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PC Min - 06/22/2010CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of June 22, 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: JUNE 22, 2010 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Elizabeth Gibbons Michael Rocha Theresa Alster Philip C. Reynolds, Jr. Bob Roseberry Commissioners Absent Staff Present: APPROVAL OF MINUTES Commissioner: Commissioner: Community Development Director: Planning Manager: Assistant Planner: City Attorney: Recording Secretary: Jeffrey Cristina Mark Ebner Kirk Heinrichs Paul Kermoyan Daniel Fama William Seligmann Corinne A. Shinn Motion: Upon motion by Commissioner Alster, seconded by Commissioner Roseberry, the Planning Commission minutes of the meeting of June 8, 2010, were approved. (4-0-2-1; Commissioners Cristina and Ebner were absent and Chair Gibbons abstained) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for June 22, 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 advised that she would have to recuse herself from Agenda Item No. 1. She left the dais and chamber for the hearing. Acting Chair Rocha read Agenda Item No. 1 into the record as follows: PLN2010-99 Public Hearing to consider the application of Mr. Scott Trobbe, Trobbe, S. on behalf of Hamilton Campbell, LLC, for an Extension of Approval (PLN2010-99) of a previously-approved Planned Development Permit (PLN2000-88) for a five-story office building and two six-level parking structures on property owned by Hamilton Campbell, LLC, located at 649 Creekside Way in a P-D (Planned Development Zoning District. A Mitigated Negative Declaration was previously approved for this project. Tentative City Council Meeting Date: July 20, 2010. 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 of a previously- approved Planned Development Permit for a property located at 649 Creekside Way to allow the construction of a five-story office building and two six-level parking structures. • Explained that this three-year extension is required to allow the applicants the opportunity to secure a new loan. Existing economic factors have led to the need for this extension. • Reported that the original project approved consisted of a hotel, office and two parking structures. In 2006, the original approval was reinstated. In 2007, a Planned Development Permit was approved for the hotel alone. In 2008, a 2.5- yearextension was granted for the original PD Permit. • Said that a good faith effort has been demonstrated by this applicant and staff believes that the justification for this extension can be made. • Recommended that the Planning Commission adopt a resolution forwarding a recommendation to Council to adopt an ordinance granting athree-year extension of approval through June 2014. Acting Chair Rocha opened the Public Hearing for Agenda Item No. 1. Campbell Planning Commission Minutes for June 22, 2010 Page 3 Mr. Scott Trobbe, Applicant: • Thanked Director Kirk Heinrichs and Planning Manager Paul Kermoyan. • Said that it is a unique situation for South Bay Development to request an extension. It is not something they often ask for so it is a new experience. • Said that the environment now is that the financial markets are in turmoil particularly as it relates to real estate lending. • Said that they are placing themselves in a position to have a successful project in the future. • Pointed out that they have already contributed $250,000 to the City with the last extension as their share of the off-site improvements for the hotel portion of the original development that has been constructed. • Reported that South Bay has been in Campbell for 30 years and is proud of its projects constructed in Campbell. • Concluded that he hopes the reasons stated for this extension can be found to be plausible. Acting Chair Rocha closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3990 recommending that Council grant a three year Extension of Approval (PLN2010-99) of a previously approved Planned Development Permit (PLN2000-88) for afive- story office building and two six-level parking structures on property located at 649 Creekside Way, by the following roll call vote: AYES: Alster, Reynolds, Rocha and Roseberry NOES: None ABSENT: Ebner and Cristina ABSTAIN: Gibbons Acting Chair Rocha advised that Council would consider this project for final action at its meeting on July 20, 2010. *** Chair Gibbons returned to the chambers and dais and read Agenda Item No. 2 into the record as follows: Campbell Planning Commission Minutes for June 22, 2010 Page 4 2. PLN2010-82 Public Hearing to consider the application Mr. Patrick Fiedler, Fiedler, P. on behalf of AJ Properties, for a Conditional Use Permit (PLN2010-82) to allow for 24-hour operation of an existing and recently reconstructed convenience market (7-Eleven) on property owned by AJ Properties located at 262 W. Sunnyoaks Avenue in a C-2 (General Commercial) 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: Paul Kermoyan, Planning Manager Mr. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Said that this particular business (7-Eleven) has been at this location since 1971 with 24-hour operation since the early 70's. • Reported that the City since that time adopted an ordinance that required businesses with late night operations to secure a Use Permit for 24-hour operation. The intent of this ordinance was not to prohibit 24-hour uses but to regulate these businesses through conditions of approval, which can mitigate any potential impacts from that use. • Explained that issues considered include noise, lighting, crime, service vehicles and neighborhood integration. • Stated that existing noise impacts are being mitigated because the building housing this 7-Eleven was recently reconstructed following a fire. Previously, there was a mansard roof and mechanical equipment was on the roof and visible. Those chillers are now off the roof, ground-mounted and contained behind a masonry wall. The trash enclosure has been relocated. Lighting has been replaced with previously roof mounted fixtures replaced with wall-mounted LED's. Sufficient site lighting will help hinder crime. • Added that use of graffiti retardant materials will help with abatement of any graffiti and/or tagging that might occur. • Said that deliveries can sometimes be an impact. • Reported that he had evaluated 10 years' worth of police reports of which approximately 30 were calls specific to this site or an average of three per year in that 10-year time frame. There was one code enforcement case that resulted from delivery disturbances. • Advised that imposed conditions will limit deliveries to the hours between 7 a.m. and 7 p.m. One early morning delivery per day will be permitted for perishables. • Explained that 7-Eleven has agreed to a condition to lock a gate on site to prevent access and parking at the back (except for staff parking) between the hours of 11 p.m. and 6 a.m. and leaving customer parking to the front during those hours. Condition 11 requires additional landscaping with existing planter areas to be replenished and maintained in order to improve the appearance and integration of the site with the surrounding neighborhood. • Recommended the adoption of a resolution approving this Conditional Use Permit. Campbell Planning Commission Minutes for June 22, 2010 Page 5 Commissioner Rocha reported that he moved into that neighborhood in approximately 1978 before the adjacent townhomes were constructed there. Previously there were single-family homes nearby. In those days, this was the only store in the area. Commissioner Reynolds asked if the 30 calls during the 10-year period studied were initiated by employees of 7-Eleven or nearby residents. Planning Manager Paul Kermoyan said that these calls were both from the area and from the site. They represented robberies, thefts, expired licenses, etc. They are relevant to the operation and its impact in the neighborhood. Chair Gibbons opened the Public Hearing for Agenda Item No. 2. Mr. Patrick Fiedler, Applicant: • Thanked staff. • Reported that there was a fire in November. • Added that they are pleased to be this close to having reconstruction completed. • Outlined improvements that included relocation of the mechanical equipment onto the ground and the relocation of the trash enclosure. • Said that he has reviewed the proposed conditions of approval and agree with them and has no problem complying with them. • Said that locking the gate in the evening will keep customers at the front with employees parked in the back. • Said that they have been in this location for 40-plus years and reach out to the community. Mr. Dennis Staley, 7-Eleven Representative: • Said that this will be a beautiful new 7-Eleven store with a fresh food concept. • Reported that 7-Eleven employees are trained seriously for problem solving. Each year, each employee retakes training that includes "come-of-age" training, how to sell alcohol, how to refuse a sale as well as how to recognize asecond-party sale. • Said that although it was bad luck to have this fire, it is good that this location has been upgraded. Chair Gibbons closed the Public Hearing for Agenda Item No. 2. Commissioner Alster: • Said that this is all good and there is nothing to disagree about. • Added that there has been a real nice renovation to the building and that noise and landscaping issues are resolved. Commissioner Roseberry: • Said that he is there often. • Added that this is a cute little 7-Eleven store but pointed out that parking only accommodates four or five cars. • Said that approving this is the right thing. Campbell Planning Commission Minutes for June 22, 2010 Page 6 Commissioner Reynolds said that the fact that there has been just one code enforcement complaint speaks highly of the operation. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 3991 approving a Conditional Use Permit (PLN2010-82) to allow for 24-hour operation of an existing and recently reconstructed convenience market (7-Eleven) on property located at 262 W. Sunnyoaks Avenue, by the following roll call vote: AYES: Alster, Gibbons, Reynolds, Rocha and Roseberry NOES: None ABSENT: Cristina and Ebner ABSTAIN: None Chair Gibbons advised this action is final unless appealed in writing to the City Clerk within 10 calendar days. Commissioner Rocha advised that he earned his all-time high pinball score at this location. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Kirk Heinrichs advised that the joint study session with the Planning Commission and Council has been scheduled for August 3~d with specifics to be provided at a later time. ADJOURNMENT The Planning Commission meeting adjourned at 8 p.m. to the next Regular Planning Commission Meeting of July 13, 2010. SUBMITTED BY: i .Shinn, Recording Secretary APPROVED BY: izab h Gibbons, Chair ~`. ATTEST: Kirk ric s, Secretary