an R-1-6 (Single Family Residential) 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: . Stated that the applicant is seeking approval of a Variance to the required garage setback on an existing residential property located on Bent Drive in an R-1-6 Zoning District. . Explained that the typical setback for a garage is 25 feet. . Said that the applicant is requesting a reduced setback of 22 feet, 3 inches. . Pointed out that this property was originally developed under County jurisdiction and does not include street improvements. . Reminded that this applicant was previously before the Planning Commission for a Variance for a setback of 18 feet, 3 inches. The Commission denied that request. The applicant appealed to Council and Council upheld the action of the Commission, denying the appeal without prejudice in order to allow the applicant to return to the Commission with a revised request. . Stated that staff is recommending denial of this Variance request. Commissioner Gibbons asked staff for the interior dimension of this proposed garage. Planner Tim J. Haley replied that the outside dimension is 21 feet, 2 inches. Chair Rocha opened the Public Hearing for Agenda Item NO.1. Campbell Planning Commission Minutes for February 27, 2007 Page 3 Mr. Wayne Firsty, Applicant and Property Owner, 1124 Bent Drive: . Thanked the Commission for the opportunity to present once again. . Explained that this project is quite important to his family. . Said that he and his wife have two young daughters, ages two and five. The family needs larger bedrooms, bathrooms and playroom. . Added that to accommodate that need with the existing house, they need to rotate the garage to face the street. . Said that they last were before the Commission in November and also went before Council on appeal. . Reported that the appeal was denied but he was allowed to return to the Planning Commission with a smaller proposal. . Said that he has taken the feedback from the City and consulted with his architect. They have spent a lot of time on this and considered a number of options including going back into the house to expand the garage without a need for a Variance. They have relocated a closet, water heater and furnace. . Assured that there is no wiggle room in their current proposal. . Reminded that most Commissioners were comfortable with a two to three-foot Variance. . Stated that the purpose of the Planning Commission and the intent of enforcing this garage setback are to keep cars from encroaching on a sidewalk. . Assured that his house would not stick out any more than any other house in his neighborhood. . Pointed out that there is actually 32 feet in setback from the street since there are no sidewalks. . Advised that he has listened to the feedback and is back with a reduced Variance request. . Stated that he is not building a "monster" home here. . Added that they are trying hard to avoid the need for a second story, which would impact his neighborhood much more than this minor Variance in setback. . Said he hoped to address any concerns raised this evening. Mr. Robert J. Williams, 1138 Bent Drive: . Stated that there have been several pieces of correspondence from him. . Explained that the five required findings are the essence of such a decision. . Pointed out that the staff report reflects that there are no "extraordinary" conditions to require a garage setback Variance. . Opined that it is a matter of the role of the Commission in carrying out the law as it applies. Ms. Carol Williams, 1138 Bent Drive: . Said that she is very happy to see neighbors modify their homes and enjoy additional square footage. . Added that many neighbors have done so. Campbell Planning Commission Minutes for February 27, 2007 Page 4 . Cautioned that a Variance sets a precedence that others will want to copy. . Reminded that the look of this neighborhood is what gives it its charm. Chair Rocha closed the Public Hearing for Agenda Item No.1. Commissioner Alderete: . Said that he recognizes the effort and tenacity put forth by Mr. Firsty. . Added that this Commission needs to hear why people agree or disagree with a proposal and not to be told what the rules are. . Reminded that the Commission has the latitude to decide one way or the other. . Agreed that the applicant has made changes as asked. . Said that the result is a small garage. . Stated he would not support this Variance request. Commissioner Doorley: . Pointed out that he was supportive the first time around and still remains supportive of this Variance request that is now a smaller request. . Stated that having less concrete would be more aesthetic than the current curved driveway . Said that this applicant has compromised and that this Variance is preferable to a second story addition. Commissioner Alderete: . Said that this has to be looked at as a home that will be there for years. . Stated that a second story is still possible down the road. Commissioner Gibbons: . Said that this has been a challenge from the beginning. . Stated that five findings are required to support a Variance. . Expressed her concurrence with the staff report that there are no extraordinary circumstances here. . Said that she will not be supportive but if this Variance were to be granted there should be some mention prohibiting second story additions in the future. Chair Rocha said that he has gone back and forth on this. He agreed that there are no extraordinary circumstances so he cannot support this Variance request. