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PC Min - 01/28/2014CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JANUARY 28, 2014 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of January 28, 2014, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Resnikoff and the following proceedings were had, to wit: Rni i ~ni i Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Commissioners Absent: None Staff Present: Comm. Dev. Director: Planning Manager: Associate Planner: Associate Planner: City Attorney: Recording Secretary: APPROVAL OF MINUTES Paul Resnikoff Bob Roseberry Cynthia L. Dodd Pam Finch Yvonne Kendall Philip C. Reynolds, Jr. Michael L. Rich Paul Kermoyan Aki Honda Snelling Steve Prosser Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Finch, the Planning Commission minutes of the meeting of January 14, 2014, were approved. (7-0) Campbell Planning Commission Minutes for January 28, 2014 Page 3 Chair Resnikoff closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Finch, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4130 approving afive-year term Conditional Use Permit (PLN2013-304) to establish a small fitness studio on property located at 1190 Dell Avenue subject to the conditions of approval, by the following roll call vote: AYES: Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich, and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Resnikoff advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Resnikoff read Agenda Item No. 2 into the record as follows: 2. PLN2013-249 Public Hearing to consider the application of Reid Lerner on Lerner, R. behalf of Laurie Brigham for a Conditional Use Permit (PLN2013-249) to allow a liquor establishment (Boswell's) with dancing and live entertainment and late night operational hours (2 a.m. closing) on property located at 2089 S. Bascom Avenue in a C-2 (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report as follows: • Reported that this is a 32,000 square foot commercial property that is 400 feet south of Campbell Avenue. It is zoned C-2 (General Commercial) and the General Plan land use designation is also General Commercial. Adjacencies include duplexes and offices to the north, a large development to the south, and apartments to the west. The site has an underground parking garage and surface parking to the rear of the property. • Added that the applicant will relocate a bar (Boswell's) into a 3,500 square foot tenant space from its current 37-year location at the Pruneyard. Other uses on this parcel include. three nail salons and snow-vacant florist shop. The applicant will secure a Type 48 ABC liquor license under which no mandatory food service is required. The hours of operation will be between 12 noon and 2 a.m. daily. As those hours include operation after 11 p.m. and prior to 6 a.m., a Use Permit is necessary for what is called late night operation. Campbell Planning Commission Minutes for January 28, 2014 Page 4 • Said that the location would hold up to 110 patrons and include live entertainment and dancing Friday and Saturday from 9:30 p.m. to 1 a.m. and on Sunday from 5 p.m. to 12 a.m. • Explained that the interior floor plan includes a performance stage and dance floor and a standing area to accommodate 42 people. There will be no kitchen. • Stated that the Commission must review this proposal for consistency with the standards of the C-2 (General Commercial) Zoning District, which is the most intensive commercial designation, often with adjacencies to residential uses. • Reminded that a liquor establishment requires a Conditional Use Permit in the C-2 (General Commercial) Zoning District. Findings must be made that said service would not be a nuisance or make an unreasonable demand on services and/or result in an overconcentration of such uses within the immediate area. Issues to be considered are impacts of parking, lighting and sound resulting from the proposed use. • Reported that there are three restaurants nearby with beer and wine service but not one other with full service alcohol sales. There are no other bars in the immediate vicinity. • Said that the parking standard for a bar is based on seating and non-dining area. One space is required for every three seats and one space for every 200 square feet of non-dining area. Therefore the parking standard requires 41 spaces for this proposed use and 17 are provided. • Added that a Parking Management Plan has been developed as a part of this Conditional Use Permit application. This Plan proposes 45 vehicle spaces. Of those, 30 are surface and 15 found in the underground parking garage. Added to that would be 20 new motorcycle spaces. Every five motorcycle spaces equates to the provision of one additional vehicle parking space. • Advised that the concept of shared parking occurs on this site given the differences in peak business hours for all uses on the property. The restaurant and day spa located at the rear of the site have earlier closing times between 9 and 10 p.m. • Reported that free valet parking services will be provided by a professional parking