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PC Min - 08/12/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY AUGUST 12, 2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of August 12, 2008, was called to order at 7:30 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: Bob Roseberry Mark Ebner George Doorley Gary Gairaud Elizabeth Gibbons Michael Rocha Commissioners Absent: Commissioner: Bob Alderete Staff Present: Community Development Director: Principal Planner: Assistant Planner: Assistant Planner: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Steve Prosser Daniel M. Fama William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of July 22, 2008, were approved as submitted. (6-0-1; Commissioner Alderete was absent) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for August 12, 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. PLN2008-96 PLN2008-112 Uehara, M. Public Hearing to consider the application of Mr. Masatsugu Uehara for a Conditional Use Permit (PLN2008-96) to allow an on-sale beer and wine license for a new restaurant use (Masa Sushi) including minor exterior alteration and additions to an existing vacant commercial building, and a Sign Permit (PLN2008-112) for a new sign on an existing free-standing sign structure, on property owned by Mr. Patrick Chau located at 2210 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Mr. Daniel M. Fama, Assistant Planner, presented the staff report as follows: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow an on-sale beer and wince license in conjunction with a new restaurant and a Sign Permit for associated signage. . Added that the project includes minor additions and exterior alterations. . Reported that the applicant has recently purchased this property. . Described the location as being on the east side of Bascom Avenue, south of Apricot. The building was construction in 1980. . Said that the Land Use designation is General Commercial and the Zoning designation is C-2-S (General Commercial). . Stated that the adjacent uses are commercial to the south, north and west and single-family residential to the east. . Informed that the existing five-foot wall would be retained. . Said that the provision of 12 parking spaces allows for 36 seats. No outdoor seating is proposed. . Added that the alcohol sales would be for on-site consumption only and requires full food service during all operational hours. . Reported that the Police Department has no objection. . Said that the addition equals approximately 357 square feet including a covered walkway, storage and a walk-in cooler. The building will be painted beige. Landscaping will be added including six new trees. Four non-protected trees will be removed. Campbell Planning Commission Minutes for August 12, 2008 Page 3 · Stated that the applicant is proposing a new channel letter wall sign and a panel located within an existing freestanding sign. . Said that staff finds that the proposed beer and wine sales are incidental to the restaurant use and does not result in over-concentration. . Recommended approval and advised that the applicant and architect are both here. Commissioner Ebner presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on July 22,2008. . Listed the comments from SARC as including: o Improve the front landscaping. o Ensure that the trash enclosure can accommodate recycling. o Verify the location of the picket fence. o Make sure the sign is compatible with the building design and colors. Chair Roseberry opened the Public Hearing for Agenda Item No.1. Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Commissioner Gibbons asked staff to verify that the 300 foot noticing was done and no concerns were raised. Planner Daniel Fama: . Confirmed that the proper noticing was done. . Reported that one neighbor had called with concerns about trash pickup and was going to send an email but that email never arrived. . Added that he spoke with Bill Helms in Public Works who advised him that if there is a conflict with trash pick up times, the City discusses it directly with West Valley Collection and Recycling. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3904 granting a Conditional Use Permit (PLN2008-96) to allow a beer and wine license for a new restaurant use (Masa Sushi) including minor exterior alteration and additions to an existing vacant building and a Sign Permit (PLN2008-112) for a new sign on an existing freestanding sign structure on property owned by Mr. Masatsugu Uehara located at 2210 S. Bascom Avenue, by the following roll call vote: AYES: Doorley, Ebner, Roseberry None Alderete None Gairaud, Gibbons, Rocha and NOES: ABSENT: ABSTAIN: Campbell Planning Commission Minutes for August 12, 2008 Page 4 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. PLN2008-95 Baldwin, J. Public Hearing to consider the application of Mr. James Baldwin for a Conditional Use Permit (PLN2008-95) to allow a change of use from professional office to medical office to allow hyperbaric chamber treatment in an existing building on property owned by Deborah Follmar located at 14589 S. Bascom Avenue in a P-O (Professional Office) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Mr. Steve Prosser, Assistant Planner, presented the.staff report as follows: · Advised that the applicant is seeking approval of a Conditional Use Permit to allow a change of use from professional office to medical office in a P-O (Professional Office) Zoning District. The General Plan Land Use designation is also Professional Office. · Added that a Use Permit is required to change from professional to medical office use. · Said that this building was last used as a professional office. One exterior change is proposed, a window replaced with French doors. Additionally, the rear door is to be increased in width to facilitate the delivery of oxygen tanks. · Said that the parking requirement for this 2,000 square foot building is 11 spaces. · Reported that two lot configurations were reviewed by SARC. A parking adjustment is required. Option 1 provides a more desirable on-site traffic circulation but would result in the removal of landscaping and a deficit of one parking space. Option 2 provides a less desirable traffic circulation but keeps the landscaping. In incorporates tandem parking that provides a total of 8 spaces. · Suggested imposition of a condition that any other proposed medical use on site would require additional parking. · Advised that the Planning Commission can deny this request if both parking options are not acceptable. . Reported that SARC reviewed this project on July 22nd. · Recommended that the Planning Commission find this project to be Categorically Exempt under CEQA and that the Commission adopt a Resolution approving this Conditional Use Permit subject to the conditions of approval. Commissioner Ebner asked for clarification that the existing windows would now remain. Planner Steve Prosser replied yes, based on a last minute change to the proposal. He added that the applicant can elaborate on their latest changes. Campbell Planning Commission Minutes for August 12, 2008 Page 5 Commissioner Gibbons pointed out that there is no trash enclosure on the site plan. Planner Steve Prosser agreed and said that there is a condition requiring the applicant to either provide the location for a enclosure or show storage of trash receptacles. Commissioner Ebner presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on July 22, 2008. · Said that SARC asked for a landscape plan that includes ground cover. · Added that they also asked that the applicant consider the minimum number of parking spaces required to adequately support this use. Chair Roseberry opened the Public Hearing for Agenda Item No.2. Mr. David Barkley, Resident on Gomes Court, asked what a hyperbaric chamber is. Dr. Ken Follmar, Applicant & Property Owner: · Explained that he is not the doctor that will occupy this site. He is a dental surgeon and the landlord. · Said that a hyperbaric chamber is a chamber with oxygen under pressure whereby a patient can receive oxygen in their cells to help with wound healing. This chamber used to be used to deal with the bends in deep sea divers. In this application, it is used for cancer patients. Commissioner Gibbons asked how long the average treatment would last and is it done on an out-patient basis. Dr. Ken Follmar replied that it is done on an outpatient basis and takes about two hours. Patients are usually dropped off. Commissioner Ebner asked Dr. Ken Follmar if he does not anticipate parking problems here. Dr. Ken Follmar replied not at all. Commissioner Ebner asked how many staff would operate this clinic. Dr. Ken Follmar replied two or three. He added that there are two large oaks on the front of this property and landscaping cannot be placed underneath it. He stated that the property is very attractive the way that it is. Mr. James Baldwin, Project Architect, clarified that there would be no outdoor compressors but rather indoors. Commissioner Rocha asked the hours of operation. Campbell Planning Commission Minutes for August 12, 2008 Page 6 Mr. James Baldwin replied 8 a.m. to 8 p.m. He added that there is a door in back and an existing six-foot window that will be replaced with a six-foot sliding door to serve the break room. Chair Roseberry closed the Public Hearing for Agenda Item NO.2. Commissioner Gibbons said that this applicant needs to be aware of the necessity for quiet as there are adjacent residential uses. Commissioner Doorley: . Said that this is a fine use for this site. · Said that he is concerned about the incomplete level of detail provided in this application. · Added that it appears they are making the minimal amount of changes possible to accept this use on this site. · Said that nothing has been done to improve the site. · Stated that inclusion of tandem parking raises the concern that this site is already overbuilt. · Advised that he prefers a comprehensive reuse of this site. · Concluded that this request needs more work. Commissioner Ebner: · Said that as patients are typically dropped off for their treatments, he does not see parking issues. · Advised that fellow Commissioner Alderete liked the fact that this building would continue to be used as it is different. It incorporates an old ranch look that is attractive and well maintained. Commissioner Doorley reminded that this opens the site up for more intensive medical uses. Potential uses have to be considered. Commissioner Ebner said that was a point well taken but future uses could be reevaluated. Commissioner Doorley reminded that Use Permits run with the land and not the operator. Principal Planner Jackie C. Young: . Explained that the patients are cancer patients. . Advised that this treatment itself does not make them unable to drive but rather their medical condition does. · Suggested that tandem parking be reserved for employees. · Reminded that this is a low demand use. · Suggested adding a condition requiring that any new medical use on this property to obtain a new Use Permit. Campbell Planning Commission Minutes for August 12, 2008 Page 7 Commissioner Rocha said that he supports the condition requiring future medical uses to reapply. He agreed that other medical uses may be more intensive than this one. This parking has been tailored for this specific use. Commissioner Ebner agreed that this Use Permit should be tied to this specific use only. Commissioner Gairaud asked for clarification that the Commission is focused on Option 2 that includes the use of tandem parking. Commissioner Rocha suggested that staff be encouraged to use the tandem parking spaces. Commissioner Doorley said that staff would likely not want to be boxed inside a tandem space that could limit their ability to get out for lunch. Chair Roseberry said that this is a self policing thing. Staff gets there first. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Gairaud, the Planning Commission adopted Resolution No. 3905 granting a Conditional Use Permit (PLN2008-95) to allow a change of use from professional office to medical office to allow hyperbaric chamber treatment in an existing building on property owned by Ms. Deborah Follmar located at 14589 S. Bascom Avenue, amending Condition 2 to limit medical uses on site under this Use Permit to the provision of hyperbaric chamber treatment, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Ebner, Gairaud, Gibbons, Rocha and Roseberry Doorley Alderete 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. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Reported that Council recently took action to authorize the processing of a General Plan Amendment for property located at Bucknall & San Tomas Aquino Road. · Advised that there would be a study session prior to the next PC meeting. · Announced that an RFP has been sent out for the Housing Element Update. The Housing Element is the most strictly regulated element of the General Plan and numerous neighborhood/community meetings as well as study sessions will be Campbell Planning Commission Minutes for August 12, 2008 Page 8 held as part of the update process, likely at the end of the year or early in 2009. She added that this will be a green housing element per State Law. · Explained that the meetings prior to Thanksgiving and Christmas would be cancelled. ADJOURNMENT The Planning Commission meeting adjourned at 8:17 p.m. to the next Regular Planning Commission Meeting of Au SUBMITTED BY: APPROVED BY: ~se~ ATTEST: ~~ Sharon Fierro, Secretary