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PC Min - 05/22/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MAY 22,2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 22, 2007, was called to order at 7:32 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair Roseberry and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Bob Roseberry Bob Alderete George Doorley Tom Francois Elizabeth Gibbons Commissioners Absent: Chair: Commissioner: Michael Rocha Mark Ebner Staff Present: Acting COD Director: 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 Francois, seconded by Commissioner Doorley, the Planning Commission minutes of the meeting of May 8,2007, were approved. (4-0-2-1; Chair Rocha and Commissioner Ebner were absent and Commissioner Roseberry abstained) COMMUNICATIONS 1. Revised Conditions of approval for Agenda Item No.2. 2. Revised Sign Exception findings for Agenda Item No.3. Campbell Planning Commission Minutes for May 22, 2007 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS *** Acting Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. PLN2007 -23 PLN2007 -56 Mirkin, B. Note: This item will be continued to a date uncertain. Public Hearing to consider the application of Mr. Barry Mirkin for a Site and Architectural Review Permit (PLN2007-23) to allow the construction of a new 12,288 square foot, two-story medical building on a vacant parcel and a Conditional Use Permit (PLN2007-56) to allow the establishment of medical services (dental offices) on property owned by Mr. Barry Mirkin located at 1930 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: Kimberly Brosseau, Planner II Upon motion of Commissioner Francois, seconded by Commissioner Doorley, the Planning Commission CONTINUED TO A DATE UNCERTAIN consideration of a Site and Architectural Review Permit (PLN2007-23) and Conditional Use Permit (PLN2007 -56) to allow the construction of a new medical building on property owned by Mr. Barry Mirkin located at 1930 S. Bascom Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons and Roseberry None Ebner and Rocha None Motion: NOES: ABSENT: ABSTAIN: *** Acting Chair Roseberry read Agenda Item No.2 into the record as follows: Campbell Planning Commission Minutes for May 22, 2007 Page 3 2. PLN2007-49 PLN2007 -50 Moore, J. Public Hearing to consider the application of Mr. Jim Moore, on behalf of Pet Food Express, for a Conditional Use Permit (PLN2007-49) to allow the establishment of a pet food and supply store, including animal grooming facilities, on-site vaccination services, on-site pet adoption services and new storefront improvements at an existing commercial building (formerly Tower Records) and a Sign Exception (PLN2007-50) to allow three signs where two signs are permitted on property owned by Virginia Husted located at 1900 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: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a pet food store with grooming, vaccinations and pet adoptions as well as storefront improvements. . Added that the applicant also seeks approval of a Sign Exception to allow two wall signs, a freestanding sign and five canopy graphics (puppy and kitten artwork). . Described the site as being located on the southeast corner of Bascom and McBain Avenues. Surrounding uses include commercial to the north, south and west and residential to the east. . Reminded that the site was formerly occupied by Tower Records but is currently vacant. . Said that the General Plan Land Use designation is General Commercial. Animal grooming and vaccination services require issuance of a Conditional Use Permit. . Reported that all services would be performed within the enclosed building only. No animals will be on site overnight. . Said that earthtone colors will be used on the building as well as red canvass awnings. The entrance will be moved to the side (parking lot side) of the building to create a more appealing storefront. . Said that operational hours would be from 9:30 a.m. to 8 p.m., Monday through Friday; 9 a.m. to 7 p.m. on Saturday; and 10 a.m. to 6 p.m. on Sunday. . Added that 56 parking spaces are required and provided on site. . Stated that the streetscape standard, consisting of a 10-foot landscape strip and 7-foot sidewalk, will be required to be installed. To achieve this, a 7-foot dedication will be required from the property owner. Campbell Planning Commission Minutes for May 22, 2007 Page 4 . Described the Sign Exception that would allow two wall signs, one freestanding sign and five canopy graphics. The Sign Ordinance allows two wall signs or one wall sign and one freestanding. . Advised that staff is recommending approval of the Sign Exception request. . Reported that Condition 1 requires that the applicant sign off on the entire set of conditions of approval to demonstrate acceptance of all imposed conditions. . Said that SARC reviewed this project on May 8th. . Recommended that the project be found to be Categorically Exempt under CEQA as the project consists of minor alterations to an existing private structure. . Added that staff is recommending the adoption of Resolutions approving the Use Permit and Sign Exception for this project. Commissioner Doorley asked staff to elaborate on why extra signs are needed at this site. Planner Steve Prosser said that signs are desired on the Bascom Avenue frontage as well as at the south side of the building where the new entrance will be located. Commissioner Doorley asked why the entrance is being relocated and turned away from the street. Planner Steve Prosser said that the applicant can best explain their reasoning for this change. Commissioner Alderete asked about the front setback and why a substandard setback is being created on that frontage. Planner Steve Prosser explained that an additional 7 -feet of the private property must be dedicated for the street improvements to create the streetscape standard of a 10-foot landscape area and 7 -foot sidewalk. Commissioner Alderete asked if all four sign exception findings must be met. Planner Steve Prosser replied yes. Commissioner Alderete asked if the only exception was the number of signs rather than the total sign area. Planner Steve Prosser replied yes. The ratio is one square foot of sign area for every square foot of linear frontage. Commissioner Alderete asked if undue hardship issues are considered with sign exceptions. Campbell Planning Commission Minutes for May 22, 2007 Page 5 Planner Steve Prosser said that only as it relates to limited visibility from the street. Commissioner Alderete asked if the same criteria are considered for any sign in Campbell. Planner Steve Prosser replied yes. Commissioner Alderete asked why the limit is being imposed for a maximum of eight shopping carts. Planner Steve Prosser advised that this is the company's standard. He added that staff can also make the determination that with only eight carts a cart corral is not required in the parking lot. He added that Pet Food Express staff walks clients with large purchases out to help unload the items from the cart into the customer's vehicle and then returns the cart to the store. Commissioner Alderete asked staff to explain "pet friendly" landscaping and what it consists of. Planner Steve Prosser explained that such "pet friendly" landscaping avoids the use of any potentially poisonous plant materials that pets could eat. Commissioner Gibbons asked about the size of the largest wall sign and the placement and size of the monument sign. Planner Steve Prosser said that the wall sign is not to exceed 50 square feet. The monument sign (Sign C on the diagram) is proposed to be located at the southernmost location of the site on Bascom. Commissioner Alderete pointed out that Sign B looks different from Sign A because of the background. Planner Steve Prosser advised that Sign B consists of individual illuminated channel letters with no backing. Acting Chair Roseberry said that with the present landscaping there are several trees that currently hide the building. He asked if there is any provision for taking out some trees. Planner Steve Prosser said that tree removal is not part of this application. The applicant would have to come back with a request for a Tree Removal Permit. Commissioner Francois presented the Site and Architectural Review Committee report as follows: Campbell Planning Commission Minutes for May 22, 2007 Page 6 . SARC reviewed this project on May 8, 2007, and was supportive as presented. . Added that while staff supported one wall sign with the freestanding and five canopy graphics, SARC was supportive of the second wall sign. . Said that SARC also requested a larger trash enclosure to meet the requirements of the new trash collection company. Acting Chair Roseberry opened the Public Hearing for Agenda Item NO.2. Mr. Jim Moore, Applicant & Representative of Pet Food Express: . Said that he is available for questions. . Assured that they will be providing a significant architectural improvement to this building. Mr. Don Epperliey, Operations Manager, Pet Food Express: . Said that Pet Food Express is a locally owned and operated company by residents of the Bay Area. . Assured that they offer hands-on operations of their stores. Commissioner Doorley: . Stated that he is concerned as to why they are turning the building entrance frontage away from the Bascom Avenue frontage, which results in taking the street presence away entirely. . Suggested that they consider a corner entrance. Mr. Don Epperliey said that the orientation of the entrance is based upon the operations of the store. The placement of the entrance helps facilitate getting merchandise from the store to the customer's vehicle. Commissioner Doorley asked why not use a southwest entrance at the corner instead of turning away from a major arterial roadway. Mr. Don Epperliey: . Explained that reasoning includes the fact that there is an absence of on- street parking as well as the large size of products they sell. . Added that it is a convenience to customers to have the best proximity to parking. . Pointed out that Pool, Patio & More has a parking lot entrance at the back of their building. Commissioner Doorley: . Said that while that may be the case, Pool, Patio & More also has a Bascom Avenue entrance. . Agreed that Pool, Patio & More does mostly use their parking lot entrance. Campbell Planning Commission Minutes for May 22, 2007 Page 7 . Added that he can see the need for two wall signs if there are entrance doors on both elevations. Commissioner Alderete said that he had reviewed the website for Pet Food Express and said that this looks to be a great company. He asked the applicant to elaborate on their community programs. Mr. Don Epperliey: . Said that one such program is VirtuaIPetAdoptions.com, whereby 35,000 animals have found new homes in the Bay Area. . Described one fund raising campaign by which new owners of adopted pets pay between $250 and $500 to have a large picture poster of their pet posted in the store with the story of the adoption. Once the picture is removed from display, the pet owner gets to keep it. . Added that they provide low-cost vaccines as well as in-store adoptions. . Assured that they do not house animals in the store overnight. . Said that another program is the Pets in School Program. Commissioner Alderete said that he is glad to hear that there are such programs coming to Campbell. Mr. Howard Melcher, McBain Avenue: . Stated that he resides four houses away from this location. . Explained that he had the opportunity to discuss this project with the applicant, Mr. Jim Moore, just before this evening's meeting. . Added that Mr. Moore has answered some questions he had including the issue of overnight housing of animals. . Said that those questions have been ironed out. . Reported that he has on-going problems with two neighbors' dogs. . Thanked the Commission for allowing him to address them. Mr. George Apo, Memory Lane: . Said that his wife is ill and that he has concerns about impacts from construction on her well-being. . Asked whether this applicant would be willing to pay to relocate his wife in the event that there are construction impacts that she cannot tolerate. Acting Director Jackie C. Young Lind: . Reminded that this application is not for new construction but rather represents a tenant improvement to an existing building (Tower Records). . Stated that perhaps Mr. Apo is unaware that another application for a new medical building on the adjacent site at 1930 S. Bascom Avenue has been continued to a date uncertain. Campbell Planning Commission Minutes for May 22, 2007 Page 8 Acting Chair Roseberry suggested adding the standard construction requirements to the conditions of approval. Acting Director Jackie C. Young Lind agreed that this could be done. Acting Chair Roseberry: . Explained that these construction requirements for new construction will be added that deal with issues of noise, dust, etc. . . Added that it is not within the Planning Commission's purview to discuss relocation funds if Mr. Apo's wife has to relocate during construction. Rather that is a civil issue. Commissioner Gibbons reiterated that there is a second project pending that will be construction of a new building on a vacant parcel that is located next door to this property. Mr. Carl Tucci, Memory Lane: . Declared that the City of Campbell is "going to the dogs literally!" . Added that he is "mad as heck" about this. . Said that this business will disturb the peace of the neighborhood and that he will not sit idly by while that occurs. . Listed concerns about vector problems, noise, etc. . Said that these issues are impossible to control. . Reported that he was once landlord to two pet stores. . Stated that this project should be "slammed out the door." Acting Chair Roseberry closed the Public Hearing for Agenda Item NO.2. Commissioner Doorley asked if other members of the Commission share his concern about changing the orientation of the building frontage. Commissioner Alderete: . Advised that many decisions made here can be appealed to the City Council. . Said that as for the issue of the entrance, he was relieved that they were going to relocate the entrance as he saw that change as a plus although he would like to see some fagade improvements on the Bascom Avenue frontage. . Stated that on the matter of sign exceptions he is generally not in favor of these kinds of exceptions but he is in this case. . Informed that he does take issue with illegally posted banner signs and pointed out that there are three large banners hanging two buildings down from this site that have been there for years. . Said that the logic behind the Sign Ordinance is to avoid the clutter of signs over which there is no control. Campbell Planning Commission Minutes for May 22, 2007 Page 9 . Added that the issue of these illegal banners is the volume of Code Enforcement cases for which it is difficult to handle them all. . Suggested that the City zero in on key areas for enforcement of illegal banners. . Said that he would be supportive of this sign exception but would be more comfortable if the illegal signs were not posted nearby. . Said that handling tree removals later on seems to be a backwards approach and he wished that issue was part of this application. . Added that this is a really good, well-run company that will be good for Campbell. . Pointed out that there are lots of pets in Campbell as they can be seen on any given day on the Los Gatos Creek Trail. Commissioner Gibbons: . Asked for clarification that the Bascom wall sign is not framed but rather individual letters since on the diagram there is a frame in place. . Said that the nature of this business makes sense to have the entrance off the parking lot. . Added that she would still suggest another entrance at the Bascom Avenue frontage even if it is not used. . Expressed concern about having merchandise stored along the windows of the Bascom Avenue frontage. Commissioner Alderete said that it may be in the best interest to recommend proper glass for the windows to avoid product damage. Commissioner Gibbons said that she supports the addition of the standard construction conditions of approval. Acting Chair Roseberry: . Said that he hates to have to give exceptions to the Sign Ordinance. . Pointed out that this corner is prominent with good visibility all around. . Added that he is not sure how the canopies will hold up over time. . Suggested that a floor plan be provided that assures that products will not be stocked against the Bascom Avenue frontage windows. . Agreed that this appears to be a company that is caring and will control pets as well as provide a public service with low-cost vaccines. Commissioner Doorley asked if there is any support from the Commission for his idea of crafting a motion that adds a condition requiring that a similar entrance to that proposed on the parking lot side be located on the west frontage (Bascom Avenue). Campbell Planning Commission Minutes for May 22, 2007 Page 10 Chair Roseberry reminded that this property owner is being asked to dedicate 7- feet of frontage as public right-of-way thus reducing their front setback to just 3 feet. Commissioner Gibbons expressed concern that the Bascom frontage would become a side elevation of the building. She added that she is inclined to support having an entrance installed on Bascom even if it is not used. It would still make a statement on the street. Acting Chair Roseberry said that there are two existing palm trees that obscure the Bascom frontage. Commissioner Gibbons: . Replied, "so." . Added that trees are not well-addressed with this application. . Suggested crafting a condition of approval that would have the Community Development Director approving the landscaping plan proposal inclusive of any potential tree removal(s). . Said that she would also propose a condition that requires the Director to approve an interior floor plan. . Reiterated that not having an entrance on Bascom turns this elevation into a side of the building resulting in no business frontage presence on Bascom Avenue. Commissioner Francois: . Pointed out the Auto Zone on San Tomas Aquino Road that has a similar situation with the street frontage. . Asked how far back the second entrance proposed would be from the main entrance. . Said that he does not have a problem one way or the other but that he prefers the project as it is. Commissioner Alderete: . Stated his agreement with Commissioner Francois. . Said that putting a door there that no one will use may not be necessary but he would like to suggest that some architectural features be included along the entire Bascom building facade that gives a better street frontage appearance. . Asked Commissioner Doorley if his concern is the appearance of that fac;ade. Commissioner Doorley said he wants a functional entrance on Bascom. This is important even if the Bascom entrance is not used as the primary entrance. The entrance will still serve as a presence on Bascom. Commissioner Gibbons: Campbell Planning Commission Minutes for May 22, 2007 Page 11 . Said that she feels okay saying this is a good project. . Agreed that the entrance as proposed makes sense. . Suggested giving the applicant the opportunity to work with the Community Development Director on the Bascom Avenue fa(fade. Commissioner Alderete expressed support for Commissioner Gibbon's recommendations that leave some of the issues to the discretion of the Director. Commissioner Gibbons: . Outlined the proposed motion and added conditions as follows: o Add the standard construction conditions of approval. o Add a condition requiring that the Bascom Avenue frontage fa(fade be reviewed by the Community Development Director to create a more street- friendly entrance element. o Add a condition to have the Community Development Director review and approve the proposed floor plan to locate merchandise away from the storefront windows and use Low-E glass. o Add a condition stating that the Community Development Director will review and approve the landscape plan, including consideration of any potential tree removal requests. o Add a condition stating that there would be no outside activities with animals. o Require that the applicant sign off on the conditions of approval. o Require that the applicant comply with the appropriate setback for the canopy along the Bascom Avenue fa(fade. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission took the following actions: . Adopted Resolution No. 3809 approving a Conditional Use Permit (PLN2007 -49) to allow the establishment of a pet food and supply store, including animal grooming facilities, on- site vaccination services, on-site pet adoption services and new storefront improvements at an existing commercial building (formerly Tower Records), with the added conditions of approval; and . Adopted Resolution No. 3810 granting a Sign Exception (PLN2007-50) to allow three signs where two signs are permitted, on property owned by Virginia Husted located at 1900 S. Bascom Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons and Roseberry None Ebner and Rocha None NOES: ABSENT: ABSTAIN: Campbell Planning Commission Minutes for May 22, 2007 Page 12 Acting Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Acting Chair Roseberry read Agenda Item NO.3 into the record as follows: 3. PLN2006-179 PLN2007 -78 Warmoth, J. Public Hearing to consider the application of Mr. Jeff Warmoth, on behalf of Campbell Creekside, LLC, for a Planned Development Permit (PLN2006-179) for a seven-story, 162-room hotel and a Sign Exception (PLN2007-78) to allow for two freeway-oriented wall signs where one is permitted on property owned by Campbell Creekside, LLC, located at 655 Creekside Way in a P-D (Planned Development) Zoning District. A Mitigated Negative Declaration was previously approved for this project. Tentative City Council Meeting Date: June 19,2007. Project Planner: Tim J. Haley, Associate Planner Commissioner Gibbons advised that she must recuse herself from this item as due to business employment connections. Commissioner Alderete advised that he must recuse himself also because he resides within 500 feet of a portion of the project site. Acting Chair Roseberry advised that as there is no quorum remaining this evening of Commissioners available to discuss this item, the item must be continued to the next meeting on June 12, 2007. *** 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 on May 15th, the City Council approved the East Campbell Avenue Master Plan with a minor change to the maximum height of 45 feet inclusive to be 45 feet exclusive of roof-mounted equipment. They also established a balance of uses policy for the area. . Added that Council elected not to authorize a feasibility study for the relocation of the museum. . Said that the operational budget for the next fiscal year was reviewed. Council added $30,000 to the budget for museum programs. Campbell Planning Commission Minutes for May 22, 2007 Page 13 ADJOURNMENT The Planning Commission meeting adjourned at 8:52 p.m. to the next Regular Planning Commission Meeting of June 12,2007. SUBMITTED BY: air APPROVED BY: ATTEST: g Secretary