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3796 denying a Variance (PLN2006-109) to a required garage setback to allow a single-family addition on property owned by Wayne and Julie Firsty located at 1124 Bent Drive, by the following roll call vote: AYES: Alderete, Gibbons, Rocha and Roseberry Campbell Planning Commission Minutes for February 27,2007 Page 5 NOES: ABSENT: ABSTAIN: Doorley and Francois Ebner None 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. PLN2006-84 PLN2006-96 Abbott, B. Public Hearing to consider the application of Mr. Bob Abbott, on behalf of Chevron Products Company, for a Conditional Use Permit and Parking Exception (PLN2006-84) to allow for the demolition of an existing gasoline station, establishment of a new 24-hour convenience market with beer and wine sales and construction of a new gasoline station and a Sign Exception (PLN2006-96) on property owned by Chevron located at 1589 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 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: . Reported that the applicant is seeking approval of a Conditional Use Permit to allow the construction of a 24-hour convenience market with beer and wine sales, the expansion of the canopy and a Sign Exception for a gasoline price sign larger than allowed under Code. . Described the property as being located on the northwest corner of Hamilton and Bascom Avenues. It is surrounded by a restaurant to the north, a carwash to the west and retail to the south and east. . Said that the General Plan land use designation is General Commercial and the Zoning designation is General Commercial. This use is consistent with issuance of a Use Permit. . Advised that the applicant is also seeking approval of a Sign Exception to allow an additional price sign. . Explained that alcohol sales are limited to the hours of 6 a.m. to 2 a.m. . Said that there are 11 parking space required. There are nine spaces proposed in front of the market and eight spaces at the pumping stations. It is anticipated that many of the customers of the market will also be purchasing gasoline, leaving cars at the pump while making market purchases. . Stated that the Police Department had no objections. Campbell Planning Commission Minutes for February 27, 2007 Page 6 . Said that SARC reviewed this proposal on February 13th and was supportive. . Suggested that this application be found to be Categorically Exempt under CEQA and that the Commission adopt a resolution approving this Conditional Use Permit and Sign Exception. . Reminded that revised conditions have been distributed that correct the numbering sequencing as well as adding a condition imposed by Santa Clara Valley Water District. Commissioner Doorley asked if there was any consideration given to having the structure located at the front of the street like the one across the street. Planner Steve Prosser replied yes. However, there is a required tanker path for refueling that does not allow that configuration on this site. Commissioner Alderete asked for clarification on setbacks. Planner Steve Prosser said that the Commission can require both additional landscaping and/or setbacks. However, this applicant is already providing double the required landscaping that is required for a commercial site. Commissioner Gibbons asked for additional review of the Sign Exception request. Planner Steve Prosser said that there are two monument signs. One monument sign is located along Hamilton Avenue and consists of 50 square feet, which is allowed per the Sign Ordinance. The second monument sign is an additional gas price sign along Bascom Avenue. Code allows 16 square feet for this price sign and the applicant is requesting 26 square feet for this price sign. Commissioner Gibbons asked if this is simply a request to exceed allowable square footage. Planner Steve Prosser replied yes. Commissioner Alderete suggested restricting gas deliveries to the hours between 12 midnight and 5 a.m. as an alternative to the recommendation of 8 p.m. to 12 midnight as appears in the staff report. Planner Steve Prosser explained that the gasoline delivery hours proposed in the staff report came from a previous service station approval but can be modified by the Commission for this specific site. Chair Rocha asked for the liquor sales hours under this Use Permit's liquor license. Campbell Planning Commission Minutes for February 27, 2007 Page 7 Planner Steve Prosser said that ABC's (Alcohol Beverage Control) regulations allow retail sales between 6 a.m. and 2 a.m. No sales can occur between 2 a.m. and 6 a.m. Commissioner Gibbons asked if it would be possible to deny liquor sales outright or restrict hours further. Planner Steve Prosser said he would have to defer to the City Attorney. City Attorney William Seligmann said liquor sales could be denied if the Commission can make findings to show that this is not an appropriate location for liquor sales. The Commission cannot deny liquor sales simply because this is a service station. Commissioner Alderete pointed out that per the staff report the Municipal Code requires that off-site liquor sales establishments be a minimum of 500 feet away from other such uses. He reminded that the Delta Car Wash has incidental sales of alcohol. Chair Rocha reminded that the Campbell Police Department has reviewed this request. Planner Steve Prosser added that the Car Wash alcohol sales are exclusively wine included in gift baskets. Commissioner Roseberry provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on February 13th. . Advised that staff had previously worked extensively with the applicant. . Credited staff with getting a nicer building than was originally proposed by the applicant and including landscaping. . Reported that SARC was supportive of this request. Chair Rocha opened the Public Hearing for Agenda Item No.2. Mr. Bob Abbott, Applicant & Representative for Chevron: . Said that they are supportive of the staff recommendations. . Agreed that they have come up with a design that fits this community. . Said that their one concern is the restriction on tanker delivery hours. . Explained that their gas tanks have sensors that automatically call for supply when the supplies reach a certain level. . Said that they would rather not have delivery hours restricted as deliveries are based upon demand. . Advised that there have been no delivery issues on site thus far. Campbell Planning Commission Minutes for February 27, 2007 Page 8 Commissioner Alderete pointed to the photo-simulation from the staff report and asked where the price signs are depicted on that exhibit. He said the most noticeable things are the news racks. He suggested that the applicant see what can be done about these news stands. Mr. Bob Abbott said that there is one price sign on Bascom at the entrance of the site and prior to the entrance off Hamilton Avenue. He advised that the Business and Professions Code requires gas prices be posted at gasoline stations at each entrance so that buyers are aware of those prices prior to entering the site. Commissioner Alderete asked where the signs are visible. Mr. Bob Abbott said when driving down the street. Chair Rocha asked which sign was designated Sign A. Commissioner Roseberry clarified that the larger monument sigh was on Hamilton Avenue and the price sign was on Bascom Avenue. Chair Rocha closed the Public Hearing for Agenda Item NO.2. City Attorney William Seligman advised that the drafted conclusionary findings need to be modified to reflect the updated Sign Ordinance. The three conclusionary findings provided in the staff report should be replaced with two as follows: . Signs othefWise allowed by Zoning Code would not be visible to the public due to issues of distance or obstructions that are beyond the control of the owner of the site. . Sign will not be increased in size more than necessary to allow the signs to be visible to the public and intelligible to a person of normal sight. Commissioner Alderete asked if the last findings are the conclusionary findings and what the material difference is between the draft and proposed amendments to those conditions. City Attorney William Seligmann replied that the final findings are conclusionary and that the revised language is more definite. Commissioner Roseberry asked who controls newspaper vending machines. Senior Planner Jackie C. Young Lind said that in the downtown there is one consistent style of machine, which is a black standard machine. The City could request a change in these racks but it would be voluntary on the part of this applicant. Commissioner Roseberry asked if these racks are under Chevron's control. Campbell Planning Commission Minutes for February 27, 2007 Page 9 Senior Planner Jackie C. Young Lind replied no, it would just be a request. Commissioner Roseberry said that these racks likely belong to the individual publications. City Attorney William Seligmann cautioned that the Commission cannot condition this project change out these newspaper racks. Commissioner Francois asked whose purview the racks in downtown fell under. Is it the merchants? City Attorney William Seligmann replied that the City regulated them by Ordinance that requires a standardize news rack in the downtown. Commissioner Gibbons said that one reason the racks in front of this Chevron station are so unsightly is because they are located on the edge of the curb. Commissioner Alderete said that while he appreciates SARC's and staffs efforts to change and upgrade the original proposal so that it is more compatible to Campbell, he feels that the changes do not go far enough for him and could be better. Commissioner Gibbons: . Said that the Sign Exception is inappropriate and that she would support denial of that Sign Exception. . Expressed concern about the proliferation of liquor licenses. . Supported the revised hours for deliveries to avoid peak hours at this busy intersection. Those peak hours are well documented by the Traffic Engineer. Commissioner Doorley expressed concurrence with Commissioner Gibbons' comments. Chair Rocha asked if it was within the purview to pull the sign for further work. Senior Planner Jackie C. Young Lind said that the Condition #3 for the Sign Exception could be amended to read that the price sign is not to exceed allowable square footage. City Attorney William Seligmann said that if the question is whether the Commission can take action on the Use Permit and not the Sign Exception this evening, the answer is yes. The Commission can deny the Sign Exception, have the applicant work further with staff and/or continue consideration of the Sign Exception. Commissioner Roseberry: . Said that this is a busy corner. Campbell Planning Commission Minutes for February 27,2007 Page 10 · Reminded that gas stations are State-mandated to have visible price signs. · Said that he has no "heartburn" over the sign as it is only 10 additional square feet from the allowed 16 square feet. . Asked staff if both sides of these signs are counted? Planner Steve Prosser replied that only one side is counted. Commissioner Roseberry reiterated that the price sign is not a deal breaker for him. He said that he would prefer to see the news stands gone. Planner Steve Prosser clarified that the monument sign on Hamilton Avenue is 50 square feet and is allowable with a permit. Chair Rocha asked if the 8 p.m. to midnight hours for delivery are satisfactory hours for the applicant. Planner Steve Prosser replied no. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Francois, the Planning Commission took the following actions: . Adopted Resolution No. 3797 approving a Conditional Use Permit and Parking Exception (PLN2006-84) to allow for the demolition of an existing gasoline station, establishment of a new 24-hour convenience market with beer and wine sales and construction of a new gasoline station with the added condition that gasoline deliveries occur during off-peak hours; and . Adopted Resolution No. 3798 granting a Sign Exception (PLN2006-96) to allow a 26.8 square foot gas price sign with the modified conclusionary findings; on property owned by Chevron located at 1589 S. Bascom Avenue, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Rocha and Roseberry NOES: Alderete ABSENT: Ebner ABSTAIN: None 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 27, 2007 Page 11 3. PLN2006-56 Zien, J. Public Hearing to consider the application of Mr. Jimmy Zien, on behalf of Home Church, for an Administrative Planned Development Permit (PLN2006-56) to allow the continued use of commercial buildings as a church and related support facilities on property owned by Home Church located at 1711 and 1799 s. Winchester Boulevard 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: Steve Prosser, Planner I Mr. Steve Prosser, Planner I, presented the staff report as follows: . Reported that the application is seeking approval of an Administrative Planned Development Permit to allow the continued uses of education, recreation and meeting uses on a permanent basis. The hours of operation are between 8 a.m. and 10 p.m. daily. Between the hours of 11 p.m. and 6 a.m. no noise generating activities may occur on site. . Explained that a limited term Use Permit expired in 2002. . Said that the property was rezoned to P-D (Planned Development) in 2001. . Stated that the uses require 340 parking spaces. The number of spaces provided is 246. Staff has evaluated parking and is confident that sufficient parking is available to service the site. . Advised that street improvements are required including 10-foot sidewalks. . Said that SARC did not review this project as there are no exterior building changes proposed. . Said that the project is Categorically Exempt under CEQA. . Recommended approval of a resolution approving a limited-term Administrative Planned Development Permit for a period not to exceed five years. Commissioner Doorley said that he was under the impression that the request is for a permanent approval rather than a limited term. Planner Steve Prosser explained that the applicant is seeking a permanent approval while staff is recommending a limited-term approval. Commissioner Roseberry asked if there have been any complaints about parking and/or noise impacts from these uses on site. Planner Steve Prosser explained that there have been lighting design standard complaints but no noise complaints. Commissioner Roseberry asked if the lighting issue had been corrected. Campbell Planning Commission Minutes for February 27, 2007 Page 12 Planner Steve Prosser replied that this is an on-going Code Enforcement case. He added that the applicant has worked on attempting to correct this problem. Commissioner Gibbons asked staff to clarify the zoning issue. Planner Steve Prosser: . Explained that the property is zoned P-D (Planned Development). The underlying land use is Central Commercial. Public assembly uses are not listed as an allowed use under that land use. . Said that in 1988 another church obtained a Use Permit for this location. In 2002, several of the center's parcels were combine under one address. Chair Rocha opened the Public Hearing for Agenda Item NO.3. Mr. Mike Millin, Representative for Home Church: . Reminded that 25 years ago a church use was approved for this location. The City's Planning Commission gave the Worship Center a permanent Use Permit that is in effect today. . Said that the parts of this former shopping center owned by Home Church have become a jewel of the City. . Added that they will close escrow on the rest of the center in the future. . Expressed that they were grateful for the efforts of Planner Steve Prosser in his work on this project. . Said that they have concerns with the temporary versus permanent nature of the approval. . Add that in 1981, the Worship Center received permanent use. In 2002, several parcels were put together as a single plat map and merged into the 1711 S. Winchester Boulevard address. . Said that they are not overstepping in asking for a permanent use and requested that the Commission grant the approval as permanent rather than temporary. . Stated that the Home Church's mission and goal is to make the City a better