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PC Min - 05/08/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MAY 8, 2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 8,2007, was called to order at 7:32 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: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Michael Rocha Bob Alderete George Doorley Mark Ebner Tom Francois Elizabeth Gibbons Commissioners Absent: Vice Chair: Bob Roseberry Staff Present: Acting COD Director: Planner II: City Attorney: Recording Secretary: Jackie C. Young Lind Kimberly Brosseau William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Francois, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of April 24, 2007, were approved. (6-0-1; Commissioner Roseberry was absent) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Campbell Planning Commission Minutes for May 8, 2007 Page 2 ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Rocha read Agenda Item No. 1 into the record as follows: 1. PLN2007-39 Bandy, R. Public Hearing to consider the application of Mr. Roman Bandy, Sr., on behalf of Rico's Tacos, for a Conditional Use Permit (PLN2007-39) to allow on sale beer and wine sales in conjunction with an existing restaurant (Rico's Tacos) on property owned by Mr. Leo W. Pursley located at 2523-A 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: Kimberly Brosseau, Planner /I Ms. Kimberly Brosseau, Planner II, presented the staff report as follows: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow for on-sale beer and wine sales within an existing restaurant (Rico's Tacos) located at the Campbell Plaza Shopping Center. . Explained that there are no architectural changes of expansions proposed so no SARC review was required. . Reported that the Campbell Police Department had no objections. . Added that any proposed signs would be handled separately. . Recommended that the Commission find this project to be Categorically Exempt under CEQA and that the Commission adopt a resolution approving this Conditional Use Permit. Chair Rocha opened the Public Hearing for Agenda Item NO.1. Chair Rocha closed the Public Hearing for Agenda Item NO.1. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3807 granting a Conditional Use Permit (PLN2007 -39) to allow on sale beer and wine sales in conjunction with an existing restaurant (Rico's Tacos) on property owned by Mr. Leo W. Pursley located at 2523-A S. Winchester Boulevard, by the following roll call vote: Campbell Planning Commission Minutes for May 8, 2007 Page 3 AYES: NOES: ABSENT: ABSTAIN: Alderete, Doorley, Ebner, Francois, Gibbons and Rocha None Roseberry None Chair Rocha advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Rocha read Agenda Item NO.2 into the record as follows: 2. PLN2006-145 Goldberg, Z. Public Hearing to consider the application of Mr. Zachary Goldberg, on behalf of Lexor Builders, for a Master Sign Plan (PLN2006-145) for a new commercial building on property located at 2135 and 2145 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: Jackie C. Young Lind, Acting Director Ms. Jackie C. Young Lind, Acting Director, presented ~he staff report as follows: . Advised that the applicant is seeking approval of a Master Sign Plan for a new commercial building on the southwest corrtter of Rincon Avenue and Winchester Boulevard. . Informed that this project was approved by Council on November 21, 2006. One issue had to be resolved, that of the req~ested Underground Utility Waiver. A new procedure was developed and an In-lieu fee has been paid. . Reported that the building plans for this new buildirg were approved today. . Said that the applicant had also submitted plans fqr a Master Sign Plan. . Reminded that this building fronts on Winchester With parking located behind. . Added that the applicant is proposing signs along the Winchester frontage as well as facing the rear of the building so that tenant spaces are easily identified by customers parking at the rear parkilhg lot. Additionally, for the two corner tenants, it is proposed that there be a sign at each end of the building. . Explained that this amount of signage is more thar1l is typically allowed. . Described the signs as Type A and Type B. One consists of 18-inch and the other 24-inch copy height. The maximum sign area per tenant space would be up to 54 square feet based upon one square foot per lineal square feet of frontage. Campbell Planning Commission Minutes for May 8, 2007 Page 4 . Said that the distinction has to be made that if the sign is a box sign, the size measured is the box. If individual letters are used!, the height of the letters is measu red. . Recommended approval and advised that the applicant, Zachary Goldberg, is present this evening. Commissioner Doorley asked for clarification that the ,applicant wants sign age on the street frontage as well as for the rear elevation where the parking is located. He asked for verification that the Winchester frontage would be the main access to these tenant spaces. Acting Director Jackie C. Young Lind said that the individual suite plans have not yet been received and she would defer this question to the applicant. Commissioner Gibbons said that she wanted to reiterate Commissioner Doorley's question. The issue here is that the building has been brought forward on the site but she does not want to see ~hese tenanti, spaces to end up using the Winchester frontage side simply for storage and not for access. She gave some examples where that has occurred such as the 'corner of Winchester and Hamilton where the Kinko's is located. Chair Rocha mentioned that the building at Winche~ter & Budd has the same situation. Commissioner Gibbons: . Said that she wanted to clarify the issue of sign b~ckground area versus size of script. . Reminded that this issue has been discussed in: the past. The area of the wording and not the letter size is what constitutes ~he area of the sign. . Stressed that she wants to make it clear that area ,S what is counted. . Expressed concern that the use of massive sign~ge on the rear elevation is promoting rear access rather than from the street ~rontage on Winchester. i Acting Director Jackie C. Young Lind said that t~e proposed sign package indicates that both front and back elevations are hand'ed the same. i Commissioner Alderete said that he is concerned I about allowing equivalent signage for both the front and rear elevations. ' Chair Rocha opened the Public Hearing for Agenda Itrm NO.2. Mr. Zachary Goldberg, Representative for Lexor Build~rs: . Assured that there would be public access from both the front and rear of the building. . Said that the size of signs would be either copy height for individual letters or background area for box signs. Campbell Planning Commission Minutes for May 8, 2007 Page 5 . Advised that they concur with the conditions propqsed by staff. . Said he was available for any questions. Commissioner Doorley said that he wants confirmation that there will be a tangible street presence on Winchester and not some! faux fac;ade. Mr. Zachary Goldberg said that there are doors at both the front and back elevations. ' Commissioner Gibbons said that it is very important that these doors be used both from the front and back elevations for public acpess to the businesses and that she is very concerned about how this will be pl~yed out with two frontages being the same. i Mr. Zachary Goldberg said that it would be much like I'the Starbucks in Downtown Campbell that has a front elevation entrance as well as a second from the rear parking lot. i Acting Director Jackie C. Young Lind provided a srt of the building plans for review by the Commission. i Chair Rocha pointed out that the Starbucks create$ a corridor effect from the back entrance to the customer service area. He ~dded that there is added sensitivity since the rear of the building faces adjac~nt residential and there is potential for impacts including light that need to be corsidered. I Acting Director Jackie C. Young Lind said that the is$ue of lighting was included in the building plan check letter that requires Iig~ting be approved by the Community Development Director. I I Commissioner Gibbons suggested hours of operation Ifor the outdoor lights. Mr. Zachary Goldberg said that his company is excited to start construction this building in about two weeks. I I I I Commissioner Gibbons: . Said that she hates to be difficult but she ha problems supporting this amount of signage at the rear of this building. . Cautioned that she does not want the Winchester rontage to become the rear of the building as could happen if that frontage ot used as the main public access. . Reiterated that she cannot support this amount of ignage at the rear. Commissioner Doorley said he is not as concerned ~y the amount of signage at the rear of the building as long as they make sure trat pedestrian access from Winchester Boulevard is real and tangible. Campbell Planning Commission Minutes for May 8, 2007 Page 6 Commissioner Ebner: · Said that he has similar concerns. i · Questioned what would stop a tenant in the futur1 from blocking access from the front (Winchester) door. . Added that his biggest concern is the signage pro~osed at the rear. Chair Rocha asked staff if the access issue is on the _able this evening or just the signs themselves. I I City Attorney William Seligmann said that the only istue is approval of a Master Sign Plan and Sign Exception to allow more sign ge. He advised that the Commission could weave in additional findings an lor conditions. The new finding might say that the provision of meaningful acqess from both the front and rear elevations is the only reason the Commission Qan approve the request for extra signage. A condition can be imposed that the frbnt access remains open. Chair Rocha closed the Public Hearing for Agenda Item NO.2. Commissioner Alderete: · Said that this is a request for an Exception to the Sign Ordinance. The Ordinance does not normally allow for both front and rear elevation signs. . Reminded that when this project was approved, it was with the intention that the primary frontage/access to these tenant spaces be from Winchester Boulevard. · Added that he proposes a small Exception to the Sign Ordinance to allow for a small amount of rear elevation signage. Commissioner Gibbons said that it was important to be sensitive since there is a residential area immediately abutting this site. She said that she is willing to consider a reasonable accommodation. Commissioner Doorley stressed the need for real, meaningful and ongoing access from Winchester Boulevard. He added that with that assurance he is willing to support signage at the rear elevation, perhaps at 50 percent of the size of the signs at the front elevation. Commissioner Ebner said that he could support some signs at the back with a condition that the front access remains Winchester. Chair Rocha asked for additional discussion on the proposal to allow just 50 percent in sign area over what would be allowed on the main Winchester elevation. Commissioner Doorley said that he still envisions having public access to the tenant spaces from the rear parking lot. However, he wants to see the Winchester accesses accentuated. Campbell Planning Commission Minutes for May 8, 2007 Page 7 Commissioner Ebner asked if 50 percent is just hypothetical. He said that percentage seems large. Chair Rocha reopened the Public Hearing for Agenda Item NO.2. Mr. Zachary Goldberg, Applicant: · Said that they prefer rear access to these spaces although they intent to have both front and rear access available. · Added that they are amiable to a reduction to the allowable sign area for the rear elevation to 75 percent or 18 inch letters. · Stated that the intent is to have signage on both the front and rear elevations. Commissioner Doorley stressed that the Winchester access must be accentuated. Chair Rocha re-closed the Public Hearing for Agenda Item NO.2. Commissioner Alderete: · Said that the ability to access these units from the parking lot should not be tied to the signs. . Added that he is more interested in the appearance and attractiveness of the building from the front elevation on Winchester. . Suggested that if a restaurant comes to the site perhaps outdoor seating can be placed adjacent to the street frontage. · Said that it is reasonable and functional to offer up to 10 square feet of signage at the rear elevation. . Added that he would support up to 10 square feet per tenant space. Commissioner Ebner said that he absolutely agrees. He added that the signs in the rear are just to identify doors for patrons accessing the site from the parking lot. Commissioner Doorley asked staff for some mechanism that is workable. He asked if using a specific percentage or square footage is more workable or if there is some existing protocol that could apply. Acting Director Jackie C. Young Lind: · Said that offering a percentage of signage area is ambiguous as there is a range in sizes that the front signs could be. · Added that another consideration would be the scale of the sign as it appears on the building. · Said that the Winchester signs could be considered as the primary signs. Perhaps signs at the rear elevation could be on the glass doors, which would result in no lit signs facing adjacent residences. These could be a consistent type of window sign. Campbell Planning Commission Minutes for May 8, 2007 Page 8 Commissioner Gibbons said that she likes that approach. Commissioner Ebner said that this takes away any concerns over lighting. Commissioner Doorley: . Reported that Bella Mia Restaurant in Downtown San Jose has two entrances. . Said that he supports something more than window signs at the rear elevation. . Added that it seems punitive not to allow more than that. . Stated he does support signs for the rear elevation but ones that are notably smaller than those at the front elevation. Chair Rocha re-opened the Public Hearing for Agenda Item NO.2. Mr. Zachary Goldberg, Applicant: . Said that they are concerned with the concept of allowing just window signs at the back. . Suggested that 75 percent of the allowable copy height at the front be what is allowed at the rear. . Said that using just window signs is of concern due to the nature of the architecture there. Commissioner Ebner said that the purpose of the signs at the rear is simply to identify which business location patrons are entering. For that, window signs should be sufficient. Mr. Zachary Goldberg said that they would be limited here due to the number of windows they have. He said that it could be problematic for someone with poor eye sight. He suggested allowing something over the awning. Commissioner Ebner said that signs at the front of the businesses are to advertise while signs at the rear are simply to identify. Commissioner Alderete reminded how staff had stressed the importance of street frontage during all of the East Campbell Avenue Master Plan meetings and he agreed with that concept. He said that he is not sure he understands why a sign that is equivalent to the front elevation is necessary for the rear elevation. Commissioner Gibbons: . Said that a Sign Exception is being sought that allows more square footage in signs. . Said that she is not supportive of the concept of allowing the same level of signage at the rear as would be allowed at the front elevation. Campbell Planning Commission Minutes for May 8, 2007 Page 9 . Added that she is amiable to identification signage of 10 square feet or signs on the glass to be determined by the Community Development Director as a condition of approval. Commissioner Ebner said that 10 square feet is still too large for him and advised that he will likely vote against this item. Commissioner Doorley said that it appears that everyone agrees that a condition requiring that the Winchester accesses be maintained in a meaningful fashion is appropriate. Commissioner Francois said that he supports 10 square feet signs at the rear as necessary for identification purposes. He said that signs on the glass work too. Acting Director Jackie C. Young Lind advised that window signs don't require a Sign Exception as they are allowed by right under the Sign Ordinance. Commissioner Ebner said that this is a moot point now. No extra signs are necessary for the rear elevation and the Commission's job is done. He said that he would not support the Sign Exception. Chair Rocha asked Commissioner Ebner to clarify that he would not be supporting any fac;ade signs at the rear. Commissioner Ebner replied no. Commissioner Alderete said that the Commission is being given the chance to create a template here for future such developments. Commissioner Ebner said that Commissioner Alderete makes a good point and that he has been persuaded. City Attorney William Seligmann offered the following amendments: . Add a finding that states that "each tenant space shall have meaningful access from both the front and rear elevations." . Add a condition of approval that states that "each tenant space shall have access from both the front and rear elevations." Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3808 approving a Master Sign Plan (PLN2006- 145) for a new commercial building on property located at 2135 and 2145 S. Winchester Boulevard, with the following amendments: · Add a finding that states that "each tenant space shall have meaningful access from both the front and rear elevations." Campbell Planning Commission Minutes for May 8, 2007 Page 10 NOES: ABSENT: ABSTAIN: · Add a condition of approval that states that "each tenant space shall have access from both the front and rear elevations. " · Add a condition of approval that states that "the size restriction for signs on the rear fa~ade for wall-mounted illuminated signs is limited to 10 square feet per tenant space and subject to the approval of the Community Development Director, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons and Rocha None Roseberry None Chair Rocha advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Jackie C. Young Lind, Acting Community Development Director, was accepted as presented with the following additions: · Reported that the appeal of the Planning Commission's denial of a Variance for 1124 Bent Drive was considered by Council. As a result of a tie vote (2-2 with Councilmember Kennedy abstaining), the Planning Commission's decision stands. . Advised that there are three items pending for the next meeting including the hotel on Creekside and Pet Food Express. Following this evening's SARC meeting, the third item, a dental building on Bascom, will be continued. ADJOURNMENT The Planning Commission meeting adjourned at 8:28 p.m. to the next Regular Planning Commission Meeting of May 22, 2007. SUBMITTED BY: ~ conn~A Sh}'J" R~f'rd}J sJ,:getary APPROVED BY: Ll ~ fI-!!1!:L Michael Rocha, Chair ATTEST: