Loading...
PC Min - 06/24/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JUNE 24, 2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of June 24, 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: Commissioner: Commissioner: Commissioner: Commissioner: Bob Roseberry George Doorley Gary Gairaud Elizabeth Gibbons Michael Rocha Commissioners Absent: Commissioner: Vice Chair: Bob Alderete Mark Ebner Staff Present: Acting Director: Jackie C. Young Lind Senior Planner: Tim J. Haley Assistant Planner: Steve Prosser Assistant Planner: Daniel Vanwie Redevelopment Manager: Kirk Heinrichs City Attorney: William Seligmann Recording Secretary: Corinn~. -Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission minutes of the meeting of June 10, 2008, were approved as submitted. (5-0-2; Commissioners Alderete and Ebner were absent) COMMUNICATIONS 1. Revised findings, conditions and two memos regarding Item 2. 2. One letter regarding Item 3. Campbell Planning Commission Minutes for June 24, 2008 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. PLN2008-71 Salvador, J. Public Hearing to consider the application of Mr. Joe Salvador, on behalf of Railway Distributing, Inc., for an Extension (PLN2008-71) to a previously approved Conditional Use Permit (PLN2002-02) to allow the continued use of the property as a commercial construction supply storage yard and parking lot on property owned by Mr. Joe Salvador located at 238-246 Railway 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: July 15, 2008. Staff Planner: Tim J. Haley, Senior Planner Mr. Tim J. Haley, Assistant Planner, presented the staff report as follows: . Advised that the applicant is seeking to extend a previous approval for two parcels on Railway Avenue that are improved with paved parking and landscape areas. . Said applicant also owns the properties to the north and south of these two properties and operates the construction supply business using all four properties. . Reported that the original approval was granted in 1985 and extensions have been approved. The last extension was in 2002 and was for 7 years, which expires in 2009. . Informed that the applicant is now seeking an approval that does not include a term limit on the use. The applicant also wants to be relieved of the condition that requires him to vacate the property within six months if the property is proposed for redevelopment. . Said that the City Attorney has advised staff that the more appropriate action is a modification to a Planned Development. . Stated that staff is recommending that the Planning Commission adopt a resolution recommending that Council approve a modification to a previously-approved development permit to allow the continued use of the two parcels subject to the imposed conditions of approval. . Added that this request was reviewed by Redevelopment Agency staff. They have no issues with a permanent approval of this on-going use. - Commissioner Rocha sought verification that the request includes no time limit. Campbell Planning Commission Minutes for June 24, 2008 Page 3 Planner Tim J. Haley replied correct. Commissioner Gibbons: . Said that this is not a Conditional Use Permit as that is no longer the applicable term. . Added that it is a modification to a development permit, which is a retroactive correction to something that happened years ago. Planner Tim J. Haley said that there are provisions to modify at the Director, Planning Commission or City Council level. This item is before the Commission as a modification at this time. Commissioner Gibbons clarified that the primary issues are 1) compatibility of use; 2) term of use; and the condition requiring six-month vacancy if requested by the City to allow redevelopment. She asked the City Attorney if these areas are still within the purview of this Planning Commission. City Attorney William Seligmann replied yes. Chair Roseberry opened the Public Hearing for Agenda Item No.1. Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Commissioner Doorley: . Reported that he remembers a prior review that occurred about six or seven years ago. There were site improvement issues, etc. . Asked staff to explain what has changed in nature or prospective use. . Reminded that the goal was that the City wanted to be able to encourage further development of the site. Now that concept is being taken off the table with the proposed elimination of the six-month abandonment condition. Planner Tim J. Haley: . Said that the applicant can better address this issue. . Stated that these two parcels are just a portion of the site that serves as a building supply company. . Added that there is a minimal amount of on-site improvements on these two specific lots. . Said that staff feels that it is unlikely that just these two sites would be redeveloped. It is more likely that all four sites held by this owner might be some day redeveloped. . Informed that the owner is considering a new partner in his company. The six- month abandonment threshold for a portion of the business location is not a desirable condition for the continued use of this business at this location. Acting Director Jackie C. Young Lind: . Advised that she had spoken with Kirk Heinrichs, Redevelopment Manager. Campbell Planning Commission Minutes for June 24, 2008 Page 4 . Said that he explained to her that when this use originally came in, the SOCA plan was being developed that anticipated the redevelopment of this area. . Added that a steady pace of redevelopment has not occurred in this area. . Said that Kirk Heinrichs feels the process for redevelopment would be the same with or without this condition being imposed. Commissioner Doorley asked if there is a similar provision in place with other properties in the area. Chair Roseberry re-opened the Public Hearing for Agenda Item NO.1. Mr. Kirk Heinrichs, Redevelopment Manager: . Said that the SOCA plan was created in 1983. . Added that at the time, the concept of a master development site was considered. The condition was imposed to put the property owner on notice. . Pointed out that this is 27 years later and it remains unlikely that the Redevelopment Agency would be able to come up with the resources to redevelop this area. . Said that it is not fair to keep this applicant on a limited-time use permit. . Assured that if a master development site is created in the future, the process would not change with or without this condition. There is no benefit to continuing to limit this use permit. Rather, it is a little unfair. . Informed that he is not aware of other sites with the same provision. Commissioner Gibbons clarified that the parcels under consideration are only for storage and not the parcel with buildings on it. RDA Manager Kirk Heinrichs pointed out that the four parcels function as one property. Planner Tim J. Haley said that the parcels in question tonight are just the two paved parcels. Commissioner Gibbons advised that she was involved in the development of the NOCNSOCA policies. They were developed with the idea that the area would change over time. She said she is trying to understand why the timed applications should not be continued. RDA Manager Kirk Heinrichs said that there is no redevelopment proposed. There is no active plan to go out and initiate a project. He added that he is not sure how fair this is to the applicant as it creates ownership/financial issues. Chair Roseberry stated that it appears staff does not see the benefit to the City to maintain this condition. RDA Manager Kirk Heinrichs agreed. Campbell Planning Commission Minutes for June 24, 2008 Page 5 Chair Roseberry asked if this use that is currently non-conforming was non-conforming when it opened. Was it in 1984? RDA Manager Kirk Heinrichs said that it was conforming at the time of establishment. The zoning changed. Chair Roseberry said that with the zoning change this use then became non- conforming. Commissioner Gibbons asked about the issuance of a Use Permit. Planner Tim J. Haley said that Use Permits used to be required but a Use Permit is no longer required under the current PD Zoning. RDA Manager Kirk Heinrichs said that the construction supply business was simply permitted by right under the original zoning. Planner Tim J. Haley said that this business was established in the 1950's. The owner has added to the size of the business as well as purchasing additional properties. Mr. Joe Salvador, Applicant and Property Owner, Railway Distributing: . Said he is available for any questions. Commissioner Rocha pointed out that a letter was provided by Commissioner Alderete regarding staging that occurs in the roadway and the fact that the road is blocked for long periods of time when materials are off-loaded in the early morning. Mr. Joe Salvador: . Explained that his grandfather started the business in 1956 on the parcel to the right of these two parcels. . Added that he took over the business and purchased the property across the street. . Reported that in June 1985, he applied for a Use Permit and agreed to a three-year term and a condition to vacate within six months if asked to do so. . Advised that he told the Council at that time, "If you don't want me, I'm gone." . Said that he went on to open other locations and has $30 million in annual sales from this Campbell location. . Said that if he is not able to continue the use on these two 4,000 square foot parcels he would have to consider his options. . Assured that the trucks and forklifts are not in the street. . Stated that the reason he bought the lot is to unload on that lot. His forklifts are not allowed on the street. . Pointed out that other nearby industrial type uses do not have a Conditional Use Permit. Only one parcel, his, is on a CUP. . Suggested that it would be highly unlikely that any developer would buy 8,000 square feet of land situated in between one acre of property owned by another single owner. Campbell Planning Commission Minutes for June 24, 2008 Page 6 . Requested approval and stated that he is happy here. . Mentioned that he was born in Campbell. . Said that if his request were to be denied, it would be time to consider other opportunities available for his business. . Stated his belief that they are an asset to this community and assured that he plans to remain as long as he is welcome. Commissioner Rocha questioned whether no forklift traffic is accurate. Mr. Joe Salvador concede that he owns the parcel across the street so the fork lift would travel from one parcel on one side of the street to his parcel on the other side. Commissioner Rocha asked Mr. Joe Salvador if he could support a condition of approval that states that staging is not allowed on the public street. Mr. Joe Salvador said he had no problem with that condition. Commissioner Rocha recounted that he lives on Sunnyside and has seen off-loading on the street in the early morning (7a.m.). Mr. Joe Salvador said that semi trucks park until they area able to back onto the lot for unloading. Commissioner Rocha said that he has seen 40-foot trucks unloading sheetrock while parked on the street. Commissioner Gibbons stressed the importance of being a "good neighbor." Mr. Joe Salvador: . Said that being a good neighbor is his goal. He said he wants to fit in. . Assured that no staging should occur on the street. . Added that he could support a limit on the hours when the forklifts can cross the street. . Reiterated that he is trying to decide if he is welcome in Campbell or needs to look elsewhere. . Reminded that this property is not large enough to do much. . Reported that he has tried to buyout neighbors but they are not interested in selling. . Advised that he has been a part of Campbell since Sunsweet was canning prunes here. Commissioner Rocha asked if the conditioned hours need to be to 11 p.m. Mr. Joe Salvador replied no. He said that his 13 employees work from 6:30 a.m. to 5 p.m. weekdays. They are closed on weekends. Campbell Planning Commission Minutes for June 24, 2008 Page 7 Chair Roseberry re-c1osed the Public Hearing for Agenda Item No.1. Commissioner Gibbons: . Said that having this one parcel, with the six-month abandonment constraints being imposed on it, is not viable for the owner or the City. . Said she is open to discussion about time limits but feels the hours could be conditioned. . Suggested the standard condition that allows the Director to constrain delivery hours if problems should arise. Commissioner Rocha concurred. Commissioner Gairaud said he agrees as well. He questioned when that requirement would kick in. How many complaints? Commissioner Gibbons said it could be based upon Police reports. Acting Director Jackie C. Young Lind pointed to Condition #5 that covers this issue. Chair Roseberry asked about loading and unloading restrictions. Commissioner Rocha suggested adding Condition #8 to state, "delivery shall be done on site and staging shall not be done on the street or in the public right-of-way." Commissioner Doorley said that since the use runs with the land rather than the owner perhaps the hours should be restricted to 7 p.m. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3899 recommending that City Council approve a Modification (PLN2008-71) to a previously approved Development Permit (PLN2002-02) to allow the continued use of the property as a commercial construction supply storage yard and parking lot on property owned by Mr. Joe Salvador located at 238-246 Railway Avenue, with the following changes to the conditions: . Revise the operational hours to 6:30 a.m. to 7 p.m., daily; and . Add a condition to prohibit staging and/or off-loading of trucks in the public right-of-way; . Add a condition giving the Director the ability to limit delivery hours in the event of a substantiated complaint; by the following roll call vote: AYES: Doorley, Gairaud, Gibbons, Rocha and Roseberry NOES: None ABSENT: Alderete and Ebner ABSTAIN: None Campbell Planning Commission Minutes for June 24, 2008 Page 8 Chair Roseberry advised that this item would be considered by the City Council for final action at its meeting of July 15, 2008. *** Chair Roseberry read Agenda Item NO.2 into the record as follows: 2. PLN2008-74 Trobbe, S. Public Hearing to consider the application of Mr. Scott Trobbe, on behalf of South Bay Development, for an Extension of Approval (PLN2008-74) from December 11, 2008, to June 11, 2011, of a previously approved Planned Development Permit (PLN2005-155) for a 170,000 square foot office building and two parking structures on property owned by Creekside Office Center, LLC, located at 649 Creekside Way in a P-D (Planned Development) Zoning District. A Mitigated Negative Declaration was previously adopted for this project. Tentative City Council Meeting Date: July 15, 2008. Staff Planner: Tim J. Haley, Senior Planner Mr. Tim J. Haley, Senior Planner, presented the staff report as follows: . Reported that the applicant is seeking an Extension of Approval for a previously- approved Planned Development Permit (PLN2005-155) that was approved by Council in November 2006. . Said that the Planning Commission and Council approved a revised hotel that reduced the number of rooms from 210 to 162. . Advised that the approval for the entire site was extended in November 2006 and that approval expires on December 11,2008. . Added that the applicant is requesting a 2.5-year extension for the office building and two parking structures. . Said that the rational is the weak market conditions and the revised hotel proposal. The applicant is proposing to revise the architectural design of the office to better compliment the revised hotel project. . Stated that staff finds the request to be reasonable and recommends that the Planning Commission adopt a resolution recommending the Council approve this Extension of Approval. Chair Roseberry opened the Public Hearing for Agenda Item No.2. Mr. Scott Trobbe, Applicant, South Bay Development: . Thanked Jackie, Tim and Kirk. . Said that they are very excited by this opportunity. . Stated that Tim did a great job with the report. . Said that their financial commitment to this project is strong as demonstrated by their willingness to make a couple of payments to the City in advance in the amount of $260,000 when the extension of approval is granted. Campbell Planning Commission Minutes for June 24, 2008 Page 9 Chair Roseberry closed the Public Hearing for Agenda Item No.2. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3900 recommending the approval of an Extension of Approval (PLN2008-74) from December 11, 2008, to June 11, 2011, of a previously approved Planned Development Permit (PLN2005- 155) for a 170,000 square foot office building and two parking structures on property owned by Creekside Office Center, LLC, located at 649 Creekside Way, by the following roll call vote: AYES: Doorley, Gairaud, Gibbons, Rocha and Roseberry NOES: None ABSENT: Alderete and Ebner ABSTAIN: None Chair Roseberry advised that this item would be considered by Council at its meeting of July 15, 2008, for final action. *** Chair Roseberry read Agenda Item NO.3 into the record as follows: 3. PLN200B-69 Kamm, H & M Public Hearing to consider the application of Helene and Matthias Kamm for a Site and Architectural Review Permit (PLN2008-69) to allow a residential addition to an existing two-story single-family residence resulting in a .5 FAR on property owned by Helene and Matthias Kamm located at 926 Cullen Court in an R-1-6 (Single Family Residential) 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: Daniel Vanwie, Assistant Planner Mr. Daniel Vanwie, Assistant Planner, presented the staff report as follows: . Reported that the applicant is seeking Site and Architectural Review Permit approval for a first and second story addition that results in a .495 FAR. . Described the project site as being on Cullen Court, south of Smith Avenue. The site is surrounding by single-family zoned properties on the north, south and east and a PD developed with single-family residences. . Said that the General Plan land use designation is Low-Density Residential and the zoning is R-1-6. . Added that the property must comply with the regulations in the San Tomas Area Neighborhood Plan. Campbell Planning Commission Minutes for June 24, 2008 Page 10 . Said that the addition consists of 297 square feet and expands the living room on the first floor and creates an office upstairs. The maximum height would be 23.5 feet. The addition is at the rear of the house. . Recommended that the Planning Commission adopt a resolution approving this Site and Architectural Review Permit. Commissioner Doorley asked if any Variances are required here. Planner Daniel Vanwie replied no. Commissioner Gairaud asked when this development was originally developed. Planner Daniel Vanwie said it was more than 10 years ago but he was no sure exactly. Commissioner Rocha said that it was constructed in the late 1980's as he lived nearby at the time. Commissioner Gibbons cautioned that it is unusual to have less than a 3 and 12 roof pitch and warranties may not be honored. She suggested that any changes in roof pitch should be brought to the attention of the Director at building permit stage. Chair Roseberry presented the Site and Architectural Review Committee report as follows: . SARC considered this item on May 13, 2008. . Reported that SARC requested that a letter be solicited by the property owner to the east; that obscured glass be used on the second floor office window. Chair Roseberry opened the public hearing for Agenda Item NO.3. Mr. Matthias Kamm, Applicant and Property Owner: . Said that this home was built less than 10 years ago and he moved into it when it was new. . Informed that the additional space is necessary because they have three children. He advised that they moved in they had one child and when they decided to have a second child they had twins. . Said that his neighbor's two-story home overlooks his yard and they have installed three large 20-foot tall trees to screen the view onto their property. There are also existing trees, crape myrtle and ash, on the east property line for screening. His neighbor also has a mature mulberry. . Explained that there is a single additional window facing east. Two are already there. . Added that they would consider translucent glazing but prefer not to use it. . Advised that they found the original architect to do this addition for continuity. Chair Roseberry closed the public hearing for Agenda Item NO.3. Campbell Planning Commission Minutes for June 24, 2008 Page 11 Commissioner Gairaud: . Explained that he is troubled by exceeding the .45 FAR standards. . Pointed out that the site was maxed out by the developer when originally built. . Added that this owner is trying to maximize even more. . Opined that there is too much of a footprint of this house. . Pointed out that there are options to consider when buying or enlarging a home. . Said he can't support this request as it represents too much mass. Commissioner Gibbons asked about the desk item from the neighbor. Planner Daniel Vanwie said that this communication is from the neighbor to the east (back) neighbor. Commissioner Gibbons said that this neighbor appears somewhat distressed. While there are three large windows facing north, there is but a single window facing east. She pointed out that this neighbor is asking for a higher fence and suggested that the applicant be asked about the possibility of one. Commissioner Doorley questioned what would be accomplished with a taller fence when this is a second story addition. Commissioner Gibbons said that the whole house would be closer including the single- story windows. Commissioner Doorley said he could motion for use of opaque glass on that window. He said that this addition does not contribute to massing and this is a conforming application. Commissioner Rocha seconded Commissioner Gairaud's comments and said he too is not supportive. Commissioner Gibbons said that the room with three windows is not in contention. She said she could support the use of opaque glazing in the second floor window. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3901 granting approval of a Site and Architectural Review Permit (PLN2008-69) to allow a residential addition to an existing two-story single-family residence resulting in a .495 FAR on property owned by Helene and Matthias Kamm located at 926 Cullen Court, with an addition to Condition 2 requiring the use of opaque glazing on the new second floor office window facing east, by the following roll call vote: AYES: Doorley, Ebner, Gibbons and Roseberry NOES: Gairaud and Rocha ABSENT: Alderete ABSTAIN: None Campbell Planning Commission Minutes for June 24, 2008 Page 12 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.4 into the record as follows: 4. PLN2008-77 En,Z. Public Hearing to consider the application of Ms. Zhang En for a Conditional Use Permit (PLN2008-77) to allow the establishment of a day spa with massage services and future tanning services, dry heat and steam baths/showers on property owned by Mr. Gennaro Passaro located at 2080 S. Bascom Avenue in a C-2-S (General Commercial) 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: . Reported that the applicant is seeking a Conditional Use Permit to allow the establishment of a day spa with massage services. . Described the project site as being in a C-2 (General Commercial) Zoning District. The tenant space consists of approximately 44 percent of the multi-tenant building that is located on the east side of S. Bascom Avenue. . Said that the General Plan land use designation is General Commercial. This use is consistent with a Use Permit. . Informed that no exterior alterations are proposed. . Said that business hours would be from 10 a.m. to 9 p.m. daily and operational hours from 9 a.m. to 10 p.m. . Advised that 16 spaces are required and 17 provided. . Stated that the Police Department has no objection and that a Police Department permit will be required for every massage therapist. . Said that no SARC review took place and that the project can be deemed Categorically Exempt under CEQA. . Suggested that the Commission adopt a resolution approving this use. Commissioner Rocha said he conducted a site visit and found the parking spaces at the rear portion of the property to be tight for larger vehicles. Planner Steve Prosser said that staff could inspect to make sure they are correct per the site plan. Commissioner Gibbons asked about the potential for provision of ADA parking spaces. Campbell Planning Commission Minutes for June 24, 2008 Page 13 Planner Steve Prosser said that it would depend on whether the tenant improvements are enough to trigger them. Chair Roseberry opened the public hearing for Agenda Item NO.4. Chair Roseberry closed the public hearing for Agenda Item No.4. Commissioner Gibbons asked if more restrictive trash clean up hours should be imposed. She suggested perhaps 8 p.m. or to modify Condition 18 to allow operational hours between 8 a.m. and 10 p.m. Acting Director Jackie C. Young Lind pointed out that the issue of emptying trash/recyclables is more of a noise concern with restaurants. There is not a lot of use of glass bottles with a day spa. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Gairaud, the Planning Commission adopted Resolution No. 3902 granting approval of a Conditional Use Permit (PLN2008-77) to allow the establishment of a day spa with massage services and future tanning services, dry heat and steam baths/showers on property owned by Mr. Gennaro Passaro located at 2080 S. Bascom Avenue, with the modification to Condition 14 for operational hours between 8 a.m. to 10 p.m., by the following roll call vote: AYES: Doorley, Gairaud, Gibbons, Rocha and Roseberry NOES: None ABSENT: Alderete and Ebner ABSTAIN: None 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 June 17,2008, Council took second reading of the Planned Development for the Union Avenue project; and took action to approve the Planned Development at Winchester and EI Caminito Avenue; and adopted the operational budget for 09 and the CIP for 2009-2013. . Advised that there are no regular items for the next Planning Commission meeting but a Study Session will be held on the Planning process. . Said that a subsequent Study Session is tentative scheduled for August 26, 2008, that would cover the coordination of the Planning process with other City departments as well as outside agencies. Campbell Planning Commission Minutes for June 24, 2008 Page 14 . Said that the City Manager would like to make a presentation to the Commission on the subject of the City's financial situation. He is offering to make a presentation at the July 8th meeting or on the next day at 6 p.m. Chair Roseberry expressed a preference form July 8th. Commissioner Gibbons asked for munchies and a break between this presentation and the Study Session. Commissioner Gairaud also preferred July 8th. ADJOURNMENT The Planning Commission meeting adjourned at 8:58 p.m. to the next Regular Planning Commission Meeti of June 24, 2008. SUBMITTED BY: onnne A. Shinn, Recording Secretary APPROVED BY: 6b ~ Bob Roseberry, air ATTEST: cting Secretary