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PC Min - 11/23/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY NOVEMBER 27, 2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of November 27, 2007, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair Roseberry and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Bob Roseberry Bob Alderete George Doorley Mark Ebner Gary Gairaud Elizabeth Gibbons Commissioners Absent: Chair: Michael Rocha Staff Present: Acting Director: Planer II: Planner I: City Attorney: Recording Secretary: Jackie C. Young Lind Kim 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 November 13, 2007, were approved. (6-0-1; Chair Rocha was absent) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for November 27,2007 Page 2 ORAL REQUESTS There were no oral requests. AGENDA MODIFICATIONS OR POSTPONEMENTS Item #4 was brought to the top of the agenda at the request of the out-of-town applicant who has a return flight to Los Angeles to catch. *** PUBLIC HEARINGS Acting Chair Roseberry read Agenda Item No.4 into the record as follows: 4. PLN2007-161 Valerio, E. Public Hearing to consider the application of Ms. Elizabeth Valerio, on behalf of Chipotle Restaurant, for a Conditional Use Permit (PLN2007-161) to allow an on-sale general liquor license in conjunction with a new restaurant (Chipotle) on property owned by Pinn Brothers/Maple Grove Investors, Inc., located at 1815 S. Bascom Avenue in a C-PD (Condominium 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: · Explained that the applicant is seeking Conditional Use Permit approval to allow general on-sale liquor sales in conjunction with a new restaurant (Chipotle) to be located at the southwest corner of Campisi Way and Bascom Avenue. . Described the surrounding uses as mixed-uses to the north and east, multi-family residential to the south and office to the west. . Reported that the proposed use is consisted with the Zoning and General Plan Land Use designations of C-PD with the issuance of a Conditional Use Permit for the general on-sale liquor sales. . Advised that the operations will occur between 11 a.m. and 10 p.m. with staff to vacate the site by 11 p.m. . Said that the provision of 39 seats requires 13 parking spaces. There are 23 designated spaces and therefore adequate parking provided. . Stated that Police has no objection. . Said that SARC did not review the project as there are no exterior modifications. . Recommended that the Commission find this project to be Categorically Exempt under CEQA and adopt a resolution approving this Conditional Use Permit. Campbell Planning Commission Minutes for November 27, 2007 Page 3 Commissioner Gibbons: . Asked staff to clarify between 6 tables and 39 chairs as well as 12 outdoor seats. . Inquired if there is no parking requirement for outdoor seating. Planner Steve Prosser said that the 12 outdoor seats were allowed by right without added parking. Commissioner Gibbons asked about ventilation requirements and if any modifications to the exterior might be required to accommodate such ventilation. Planner Steve Prosser said that per the Tenant Improvement (TI) Plans reviewed there are no exterior modifications required. Commissioner Alderete asked on what basis this restaurant was approved by staff. Planner Steve Prosser replied that they processed a TI for an existing building. Commissioner Alderete asked if this is the first retail tenant for this new building. Planner Steve Prosser replied correct. Commissioner Alderete verified that there was no SARC review because there were not exterior modifications required. He pointed out that on the exterior of the building at about a 12-foot height there are windows that look odd as they have a rather wide white painted band around them. He advised that he did not recall that detail on the original drawing. Acting Director Jackie C. Young Lind assured that staff can check into that through a review of the original construction plans. Commissioner Gibbons asked if they have received building permits. Planner Steve Planner replied yes. He reminded that a restaurant is an approved use for this space. Their original application had too many seats per the approval and they reduced their number accordingly. Acting Chair Roseberry opened the Public Hearing for Agenda Item No.4. Ms. Elizabeth Valerio, Chipotle Representative: . Thanked the Commission for taking her item out of order so she can catch the last flight out. . Agreed that the restaurant/retail uses were already approved uses and included parking requirements. . Assured that they will maintain only the approved number of seats. . Described their mechanical ventilation system as a "Smog Hog" System. . Added that their landlord installed an area for their duct system that is not visible. Campbell Planning Commission Minutes for November 27, 2007 Page 4 Commissioner Alderete asked if that ventilation system takes away smells or masks them. Ms. Elizabeth Valerio said that it does not mask smells but rather directs them away from the structure, particularly residents. She added that this is the system that they use all the time. Commissioner Gibbons recounted that she has used this system with mixed results. She cautioned that it often creates a grease ring and requires a high level of maintenance as a result. She asked if the equipment is directed to the underground parking area. Ms. Elizabeth Valerio said the duct system penetrates to the roof. Commissioner Alderete asked about the windows he had previous mentioned. Ms. Elizabeth Valerio said that they are part of the original shell drawings and they have not added that feature. Commissioner Alderete said that staff would check up on that. Acting Chair Roseberry closed the Public Hearing for Agenda Item No.4. Commissioner Gibbons asked about trash pick up. Acting Chair Roseberry said that this was part of the original application. Commissioner Gibbons asked if the conditions outlined for this Use Permit are over and above the original conditions imposed for the mixed-use development. Planner Steve Prosser replied yes. Commissioner Gibbons clarified that they are not approving the restaurant itself but rather just the general on-sale liquor license. Acting Director Jackie C. Young Lind replied yes. Commissioner Gibbons: . Said that while the business hours are listed as between 11 a.m. and 10 p.m., the operational hours don't appear to be identified. . Added that trash disposal is limited between the hours of 8 a.m. and 11 p.m. . Said that no activities generating noise can occur between 11 p.m. and 6 a.m. . Pointed to a two-hour difference (between 6 a.m. and 8 a.m.) as far as allowing activities such as trash disposal hours versus the total number of hours that a business can operate without requirement for a Use Permit establishing late operational hours. Campbell Planning Commission Minutes for November 27, 2007 Page 5 Acting Director Jackie C. Young Lind explained that the business hours are outlined in Condition #5 as being between 11 a.m. and 10 p.m. while Condition #14 states that all clean up activities must occur between 8 a.m. and 11 p.m. daily. No activity is to occur between 11 p.m. and 6 a.m. Condition #14 is applicable to the restaurant. Commissioner Gibbons asked for clarification that they will not be on site between 8 a.m. and 10 a.m. Acting Director Jackie C. Young Lind replied yes. Planner Steve Prosser advised that he had verified with the applicant that they did not seek extended hours of operation beyond 11 p.m. or prior to 6 a.m. and they advised that they did not need those extended hours. Commissioner Doorley said that he did not want to create any blackout hours where a business owner cannot be on site. Commissioner Gibbons clarified that they cannot generate any noise. Commissioner Doorley said that he was okay with that. Commissioner Gibbons said she was too. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3854 approving a Conditional Use Permit (PLN2007- 161) to allow an on-sale general liquor license in conjunction with a new restaurant (Chipotle) on property owned by Pinn Brothers/Maple Grove Investors, Inc., located at 1815 S. Bascom Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons and Roseberry None Rocha None NOES: ABSENT: ABSTAIN: Acting Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Acting Chair Roseberry read Agenda Item No. 1 into the record as follows: Campbell Planning Commission Minutes for November 27, 2007 Page 6 1. PLN2007 -156 Campbell, D. Continued Public Hearing (from the Planning Commission meeting of November 13, 2007) to consider the application of Mr. Don Campbell for a Modification (PLN2007-156) to a previously approved Site and Architectural Review Permit (S 85-02) removing a condition of approval requiring the recordation of a covenant obligation on property owned by Don and Lynda Campbell located at 2065 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Jackie C. Young Lind, Acting Director Ms. Jackie C. Young Lind, Acting Director, presented the staff report as follows: · Advised that in 1989 the Planning Commission approved a Site and Architectural Review Permit to allow the construction of a two-story office building that included a condition of approval providing an option for a future ingress/egress to the adjacent parcel if the City should deem that access necessary. . Reported that the applicant is now seeking removal of that condition. He is retiring and will be selling his property and this condition is considered to be a detriment to a potential sale. . Reminded that the Commission, at its last meeting on November 13, 2007, continued consideration of this request to this evening's meeting pending the final outcome of Council's action on the proposed Merrill Gardens development. . Announced that Council did take action on November 6, 2007, to approve the Merrill Gardens project. . Recommended that the Commission take action to approve a Modification to the previous approval and remove this obligation from the conditions. Acting Chair Roseberry opened the Public Hearing for Agenda Item No.1. Acting Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Commissioner Doorley said that he had pushed for the continuance and is now glad to make a motion since the Merrill Gardens project was approved by Council. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3855 granting a Modification (PLN2007 -156) to a previous Site and Architectural Review Permit removing a condition of approval requiring the recordation of a covenant obligation on property owned by Don and Lynda Campbell located at 2065 S. Winchester Boulevard, by the following roll call vote: Campbell Planning Commission Minutes for November 27,2007 Page 7 AYES: NOES: ABSENT: ABSTAIN: Alderete, Ooorley, Ebner, Gairaud, Gibbons and Roseberry None Rocha None Acting Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Acting Chair Roseberry read Agenda Item NO.2 into the record as follows: 2. PLN2007-110 (PM) PLN2007 -111 (PO) Whiteside, G. Public Hearing to consider the application of Mr. Gregory Whiteside for a Tentative Parcel Map (PLN2007-110) to subdivide one property into two parcels and a Planned Development Permit (PLN2007-111) to allow the construction of a new single-family residence and the remodel of an existing single-family residence on property owned by Mr. Gregory Whiteside located at 190 Sunnyside Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: January 2, 2008. Project Planner: Kimberly A. Brosseau, Planner /I Ms. Kimberly Brosseau, Planner II, presented the staff report as follows: · Advised that the applicant is seeking approval of a Planned Development Permit to allow the construction of a new single-family residence and a Tentative Parcel Map to create two lots from one. · Described the existing parcel as consisting of 8,700 square feet. Parcel 1 will be 4,620 square feet and Parcel 2 will be 4,080 square feet. · Explained that there is no minimum lot size requirement in a PD Zoning District. · Said that the project is consistent with other developments on Sunnyside Avenue. · Advised that obscured glass would be used for the second story bathroom windows. . Said that the project conforms to the PD Zoning. · Reported that SARC reviewed this project on November 13, 2007. · Recommended that the Planning Commission find this project to be Categorically Exempt under CEQA and adopt resolutions recommending approval of the Planned Development and Tentative Parcel Map. · Said that the project applicant is available this evening. Acting Chair Roseberry opened the Public Hearing for Agenda Item NO.2. Campbell Planning Commission Minutes for November 27, 2007 Page 8 Mr. Gregory Whiteside, Applicant and Property Owner, said he was available for any questions. Commissioner Alderete said his plan set was missing the eastern elevation for the rear unit. Mr. Gregory Whiteside assured that there was one included. Staff distributed that plan sheet to Commissioner Alderete. Commissioner Alderete said that some walls are devoid of windows, which seems odd. Mr. Gregory Whiteside said that the windows for the front house are oriented toward the street and driveway to retain privacy for the adjacent neighbor. Commissioner Alderete asked if the driveways were joined. Mr. Gregory Whiteside said that there are two paved driveways with light colored paving band separating the two. Acting Chair Roseberry closed the Public Hearing for Agenda Item NO.2. Commissioner Ebner presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project at its meeting of November 13, 2007, and was supportive. · Stated that SARC requested obscured glass for the second-story bathrooms and use of a decorative edge to separate the two driveways. Commissioner Gibbons asked about the gross lot size of 10,200 square feet versus the net lot size of 8,700. Is this calculated from the mid-point of the street? Planner Kimberly A. Brosseau replied that the net lot size excludes easements. Commissioner Gibbons asked about a second unit versus a secondary living unit. Planner Kimberly A. Brosseau said that the difference is between a PD Zone and an R-1-6 Zone. Commissioner Gibbons: . Stated that there is a lot of transition in this neighborhood and this project is similar to other projects in the neighborhood. < . Said that this project doesn't have a flag but rather two separate driveways, which results in a lot of asphalt driveway. . Said that the 12-foot driveway has to jog to clear two feet of a side yard setback. Added that there is at least 28 feet of asphalt or decorative paving along the front of this property. Campbell Planning Commission Minutes for November 27,2007 Page 9 Planner Kimberly A. Brosseau said that no more than 50 percent paving is allowed in front yards and this project is less than that. Commissioner Gibbons asked if that is true for one or both parcels here. She questioned whether this is considered a flag lot. Planner Kimberly A. Brosseau said no as there is no easement. Commissioner Gibbons cautioned that there has been a lot of trouble with grade changes at the rear of properties and the resulting impacts on adjacent neighbors. Planner Kimberly A. Brosseau said she would defer this grading question to the applicant. Commissioner Gibbons: · Asked staff if the driveway would be counted as part of the lot if this was a flag lot. . Said that the percentage of lot coverage would be much higher in that case. . Said that this project is extremely dense, with too much coverage and too much asphalt. Commissioner Alderete said that doing quick math it appears that there is 660 square feet of landscape area compared to 700 square feet of paved area. That's a whole lot of concrete. Commissioner Gibbons said that the two driveways remove street parking and puts two garages facing the street. She added that the quality and completeness of the drawings is not at the standard typically seen. Commissioner Doorley asked for clarification. This is not a flag lot and the driveway is not an easement? Planner Kimberly A. Brosseau explained that it was designed as a flag lot but with no easement. Acting Chair Roseberry asked how Parcel 2 is accessed without crossing over Parcel 1. Planner Kimberly A. Brosseau said she would defer to the applicant. Acting Chair Roseberry re-opened the Public Hearing for Agenda Item NO.2. Acting Chair Roseberry asked Mr. Gregory Whiteside to verify his parcel sizes as it appears they are wrong on the plan. Mr. Gregory Whiteside said that the back lot is the bigger of the two. Acting Chair Roseberry: Campbell Planning Commission Minutes for November 27, 2007 Page 10 . Said it appears that Lot 1 is 4,620 square feet and Lot 2 is 4,080 square feet. It appears that the front yard area is more than 50 percent paved for Parcel 1. . Said that if the rear lot is actually 5,225 square feet and the front lot 3,465 square feet; the front lawn is 45 by 20 feet or 900 square feet; and the paved area is 20 by 27 feet or over 500 square feet, than the paved area is less than 50 percent. Mr. Gregory Whiteside said that is correct. Acting Chair Roseberry said it appears that enough of the yard is unpaved so that there is not over 50 percent in paving coverage. Commissioner Alderete said he thinks this calculation is wrong. Commissioner Ebner asked Mr. Gregory Whiteside to explain his plans for site grading. Mr. Gregory Whiteside explained that there would be no change to the existing grade and that all drainage would be contained on the property. Commissioner Gibbons asked if this plan meets Code requirements. Mr. Gregory Whiteside said that the property slopes by 1.5 feet already. Commissioner Gibbons asked why only three foot side setbacks. Planner Kimberly A. Brosseau said that PD Zoning allows such a setback and these are existing walls that will be retained. Commissioner Gibbons sought to clarify that in order to make a new rear lot; this project needs three foot setbacks. Planner Kimberly A. Brosseau said that is true only with existing walls. If the wall did not already exist, it must meet the five-foot minimum. Commissioner Gibbons: . Said that she has thought hard about this project and has two thoughts. . Stated that one thought is that the information provided is incomplete so it is difficult to adequately evaluate this project at this time. . Added that it seems like this project results in the smallest lot this Commission has subdivided in this manner. . Expressed concern that keeping those existing walls is like putting a round ball into a square box. There is too much in too small an area. . Advised that she is having difficulty in supporting this project. Commissioner Gary Gairaud: . Stated that he agrees. Campbell Planning Commission Minutes for November 27, 2007 Page 11 · Said that at first look this project seemed to be extremely dense. · Advised that he went by the property today and the project does seem to be consistent with what is in the area already. · Stated that he would like to see the application cleaned up and more straightforward. · Added that he cannot support this project as it is right now. Commissioner Doorley said that a flag lot is a hard sell any way. He added that he would rather see this project come back at a later date. Commissioner Alderete: . Expressed agreement. · Said he too wants to see this project come back changed in some way. · Stated that the intensity of the pavement at the front of the property is of concern and the applicant needs to think of some way of breaking it up, perhaps by using pavers instead of concrete. · Added that instead of keeping the existing walls with three-foot setbacks, maybe one will have to change. Commissioner Ebner: . Said he concurs. · Said he would rather deny this project and have the applicant go back and clean up the design. . Added that it looks dense and crowded. · Said the he would like to see something more presentable and clean. Commissioner Gibbons asked that the revised site drawing have specific dimensions called out. Acting Chair Roseberry: · Said that he thought that the project was consistent with the neighborhood. It has the same frontage size and situations as others on the block. · Stated that the applicant did a good job reducing the mass of the front building. · Agreed that some tighter drawings would be nice but perhaps staff could look at those. · Pointed out that these conceptual drawings represent what the applicant is trying to build. Commissioner Alderete said that part of the issue is also that Sunnyside can become a street of monster homes with each lot built out. Acting Chair Roseberry re-c1osed the Public Hearing for Agenda Item #2. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Gairaud, the Planning Commission continued consideration to its meeting of December 11,2007, of a Tentative Campbell Planning Commission Minutes for November 27, 2007 Page 12 Parcel Map application and Planned Development Permit application for property located at 190 Sunnyside Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud and Roseberry NOES: Gibbons ABSENT: Rocha ABSTAIN: None *** Acting Chair Roseberry read Agenda Item No.3 into the record as follows: 3. PLN2007 -155 Lynd, M. Public Hearing to consider the application of Dr. Melody Lynd for a Conditional Use Permit (PLN2007-155) for a change of use from Professional Office to Medical Office for an existing office building on property owned by Paul and Helen Middione located at 80 E. Hamilton Avenue in a P-O (Professional Office) 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: . Said that the applicant is seeking a Conditional Use Permit to allow the change of use from Professional Office to Medical Office. . Described the Zoning and General Plan Land Use designations as being Professional Office. This use is consistent with issuance of a Use Permit for the medical use. . Stated that the proposed operational hours are between 9 a.m. and 5 p.m., Monday through Friday. . Said that the parking requirement is one space per 200 square feet. Eight spaces are required and provided on site. . Reported that no signage is included in this application. . Added that SARC did not review this proposal as there are no exterior changes proposed. . Recommended that the project be deemed Categorically Exempt under CEQA and that the Commission adopt a resolution approving this Conditional Use Permit. Acting Chair Roseberry opened the Public Hearing for Agenda Item NO.3. Acting Chair Roseberry closed the Public Hearing for Agenda Item NO.3. Commissioner Gary Gairaud asked for clarification on staff's strong recommendation for the applicant to work with Building on ADA compliance requirements. Campbell Planning Commission Minutes for November 27, 2007 Page 13 Planner Steve Prosser explained that this medical office will be required to provide the same services on the second floor as are available on the first floor to equate to equal access. Commissioner Gibbons added that there is no elevator access to the second floor. Commissioner Doorley asked what strongly recommended means. Planner Steve Prosser said that staff has advised this applicant three times to discuss ADA requirements with Building staff. Commissioner Doorley asked what would happen if they do not do so. Planner Steve Prosser reported that they will be required to prior to Building permit issuance. Commissioner Ebner said he too was questioning why this action has not been done to date. Planner Steve Prosser: . Said that they have had over-the-counter conversations with Building staff. · Added that he has just included this requirement as a caution to ADA requirements that Building enforces. · Advised that Conditions 22 and 23 represent Title 24 Accessibility Standards. Commissioner Ebner sought clarification that this represents conditions of approval. Acting Director Jackie C. Young Lind replied yes. Commissioner Ebner said he has concerns about parking as he only counted four spaces plus two covered. How are eight to be provided? Planner Steve Prosser said that five spaces are proposed on the eastern property line and three along the eastern portion of the building. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3856 approving a Conditional Use Permit (PLN2007- 155) for a change of use from Professional Office to Medical Office for an existing office building on property owned by Paul and Helen Middione located at 80 E~ Hamilton Avenue, by the following roll call vote: AYES: Alderete, Doorley, Roseberry None Rocha None Ebner, Gairaud, Gibbons and NOES: ABSENT: ABSTAIN: Campbell Planning Commission Minutes for November 27, 2007 Page 14 Acting Chair Roseberry 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 at its meeting of November 20,2007, Council took second reading of four items (Virginia, Modification of Conditions for McGlincy Business Park, Adoption of Building/Fire Codes and adoption of the Ordinance re: Parking on Unpaved Surfaces). · Added that Council also took action to find Weeds to be a Public Nuisance and set January 2, 2008, for the public hear. · Said that Merrill Gardens was approved. · Reported that the next Planning agenda for December 11, 2007, consists of three items (four with the continued item from this evening on Sunnyside). Commissioner Gibbons asked staff to provide statistics on other projects on Sunnyside. She added that she was unaware of a provision to allow 12 outdoor seats by right without requirement for provision of parking to support them. Planner Steve Prosser said that he misspoke and explained that these 12 outdoor seats were simply a part of the original approval for this Planned Development. Commissioner Gibbons pointed out that work is underway on the Home Church parking lot and expressed concern that this work might have to be redone when the required retail uses are developed per City requirement. Acting Director Jackie C. Young Lind said that there have been two recent meetings with Home Church to discuss their master plan for their site. There are on-going discussions underway. Commissioner Gibbons asked if a permit is required for the work they are doing. Acting Director Jackie C. Young Lind replied yes. City Attorney William Seligmann asked that this item be discussed no further as it is not an agendized matter for this evening. ADJOURNMENT The Planning Commission meeting adjourned at 9:05 p.m. to the next Regular Planning Commission Meeting of December 11,2007. Campbell Planning Commission Minutes for November 27, 2007 Page 15 SUBMITTED BY: APPROVED BY: ATTEST: Bo~~eITyb