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PC Min - 11/09/2010CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY NOVEMBER 9, 2010 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of November 9, 2010, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair Roseberry and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioners Absent: Chair: Commissioner: Commissioner: Staff Present: Comm. Dev. Director: Planning Manager: Associate Planner: Assistant Planner: City Attorney: Recording Secretary: APPROVAL OF MINUTES Bob Roseberry Theresa Alster Jeffrey Cristina Paul Resnikoff Elizabeth Gibbons Mark Ebner Philip C. Reynolds, Jr. Kirk Heinrichs Paul Kermoyan Steve Prosser Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Alster, seconded by Commissioner Resnikoff, the Planning Commission minutes of the meeting of October 23, 2010, were approved. (4-0-3; Chair Gibbons and Commissioners Ebner and Reynolds were absent) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for November 9, 2010 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Director Kirk Heinrichs advised that Item 2 would need to be continued. Commissioner Resnikoff lives within noticing distance and cannot participate in that hearing leaving less than a quorum available to hear that item. ORAL REQUESTS There were no oral requests. SPECIAL PRESENTATION Acting Chair Roseberry extended the Commission's congratulations to Commissioner Cristina upon his election to Council. Commissioner Cristina thanked the Commission and said it has been an honor to serve on the Planning Commission. *** PUBLIC HEARINGS Acting Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. PLN2010-153 Public Hearing to consider the application of Ms. Melanie Orr, Orr, M. on behalf of GameStop, LLC, for a Conditional Use Permit (PLN2010-153) to allow late night operational hours (Midnight Openings) for an existing retail store (GameStop) on property located at 1700 S. Bascom Avenue in a C-2-S (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: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the applicant, GameStop, located at the Hami-ton Plaza Shopping Center in between Starbuck's and CVS Pharmacy, sells new and used video games at 20 locations in the County. Their Campbell location opened in May. • Explained that the applicant seeks a Conditional Use Permit for their "Midnight Openings" to allow them to stay open late (to midnight or 1 a.m.) for new game releases. • Added that staff is recommending approval of hours up to 1:30 a.m. although the applicants state it is unlikely they will remain open beyond 1 a.m. They propose between 10 and 15 events per year. Staff is recommending approval of up to 20 events to provide some flexibility. Anticipated participation at these "Midnight Openings" is between 50 and 200 customers. Events can include customer participation costume contests and video game contests. Campbell Planning Commission Minutes for November 9, 2010 Page 3 • Reported that CVS Pharmacy operates 24 hours and Starbuck's is open until 11:30 a.m., both with approved Use Permits for late operational hours. • Explained that staff has recommended conditions to limit any impacts on the nearby residences that include a prohibition of use of the rear alley in the late hours; requiring activities to be conducted inside the business; that the Police Department can require the use of private security if deemed necessary based on previous events; and the requirement that the Police Department be provided with three-days advance notice of events. In addition, the standard noise conditions apply. • Recommended approval of this Conditional Use Permit. Acting Chair Roseberry opened the Public Hearing for Agenda Item No. 1. Mr. Ron Serna, District Manager, GameStop, Inc.: • Introduced himself as available for questions. Commissioner Cristina asked Mr. Serna what day of the week new games are typically released. Mr. Ron Serna said that usually on Monday or Tuesday. New games releases seldom take place on weekends. Commissioner Cristina pointed out that weekdays are when people try to sleep but that he still likes this idea of allowing occasional after hours events. Acting Chair Roseberry closed the Public Hearing for Agenda Item No. 1. Commissioner Cristina: • Said that this is a pretty good fit. • Stated that the three-day advance notice to the Police Department is an important condition as it allows them to prepare, if necessary. • Expressed support and said he didn't feel this use would likely disturb nearby residents. Commissioner Resnikoff: • Agreed to the importance of having advance notice to the Police Department. • Pointed out that GameStop has indicated a willingness to accommodate additional security. • Said he thought that provision of additional security was a good idea. Commissioner Alster: • Said she agrees that security is a big deal. • Stated that she likes the idea of having security other than behind the counter staff. Acting Chair Roseberry: • Said he thought this would be okay. • Reminded that the businesses on either side already have later hours. Campbell Planning Commission Minutes for November 9, 2010 Page 4 • Pointed out the requirements for three-day advance warning and potential security requirements are addressed within the conditions of approval. • Added that he did not want to see security the first go around. Having uniformed security might be a negative thing. • Stated that he is not sure that security would be a big issue but he is open to it if it is found to be necessary. He said he questions the need for private security. Is it necessary for every event? For the first time around? • Suggested that if Police response is required at an event, added private security can be required for subsequent future events. Commissioner Cristina said that most likely customers will come in, buy their game and get out so they can get home and start to play. He reminded that the Chief of Police has authority to require additional security. Commissioner Resnikoff clarified that he sees the potential for security as being only for crowd control but not necessarily requiring uniformed security guards. Acting Chair Roseberry said that security issues are well covered with the conditions of approval. Motion: Upon motion of Commissioner Alster, seconded by Commissioner Cristina, the Planning Commission adopted Resolution No. 4000 approving a Conditional Use Permit (PLN2010-153) to allow late night operational hours (Midnight Openings) for an existing retail store (GameStop) on property located at 1700 S. Bascom Avenue, by the following roll call vote: AYES: Alster, Cristina, Resnikoff and Roseberry NOES: None ABSENT: Ebner, Gibbons and Reynolds ABSTAIN: None Acting Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Director Kirk Heinrichs advised that Commissioner Resnikoff resides within noticing distance of the next item and would have to recuse himself. That leaves too few members available to reach a quorum. Therefore, this item would need to be continued to the next meeting on December 14, 2010. Commissioner Resnikoff left the dais and chambers. Acting Chair Roseberry read Agenda Item No. 2 into the record as follows: Campbell Planning Commission Minutes for November 9, 2010 Page 5 2. PLN2010-203 Public Hearing to consider the application of Mr. Brian Aced for Aced, B. a Site and Architectural Review Permit (PLN2010-203) to allow a Modification to a Side Yard Setback to allow a second story addition on property located at 175 N. Second Street in an R-1- 6 (Single Family Residential) 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 Acting Chair Roseberry opened the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Cristina, seconded by Commissioner Alster, the Planning Commission CONTINUED TO ITS MEETING OF DECEMBER 14, 2010, consideration of an application for a Site and Architectural Review Permit (PLN2010- 203) to allow a Modification to a Side Yard Setback to allow a second story addition on property located at 175 N. Second Street, due to a lack of quorum of the Commission. (3-0-3-1; Commissioners Ebner, Gibbons and Reynolds were absent and Commissioner Resnikoff abstained/recused) Commissioner Resnikoff returned to the chambers and dais for the next item. *** Acting Chair Roseberry read Agenda Item No. 3 into the record as follows: 3. PLN2010-183 Public Hearing to consider the application of Pacific Neon Sign Pacific Neon Company fora Master Sign Program and Sign Exception Sign Company (PLN2010-183) to allow the installation of signage at the newly approved Safeway Shopping Center on property located at 950 W. Hamilton Avenue 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, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: Advised that the applicant is seeking approval of a new Master Sign Program and Sign Exception for signage for future commercial signs. Explained that the Master Sign Program establishes uniform sign standards to create site identity using uniform materials and lighting. The program includes two new freestanding monument signs. Campbell Planning Commission Minutes for November 9, 2010 Page 6 • Described the site as being at the southwest corner of Hamilton Avenue and Marathon Drive. Surrounding uses include residential to the west and south; commercial to the north and a shopping center to the east. It is currently under construction with a remodel for Safeway, a new pad building and new fueling station. • Said that the site plan indicates the proposed sign locations. The proposed Master Sign Program includes six Exceptions for number and maximum area of signs. • Reported that staff feels the Master Sign Program meets the intent of the Sign Ordinance except for two items: the size of the refueling station sign and the number and size of the signage for the new pad building. • Said that three metal canopy signs are proposed for the new pad building. Staff supports two of the three. • Said that the Sign Ordinance standard is for a maximum of 50 square feet of signage per business. • Said that in lieu of the third proposed canopy sign for the pad building, staff can support an additional monument sign for that pad building. • Reported that for the refueling station, one proposed canopy sign is at 63.5 feet in area where 50 square feet maximum is allowed. Staff is not supportive of an Exception beyond the allowed 50 square feet for this specific sign. • Reiterated that staff suggests a reduction in the number of canopy signs for the pad building from three to two with a total of 50 square foot per frontage. Staff also suggests a reduction of the refueling canopy sign to a maximum 50 square feet each. • Said that a condition is imposed that the monument signs be located completely on private property outside of the sight triangle. • Recommended that this project be deemed Categorically Exempt under GEQA. • Recommended that the Planning Commission adopt a resolution approve a Master Sign Program and Sign Exception subject to the conditions of approval. Commissioner Resnikoff asked about staff's recommendation for a monument sign for the pad building. Planner Steve Prosser said that if the Commission agrees that additional signage is necessary to achieve adequate visibility of the pad building, a monument sign could be supported for the pad building. Commissioner Resnikoff clarified that staff does not support the proposed sign on the west elevation of the pad building. Director Kirk Heinrichs: • Pointed out that this is an 8-acre site with a 600-foot street frontage. • Said that for aesthetic reasons, staff supports a monument sign over awest-facing canopy sign for the pad building. Commissioner Alster asked if the recommended conditions reflects staff's recommendations. Campbell Planning Commission Minutes for November 9, 2010 Page 7 Planner Steve Prosser said that the draft conditions do reflect staff's recommendations. Commissioner Alster provided the Site and Architectural Review Committee meeting report as follows: • SARC reviewed this application on October 12, 2010. • SARC's recommendations included: o Reducing the primary monument sign, which as proposed was five square feet larger than allowed, so that it conforms. This sign was revised to reflect compliance. o Establishing a maximum sign area of 100 square feet for the secondary tenants of the main building. The applicant has revised their plan to reflect this. • Explained that SARC was concerned about the signs for the refueling station and pad building. The applicant has presented their proposal without changes to those signs. Acting Chair Roseberry asked staff to summarize how SARC's recommendations were incorporated. Planner Steve Prosser: • Advised that the primary monument sign has been reduced by the applicant from 55 to 50 square feet. • Added that the applicant also supported a reduction of allowable sign area for the four secondary tenant spaces. Acting Chair Roseberry reminded that SARC also had concerns about the renderings and the accuracy of their scale. Are the revised plans to scale? Planner Steve Prosser said yes, the plans are to scale and accurate to reflect the size of signs. Acting Chair Roseberry asked about the size of signage for all other tenants of the primary building. Planner Steve Prosser advised that the applicant was concern that not having a maximum sign area other than one foot per linear foot of building frontage created the risk that this signage could end up larger than Safeway's, the primary tenant. Acting Chair Roseberry asked if the applicant is okay with the signage for the main building. Planner Steve Prosser replied yes. Acting Chair Roseberry restated that staff's recommendation for the possibility of another monument sign to serve the pad building in lieu of one of their proposed canopy signs on the western elevation. Campbell Planning Commission Minutes for November 9, 2010 Page 8 Planner Steve Prosser advised that this was a last minute recommendation by staff. The applicant was not aware of this suggestion prior to this meeting. Acting Chair Roseberry clarified that the second monument sign is a federally required pricing sign for the refueling station. Planner Steve Prosser said that the pricing sign for the refueling station is required under County, State and Federal regulations. Acting Chair Roseberry asked if this pricing monument sign is electronic. Planner Steve Prosser replied yes. He added that it is illuminated. Acting Chair Roseberry asked if about the size and square footage for the canopy signage for the refueling station. Planner Steve Prosser said that it represents one square foot for linear canopy. It exceeds the cap per the Sign Ordinance and staff is recommending that this excess not be allowed. Acting Chair Roseberry asked if a scaled drawing of that has been verified. Planner Steve Prosser replied yes. Acting Chair Roseberry opened the Public Hearing for Agenda Item No. 3. Ms. Natalie Mattei, Real Estate Manager, Safeway: • Said that she has been reflecting back on previous meetings before this Commission and the Council. • Said that they are on track to open in February. • Thanked staff and SARC for their feedback that helped to improve their package. • Said that Safeway's goal is to have tasteful and attractive signage that helps bring attention to this mid-block location from San Tomas Expressway. • Stated that she concurs with most of staff's recommendations but there are a couple of items to discuss. • Expressed appreciation for staff's suggestion of a monument sign for the new retail pad building. It is anticipated that building will be occupied by a single tenant -one national retailer -although that lease has not yet been signed. • Said that they would like signage at the front entrance of the pad building facing the Safeway store. Their pad building request is for signage on the west (facing Safeway); Hamilton and east-facing elevations. • Said that staff's recommendation for a matching monument sign is a great suggestion and the best solution. They greatly appreciate that consideration. • Said that the refueling station have canopies with signage on the west and east elevations. They hope to face San Tomas Expressway as much as possible to capture folks from the retailers located to the east of them. Campbell Planning Commission Minutes for November 9, 2010 Page 9 • Asked that they be allowed more square footage just along one elevation -the eastern facing elevation. • Said she has one new item. They have a potential retail tenant for approximately 12,000 square feet of tenant space at the back of the main building. This is an established local retailer (Home Consignment) for an otherwise difficult to lease tenant space. This tenant is about to sign the lease contingent on a sign package. Their signage is within the Ordinance guidelines except that they want a logo placed on the Hamilton facade that is not adjacent to their space to provide visibility from Hamilton which this business feels is necessary. • Added that they can also provide sign area for this business on the monument sign. Acting Chair Roseberry asked where exactly this logo would go on the Hamilton elevation. Director Kirk Heinrichs: • Explained that this proposal was brought to staff's attention after the staff report for this meeting was complete. • Said that this request is a challenge. • Advised that exceptions to the Sign Ordinance are allowed in regards to size and number of signs. However, the Sign Ordinance does not allow exceptions to place signage on a building frontage that a business does not occupy. • Said that the only want to do that would be to amend the Sign Ordinance itself. Acting Chair Roseberry: Said that allowing this sign to be placed on this elevation would impact the tenant who ends up leasing that space only to have an unrelated business' sign on their frontage. • Advised the applicant that the Commission has no power this evening to take action on that requested exception to allow placement of a sign on building frontage not directly connected with the tenant space. Ms. Natalie Maffei said that per their leasing team, the Home Consignment lease is contingent on this logo. Acting Chair Roseberry reiterated that the logo placement exception request is tabled this evening as it is not within the power of the Commission to say yes at this point. The rest of the Sign Program and Exception requests can be approved tonight. Ms. Natalie Maffei said she can continue to work with staff. Acting Chair Roseberry said that it would be wise to come up with a different solution and to focus on what is already before the Commission tonight. Ms. Natalie Maffei said she and members of her team are available for any questions. Acting Chair Roseberry said that the applicant appears to feel strongly that the east elevation canopy sign for the refueling station needs additional square footage to Campbell Planning Commission Minutes for November 9, 2010 Page 10 achieve visibility from San Tomas Expressway but less square footage is necessary on the northern elevation. He asked how the signs (9A and 9B) would be lit and placed. Mr. Howard Herlitz, Pacific Neon Sign Company: • Provided a sample sign letter that depicts a reverse pan channel letter. • Said that this style provides a subtle but nice look that is not obtrusive. Acting Chair Roseberry closed the Public Hearing for Agenda Item No. 3. Commissioner Cristina: • Said that he likes the sign lettering and style example shown by the Sign Company. • Agreed that this style of signage would generally not be obtrusive to the neighborhood. • Added that having signage on the west elevation of the pad building however could adversely impact the adjacent residents. • Expressed support for a monument sign to serve the pad building instead of the requested west elevation sign. • Said that they must meet the guidelines regarding square footage allowed. • Stated that 50 square feet is adequate and within the Sign Ordinance guidelines. Commissioner Resnikoff seconded the comments on the pad building signs. He said that the proposed monument offers a great alternative to the west elevation sign leaving a north, south elevation and monument sign to serve the pad building. Acting Chair Roseberry said yes. Commissioner Alster said that there are so many different signs under consideration as to be confusing. She asked staff to go over the table to clarify this request. Acting Chair Roseberry: • Said that this is a great project. • Pointed out that Safeway is a nationally recognized brand. • Stated that this is a big site and people are used to having retail there. • Said that it seems like a lot of exceptions including the main monument sign and for Safeway itself. • Added that this Safeway tenant space is quite large and perhaps equal to five separate storefronts for smaller businesses. Some of the signage requested for Safeway is for in-store stores. The exceptions for Safeway seem reasonable given the size of the site and the building itself. • Reminded that the other tenant spaces in that main building are limited to one square foot of sign area for every square foot of linear building frontage with a 20 foot minimum and 50 foot maximum in sign area. • Said that the sign design is pretty subtle and use of individual back lit letters reduces the weight of their appearance. The proposal for the primary building tenant signs offers a reasonable approach. Campbell Planning Commission Minutes for November 9, 2010 Page 11 • Reminded that the refueling station monument pricing sign is required by law. The applicant has indicated a willingness to reduce their north elevation refueling canopy sign (on Hamilton) down to 50 square feet. The other canopy sign, although bigger in sign area than 50 square feet, is not out of proportion to the structure itself. • Said that it is always a struggle over signs. To allow the location of a logo sign apart from a tenant space is something that would require revisiting the Sign Ordinance itself. • Discussed the pad building signage. The Sign Ordinance allows one sign but a strong argument can be made to allow two signs on this building. Customers may decide to go from Safeway to this pad building. The compromise that staff has come up with - a monument sign for the pad building - is a reasonable one that this larger site can handle. • Asked Commissioner Alster if this overview was helpful in clarifying this application. Commissioner Alter replied yes. Commissioner Cristina: • Said that Acting Chair Roseberry's overview definitely helped but didn't necessarily sway him on the refueling station's canopy sign. • Added that he does not see why they need an extra 13.4 square foot when 50 square foot is already large and would still be visible. Acting Chair Roseberry said he understands. Commissioner Cristina said that he knows Safeway's sign very well and just needs the «S „ Acting Chair Roseberry: • Said that staff has made good recommendations that the Commission can work with. • Agreed that 50 square feet is pretty big. • Said that the sign appears smaller with use of individual letters. • Said that a reduced north elevation refueling station sign is a good idea but it is not a deal breaker to allow it larger. Commissioner Cristina said that the east elevation is not facing homes so his opinion on that particular sign has been swayed. Director Kirk Heinrichs: • Hamilton elevation sign has been reduced to 50 square feet from the originally proposed 63.4 square feet. • For the pad building two wall signs and a monument sign would be allowed. City Attorney William Seligmann said that the draft findings would have to be modified to indicate why a monument sign for the pad structure is necessary to provide visibility Campbell Planning Commission Minutes for November 9, 2010 Page 12 and why additional sign area on the refueling station canopy sign is necessary to provide visibility. Director Kirk Heinrichs said that findings can be made to support these changes due to the size of the property and the ability to get visibility and identity from the west in a manner that has the least impact on the residential neighborhood. Planner Steve Prosser said that draft findings can be found on page 6 of the staff report. Motion: Upon motion of Commissioner Cristina, seconded by Commissioner Resnikoff, the Planning Commission adopted Resolution No. 4001 approving a Master Sign Program and Sign Exception (PLN2010-183) to allow the installation of signage at the newly approved Safeway Shopping Center on property located at 950 W. Hamilton Avenue, with the following changes: • Incorporating findings to support a third monument sign on site to serve the pad building tenant; • Incorporate findings to allow a 63.4 square foot canopy mounted sign on the east elevation of the refueling station only; • Modify the conditions of approval to allow the installation of a third freestanding sign to serve the pad building tenant in place of the eliminated third building sign originally proposed on the west elevation of the pad building; and • Modify the conditions of approval to allow one 63.4 square foot canopy mounted sign for the refueling station on the east elevation; by the following roll call vote AYES: Alster, Cristina, Resnikoff and Roseberry NOES: None ABSENT: Ebner, Gibbons and Reynolds ABSTAIN: None Acting Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Kirk Heinrichs had no additions to the Director's Report. City Attorney William Seligmann advised that Support Systems has filed an appeal with the Court of Appeals for the Sixth District. Acting Chair Roseberry asked if the sober living facility was still in Campbell Planning Commission Minutes for November 9, 2010 Page 13 City Attorney William Seligmann said it was. It was agreed that they could continue to operate with six residents. ADJOURNMENT The Planning Commission meeting adjourned at 8:50 p.m. to the next Regular Planning Commission Meeting of December 14, 2010 (the meeting of November 23, 2010 is cancelled). SUBMITTED BY: Corinne nn, Recording Secretary ~ ~ APPROVED BY: Bob Roseberry, Ac g Chair ATTEST: Kir Heinr' hs, Secretary