place. . Read from a letter from Campbell Chamber of Commerce President Carl San Miguel in support of this application. Mr. San Miguel outlined the many things that Home Church does to help make Campbell a better place. . Reiterated that this is worthy of a permanent use. Commissioner Gibbons stated that all of the Commissioners are aware of what the Home Church does. She advised that she was on the Commission in 2002 when the Home Church was asked to develop a Master Plan. She asked why this Master Plan has not been developed. Campbell Planning Commission Minutes for February 27, 2007 Page 13 Mr. Mike Millin said that no one is master of the premises right no since the center portion is separately owned. He said that he had read the minutes for 2001 and understood that the concern was the compatibility of the church with the existing retail. Commissioner Gibbons said that it was reasonable for the City to ask Home Church for an overall Master Plan for this large site. She reminded that there had been talk of having housing along Winchester Boulevard and said that it is hard to manage piecemeal development of this site. Commissioner Francois: . Said he disagreed. . Pointed out that he has seen conceptual renderings of the future of this site and they are very well done. . Added that the plan cannot be implemented until the Home Church owns the entire property. . Assured that it is the intent of Home Church to do the right thing. He added that they did the right thing for him during the time of his amputation. . Said that he understands that the City wants to generate revenue with commercial space. . Suggested that the Home Church may be amiable to housing along Winchester in the future but it has to be done in stages. Commissioner Roseberry: . Asked if it would be a "deal breaker" to have a five-year term for the Administrative PD Permit. . Explained that the temporary status protects the City. . Added that it would be easier to get permanent approval with a Master Plan. Mr. Mike Millin: . Said that they are grateful for the five-year time frame that conveys the City's faith in the Home Church. . Explained that there is a cost in bringing the item back to the Commission. . Added that the church believes it is so close to putting this Master Plan together. . Said that it is not a "deal breaker" if this approval is limited to five years. Commissioner Roseberry advised that this does not preclude Home Church from coming back before the Commission before their five-year approval is up. Senior Planner Jackie C. Young Lind confirmed that fact. Mr. Mike Millin said he wanted to ensure that nothing in this Administrative PD Permit under consideration this evening impacts the original 1981 approval for the church sanctuary. Campbell Planning Commission Minutes for February 27, 2007 Page 14 City Attorney William Seligmann said that it is a good idea to modify the Resolution to state that the five-year limitation does not apply to the use of the northern-most building. Mr. George Cash, 1655 S. Winchester Boulevard: . Explained that he is the complainant on the issue of the Home Church lighting. . Advised that their lights acts as a flood light into his apartment. . Reported that he has spoken with Home Church's Jimmy Zien who has done something but not enough to correct this problem. . Asked that no further permit be issued until this problem is corrected. Commissioner Francois pointed to condition of approval #4 that states that on- site lighting shall not create glare on adjacent property, etc. Mr. George Cash said that the site's lighting does not meet Code now. He said that he does not know why they have been allowed to go as long as they have. Senior Planner Jackie C. Young Lind said that Planner Steve Prosser has some information to offer on this issue. Chair Rocha suggested that the issue is out of the purview of the Planning Commission. Mr. George Cash said that correcting the lighting problems could be tied in together with this request. Planner Steve Prosser: . Said that upon receipt of a complaint about the Home Church lighting, he had worked closely with the Home Church. . Reminded that this church was approved approximately 25 years ago and there were different lighting standards at that time. . Added that with any future development plans for the site, it can be conditioned to upgrade to newer design light standards. Commissioner Roseberry asked what lights are being discussed, the parking lot or wall lights. Planner Steve Prosser replied the parking lot lighting. He said that these parking lot lights have since been modified somewhat but not to any significant impact according to the complainant. The church contracted with a lighting contractor to adjust the lights on three occasions. Commissioner Gibbons asked for the City Attorney's input, saying that it is unfortunate that this is an on-going problem. She asked if the parcel with these lights is a separate one or the one under consideration for approval tonight. Campbell Planning Commission Minutes for February 27, 2007 Page 15 Planner Steve Prosser replied that the parcel with these parking lot lights is the same parcel under discussion this evening. Commissioner Doorley asked about what is described as the northern-most parcel. Planner Steve Prosser advised that in 2002 the parcels were merged into one lot from which there were previously five. He reiterated that the sanctuary itself is