Loading...
PC Min - 06/10/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JUNE 10,2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of June 10, 2008, was called to order at 7:34 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Roseberry and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Bob Roseberry Mark Ebner Bob Alderete George Doorley Gary Gairaud Elizabeth Gibbons Michael Rocha Commissioners Absent: None Staff Present: Acting Director: Assistant Planner: City Attorney: Recording Secretary: Jackie C. Young Lind Steve Prosser William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Doorley, the Planning Commission minutes of the meeting of May 27, 2008, were approved as submitted. (7..0) COMMUNICATIONS 1. Three attachments for Item 2. 2. Three attachments for Item 3. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Campbell Planning Commission Minutes for June 10, 2008 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS Chair Roseberry read Agenda Item No. 1 into the record as follows: 1 . PLN2008-65 Conner, D. Public Hearing to consider the application of Mr. Dennis Conner, on behalf of Calvary Temple of Campbell, for a Sign Application (PLN2008-65) to allow a manual reader board sign on property owned by Calvary Temple of Campbell located at 202 Railway Avenue in a PD (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Staff Planner: Steve Prosser, Assistant Planner Mr. Steve Prosser, Assistant Planner, presented the staff report as follows: . Advised that the applicant is seeking approval of a Sign Permit to allow a freestanding manual reader board sign for the Calvary Temple of Campbell. . Described the church as being on a P-D (Planned Development) zoned parcel on the east side of Railway Avenue between Sam Cava Lane and Kennedy. The surrounding uses are industrial to the north and south; residential to the east and Light Rail to the west. . Explained that a readerboard sign is allowed for a facility with more than 50 fixed seats. Calvary Temple of Campbell has 200 fixed seats. Such a sign is not to exceed 40 square feet. Only one face of the two sided sign is counted against that 40 square foot requirement. Therefore, this proposed sign complies with the regulations. . Reported that one banner on site is to be removed. . Informed that SARC reviewed this proposal at its meeting on May 27, 2008, and their recommendations were incorporated into the conditions of approval. . Recommended that the project be deemed Categorically Exempt under CEQA and that the Planning Commission adopt a resolution approving this Sign Application with the conditions of approval. Commissioner Gibbons asked if this would be a lit sign. Planner Steve Prosser advised that the sign would be internally illuminated. Commissioner Ebner presented the Site and Architectural Review Committee report as follows: . SARC reviewed this item at its meeting of May 27, 2008. Campbell Planning Commission Minutes for June 10, 2008 Page 3 . Advised that SARC asked for changes including modifying the surface of the base to match the building and to change the proposed red color to something ,less bright such as beige or cream. Chair Roseberry opened the Public Hearing for Agenda Item No.1. Chair Roseberry closed the Public Hearing for Agenda Item No.1. Commissioner Gibbons: . Said that she wanted to note that this is a large sign that will be located night by the driveway. Visibility would be blocked by this sign if someone tried to exit from this driveway but it is an ingress only driveway, which offsets that concern. . Suggested adding a condition to mandate that this driveway remain ingress only. . Asked what portion of the sign would be illuminated. . Suggested controls on the hours the sign would be illuminated. Commissioner Alderete said that SARC had asked the application what area of the sign would be illuminated and suggested that the applicant be called forward to respond to the Commission. Chair Roseberry re-opened the Public Hearing for Agenda Item No.1. Mr. Robert D'Anna, Boardmember, Calvary Temple of Campbell: . Explained that the entire sign is lit while the base is not. Chair Roseberry asked if it is back lit. Mr. Robert D'Anna replied correct. Chair Roseberry asked if it would be on a timer. Mr. Robert D'Anna replied yes. The sign would not be lit 24/7. Chair Roseberry re-closed the Public Hearing for Agenda Item NO.1. Commissioner Gibbons pointed out to the SARC members that if there is a change in background color from maroon to beige more light would be visible. Commissioner Alderete explained that SARC was concerned that the red offered too much contrast. He suggested a condition to more closely match the color of the building and leaving some flexibility to the discretion of the Director. Commissioner Gibbons supported leaving the final approval to the review and approval of the Community Development Director and cautioned that if it is too transparent the lighting would make the whole sign dominant. She suggested a finding to read, "Sign placement is appropriate given it's an ingress driveway only." Campbell Planning Commission Minutes for June 10, 2008 Page 4 City Attorney Bill Seligmann said that if the Commission wants this to stay an ingress only driveway it should be made a condition of approval. Commissioner Ebner said that it is not necessary to have a condition regarding an ingress only driveway. He added that SARC found that a burgundy/red color would stand out more when seen from down the street. Upon motion of Commissioner Gairaud, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3893 approving a Sign Application (PLN2008-65) to allow a manual reader board sign on property owned by Calvary Temple of Campbell located at 202 Railway Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None Motion: NOES: ABSENT: ABSTAIN: Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Roseberry read Agenda Item No.2 into the record as follows: 2. PLN2008-78 Byers, L. Public Hearing to consider the application of Ms. Leah Byers, on behalf of Allana Buick & Bers, for an Administrative Planned Development Permit (PLN2008-78) for a minor modification to a previously approved Planned Development Permit (1979) for an existing 200 unit senior housing development (Rincon Gardens) to allow for a comprehensive exterior renovation/ rehabilitation of the residential structure and a 669 square foot addition of interior common space on property owned by the Housing Authority of Santa Clara County located at 400 W. Rincon Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Staff Planner: Jackie C. Young Lind, Acting Director Ms. Jackie C. Young Lind, Acting Director, presented the staff report as follows: . Reported that the applicants are seeking approval of an Administrative Planned Development Permit to allow the major renovation and rehabilitation of a 200 unit senior housing development located on a 4.3 acre parcel. . Added that this represents a 9 to 10 million dollar investment to the applicants. Campbell Planning Commission Minutes for June 10, 2008 Page 5 . Explained that the development (Rincon Gardens) was built in the early 1980's. Two years ago, while some maintenance was being done, it was discovered that there is extensive dry rot and termite damage. . Advised that since that time, the applicants came up with a plan to rehabilitate the Rincon Gardens development. The plan includes the replacement of windows with energy-efficient windows; replacing exterior doors; repairing damage; replacing the roof; installing new appliances and bath fixtures; and installing new hot water and ventilation systems. . Stated that the goal of the applicant is to extend the life of the building; to improve the energy efficiency; to improve the aesthetics and to upgrade the apartments. . Reported that Rincon Gardens serves the senior community. They offer very low income units. Eligible residents make less than 50 percent of the area median income. . Said that the current residency age requirement is 62 years minimum in age. With the changes that will become a minimum age requirement of 55. . Stated that construction is schedule to begin in September 2008 and expected to be complete by December 2009. . Distributed an original color board and alternate boards. . Said that the project plans include landscaping. All trees would be retained and other landscaping replenished. Commissioner Gibbons asked if almost all the landscaping would be replaced. Acting Director Jackie C. Young Lind said that the trees would be retained and the landscaping replaced. Commissioner Ebner questioned how this project is relevant to reducing the age eligibility from a current minimum age of 62 to 55 years. Acting Director Jackie C. Young Lind responded that the General Plan calls for a mix of housing opportunities and said the applicant is present to explain the change to the minimum age of occupants. Commissioner Ebner presented the Site and Architectural Review Committee report as follows: . SARC reviewed this proposal on May 27, 2008. . Reported that the applicant wishes to have a translucent awning material over upper story decks. The proposed awning material is ivory, orange and gray vinyl fabric. SARC asked that they consider a more durable alternative material and color scheme. Chair Roseberry opened the Public Hearing for Agenda Item No.2. Ms. Leah Byers, Applicant: . Thanked the Commission for its time in reviewing this proposal. . Said that they are very excited about this project. Campbell Planning Commission Minutes for June 10, 2008 Page 6 . Assured that it would be an asset to the community. . Introduced the other project representatives present this evening. . Reminded that a couple of years ago the Housing Authority found that there was severe deterioration while they were attempting to do some renovations. Commissioner Gibbons pointed out that this development has a complex agreement proposed. She asked how long the units would be kept as affordable units. Mr. Richard Warren, Representative from the Housing Authority: . Reiterated that a serious dry rot and termite damage problem was discovered. . Advised that they work hard to find a way to save this property. . Reported that funding comes from the Department of Housing and Urban Development. . Added that this property will be sold to a partnership that will finance bonds and tax credits. Twenty-four million in bonds will be issued. State credits were denied. . Said that the property would be owned by a Limited Partnership. Washington Mutual will be buying the bonds. PNC Multi Family Capital is also involved. The partnership will last a minimum of 15 years. After that time, the Housing Authority will have the right to buy it back. The Housing Authority will continue to own the land and will lease the units to the Limited Partnership. . Explained that these will be affordable units available to people 55 years or older. . Said that they are very excited to save this property that is a tremendous asset. . Assured that no tenants are losing their units. . Added that they met numerous times with tenants and they are enthusiastic. . Said that Rincon Gardens is already an asset but it will be an even more beautiful asset. Commissioner Gibbons asked for clarification as to what happens after 15 years. Mr. Richard Warren said that after 15 years the Housing Authority can buyout the Limited Partnership. He said that the Housing Authority was established in 1968 and its role is the provision of affordable housing. Commissioner Ebner asked about the partners. Mr. Richard Warren said they include PNC Multi-Family that is buying tax credits and Washington Mutual that is buying bonds. Commissioner Alderete: . Asked about community outreach including neighborhood meetings. . Reported that the City has received some feedback expressing concern about hauling materials and equipment to the site. . Asked if the southeast corner of Dot and Campbell will be used as a staging area. . Cautioned that the residents on Rincon are vocal when development brings increased traffic into their neighborhood. . Added that he is more in favor of construction traffic on Dot than on Rincon. Campbell Planning Commission Minutes for June 10, 2008 Page 7 Mr. Richard Warren: . Explained that the property owner of the parcel on Dot and Campbell is willing to allow use of their lot for construction storage. . Added that they will order materials as needed. . Assured that they are concerned that their project does not disturb neighbors. They have been here since 1981 and want to be good neighbors. . Advised that they have not yet met with residents on Rincon but have had multiple meetings with their own residents. Commissioner Alderete: . Recommended that a meeting with the neighbors on Rincon be held. . Said that neighbors are going to be concerned with the construction cycle itself. . Added that it is important that strict adherence to construction hours be met. Mr. Richard Warren: . Said that he is willing to commit to meeting with neighbors as well as holding periodic meetings during construction. . Added that he would also be willing to give out his personal number to use if problems come up. . Stated that he wanted to make a public commitment for the record. Acting Director Jackie C. Young Lind: . Directed the Commission to several conditions: o Condition 10 offers standard construction requirements. o Condition 11 requires posting of contractor contact information with phone number. o Condition 12 requires an outreach plan to residents being provided prior to issuance of Building permit. o Condition 23 is a Building condition requiring a construction staging plan. Commissioner Alderete thanked Acting Director Jackie C. Young Lind for pointing those conditions out. He stressed that it is important to have a team leader on record and that this project be done well and in a timely fashion. Chair Roseberry closed the Public Hearing for Agenda Item No.2. Commissioner Gibbons: . Stated her support for Commissioner Alderete's comments. . Said that this is a marvelous project. . Suggested that the residents on Dot also be approached along with the residents on Rincon during neighborhood outreach. Commissioner Alderete expressed thanks to Acting Director Jackie C. Young Lind who put a lot of behind-the-scenes work to help pull al City Departments together to have this happen in an expeditious manner. Campbell Planning Commission Minutes for June 10, 2008 Page 8 Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3894 approving an Administrative Planned Development Permit (PLN2008-78) for a minor modification to a previously approved Planned Development Permit (1979) for an existing 200 unit senior housing development (Rincon Gardens) to allow for a comprehensive exterior renovation' rehabilitation of the residential structure and a 669 square foot addition of interior common space on property owned by the Housing Authority of Santa Clara County located at 400 W. Rincon Avenue, with the following amendments to the Conditions of Approval, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Acting Director Jackie C. Young Lind asked the Commission if it is their intent to leave the decision on the color boards to her discretion. Commissioner Alderete said he was fine with that. Commissioner Ebner concurred. *** Chair Roseberry read Agenda Item NO.3 into the record as follows: 3. Text Amendments Continued Public Hearing (from the Planning Commission Staff meeting of May 13, 2008) to consider City-Initiated Text Amendments to make the following Code Amendments: Eliminate the requirement to obtain a Conditional Use Permit for bookstores over 10,000 square feet in size; Prohibit any use not in compliance with State or Federal Law in all Zoning Districts; Prohibit any business dedicated to the purpose of smoking tobacco on site; Modify Chapter 21.10.090, which includes rescinding the Zoning Designation M-1-A (Light Industrial - Adult Uses) and amending Title 5 of the Campbell Municipal Code to establish a permitting process for adult businesses. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: July 1, 2008. Project Planner: Jackie C. Young Lind, Acting Director Campbell Planning Commission Minutes for June 10, 2008 Page 9 Ms. Jackie C. Young Lind, Acting Director, presented the staff report as follows: . Reported that staff is recommending the following: o Amend Chapter 21.10.090 eliminating the M-1-A (Light Industrial/Adult Entertainment overlay) Zoning District and add a new Section 21.10.090 requiring Adult Oriented Businesses to be restricted to the M-1 (Light Industrial) Zoning District. The amendment would include over-concentration and locational criteria and an amortization clause. o Delete Section 5.36.030 and replace it with a new Section 5.55 establishing new business license regulations for Adult Oriented Businesses, including an administrative review by the Police Department, similar to the current process for massage establishments. o Modify Sections 21.10.040 and 21.10.050 (C-1 and C-2) to eliminate the requirement for a Conditional Use Permit for bookstores over 10,000 square feet. o Modify Title 21 to include in the Prohibited Use sections in all zone districts, a prohibition of any use inconsistent with State or Federal law. o Add to Prohibited Use sections in all commercial zone districts, a prohibition on the establishment of any businesses that include smoking tobacco on site (stand-alone smoking lounges, hookah lounges, etc.). . Said that Adult Oriented Businesses include a variety of establishments characterized by displays emphasizing sexual activity or private body parts. . Advised that the current Campbell Municipal Code restricts Adult Oriented Businesses to M-1-A Zoning Districts. There are currently no parcels with that overlay. Additionally, locational restrictions require that Adult Oriented Businesses be at least 1,000 feet away from any school or public facility utilized by minors and at least 500 feet from any lot zoned or currently used for residential purposes. . Explained that the proposed ordinance is based on the League of California Cities model ordinance. The proposed restrictions do away with the M-1-A Zoning District but still restrict adult oriented establishments to the M-1 Zoning District. . Reported that the City of Sunnyvale currently has adult oriented uses in industrially zoned sections as does City of San Diego. . Said that locational requirements would require Adult Oriented Businesses to be at least 300 feet from any other adult oriented business, school, religious institution, park or residentially zoned district or use. The zoning regulations would also include a two-year amortization period for Adult Oriented Businesses that are non- conforming with the newly adopted restrictions. . Stated that Title 5 of the Campbell Municipal Code - Business Licenses and Regulations, redefine Adult Oriented Businesses to include not only nude and semi-nude entertainment but also adult or sexually oriented arcades, bookstores, retail, cabarets, hotels/motels, motion picture theaters, performance theaters or modeling studios. . Said that under the proposed ordinance, adult business operators would be required to attain an Adult Business Permit from the Police Department. The permit would require the applicant to provide specific business details and all employees would have to be registered. An Adult Business License would run with the applicant and not run with the land and would have to be renewed annually. Campbell Planning Commission Minutes for June 10, 2008 Page 10 · Added that restrictions would require that activities be shielded from the public, that establishments be open to observation by authorities; that loitering be prohibited; that business hours be limited to no later than twelve midnight and no earlier than 8 a.m. . Stated that proposed restrictions would prohibit live nude performances by requiring opaque covering of private body parts. . Advised that one security guard per 35 patrons would be required for all adult- oriented businesses featuring live entertainment. . Said that at its Study Session held on February 12, 2008, the Planning Commission forwarded its recommendations to Council including having strict adherence to objective criteria, public notice and comment and a public hearing before the City Council for any adult oriented business Operational Permit is approved (to be set forth in Title 5). . Stated that at a Study Session on March 18, 2008, Council supported recommended changes based on the League of California Cities model ordinance to amend Title 5 to include administrative review by the Police Department, similar to the current process for massage establishments. . Added ~hat Council directed staff to explore over-concentration requirements from 300 feet to 500 feet. Staff explored at 300 feet and found that it resulted in approximately nine (9) available parcels and a 500 foot criteria resulted in approximately two (2) available parcels in three areas: Campbell Technology Parkway, Sunnyoaks Avenue and White Oaks Road. Commissioner Ebner asked Acting Director Jackie C. Young Lind if this is approved will the public still have input. Acting Director Jackie C. Young Lind replied no, it would require a business license through the Police Department. City Attorney William Seligmann: . Said that there is no prohibition from the public having a say but there is no public noticing. Acting Director Jackie C. Young Lind: . Added that the location criterion does limit sites but neither staff nor the City Attorney feels that it overly restricts. . Pointed out that there are Adult Oriented Businesses within a 10-minute drive of Campbell and there is also material available on the internet. . Advised that the intent is not to promote but rather to regulate Adult Oriented Businesses carefully. Commissioner Gibbons: . Said that the Commission held quite a detailed discussion on this subject at its Study Session, including provisions for a Conditional Use Permit process and public hearing. . Added that the City Attorney had asked what criteria would be required. Campbell Planning Commission Minutes for June 10, 2008 Page 11 . Said that she thought the Commission had come up with a process. . Asked why that process was not included City Attorney William Seligmann replied that Council did not want to include it in the Code. Commissioner Alderete: . Said that he had the same concern as Commissioner Gibbons. . Pointed out that so many other uses require a Use Permit so why not Adult Oriented Businesses. · Stressed that it is appropriate to evaluate and make public notice. . Said he is in favor of having some kind of public notice. · Suggested that this requirement be added. · Expressed his feeling of responsibility to the residents of Campbell. . Recommended use of a different term from Adult Oriented Businesses. Rather the term should be sexually oriented businesses. Using adult softens who and where they are. . Reminded that the City has wonderful adult programs at its Community Center and he does not want any confusion with the terminology. Commissioner Ebner said he was disappointed to know that Council doesn't want public hearings and said he too wants that language back in. Commissioner Doorley: . Stated that he has opposed strip joints in Campbell for years. . Said that the enactment of these changes will allow strip joints to open in Campbell without any public hearing. . Added that there is clear evidence that demonstrates that when so called "adult oriented" businesses open in a community they diminish surrounding property values and increase crime. . Agreed that the current system needs refinement to make it more defensible in court but the proposed changes are not the proper response. . Said that there is no harm in allowing the community to be notified and allowed to comment before such establishments open in Campbell. . Encouraged his Commission colleagues and Council to send these proposed changes back to the drawing board. Chair Roseberry: . Cautioned that holding a public hearing is just asking for a highly charged vocal meeting that may not have an impact on the decision. . Said that the strategy here makes it more restrictive and tougher to establish. . Reminded that there are no police reviews and background checks for most other kinds of uses. . Stated that the idea is to make it undesirable to go through the process here. Campbell Planning Commission Minutes for June 10, 2008 Page 12 Commissioner Ebner said that he knows exactly what Council is trying to do. They are dealing with a situation they're extremely uncomfortable with. Chair Roseberry said that the process will be more restrictive with Police clearance and an annual review. Commissioner Gibbons: . Advised that she would like a better understanding of Council's decision process. . Said that she is not thrilled with where this is since the Commission spent a lot of time on this issue. . Stated that criteria are needed for saying yea or neigh. . Added that the regrettable part is there would be no public notice. . Concluded that she can see both sides. Commissioner Doorley said that lots of things get a Police Administrative Review and it is a lower degree of review than a public hearing. City Attorney William Seligmann reminded that objective criteria are included in the ordinance. Commissioner Doorley agreed that is a fair point but there is a difference in a staff process versus a Planning Commission/City Council process. He disagreed that there is no value in community input. Commissioner Gairaud: . Said that he too remembers the Study Session and the fact the discussion got emotional at times. . Added that the City Attorney has tried to direct the Commission to create objective criteria. . Stated his agreement with Commissioner Gibbons that he too can see both sides. This is the direction where we have to go. . Asked if the 300 foot standard is an acceptable criteria. If not, it is back to the drawing board. Commissioner Rocha: . Said he can understand both sides too. . Reminded that this Commission sent its message to Council. . Suggested that the Commission could send its message to Council one more time and let it be their decision. Commissioner Alderete: . Reported that there is a higher risk and/or degree of crime with these kinds of businesses per the research provided by the City Attorney and on the referred website. . Said that the cost of potential litigation must be countered by the cost of law enforcement action. Campbell Planning Commission Minutes for June 10, 2008 Page 13 . Pointed out that objective criteria are often subjectively applied. · Stressed the importance of having public hearings. City Attorney William Seligmann pointed out that he also provided some studies that suggest no adverse impacts. Chair Roseberry said the tenor is clear as to why no public notification or hearings are proposed. Commissioner Gibbons: · Said she supports Commissioner Alderete's suggestion to use the term sexually oriented businesses instead of Adult Oriented Businesses. · Suggested that as part of the motion they ask staff to prepare a Conditional Use Permit process and bring it back to the Planning Commission. City Attorney William Seligmann cautioned that a Conditional Use Permit means discretionary. Chair Roseberry asked why it cannot be publicly noticed. City Attorney William Seligmann said this is a grey area of law. He said if necessary, this could be continued so he can put together another written paper. Chair Roseberry asked City Attorney William Seligmann if he is getting any help with the drafting of this ordinance. City Attorney William Seligmann replied that he is not sure how to answer. He advised that he has consulted with a committee of city attorneys with the League of California Cities that deal with this issue specifically. Commissioner Doorley reminded that their recommendation for a public hearing process for Adult Oriented Businesses has already been asked and turned down by Council. He said he would vote no. Commissioner Alderete said he would not support anything that does not include a public hearing process. He added that if this needs to be continued in order to this flesh out, he is in favor. Commissioner Rocha said that each Commissioner has said what needs to be said and suggested that they move on to the next topic. Acting Director Jackie C. Young Lind said perhaps a motion could be made on each item as the review goes on. She recapped that the Commissioners have discomfort with the description of Adult Oriented Businesses and recommend the use of sexually oriented businesses. Additionally, the Commissioners are uncomfortable with the lack of a public notice and/or hearing for these businesses. Campbell Planning Commission Minutes for June 10, 2008 Page 14 Commissioner Gibbons said the options are to approve as is; to turn it down; to postpone; or to move forward with a recommendation that a review process be developed. Commissioner Doorley asked if this would go forward to Council anyway. City Attorney William Seligmann replied yes it would whether the recommendation is approve, deny or something else. Commissioner Doorley advised that his intention is to vote against this. Commissioner Alderete suggested a continuance. Commissioner Doorley questioned what that would accomplish. Chair Roseberry asked the City Attorney if the item would go forward to Council if the Planning Commission were to continue the item. City Attorney William Seligmann said that is an interesting question as to whether Council can pull this away from the Commission. He said likely they would not as long as the Planning Commission has legitimate concerns. He added that Council could give a deadline. Commissioner Gibbons: . Said that Council knows the Commission's opinion and will see the minutes. · Reminded that the Commission's role is advisory and giving Council a message is not the Commission's role. . Agreed that the Commission has already advised the Commission on this issue once. . Said it is her goal to not have this Commission say no but rather to recommend that this important change is needed and should be implemented. . Stressed her desire to see a vote in the affirmative. Commissioner Ebner said he is supportive of the 300 foot distance that leaves nine (9) available parcels. Motion: Upon motion of Commissioner Gairaud, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3895 recommending approval of a Text Amendment that: . Amends Section 21.10.090 eliminating the M-1-A (Light Industrial/Adult Entertainment Overlay) Zoning District and adding a new Section 21.10.090 requiring Sexually-Oriented Businesses to be restricted to the M-1 (Light Industrial) Zoning District, including over-concentration and locational criteria and an amortization clause; Campbell Planning Commission Minutes for June 10, 2008 Page 15 NOES: ABSENT: ABSTAIN: · Deletes Section 5.36.030 and replaces it with new Chapter 5.55 establishing new business license regulations for Sexually Oriented Businesses, including an administrative review by the Police Department similar to the current process for massage establishments, and public notice and hearing processes; by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None Acting Director Jackie C. Young Lind continued her staff report on the next Code Section proposed for amendment as follows: · Advised the medical marijuana is allowed under State Law but illegal under Federal Law. · Recommended that a Code Amendment be adopted that prohibits any uses inconsistent State or Federal Law. . Reminded that both the Planning Commission and Council supported this proposed amendment at their respective Study Sessions. Motion: NOES: ABSENT: ABSTAIN: Upon motion of Commissioner Gairaud, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3896 recommending approval of a Text Amendment to modify Title 21 to include in the Prohibited Use sections in all zone districts a prohibition of any use inconsistent with State or Federal law, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None Acting Director Jackie C. Young Lind continued her staff report on the next Code Section proposed for amendment as follows: . Recommended that the requirement for bookstores over 10,000 square feet in size to obtain a Conditional Use Permit be deleted and instead incorporate them into the general retail use category. . Clarified that it refers to bookstores that do not sell adult material. Motion: Upon motion of Commissioner Gairaud, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3897 recommending approval of a Text Amendment to modify Sections 21.10.040 and 21.10.050 to eliminate the regulation of bookstores over 10,000 square feet, by the following roll call vote: Campbell Planning Commission Minutes for June 10, 2008 Page 16 AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Acting Director Jackie C. Young Lind continued her staff report on the next Code Section proposed for amendment as follows: · Said that there are a number of State laws, including the California Smoke Free Workplace Act that prohibits smoking in the workplace. . Added that smoke shops have a provision that exempts them from this requirement as long as they are owner operated businesses without non-family employees. · Said that the California Health and Safety Code prohibits smoking where food is prepared or stored. · Reported that the primary factors for prohibiting smoking are public health and safety, and the possible need for increased code enforcement. · Reminded that there were a mixed set of opinions at the Planning Commission Study Session. Four members supported businesses with on-site smoking upon issuance of a Conditional Use Permit; two supported prohibition of smoking in all places open to the public and one was supportive of allowing only tobacco free smoking materials. · Reported that Council supported the outright prohibition by a 5-0 vote. Commissioner Gibbons reported that she walks past a hookah lounge every day at lunch and finds no infringement. She asked about compliance with State law. Acting Director Jackie C. Young Lind said that businesses with on-site smoking cannot hire any employees. There is an exception for those businesses owned by the operator and limiting employees to their family members. This is difficult to regulate. Commissioner Gibbons said that she is not in support of this proposal. She advised that she is not a smoker and never has been but feels there is too much regulation of personal choice. She added that there are effective ways of controlling smoke. Commissioner Gairaud said that per the survey in February only one Commissioner supported a tobacco free smoking lounge. He said he wants to be culturally sensitive but Council is clearly in support of prohibiting smoking outright. Commissioner Alderete said that while Council is recommending the outright prohibition of smoking in smoke shops, smoking is currently allowed outside restaurants. He said he is against strictly prohibiting these types of businesses. Commissioner Doorley said he thought Council made a lot of sense and he supports the ordinance as written now. Commissioner Rocha said that most landlords don't want a use such as this in their building as it is not advantageous to their tenant mix. Campbell Planning Commission Minutes for June 10, 2008 Page 17 Chair Roseberry recounted that he has been to some smoke lounges in Los Gatos and on the Alameda and has no big problem with this one. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3898 recommending approval of a Text Amendment to add to the Prohibited Use sections in all commercial zone districts a prohibition on the establishment of any businesses that includes smoking tobacco on site (stand-alone smoking lounges, hookah lounges, etc), by the following roll call vote: AYES: Doorley, Gibbons, Rocha and Roseberry NOES: Alderete, Gairaud and Ebner ABSENT: None ABSTAIN: None Chair Roseberry advised that this item would be considered by the City Council at its meeting of July 1,2008, for final action. *** 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 June 3, 2008, Council approved the Planned Development on Union Avenue and reviewed the draft budget for fiscal year 2008- 09. The budget will be adopted at the June 17th meeting. . Advised that the next Planning Commission agenda has four public hearing items including a Use Permit for the continued use of a construction yard on Railway Avenue; a Site and Architectural Review Permit for Cullen Court; a day spa on S. Bascom Avenue; and an extension for the Creekside office building. . Informed that there is a new staff planner, Daniel Vanwie, who was previously an intern and later a contract planner for Campbell. Commissioner Gibbons asked about public forums held on the Winchester Master Plan. Acting Director Jackie C. Young Lind said that one was held on May 29th. This was the third community meeting. The next meeting will be a Study Session with the Planning Commission. Public Works is preparing the report. Commissioner Gibbons asked about the signs for Hooters. Campbell Planning Commission Minutes for June 10, 2008 Page 18 Acting Director Jackie C. Young Lind said that signage has been reviewed by staff and changes necessary have been implemented. Commissioner Gibbons mentioned the signage for Foxy Avenue Clips, the men's salon. She said the decals on the window are obnoxious. Acting Director Jackie C. Young Lind asked if Commissioner Gibbons refers to the female figures with fox tails. She asked the City Attorney to address this issue. City Attorney William Seligmann said the only potential enforcement issue would be what percentage of window area is covered. ADJOURNMENT The Planning Commission meeting adjourned at 9:42 p.m. to the next Regular Planning Commission Meeting of June 24, 2008. SUBMITTED BY: ~ (~;Re;rding Secretary APPROVED BY: 7}~ ~ Bob Roseberry, Ch . ATTEST: