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PC Min - 02/23/2010CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of February 23, 2010, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Gibbons and the following proceedings were had, to wit: FEBRUARY 23, 2010 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Elizabeth Gibbons Michael Rocha Theresa Alster Jeffrey Cristina Mark Ebner Philip C. Reynolds, Jr. Bob Roseberry Commissioners Absent: Staff Present: APPROVAL OF MINUTES None Community Development Director: Planning Manager: Associate Planner: Assistant Planner: City Attorney: Recording Secretary: Kirk Heinrichs Paul Kermoyan Steve Prosser Daniel Fama William Seligmann Corinne A. Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Alster, the Planning Commission minutes of the meeting of January 26, 2010, were approved as submitted. (7-0) COMMUNICATIONS 1. Desk Item for Agenda Item No. 2. Campbell Planning Commission Minutes for February 23, 2010 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Gibbons read Agenda Item No. 1 into the record as follows: 1. PLN2009-139 NOTE: THIS ITEM WILL BE CONTINUED TO A DATE Crawford, I. UNCERTAIN. Public Hearing to consider the application of Mr. Ian Crawford, on behalf of Clearwire, LLC, for a Conditional Use Permit (PLN2009-139) to install new wireless-data equipment on an existing monopole on property owned by Kirkorian Enterprises located at 1630 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Daniel Fama, Assistant Planner Chair Gibbons advised that this Item 1 is being continued to a date uncertain. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Cristina, the Planning Commission continued to a date uncertain consideration of a Conditional Use Permit (PLN2009-139) to install new wireless-data equipment on an existing monopole on property owned by Kirkorian Enterprises located at 1630 W. Campbell Avenue. (7-0) *** Chair Gibbons read Agenda Item No. 2 into the record as follows: 2. PLN2009-134 Public Hearing to consider the application of Ms. Carol Whitsett, Whitsett, C. on behalf of Sedusa Studios, LLC, for a Conditional Use Permit (PLN2009-134) to allow a fitness center (Sedusa Studios) on property owned by Roland Buehler Trustee located at 1300 Dell Avenue in a C-M (Controlled Manufacturing) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Daniel Fama, Assistant Planner Campbell Planning Commission Minutes for February 23, 2010 Page 3 Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking a Conditional Use Permit to allow for the continued operation of a fitness center. • Described the site as consisting of athree-tenant commercial building on the west side of Dell Avenue at Hacienda. Surrounding uses include a park to the east and commercial properties to the north, south and west. • Explained that the site is zoned C-M (Controlled Manufacturing). Fitness uses require a Conditional Use Permit. • Reported that Sedusa operates at three locations, Campbell, South San Francisco and Walnut Creek. They offer aerobic dance classes for women with approximately 15 sessions each week with between 8 and 10 students per class. Most classes are in the evening with some in the mornings and private group classes on weekends. • Said that this three-tenant building also contains two other businesses - a plumbing business and a filtered water business. • Said that Sedusa has improvements that include a fitness floor, stage and small boutique selling incidental dance-related products to customers. • Reported that under the Zoning Code there are several standards for health and fitness uses. One is the limitation of approvals to a five-year period. Criteria are considered including parking and noise impacts and overconcentration of uses within a 300 foot area. • Said that the parking requirements for a fitness use of this size under the Zoning Code are 20 spaces. There are a total of 20 spaces on site for the three tenant spaces. • Recommended that the commercial school parking standard be used for Sedusa given the group-oriented nature of the operation rather than the fitness use parking standard. • Added that staff believes that a parking exception is warranted. • Said that the Code also states that a fitness use should not be within 300 feet of adjacent health and fitness uses. An exception to that standard can also be made by the Commission. • Recommended approval of a Conditional Use Permit for a period of five years. Commissioner Rocha asked how this business popped up on the radar as it appears to have been in business for several years. Planner Daniel Fama reported that the City has a service that tracks down businesses operating without a business license. When this business was located and the owner came in to obtain her business license, staff advised her that a Conditional Use Permit was required for this studio. Chair Gibbons opened the Public Hearing for Agenda Item No. 2. Ms. Carol Whitsett, Applicant and Owner of Sedusa Studios: • Thanked her students for coming this evening in support of her application. • Explained that she started in this business location with a food manufacturing company. She added that she is a dietician. Campbell Planning Commission Minutes for February 23, 2010 Page 4 • Said that she felt that something was lacking and after much reflection she recognized the power of dance and put in a pole. As time passed, the food portion of her business got smaller and the number of poles increased. • Said that pole dancing makes her clients stronger and more flexible. • Added that her business allows her to give back to the community. • Said that she simply had not realized that she would need a second license for a second business in this one tenant space. • Reported that she sold the food company in September 2009. Ms. Courtney Bovenberg, Resident on Camden Avenue: • Said that she is a Campbell native. • Stated that it is important to allow Sedusa to stay where it is. • Added that this is centrally located and easy to reach after work. • Stressed the importance of a regular fitness routine. • Said that Sedusa allows women to work out together and bond as friends. • Explained that she found Sedusa Studios following a breakup with a boyfriend at a time that she was feeling down. Ms. Marianne Hamilton, Resident on Oak Hill Way, Los Gatos: • Explained that she found Sedusa Studios three years ago when she interviewed Carol Whitsett for the Campbell Reporter. • Expressed admiration for Carol's philosophy for empowering women. • Said that the location of Sedusa Studios offers a safe environment. • Agreed that it is not a place where one would expect to find a fitness facility but they feel safe going there. • Stated her hope that the Commission grants this Conditional Use Permit. Ms. Janice Fischler, Business owner on E. Campbell Avenue: • Reported that she owns a small technology business operated out of the Heritage Village offices in Campbell. • Explained that she is 52 year old. • Added that her own mom, a mother of six, took up belly dancing when she was about this age. She lost weight and became fit. Belly dancing was an eyebrow- raising exercise venue for that generation. Mom is close to 80 now and still dances, mostly ballroom. • Said that at Sedusa she found women just like herself. • Stated the importance of having an exercise location that is close enough to work. Sedusa is centrally located and easy to get to. It provides a female-only environment where there is not the uncomfortable judging that goes on in a coed gym. This facility is uniquely feminine. She appreciates the women-only aspect of Sedusa Studios. Ms. Abby Legos, Resident of Burlingame: • Advised that she joined Sedusa Studios 17 months ago. • Said that she also belongs to 24-Hour Fitness but the only fun class there is Zumba but those classes are large and crowded and parking at the facility is difficult. Campbell Planning Commission Minutes for February 23, 2010 Page 5 • Said that the class size at Sedusa is small -just 8 to 10 women. There is room to exercise and plenty of parking. It is also a safe environment. Ms. Melissa McAvoy, Resident of Milpitas: • Expressed her agreement with all previous comments. • Said that Sedusa Studios is like no other. • Added that the location is great. Ms. Ley Howell, Resident on Dent Avenue, San Jose: • Reported that when she joined Sedusa Studios she weighed 190 pounds and obviously no longer does. • Stated that she too agrees with all of the previous comments. • Explained that there is no judgment at Sedusa Studios. • Added that as the mother of a severely disabled child, this location is optimal for her. There is never a problem parking. There is no one staring at you making you feel awkward. • Said that this dancing is natural and makes her feel stronger. Ms. Heather Higgins, Resident of Morgan Hill: • Said that she is here in support of Sedusa Studios. • Stated that it is great that Sedusa is here and she is saddened to think that it could potentially end. • Said that Sedusa saved her mentally. • Added that her moms' group meets there. It is welcoming and makes them believe they are sexy and can be sexy. It helped her marriage and her husband is a great supporter. • Said that this is a great location for Sedusa. It is a unique and positive place where she feels safe. Ms. Jan Thomas, Resident on Capri Drive: • Pointed out that on the issue of parking, the other two businesses are closed when most of the Sedusa Studio classes take place and there is also lots of street parking available. • Recounted how her husband had previously signed her up for a fancy Courtside Club and hired her a personal trainer and she hated it. • Said that through her classes as Sedusa she is getting muscles. • Reported that Carol gives back to the community in many ways from providing suits to help poor women interview for jobs as well as collecting coats. • Asked that Sedusa Studios not be shut down. Ms. Yolanda Perez, Resident of Santa Clara: • Advised that there are other classes at Sedusa Studios in addition to pole dancing. Chair Gibbons closed the Public Hearing for Agenda Item No. 2. Campbell Planning Commission Minutes for February 23, 2010 Page 6 Commissioner Roseberry: • Said that the testimony this evening has been very entertaining with the anecdotal stories provided. • Added that it is clear that the members present this evening find this to be a convenient location and safe environment for their fitness training. • Questioned what is at this location that is not found at others. • Pointed out that a cheerleading school proposed for a Controlled Manufacturing zoned site was turned down by this Commission because its site adjacency to an auto paint facility with its potentially hazardous materials was not consistent with a school serving children. They too had an enthusiastic group of supporters present at the public hearing. • Said that the comments made by many speakers about their feelings of safety at this location did resonate with him. • Questioned the time that this business operated without the required Use Permit and said that he does not want that unfortunate oversight to cloud his judgment. • Said that he is inclined to support this location but wants to be sure that the participants are not children. Commissioner Cristina: • Said that he likes the fact that everyone who spoke this evening is confident and supportive of this business. • Said that he visited the site a couple of times to evaluate parking. On one visit there were just three open parking spaces while at the same time there were three cars on site in unmarked parking. That is a concern. • Agreed that this business serves the community and its members. • Said he supports this business and wants to see the maximum parking possible available to serve its members. Commissioner Rocha: • Said that it has clearly been demonstrated that there is support for Sedusa Studios. • Explained that the business is located on a site that is within an industrial zone where hazardous materials can legally be used and stored. Future industrial uses could create conflict with this business. • Agreed that parking is probably mitigated by the differing times of use on site by the three businesses that share it. • Said that since this business has operated here since 2006, he would support a retroactive Conditional Use Permit that would then be revisited at the end of the five-year term. • Added that he wished more meetings were this well attended. Commissioner Alster: • Stated that she agreed with a few of the issues raised by Commissioner Rocha. • Said that she too has concern with this business in an industrial zone where chemicals can be used. It is not an easy sell for this reason. • Added that it is a great business with lots of enthusiastic supporters. Campbell Planning Commission Minutes for February 23, 2010 Page 7 Commissioner Reynolds, • Said that he does realize that this is an industrial area but if a business requiring chemicals comes in there are regulations in place to keep them contained. • Stated that he would support this Use Permit request. • Said that he has two minor concerns. On his two site visits, once in the daytime and another time after dark, he found that not all of the exterior light fixtures depicted on the site plan were there. He found three out of four depicted. • Recommended additional exterior light for safety of the members. • Pointed out that a business at the back has extensive security cameras and he would like to see some here too. • Reminded that the Police Department has no problem with this location. • Stressed that his chief concern is the safety of these patrons. Adding a security camera system and additional lighting would add to the safety of the women who come here after dark. They are minor fixes. • Stated his support for this Use Permit. Commissioner Alster said that the intended uses for a C-M (Controlled Manufacturing) Zoning District are commercial. This use might prevent future industrial uses from establishing on site. Commissioner Rocha: • Said that on a C-M Zone five gallons of solvent could be stored, a quantity that is not possible on a residential property. • Said that this is anon-conforming use on an industrial zone. • Added that it is actually a very nice studio. Commissioner Roseberry asked if this is an allowable use. Could someone clarify? Commissioner Rocha said it is allowable with issuance of a Conditional Use Permit. Commissioner Cristina said he liked the concept of a retroactive permit. He added that there is already a children's gymnastics site within a quarter of a mile of this one. Commissioner Ebner said that he would like to see the Use Permit go retroactively to the time this use established on site. He said he too liked the idea of additional exterior lighting. Were all of the exterior light fixtures working? Commissioner Reynolds said he saw three operational lights and said that additional exterior lighting is a preventative measure for safety. Chair Gibbons: • Said that there are a couple of issues to consider. One, is this an appropriate use in an existing Controlled Manufacturing Zone. The answer is that with a Conditional Use Permit it can be acceptable. • Added that the parking requirement and issue of overconcentration within 300 feet must also be evaluated for exceptions. Campbell Planning Commission Minutes for February 23, 2010 Page 8 • Said that following the discussion by this Commission, there appears to be support for adding conditions of approval for additional exterior light and installation of a security camera system and to have the approval retroactive to the business establishment date in 2006. • Stated that the final consideration for her is the nature of this use within a Controlled Manufacturing Zoning District. • Admitted that there are lots of vacancies in these industrial areas. • Reminded that denying the cheerleading school was painful as there with also an enthusiastic audience much like this one supporting it. • Said that the potential for industrial uses is there and that she is very much struggling with this one. • Said that it is possible to allow this use with a parking modification and an exception to the overconcentration standard. • Reiterated her struggle with allowing this use in a Controlled Manufacturing Zone. • Added that the Gymnastics business is within its own building and site rather than sharing with other industrial uses. • Asked for a motion. Commissioner Rocha recounted that he manages light industrial buildings and recently had a fitness type facility considering establishing on an industrial site he manages in Campbell. When he directed them to the City to discuss licensing requirements they dropped the idea of locating there once they realized the restrictions. Commissioner Reynolds asked why the proposed approval was for two years rather than five years. Commissioner Roseberry said that the use has already been in operation for three years out of the allowed five year time period that is granted for fitness facilities located within this zoning district. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3972 approving a Conditional Use Permit (PLN2009-134) to allow a fitness center (Sedusa Studios) on property owned by Roland Buehler Trustee located at 1300 Dell Avenue, allowing exceptions for parking and over-concentration, and with the following modifications/additions to the conditions of approval: • Modify Condition 3 to grant atwo-year limited term approval; • Under Property Maintenance, add text that requires all exterior lighting fixtures to be operational; • Require the addition of a security camera system; by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons, Reynolds, Rocha and Roseberry NOES: None ABSENT: None Campbell Planning Commission Minutes for February 23, 2010 Page 9 ABSTAIN: None *** Chair Gibbons read Agenda Item No. 3 into the record as follows: 3. Review of Proposed Work Plan Items for the Community Development Department for the 2010/2011 fiscal year. Mr. Kirk Heinrichs, Community Development Director, presented the staff report as follows: • Reported that each year a Work Plan is developed for each department that is approved during the budgetary process. • Said that staff has provided the list to the Commission and is asking for feedback on the Planning Division items. Are there things that should be added or removed? For example, one item is a review of the Tree Protection Ordinance. • Stated that any comments provided by the Commission would be forwarded on to Council. Commissioner Rocha said that the Tree Protection Ordinance has a number of holes in it as evidenced by a large tree on Alice that is being removed. The current ordinance allows removal of pretty large trees whereas most jurisdictions have size standards that protect more trees. Director Kirk Heinrichs explained that in the R-1 (Single Family Residential) Zoning District there are only four protected species -Oak, Redwood, Cedar and Ash. In other zones there are more protected trees. Chair Gibbons asked for more details about the proposed Zoning Code change that would allow more land use items to be appealed to Council. Director Kirk Heinrichs explained that Council wants the ability to hear appeals. Chair Gibbons raised the item regarding unlawful late night uses in Planned Development Zoning Districts. Director Kirk Heinrichs reported that there are a number of businesses (approximately 30) that continue to operate late hours without the now-required Use Permit. Staff now has to go out and enforce the requirement for issuance of Use Permits for late night uses in P-D Zones. Chair Gibbons asked if the status of the economy influences the work plan. Director Kirk Heinrichs: • Said that right now activity is fairly slow and it is not anticipated to get much better this year. Campbell Planning Commission Minutes for February 23, 2010 Page 10 • Added that there are some approved projects that are on the back burner due to the economy. • Reported that Safeway would be filing their applications on Friday. • Assured that this is a work plan that staff can accomplish. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Kirk Heinrichs presented the Director's Report as follows: • Reported that the City Council conducted a study session on the mid-year status of the budget and to give staff direction on the budget process for next year. • Advised that the news is not good. • Added that Council would conduct ahalf-day workshop on the budget in early March. • Said that the follow up joint study session with Council and the Planning Commission on the Parking Ordinance would likely not occur until June. Chair Gibbons said that the first study session was a good meeting. ADJOURNMENT The Planning Commission meeting adjourned at 8:37 p.m. immediately to a Study Session and subsequently to the ext Regular Planning Commission Meeting of March 9, 2010. ~ y SUBMITTED BY: nne A. Shinn, Recording Secretary APPROVED BY: `/` y th Gibbons, Chair ATTEST: Kirk He' is ,Secretary