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PC Mins 08/09/2011CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of August 9, 2011, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Roseberry and the following proceedings were had, to wit: AUGUST 9, 2011 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Bob Roseberry Theresa Alster Brian Brennan Mark Ebner Paul Resnikoff Philip C. Reynolds, Jr. Commissioners Absent Staff Present: APPROVAL OF MINUTES Commissioner: Community Development Director: Planning Manager: Associate Planner: Assistant Planner: City Attorney: Recording Secretary: Elizabeth Gibbons Kirk Heinrichs Paul Kermoyan Steve Prosser Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Resnikoff, the Planning Commission minutes of the meeting of June 28, 2011, were approved with a minor edit to page 8. (6-0-1; Commissioner Gibbons was absent) Campbell Planning Commission Minutes for August 9, 2011 Page 2 COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. ** PUBLIC HEARINGS Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. PLN2011-159 Public Hearing to consider the application of Mr. Don Durbin for Durbin, D. a Conditional Use Permit (PLN2011-159) to allow the establishment of a go-kart/scooter vehicle service and repair facility (Cambrian Go Karts) in an existing commercial building on property owned by Burton Construction located at 599 E. McGlincy Lane, Suite A in the M-1 (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: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Reported that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a go-kart/scooter service and repair facility located on McGlincy Lane at the corner of Campbell Technology Parkway. • Stated that the parcel is 17,500 square feet and the building is 8,260 square feet. Twenty four (24) parking spaces serve the site. • Advised that Suite A was previously occupied by a baseball training facility that secured a Use Permit in 2006. • Said that in addition to the proposed service and repair services, a limited amount of retail sales of vehicles and parts will also take place, mostly on-line. • Stated that an RV and box truck will be stored on site for use in transporting vehicles to competitions and customer homes. • Said that the business will operate weekdays (Monday through Friday) and includes the two owners and three full-time employees. The business has between five and ten customers per day at their current operation located in San Jose. • Said that the building plan includes an open floor plan with distinct areas for retail space, storage and a service area. Campbell Planning Commission Minutes for August 9, 2011 Page 3 • Explained that the RV and trailer will be parked perpendicularly across four parking spaces. • Reported that staff has reviewed this proposal and finds it to be an appropriate use for the M-1 (Light Industrial) Zoning District. • Added that this is a unique business that can be compared to a motor vehicle service and repair facility but on a smaller scale serving smaller vehicles. • Pointed out that these vehicles are not street legal. • Stated that establishing this use at this location is subject to the granting of a Conditional Use Permit. Motor vehicle repair facilities are allowed within the M-1 Zoning District with a Use Permit. • Said that staff reviewed parking on site. There is not a lot of activity related to this business aside from employees and a few customers on site each day. There is a low customer and employee count. Four spaces will be dedicated to parking the RV and trailer. • Concluded that staff finds the parking to be sufficient to serve this proposed use. • Added that noise impacts have been evaluated. The noise from the go-karts can be compared to a lawn mower orweed-whacker. • Reminded that this is an industrial building with a machine shop in the adjacent suite. A condition of approval has been included requiring the roll up door be kept closed. The building's construction will help contain noise within said building. • Recommended approval. Chair Roseberry opened the Public Hearing for Agenda Item No. 1. Mr. Don Durbin, Applicant: • Expressed his appreciation for the opportunity to move his business to Campbell. • Assured that his company would be an asset for the City of Campbell and would not be a problem. • Said that he wanted to clarify operational hours from Monday through Saturday from 9 a.m. to 6 p.m. While they may sometimes be on site later in preparation for events, they would not be open to the public beyond those hours. Commissioner Alster said that this seems like an interesting business. She asked Mr. Don Durbin if he could provide a brief description of the business. Mr. Don Durbin: • Explained that they provide service and maintenance of race karts, which are small go-karts that sit close to the ground and can go as fast as 100 miles per hour. • Said that a lot of customers store their go-karts at his facility. His business maintains them and brings them to events for the customer. • Said that the races are located in numerous locations. This has become a real sub-culture with as many as 150 people racing at events. The races are governed by several organizations including IKF and WKA. There are rules in place that govern the engines and safety measures. • Said that his business also sells and services recreational karts, which are also known as yard karts. These are five to six feet long and between 48 and 50 inches Campbell Planning Commission Minutes for August 9, 2011 Page 4 wide and run with six horsepower engines. Very small karts, which are three feet by two feet, run on 2.5 to 4.5 horsepower engines. • Reiterated that they sell and maintain several types of karts. Most of the engines and parts for the karts are made in Italy. Chair Roseberry closed the Public Hearing for Agenda Item No. 1. Commissioner Reynolds said that this sounds like a fun activity and joked "where do I sign up?" Commissioner Brennan said that while this sounds like a slam dunk he does have two questions for staff. One, if the proposed hours are longer that anticipated does that make a difference in regards to the draft conditions of approval. Two, have the possible noise impacts to the non-conforming residence next door been considered. Chair Roseberry deferred these questions to the Director. Planner Daniel Fama said that condition 3-D allows operations between 9 a.m. and 6 p.m. daily. Director Kirk Heinrichs: • Pointed out that the conditions of approval for the operation of this business confines all activities to within the building. • Assured that staff has done as much as is possible to consider potential impacts. • Reminded that this is alight-Industrial area. Commissioner Brennan agreed that this is anon-factor given this proposed use. There should be no impact on the adjacent residence. Chair Roseberry said that the person living there is aware this is an industrial area. This is the right part of town for this business. Commissioner Resnikoff said that the noise conditions of approval can help deal with any noise issues that might come up. Director Kirk Heinrichs advised that the property owner of that residence was notified of this hearing and could have come if they had concerns. Commissioner Reynolds said that having businesses in operation for more days and hours is better for the area than having them closed down. Having people around helps provide security in the area. Chair Roseberry re-opened the Public Hearing for Agenda Item No.1. Mr. Don Durbin said his current San Jose location is within a small shopping center. That center has residences adjacent and across the street. They have never had any neighbor complaints or problems. Campbell Planning Commission Minutes for August 9, 2011 Page 5 Ms. Audrey Cordova, Campbell Resident: • Reported that she grew up in this area. • Agreed that noise from this business will not become a problem to the area. Commissioner Resnikoff agreed that this location is proper for this business. Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4029 approving a Conditional Use Permit (PLN2011-159) to allow the establishment of a go-kart/scooter vehicle service and repair facility (Cambrian Go Karts) in an existing commercial building on property owned by Burton Construction located at 599 E. McGlincy Lane, Suite A, by the following roll call vote: AYES: Alster, Brennan, Ebner, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Gibbons ABSTAIN: None Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar Days. *** Chair Roseberry read Agenda Item No. 2 into the record as follows: 2. PLN2011-137 Public Hearing to consider the application of Ms. Angela Pace Pace, A. for a Conditional Use Permit (PLN2011-137) to allow a change of use, late night activity and general on-sale alcohol sales associated with a new restaurant use (Blue Line Pizza) on property located at 415 E. Campbell Avenue, in the C-3 (Central Business District) 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: • Reported that the applicant is seeking a Conditional Use Permit to allow general on-sale liquor sales and a change of use to establish a new restaurant. • Described the location as being on the north side of East Campbell Avenue between Central Avenue and Ainsley Park. It is a 3,600 square foot space that most recently housed an art gallery. The adjacent tenant space is a 1,600 square foot toy store. There is an office on the second story above this space. Campbell Planning Commission Minutes for August 9, 2011 Page 6 • Explained that the change of use for a property included on the City's Historic Resources Inventory requires issuance of a Conditional Use Permit. The request was considered by the Historic Preservation Board. In July, the HPB held a hearing and was able to make the two required findings to support this change of use. The HPB forwarded a recommendation of approval to the Planning Commission. • Said that the proposed general on-sale liquor license and late operational hours were reviewed against the provisions of the Downtown Alcohol Policy. The floor plan demonstrates that this is primarily a restaurant with bar seating representing less than 25 percent of the available seating. There are nine bar seats. • Reported that the business hours will be from 11 a.m. to 10 p.m., Sunday through Thursday, and to 11 p.m., Friday and Saturday. The employees will be on site no later than midnight. • Advised that there are minor changes proposed to the exterior including replacement of one wood storefront with wood and replacement of one metal storefront with wood. • Said that previous uses of this site included a Post Office, multiple drug stores, and at one time a small grade school on the second floor. • Said that this is a reinforced masonry building. • Recommended the adoption of a resolution approving this Conditional Use Permit to establish a new restaurant use. Commissioner Ebner clarified that the restaurant would open at 11 a.m. and close to customers by 11 p.m. Staff would be on site cleaning up until midnight. Planner Steve Prosser said that was correct. He added that employees would begin work at 10 a.m. to prepare for opening at 11 a.m. Commissioner Resnikoff said that the late operational hours are simply needed to allow employees to work beyond 11 p.m. Planner Steve Prosser replied yes. He added that a Use Permit is also specifically required to allow for a change of use of a property that is included on the Historic Resource Inventory (HRI). Chair Roseberry opened the Public Hearing for Agenda Item No. 2. Commissioner Ebner asked staff to clarify the elimination of a rear door and window. Are those changes temporary or permanent? Planner Steve Prosser said the changes were temporary and would include the use of opaque glass in the window as seen from the outside and sheet rocking the rear doorway from the inside. In the future that door could once again be made operational Planning Manager Paul Kermoyan clarified that they are not permanently blocking off the doorway but rather are making it inoperable. Campbell Planning Commission Minutes for August 9, 2011 Page 7 Chair Roseberry closed the Public Hearing for Agenda Item No. 2. Commissioner Alster: • Said that she is real happy to get a tenant in that location. It is such a large space and the HPB has given its blessing. • Stated that this would be a nice addition to the Downtown. Planner Steve Prosser advised the Commission that there has been a minor miscommunication. He said that the applicant has told him that their employees would need to be on site as early as 8 a.m. to begin prep work for the day. He recommended that the condition of approval be modified accordingly. He added that this still represents standard operational hours. Motion: Upon motion of Commissioner Alster, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4030 approving a Conditional Use Permit (PLN2011-137) to allow a change of use, late night activity and general on-sale alcohol sales associated with a new restaurant use (Blue Line Pizza) on property located at 415 E. Campbell Avenue, modifying the allowed hours to begin at 8 a.m., by the following roll call vote: AYES: Alster, Brennan, Ebner, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Gibbons ABSTAIN: None 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 added the following updates to the written report: • Advised that Council has taken action to move forward with the annexation of Cambrian 36. • Added that the Planning Commission would consider the issues of pre-zoning and sphere of influence before the LAFCO annexation process. Chair Roseberry asked how long the annexation process would take. Director Kirk Heinrichs said that the process includes de-annexing a small sliver of San Jose and including that area with the unincorporated County pocket (Cambrian 36) area as part of the annexation into Campbell. Overall, it is an approximately 9 to 12- month process. Campbell Planning Commission Minutes for August 9, 2011 Page 8 ADJOURNMENT The Planning Commission meeting adjourned at 8:05 p.m. to the next Regular Planning Commission Meeting of August 23, 2011. SUBMITTED BY: ri Shinn, Recording Secretary APPROVED BY: Bob Roseberry, Chair ATTEST: / / "vl ,Secretary