not under review tonight. Commissioner Doorley asked if the lights in front of the coffee shop are the ones reflecting onto Wesley Manor. Planner Steve Prosser replied yes. Commissioner Alderete said that it is difficult to deal with the frustration experienced by this neighbor. Chair Rocha told Mr. George Cash that the Commission appreciates his having come forward. Chair Rocha closed the Public Hearing for Agenda Item No.3. Commissioner Alderete: . Said that he is supportive of having a permanent permit going forward. . Said that the Commission is talking about Home Church which is known to the community and that serves the greater community. They have a long track record. . Stated his belief that Home Church will accomplish its goals going forward. Commissioner Doorley: . Said that this was truly blighted site and the City is lucky to have Home Church there. . Said he too is comfortable with a permanent approval. . Added that the City is doing okay with its retail tax base. . Informed that it is nearly impossible to build a church anywhere in this Valley. It almost requires bending the rules. . Reiterated that he will be supportive of a permanent approval. Commissioner Roseberry: . Said that he disagrees with Commissioners Doorley and Alderete and looks at this in a slightly different way. . Said that this property was entirely retail. . Cautioned that it could morph into something different. Campbell Planning Commission Minutes for February 27, 2007 Page 16 Commissioner Gibbons said that this is a fairly complex issue. She said that the church is adding a building to the parcel. Commissioner Roseberry said that this has already been done. Commissioner Gibbons: . Said that it is an issue of taking an element of this parcel and whether any approval should be for five-years versus permanent. . Added that also to be considered is whether or not a Master Plan is necessary. . Said that lighting can be discussed if the Commission is talking of this as a single parcel. . Stated that it is important to make clear that the Commission is referring to uses that don't include the sanctuary that was part of the 1981 approval. . Said that since the City is asking for improvements the lighting issue can also be considered this evening. If so, she is amiable to support a permanent approval. Commissioner Fran<fois: . Echoed Commissioner Alderete's comments. . Said that Home Church has been good to the City. They are good neighbors. . Said that the on-site lighting issue is a small issue that will be addressed. . Stated his support. Commissioner Alderete said that this organization (Home Church) whose endeavor is primarily faith is worthy of the faith of this Commission that they will do what is asked of them. He said he has no doubt that Home Church will be around and that they are passionate about what they do. Chair Rocha: . Questioned whether this Commission would do the same for any other developer. . Said that there is a charge by the City for the Commission to apply certain standards. . Added that the City would not have the chance to look at this again if this approval is made permanent. . Stated that five years is a reasonable amount of time. Commissioner Alderete pointed out that the Commission has just approved a Conditional Use Permit for one of the wealthiest companies in the world and made concessions for delivery of fuel for that applicant. He said that he has more confidence in the Home Church. Commissioner Roseberry: . Suggested taking the emotion out of this issue. Campbell Planning Commission Minutes for February 27, 2007 Page 17 . Added that the two applications are different. . Said that this is a case of a former retail center with separate tenant spaces being conglomerated into one. . Stated that a five-year approval gives flexibility to look at this site again. . Agreed that this is a great church. . Said he does not see a down side but that there is a potential risk of making a permanent approval. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3799 approving a permanent Administrative Planned Development Permit (PLN2006-56) to allow the continued use of commercial buildings as a church and related support facilities on property owned by Home Church located at 1711 and 1799 S. Winchester Boulevard, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Alderete, Doorley, Francois and Gibbons Rocha and Roseberry Ebner None 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 made by Senior Planner Jackie C. Young Lind: . Reported that Council met on February 20th but there were no items of specific interest to the Planning Commission on that meeting agenda. . Advised that there is sufficient funding to send one Commissioner to the League of California Cities Planners Institute in March and the Commissioner selected to attend cannot do so after all. Following discussion, it was determined that no one was available. Commissioner Alderete said he would review his calendar to see if he could make time to attend. . Informed that there are two items on the next agenda. ADJOURNMENT The Planning Commission meeting adjourned at 9:40 p.m. to a Study Session immediately following and subsequently to the next Regular Planning Commission Meeting of March 13,2007. Campbell Planning Commission Minutes for February 27, 2007 Page 18 SUBMITTED BY: APPROVED BY: ATTEST: , e A. Shinn, Recording;Secretary Ii y'1 /11/J;J! fJ!14 Michael Rocha, Chair ~ecretary