Loading...
PC Min - 08/26/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY AUGUST 26, 2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of August 26, 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: Bob Roseberry Mark Ebner Bob Alderete George Doorley Gary Gairaud Commissioners Absent: Commissioner: Commissioner: Elizabeth Gibbons Michael Rocha Staff Present: Community Development Director: Principal Planner: Assistant Planner: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Steve Prosser William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Ebner, the Planning Commission minutes of the meeting of August 12, 2008, were approved as submitted. (4-0-2-1; Commissioners Gibbons and Rocha were absent and Commissioner Alderete abstained) COMMUNICATIONS 1. Desk item for Agenda Item No. 1 (Correction to conditions of approval). Campbell Planning Commission Minutes for August 26, 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. PLN2008-113 PLN2008-119 Gleason, F. Public Hearing to consider the application of Ms. Franceska Gleason, on behalf of Edwin Bruce Associates, for a Modification (PLN2008-113) to an Administrative Planned Development Permit previously approved by the Planning Commission allowing the remodel of an existing fast food restaurant use (KFC) to accommodate a dual brand fast food restaurant (KFC/Long John Silvers),and a Sign Exception Permit (PLN2008-119) for two walls signs on the Winchester Elevation and one freestanding sign on property owned by Harman Management Corporation located at 1805 Winchester Boulevard in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Steve Prosser, Assistant Planner. Mr. Steve Prosser, Assistant Planner, presented the staff report as follows: . Advised that the applicant is seeking approval of a Modification to a Planned Development Permit that was previously approved by the Planning Commission. . Said that the original approval was to allow the remodel of an existing KFC to accommodate a dual brand KFC/A&W restaurant. The applicant seeks to modify the exterior changes to accommodate a dual KFC/Long John Silver restaurant. . Described the project site as being on the northwest corner of Winchester and Latimer. . Said that surrounding uses include commercial to the east; commercial/residential to the west; commercial/public facilities/residential to the . north and office/commercial to the south. . Stated that this restaurant use is existing on this site and is a consistent use with the Land Use designation. The use is consistent within P-D Zoning with approval of an Administrative PD Permit. . Explained that no changes are proposed for the operational hours (10 a.m. to 10 p.m.). Campbell Planning Commission Minutes for August 26, 2008 Page 3 . Added that there is a reduction in the total number of seats from the previous 84 to 74. With that number of seats, 25 parking spaces are required and 29 are provided. . Pointed out that this is an existing single-story commercial building and no change in the footprint are proposed. The mansard roof will be removed and new architectural elements incorporated. The building colors are earth tone. Down lights will be installed near the entrances. A checkerboard pattern has been eliminated. The window and door framing will be bronze in color. . Said that the applicant is seeking approval for two new wall signs and the refacing of the existing monument sign. A Sign Exception can be approved by the Planning Commission. . Reminded that on December 11, 2007, the Commission denied the original sign proposal for four wall signs and one freestanding sign. The applicant appealed that denial to Council. On January 15, 2008, Council granted an appeal and allowed for two wall signs and one freestanding sign. . Informed that the original sign area granted by Council totaled 98 square feet. This current proposal is for 92 square feet. Approximately 21 square feet is for the Long John Silver sign; approximately 22 square feet for the Colonel logo; and 48 square feet for the freestanding sign. . Recommended approval, explaining that the required Public Works streetscape landscaping requirements would limit visibility from the street. . Stated that SARC reviewed this application on August 12th. . Recommended that this project be deemed Categorically Exempt under CEQA as a minor alteration to an existing structure and that the Commission adopt a resolution approving this Administrative PD Permit and Sign Exception, as modified. . Reported that the applicant is available this evening. Commissioner Doorley asked for verification from staff that this request for the Sign Exception is comparable to what Council approved and is, in fact, slightly reduced in square footage but the same number of signs. Planner Steve Prosser replied correct. Commissioner Alderete: . Reminded that four specific findings must be made to support a Sign Exception. . Said that the first finding indicates that signs otherwise not allowed would not be visible to the public due to issues not within their control. . Added that staff evaluation is that the Public Works streetscape requirements would reduce visibility of the sign if it were to be located at the center of the building. . Asked if there were any drawings available of the proposed streetscape. Planner Steve Prosser pointed to the plan sheet in the packet. Commissioner Alderete asked which sign would be blocked and from what direction. Campbell Planning Commission Minutes for August 26, 2008 Page 4 Planner Steve Prosser said that it is anticipated that if a single centered wall sign were to be used on the building frontage, it would be blocked by the street trees. Commissioner Alderete asked if this streetscape would impact all existing signs or only this particular sign. Planner Steve Prosser said this particular sign. The existing freestanding sign is not impacted. Commissioner Ebner asked for the species of tree proposed and what kind of growth it will see in 10, 15 and 20 years. He suggested that perhaps the lack of visibility for the signs might not occur for 10 to 20 years after the planting of these street trees. Planner Steve Prosser said that the street tree is an Autumn Maple but he was not certain of its growth pattern. Commissioner Ebner presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on August 12, 2008. . Advised that SARC was concerned about the need for additional signage. . Added that SARC asked the applicant to provide a revised site plan and that they screen the transformer. Chair Roseberry opened the Public Hearing for Agenda Item NO.1. Ms. Franceska Gleason, Applicant: . Said she wanted to clarify a couple of things about the architecture. There will be eyebrow canopies on three elevations. The horizontal lines are not siding but stucco. . Stated that the issue of trees is the spacing. . Added that when these trees are mature, the two wall signs will still have limited visibility. . Explained that the reason for the change from A&W to Long John Silvers is the belief that there is an oversaturation of A&W's while Long John Silvers are limited in the San Jose Area. Therefore it is a unique brand for Campbell. . Advised that signs are a key issue for this owner. Visibility is of key importance for this project and makes the investment worth financially for this owner. It is believed that incorporating a second brand will help offset the cost of construction and the closure period. The architecture and signs are designed to work together. . Reminded that the new Long John Silvers sign is 7.5 square feet smaller than the previous A&W sign. Commissioner Ebner asked what the anticipated construction period is. Campbell Planning Commission Minutes for August 26, 2008 Page 5 Ms. Franceska Gleason replied 90 days but it always goes longer. She said that this is a substantial remodel and there are lots of public improvements required including a sewer lateral. Commissioner Ebner asked if construction fencing and signage would be posted. Ms. Franceska Gleason replied probably. Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Commissioner Doorley: . Said he would vote in support especially in light of the reduction in square footage from what Council has already approved. . Added that use of dual brands is becoming more common. . Cautioned that this exception sets a bad precedent. Commissioner Ebner: . Said that he has respect for Commissioner Doorley's opinion but pointed out that the Council decision on the sign appeal was won by only one vote. . Reminded that this KFC site has existing good will. It is a worldwide brand that will be in operation at the same location it has been in for years. . Assured that they will have no problem getting people to buy their product. . Said that he is not supporting the extra signs. . Added that he likes the architectural details but not the additional signage. Commissioner Alderete: . Said that he likes the idea of the restoration/remodel of the restaurant. . Added that he also appreciates what each business brings. . Said that he supports the recommendation of SARC regarding the landscape plan and the screening of the transformer equipment. . Advised that he has a problem making the findings for the sign exception. . Reported that he sat in on the SARC meeting and was at the last Planning Commission with this application. . Added that he also watched the Council proceedings and deliberations. . Pointed out that the Council members who discussed the findings during deliberations voted to deny the sign appeal while those Council members who didn't discuss the required findings did vote to support the appeal. . Stated that he cannot make the findings, particularly Finding 1, based on what landscaping might do in the future to block visibility of signage. . Said that there can be very reasonably visible signs without need for a Sign Exception. This can be a successful restaurant without an Exception to the Sign Code. . Advised that he would not support this application. Commissioner Gairaud: . Agreed with the comments made. Campbell Planning Commission Minutes for August 26, 2008 Page 6 . Said that KFC will continue its tradition in Campbell. · Stated he was disappointed that the A&W was changed to Long John Silvers. . Advised that he has a problem with granting a Sign Exception. · Said he could support two signs in total, one wall and one monument. . Reminded that this KFC has a longstanding history in the community and people know they are there. . Announced that he would not support the Sign Exception at this time. Chair Roseberry said that he would support approval as he did the last time. This plan was approved before and is being modified to a minor degree and should go forward. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gairaud, the Planning Commission adopted Resolution No. 3906 approving an Administrative Planned Development Permit (PLN2008-113) for a remodel and site modification for an existing commercial building (KFC & Long John Silver's restaurant) on property owned by Harman Management Corporation located at 1805 Winchester Boulevard, with the SARC recommendations, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud and Roseberry NOES: None ABSENT: Gibbons, Rocha ABSTAIN: None City Attorney William Seligmann suggested that for the denial of the Sign Exception that the Commission modifies Finding 1 by adding the text at the beginning of the sentence to read, "The evidence does not show that...." He also suggested striking Findings 2 through 4 and adding "not" to the conclusionary findings. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3907 denying a Sign Exception (PLN2008-119) for two wall signs and one freestanding sign on property owned by Harman Management Corporation located at 1805 Winchester Boulevard, by the following roll call vote: AYES: Alderete, Ebner and Gairaud NOES: Doorley and Roseberry ABSENT: Gibbons, Rocha ABSTAIN: None 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: Campbell Planning Commission Minutes for August 26, 2008 Page 7 2. Staff Initiated Public Hearing to consider City-Initiated Text Amendments regarding Historic Preservation, including: Move the Historic Preservation Ordinance (with the exception of the Historic Overlay regulations) from Chapter 21.14 to new Chapter 21.33; Augment to Definitions Section; Define the procedure for formal listing of historic properties; Add an interim measure; Add a fee for rescinding a historic designation; Add Planning Commission review to authorize a change in use for historic properties; Add an incentives section; Change the appointment procedure for the Historic Preservation Board; and Allow for a change to the composition of the Historic Preservation Board. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: September 16, 2008. Project Planner: Jackie C. Young, Principal Planner Ms. Jackie C. Young, Principal Planner, presented the staff report as follows: . Advised that on the Fiscal Year 2007/08 Work Plan, an update to the Historic Resources Inventory (HRI) was included. . Reported that during the process of updating the HRI, staff and the Historic Preservation Board members found that the process is not specified on adding to the HRI. . Added that the HPB formed a working committee that met in 2007 and 2008 that drafted a proposed Text Amendment that included: 1. Move the Historic Preservation Ordinance (with the exception of the Historic Overlay regulations) from Chapter 21.14 to new Chapter 21.33; 2. Augment the Definitions Section; 3. Define the procedure for formal listing of historic properties; 4. Add an interim measure; 5. Add a fee for rescinding a historic designation; 6. Add Planning Commission review to authorize a change in use for historic properties; 7. Add an incentives section; 8. Change the appointment procedure for the Historic Preservation Board; and 9. Allow for a change to the composition of the Historic Preservation Board to allow for one non-resident member. . Reported that Historic Preservation is currently included in Section 21.15, which is the Overlay Section. . Said that the recommendation is that it be moved from that section except for the retention of the description of an Historic Overlay. . Added that a New Section 21.33 is proposed as the Historic Preservation Ordinance. . Said that within the Zoning Code Administration Section, a description of how the HPB works is already in that section. . Stated that the proposed update reorganizes and clarifies a few new items. Campbell Planning Commission Minutes for August 26, 2008 Page 8 . Said that this Text Amendment is consistent with the goals and policies of the General Plan and includes a procedure for the update of the HRI; encourages adaptive reuse through incentives; recognizes use of the State Historic Building Code; looks at creating new incentives; and provides additional procedures for altering or demolishing historic structures. CLG definitions are included. . Reported that Council held a Study Session on July 1st and the consensus was to support the staff recommendations. . Noted that this Commission held a Study Session on July 22nd and also had a consensus to support the adoption of these updates. . Outlined the fiscal impacts as including a fee for rescinding historic designations; a fee for processing historic exceptions; and possibly enacting of Mills Act Contracts. . Explained that the reason for fees for rescinding a historic designation is to cover the cost associated with adequate environmental review. . Added that the fees are similar to those charged for other forms of review. . Clarified that a Mills Act Contract is between a property owner and local government that is a property tax reduction for the maintenance of a historic resource. It is a contractual agreement. Mills Act Contracts will be further explored in the future. . Stated that the HPB is recommending adoption of these Text Amendments and Vice-Chair Susan Slake is present this evening. . Asked that the Commission adopt a resolution recommending Council adoption of this Ordinance. . Said that also included are provisions for the salvage and recycling of historic building materials and inclusion of the recently adopted historic design guidelines. . Reminded that at the last study session, Commission Alderete asked the HPB if there is anything they wanted to include that was not here yet. . Explained that Chair JoElle Hernandez and Vice-Chair Susan Blake had raised one item, the HPS review role on material changes. . Said that presently the HPB can offer advisory recommendations. . Reported that the next step on the Fiscal Year 08/09 work plan is to explore the Mills Act and develop a variety of economic incentives for historic preservation. . Announced that there would be another Council study session in the near future. Commissioner Alderete: . Thanked staff for a very detailed report. . Said that the remaining topic open for discussion appears to be the issue of an advisory role versus an appealable decision. . Asked staff if there is proposed language this Commission can go with right now to include that issue or is it something than needs to be fleshed out further. Planner Jackie C. Young advised that the current language is not changed from current practice. Commissioner Alderete said he is in favor of having HPB making appealable decisions on historic properties as it places/allows the benefit of the superior knowledge of the HPS. He said he would like to add this in tonight if it is relatively simple to do so. Campbell Planning Commission Minutes for August 26, 2008 Page 9 Chair Roseberry said that this may be a matter of discussion. He added that the HPB role has value with the Planning Commission. Commissioner Alderete: . Said that it is fair and wise to do that. . Asked if perhaps further study is necessary before tackling what is before us tonight. . Cautioned that if it is not added now, it may take a couple of years to get back to it. Chair Roseberry said that the HPB offers recommendations to the Planning Commission. He said that changing the role needs to be thought out and discussed and not added "on the fly." Commissioner Doorley said he is intrigued by Commissioner Alderete's recommendation. He said if there is a way of building this in by adding a sentence to the motion asking that Council consider a change from advisory to appealable decisions. With that recommendation, staff can work on specific language. Planner Jackie C. Young said that there is language already in Section 21.33.080, in the third paragraph, "Review and recommend" to "granting." Commissioner Doorley said that more work is necessary and this can still move on to Council as a consideration. Chair Roseberry said this is a good suggestion. Commissioner Alderete agreed that one cannot draft an Ordinance at a public hearing. He reminded that the public hearing has not yet been opened and he would like to hear from Susan Blake. Chair Roseberry opened the Public Hearing for Agenda Item No.2. Ms. Susan Blake, Vice-Chair, Historic Preservation Board: . Expressed her appreciation for the consideration of this major project. . Said that the changes feel like a more public friendly ordinance with better defined procedures and terms. It reduces redundancies. . Added that a clearer set of guidelines meets the Secretary of the Interior guidelines. . Reminded that Campbell is a CLG agency. . Explained that when a variety of projects come before the HPB, they have an advisory role only and make recommendations. . Added that applicants can proceed or come to the Planning Commission or City Council. . Stated that it should be possible to make a decision at the HPB level without having to come to the Planning Commission. . Agreed in some cases, it would be necessary to forward a recommendation on to the Planning Commission. Campbell Planning Commission Minutes for August 26, 2008 Page 10 . Added that she is not sure if it is wise to make an HPB decision final unless appealed. . Agreed that there is a need to flesh this out and it is wise to take time to do that. . Said she is available for any questions. Commissioner Alderete said that it had been discussed to have an HPB member on SARC when historic structures are under consideration. Ms. Susan Blake said that is a fine idea. Commissioner Ebner said that SARC would benefit from having an HPB member at SARC when considering historic properties or structures. Chair Roseberry asked staff what's the right move here. Commissioner Doorley suggested recommending that Council consider this Text Amendment based on the staff recommendation. Council can postpone if they feel it is necessary. Chair Roseberry said that the recommendation to Council can be to adopt what they have in front of them and work on additional issues later. Commissioner Doorley suggested recommending that Council approve this Text Amendment and add a sentence requesting that consideration be given to ... (staff work out specific text). He agreed that Council would have the opportunity to oppose it or continue it. Chair Roseberry closed the Public Hearing for Agenda Item NO.2. Commissioner Gairaud asked if the Commission could do this. City Attorney William Seligmann replied yes. He said that he just needs to know where to put the... (dot, dot, dot) Commissioner Doorley: . Suggested including an HPB member at SARC meetings when considering a historic property, a listed property or landmark. . Suggested that consideration be given to delegating authority to HPB for approval and denial of material changes on historic properties. Chair Roseberry said that the issue of appealable decision versus advisory must be determined. Planner Jackie C. Young: . Reminded that the Community Development Director can always bump an item up to the Planning Commission. Campbell Planning Commission Minutes for August 26, 2008 Page 11 · Said that 21.33.070(b) currently has changes to exterior brought by staff to HPB. The proposed change would go from review and/or recommendation to a decision that would be made by the Historic Preservation Board that is appealable. City Attorney William Seligmann suggested modifying Section 21.33.070 to allow HPB to make an appealable decision on construction, demolition or material changes. Planner Jackie C. Young said that Section 21.54 would also need a minor amendment to include SARC participation by a member of HPB on historic properties. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3908 recommending approval of City-Initiated Text Amendments regarding Historic Preservation, including: Move the Historic Preservation Ordinance (with the exception of the Historic Overlay regulations) from Chapter 21.14 to new Chapter 21.33; Augment to Definitions Section; Define the procedure for formal listing of historic properties; Add an interim measure; Add a fee for rescinding a historic designation; Add Planning Commission review to authorize a change in use for historic properties; Add an incentives section; Change the appointment procedure for the Historic Preservation Board; and Allow for a change to the composition of the Historic Preservation Board, with the additions to: . Consider adding one member of HPB to any SARC meeting at which an historic property is under review; and . Modify Section 21.33.070 to authorize HPB to make appealable decisions versus its current advisory actions; by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud and Roseberry NOES: None ABSENT: Gibbons, Rocha ABSTAIN: None Chair Roseberry advised that this item would be considered by the City Council at its meeting of September 16, 2008, for final action. *** 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 the next Planning Commission meeting on September 9, 2008, has been cancelled. Campbell Planning Commission Minutes for August 26, 2008 Page 12 Commissioner Doorley: . Said that as he concludes his term on the Commission he wanted to recommend that this Planning Commission continue to focus on a few things: 1. Don't reduce parking standards. It is the biggest tool we have. All else flows from that. He added that if it were possible, he would increase the parking requirement. 2. Stated that assessing traffic impacts is getting harder and harder. He asked that they not lose sight of cumulative impacts. 3. Mentioned the upcoming Housing Element Update. Said that the requirement is that the Housing Element facilitates the number of housing units assigned to the city. However, he also pointed out that the city does not have to build it all; it just has to be possible. He added that if we build it all, we get even more housing units assigned the next time around. . Thanked his fellow Commissioners, saying that it has been an honor to serve. Chair Roseberry: . Thanked Commissioner Doorley for the time he spent serving as a Commissioner. . Said that while he does not always agree with Commissioner Doorley, he always respects his opinion. . Stated that it has been a pleasure to have Commissioner Doorley and his shoes will be tough to fill. Commissioner Alderete encouraged Commissioner Doorley to come in and speak under Oral Request whenever he has an issue to raise. ADJOURNMENT The Planning Commission meeting adjourned at 8:52 p.m. to the next Regular Planning Commission Meeting of September 23, 2008 (the meeting of September 9, 2008, has been cancelled). SUBMITTED BY: APPROVED BY: ~~o~;;r ~ecr~~ ATTEST: