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PC Min - 06/12/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JUNE 12,2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of June 12, 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: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Michael Rocha Bob Roseberry Bob Alderete George Doorley Mark Ebner Tom Francois Commissioners Absent: Commissioner: Elizabeth Gibbons Staff Present: Acting COD Director: Associate Planner: Planner II: Planner I: City Attorney: Recording Secretary: Jackie C. Young Lind Tim J. Haley Kimberly A. Brosseau Steve Prosser William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Alderete, the Planning Commission minutes of the meeting of May 22, 2007, were approved. (4-0-1-2; Commissioner Gibbons was absent and Chair Rocha and Commissioner Ebner abstained) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for June 12, 2007 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS *** Commissioner Alderete advised that he must recuse himself from participation on Agenda Item No. 1 due to the proximity of his residence within 500 feet of a portion of the project site. He added that he planned to speak as a member of the community on this item. Chair Rocha read Agenda Item No. 1 into the record as follows: 1 . PLN2006-179 PLN2007 -78 Warmoth, J. Continued Public Hearing (from the Planning Commission meeting of May 22, 2007) 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 649-655 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: July 17, 2007. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking approval of a Planned Development Permit to allow for a revised hotel design and a Sign Exception to allow for two freeway-oriented signs. . Described the project site as being on the corner of Creekside and Highway 17 freeway off-ramp. The Los Gatos Creek is to the south of the site; Highway 17 to the west, VTA/Light Rail to the north and two six-story office buildings to the east. . Explained that this represents a revised hotel design for a project originally approved by Council in 1985 as a 250-room hotel, an office building and two parking structures. . Said that this hotel site currently has surface parking for the offices across the street but this parking has never been used. Campbell Planning Commission ~inutes for June 12, 2007 Page 3 . Said that the two office buildings offer 356,000 square feet in office space with a parking ratio requirement of one space per 288 square feet or 1,215 parking spaces. . Stated that the north portion of the site will contain the hotel and driveway with the remainder consisting of surface parking. On the western portion, an office building will be constructed in the future. . Said that the Zoning designation is Planned Development and a hotel is permitted with issuance of a Planned Development Permit. The underlying Land Use is Commercial, which is consistent with a hotel. . Said that the Planning Commission and Council extended the original approval for the 21 O-room hotel, office building and two parking structures. . Advised that the applicant seeks to modify the hotel design and surface parking to serve the hotel. The new design is Contemporary that consists of two wings with accent elements, including glass at the easterly and center portions of the building. . Stated that staff finds this design to be more compatible with the rest of the buildings in the area. . Recommended the addition of conditions requiring a revised window element color to better compliment this building design as well as a final landscape plan. . Described the request for two freeway-oriented signs that would consist of individual, illuminated bronze letters. The Sign request includes an exception to allow the placement of these two signs above the 45-foot height allowed under the Sign Ordinance. These two wall signs would be instead of a monument sign. . Explained that the channel letters now proposed are more compatible with this contemporary design. . Added that a condition of approval requires a sound wall along the base of the hotel, the exit and frontage. Additionally, a condition requires upgraded paving materials along Creekside Way. Another condition requires that in the event that the office buildings demand additional parking, said parking would be provided on site via a parking structure. . Said that this item was reviewed by SARC. . Recommended that the Planning Commission adopt a resolution recommending that Council find the previous environmental review for this project to be adequate. . Recommended that the Commission adopt a resolution recommending Council approve a Planned Development Permit to allow the construction of a 162-room, 7-story hotel. . Recommended that the Commission adopt a resolution recommending that Council grant a Sign Exception to allow two freeway-oriented wall signs with placement above the allowed 45-foot height. Commissioner Ebner asked how far these freeway-oriented signs might be visible from Highway 17. Campbell Planning Commission Minutes for June 12, 2007 Page 4 Planner Tim J. Haley advised that visibility would be fairly limited due to the elevated Hamilton Avenue overpass and VTA Light Rail Station. There would not be much visibility in the northern direction. The southern exposure is potentially visible from a distance. Commissioner Doorley asked about the color change for the signage. Planner Tim J. Haley replied that a revised building elevation depicting the bronze individual letters was included in the packet. Commissioner Doorley asked how much lower this revised hotel design is from the original approval. Planner Tim J. Haley said that the building is lowered due to a reduction from 210 rooms to 162 rooms. Commissioner Doorley asked about the potential for a subsequent request for a monument sign. Planner Tim J. Haley said that such signage is not envisioned right now. Commissioner Ebner asked about the potential of sound to bounce back to neighbors across the freeway as a result of the sound wall. Planner Tim J. Haley reported that there is not much exposure to the freeway. The hotel site is located a fair distance from the freeway so no noise issues are anticipated. Chair Rocha asked for clarification about Kohl's sign being 360 square feet. He asked if these two hotel signs would be about 400 square feet. Planner Tim J. Haley clarified that the original sign request was larger. What is proposed now are two signs consisting of 82 square feet each. Commissioner Roseberry asked if the language about parking is incorporated into the conditions of approval. Planner Tim J. Haley replied yes. Commissioner Francois presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on May 8th. . Stated that SARC was supportive of the Sign Exception to allow the signs to be located above the 45 foot height. Campbell Planning Commission Minutes for June 12, 2007 Page 5 . Added that SARC requested a revised sign plan and was in agreement with the staff recommendations for sound walls, enhanced paving and window framing. Chair Rocha opened the Public Hearing for Agenda Item NO.1. Mr. Jeff Warmoth, Applicant, Sand Hill Property: . Said that he is available for questions and wanted to address some of the issues raised by the Commission. . Explained that they started this process for a new hotel design in January or February 2006. It represents a completely different design. . Reminded that the property was subdivided in 2000. . Reported that Prometheus is required to develop the parking structures on their property. . Said that several design submittals were provided to staff and a lot of effort went into the revised design. . Congratulated staff for this work, saying that staff listened to what they had to say. This was a collaborative effort and the project is better because of that. . Displayed a dark window frame sample that he is proposing to replace their originally proposed white frame in order to meet SARC and staff's request. . Said that Hilton Garden Inn has a brand standard in signs, which is what was originally submitted. The key of signs is to be able to find the hotel. . Added that repeat customers are the business model of the Hilton Garden Inn. They offer business class hotels with strong local management. His company also owns hotels in Cupertino and Los Altos. . Added that a brand exception process is required through Hilton when deviated from the brand standard signs. . Assured that they would work with staff on the sound wall. . Reiterated that the parking obligation is Prometheus' to provide to this project. Prometheus has the development agreement with 900 E. Hamilton to provide them with on-site parking. Mr. Bob Alderete, Resident on Birch: . Said that he is speaking as a citizen who lives across the freeway from this project site. . Reported that there are a number of two-story condos among the total 57 condos in his development. . Pointed out that development create impacts on his community. The Apple buildings increased sound noticeably. Additionally, there are now Light Rail trains passing by 116 times a day. . Added that he thinks this is a great project that will be good for Campbell. . Asked the Planning Commission to be sensitive to the incremental increases in ambient noise as sound bounces. . Said that he also spoke as a citizen on this project when it previously came to the Planning Commission. He said that he asked at that time that sound be Campbell Planning Commission Minutes for June 12, 2007 Page 6 taken into consideration including when selecting materials for the construction of the parking structures. · Added that he believes that the Commission made that a condition of approval to conduct a sound study at some point. · Suggested that a baseline sound study might be good to have now before construction begins on this hotel. · Said that while he generally is not in favor of Sign Exceptions, in this case it can be considered supportable. · Said that hotels in Campbell tend to draw spillover from San Jose. · Pointed out that hotels in Campbell are now in 90 percent or higher occupancy rates, including the Marriott Town Place Suites. · Added that the Marriott Town Place Suites never constructed its freeway- oriented sign and its lot is always full. · Said that signs are more of a brand thing for hotels. · Stated that people in his complex will see this signage for Hilton Garden Inn from their second story windows. Mr. Jeff Warmoth: · Stated that they are always concerned about neighbor comments and concerns. · Said that they have planned for an acoustical study for the hotel itself, saying that if people cannot sleep they won't come back again. · Said that they would be happy to have conversation with the neighborhood regarding signs and possible remedies for concerns. · Suggested that a condition be added that asks him to work with neighbors on the illumination of signs or to bring the illumination issue back to the Commission in the future for further review. · Stated that they are excited to move forward and are anticipating construction beginning June 1, 2008. Commissioner Ebner asked about exterior materials. Mr. Jeff Warmoth said that there is not much texture. It is material they have used on other hotels and they have not had noise complaints there. He added that stucco allows for a long-lasting and clean-looking surface that lends to this architectural style. Chair Rocha said that the City likes to see applicants reach out to applicants and asked Mr. Jeff Warmoth if he has made any contact with his neighbors. Mr. Jeff Warmoth said that this is the first time a public speaker has raised any issue. He reminded that this site is surrounded by commercial uses, Highway 17 and the Light Rail. Campbell Planning Commission Minutes for June 12, 2007 Page 7 Chair Rocha asked Mr. Jeff Warmoth if the national branding issue has been answered. Mr. Jeff Warmoth said that sign consistency is the goal to achieve branding recognition. He said that 90 percent of those who stay in a brand hotel are participants in an affinity program. He added that if the Hamilton Avenue exit is missed, patrons would have to go a long ways and come back. Chair Rocha closed the Public Hearing for Agenda Item NO.1. Commissioner Doorley: . Said that the applicant is open to the two issues raised by Mr. Alderete, the need for an acoustical study and working with neighbors on issues of signage. . Reminded that he supported this project in 2000 and 2006 and with a lower and smaller hotel now proposed, he still supports the project. Commissioner Ebner: . Agreed that the applicant is demonstrating the willingness to work and compromise. . Suggested that perhaps the illumination of these signs could be timed to go off or be dimmed at a specific time. . Added that he has no problems with the signs. . Said that he is curious about acoustical values of materials as they relate to bounce back of sound. Commissioner Francois: . Said that he shares Commissioner Ebner's comment. . Added that the sign issue is not difficult as they need it to identify their product. . Said that he is not in favor of the originally proposed blue sign. . Advised that he will support this project as signs are an important part of a project. Commissioner Roseberry: . Stated that he agrees with everything said. . Added that the issue of sound is a tricky thing but that a sound study is a good idea as he can be sympathetic on noise impacts. . Said that this is the spot for a building like this. . Stated that he is supportive of the project and recommends an initial sound background. Chair Rocha: . Said he concurs. Campbell Planning Commission Minutes for June 12, 2007 Page 8 . Stated that he would like to see any acoustical study done made available to staff and the public. . Said that this acoustical study will help create a baseline going forward. . Agreed that this is a good site for a 162-room hotel. . Added that there are other sites with more sign issues around. . Said that he will support the bronze individual lettering that is illuminated and will be supportive of this project. Commissioner Ebner asked if there is a traditional time of night when signs get turned off. Chair Rocha re-opened the public hearing for Agenda Item NO.1. Mr. Jeff Warmoth: . Explained that Sunnyvale Towne Center has hours for dimming signs of 11 p.m. . Added that 11 p.m. seems fair to him. . Said that a photometric study could determine need and impacts of sign lights. Chair Rocha re-c1osed the public hearing for Agenda Item No.1. Chair Rocha said that the applicant is willing to have a photometric study. He asked about conditioning the hours of sign illumination. Commissioner Ebner said that 11 p.m. might be too early to dim the lights on signs but perhaps midnight would be more appropriate. Commissioner Roseberry suggested that the Community Development Director may be in the best position to make the final decision on the illumination of the signs based upon the results of the photometric study. Dimming may be sufficient over turning the illumination of these signs off completely. Commissioner Francois said he wanted to commend Mr. Jeff Warmoth for being a most cooperative and amiable applicant. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Francois, the Planning Commission took the following actions: . Adopted Resolution No. 3811 recommending that the City council adopt the finding that the Initial Study dated September 1, 2006, provides full and adequate environmental review for Planned Development Permit (PLN2006-179) and Freeway-Oriented Sign Permit with a Sign Exception (PLN2007 -78); Campbell Planning Commission Minutes for June 12, 2007 Page 9 . Adopted Resolution No. 3812 recommending that the City Council approve a Planned Development Permit (PLN2006- 179) to allow the construction of a 162-room, seven-story hotel with the added conditions requiring an acoustical/sound study and a photometric study with the results provided to the Community Development Director; and · Adopted Resolution No. 3813 recommending that the City Council approve a Freeway-Oriented Sign Permit with a Sign Exception to allow two Freeway Oriented Signs over 45 feet (PLN2007 -78), on property located at 649-655 Creekside Way, by the following roll call vote: AYES: Doorley, Ebner, Francois, Rocha and Roseberry NOES: None ABSENT: Gibbons ABSTAIN: Alderete Chair Rocha advised that this item would be considered by Council for final approval at its meeting of July 17, 2007. Commissioner Alderete returned to the chambers for the next item. *** Chair Rocha read Agenda Item NO.2 into the record as follows: 2. PLN2007 -53 ReyeslThompson Public Hearing to consider the application of Mr. Ernie Reyes and Mr. Tony Thompson for a Conditional Use Permit (PLN2007-53) to allow the establishment of a martial arts school on property owned by Gary Gilmore Associates located at 90 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 A. Brosseau, Planner /I Ms. Kimberly A. Brosseau, Planner II, presented the staff report as follows: · Advised that the applicant is seeking a Conditional Use Permit to allow the establishment of a martial arts studio at San Tomas Plaza Shopping Center in the former Dolphin Pet Village tenant space. · Explained that classes will consist of between 20 and 30 students and operational hours will be between 7 a.m. and 10 p.m., Monday through Saturday. Campbell Planning Commission Minutes for June 12, 2007 Page 10 · Said that SARC did not review this project as no exterior changes are proposed. · Added that any signs would be reviewed separately. · Recommended that the Commission find this project to be Categorically Exempt under CEQA and adopt a resolution approving this Conditional use Permit. · Advised that the applicant is present this evening. Chair Rocha opened the Public Hearing for Agenda Item NO.2. Mr. Ernie Reyes, Applicant: · Identified himself as one of the business owners. . Said that he is now 60 years old. · Explained that he has operating in Campbell for 30 years and teaches all kinds of martial arts. · Added that many martial arts are blended styles. · Said their students are of all ages and work to become black belt martial artists. · Added that through the martial arts, people reach their potential and physical best. It is empowering. · Concluded that "health and happiness" is our quest. Mr. Gary Gilmore, Property Owner Representative: · Said he practices martial arts and is 70 years old. · Said that he welcomes this studio to the center and feels it will be a good addition to the center. · Stated that he looks forward to a professional association for many years to come. Chair Rocha closed the Public Hearing for Agenda Item NO.2. Motion: NOES: ABSENT: ABSTAIN: Upon motion of Commissioner Francois, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3814 approving a Conditional Use Permit (PLN2007 -53) to allow the establishment of a martial arts studio on property located at 90 N. San Tomas Aquino Road, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Rocha and Roseberry None Gibbons None Chair Rocha advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Campbell Planning Commission Minutes for June 12, 2007 Page 11 *** Chair Rocha read Agenda Item No.3 into the record as follows: 3. PLN2007-72 Motta, B. Public Hearing to consider the application of Ms. Blanca Motta, on behalf of Kosmo Terra Spa and Makeovers, for a Conditional Use Permit (PLN2007- 72) to allow the establishment of a Day Spa with massage services on property owned by Two-Forty Associates located at 330 E. Hamilton Avenue, Unit 2, in a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Kimberly A. Brosseau, Planner /I Ms. Kimberly A. Brosseau, Planner II, presented the staff report as follows: · Advised that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a Day Spa with services that include facials, hair, nails and massage. · Stated that the operational hours would be from 7 a.m. to 11 p.m., daily. · Described the zoning as being C-2-S (General Commercial). · Said that SARC did not review this project because there are no exterior modifications proposed. · Informed that the Police Department had no objection to this business providing massage services as long as they obtain a Massage Establishment Permit as well as Massage Therapist Permits. · Said that the original conditions for this new commercial center have been included in the conditions of approval for this new Day Spa. · Recommended the adoption of a resolution approving this Use Permit. Commissioner Doorley pointed out that there are lots of temporary signs on site, including banners and freestanding signs, and asked if there is anything the Commission can do about that. City Attorney William Seligmann said that nothing can be done under this particular application by rather the illegal signs would be a code enforcement issue to be handled by the City's Code Enforcement Officer. Planner Kimberly A. Brosseau advised that there is already an active open case on the sign violations at this enter. Chair Rocha opened the Public Hearing for Agenda Item NO.3. Ms. Blanca Motta, Applicant: . Said that she is the owner of Kosmo Terra Spa & Makeovers. Campbell Planning Commission Minutes for June 12, 2007 Page 12 . Said that massage is but one of a package of spa services offered. Massage is therapeutic and relaxation oriented. . Added that her massage therapists are nationally certified. To be come nationally certified, therapists have 1,000 hours of experience and pass a national exam. · Stated that this is an excellent area for her business as it is located within a new shopping center and lots of people live close by. . Informed that makeovers are the main part of her business. . Said that the landlord has provided two sign opportunities for her business. One is located over the store frontage and the second is included on the monument sign. · Assured that her signs have been approved by City staff. . Thanked everyone for their time and consideration. Commissioner Alderete told Ms. Blanca Motta that this Planning Commission represents a big challenge for her business in terms of need for makeovers. He asked Ms. Motto who is her target customer. Ms. Blanca Motta said that her target customer is a mom or a professional. Commissioner Alderete said that it seems clear that this business is more than a spa. Ms. Blanca Motta agreed that it is more of a makeover center. Chair Rocha said that Ms. Blanca Motta has done a great job representing her business this evening. Ms. Blanca Motta said she wanted to clarify that her hours are between 9 a.m. and 8 p.m. on weekdays and between 9 a.m. and 6 p.m. on Saturdays. She thanked the Commission again and said that she was impressed with the City of Campbell when she first came in and feels that this is the best location for her business. Chair Rocha closed the Public Hearing for Agenda Item No.3. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3815 approving a Conditional Use Permit (PLN2007 -72) to allow the establishment of a Day Spa with massage services on property owned by Two-Forty Associates located at 330 E. Hamilton Avenue, Unit 2, with a modification of the hours of operation from 9 a.m. through 8 p.m. on weekdays, from 9 a.m. to 6 p.m. on Saturday and closed on Sunday, by the following roll call vote: Campbell Planning Commission Minutes for June 12, 2007 Page 13 AYES: Alderete, Doorley, Ebner, Francois, Rocha and Roseberry None Gibbons None NOES: ABSENT: ABSTAIN: 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.4 into the record as follows: 4. PLN2007 -83 Public Hearing to consider the application of Ms. Bess Wiersema, B. Wiersema, on behalf of Hollywood Tan, for a Conditional Use Permit (PLN2007-83) to allow the establishment of a tanning studio on property owned by Two-Forty Associates located at 330 E. Hamilton Avenue, Unit 4, in a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. 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 tanning studio on the south side of E. Hamilton Avenue. · Described the surrounding uses as office to the east and west; a restaurant to the north and condominiums to the south. · Said that the Land Use designation is General Commercial and the zoning is C-2-S (General Commercial). This use is allowed in this zoning with a Use Permit. · Said that this tanning studio will consist of one UV free spray booth and 10 vertical booths with the potential for seven more in the future. · Stated that the hours of operation proposed are between 9 a.m. and 9 p.m. daily. · Said that nine spaces are required at a ratio of one for every 250 square feet. On site there are 82 spaces, 14 of which are dedicated to this tenant space. That results in a surplus of five parking spaces for this use. . Reported that the trash and clean up conditions imposed on this center with its original approval are included in the conditions for this specific Use Permit. Specifically, trash and clean up cannot occur outdoors after 6 p.m. . Said that the business owner is available. Commissioner Alderete asked if the hours of operation are at the applicant's request. Campbell Planning Commission Minutes for June 12, 2007 Page 14 Planner Steve Prosser replied yes. He reminded that the allowable business hours are between 6 a.m. and 11 p.m. The limitations in hours are for cleaning up outside of the building. Chair Rocha opened the Public Hearing for Agenda Item NO.4. Chair Rocha closed the Public Hearing for Agenda Item NO.4. Commissioner Francois stepped away from the dais at about this point in time. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3816 approving a Conditional Use Permit (PLN2007 -83) to allow the establishment of a tanning studio on property owned by Two-Forty Associates located at 330 E. Hamilton Avenue, Unit 4, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Rocha and Roseberry NOES: None ABSENT: Gibbons and Francois (not at dais for vote) ABSTAIN: None Commissioner Francois returned to his seat at the dais. 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 on June 5th, Council adopted the CIP and budget for the next fiscal year. · Said that this Commission would review four items on its agenda for June 26th including the Density Bonus Ordinance, a Site and Architectural Review Permit for an addition to a home on Maple; a Use Permit for a cellular antenna on Pollard and the proposed new dental building on a vacant lot on Bascom. ADJOURNMENT The Planning Commission meeting adjourned at 9:03 p.m. to the next Regular Planning Commission Meeting of June 26, 2007. Campbell Planning Commission Minutes for June 12, 2007 Page 15 ~ SUBMITTED BY: Corinn . Shinn, Recording Secretary ~ APPROVED BY: Michael Rocha, Chair ATTEST: