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PC Min - 02/26/2013CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of February 26, 2013, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Reynolds and the following proceedings were had, to wit: FEBRUARY 26, 2013 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Philip C. Reynolds, Jr. Paul Resnikoff Brian Brennan Pam Finch Elizabeth Gibbons John Razumich Bob Roseberry Commissioners Absent: Staff Present: APPROVAL 01= MINUTES None Interim Community Development Director: Associate Planner: Associate Planner: City Attorney: Recording Secretary: Paul Kermoyan Steve Prosser Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Brennan, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of February 12, 2013, were approved. (6-0-0-1; Commissioner Razumich abstained) Campbell Planning Commission Minutes for February 26, 2013 Page 2 COMMUNICATIONS 1. Desk item for Agenda Item No. 1. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS *** Commissioner Razumich advised that he would recuse from Item 1 based on a professional coinflict in interest. He left the dais and chambers. Chair Reynolds read Agenda Item No. 1 into the record as follows: 1. PLN2012-255 Public Hearing to consider the application of Mr. Larry Schaadt Schaadt, L.. fora Conditional Use Permit (PLN2012-255) to allow the establishment of a new wine bar with food service (Regale Wine Bar) that includes beer and wine sales and late night operational hours (open to public until 11 p.m. with clean up to 12 a.m.) on property located at 400 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 Pros:>er, Associate Planner, presented the staff report as follows: • Reported tl-ie project site as being on the south side of E. Campbell Avenue between CE;ntral and Railway Avenues. It is a circa 1920s building originally constructed as Growers' National Bank. Most recently, it housed the Gaslighter Theater until 2005. The building is on a zero lot line. It is an internal tenant space with retail ors both sides. • Explained that the request is for a Conditional Use Permit to allow beer and wine sales for a riew wine bar. The use will include live entertainment that allows for up to four entertainers. • Said that the business would be open to the public until 10 p.m. Sunday through Wednesday and to 11 p.m. Thursday through Saturday, with clean up to midnight. • Described the floor plan as consisting of dining space and a bar on both the first and second floor; a waiting area at the front and a small retail area for sale of wine for off-site consumption. • Advised that one Commissioner has brought to staffs' attention an inconsistency regarding stated occupancy load. Campbell Planning Commission Minutes for February 26, 2013 Page 3 • Assured that based on all applicable codes, this use could house 239 seats and 17 employees 1'or a maximum of 256. • Added that plan sheet 1.5 will be modified to reflect the maximum occupancy as determined by the Commission this evening. • Said that the site is zoned C-3 (Central Business District) and the General Plan Land Use designation is Central Business. This proposal is consistent with both. • Added that the Downtown Campbell Alcohol Policy (DCAP) allows wine bars with service to 11 p.m. pursuant to issuance of a Conditional Use Permit. Therefore this use is compliant with the DCAP. • Stated that while no food service is required, this business will offer food pairings and small plate service. • Said that there would be no general alcohol sales either now or in the future based on the alcohol license that will be issued by ABC. • Advised than the parking requirement is met. • Reminded thhat most recently an application was approved for an Ultra Lounge at this location that would have increased occupancy by 50. Therefore, for that use a condition was added requiring provision of valet parking services. However, that business was never actually opened. • Said that the proposed occupancy for this new wine bar is equal to the occupancy that the most actual recent use of the site was allowed, which was the Gaslighter Theater. • Reiterated that the site is adequate for the proposed use. There is sufficient street capacity. I~t is compatible with the other downtown uses. With issuance of a Conditional Use Permit it can be found to not be detrimental to the health, safety and welfare of the community. There is not an over concentration. This will be the second winE; bar within downtown. With its business hours to 10 p.m. and 11 p.m., this use will not create a nuisance. • Informed that the applicant provided an acoustical study that determined that there would be no impact on the surrounding neighborhood based on no more than four performers and music ending by 10 p.m. • Recommended that the Commission adopt a resolution approving this use. • Reminded that there was a desk item distributed that including additional letters of support. In all there were eight letters received, seven of which were in support of this application and one in opposition. Commissioner Resnikoff asked if the parking exception aspect has been removed because it has Keen determined there is no longer a need for one. Planner Steve Prosser replied yes. He advised that this application has the same parking demand as the most recent use and there is no intensification. Commissioner Gibbons verified with staff that this use is a wine bar rather than a restaurant or liquor establishment. Planner Steve Prosser replied yes. Campbell Planning Commission Minutes for February 26, 2013 Page 4 Commissioner Gibbons asked if the applicant/leaseholder is required to secure a special liquor license for that designation. Planner Steve Prosser said that the liquor license is similar to beer and wine with food. Commissioner Gibbons asked if based on this particular ownership they would have a different liquor license than a traditional liquor license. Planner Steve Prosser said it was a Type 42. Commissioner Gibbons: Stated that it is important to note that this Use Permit runs with the land and not the specific busiiness. Pointed out that a typical wine bar has a Type 42 (beer and wine) license while this location would secure a Type 41. Planner Steve Prosser agreed. Commissioner Gibbons advised that if someone else were to come in to take over this location, that tenant would have to go for a Type 42 license. Planner Steve Prosser said whatever ABC would issue based on our conditions. Commissioner Gibbons asked if the use would require a new Conditional Use Permit if the type of liquor license must be changed with a change in ownership of the business. Planner Steve Prosser replied yes. Commissioner Gibbons said that the live entertainment component has been clarified and that the business owner's business plan will also be referenced in the conditions of approval. Planner Steve Prosser agreed and said that per Condition 1 the project will be in "compliance with the project plans and submitted business plan." Commissioner c;ibbons verified that Plan Sheet A1.5 would be withdrawn. Planner Steve Prosser replied yes. Commissioner c;ibbons: • Added that Plan Sheet A1.0 would be modified. Said that the live entertainment would be limited to no more than three or four musicians. There would be no loud or large bands on site. Admitted th~-t she originally had a different understanding of what live entertainment might include. Campbell Planning Commission Minutes for February 26, 2013 Page 5 Planner Steve Prosser: • Explained that with issuance of a Live Entertainment Permit a restaurant with a beer and wine license can have limited live entertainment. • Added that for other types of uses and for those seeking more musicians a Conditional Use Permit is also required, which runs with the land. • Explained that once the inclusion of live entertainment is allowed through a Conditional Use Permit the applicant must next process a Live Entertainment Permit through the Police Department that will be approved by Council. • Added that the Police Department issued Live Entertainment Permit is not transferable to future owners. It is operator specific. Commissioner Roseberry asked if the ABC license is based on the Commission's conditions of approval. Planner Steve Prosser: • Said that AE3C will restrict per the conditions of approval imposed by the City. • Added that city review is part of ABC's application process. • Reported that he and Director Kermoyan had met with ABC staff. ABC expressed their desire to incorporate our conditions of approval into their documents as a means of enforcement. City Attorney William Seligmann said this pertains to existing uses. Planner Steve Prosser added that there is one shot to impose conditions on a new use unless there is .a reason to revoke. Commissioner (Roseberry: • Asked staff 'to clarify what entitlements run with the land. • Said that it appears the Live Entertainment Permit does not but the proposed business plan does. • Said that the Use Permit would come back for any modifications or for an entirely new CUP if a new owner wants to change the liquor licensing. Director Paul Kermoyan: • Explained tt'iat the Live Entertainment process is segmented. • Said that through the Conditional Use Permit process the specific use of the site is determined. • Stated that following that approval, the new owner must apply through the Police Department for their Live Entertainment Permit. • Advised than the PD review process includes background checks. • Stated that the Live Entertainment Permit then goes before Council in a separate public review. • Added that the concept is that this particular live entertainment aspect will just be an ancillary component to this particular Use Permit. Commissioner Roseberry clarified that the applicant must process a second separate application to alpprove their actual Live Entertainment Permit. Campbell Planning Commission Minutes for February 26, 2013 Page 6 Director Paul Kermoyan reiterated that they would secure a separate approval to enact their ability to innplement live entertainment. Planner Steve (Prosser explained that as a part of the Conditional Use Permit process the Commission can set the parameters of the Live Entertainment Permit including allowable hour~~ for entertainment. Commissioner Gibbons said that is why she had asked if the business plan would be incorporated intro the conditions. Commissioner Resnikoff asked staff to confirm if the business plan would be incorporated. Planner Steve Prosser said yes, the business plan would be referenced in the conditions. He added that any outdoor seating components have been eliminated from the proposal. Commissioner (Resnikoff: • Clarified that any future changes to the use, including the addition of patio seating, would bring this Use Permit back to the Planning Commission. • Added that any one change would also put all existing conditions back on the table for consideration. • Said that would require caution on the part of the applicant in seeking change as every incremental change opens it up again. Planner Steve Prosser agreed that any substantial changes would be brought forward. Director Paul Kermoyan: • Pointed out that some Commission approvals, such as a Site and Architectural Review Permit, once it's built, it's done. • Added that i~or Conditional Use Permits, there is always the ability to monitor a use through imposed conditions. Those conditions provide an appropriate safeguard. • Said that if a use becomes a nuisance, it can always be brought back to the Planning Commission. Commissioner 13rennan: • Pointed out that this location is four or five times larger than the site reviewed recently for 'Tigelleria. • Added that since the parking requirement was established for this site (400 E. Campbell Avenue) for its use as a theatre there have been context changes since it ceased operation as a theatre in 2005. Planner Steve Prosser: • Advised that in 2004, the Gaslighter came back fora modification to their occupancy as they had experienced an increase in demand to have concerts on site. Campbell Planning Commission Minutes for February 26, 2013 Page 7 • Said that the Planning Commission wanted to establish a total occupancy and set 256 as they total number of employees, patrons and security on site. The occupancy could not exceed 256. Very specific conditions were imposed. Commissioner Brennan asked if any feedback has been received from the merchants in that part of tree downtown. Planner Steve Prosser said nothing else was received other than the emails distributed. Commissioner Brennan asked if the valet parking requirement was imposed on the Motion Lounge in order to exceed that 256 occupancy. Planner Steve Prosser: • Said that thE: requirement for valet parking was a mitigation measure to resolve that proposed increase in intensity. • Advised that staff had recommended the provision of valet service at the front of the nightclub and the use of the First Street Parking Garage for the parking of patrons' vehicles. Commissioner Brennan opined that 256 is a lot of people and vehicles. Commissioner Finch admitted that she had the same questions about parking. She asked how oftein parking in the downtown has been looked at since 2004. Planner Steve IProsser advised that a citywide parking standards update was done in 2010. Commissioner finch asked about the overall occupancy of the downtown. Director Paul Kermoyan: • Reported that the City hired an internationally known parking consultant to prepare a 2000 Parking Study that took into consideration the build-out of the downtown. • Added that the study was based on both actual uses and potential uses. • Said that thE; study reached the conclusion that 300 additional stalls were needed. • Informed th<~t that was the basis for the City to build the new parking garage with 300 spaces. • Admitted that the study took into consideration the maximizing of possible uses but some of the assumptions of that study may have changed since then. • Pointed out that there is a surplus of parking including in the First Street garage. • Reiterated thhat it is not a matter of supply of parking but rather of convenience in the proximifi~ of parking. • Said that staff would look at the mix of uses including associated parking in the near future. Chair Reynolds opened the Public Hearing for Agenda Item No. 1. Campbell Planning Commission Minutes for February 26, 2013 Page 8 Barry Shilman, Resident on Third Street: • Stated that he is wholeheartedly in support of this application. • Said that this proposal makes sense for the downtown. • Suggested that this business may be transformative for the downtown. • Added that he is pleased that Larry Schaadt is here. Ed Sengstack, Resident on First Street: • Thanked thE; Commission for their thoughtful questions. • Said that there's nothing not to like with this proposal. • Pointed out that he had been opposed to other proposed uses for this location in the past. • Added that he and his wife are "thrilled" to support this proposal 100 percent. • Reported that they had the opportunity to attend an Open House on site and found Mr. Schaadt; to be passionate and forthright about his intentions for this location. • Said that he hopes the Planning Commission approves this Use Permit. • Welcomed Regale Wine Bar to the downtown. Sally Howe, Representative from the DCBA: • Reported thiat this business owner (Larry Schaadt) came to the last Downtown Campbell B~,asiness Association meeting. • Added that he was very warmly received by DCBA. • Advised th~rt this business is one that the DCBA wants to see come to the downtown. Larry Schaadt, .Applicant and business owner, Regale Wine Bar: • Explained thiat his ABC license would be a Type 41 due to a rule of ABC. • Said that anyone else coming forth for this business at this site would secure a Type 42 license. • Added that as he already operates his winery under a Type 02 ABC license as a producer, he can't also secure either a Type 42 or 47 ABC license. He can only secure a Tyhe 41. • Said that his. winery produces high-end wines. • Stated that they want to close the winery to just members but still want exposure for their wines and winery in the Valley. • Assured that this business would do extremely well both for his wines as well as due to this magnificent building they will occupy. • Described that this will be a very cosmopolitan and upscale wine bar. • Pointed out that nothing good happens after 11 p.m. so there is no reason for them to stay open later than that. • Added that t;he music will be located only in one small area of the establishment. It adds a nice feel and will consist of live jazz. • Said he has self-imposed a limitation of the live music to no later than 10 p.m. • Reiterated that their only intention is to showcase their winery. • Promised that they would be a great help to the downtown and will draw a great clientele to the downtown. Campbell Planning Commission Minutes for February 26, 2013 Page 9 • Pointed out that a lot of their clients may be patrons who have reservations at the downtown restaurants that stop by before or after their dinner reservation. • Said he hopes to be well received. Commissioner Resnikoff said he loves the fact that this owner asked for 11 p.m. closing and not later than that. Commissioner Gibbons: • Agreed with Commissioner Resnikoff. • Said that shie loves "arcane" laws such as this ABC limitation in this circumstance to a Type ~'i1 license. That limitation offers a little extra leverage for any future operators of this site. • Commended staff and the applicant for this plan. • Admitted that her questions have more to do with unintended consequences. • Reminded that a Conditional Use Permit goes with the land. • Questioned the expectation of 238 seats. Larry Schaadt: • Said not always. Perhaps on Thursday, Friday or Saturday nights. • Said that this will be a nice place for Campbell residents to hang out. • Assured that it would be the nicest wine bar in the Bay Area. Commissioner Gibbons: • Cautioned aigainst having an additional 238 people in downtown drinking with little food. • Admitted th<~t she is struggling with that number of people. • Added that there are good opportunities to control and change that number down the line if necessary. • Stated that overall this is a great proposal. Larry Schaadt: • Said that thE;y are a victim of the space itself. • Added that iie does not think that occupancy number will be an issue. • Pointed out that there will likely be a number of nights when they won't even use the second 1~loor. • Said that they may look into allowing private groups to use the upstairs for meetings. • Advised thair this is not an inexpensive project to undertake. Chair Reynolds closed the Public Hearing for Agenda Item No. 1. Commissioner I~oseberry: • Said that this is a great project to look at. • Admitted that it has gone through an evolutionary process in his mind. • Said that he had thought it might not go over well in the downtown. • Stated that one possible issue was that the Use Permit goes with the land but that issue has bE;en addressed pretty well. Campbell Planning Commission Minutes for February 26, 2013 Page 10 • Said that in playing Devil's Advocate, what if this is a back door "wolf in sheep's clothing" way of creeping the use of this site into that a bar. • Stated that he looked at it with skeptical eyes. • Added that he had an issue with the size. Not the number of people but the business plan. • Informed th<~t he has been up to the Regale Winery. It's a gorgeous spot. • Stated that the has little concern about its success. However, if it goes to a different owner, it must be considered what issues might come up. • Concluded ghat he is in favor of this Use Permit. Commissioner IResnikoff; • Said that this is an excellent use of this site. • Added that he thinks this is the model of a good application. • Stated that ^the applicant's outreach is exactly how it should be done. It resolves a lot of problems. • Said that the fact that this applicant is asking for 11 p.m. closure over midnight and 10 p.m. conclusion of live entertainment activities shows that this is not a "woof in sheep's clothing." If it was, he would have asked for midnight and 11 p.m. respectively. • Stated that 1:his use will fit in well in the downtown. • Admitted that he is less concerned now. • Reminded that the conditions of approval allow this Use Permit to be brought back if there are verifiable complaints. That covers many of the concerns that he had. • Suggested that the Commission shouldn't force any floor plan changes. • Pointed out that a solid noise study was prepared. • Said that hE: likes the fact that the Police Department is supportive and approves this proposal. • Reminded thhat the question about possible need for Use Permit changes means that this UsE; Permit would come back to the Planning Commission. That in itself is an incentivE; for this operator to do everything right under its current approved conditions. • Said that thE; applicant and nearby neighbors have spoken tonight in support. • Stated that he loves this project and will support it. Commissioner ~~ibbons: • Said that it has been nice to hear the Commissioners' comments that reflect the experience and learning each member has gone through while serving on this Commission. • Admitted that the number of occupants is still of concern to her but she can make a best judgment and go with it. • Reiterated that parking demand is different today than it was in 2000 or even 2005. • Stated that there are a few challenges here. • Suggested requiring that the modified plans be provided to the Community Development Director for confirmation that they comply fully with the conditions of approval. • Added that Health Department or ADA requirements may also change things on the plans includling exterior things, trash enclosures, grease traps, cleanouts, etc. Campbell Planning Commission Minutes for February 26, 2013 Page 11 • Pointed oui: that nothing has been mentioned by staff about the provision of additional security. • Admitted that between the archaic liquor license limitation and the specific plans there are quiite a few safeguards for the community. Planner Steve Prosser clarified that there was no condition recommended by the Police Department. It usually comes up when operations go past 11 p.m. Commissioner Gibbons reiterated that if problems come up the Director can required a review and additional conditions can be imposed. Planner Steve IProsser pointed out that the age of patrons is restricted to over 21. He agreed that it would be appropriate to condition that if problems come up the Director can implement security. Commissioner Resnikoff asked if the requirement for security is typically initiated by the Police Department. Planner Steve Prosser said that it is not a standard condition to require private security. He added that staff always requests review and input from the Police Department for such applications. Commissioner Resnikoff agreed that if the Police Department thought this was an issue they would require such private security. Commissioner Gibbons cautioned that the Police Department may have missed the proposed occupancy request and simply considered the hours of operation. Commissioner Brennan: • Said that thE;re are reasons that this location has stayed dormant for so long. • Stated that he thinks this will be a game changer. • Pointed out that there is risk both for the applicant and for the community. There could be a down side. • Opined that projects in the downtown going forward will now be looked at through the lens of this project being in place. It will be interesting to see how we manage it. • Reminded that the neighbors and nearby businesses are supportive. Commissioner Gibbons: • Agreed with Commissioner Brennan. • Added that this is a risk mostly for the applicant but also for the community. • Said that the risks have pretty nicely been identified and controlled. They include the occupancy (number of people) and the available parking. The backup plan is private security. Commissioner Resnikoff: • Agreed that concerns are not just alcohol but also parking and number of people. Campbell Planning Commission Minutes for February 26, 2013 Page 12 • Said that he has faith in the Police Department's review and recommendations. • Stated that while this business could set some precedent, there are not many buildings th<~t could fit this number of people in the downtown so there is not a path where this wrill come up repeatedly. • Added that the Commission will not have to come to the same conclusion every time. Commissioner Brennan said those points are well taken. Commissioner 1=inch: • Expressed agreement with the other Commissioners. • Said the only way to avoid any risk is to leave the building empty. • Pointed out that the applicant has placed limitations on himself. • Stated that :>ome business is needed on this site. • Said that she is all in favor of this request. Commissioner Gibbons said that lots of different uses other than this one could go there. Commissioner IFinch agreed but pointed out that the community has been waiting for a long time to seE: someone here. Commissioner I~esnikoff: • Reiterated that either the Community Development Director or the Police Chief can close this business if it generates complaints. • Said this buisiness will not be a bad thing but rather would be positive addition to the downto~nrn. • Agreed that everything has some element of risk. Chair Reynolds: • Thanked Larry Schaadt for a wonderful application. • Admitted that Larry Schaadt's outreach efforts carry a lot of weight for him. • Added that a lot of time and thought went into this application. • Stated that he would support this project. • Pointed out that in the one letter in opposition that was received a valid point was made. That point was the need for family friendly establishments. He agrees. • Said that Campbell is becoming a younger demographic and there will be more demand for family entertainment in the area. • Cautioned that the City itself doesn't bring applications forward but rather business owners do. • Reiterated that this is a great application and that he will be supportive. Commissioner Brennan: • Said that he is thrilled with this project and thinks it is very exciting for the downtown. • Stated his appreciation for the risk that Larry Schaadt is taking on. Campbell Planning Commission Minutes for February 26, 2013 Page 13 Motion: Upon motion of Commissioner Brennan, seconded by Commissioner Resnikoff, the Planning Commission adopted Resolution No. 4094 approving a Conditional Use Permit (PLN2012-255) to allow the establishment of a new wine bar with food service (Regale Wine Bar) that includes beer and wine sales and late night operational hours (open to public until 11 p.m. with clean up to 12 a.m.) with the following additions to the conditions of approval: 1. Add Condition 4(b) as follows: "Sheet A1.5 shall be revised to be consistent with the proposed building occupancy and with the remaining plan set pages with a maximum occupancy of 239;" 2. Add Condition 6(s) as follows: "Security: If the use generates disturbances that in the opinion of the Police Department security is required, the applicant shall provide private security to the satisfaction of the Police Chief." on property located at 400 E. Campbell Avenue, by the following roll call vote: AYES: Brennan, Finch, Gibbons, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: None ABSTAIN: Razumich Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Commissioner Razumich returned to the chambers and dais upon the completion of Item 1. *** Chair Reynolds read Agenda Item No. 2 into the record as follows: 2. PLN2012-1163 Public Hearing to consider the City-initiated Text City Amendment (PLN2012-163) to modify the Inclusionary Housing Ordinance to comply with recent case law. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: March 19, 2013. Project Planner: Daniel Fama, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report as follows: • Advised that in 2006 the City adopted an Inclusionary Housing Ordinance requiring new projects with 15 or more units to provide 15% of those units as affordable. • Said that in 2009, the California Court of Appeals found that this provision was in violation in relation to rental units. Campbell Planning Commission Minutes for February 26, 2013 Page 14 • Stated that cities have been modifying their Ordinances and/or imposing impact fees in lieu of this provision as it applies to the development of rental unit projects with more than 15 units. • Added that if a developer chooses to voluntarily include affordable units there are modifications to the Density Bonus Section. • Informed th<~t this modification does not pertain to redevelopment project areas. • Explained that there are three required findings including consistency with the General Plan; that the proposal is not detrimental to the health, safety and welfare of the community; and that it is consistent with other elements of the Zoning Code. • Recommended the adoption of a resolution recommending that Council adopt this ordinance. Commissioner Gibbons said that this amendment makes sense except the changes to the Density Bonus Ordinance. They are no longer applicable. City Attorney William Seligmann said that when getting an increase in density affordable units can be required. Commissioner Gibbons said it comes across that the Density Bonus changes don't apply. Director Paul HCermoyan said that the Density Bonus Ordinance requires affordable units. Commissioner Gibbons cautioned that it appears that more is being taken out than is necessary. City Attorney V'Villiam Seligmann said there may have been confusion between staff and him. He suggested a continuance for a month to get this confusion squared away. Commissioner I~azumich: • Pointed out that for 80/20 projects there are State financing options available that differ from tF~e Density Bonuses offered by a City. • Said he reacts the draft changes the same way as Commissioner Gibbons. Commissioner Brennan asked if staff can provide examples of how other municipalities have handled this update process. Planner Daniel Fama: • Reported that the update is being handled in two ways. One is to modify existing ordinances. Another is to establish an impact fee of between $10,000 and $20,000 per unit and use those funds to facilitate affordable housing. • Said that Campbell's decision was to modify its ordinance. Commissioner E3rennan: • Advised that he has learned that there may be a change happening in this law in the near future. Campbell Planning Commission Minutes for February 26, 2013 Page 15 • Asked if there is an option to suspend this update until such time that occurs. • Suggested doing something on a temporary basis right now and see how the Legislature is going to act rather than a permanent change. City Attorney V1~~illiam Seligmann: • Said that is the approach Campbell has done over the last four years, which is a non-enforcement stance. • Added that he does not know how optimistic anyone can be that the State Legislature is going to change anything. Over the last three years there has been no cause foir such optimism. Commissioner Resnikoff suggested that if the Density Bonus triggers exceptions instead of striking Section 21.24 (e) perhaps add text to read "if a density bonus is awarded." City Attorney Vliilliam Seligmann said he would appreciate additional time to look into it and be sure. Commissioner Reynolds said it appears that a continuance in is order to allow legal clarifications. I-le asked for a motion for a continuance. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission continued to a date uncertain the consideration of a Text Amendment (PLN2012-163) to modify the Inclusionary Housing Ordinance to comply with recent case law, by the following roll call vote: AYES: Brennan, Finch, Gibbons, Razumich, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: None ABSTAIN: None *** REPORT OF TIRE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan: • Advised that at its last meeting the City Council approved the distribution of the RFP for the Dell Avenue Area Plan. That RFP has been distributed and staff hopes to begin receiving proposals in the near future. • Reminded that Council would conduct a study session at 5:30 p.m. on March 5th to discuss the mix of uses in the downtown. As a large group is anticipated, this meeting will be held in Council Chambers. Campbell Planning Commission Minutes for February 26, 2013 Page 16 ADJOURNMENT The Planning Commission meeting adjourned at 8:53 p.m. to the next Regular Planning Commission Meeting of March 12, 2013. SUBMITTED BY: orinne hinn, Recording Secretary APPROVED B`~: ~~'-,~ 7 ~,j .~` Philip C. Re olds, Jr., it ATTEST: Paul`Ker4~oyan, Secretary