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PC Min - 10/09/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 9, 2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 9, 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: Michael Rocha Bob Roseberry Bob Alderete Mark Ebner Elizabeth Gibbons Commissioners Absent: Commissioner: George Doorley Staff Present: Acting 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 Roseberry, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of September 25, 2007, were approved. (4-O-1-1 ; Commissioner Coorley was absent and Commissioner Ebner abstained) COMMUNICATIONS 1. Desk Item for Agenda Item #1 (11 emails in opposition of late hours). 2. Desk Item for Agenda Item #4 (Revised Conditions of Approval). Campbell Planning Commission Minutes for October 9, 2007 Page 2 ORAL REQUESTS There were no oral requests. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. *** PUBLIC HEARINGS Chair Rocha read Agenda Item No. 1 into the record as follows: 1 . PLN2007 -38 Chalmers, J. Public Hearing to consider the application of Mr. James Chalmers, on behalf of BR Development, Inc., for approval of a Modification (PLN2007 -38) to a previously approved Planned Development Permit (PLN2005-126) for four industrial condominium buildings to allow a two-year extension of approval, extended operational hours and access to service doors, the creation of two common owners' associations and extended operational hours to 24-hours a day as long as sound levels are met for properties located at 680-750 McGlincy Lane in a C-PD (Condominium-Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: November 6,2007. 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 Modification to a previous approval for the McGlincy Lane Business Center located on the south side of McGlincy Lane, 350 feet west of the intersection with Union Avenue. . Described the surrounding uses as single-family to the south and east and industrial to the north and west. . Explained that a Planned Development Permit was approved in 2005 for four industrial condominium buildings, two of which are now constructed. . Said that the applicant seeks a two-year extension; the ability to access the roll up doors as long as sound levels are met; the formation of two common owners' associations (to deal with financing and phasing aspects of the project); and extended operation hours to 24 as long as sound levels are met. . Advised that staff is recommending approval of the two-year project approval extension but is not supportive of the access to roll up doors as long as noise levels are met. . Added that staff finds that enforcement of the 24-hour access to roll up doors would be problematic. Campbell Planning Commission Minutes for October 9, 2007 Page 3 . Stated that staff is supportive of the formation of two common owners' associations but not 24-hour operational hours. . Informed that staff may be supportive of some uses on site operating 24-hours but those uses should be reviewed on a case-by-case basis through an Administrative Planned Development Permit review that involves notification to surrounding neighbors. This provision would allow businesses to apply for 24-hour use. Right now, no one can even apply for consideration of 24 hour uses. . Reported that a noise analysis was prepared and is discussed in the report. . Said he was available for questions. Commissioner Roseberry asked for clarification as to whether Regas Drive, located to the south of the project site, consists of single-family residences. Planner Tim J. Haley confirmed that there is a single-family neighborhood to the south of this development. Commissioner Roseberry asked for the addresses of the townhome development to the east of the project site. Planner Tim J. Haley said that they have Union Avenue addresses. It is a fair sized townhome development at the corner of McGlincy and Union. Commissioner Roseberry asked staff if they know when the town home development and single-family homes were developed. Planner Tim J. Haley said he was unsure when the homes on Regas were constructed but he is aware they were constructed after the town homes and the single-family homes on Dry Creek Place. Commissioner Roseberry asked if the homes on Regas were constructed before the recycling businesses. Planner Tim J. Haley replied no. The recycling facility was in place prior to the development of the homes to the south. Commissioner Ebner asked if the current hours from 6 a.m. to 11 p.m. include weekends. Planner Tim J. Haley said yes and that the delivery hours are restricted to 7 a.m. to 10 p.m. Commissioner Alderete asked if Condition 5 is what is offering a mechanism for a business in this center to apply for extended hours including 24-hour operation. Planner Tim J. Haley said that the original Condition 5 would have additional wording that reads, ".. . unless approved with an Administrative Planned Development Permit. 11 That language was added to allow for that application. Campbell Planning Commission Minutes for October 9, 2007 Page 4 Commissioner Alderete pointed out that one use is a call station with one person on duty overnight. He asked what the process might be and clarified that staff is not recommending that 24-hour operation be allowed throughout the development but rather on a case-by-case basis. Commissioner Gibbons pointed out that Attachment 5 modifies only those conditions that are being changed from the original approval. She clarified that there is a distinction between operational hours and business hours. In this case, operational hours are determined to be between 6 a.m. and 11 p.m. with a one hour grace period to open up and close down operations. Planner Tim J. Haley said that it is more restrictive regarding activities such as parking lot sweeping, delivery hours and use of roll up doors. Those activities are restricted between the hours of 7 a.m. and 10 p.m. Commissioner Gibbons clarified that the roll up doors must remain closed by 10 p.m. and cannot be reopened before 7 a.m. Planner Tim J. Haley replied yes. Commissioner Gibbons pointed out that if noise level ratings are exceeded for more than 30 minutes, the activity has to be conducted inside. She said per the noise study evening access and large trucks are restricted. Planner Tim J. Haley said that one suggestion was to limit roll up doors to two raises. Commissioner Gibbons said that they could be left open. Planner Tim J. Haley agreed. He added that Condition 4 states that no open door with equipment operations may occur after 10 p.m. Commissioner Gibbons said that this does not prevent people on site from talking, etc. Chair Rocha opened the Public Hearing for Agenda Item NO.1. Mr. Nick Whitstone, Project Representative: . Stated that he is happy to hear the proposal to allow a case-by-case consideration of extended operational hours as recommended by staff. . Added that he is a part of the marketing team selling these commercial condominiums. . Reported that there was a potential tenant who wanted to install a 24-hour call center that consists of one person. This particular unit is located at the front of the park, which is the furthest from residences. There was not a per case basis ability to review potential uses. . Added that most business uses, including CPAs and insurance, sometimes work long hours. Heavier manufacturing uses could have more hours. . Said that they have not proposed unfettered access. Campbell Planning Commission Minutes for October 9, 2007 Page 5 . Said that the roll up doors make no more noise than a typical garage door. . Said that there are not a lot of true manufacturing uses that are being attracted by these units. . Assured that they want to be friendly as far as the uses on site and have them considered on a per case basis. Mr. Scott Prosser, Project Representative: . Said that he too is a part of the marketing team. . Agreed that a case-by-case consideration of uses will give them the opportunity to occupy this center. . Assured that certain uses can live in harmony with surrounding neighbors. Mr. Josh de Cesare, Resident on Regas Drive: . Stated his opposition to 24-hour operations. It offers nothing to his neighborhood. . Said that he does support their efforts to bring new tenants in. . Added that this development is quieter than the previous recycle use. . Advised that he plans to stay in this neighborhood and his goal is to keep it a quiet and peaceful neighborhood. Commissioner Alderete clarified that while the applicant is requesting the ability to operate on site 24-hours, staff is recommending a case-by-case consideration of proposed uses on site for later operational hours. One example of a potential use given earlier was a call center with one person in an office answering calls. Mr. Josh de Cesare said that with a public hearing process he could support considering uses on a case-by-case basis. He informed the Commission that he could answer previously stated questions including the years of construction of homes on his street. They were built between 1988 and 1992. Commissioner Roseberry asked when the recycling business went away. Mr. Josh de Cesare said 2005. Chair Rocha asked Mr. Josh de Cesare if he had reviewed the other requests of the applicant. Mr. Josh de Cesare said he had not seen the report but that the other requests sound reasonable. Mr. Francisco Jimenez, Resident on Regas Drive: . Informed that he is opposed to 24-hour operation as it would detract from the quality of life on that street. . Stated that the original conditions should stand. Commissioner Alderete reminded that the staff recommendation is for a case-by-case review of requests for extended hours. Staff is not recommending 24-hour overall Campbell Planning Commission Minutes for October 9, 2007 Page 6 approval. He asked Mr. Francisco Jimenez if he could live with a case-by-case consideration that might allow a quiet business to operate with extended hours. Mr. Francisco Jimenez: . Said that this might involve lots of hearings. . Added that while it might be a nice compromise, he feels the original approval was already a compromise. . Stated that he is not in favor of allowing a case-by-case consideration. . Pointed out that a call center can be located anywhere including from home. Chair Rocha reminded that these are owner-occupied business locations. Ms. Denise Sanders, Resident on Union Avenue: . Clarified that the houses on Union are single-family and not townhomes. . Stated that she is glad that staff is not supportive of 24 hours. . Reported that she shares a fence line with the project site. . Added that during construction, work often started at 5 a.m. . Said that she is okay with a case-by-case consideration of allowing extended business hours. . Informed that garbage pick-up has been occurring at 4 a.m. She has spoken with the garbage company to request later collection. Ms. Katy Armstrong, Resident on Union Avenue: . Said that her property backs onto this project site. . Reported that there is a light pole shining into her bedroom window. At 11 p.m. that light goes off. . Stated her opposition to allowing 24-hour operations for this development. . Said that noise is horrendous in the morning, which she can hear through closed windows. . Reiterated that she is opposed to 24-hour operations even on a case-by-case basis. Mr. Joel Allison, Resident on Regas Drive: . Stated that this site is as close as can be to his property. . Advised that the odd-numbered addresses are on the north side of Regas, directly adjacent to this development (in answer to Commissioner Roseberry's earlier questions ). . Said that they have lived through one year of construction and he will be glad when the entire project is complete. . Admitted that he had thought that conditions would be better with this development than when the recycling business was on this property. For the most part, it is. . Reported that his bedroom window overlooks the development and he can't keep the window open. . Added that he is entirely opposed to 24-hour operation even on a case-by-case basis. Campbell Planning Commission Minutes for October 9, 2007 Page 7 Ms. Debbie Bone, Resident on Union Avenue: . Reported that she sent a letter. . Added that the back of her house overlooks this property. . Said that she purchased this home a year ago. It is her retirement home. . Stated that she was pleased that there were controls over operational hours. . Informed that she also hears the garbage collection early on Monday mornings. . Stated her opposition to 24-hour uses and feels that a case-by-case review requires a lot of time and neighbors will have to be here often. . Said that she is a nurse who works long hours so sleep is very important to her. . Said that she is very concerned about the possibility of 24-hour operation. Commissioner Alderete pointed out that generally extended hours of operation does not usually mean 24-hour. He asked Ms. Debbie Bone if she supports any level of extended hours. Ms. Debbie Bone said that she supports a maximum ending time of between 10 and 11 p.m. She added that the current security firm that has a unit on this site is fantastic and very quiet. The leave and return very quietly. Ms. Julie Iwashita, Resident on Regas Drive: . Said that her property is also directly adjacent to this project site. . Stated her opposition to 24-hour uses including considering any on a case-by-case basis. . Added that there are enforcement issues already since early hours are not being enforced. . Suggested that noise studies are not reliable long-term. Mr. Francois Thompson, Resident on Regas Drive: . Stated that 24-hour operation is excessive. No one works 24 hours. . Added that homeowners should be allowed to enjoy quiet time. . Said that he does not support considering uses on a case-by-case basis. The hours between 7 a.m. and 11 p.m. allow businesses plenty of time. . Stated that nearby residents deserve time for rest and relaxation after their own work days. Mr. Nick Whitstone: . Said that he hopes to find common ground. Commissioner Roseberry asked for verification that these commercial condo units are typically owner-occupied. Mr. Nick Whitstone said that at this point all units are owner-occupied. Commissioner Roseberry asked if it is possible for an owner to rent these units out. Campbell Planning Commission Minutes for October 9, 2007 Page 8 Mr. Nick Whitstone said that nothing prevents owners from renting them out but the cost makes it unlikely that the units will be turned into rentals. Commissioner Gibbons asked if it is possible for an owner to occupy the front space of a unit and have a tenant in the back. Mr. Nick Whitstone said that it is possible. Commissioner Gibbons asked if the parcel split would also split the driveway. Mr. Nick Whitstone said that question is beyond his scope. Commissioner Gibbons said that the entire roadway appears to be part of Phase I. There is no clarity regarding ability for Phase \I to share the driveway. Planner Tim J. Haley said that Phase I is constructed. The Parcel Map created four parcels and four buildings with a commonly-owned road. Commissioner Roseberry said that what is being considered tonight is not a legal split but rather the right to establish two common owners' associations. Commissioner Gibbons disagreed and said that establishing two common owners' associations equal a legal split. Planner Tim J. Haley said that the request is to allow two common owners' associations. There is no discussion and/or request for the reconfiguration of parcels as originally approved. Commissioner Gibbons asked the City Attorney if he is okay with that distinction. City Attorney William Seligmann said that he does not have a problem although it is unique in his experience. However, there is no reason it cannot be done. Chair Rocha asked the reason for establishing two common owners' associations. Mr. Nick Whitstone said that it is a marketing-driven request. He said that it is possible that there might be a single tenant occupying Phase II. Commissioner Gibbons reminded that the current Conditions of Approval balanced the mix between industrial and commercial with one-third being office uses and two-thirds being warehousing. She asked for the current breakdown. Mr. Nick Whitstone said that the units were pre-built with the required amount of office space. Commissioner Gibbons: . Cautioned that it is easy to build space out the way you want. Campbell Planning Commission Minutes for October 9, 2007 Page 9 . Said that the City is trying to be careful in the mix of uses per the original approval. . Stressed the need to make it clear that there is to be but one tenant per unit. Commissioner Ebner said that if Phase \I is occupied by a single tenant they would essentially be policing themselves. Mr. Nick Whitstone reminded that there are CC&Rs for the project as a whole with requirements for site upkeep. Chair Rocha closed the Public Hearing for Agenda Item No.1. Commissioner Roseberry: . Said he has a couple of issues. . Stated that there is always a problem of adjacency where it is tough to put these uses next to each other. . Said that this is a well intentioned project that was pretty well designed. . Added that there is a nice neighborhood there with pretty big houses. . Recounted that he remembers when the recycling business was there. The noise used to hurt his ears when he would drop stuff off for recycling. . Said that cars racing in a parking lot is not unique to this property nor is early trash trucks. . Agreed that there are serious concerns about enforcement but he is concerned about some of the micro recommendations such as limiting the opening of a roll up door to just twice a day. That sounds ridiculous and difficult to enforce. . Said that he is not fully decided on this proposal as of yet. Commissioner Ebner: . Said he has some problems too. . Added that enforcement is a big issue especially if 24-hour uses are allowed. Having a bad neighbor becomes a possibility. . Reminded that this Commission worked very hard on this project originally coming up with ways to keep both the neighbors and the developer happy. . Stated that the original conditions are both adamant and clear. . Said he is not really leaning to approving this. Commissioner Gibbons: . Said that she is not supportive of the use of roll up doors beyond what was originally approved. . Said that she is up in the air regarding allowing Administrative Planned Development Review for 24-hour uses. . Stressed the importance of the required office/warehouse mix of uses on site. . Said that there is potential for noise impacts if businesses operating after hours happen to have smokers who need to go outdoors to smoke. . Asked for verification that Administrative hearings are public. Campbell Planning Commission Minutes for October 9, 2007 Page 10 Acting Director Jackie C. Young Lind advised that the Administrative hearings are noticed and held in Council Chambers. The Community Development Director is the decision maker. Decisions can be appealed to the Planning Commission. Commissioner Gibbons pointed out that the hours for trash pick up can be controlled. Acting Director Jackie C. Young Lind reported that Susan Morgado-Gray, the current Code Enforcement Officer, did some research and learned that the trash collector can be worked with in regards to establishing pick up times. Commissioner Gibbons: . Reminded that there are standard Conditions of Approval that control the light levels and restricts spillover of light onto adjacent properties. . Added that on-site lighting impacts on adjacent residences would be of concern if extended operations are allowed. . Stated that she is okay with the two-year project extension. . Said that she is not supportive of any extended roll up door use and is not supportive of allowing general 24-hour operations on this site. Commissioner Alderete: . Said that business brings with it noise. . Reported that he resides behind Fry's and next to the Light Rail. . Said that noise impacts have to be expected with industrial zoning behind homes. . Stated that what was approved was a really nice project that was well thought out. . Advised that he is supportive of an extension of the approval as well as allowing the splitting of the common owners' associations. Chair Rocha: . Said that as far as industrial projects go, this is one of the best in Campbell. It is well designed with good circulation and shared parking. . Agreed that some noise comes with development. . Said that he is hypersensitive to noise, living three lots from the Light Rail. . Expressed support for a two-year extension of approval and the allowance for two common owners' associations. . Added that he will not support 24-hour operations outright but would support a case-by-case consideration of requests for extended hours. Commissioner Roseberry asked if the expiration date for the PD Permit is February 7, 2008. Planner Tim J. Haley replied correct. Commissioner Roseberry explained that this extension is needed to allow the developer to sell more of the Phase I units before beginning construction of Phase II. There is no change in the approval except for allowing more time. Campbell Planning Commission Minutes for October 9, 2007 Page 11 Planner Tim J. Haley replied correct. Commissioner Roseberry: . Said that there is nothing wrong with that. . Stated that staff has done a good job weeding through this. . Pointed out that none of the light should be going off the property. The lighting fixtures should be shielded on one side. . Added that the lights are on a timer. . Asked if there is a liability issue created regarding lighting levels on site if extended operational hours are allowed while parking lot lighting is timed off. City Attorney William Seligmann advised that the current Zoning Code places requirements regarding light spillage onto adjacent properties. If there is use on site 24 hours per day, there might be liability on someone if lights are off but not for the City. Commissioner Roseberry asked if there is a proposed requirement for electronic roll up doors. Planner Tim J. Haley replied no. Commissioner Roseberry said if they are desired, the Commission would have to condition them. He suggested having the man doors on closers to cut down on slamming of doors. Commissioner Ebner: . Said that he could support the two-year extension, two owners' associations and a requirement for electronic roll up doors but he cannot support 24-hour operation. . Reminded that the City only has one Code Enforcement Officer. Commissioner Alderete asked the purpose for mandating electronic roll up doors. Commissioner Roseberry said that the purpose is noise related and results in a controlled opening and closing of these doors. It is a sound issue. Chair Rocha cautioned that they are quieter but about twice as expensive. Commissioner Gibbons: . Said that she can support the two-year extension, two owners' associations and a requirement for electronic roll up doors but cannot support 24-hour operation. . Added that she prefers that there be no businesses on site with 24-hour operation but if there are they should be considered using the Administrative process, they should not include the use of the roll up doors. Campbell Planning Commission Minutes for October 9, 2007 Page 12 Chair Rocha: . Said he suppqrts consideration of 24-hour operations with an Administrative approval. . Stated that it appears all Commissioners oppose a blanket allowance for 24-hour operation and support the requirement for electronic roll up doors and management of lighting so it does not impact adjacent properties. Commissioner Alderete said that electronic door openers create yet another noise solution but said that there should be a provision for maintenance of roll up doors so they function properly and quietly. Commissioner Gibbons said she has hesitation regarding 24-hour operations and reminded that some uses require mechanical ventilation or cooling, for which mechanical equipment is located on the roof. She said she prefers to have no 24-hour uses even with Administrative approvals. Commissioner Roseberry asked if the proposed new language should be stricken from the revised conditions. Commissioner Gibbons agreed that the conditions should be left as originally approved. Commissioner Roseberry asked if that includes operational hours as originally approved. Commissioner Gibbons replied yes, please. Commissioner Alderete said that he is in favor of a two-year extension and splitting the owners' associations but none of the other requests. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3841 recommending approval of a Modification (PLN2007 -38) to a previously approved Planned Development Permit (PLN2005-126) for four industrial condominium buildings granting a two-year extension of approval and allowing the creation of two common owners' association for properties located at 680-750 McGlincy Lane, by the following roll call vote: AYES: Alderete, Ebner, Gibbons, Rocha and Roseberry NOES: None ABSENT: Doorley ABSTAIN: None Chair Rocha advised that this item would be considered by City Council at its meeting of November 6,2007. *** Campbell Planning Commission Minutes for October 9, 2007 Page 13 Chair Rocha read Agenda Item No.2 into the record as follows: 2. PLN2007 -135 Graf, G. NOTE: This item will be continued to the Planning Commission meeting on Tuesday, October 23,2007. Public Hearing to consider the application of Mr. Gaige Graf, on behalf of Round Table Development Company, for a Conditional Use Permit (PLN2007-135) for an on-sale beer and wine license in conjunction with a restaurant (Round Table Pizza) on property owned by Green Valley Corporation located at 1400 W. Campbell Avenue 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 Chair Rocha opened the Public Hearing for Agenda Item No.2. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gibbons, the Planning Commission CONTINUED, TO THE REGULAR MEETING OF OCTOBER 23,2007, consideration of a Conditional Use Permit (PLN2007-135) for an on-sale beer and wine license in conjunction with a restaurant (Round Table Pizza) on property owned by Green Valley Corporation located at 1400 W. Campbell Avenue, to advertise the inclusion of late night activities to the request. (5-O-1; Commissioner Doorley was absent) *** Chair Rocha read Agenda Item No. 3 into the record as follows: 3. PLN2007 -99 Ferguson, D. Public Hearing to consider the application of Mr. David Ferguson, on behalf of Images Auto Body, for a Conditional Use Permit (PLN2007 -99) for the expansion of a legal non-conforming auto repair use to allow for the addition of an enclosed spray booth on property owned by Mr. Earl Tanner located at 216 Cristich Lane in an M-1-S (Light Industrial) 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 Campbell Planning Commission Minutes for October 9, 2007 Page 14 Mr. Steve Prosser, Planner I, presented the staff report as follows: · Said that the applicant is seeking approval of a Conditional Use Permit to allow the expansion of a legal, non-conforming auto repair use with an "as-built" spray booth. · Described the site as being in an M-1-S (Light Industrial) Zoning District, which allows this with a Use Permit. The surrounding uses are commercial/industrial. · Said that operational hours are from 8 a.m. to 5 p.m., Monday through Saturday, and closed on Sunday. · Advised that 51 parking spaces are required and 54 are provided. This is adequate as long as there is no outdoor storage. · Added that recommended Conditions of Approval include provision of additional landscaping, construction of a six-foot high masonry wall as well as the removal of all non-permitted structures and recreational vehicles being stored on site. . Said that SARC reviewed this proposal. · Recommended that the project be deemed Categorically Exempt under CEQA and that the Commission adopt a Resolution approving this Conditional Use Permit with Conditions of Approval. Commissioner Roseberry presented the Site and Architectural Review Committee report as follows: . Stated that SARC reviewed this project on September 25th and was generally supportive of the request for this spray booth that will allow the applicant to paint vehicles with water-based paint. · Advised that SARC was concerned about illegal structures on site including a cargo shed and RV storage that needs to be removed. · Said that the site needs improvements that include 10 percent landscaping and a six-foot high masonry wall. . · Said that removal of all inoperable vehicles and recreational vehicles need to be removed from the property. Chair Rocha opened the Public Hearing for Agenda Item No.3. Mr. Randy Reedy, Esq., Attorney for David Ferguson, Owner of Images Auto Body: . Identified himself as Mr. Ferguson's attorney. · Thanked staff, specifically Steve Prosser, who has guided them through the process. . Reported that new State law is regulating use of spray booths and his client is spending about $120,000 to make this project viable and legal. . Advised that Images Auto Body has been in business since 1989. It is nationally and internationally known for automobile restoration. . Stated that it is an honor to have this business in Campbell. · Informed that he has read the staff report and is gratified that the staff recommendation is for approval. · Stated that they agree with the Conditions of Approval but want to ask for an exemption on two of them. · Said that the RV carport on site was built between 20 and 25 years ago by the current owners' father. Campbell Planning Commission Minutes for October 9, 2007 Page 15 . Suggested that perhaps this carport could be retroactively permitted, as it is a heavily engineered building, to allow it to remain. . Added that they also ask for an exemption to the requirement for the six-foot masonry wall. His client has received an initial bid for $37,000 to build the wall around the perimeter. . Opined that the wall would offer no screening effect for adjacent properties. It doesn't create any aesthetic or noise value. . Reported that Mr. Ferguson paid someone a couple of years ago to process his application but that person took the money and disappeared. . Pointed out that the shed is located 225 feet away from the street. . Stated his availability for questions. Mr. David Ferguson, Project Applicant & Owner of Images Auto Body: . Joked that Mr. Reedy is not just his attorney, he's also a client. . Reported that his business has been in Campbell since 1989. . Assured that he is trying to do everything being asked of him and has worked with Planning, Fire and architects. . Explained that he needs this Use Permit for a booth to use water-based paint. . Said that he has been operating at the same location for many years and has many people present this evening in support of his request. . Said that he is not just a collision repair business but also a restoration business. . Stated that Images is a family-run business that includes his father, mother and brother. . Said that the requirements to remove the overhang as well as to construct the block wall are fairly new. He added that he wouldn't have started if he had known of those conditions. . Advised that the removal of the overhang is a deal breaker between him and his landlord. Commissioner Alderete said that the shed had been discussed at the SARC meeting and Mr. Ferguson advised that he was going to have to discuss it with his landlord. Mr. David Ferguson said it is easier for his landlord to find a non-automotive tenant than to remove the overhang and construct the wall. Mr. John Smith, Resident on Keith Drive: . Stated that he is present to support Images Auto Body and is a customer. . Said that industry is important here. . Pointed out that this use does not impact neighbors. . Said that this is a family business and encouraged the Commission to keep this business here. . Declared Images Auto Body to be an asset to the community. Ms. Gayle Countryman Jones, Resident on Viewfield Road, Monte Sereno: . Expressed support for the proposal to paint autos with water-based paint rather than oil-based paint as friendlier to the environment. Campbell Planning Commission Minutes for October 9, 2007 Page 16 . Said that this business needs approval for the paint booth they have spent lots of money on. . Stated her hope that Images can stay in business here and "preserve the American dream." Mr. Russell Spear, Resident on Chevalier Drive, San Jose: . Said that he operates a business on Union Avenue. . Explained that he was in the paint business for a number of years. . Assured that this is one of the most up-to-date and efficient paint booths. . Reported that existing booths will have to update to water-based paint booths. . Said this will be the finest such spray booth in the Valley. Mr. Bill Weiner, Resident on Fairview Avenue, Los Gatos: . Expressed his hope that this project will be supported. Ms. Chantel Ferguson, Resident on Greenwood Drive, Monte Sereno: . Identified herself as David Ferguson's daughter. . Explained that she grew up around Images Auto Body. . Asked that the Commission please support this request. Mr. Earl Tanner, Property Owner of 216 Cristich Lane: . Expressed support for the character of Mr. David Ferguson, his tenant since 1989. . Stated that Mr. Ferguson is a good tenant running a business in Campbell and struggling to comply with Codes. . Explained that he was unaware that he could not keep an RV on this one-acre lot. . Pointed out that there are storage containers all up and down McGlincy and he had no idea that they are not allowed. . Stated that Planner Steve Prosser has said that it is possible to apply for a one- year Conditional Use Permit for the storage container. . Asked for leniency for this company. Chair Rocha asked Mr. Earl Tanner to verify that he does not want to remove the overhang. Mr. Earl Tanner said that it has been there since before the early 1970s. He added that he is not sure if the structure has permits or not and that he would like to work with the City to get that structure approved. Chair Rocha asked Mr. Earl Tanner if he is prepared to remove it in support of this application. Mr. Earl Tanner said no. Commissioner Gibbons asked who uses the overhang. Campbell Planning Commission Minutes for October 9, 2007 Page 17 Mr. Earl Tanner said that it is freestanding in the corner behind the building and he owns it. Mr. Bob Lewis: . Said that it is really difficult to operate a small body shop with all the regulations in place. . Stated that he hopes this request will be supported. Chair Rocha closed the Public Hearing for Agenda Item NO.3. Planner Steve Prosser: . Said that he wanted to clarify that a permit search has been done for the RV carport structure and no permit was located. . Added that to make this structure legal it would have to meet current standards. It is on a property where the required setback distance is five feet or half the wall height. . Said that perhaps permit records can be provided by the owner. . Advised that the requirement for the six-foot wall is a new Zoning Code regulation. By September 2008, all motor vehicle related businesses must have such a wall. Commissioner Roseberry asked which property line the carport structure is located on. Planner Steve Prosser replied the south property line and it is marked as RV storage on the site plan. Commissioner Roseberry asked Planner Steve Prosser if he had looked at it and whether it is possible to bring it up to Code. Planner Steve Prosser said that the primary issue is setbacks and adjacency to structures. Commissioner Roseberry asked if the requirement for the wall is a City of Campbell requirement. Planner Steve Prosser said that he was not sure if such walls were required elsewhere but it is a specific Campbell requirement for auto-repair uses adopted in 2006. Commissioner Roseberry asked if all auto related uses are required to phase in the installation of such walls. If so, if the Commission were to waive the requirement as part of this application, it would still come to be required once the amortization period has passed. Planner Steve Prosser replied yes. Commissioner Roseberry asked the purpose for the wall. Planner Steve Prosser said it provides mitigation for adjacencies. Campbell Planning Commission Minutes for October 9, 2007 Page 18 Commissioner Roseberry asked about the compliance period for this requirement. Planner Steve Prosser said that the requirement was enacted in September 2006 as part of the Zoning Code Update with a two year amortization period. Commissioner Roseberry asked if this amortization period is for full compliance. Planner Steve Prosser replied correct. Commissioner Gibbons asked if there are other auto-related tenants on this property. Planner Steve Prosser advised that there is one additional automotive use on the site. Commissioner Gibbons asked if the wall is required on all sides. Planner Steve Prosser replied yes, except for the frontage. Commissioner Gibbons asked if the requirements for setback and adjacencies are per the Building Code. Planner Steve Prosser said no, the requirement is from the Zoning Code. Commissioner Gibbons asked if there is any way to make this shed compliant, perhaps in working with the Community Development Director. Planner Steve Prosser said with the approval by the Planning Commission, there is a one year time frame for all of the Conditions of Approval to be satisfied. If this structure can be proven to be legal within that time, the shed could be retained. Commissioner Gibbons asked if a Variance could be sought within the year. Planner Steve Prosser replied correct. Commissioner Gibbons reminded that a structure with a zero lot line was recently approved under a Variance for the Kaeding Motors site on McGlincy. She added that nothing done by this Commission precludes compliance with Building Code. Planner Steve Prosser replied correct. Commissioner Gibbons said that the site, in its entirety, would have to be brought into compliance for the wall. Planner Steve Prosser reported that notices were mailed to every auto repair facility at the time of adoption notifying them of the requirement for such a wall for auto-related uses within a two-year period. He said that at the conclusion of that two-year time frame, owners could be noticed again. Commissioner Gibbons asked if the site is cleaned up at night. Campbell Planning Commission Minutes for October 9, 2007 Page 19 Planner Steve Prosser said that there is an Ordinance requirement that storage must be located within an enclosed structure with vehicles stored out of public view. Commissioner Ebner asked if notices have been sent to auto businesses. Planner Steve Prosser said that all auto uses that do not currently comply will have tq comply by September 2008. Commissioner Ebner asked if this is only auto-related uses. Planner Steve Prosser replied yes. Commissioner Ebner asked how much of the L-shaped structure would be lost in order to comply with setback requirements. Planner Steve Prosser said 10 feet from the rear and side, which is approximately half of the structure. Commissioner Alderete asked if this is the only thing triggering this application. Could it be kept if this application were not being processed? Planner Steve Prosser explained that code enforcement is complaint driven. Commissioner Gibbons asked about the race car business that burned down. Planner Steve Prosser said that they were required to build the masonry wall at the perimeter property line when they reconstructed. Commissioner Ebner said he had questions for the property owner. Chair Rocha re-opened the Public Hearing for Agenda Item No.3. Commissioner Ebner pointed out to Mr. Earl Tanner that his father ran a construction company for many years. He asked Mr. Earl Tanner if he had tried to find any permits that his father may have had for this structure. Mr. Earl Tanner said that his father ran his construction company from the 1950s until 1982. His records were discarded after his death. He reiterated that this building has been there since he was a kid. Chair Rocha re-closed the Public Hearing for Agenda Item NO.3. Acting Director Jackie C. Young Lind: . Reminded that the property owner was out of town at the time SARC met regarding this project. Campbell Planning Commission Minutes for October 9, 2007 Page 20 . Said that staff had suggested to the applicant that a search of County Assessor records be done to determine when this structure was constructed. This information can only be obtained by the property owner. Commissioner Gibbons asked if the advantage to finding the records is that this building could be retained as legal non-conforming if the permits are found. Planner Steve Prosser replied yes, if it was constructed with permits the structure could remain. Commissioner Alderete: . Said that he is very familiar with this part of Cristich. It is a private street owned commonly by the owners down the street. It is the Wild, Wild West of Campbell. . Pointed out that the requirement for the wall will come up as an issue in September 2008. . Added that he is also familiar with the Kaeding Motors property and pointed out that the fire came from Highway 17. There were drums of flammable liquids on this site. . Said that this is different. It is a shell with a roof. . Stated his hope that the Commission can find a way to move forward with this to help this small business to continue to operate in Campbell while meeting the City's requirements. . Suggested a more extensive search for permits. . Said that perhaps this item could be continued to allow that search for permits to happen. . Stressed the need to help this small business thrive while maintaining the City's Codes. Acting Director Jackie C. Young Lind pointed to Condition 8 that states that all illegal structures must be removed. If, within one year of this approval, the owner finds the records for a legal structure, there is no reason to remove the structure. The wall is a requirement and there is an amortization period in place for that and that is wrapped into the Conditions of Approval. There is no reason to continue this item. Commissioner Alderete asked if the property owner would be pursued on the issue of this structure if no permit documents are located. Acting Director Jackie C. Young Lind said that at this point enforcement is required now that the City is aware of it. Commissioner Roseberry pointed out that if the permit is found the problem of the illegal structure is solved. He asked how it would be handled if it could be brought up to Code except for setback. Acting Director Jackie C. Young Lind said that a Variance could be requested within the one year period during which the Conditions of Approval must be met. Campbell Planning Commission Minutes for October 9, 2007 Page 21 Commissioner Ebner said that the onus is on the owner for this wall regardless of this application. He said that he would hate to see this business leave Campbell. It is a "feather in our cap" to have it in Campbell. He encouraged the property owner to research the County records to attempt to legalize that structure. Chair Rocha asked where it would leave us if the owner fails to comply within 12 months. Acting Director Jackie C. Young Lind said that while code enforcement is complaint driven and staff does not go out looking for violations, if staff is aware of a violation we must take action on it. Commissioner Gibbons pointed out that the requirement for the wall is not driven by this particular application but rather the Ordinance requirement with a compliance date of September 2008. Planner Steve Prosser said that the wall is required by September 2008 as long as there are auto related uses on site. Commissioner Gibbons said that two issues are problematic. One is the shed. Right now it is illegal but the owner has one year to find records to prove it was constructed legally or to process a Variance application. Second, the wall appears to be a burden to one tenant as opposed to the site as a whole. Acting Director Jackie C. Young Lind advised that ultimately compliance on the issue of the wall is the responsibility of the property owner and not the tenants. Commissioner Gibbons asked why the requirement is part of this application's conditions. Planner Steve Prosser said that as a legal, non-conforming business, this has to be considered as if it were a new use on site. They have to be held to current standards. Commissioner Roseberry said that won't change the fact that this wall will be required by September 2008, if this proposal is passed without those conditions. Planner Steve Prosser said that the spray booth triggered the current discussion of the requirement, which is already in place. Chair Rocha said the requirement is on the owner. Commissioner Gibbons restated that the condition for the wall has to be imposed on this project as it is a non-conforming use. City Attorney William Seligmann said that there is no provision to grant relief from the Ordinance requirement for the wall. Campbell Planning Commission Minutes for October 9, 2007 Page 22 Commissioner Gibbons said that the current non-conforming status triggers the requirement here. Acting Director Jackie C. Young Lind said that it doesn't accelerate the requirement since the condition gives one year for the construction of the wall. Commissioner Roseberry reminded that the illegal structure could possibly be approved with a Variance. Commissioner Gibbons agreed that there is a year to prove that structure is legal. If it is not, the owner can come back for a Variance. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3842 approving a Conditional Use Permit (PLN2007- 99) for the expansion of a legal non-conforming auto repair use to allow for the addition of an enclosed spray booth on property owned by Mr. Earl Tanner located at 216 Cristich Lane, by the following roll call vote: AYES: Ebner, Gibbons and Rocha NOES: Alderete and Roseberry ABSENT: Doorley ABSTAIN: 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.4 into the record as follows: 4. PLN2007-86 Metz, B. Public Hearing to consider the application of Ms. Beverly Metz, on behalf of Home Depot USA, for a limited-term Conditional Use Permit (PLN2007-86) to allow six temporary cargo storage containers on property owned by Home Depot USA, Inc., located at 480 E. Hamilton Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: 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 temporary use of six cargo containers at the Home Depot located at 480 E. Hamilton Avenue, on the south side of Hamilton Avenue. Campbell Planning Commission Minutes for October 9, 2007 Page 23 . Explained that the surrounding uses are commercial to the north, south and east and residential to the west. The General Plan Land Use Designation is General Commercial and the Zoning is P-D (Planned Development). Temporary storage is allowed with issuance of a Conditional Use Permit. . Said that the recommended Conditions of Approval would allow four storage containers, not to be more than two wide or two deep. The recommendation is for a six-month approval with an automatic six-month renewal if a plan for permanent long-term storage is provided. . Advised that the table item provides corrections/changes to conditions 4, 7 and 10 and a typographical correction to a reference to Ordinance 1840 that should be Ordinance 1841. Condition 10 is proposed for deletion. . Informed that SARC did not review this request as no permanent changes are proposed for the site. . Recommended that this project be deemed Categorically Exempt under CEQA and that the Planning Commission adopt a resolution approving this request as modified. . Said that the applicant's representative is present this ~vening. Chair Rocha opened the Public Hearing for Agenda Item No.4. Matt Francois, Attorney for Home Depot, Cassidy, Shimko, et ai, San Francisco: . Stated that it is an honor to be before this Commission. . Said he is here for the Home Depot. . Thanked Steve Prosser and staff for their assistance. . Expressed support for the staff recommendation and changes to the Conditions of Approval. . Reported that Home Depot received a Code Enforcement letter in February regarding six unpermitted storage containers. . Added that Home Depot has submitted a security plan to the City that incorporates two armed security guards who are present on site. Home Depot has applied for a perimeter fence. Signs will be posted prohibiting day labor pick up on site. The lot is swept every day. . Assured that they have taken pro-active steps to turn around issues on site. . Advised that the Store Manager is here this evening. . Explained that the six existing storage containers are pretty vital to Home Depot for the storage of oversized merchandise. . Added that while this is not a super-sized Home Depot store, it is doing super standard sales. . Said that Code says that temporary storage can stay no longer than a year. They are asking for a one-year approval rather than a six-month approval with a six- month extension. . Informed that they cannot add to this building due to setbacks and will instead have to change business operations. . Said that they are willing to take their request down from six to four temporary storage containers. Campbell Planning Commission Minutes for October 9, 2007 Page 24 . Said that the placement of these containers is compatible with the surrounding area. They are located adjacent to the Public Storage facility. . Expressed support for the modifications to conditions 3 and 5. . Said he is happy to answer any questions. Commissioner Gibbons said that there is a track record by this Home Depot on numerous issues mostly due to change of managers. It is a broken record and it is difficult not to follow the staff recommendation. Mr. Matt Francois pointed out that the Planned Development Permit has been amended twice to address delivery issues. No trucks are allowed on site until 8 a.m. He added that these storage containers have not driven complaints. He said that they need flexibility to have more time to get the use of this site in line with its available space. Commissioner Gibbons said that a permanent storage plan is necessary in order to get the additional six-month approval for this temporary storage. Mr. Matt Francois said that there is no permanent storage plan but rather this Home Depot will have to changes its operations at this location. Commissioner Gibbons said that a six-month review demonstrates the urgency for a permanent solution and offers a mid-point check. Mr. Matt Francois said that the company is trying to minimize its cost and is hoping for a one-year period for this approval for temporary storage. Commissioner Gibbons said that it take six months to implement a plan. Mr. Matt Francois said he thought the Code was well done and allows for a temporary Use Permit for a maximum one-year period for temporary storage containers on site. He said that they would be willing to prepare a letter of agreement assuring that these containers will be removed within one year. Commissioner Gibbons said that it would more likely take Code Enforcement action to make them go away. Mr. Matt Francois said that Home Depot will have to find another way to deal with product. He pointed out that Home Depot is providing service and revenue to the City of Campbell. Commissioner Roseberry said that the report lists six existing containers at 160 square feet each. He asked how long these containers are as they look to be between 32 and 40 feet in length. Mr. Matt Francois said that he is asking approval for retention of four of these existing containers. Campbell Planning Commission Minutes for October 9, 2007 Page 25 Commissioner Roseberry reiterated that they appear to be eight feet wide by 32 to 40 feet long. Commissioner Ebner said that while the report states that this site is over parked by 83 spaces, one usually can never find parking where there are not carts blocking access to spaces. Chair Rocha assured that no one here is trying to beat down Home Depot but there has been a legacy of problems there. He expressed support for strict adherence to the staff recommendations. He asked how long these containers have been on site. Mr. Matt Francois replied a year or 18 months. Chair Rocha pointed out that if this Use Permit were to be approved retroactively, it would expire by now. He added that permanent use of outdoor storage containers is not allowed. Commissioner Gibbons asked how many containers are on site now. Mr. Matt Francois replied six. Commissioner Gibbons asked if they are placed side by side. She asked if it would be possible to improve road circulation. Ms. Jennifer Davis, Resident on Harrison Avenue: . Said that she has been a resident on Harrison for 13 years now. . Said that Home Depot has been a nightmare on various issues. They just do what they want to do with no consideration for their neighbors. . Reminded that these temporary containers have been there for a year or more already. It looks like the Port of Oakland minus cranes and the water. . Suggested that storage occur off-site and not in the parking lot. . Said that due to non-compliance with their approvals, Home Depot has been brought back twice to modify their use. . Said that they should not be given any latitude to do this or "what's next?" . Stated that these containers should be taken out. . Opined that Home Depot is not a good neighbor. Mr. Matt Sheppard, Resident on Harrison Avenue: . Informed that he used to run the shipping and receiving for this store. . Said it is hard to have sympathy for them. . Advised that he is against any of staff's recommendations and these containers should be removed immediately. . Stated that Home Depot is not a good neighbor at all and has demonstrated no consideration of laws. Commissioner Alderete asked when Mr. Matt Sheppard worked at this Home Depot. Campbell Planning Commission Minutes for October 9, 2007 Page 26 Mr. Matt Sheppard advised that he ran shipping and receiving in 1989. Commissioner Alderete asked Mr. Matt Sheppard if he can speak to the volume of this particular store. Mr. Matt Sheppard said that it does the best volume in the region, next to Colma. He added that it was a challenge to get product in. He added that this Home Depot will not need less storage any time in the future. Mr. Michael Huckabone, Resident on Harrison Avenue: . Stated that he does not believe anything that Home Depot has to say. . Added that they are just stalling. . Said that these containers are ugly, attracting crime and graffiti. . Advised that they are not good for the neighborhood or real estate. . Said that these containers put in without permits should be removed as soon as possible. Mr. Scott Rees, Resident on Harrison Avenue: . Said that this request is pushing the envelope. . Added that with their recent efforts, Home Depot is just pushing their problem off their site and onto the street and nearby Shell Station. . Suggested that the only reason they are here tonight is that they got caught. . Pointed out that they keep breaking the rules. . Stated that since they make a lot of money they can follow rules. . Said that the neighbors are the ones impacted. Mr. Matt Francois, Attorney for Home Depot: . Thanked the neighbors for coming. . Said that the process is meant to work. . Assured that they are trying to be open and honest here. . Agreed that it can be hard for residents to live near a big box retailer. . Said that there are tough conditions on this site but they are not running rampant. . Added that there are ways around the aesthetic concerns. . Said that while he would like a one-year approval he can accept a six-month approval that could subsequently be renewed for another six-month period. . Reminded that this temporary storage is located on the opposite side of the property from where these homes are located. Commissioner Roseberry asked if there is room on site for a structure that can serve as a permanent solution to the storage needs. Mr. Matt Francois said that the company would not want to put money into a permanent structure. They simply have to find a way to bring their merchandise into the store building. Chair Rocha closed the Public Hearing for Agenda Item No.4. Campbell Planning Commission Minutes for October 9, 2007 Page 27 Commissioner Gibbons: . Stated that Home Depot has created a hole for itself in part due to the rapid change in managers and the resulting lack of continuity. . Said that these containers have already been on site for a long time and represent an eyesore and create graffiti opportunities. . Said that while she is willing to hear their case for these storage containers she is not inclined to give them any grace. Commissioner Alderete: . Reported that he frequents this store a couple of times a week as well as often walking past it and saying hello to the day laborers standing on the sidewalk. . Said that when he saw the containers he asked himself why they were not painted to match the building. . Said that most vertical surfaces offer opportunities for graffiti. . Stated that he respects the neighbors' frustration and hears what they are saying. . Advised that there are days when he is walking along Harrison when he sees some of those same day laborers complained about being used to work on yards or homes along Harrison. . Pointed out that there is a market for low-cost labor. . Said that what is being discussed here tonight is excess storage on a parking lot. . Stated that he is fine with allowing temporary storage providing it is temporary and gone within one year. . Agreed that they have a problematic track record but also pointed out that he sees this current manager on site all the time. He added that he has noticed positive changes due to her efforts. Commissioner Ebner: . Said that Home Depot has a credibility issue and/or problem. . Added that the City and neighbors have been disappointed before. . Stated that Home Depot knew full well what they were doing when they put in these storage containers. . Reiterated that they have a horrible track record and he will not support their request whatsoever. Commissioner Roseberry said that this is not a permanent solution but we should give them some attempt to look at a solution. He said that six months was fine as they find a way to do business without these storage containers there. Commissioner Gibbons said that she does not want to be here 13 months from now with the containers still there. She added that she also recognizes that Home Depot is a contributing business to the community. Commissioner Ebner said at most he would support six months with no extension to allow Home Depot the opportunity to absorb that inventory into their building and remove these storage containers. Campbell Planning Commission Minutes for October 9, 2007 Page 28 Commissioner Gibbons: · Said that she can support a six-month approval with the caveat that they provide a plan for a permanent storage solution. · Added that if no such plan is ready at six months, the containers must go immediately. · Stated that if a supportable plan is submitted by the six month time frame, they can have six more months. · Said that the proposed plan must be to the satisfaction of the Community Development Director or the illegal structures must be removed at the end of six months. Chair Rocha said that he is supportive with the restrictive language. He clarified that they are recommending approval of four storage containers and not the six on site. He asked for verification of the actual size of these containers. Commissioner Roseberry said that as they are 40 feet by 8 feet the total square footage per container is 320. Commissioner Alderete said he sees no difference between a six-month versus one- year approval. He questioned why there have been no complaints. Commissioner Roseberry said he didn't even notice these containers because he is used to seeing them on construction sites all the time. Commissioner Gibbons suggested a motion for approval for a six-month approval with six-month extension with the rewording of Condition 3 that refers to the plan being to the satisfaction of the Community Development Director. The approval would be for four (4) 40-foot by 8-foot containers that are kept free of graffiti. Acting Director Jackie C. Young Lind reported that she did facilities/construction management for nine years. Either the operation fits or it doesn't. It's pretty straightforward. It will be a question of reasonableness as the solution cannot include temporary storage. City Attorney Seligmann said that the plan must comply with all existing Code requirements, be workable and legal. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3843 approving a limited-term Conditional Use Permit (PLN2007 -86) to allow four 320 square foot temporary cargo storage containers with the staff-modified Conditions of Approval and the added edit to Condition 3 to read, "...if a Code compliant permanent storage solution plan is provided and accepted by the City," on property owned by Home Depot USA, Inc., located at 480 E. Hamilton Avenue by the following roll call vote: AYES: Alderete, Ebner, Gibbons, Rocha and Roseberry Campbell Planning Commission Minutes for October 9, 2007 Page 29 NOES: ABSENT: ABSTAIN: None Doorley 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 Director, was accepted as presented with the following additions: . Reported that Council held a Study Session on the issue of parking on unpaved services in residential zoning. . Advised that Council approved the Zone Change for 1670 Grace Avenue. . Informed that the next Planning Commission meeting agenda consists of three items: Round Table Pizza at 1400 W. Campbell Avenue; a review of the SCVWD CIP for consistency with the City's General Plan; and a review of the Planned Development Project (Merrill Gardens at Campbell) on Winchester Boulevard. . Reminded that the Annual Commissioners Dinner would be held on October 25th. . Stated that she and staff planners, Kim Brosseau and Steve Prosser, attended the APA conference held in San Jose at the Fairmont. There was a record attendance of 1,800. . Said that she attended a mobile workshop in Livermore as well as six sessions on green. . Advised that Kim Brosseau was a volunteer coordinator for this conference. ADJOURNMENT The Planning Commission meeting adjourned at 11 :25 p.m. to the next Regular Planning Commission Meeti SUBMITTED BY: APPROVED BY: ATTEST: