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PC Min - 03/23/2010CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of March 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: MARCH 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: Assistant Planner: City Attorney: Recording Secretary: Kirk Heinrichs Paul Kermoyan Daniel Fama William Seligmann Corinne A. Shinn Motion: Upon motion by Commissioner Rocha, seconded by Commissioner Ebner, the Planning Commission minutes of the meeting of March 9, 2010, were approved with an edit to page 13. (7-0) COMMUNICATIONS 1. Desk Items for Agenda Items 1, 2 and 4. Campbell Planning Commission Minutes for March 23, 2010 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS Mr. Randy Snider, Resident on Springfield Drive: • Explained that he attended a meeting Safeway held with the San Tomas West Neighborhood Association regarding their proposed conversion of the former Mervyns site. • Said that issues of 24-hour operation and inclusion of a 16-pump service station are of concern to the neighborhood including the potential for alcohol sales from the service station. • Reported that he spoke with approximately 11 neighbors in this area and they all prefer no gas sales, no mini-market and no 24-hour operation. • Recounted that he recently was at a Safeway in Morgan Hill that had a service station. That station was very busy at 7 p.m. • Added that this site cannot handle that kind of operation. Chair Gibbons asked how the San Tomas West Neighborhood Association heard about this Pre-Application for Safeway. Director Kirk Heinrichs advised that Safeway approached them as a part of their outreach efforts and at staff's recommendation. Chair Gibbons asked Mr. Randy Snider if he was a part of the San Tomas West Neighborhood Association. Mr. Randy Snider explained that he received notice of their joint meeting with Safeway directly from Safeway. He reiterated his concern that 24-hour operations of this Safeway would cause issues for this area. Chair Gibbons advised Mr. Snider that the anticipated public hearing date for the Safeway project is May 11, 2010. She added that the City sends letters to property owners within 300 feet of a project site. Others interested in receiving notice can provide mailing information for inclusion on the notification list. Additionally, there is information available on the City's website. Director Kirk Heinrichs said that all public hearings are posted on the website. He confirmed that the anticipated public hearing date is May 11th but that date could get pushed back to the May 25th meeting. Chair Gibbons said that many issues being raised by Mr. Snider are not a surprise to the Commission. She encouraged all interested parties to participate in the public process. She thanked Mr. Snider for coming this evening. *** Campbell Planning Commission Minutes for March 23, 2010 Page 3 PUBLIC HEARINGS Chair Gibbons read Agenda Item No. 1 into the record as follows: 1. PLN2009-141 Public Hearing to consider the application of Ms. Brenda Shepard, B. Shepard for a Conditional Use Permit (PLN2009-141) to allow an animal boarding facility within an existing commercial building on property owned by Mr. Tom Jackson located at 354 E. McGlincy Lane in an M-1-S (Light Industrial) 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, Associate Planner Mr. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit to allow an animal boarding facility that trains, boards and conditions show dogs and cats. • Stated that the project site is zoned M-1 (Light Industrial). • Added that the building on site is a two-story concrete tilt up of approximately 7,000 square feet. No changes are proposed to the exterior of the building but some changes will be made to the grounds. Within the parking lot a fenced exercise area will be established. • Reported that some of the training occurs off-site as well. • Explained that the maximum number of animals proposed by the applicant totals 50 dogs and 12 cats. This would be a 24-hour operation with four employees. At least one employee would be on the property at all times. No overnight sleeping is anticipated and that restriction is reflected in the conditions of approval. • Said that an animal boarding facility is a permitted use in this zone through a Conditional Use Permit process. The Planning Commission looks at this proposal and the surrounding neighborhood to see if the proposed use is consistent with the existing neighborhood. • Said that issues identified by staff include the potential noise from barking animals when a lot of animals are grouped together on one property. • Reported that if this use were proposed within a residential neighborhood, staff would have a grave concern but this is an industrial area. The building is concrete, which aides in sound deadening. There is a condition that the door at the back of the building is to remain closed. • Added that while there is potential for noise with use of the outdoor exercise area, the limitation of hours of use of that exercise area helps control that impact. • Said that drainage of the site and the clean up after animals is handled through a system that would capture those contaminates. • Reported that the parking is intended for the employees. Animal owners simply drop off animals and do not remain on site. Therefore, the parking demand is reduced to seven spaces, which staff finds meets the needs of this use and can support. • Reminded that there is a desk item for this project with added Finding #9. Campbell Planning Commission Minutes for March 23, 2010 Page 4 • Added that the reference to alcohol licensing as part of Condition #4 is to be deleted as it was included in error as a remnant of a previous project. • Said that staff believes this project is Categorically Exempt under CEQA and the project is supportable as conditioned. Commissioner Rocha said 24-hour operation is of concern. He asked staff how it can be ensured that no one is living on the premises. Planning Manager Paul Kermoyan said there would be conditions of approval in place with this Use Permit that would be enforced. Chair Gibbons: • Said that she shared that concern about having anyone living on site. • Pointed out a discrepancy in the number of dogs proposed within several parts of the report. • Asked if the maximum number proposed is indeed 50 dogs. • Said that the breakdown between operational and business hours is also confusing in the report. In actuality, operational hours are proposed 24 hours a day. Planning Manager Paul Kermoyan agreed and said that this is an issue of terminology being used. He said that operational hours could be revised to read outdoor hours in order to better reflect what is intended in this section of the report. Chair Gibbons: • Said that it could be clarified that the hours this business is open to the public is between 7:30 a.m. and 5 p.m. • Expressed concern about the potential build up of smells and need for cleaning. • Asked staff if they are confident that there would be no on-site training by owners of these animals. Planning Manager Paul Kermoyan replied yes. He clarified that owner training is not a part of this planned operation. Commissioner Ebner asked if the proposed kennel size is a standard one. Planning Manager Paul Kermoyan clarified that the use of the word "sufficient" is intended to indicate that the kennel sizes would be commensurate with the County's standard. Commissioner Alster asked about management of the disposal of waste. How would it ultimately be collected? Planning Manager Paul Kermoyan explained that the final waste management system has not yet been developed. Specific technical studies for such a system are typically developed once a project receives approval. Commissioner Reynolds asked if nearby residents had been noticed of this hearing. Campbell Planning Commission Minutes for March 23, 2010 Page 5 Planning Manager Paul Kermoyan replied yes. Chair Gibbons opened the Public Hearing for Agenda Item No. 1. Ms. Kathy Gruss, Resident on Central Park Drive: • Said her home is behind this building. • Explained that she has a pool in her backyard and is afraid of impacts from this use on her ability to use her pool and yard. Commissioner Alster asked Ms. Kathy Gruss if her concern is the potential for an animal to escape this facility. Ms. Kathy Gruss said that her concerns are sound, dirt and 24-hour operation. She added that she fears animals being left alone overnight. She said she wants to be able to enjoy her back yard. Mr. Jim Miller, Resident on Central Park Drive: • Reported that he lives behind and three houses down from this site. • Reminded that this location is right next to the percolation ponds and questioned if there is potential for any impact on those ponds. • Said his main concern is noise. • Agreed that this is an industrial area but it does also abut residential properties at the back. Ms. Brenda Shepard, Applicant and Business Owner: • Explained that this site will have noise only during the day. • Added that the dogs are placed in runs at 5 p.m. • Said that she is working with the Sanitation District to devise a drain system to deal with waste water. • Reported that solid waste is bagged and collected. • Assured that they use only EPA friendly chemicals for cleaning up on site. Commissioner Alster asked Ms. Brenda Shepard to clarify whether dog owners spend any time on site working with their animals and for further information on day trips off site with these animals. Ms. Brenda Shepard reported that the dogs would have three to four-month stays. She said some of the dogs would be taken to shows on behalf of the owners. Chair Gibbons calculated the maximum number of dogs against the number of hours of exercise per dog proposed and the fact that only seven dogs are exercised at any given time. That would involve a lot of hours using the outdoor exercise yard. Ms. Brenda Shepard explained that there are three exercise areas, one outdoors and two indoors. Campbell Planning Commission Minutes for March 23, 2010 Page 6 Chair Gibbons said that seven dogs seems a lot for exercise together with potential for lots of barking. Ms. Brenda Shepard said that while dogs will occasionally bark when at play, they usually will only bark when they are bored. If dogs are exercised enough, they don't bark. Chair Gibbons asked if Ms. Brenda Shepard will specialize in working with a particular breed of dog. Ms. Brenda Shepard said she while she works with all breeds, she does specialize in German Shepherds and Dachshunds. Commissioner Rocha asked Ms. Brenda Shepard, "Why this building?" Ms. Brenda Shepard replied that she chose this building because it was a stand alone building, it is not near auto uses and/or chemicals and it is in an M-1 zone. She added that this is the only stand-alone building that she found available in an M-1 zone. Commissioner Rocha asked if she has any concerns to having nearby residences. Ms. Brenda Shepard said that this is a solid brick building. At the back of the building, which is closest to the residences, there is only one door, which is a solid fire door. There are no windows on the back and that back door would not be utilized. She said she would minimize any noise impacts because of the solid construction of this building and the fact that the rear door would be kept closed at all times. Commissioner Reynolds asked if the back section of this site would ever be used to exercise animals. Ms. Brenda Shepard replied no. She added that the kennels she will install indoors are solid and help isolate dogs from each other when they occupy those kennels. Commissioner Reynolds asked about the proposed use of canine grass and if the exercise yard area would be sloped downward. Ms. Brenda Shepard said that there is a natural slope. There would be a drain installed inside the fence per a Public Works requirement so that nothing (waste water) gets into the storm drain. Planning Manager Paul Kermoyan explained that this drain is called a ribbon drain. Commissioner Reynolds asked if this drain system is connected to the sewer system. Planning Manager Paul Kermoyan replied yes, it is. He added that this waste water needs to be treated on site. He explained that Public Works is working with Ms. Campbell Planning Commission Minutes for March 23, 2010 Page 7 Shepard to catch any flow and treat it on site before it goes into the sanitary sewer system. Planning Manager Paul Kermoyan said he was not sure if the exact system has been designed and finalized yet but was confident an appropriate design would be achieved. Chair Gibbons pointed out that directing this treated water into the sanitary system increases the volume there. Commissioner Alster reminded that the back neighbor had expressed concern about dogs escaping. She asked Ms. Brenda Shepard if she has had the experience of a dog escaping from a kennel facility. Ms. Brenda Shepard: • Said no, she had never personally had that happen to her or within a center where she was working. • Pointed out that the runs are enclosed by six-foot high fencing. • Added that while it is possible that a dog could clear asix-foot fence, it has never happened in her experience with dogs in her care. • Reminded that there would always be someone on site supervising the animals but no one would be living or sleeping on the premises. • Said that her biggest concern is having someone available in the event of an emergency. • Said that she lives just five minutes away in case of emergency. Commissioner Alster said her knowledge of dogs and kennels comes from the movie, Best of Show, and the television program, The Dog Whisperer. From that she takes the position that these would be well-behaved animals. Is that the case? Ms. Brenda Shepard: • Said usually that is the case. The younger ones might be more unruly than the mature ones. • Added that animals are evaluated and grouped by temperament. • Explained that body posture of a dog indicates its temperament. One can see if an animal's hair is up or down and if the tail goes up. It is possible to determine if an animal is simply at play or alerting. Commissioner Alster recounted an experience in Arizona when she was leaving a pet at a kennel. Although there were dozens of dogs there, there was no barking because dogs were grouped according to temperament. Although her dog was large, it was shy and did best being grouped with much smaller dogs. Commissioner Roseberry said he was looking at the plan in an attempt to count the number of kennels proposed. Ms. Brenda Shepard said she is anticipating approximately 42 to start. Campbell Planning Commission Minutes for March 23, 2010 Page 8 Commissioner Roseberry asked how she would house a total of 50 dogs. Ms. Brenda Shepard said that 50 is the number she'd ultimately like to achieve at this location. She said that three four by four sets of kennels. She said she was not sure if she would include cats but wants to obtain approval for cats too just in case. Commissioner Reynolds asked Ms. Brenda Shepard if she also trains cats. Ms. Brenda Shepard said one can indeed train cats and pointed out that they are shown competitively as well. Chair Gibbons asked what the kennel floor is made of. Ms. Brenda Shepard said the existing cement. Chair Gibbons closed the Public Hearing for Agenda Item No. 1. Chair Gibbons: • Said that the issues seem to be noise impacts, construction detailing, County laws, cleanup and trash. There is need to clarify two conditions. Commissioner Roseberry: • Stated that this is a great project with an operator that seems to know what she's doing. • Added that this building is well set up for this use. • Said that the only hang up is the fact that there are residences located behind the site and the potential for noise issues. • Said that the fact that this is a block building offers pretty good sound mitigation. • Reiterated that the only hang up is the noise impact on nearby residences. Commissioner Ebner: • Stated his agreement with Commissioner Roseberry's comments. • Added that a lot of his questions have been answered by the applicant, who is an experienced kennel operator. • Pointed out that the Director has the power to modify the hours of operation. • Stated he was willing to support this project. Commissioner Rocha: • Said that this is the wrong location to place a 50-dog kennel due to the site's proximity to residential properties. • Added that he has loved dogs all his life and has no aversion to dogs but does have an aversion to having a kennel brought onto a site that abuts residential. • Expressed concerns with the proposed number of dogs at 50 as well as to the 24- houroperational hours. • Pointed out that it would cost this operator a lot of money to turn this building into a kennel. Campbell Planning Commission Minutes for March 23, 2010 Page 9 • Stated he would not support this use. Commissioner Cristina: • Recounted that his biggest pet peeve in life is the dog living two doors down from him who often wakes him up with his barking. • Said that he has no issue with the waste management aspect of this site as he is familiar with the grass product proposed for the exercise yard. • Said that the kennel is barriered from the residences located behind it. • Stated he would definitely support this project. It is a good fit. Commissioner Ebner: • Said that the conditions of approval can be enforced. • Reminded that this use could be brought back before the Commission in the event there are problems. Commissioner Alster: • Stated that she believes these dogs will be well exercised and quiet. • Reminded that they will be indoors at night. They will be well tended to and not neglected in any way. • Said that the dogs are carefully grouped together for compatibility. • Said that dogs love discipline. This is a training facility for discipline. • Pointed out that although this is an industrial zone, if there are noise issues with the operation of this kennel, the use might have to be revisited. Commissioner Reynolds: • Said that this is a training kennel as opposed to an overnight boarding kennel. • Said he too would support this request. Commissioner Roseberry: • Suggested requiring additional roof insulation to help mitigate any potential noise impacts from within the building to the adjacent residences. • Said this insulation would help cut down on cooling bills and noise impacts. • Stated this requirement could be inserted into the conditions of approval. Commissioner Reynolds asked if there is something that could be applied to exterior surfaces that would also be noise absorbing. Planning Manager Paul Kermoyan asked Commissioner Reynolds if he means exterior walls. He said such efforts are generally from within the building rather than from outside. He said he personally had not seen an application on the outside. Commissioner Roseberry said his concern is not inside noise heard outside but rather reflective noise from the courtyard. He suggested some additional landscaping to baffle that noise. Chair Gibbons: Campbell Planning Commission Minutes for March 23, 2010 Page 10 • Agreed with much that has been said. • Reminded that Condition 15-B allows the Community Development Director to immediately modify hours of operation. • Suggested adding a qualifier to allow reduction of hours and/or a reduction in maximum number of dogs allowed if noise complaints are received. • Said she is inclined to suggest a limit to 25 dogs for the first six months to make sure it works. • Added that she is comfortable that this would be a good facility but it is appropriate to offer neighbors the opportunity to have some sense of comfort. • Stated that insulating the roof is a good idea and could be conditioned under Building Division conditions of approval. • Agreed that noise from inside would not reach outside. • Added that there is still too much vagueness on construction details but that Building and Public Works would firm those details out with the applicant. • Reminded that the Conditional Use Permit goes with the property and it would be important to make sure this use is not converted into a different type of facility. • Suggested adding text to read, "... because only staff will be on site. The business does not require customers on site." • Listed the proposed amendments: to add acoustical insulation on the roof, if necessary; parking, six-month review and total number of dogs allowed. Commissioner Ebner: • Said that there is a lot time and expense involved in getting this site ready for a kennel. • Said that reducing the total number of dogs would equal a hardship as it is likely a certain number of dogs are necessary to make overhead and a profit. • Said he could support the insulation of the ceiling but not a reduction in the number of dogs. • Added that this owner seems professional. This is not some sort of "pound" operation. Commissioner Alster agreed. Chair Gibbons: • Said she did not agree but will be flexible. • Cautioned that it would be easier to add additional dogs in the future than it would be for this operator to have to reduce the number of dogs if there are problems operating with 50 dogs on site. • Reminded that it is not the responsibility of the Planning Commission to assist them with their business plan. • Said that she is willing to withdraw that recommendation but suggests revising the condition of approval to allow the Community Development Director to reduce the number of dogs if problems occur. Motion: Upon motion of Commissioner Alster, seconded by Commissioner Roseberry, the Planning Commission adopted Campbell Planning Commission Minutes for March 23, 2010 Page 11 Resolution No. 3977 granting a Conditional Use Permit (PLN2009- 141) to allow an animal boarding facility within an existing commercial building on property owned by Mr. Tom Jackson located at 354 E. McGlincy Lane, with the following amendments: • Add Evidentiary Finding #9; • Require the insulation of the roof for noise mitigation; • Modify Condition 16 to limit vehicle parking to seven for use by staff only and limit customers to just drop off and pick up of animals; • Director has ability to limit the number of animals if substantiated noise complaints are received; • Edit Condition 4 to remove reference to alcohol licensing, which was not applicable to this project; by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons, Reynolds and Roseberry NOES: Rocha ABSENT: None ABSTAIN: None *** Commissioners Cristina and Alster advised that each of them would need to recuse themselves from Item No. 2 due to proximity of the project site to their respective properties. They left the dais and chambers for the hearing. Chair Gibbons read Agenda Item No. 2 into the record as follows: 2. PLN2009-162 Public Hearing to consider the application of Ms. Beverly Metz, on Metz, B. behalf of Home Depot USA, Inc., for an Administrative Planned Development Permit (PLN2009-162) to allow late night hours at a home improvement center (Home Depot) on property owned by Home Depot USA, Inc., located at 480 E. Hamilton Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Steve Prosser, Associate Planner Mr. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Advised said that Home Depot is seeking late night hours. • Provided a background overview. o In 1991, a home improvement store was constructed at which stocking crews operated at late night into early mornings. o In 2007, Council adopted an Ordinance that required businesses to obtain an Administrative Planned Development Permit within atwo-year period for any hours of operation beyond 11 p.m. through 6 a.m. in PD zoned properties. o Within that two-year period, Home Depot applied for Administrative PD approval to allow stocking activities to continue between 9 p.m. through 6 a.m. each day. Campbell Planning Commission Minutes for March 23, 2010 Page 12 • Explained that late night activities involve crews of approximately 12 people within the confines of the building. A condition of approval prevents working outdoors during late night hours. • Said that outstanding issues include complaints from adjacent neighbors; blowing weeds on weekends; landscape maintenance; covering of an exposed opening on the building's parapet, cars and other noise impacts because there is a residential neighborhood in proximity to this project site. • Reported that since 1991, there has been a history of noise complaints. • Pointed out that late night stocking is an activity that is essential to this operation. A condition has been drafted that prevents stocking the outdoor garden center during late night hours. Other issues include where employees who work late should park. A condition specifies where. Recommendations and conditions have been added to address concerns. • Said that this project is Categorically Exempt under CEQA and staff recommends approval. Commissioner Ebner asked if there are Police complaint records. Planning Manager Paul Kermoyan: • Replied no. • Added that typically operational issue Enforcement Officer or Planning staff. • Advised that there is a desk item this business versus operational hours. complaint calls are directed to the Code evening that clarifies the hours to reflect Commissioner Ebner asked if the fork lifts used have back up beepers. Planning Manager Paul Kermoyan said he is unaware of that and reminded that the late uses would be totally within the confines of the structure. He said that operational hours go to 9 p.m. and late night hours begin at 11 p.m. City Attorney William Seligmann said there is some ambiguity there between 9 and 11 p.m. that would prevent stocking from occurring between the operational hours that conclude at 9 p.m. and the late night hours that would begin at 11 p.m. Planning Manager Paul Kermoyan suggested language that allows stocking between the times of business closure until 6 a.m. He said Home Depot could currently operate on site up to 11 p.m. Director Kirk Heinrichs clarified that the late night permit is a separate approval for the hours between 11 p.m. and 6 a.m. Chair Gibbons opened the Public Hearing for Agenda Item No. 2. Mr. Robert Nicholas, Resident on Harrison Avenue: • Said that the prime reason he is here is that Home Depot is violating its conditions of approval. Campbell Planning Commission Minutes for March 23, 2010 Page 13 • Reported that he has been around since construction on this site began. • Added that they are constantly making noise and that is why he is here. • Stated that if they confined their noise to within their building, he would not be here. • Said that by the time the Police are called, the noise is gone. • Stated that Home Depot is the 800 pound gorilla within this neighborhood. It is a "spoiled brat." • Suggested a couple of conditions including one that would require three security cameras that send their signal directly to the Police Department. That way, Police can see the site when complaint calls are made. • Added that another proposed condition is to have the holes on the building near the roof, which used to be covered, once again be covered. The original covers were removed when work was done on the roof. They were never returned. That deters the quality of their neighborhood and it would not be hard to put it back in place and paint to match. Reinstalling these covers would be a gesture of good will to the neighbors. • Advised that some of his neighbors could not attend this evening. • Said that he keeps a log of his calls to the Home Depot. • Recounted that during original construction, about 80 percent of the construction materials came down their street. Commissioner Ebner thanked Mr. Robert Nicholas for coming this evening. He asked Mr. Nicholas if the Police came when he called. Mr. Robert Nicholas said he himself never called the police but his neighbors have many times. He said he instead tried to be a "good neighbor" and called Home Depot directly to deal with his concerns. He admitted that their staff has always been polite. Commissioner Ebner said that Mr. Nicholas should call the police. That's what they're there for and those calls provide a public record. Planning Manager Paul Kermoyan said that actually it is best if calls are directed to the Code Enforcement Officer rather than the Police Department if the issues are noise impacts. Mr. Scott Kubiak, General Manager for Home Depot: • Explained that he has been with Home Depot for 14 years with eight weeks as General Manager at this particular store. • Apologized for any past issues but said he could impact going forward to the best of his ability. • Agreed that evening stocking is crucial to their business. • Said he hoped this request would be approved. • Reported that on February 26t"anew roll up door was installed for which work did not conclude until 4 a.m. on the 27t". Since the building dates back to 1991, repairs occasionally become necessary. These repairs are done during the day whenever possible. Campbell Planning Commission Minutes for March 23, 2010 Page 14 • Said he is trying to come up with something to deal with Mr. Nicholas' roof drain screening issue. • Assured that he is willing to work on that issue. • Added that staff has asked him to resolve this and not let it fall by the wayside. Commissioner Rocha: • Advised that this hearing represents his third go around with Home Depot. • Added that Home Depot's history is not that of a good neighbor. • Every time someone comes forward to represent this store, the Commission is told that particular manager was "not there at the time." • Stated that he would not approve this request unless a promise is made that the flashing would be put back in place. Commissioner Reynolds: • Reported that when he conducted his site visit he noticed a lot of blight. A good neighbor keeps the grounds clean. • Pointed out that the red painted curbs are faded. There are shopping carts all over. There is storage at the back of gardening shelving. • Stressed the importance of a presentable appearance. • Stated he holds the Manager to be accountable for the appearance of the site. • Reminded that this business is a reflection of our City and can often appear to be a blighted business location. • Said that he expects the site to be kept up. Chair Gibbons: • Said this is the fourth time she has heard a Home Deport application. • Added that there is an identical conversation -each time with a new manager. • Said that all managers make promises and most of the promises are not kept. • Stated that Home Depot is important to the City of Campbell but their reputation is appalling. • Said it is important to rectify their behavior pattern. • Reminded that this is a community in which they are located. Mr. Scott Kubiak: • Said he agrees that some housekeeping is necessary. • Promised to get the curbs painted and the garden carts relocated out of sight. • Said he is always available to the neighbors and gave Mr. Nicholas a stack of his cards to share with his neighbors. • Pointed out that each time Mr. Nicholas has called him, he was reached. Chair Gibbons said that the gutters can be fixed. Mr. Matt Francois, Attorney for Home Depot: • Clarified that in 2007, the City Council adopted an Ordinance that took action to address operational complaints, such as those raised by Mr. Nicholas, citywide. Campbell Planning Commission Minutes for March 23, 2010 Page 15 • Said that the existing hours for this Home Depot location are between 6 a.m. and 9 p.m. for the public; 6 a.m. to 11 p.m. for on-site operations. What they are seeking now is a permit for in-store activities between the hours of 11 p.m. and 6 a.m. to stock the stores overnight. • Pointed out that this is one of the most heavily restricted of the Home Depots. • Said he appreciates and supports the desk item clarification. • Said that they are trying to be a good neighbor regarding reinstallation of the screening flashing but that issue is not related to operational hours. • Asked that the word "substantiated" be added to Condition 11A regarding complaints. Chair Gibbons asked Mr. Matt Francois if there would be any need to go outside during late hours (11 p.m. to 6 a.m.) to retrieve items for restocking. Mr. Matt Francois replied no. Everything is inside the store by 6 p.m. It is within the framework of the building from that point on. Mr. Shawn Stuart, Resident on Harrison Avenue: • Said that his home is adjacent to Home Depot. He has lived here since 2005. • Said that any noise he hears comes from the parking lot and back side rather than anything from within their building. • Stated that the site can attract individuals who are not supposed to be there. Mr. Robert Nicholas: • Suggested that the flashing he is seeking should be solid and not mesh. • Added he just wants what was there before. • Reiterated that Home Depot staff has always been nice. It is not their people but rather the noise impacts that are at issue here. • Said that since he lives across Harrison, noise bounces back from this site to his. Chair Gibbons closed the Public Hearing for Agenda Item No. 2. Commissioner Roseberry: • Said he had thought there would be more resistance to this request. • Added that, if everything done at night is limited to within the building, the noise should be contained within the building. • Said that ancillary noise might be caused at break times. • Stressed the importance of making sure that management educates employees to take their breaks indoors and/or to be very quiet when coming and going from the building. Commissioner Ebner: • Stated that he too had been here before discussing this Home Depot site. • Pointed out that the problem is not the managers but rather that the supervisors are not getting the message to the employees. • Said he does not have a lot of confidence in Home Depot. Campbell Planning Commission Minutes for March 23, 2010 Page 16 • Stated that it is silly to call Code Enforcement instead of the police when complaints occur after hours. No wonder there are no police reports on file. • Said he is frustrated and not sure what to do. • Said that he shops there too and has often found the site to be blighted. They haven't made a big effort. Commissioner Reynolds: • Pointed out a condition on Page 4 of Council Ordinance 2015 for PLN2001-109 that required security cameras. • Said that he is pro-business generally but has a hard time here with promises not being met. • Reiterated that cameras had previously been required but apparently never installed. Director Kirk Heinrichs clarified that Mr. Nicholas' recommendation was for cameras that were linked directly to the Police Department. That is not practical. Commissioner Roseberry asked if there are cameras there now. Chair Gibbons: • Said that the Commission is attempting to determine if late night hours of operation can be approved to allow stocking inside the store overnight. • Said that the Commission's purview is to evaluate if that activity is sustainable. • Added that with such a request, the Commission has the opportunity to review, add or clarify previous conditions of approval. • Suggested that if neighbors were to call in specific times of noise impacts to Code Enforcement, the CEO could then call Home Depot and ask them to provide a copy of the security video and/or door records from the night in question. • Recommended that the replacement of the gutter flashing be conditioned to be complete within 20 calendar days. • Cautioned Home Depot that they have no authorization to conduct construction at night outside of the construction hours in effect Citywide. Replacing their roll up doors up to 4 a.m. is not allowed and there are no exceptions to that. • Proposed a condition that requires any new manager to meet with Planning staff to review conditions of their operation. Is that possible? City Attorney William Seligmann replied that is fine. Commissioner Reynolds: • Said during his site visit he drove around back and noted mounting fixtures without attached cameras at the back. Chair Gibbons said it would be important to ensure that all previously imposed conditions of approval have been implemented. Campbell Planning Commission Minutes for March 23, 2010 Page 17 Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3978 approving an Administrative Planned Development Permit (PLN2009-162) to allow late night hours at a home improvement center (Home Depot) on property owned by Home Depot USA, Inc., located at 480 E. Hamilton Avenue, with the following amendments: • Adding the word "substantiated" to Condition 11; • Require verification that all previously imposed conditions of approval have been complied with; • Add Condition 15 that requires any new store manager to have an orientation meeting with the Planning Department; • Video records be made available upon receipt of a Code Enforcement noise complaint; • Flashing shall be installed around the roof overflow drain ports with 20 days to comply; by the following roll call vote: AYES: Ebner, Gibbons, Reynolds, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: Alster and Cristina Chair Gibbons advised that there is a 10 calendar day appeal period. Commissioners Alster and Cristina returned to the chambers and dais at the conclusion of Item 2. *** Chair Gibbons read Agenda Item No. 3 into the record as follows: 3. PLN2009-159 Public Hearing to consider the application of Mr. James Chalmers, Chalmers, J. on behalf of BR Development, Inc., for an Extension of Approval (PLN2009-159) of a Planned Development Permit for four industrial condominium buildings (McGlincy Business Park) on property owned by Instant Storage Service, Inc., located at 680 - 750 E. McGlincy Lane in a C-PD (Condominium-Planned Development) Zoning District.. A Mitigated Negative Declaration was previously prepared and adopted for this project. Project Planner: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking an Extension of Approval for a site located at 680 -750 E. McGlincy Lane, which is on the west side of Union Avenue. • Said that surrounding uses are residential to the south and east and industrial to the north and west. Campbell Planning Commission Minutes for March 23, 2010 Page 18 • Described the original project approval as consisting of four commercial industrial buildings totaling 72,000 square feet on 4.5 acres. The project was divided into two phases with two buildings for each phase. • Said that in 2006, Phase I was constructed. Phase II is currently being used for a storage container distribution business. • Said that the applicant is seeking afive-year extension as many units remain unsold in Phase I. • Explained that the initial approval, which was a Site and Architectural Review Permit approval, was approved by the Planning Commission in 2005. In 2006, the City Council approved a Planned Development Permit, Zone Change and Parcel Map and creation of two owner associations. • Said that the applicant must demonstrate a justification for this request for extension. • Added that staff believes that agood-faith effort was made and this request is justified. Staff is recommending atwo-year extension and two additional changes. One is the consolidation of all previous approvals into the new Ordinance and to modify the conditions of approval to better clarify the uses and process for approval for businesses on this site. • Recommended that the Planning Commission adopt a resolution recommending that Council adopt an Ordinance granting atwo-year Extension of Approval. Commissioner Roseberry asked staff to elaborate on why they recommend that the previous approvals be folded into this one. Planner Daniel Fama: Explained that there are three existing documents for this project as follows: o The Planning Commission Resolution that granted the Site and Architectural Review Permit. o The Council Ordinance that approved the Planned Development. o Another that granted a Modification to the original PD Permit. Said that with this latest Ordinance, there would be four documents. It would simplify oversight of the project if there is a single Ordinance to refer to. Director Kirk Heinrichs explained that it would take several documents to figure out conditions of approval, etc. Planner Daniel Fama added that the use issue is to streamline the process of review for specific uses. Staff proposes that those uses listed as permitted in the M-1-S (Light Industrial) Zoning District could be cleared through a zoning clearance upon issuance of a business license. Conditioned uses within the M-1-S Zone would require an Administrative PD Permit. Commissioner Rocha asked if the applicant was supportive of the proposal to consolidate the previous approvals into this one. Planner Daniel Fama said he didn't ask. Campbell Planning Commission Minutes for March 23, 2010 Page 19 Chair Gibbons opened the Public Hearing for Agenda Item No. 3. Mr. Nick Whitstone, Applicant's Representative: • Said that it is economically unfeasible to build Phase II at this time. • Added that atwo-year extension is not likely enough time to get Phase II started so they are asking for a slightly longer time frame. Commissioner Cristina asked Mr. Nick Whitstone what percentage of occupancy would need to be met before the start of Phase II. Mr. Nick Whitstone said that all but seven of 24 units built are already sold. Five of the unsold units are leased and only two are currently vacant. He added that there has been a 30 percent drop in value between the sales price of the first unit sold and the most recently sold units. He added that another factor is the fact that construction costs are not down comparably. Therefore, they need to see a rise in real estate values to defray construction costs. Commissioner Alster asked Mr. Nick Whitstone what time frame for an extension he proposes. Mr. Nick Whitstone said five years would be ideal. Chair Gibbons closed the Public Hearing for Agenda Item No. 3. Commissioner Roseberry: • Said that this seems fairly straightforward to him to allow more than two years. • Added that nothing other than this project is going to happen on this spot. • Advised that he could support afour-year extension. Commissioner Rocha: • Stated he tended to agree with Commissioner Roseberry. • Pointed out that this is the best project on that street and makes everything else there look bad. • Said he is inclined to agree that four years is supportable. • Reported that he works in commercial real estate and agrees with Mr. Nick Whitstone's assessments. Commissioner Ebner: • Said he is fine with afour-year extension and finds it to be reasonable. • Added that this is a beautiful project. • Said that the times are tough here. Chair Gibbons: • Expressed support for afour-year extension. • Pointed out that in previous instances, when longer extensions have been sought, two years was what was granted. Campbell Planning Commission Minutes for March 23, 2010 Page 20 • Said that, however, reflects different projects. The difficult market for this type of project supports afour-year extension. Commissioner Cristina said he agrees to four years too because in the current market that is realistic. He agreed that this is the best project on this street and in the immediate area. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Cristina, the Planning Commission adopted Resolution No. 3979 recommending that the City Council adopt an Ordinance granting afour-year Extension of Approval (PLN2009- 159) of a Planned Development Permit for four industrial condominium buildings (McGlincy Business Park) on property owned by Instant Storage Service, Inc., located at 680 - 750 E. McGlincy Lane, by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons, Reynolds, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None *** Chair Gibbons read Agenda Item No. 4 into the record as follows: 4. PLN2010-12 Public Hearing to consider the application of Midway Signs, on Midway behalf of the Campbell Church of Christ, for a Sign Application Signs (PLN2010-12) to allow a manual readerboard sign on property owned by Campbell Church of Christ located at 1075 W. Campbell Avenue in a P-F (Public Facilities) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking approval for a new manual readerboard sign for two parcels fronting on Campbell Avenue at its corner with Victor Avenue. • Reminded that the Commission, at its meeting in October 2009, approved a sign. It was later determined that the approved sign incorporated an inaccurate property line and could not be constructed as approved. • Said that in its place, the applicant has developed a split face "V" configuration sign with both signs having 28.5 square feet in sign area. • Stated that the purpose of this sign is to maximize the visibility given the constraints of the site. A reduced scale mock up of this sign was placed on site. • Stated that staff has evaluated this split face design as representing two signs, which exceeds allowable sign area. The applicant believes this design is necessary to achieve accurate visibility. Campbell Planning Commission Minutes for March 23, 2010 Page 21 • Said that staff disagrees and feels that options exist include a revised location, modifications to the existing fence or to shrink the design. • Added that parallel or diagonal signs would work. • Recommended denial. Commissioner Alster clarified that the previously approved sign crossed over the property line. Planner Daniel Fama explained that the site was developed a long time ago and consists of two parcels. The playground is on a residentially zoned property. The church parcel has aright-of-way that is not as deep as the playground parcel. Director Kirk Heinrichs said that the Habitat project had more of a dedication to allow for a sidewalk and parkstrip. Commissioner Alster presented the Site and Architectural Review Committee Report as follows: • SARC reviewed this request on February 23~d and agreed with staff's assessment that a split faced design should not be allowed in that it sets bad precedent. • Said that the previously approved sign provides sufficient signage for the site. Chair Gibbons opened the Public Hearing for Agenda Item No. 4. Mr. Gary Anderson, Applicant, Midway Signs: • Said he took 15 or more photographs up and down the street, which demonstrates that you can only see one side of the sign at any given angle. That is the same as a sign with two faces. The only time you see both signs if you look at it straight up. Therefore, he considers this to be one sign. • Pointed out that they only have nine feet of space to work with. • Stated that it would be a big expense to move the fence back. • Reiterated that this is a simple proposal and represents a single sign as only one side can be seen at any time. Chair Gibbons: • Asked if any consideration had been given to modify the frame of the sign. • Stated that the key issue is readability. Mr. Gary Anderson said that it doesn't look as nice when reduced and asked that they be allowed to go one foot over the property line, which would solve the problem. He reported that his company had been allowed to do so in other cities, such as Fremont and San Diego. Chair Gibbons suggested using a rusticated edge. Mr. Shaun Stuart, Principal, Campbell Christian School: • Said that the spacing became problematic due to the property line issue. Campbell Planning Commission Minutes for March 23, 2010 Page 22 • Added that the curve of the corner makes a sign hard to see when coming west on Campbell Avenue. • Pointed out that there is a big stop light pole in its way. • Explained that parents fund-raised to pay for this sign. • Added that it was he who came up with this "V" shaped sign as an alternative. • Said that the sign is not visible when straight. • Agreed that the sign could be somewhat reduced in size. • Stated that modifying the fence would both reduce the playground and be costly and would include the moving of one bollard and some bushes to accomplish. • Said that their request meets the intent of the Sign Ordinance in that it helps preserve visual quality, is architecturally compatible and promotes economic vitality. • Added that he does not see any negative with the angled sign they propose. Chair Gibbons: • Said she is hearing two things. One, there is a property line issue. Two, the sign that was previously approved does not work. • Asked why the sign must be placed so close to Victor Avenue. Mr. Shaun Stuart explained that it could be moved but they want to use this sign to publicize their events to parents as they wait at this stop light. Chair Gibbons said the sign could work further up the road. Commissioner Cristina asked Mr. Shawn Stuart how often the west entrance is open for use. Mr. Shawn Stuart: • Said it is used on Sundays and for major events. • Explained that they are concerned with the fast moving traffic there and don't want to see any accidents there. Traffic on this angled road moves fast. Commissioner Cristina said that the main entrance would be a safer place to position this sign. Mr. Shawn Stuart said that they contain their traffic on site. They want their sign to serve as an advertising component for upcoming events. Chair Gibbons closed the Public Hearing for Agenda Item No. 4. Commissioner Roseberry: • Said that one could never see the area of more than one surface at any given time with this tri-angular sign design. • Said that that this is not athree-sided sign but rather is a two-sided sign. • Stated that this does not bother him as much but maybe it could be reduced a bit. Campbell Planning Commission Minutes for March 23, 2010 Page 23 Chair Gibbons: • Said that sign itself is 10 feet wide. The maximum size is 10 feet and the angle appears to be needed to keep it at that size. Commissioner Rocha: • Reported that there was concern raised at the SARC meeting regarding the potential to set precedent. • Said that the heart is in the right place here on the part of this applicant. • Said he would be inclined to support this request as long as it did not establish a precedent. • Asked if there are other suggestions. Commissioner Roseberry said that the drawings are not resolved and the architecture depicted is not correct. It is not drawn like it's going to look. Commissioner Alster pointed out that there is a leasing sign exactly like this on Campbell Avenue. Chair Gibbons suggested it might be an illegal sign. Commissioner Alster said that these applicants here are trying to do the right thing. Commissioner Rocha clarified that a real estate leasing or for sale signs operate under different signage guidelines. Commissioner Ebner: • Said that there are problems of geography off site. There are utilities located underground and street signs in the way of their proposed signage. • Said he is willing to support it as it is proposed with perhaps reduced coining. • Added that there is enough here to overlook and approve the sign. Commissioner Reynolds said that Commissioner Ebner stole his thunder. Planning Manager Paul Kermoyan: • Explained that the Sign Ordinance does not do a good enough job in describing a freestanding versus monument sign. • Cautioned that the Commission's decision on this request will guide decision making in the future. • Said that staff disagrees that it is difficult to see the proposed sign from the subject property. It has not been demonstrated that there is some lack of visibility. • Said that this sign approval sets precedence. Commissioner Ebner said that the geography of the site and the fact that there are impediments there such as light standards and utilities might rationalize approval. Campbell Planning Commission Minutes for March 23, 2010 Page 24 City Attorney William Seligmann said that might be true if this were a Sign Exception request rather than a Sign Permit request but that is not what is before the Commission right now. Commissioner Cristina • Said that he really appreciated that clarification. • Added that that seemed to be a big issue. • Stated that he is not personally opposed to this request but it could create a large problem in the future. • Suggested a continuance to see if there are other options available. • Asked staff if they thought there were other viable options. Planning Manager Paul Kermoyan said Kirk, Daniel and he had walked the site and identified other locations where a true monument sign could be situated. Commissioner Cristina said, given that input, it is difficult to agree with this request. Commissioner Reynolds said he supports a continuance to allow the applicant to come back with an Exception request. Commissioner Ebner: • Agreed that this is a fast traveling street where traffic flies by. • Said that use of a flat sign would be more of a hazard and that a "V" shaped sign would be easily seen. • Said that this is an advertising sign as this is a business. It would be visible for those stopped at the light. Commissioner Roseberry said he now sees a problem when looking at this sign. It is a two-dimensional representation of athree-dimensional object. We need to see that sign off an angle of approximately 20 degrees to see how it would look. We need a three-dimensional drawing or model to look at. Chair Gibbons: • Said that the actual readerboard is approximately six feet and the overall sign 10 feet. • Added that it could be redesigned at approximately nine feet. • Expressed agreement with Commissioner Roseberry that the information provided is not complete enough. • Said the applicant's desire to have this sign is not a totally failsafe problem. It could be elsewhere as a standard sign. • Agreed that setting precedence is a risk. The setback is a problem. • Stated that the Commission could possibly condition this under a Sign Exception presentation. • Recommended a continuance. Campbell Planning Commission Minutes for March 23, 2010 Page 25 • Reiterated that she is hearing two things. Amore complete presentation is necessary as well as having the applicant demonstrate to staff why other signage placement is not viable. Commissioner Ebner suggested that staff show where it might go. Commissioner Roseberry suggested smaller scale but the same look. Chair Gibbons explained there are two options. One is to vote as it stands tonight. Her recommendation is for a continuance. Director Kirk Heinrichs said that it appears the Commission wants the applicant to demonstrate that a standard sign does not work for them and to more closely show their proposed sign as it would actually appear. Commissioner Ebner added that staff should also identify other potential locations. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Reynolds, the Planning Commission CONTINUED TO ITS MEETING OF APRIL 27, 2010, consideration of a Sign Application (PLN2010-12) to allow a manual readerboard sign on property owned by Campbell Church of Christ located at 1075 W. Campbell Avenue. (7-0) *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Kirk Heinrichs presented the Director's Report as follows: • Reported that Council held its meeting the previous evening. • Added that Council also conducted a study session to consider the option of moving forward with a ballot measure to have the City Clerk position become an appointment as opposed to the current elected position. The Treasurer's duties would be diverted to become the responsibility of the City's Finance Director. • Reported that the next community meeting on the budget process would occur the next night (March 24t") at the Community Center. Campbell Planning Commission Minutes for March 23, 2010 Page 26 ADJOURNMENT The Planning Commission meeting adjourned at 10:45 p.m. to the next Regular Planning Commission Meeting of April 13, 2010. SUBMITTED BY: Recording Secretary APPROVED BY: ATTEST: