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PC Min 11/25/2003CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY NOVEMBER 25, 2003 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of November 25, 2003, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Hemandez and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Joseph D. Hernandez George Doorley Tom Francois Elizabeth Gibbons Bob Roseberry Commissioners Absent: Commissioner: Commissioner: Bob Alderete Michael Rocha Staff Present: Community Development Director: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Melinda Denis William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission minutes of October 28, 2003, were approved as submitted. (4-0-2-1; Commissioner Alderete and Rocha were absent and Commissioner Francois abstained) COMMUNICATIONS There were no Communications Items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no Agenda Modifications or Postponements. Planning Commission Minutes of November 25, 2003 Page 2 ORAL REQUESTS There were no Oral Requests. PUBLIC HEARING Chair Hernandez read Agenda Item No. 1 into the record. 1. PLN2003-119 Rod, E. Public Hearing to consider the application of Mr. Eli Rod for a Conditional Use Permit (PLN2003-119) to allow the establishment of a Tae Kwon Do studio in an existing 1,680 square foot tenant space of an existing industrial building on property owned by De Whitt Properties, LP, located at 1550 Dell Avenue, Unit K, in a C-M-S (Controlled Manufacturing) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Melinda Denis, Planner I Ms. Melinda Denis, Planner I, presented the staff report as follows: · Advised that that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a tae kwon do studio. · Explained that there will be no alterations to the exterior of the building or to the parking. · Described the site as being located on the south side of Dell Avenue, between Vandell and Industrial. · Stated that the General Plan Land Use designation is Research and Development. This proposed use is compatible with this General Plan designation. · Added that the Zoning designation is C-M (Controlled Manufacturing), which requires a Conditional Use Permit to establish this use. With said Use Permit, this use is consistent with the Zoning. · Said that the site is developed with two multi-tenant single-story buildings that were constructed in 1976. Building I totals 20,160 square feet of which the applicant would occupy 1,680 square feet. · Stated that the applicant anticipates approximately ten students with training occurring between the hours of 7 p.m. and 9 p.m. Under the Conditions of Approval, hours would be limited to between 6 a.m. and 11 p.m. · Informed that parking requirements for retail type uses is one space for every 200 square feet. This tenant space of 1,680 square feet requires a total of 8.4 parking spaces. · Pointed out that the evening parking demand for this site is light and staff does not anticipate any adverse impact on the parking to result from this use. · Recommended that the Commission adopt a resolution approving a Conditional Use Permit to allow the establishment of this tae kwon do studio at this location. · Advised that the applicant is available for any questions. Commissioner Doofley asked staff to clarify its reasoning as to why this use can be deemed consistent and compatible with the Land Use. He added that this use seems more retail in nature than R&D. Planner Melinda Denis explained that the C-M (Controlled Manufacturing) Zoning allows recreational activities subject to issuance of a Conditional Use Permit. Planning Commission Minutes of November 25, 2003 Page 3 Director Sharon Fierro added that R&D allows retail that serves an industrial area. Staff finds that this is an ancillary use in this manufacturing area. Commissioner Roseberry expressed confusion between the applicant's proposed hours from 7 p.m. to 9 p.m. with the Conditions of Approval, which permit operation between 6 a.m. and 11 p.m. Planner Melinda Denis explained that typically businesses are permitted operational hours from 6 a.m. to 11 p.m. by right. Commissioner Roseberry asked if this means that the applicant would be allowed to expand his hours from what he is initially proposing. Planner Melinda Denis replied correct. Commissioner Roseberry pointed out that part of the argument for supporting the parking requirements is the fact that the parking needs on this site are less intense in the evening hours. Planner Melinda Denis stated that staff defers to the Commission to modify the operational hours and perhaps the applicant can elaborate on plans for future operation. Commissioner Roseberry asked staff how many people would be at this business. Planner Melinda Denis replied that at this time the applicant is proposing ten people. Commissioner Gibbons pointed out that if the tenants change in the other spaces on this site, there might be impacts on this use. Chair Hernandez opened the Public Hearing for Agenda Item No. 1. Mr. Eli Rod, Applicant, 1550 Dell Avenue, Campbell: · Explained that he has a wonderful day job that he loves and plans to continue with. Therefore the earliest he anticipates beginning work at the tae kwon do studio is 6 p.m. to 9 p.m. · Added that the maximum number of students would be 50, if lucky. · Stated that he sees operating this studio as more giving back to his students although it is still a business. Commissioner Gibbons asked Mr. Eli Rod if he is amiable to restricting his hours. City Attorney William Seligmann advised that the Commission can elect to do so. Commissioner Gibbons asked Mr. Eli Rod if the hours of 4 p.m. to 10 p.m. would be acceptable. Mr. Eli Rod replied that these hours would be fine. Planning Commission Minutes of November 25, 2003 Page 4 Chair Hemandez asked Mr. Eli Rod if there were the possibility that his business would become much bigger leading to classes in the morning. Mr. Eli Rod replied no. He added that he does not want to grow this business that large as he has a different full-time career. This is a hobby. Chair Hernandez clarified for Mr. Eli Rod that he would have to reapply to extend and/or change his hours. Commissioner Gibbons asked staff for clarification that the Use Permit runs with the land rather than with the operator. City Attorney William Seligmann replied yes. Chair Hernandez closed the Public Hearing for Agenda Item No. 1. Commissioner Gibbons: · Suggested restricting hours from 4 p.m. to 10 p.m. · Said that she is concerned about adjoining spaces if tenants there change. · Pointed out that the property owner may max out the property before they max out the square footage. · Said that while the parking ratios call for 8.4 parking spaces, this use more realistically requires 12 to 20 parking spaces to serve it. That issue is immaterial with the evening hours proposed. Director Sharon Fierro pointed out that the uses permitted without Planning Commission review are manufacturing and office uses. Other types of uses would come before the Commission for its consideration. Commissioner Gibbons restated that the Commission might have to say no to future uses in other spaces. Chair Hernandez said that the applicant might have to come back in the future for any changes. Director Sharon Fierro reminded that parking is considered for each proposed use. Commissioner Francois: · Suggested that the Commission is complicating this issue more than necessary. · Reminded that the applicant is stating his hours to be from 7 p.m. to 9 p.m. In this area, there is a lot of parking available after 7 p.m. · Said that there is no reason to change the allowable hours under this Conditional Use Permit. Commissioner Doofley: · Expressed his agreement with the points made by Commissioner Francois. · Said that parking will not be an issue. · Stated that his only concern is establishing this type of use in an R&D Zoning District. Planning Commission Minutes of November 25, 2003 Page 5 Pointed out that the R&D Land Use designation was assigned in an attempt to move in another direction for this area. While this is not the direction intended with the R&D General Plan Land Use designation, he is fine with this. · Added that he supports the proper and full use of this property. · Said that he is basically comfortable. Commissioner Gibbons reminded that the Use Permit goes with the property and that reducing and controlling the hours might behoove the Commission. Commissioner Doorley said that he gets Commissioner Gibbon's point. Commissioner Gibbons stated that there have been problems in the past when Conditional Use Permits were transferred to other operators. Commissioner Roseberry said that he agreed with Commissioner Gibbons' point. He said that parking has become a problem in some areas. Future owners can come back to change the hours if necessary. Chair Hernandez said that it is appropriate to give some latitude while controlling hour. However, he does not want to over regulate. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3530 approving a Conditional Use Permit (PLN2003-119) to allow the establishment of a Tae Kwon Do studio in an existing 1,680 square foot tenant space of an existing industrial building on property owned by De Whitt Properties, LP, located at 1550 Dell Avenue, Unit K, modifying the hours of operation to 4 p.m. to 10 p.m. daily, and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez and Roseberry NOES: None ABSENT: Alderete and Rocha ABSTAIN: None Chair Hemandez reminded that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Advised that Council took action authorizing the Redevelopment Agency to enter into a DDA with Campbell Avenue Associates to develop the downtown vacant lot. They will purchase the site contingent upon selling their site on Creekside to Matrix Corporation. This contract allows both sides to negotiate. The new development of the downtown site will incorporate residential over retail as opposed to the office over retail originally approved. Planning Commission Minutes of November 25, 2003 Page 6 Informed that the December 9th Planning agenda includes two public hearing items, the election of the 2004 Chair and Vice Chair and the cancellation of the December 23rd meeting. ADJOURNMENT The Planning Commission meeting adjourned at 8:02 p.m. to a Study Session immediately following. SUBMITTED BY: ~)~ Corinne A. Shinn, Recording Secretary APPROVED BY: ATI'EST: Sl~on F~erro, SeCretary