CITY OF CAMPBELL PLANNING COMMISSION

CITY OF CAMPBELL PLANNING COMMISSION

CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY NOVEMBER 13, 2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of Nove...

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CITY OF CAMPBELL PLANNING COMMISSION MINUTES

7:30 P.M.

TUESDAY NOVEMBER 13, 2007 CITY HALL COUNCIL CHAMBERS

The Planning Commission meeting of November 13, 2007, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Rocha and the following proceedings were had, to wit: ROLL CALL Commissioners Present:

Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner:

Michael Rocha Bob Roseberry Bob Alderete George Doorley Mark Ebner Gary Gairaud Elizabeth Gibbons (Arrived 7:44 p.m.)

Commissioners Absent:

None

Staff Present:

Acting Director: Planer II: City Attorney: Recording Secretary:

Jackie C. Young Lind Kim Brosseau William Seligmann Corinne A. Shinn

APPROVAL OF MINUTES Motion:

Upon motion of Commissioner Doorley, seconded by Commissioner Roseberry, the Planning Commission minutes of the meeting of October 23, 2007, were approved. (4-0-1-2; Commissioner Gibbons arrived after the vote and Commissioners Doorley and Gairaud abstained)

COMMUNICATIONS There were no communications items.

Campbell Planning Commission Minutes for November 13, 2007

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ORAL REQUESTS There were no oral requests. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. *** PUBLIC HEARINGS Chair Rocha read Agenda Item No. 1 into the record as follows: 1.

PLN2007-144 DeRyke, S.

Public Hearing to consider the application of Ms. Sandy DeRyke, on behalf of Myofascial Therapy Center, for a Conditional Use Permit (PLN2007-144) to allow a medical use (physical therapy center) with health-related classes on property owned by Pefferle Hamilton Enterprises, LLC, located at 201 E. Hamilton Avenue in 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: Kimberly A. Brosseau, Planner II

Ms. Kimberly A. Brosseau, Planner II, presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit to establish a medical use within an existing building. • Said that this use conforms to the C-2 Zoning. • Added that any signage would be handled separately and that existing illegal sheds will need to be removed as a condition of approval. • Recommended that this project be found to be Categorically Exempt under CEQA and that the Commission adopt a resolution approving this Conditional Use Permit. • Said that the applicant is available. Commissioner Alderete asked staff if they could explain how the types of massage therapy uses are discerned. Is there a legal definition in the Zoning Code? He said that it appears in this case that massage is part of physical therapy. Planner Kimberly A. Brosseau: • Explained that Conditional Use Permits are required for medical services, clinics and outpatient medical services. • Added that the applicant’s description is of a physical therapy facility. Massage is incidental to the provision of physical therapy. • Said that strictly massage establishments require a Conditional Use Permit specifically for that use.

Campbell Planning Commission Minutes for November 13, 2007

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Chair Rocha: • Pointed out that per the applicant’s letter there will be six full-time employees. • Added that there are only eight parking spaces and no available street parking. • Said that there is no reciprocal parking agreement with the site to the west. Planner Kimberly A. Brosseau said that the staff is not always on site at the same time but she would defer to the applicant to discuss their operations. She added that eight spaces are required but 10 are provided. Chair Rocha opened the Public Hearing for Agenda Item No. 1. Mr. Jim Morelan, Project Architect and Applicant’s Representative: • Explained that his clients are on vacation and he is here to represent them along with two members of their staff. • Said that he was the architect for the previous owner who remodeled the building but never moved in. Instead he is selling the building to his clients. • Said that this previous owner owns the sheds and will remove them from the property. • Said that he has no objection to the conditions of approval. Chair Rocha asked what would happen to the existing driveway that joins this property to the adjacent one. Mr. Jim Morelan: • Explained that this driveway was created by the previous owner who owned both parcels. • Stated that there is no legal easement or requirement to maintain that driveway and nothing prevents it from being closed off. Doing so will allow the provision of two more parking spaces. • Added that this driveway was used by some as a means of access to Hamilton with the ability to make a left turn. Commissioner Gibbons arrived at 8:44 p.m. Chair Rocha closed the Public Hearing for Agenda Item No. 1. Motion:

Upon motion of Commissioner Roseberry, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3852 approving a Conditional Use Permit (PLN2007-144) to allow a medical use (physical therapy center) with health-related classes on property owned by Pefferle Hamilton Enterprises, LLC, located at 201 E. Hamilton Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Rocha and Roseberry NOES: None

Campbell Planning Commission Minutes for November 13, 2007

ABSENT: ABSTAIN:

Page 4

None Gibbons

Chair Rocha advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Rocha read Agenda Item No. 2 into the record as follows: 2.

PLN2007-147 Hardin, S.

Public Hearing to consider the application of Mr. Steve Hardin, on behalf of Hawg’s Seafood Bar, for a Conditional Use Permit (PLN2007-147) to allow a general on-sale liquor license in conjunction with an existing restaurant (Hawg’s Seafood Bar) on property owned by Kirkorian Family Partnership located at 1700 W. Campbell Avenue in C-1-S (Neighborhood 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: Kimberly A. Brosseau, Planner II

Ms. Kimberly A. Brosseau, Planner II, presented the staff report as follows: • Explained that the applicant is seeking approval of a Conditional Use Permit to allow general on-sale liquor sales in conjunction with an existing restaurant (Hawg’s Seafood Bar). • Said that this use conforms to the C-1 Zoning and General Plan Land Use designation of Neighborhood Commercial. • Advised that any signage request would be handled separately. • Stated that SARC did not review this proposal as there were no exterior changes proposed. • Recommended that the Commission find this project to be Categorically Exempt under CEQA and adopt a resolution approving this Use Permit. • Added that the applicant is available for any questions. Chair Rocha opened the Public Hearing for Agenda Item No. 2. Mr. Steve Hardin, Applicant and Business Owner, Hawg’s Seafood Bar: • Said that he is the owner/operator of Hawg’s for the last 11 years. • Assured that this is not a nightclub but that he wants to add to what is already being served with full bar service. • Stated that this will improve his business as a full bar is expected these days. People want martinis nowadays. • Said he hopes the Commission will approve his request and that he is available for any questions.

Campbell Planning Commission Minutes for November 13, 2007

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Chair Rocha asked Mr. Steve Hardin if his operational hours would be changing. Mr. Steve Hardin replied that his business now operates to 11 p.m. and he is not proposing any change to that. He doesn’t want to be there any later. Chair Rocha asked about how cocktails would be monitored for those customers seated outside. Mr. Steve Hardin said that the black tables are his and the other tables belong to Capers. Chair Rocha closed the Public Hearing for Agenda Item No. 2. Motion:

Upon motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3853 approving a Conditional Use Permit (PLN2007147) to allow a general on-sale liquor license in conjunction with an existing restaurant (Hawg’s Seafood Bar) on property owned by Kirkorian Family Partnership located at 1700 W. Campbell Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None

Chair Rocha advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Rocha read Agenda Item No. 3 into the record as follows: 3.

PLN2007-156 Campbell, D.

Public Hearing to consider the application of Mr. Don Campbell for a Modification (PLN2007-156) to a previously approved Site and Architectural Review Permit (S 89-11) removing a condition of approval requiring the recordation of a covenant obligation on property owned by Don and Lynda Campbell located at 2065 S. Winchester Boulevard 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: Jackie C. Young Lind, Acting Director

Campbell Planning Commission Minutes for November 13, 2007

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Ms. Jackie C. Young Lind, Acting Director, presented the staff report as follows: • Said that in 1989 the Planning Commission granted a Site and Architectural Review Permit for a two-story office building. • Added that a condition was imposed requiring the potential for an ingress-egress easement to be installed some time in the future at the request of the City. • Explained that the adjacent parcel is one of the six parcels that comprise the Merrill Gardens project, which will be considered by Council on the November 20, 2007. • Said that this property owner is requesting the removal of that condition of approval at this time as he feels that it is devaluing his property as he tries to sell it upon his pending retirement. • Recommended that the Commission modify the previous approval (S 89-11). Commissioner Doorley asked why this could not wait until final action is taken on the Merrill Gardens project. Why now? Acting Director Jackie C. Young Lind: • Said that it is just where it fell on the schedule. • Pointed out that a formal agreement was never created. • Said that the condition gave the option to require this access at the City’s discretion. • Added that this property owner states this is clouding the title and potential sale of his property. Commissioner Alderete asked Acting Director Jackie C. Young Lind if her recommendation would be the same regardless of what happens with the Merrill Gardens project at Council. Acting Director Jackie C. Young Lind replied yes, it would be the same. She added that the larger project (Merrill Gardens) could perhaps unfairly benefit from this easement on this small parcel. Commissioner Gibbons: • Said that this is an issue of parcelization/consolidation. • Pointed out that cities look for opportunities to share ingress/egress. • Stated that there could have been a driveway between parcels 54 and 53 but instead the Merrill Gardens project has a drive in the middle of their parcel. • Said that this small parcel becomes its own hanger on. • Stressed the need for these easement agreements and encouraged staff to require them in the future as there is a value to having them. • Stated that this is perhaps an opportunity lost. Chair Rocha asked for verification that there is no easement demarked. Acting Director Jackie C. Young Lind: • Replied no.

Campbell Planning Commission Minutes for November 13, 2007 •



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Added that she agrees with Commissioner Gibbons on the values of easement agreements and pointed out that the Salmar townhome project has been left open to the possibility of having a rear drive opened up to the adjacent parcel upon future development. State that this can be a good tool but not in this case with the very large consolidated project proposed for the six parcels adjacent to the subject property.

Commissioner Gibbons: • Said that Acting Director Jackie C. Young Lind has hit the nail on the head. • Added that this parcel is now a straggler although it had the opportunity not to be left there. It ended up less desirable now in the future with limitations. • Stated that is was unfortunate that it was not able to be added to the Merrill Gardens project. Acting Director Jackie C. Young Lind asked Commissioner Gibbons if she means it should have been incorporated in the Merrill Gardens site. Commissioner Gibbons said that it would have been more beneficial if it had been included. Chair Rocha opened the Public Hearing for Agenda Item No. 3. Chair Rocha closed the Public Hearing for Agenda Item No. 3. Commissioner Doorley: • Agreed that if Merrill Gardens is approved by Council, this condition for an access easement needs to go away. • Questioned the wisdom in deciding this until Council votes on Merrill Gardens. • Recommended a continuance for two weeks in case Council does not approve the Merrill Gardens project. • Said there is no reason why two weeks makes much of a difference to this owner. Acting Director Jackie C. Young Lind: • Reported that she had asked the applicant for Merrill Gardens if they were willing to provide a letter indicating that they had no interest in this access. They were not willing to do so until after their approval. • Said that it is not clear if they have a legal right to press for that easement. City Attorney William Seligmann said no, the language is clear that the City would need to implement the recording of this easement. That fact is also clear in the document recorded. The condition is fairly clear that the standard must be that such an easement is “in the public interest.” This standard would be determined by Council. Commissioner Doorley said that in two weeks he would be glad to make the motion to remove this condition but right now he prefers a two-week continuance.

Campbell Planning Commission Minutes for November 13, 2007

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Commissioner Gibbons: • Agreed with Commissioner Doorley. • Said that this issue really is moot as a related easement was not obliged through the Merrill Gardens project so it won’t work. Commissioner Doorley reminded that if Merrill Gardens doesn’t pass the access might remain possible. Chair Rocha said that Merrill Gardens has nothing to lose by having this easement there but the City would have to initiate the access. He added that he has no strong opinion on this one way or the other. Commissioner Ebner said that he is willing to entertain a two-week continuance as that would not hurt this owner. Chair Rocha re-opened the Public Hearing for Agenda Item No. 3. Mr. Don Campbell, Owner/Applicant, 2065 S. Winchester Boulevard: • Said that he has been in business in Campbell for 32 years. • Added that he has been active with the Chamber of Commerce and is a Past President of the Rotary Club. • Expressed concerns about the potential ingress/egress access as it pertains to safety. • Explained that he would have to remove a fence and landscaping to create the easement. • Said that there are 11 parking spaces under cover of the building. Two cars cannot pass on that drive. It would be hazardous to bring cars onto the site from next door. • Reported that there is a bus stop out front that blocks the driveway. • Stated that this requirement does not make any sense. Commissioner Gibbons asked Mr. Don Campbell if his parcel uses the other parcels (Merrill Garden parcels) to exit. Mr. Don Campbell replied no. Motion:

Upon motion of Commissioner Doorley, seconded by Commissioner Alderete, the Planning Commission CONTINUED TO ITS MEETING OF NOVEMBER 27, 2007, a request for a Modification (PLN2007-156) to a previously approved Site and Architectural Review Permit (S 85-02) removing a condition of approval requiring the recordation of a covenant obligation on property owned by Don and Lynda Campbell located at 2065 S. Winchester Boulevard, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry

Campbell Planning Commission Minutes for November 13, 2007

NOES: ABSENT: ABSTAIN:

Page 9

None None None

Chair Rocha advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Jackie C. Young Lind, Acting Director, was accepted as presented with the following additions: • Reported that Council conducted a Study Session on the Density Bonus Ordinance and was supportive of the Planning Commission recommendations. • Said that at its meeting on November 6th, Council took second reading on the Ordinance for Late Uses in PD Zoning; approved the Planned Development at 1161 Virginia Avenue; approved the Modification to the project at 680-750 E. McGlincy Lane for a two-year extension and creation of two owners’ associations; took first reading of an amendment to the CMC for parking on unpaved surfaces and took first reading of an Ordinance adopting updates to Building and Fire Codes. • Reported that the Planning Commission would have three items on its next agenda. • Introduced newly appointed Commissioner, Gary Gairaud. ADJOURNMENT The Planning Commission meeting adjourned at 8:22 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of November 27, 2007.

SUBMITTED BY:

______________________________________ Corinne A. Shinn, Recording Secretary

APPROVED BY:

______________________________________ Michael Rocha, Chair

ATTEST:

______________________________________ Jackie C. Young Lind, Acting Secretary