service. This free service even precludes the acceptance of tips. This valet parking will be available between 8 p.m. and closing, which are the same hours as the live entertainment. • Said that valet service will incorporate use of the underground parking as well as off-site private parking use arranged under contract with other nearby commercial property owners. • Said that there is potential for short-term impacts but several mitigation measures are proposed. They include the replacement of the existing side door and windows with more efficient sound reducing ones and a requirement to keep doors closed at all times when music is playing. Those provisions are incorporated in the conditions of approval. • Added that there are residential duplexes to the north and additional mitigation measures are proposed that include the construction of an 8-foot masonry wall to replace the existing 5 '/2 foot wall. That change would be consistent with screening and buffering standards although a typical wall height is 6-foot. Staff recommends 8-foot in this case. Campbell Planning Commission Minutes for January 28, 2014 Page 5 • Said that the existing trash/recycling enclosures will be replaced. There is currently no roof or locked doors to prevent entry and use of these existing enclosures. The new enclosure will incorporate locked doors to restrict access. • Stated that efforts will be required by the business to prevent smoking in the rear lot that could impact the nearby residents. There is a condition that prohibits designated smoking area(s) on the property. A condition also requires control staff at the entrance and routine on-site security patrol services through a contract company. Another condition requires placement of security cameras with remote access by the Campbell Police Department. The Police Chief can require retention of security video for a specified period. • Reported that the garage is closed to the public after 8 p.m. and accessible only by the valet parking service after that time. • Reminded that an additional Live Entertainment Permit will have to be secured by this applicant through the public hearing before the City Council. • Said that a photometric plan was prepared and a condition of approval requires that site lighting be consistent with that plan. • Recommended the adoption of a resolution approving this Conditional Use Permit with Parking Management Plan subject to the conditions of approval. Commissioner Roseberry said that it doesn't appear that the underground garage is currently in use and he wonders if it is in a condition presently to be used. Planner Daniel Fama said that it is blocked off right now as it is not in use. He pointed out that a lot of the site is currently vacant. He said that the applicant would have to do whatever is deemed necessary to bring that garage back to useable condition. There will be a metal door that has remote control. Commissioner Roseberry: • Asked about the 8-foot high proposed wall. • Pointed out that the wall currently is at a 5-foot height on the parking lot side. • Asked about the acoustic report and cautioned that the STC28 (Sound Transmission Class) door referenced therein (page 6) may reflect a typo. Perhaps it would have to be a STC48 to be effective to block noise to the outside. • Inquired if the City has the ability to require "no smoking" signs at the back of the lot. Planner Daniel Fama: • Said that current ordinances disallow any smoking within 20 feet of doors and windows. • Added that not having patrons loitering or congregating occur at the back of this property is up to this business to manage using their security service. Commissioner Roseberry said that this could be creating a situation for smoking on site at the back. Planner Daniel Fama said that this business is responsible to enforce smoking regulations. Campbell Planning Commission Minutes for January 28, 2014 Page 6 Director Paul Kermoyan: • Said that the buildings have "No Smoking" signage. • Added that if the Commission is concerned, signs could be added to the parking lot. • Reminded that additional lighting would be installed so the site will be better lit allowing this signage to be visible to patrons. City Attorney William Seligmann said that the Commission could add a condition prohibiting smoking on the property altogether. Planner Daniel Fama reference Condition 4-j. Commissioner Kendall asked whether given the different peak hours for the businesses located on site, if there is enough parking on site or will some vehicles have to be taken off site for parking. Planner Daniel Fama said that the valet service will be necessary to provide off-site parking. The valet service has contracts with other properties to use their parking after hours when those uses themselves don't use their parking. Commissioner Kendall cautioned that use of other lots to park cars for Boswells could create impacts on other neighbors by bringing in late night parking on lots that currently are not used at night. Planner Daniel Fama reminded that there will be 45 spaces on site; 34 ground-level or surface spaces and 15 underground spaces. He said that most of the time there will be adequate parking available on site to serve this use. Commissioner Kendall asked when the valet service would end. Planner Daniel Fama said that valet service would be available through closing meaning sometime between 2 or 2:30 a.m. Commissioner Kendall said it would likely be to about 2:30 a.m. by the time all patrons retrieve their vehicles. She mentioned one letter received that referred to the noise impacts of dumping bottles into the recycling container late at night. How can that be prevented? Planner Daniel Fama: • Cautioned that regulating garbage company collection timing does not fall under the control of the business owner but rather is based on the garbage company's contract with the City. • Advised that the Planning Commission can limit the hours during which the receptacles could be accessed by staff. For example, an end time of 10 pm. could be imposed for placing recyclables into the bins. Currently, the limit is during operational hours. Campbell Planning Commission Minutes for January 28, 2014 Page 7 Commissioner Kendall asked about the potential impact from patrons smoking in their cars since they can't in the bar. Planner Daniel Fama said that it will be the business owners' responsibility to ensure their patrons are not a nuisance to the surrounding area. Director Paul Kermoyan said that the City Attorney could help craft a condition of approval to prohibit smoking on the property overall. Commissioner Finch: • Admitted that she too is concerned where the additional cars would be parked. • Added that she is an independent contractor with the real estate company located just across the street from this site. • Assured that she has no possible financial benefit should arrangements ever be made to utilize that site's parking after hours. Therefore she has no conflict of interest. Commissioner Dodd: • Questioned the types of live entertainment anticipated. • Expressed concern with the potential for noise impacts for the loading and unloading of band equipment. • Asked where the staff would be parking. Planner Daniel Fama said that there is no specified parking for staff or patrons. He said that the applicant would be better suited to answer that question. Commissioner Rich suggested having the Campbell Police Department involved in placement of security cameras and to ensure that they are adequate. Planner Daniel Fama said that there would be specifications and details provided to ensure the effectiveness of the security cameras. Commissioner Reynolds said that some of the motorcycle parking spaces would be lost after 8 p.m. when the underground garage is limited to valet parked vehicles. Planner Daniel Fama agreed that 8 of the proposed motorcycle spaces are located in the underground garage and would not be accessible. However, it may be possible to leave the motorcycle parking in place there and allow access by owners with escort by valets to retrieve them after 8 p.m. Chair Resnikoff asked where patrons would wait for their cars to be brought back from off-site parking. He asked if it would be okay for patrons to self-park on the ground level lot without use of a valet. Planner Daniel Fama replied yes. Chair Resnikoff asked if signs must be posted to advise patrons that there are security cameras on site that are monitored by the Police Department. Campbell Planning Commission Minutes for January 28, 2014 Page 8 Planner Daniel Fama said that signage could be required. Chair Resnikoff asked if the noticing done for tonight's meeting was a 300-foot noticing distance. Planner Daniel Fama said that this project's noticing was expanded to 500-foot. Additionally, the noticing list was provided to the applicant for use in neighbor outreach. Chair Resnikoff asked how many residents attended the applicant's outreach meeting. Planner Daniel Fama said he didn't know but the applicant could advise. Chair Resnikoff opened the Public Hearing for Agenda Item No. 2. Reid Lerner, Project Architect & Applicant's Representative: • Advised that the business owners are present this evening and available for any questions. • Stated that they seek approval of a Conditional Use Permit to move an existing business 1,000 feet south in the same neighborhood on Bascom Avenue. They will draw many of the same customers and operate with the same experienced management. • Pointed out that this is a family-owned business and awoman-owned one as well. It is also a small business. • Added that the owners have chosen to locate their business close to their current location. • Stated that this is a handsome building with its the roof and beams inside. There is plenty of parking. • Said that the valet parking would implement tandem parking techniques so they can accommodate twice as many cars as would be possible using the marked stalls. • Pointed out that most people come to this business with a friend so many cars will carry more than one person. • Listed improvements proposed to the outside of the building to include the restriping of the parking lot, new landscaping, new trees, replacement of the driveway, handicapped access, and efficient lighting that is shielded. • Explained that their community outreach efforts consisted of personal invitations to an Open House on the property. • Added that neighbors certainly have concerns and the applicant takes those concerns very seriously. • Said that to mitigate any potential for loud music impacts, their acoustic report recommends that they replace an existing door and windows to soundproof ones. The north-facing windows and doors will not be used. • Added that they would measure sound afterwards to ensure that compliance is reached. Campbell Planning Commission Minutes for January 28, 2014 Page 9 • Stated that they agree with the proposed conditions of approval. They are practical. They are willing to put in a taller wall between this site and the residences that are adjacent. They will utilize a local security firm. • Reminded that Boswell's has been in the neighborhood for 35 years. They are not new. This relocation will continue a successful business and make it better. • Stated that his clients are very excited about this location. They want to be a neighborhood tavern and a place to see musicians. Commissioner Reynolds asked home many residents attended the community outreach event. Reid Lerner said there were between 10 and 12 attendees. Chair Resnikoff clarified that access would be from the front rather side door. Reid Lerner said that is correct. Chair Resnikoff asked how use of the side door would be prevented Reid Lerner replied through use of hardware. There would be no doorknob outside but an alarmed press-bar on the door from inside to allow emergency exiting only. He added that the entrance will incorporate atwo-door system to also help muffle interior sound and help prevent it from being heard outside the business. Commissioner Roseberry asked the speaker to verify which door is the front door. Reid Lerner said it was at the upper right corner and is handicapped accessible. Ron Stemple, Resident on Arroyo Seco: • Explained that he lives eight houses down from Bascom on Arroyo Seco. • Said that his issue is that we are comparing two very different areas when discussing Boswell's Pruneyard location versus this proposed relocation site. • Pointed out that this is a tightly packed residential area. It is a very delicate balance. It may look great on paper but maybe not. • Stated that Boswell's is a very busy and crowded place where people go for drinking, dancing and partying. • Suggested the old adage that "nothing good happens after midnight." Frank Dalle-Molle, Property Owner on Michael Drive: • Said that he and his wife own two duplexes on Michael that are approximately 50 feet away from this proposed Boswell's relocation. • Stated that they are opposed to approval of this relocation. • Stressed the need to ensure the quality of life and ability to sleep at night for his tenants. • Said he is concerned that noise issues are not adequately addressed in the report. • Stated that Boswell's will have between 60 and 100 customers on site between the hours of 9 p.m. and 2 a.m. Campbell Planning Commission Minutes for January 28, 2014 Page 10 • Expressed concern about how exiting would be handled after 10 p.m. There is potential for customers to stand outside talking for awhile. • Added that parking is his second concern. • Recounted that he personally has dual-paned windows on his own home. While he can't hear cars from within, he can still hear motorcycles. The possibility of 20 motorcycles on this site is of concern. • Said that the issue of smoking has been covered. As long as smoking is prevented on site, concern about smoking becomes less of an issue. • Said that while Boswell's does not sell food there is a cafe at the end of this building that could again result in a noise creation situation. • Stated that his duplexes are directly impacted by noise and it behooves the Commission to ask these types of questions. • Reiterated that noise outside the building is what dramatically impacts residents on the other side of the wall. The question is how Boswell's will curb noises including motorcycle arrivals and departures after 10 p.m. Michelle Gilbert, Resident on Michael Drive: • Reported that she is a 10 to 12 year resident on Michael Drive. • Said that she was there during the times that a pool hall was on this property as well as the Adriatic Cafe. That was loud. Garbage was thrown into their yards. Police had to be called. • Stated that their property is down lower than the Bascom Avenue grade. • Expressed concern about privacy impacts with lights and cameras pointed towards their homes. Additionally, her bedroom faces this parking lot. • Stated that some additional greenery is needed to help dampen the sound. • Said that it is great that insulating will occur inside but what about the noise impacts from activities that occur outside? • Asked if she would be able to call this owner at home at 2 a.m. if noise occurs in this lot at that hour? • Advised that she is amiddle-school teacher and needs to be alert to teach. • Stated that she sent a letter with attached article about the recent shooting that occurred in the parking lot at The Spot. This demonstrates that a business can't always control peoples' behavior in a parking lot even with on-site security. • Added that garbage dumping at night makes noise. There is current use of a noisy pull-cart by another tenant on this site that is already disruptive. • Stated that Boswell's is a great place. She's been there. However, this space is too small to accommodate Boswells. People on this site can see into the yards and homes of the adjacent properties. • Suggested that a sound check be taken of noise on this lot as it is right now to show later what the actual noise increases are once Boswell's is there. Wes Mills, Resident on Michael Drive, said that he uses a motorcycle as his sole source of transportation. It is going to be loud. Lori Mills, Resident on Michael Drive, said that she is very much opposed to this request. She pointed out that there will be 12 motorcycles parked right outside her bedroom window. Campbell Planning Commission Minutes for January 28, 2014 Page 11 Doris Quai Hoi, Resident on EI Solyo: • Stated that she strongly opposes locating Boswell's at this site. It does not fit within their neighborhood. There must be a balance between a residential neighborhood and commercial uses. • Questioned the lack of knowing where off-site valet parking might be located. • Asked why a circulation study and trip generation analysis have not been done. • Stated that she has spoken with neighbors on EI Solyo and Arroyo Seco about this proposal to locate Boswell's here. Many recalled the adverse impacts experienced when there was a bar in the Denny's location years ago. Impacts included drunken drivers in their neighborhood including one vehicle that crashed into a neighbor's house at 2 a.m. Louise Steckel, Resident on Arroyo Seco: • Questioned whether overflow parking will end up down their street. • Asked if it is possible to put signs in their neighborhood for resident parking only. • Cautioned that patrons may elect to self-park their vehicles in the nearby residential streets. Greig Hoque, Resident on Arroyo Seco: • Stated his concern is with noise. • Added that he lives about 550 feet away. • Said that he was concerned that there is no vestibule at the front door. • Said that he doesn't want Boswell's at this location. • Recounted that his home is the one that was hit by that drunken driver. • Said that this use will result in "sign pollution". There will be signs for "No Parking" and others for "No Smoking". There will be other signs warning of "Security Cameras" on site. • Stated that he is against approval of this request. Phil Indovina, Resident on Michael Drive: • Said that he questions the grade level difference between the two sides. There is a 3-foot difference that means that what is an 8-foot tall wall on their (Boswell's) side will equate to an 11-foot tall wall as seen on their (residential) side. Laurie Brigham, Applicant & Business Owner: • Thanked Daniel Fama for his work and assistance during the processing of this application. • Recounted that her husband operated Boswell's for 36 years. They are responsible owners that are sensitive to their neighbors. • Assured that they will be a good neighbor and that they are doing all that they are being asked to do in order to locate here. They have and will continue to address all concerns and/or issues. Mark Liebman, Resident on EI Solyo: • Said he both lives on EI Solyo and owns multiple other rental homes in his neighborhood. Campbell Planning Commission Minutes for January 28, 2014 Page 12 • Added that he loves Boswell's but this location is not the right place for them to relocate. • Admitted that he is worried about his tenants as well as himself as he anticipates complaints resulting from this use so close by. It may become more difficult to get tenants for his rentals. Chair Resnikoff closed the Public Hearing for Agenda Item No. 2. Commissioner Finch: • Agreed that there is a difference between being located within the center of the Pruneyard as opposed to adjacent to residences. • Stated that Boswell's is a great place and has been a good business for a long time. However, they were insulated within the Pruneyard. This proposed location is not the same neighborhood condition. • Said that she has an issue with the potential for motorcycle noise. Some motorcycles make a lot of noise and often their owners enjoy revving them up. • Suggesting placing motorcycle parking further away from residences, especially after hours. • Agreed that it is important to limit the allowable hours for garbage dumping into the enclosures and to have the entire property be a "No Smoking" zone. • Said that she likes the idea of having the Campbell Police Department involved in the placement of the security cameras for this business. Commissioner Kendall: • Suggested that one solution to the concern over motorcycle noise might be to park motorcycles below in the underground parking garage to better limit noise impacts. • Said that she has questions about the proposed 8-foot tall wall and the grade differences on either side of that wall. Is the other property lower or higher than the subject site? Planner Daniel Fama: • Stated that he didn't notice a grade difference but it sounds like it exists. • Explained that the wall height is as measured from the higher property. Therefore the wall would be higher on the lower grade side if that wall was 8-feet tall on the higher property. Commissioner Kendall said she was concerned about the noise from the dumping of bottles and suggested limiting the time for that activity to no later than 10 p.m. Commissioner Roseberry: • Said that this is along-standing and good Campbell business. • Agreed that it is a tough one to decide. • Said that some of the issues can be addressed, such as smoking. Internal noise attenuation can be addressed. • Admitted that the biggest issue and concern by nearby neighbors is noise. There is a chaos factor for activity that occurs after midnight. Motorcycle noise would be the worst impact. They can be really loud. Campbell Planning Commission Minutes for January 28, 2014 Page 13 • Added that placing motorcycle parking in the underground garage will not help but rather make sound impacts worse. It would actually be better if no motorcycles are parked in the underground garage. The garage would amplify the noise of the cycles. • Stated that it is always a problem with a busy street such as Bascom as it intersects with nearby residential areas. • Said that the wall would be a big help for the adjacent residents but another result could be that noise from this site could end up bouncing off that wall and end up elsewhere even further away. • .Agreed that the issue of motorcycles is what is most difficult to solve. • Asked staff if the wall would extend on the western side. Planner Daniel Fama said that the wall is on the northern side due to its proximity to duplexes. There are apartments on the west side but the buildings are further away from the property line. Having a wall placed there could be considered as well. Commissioner Roseberry said that there is also the opportunity to plant landscaping along the wall to help absorb noise. Planner Daniel Fama said that there is a landscaping plan. The requirement for adding a landscaping barrier could be added to that plan. Commissioner Roseberry said he still does not know how to solve the motorcycle issue. Director Paul Kermoyan: • Reported that when the City most recently looked at the Parking Ordinance, all modes of transportation were considered. One such issue was to prevent the parking of motorcycles within standard vehicle parking spaces but rather to create specialized spaces to accommodate several motorcycles instead. • Cautioned that even if there are no designated marked motorcycle spaces, cycles will be parked on site. They can't be prohibited from the site. Commissioner Rich: • Said that this is a challenging application to consider and both sides must be considered. • Agreed that Boswell's is an institution in Campbell. Their needs must be balanced with the concerns of nearby residents as well. • Said that each member of this Commission must consider whether this is an appropriate location for Boswells. • Admitted that he would like to see Boswell's remain in Campbell but does struggle with this location. While there is a lot that can be done with the conditions, the question remains if it will be enough. Commissioner Dodd: • Agreed that this is a difficult project to decide. • Reiterated that Boswell's is an institution within the City of Campbell. Campbell Planning Commission Minutes for January 28, 2014 Page 14 • Stated that she likes the suggested complete restriction to "No Smoking" on site. • Said that she understands that Bascom Avenue is a busy street but the rest is residential. • Questioned the impacts of having live music to 1 a.m. • Added that noise from motorcycles underground is not a good thing for the nearby residents. Commissioner Reynolds: • Said that he has gone back and forth on his opinion of this request all weekend long. He looked at the staff recommendation, read the letters from nearby residents contained in the staff report and looked at the zoning. • Said that he has been to Boswell's at Pruneyard. • Added that Boswell's has been supportive of the community including fundraising events such as by the Bfue Star Moms, who support the men and women serving in the military. • Admitted that he wouldn't want to live next to a business like this himself. • Stated that as volunteers for service on this Planning Commission, the Commissioners are often asked to make tough decisions. This is one of the toughest project decisions that he has had to make. He looked at the City's General Plan for guidance, which is the "bible" for land use in the City. Additionally, he considered the zoning approved for this property. He evaluated whether this proposed use fits with the zoning allowed uses and found that it does according to the General Plan. • Said that he asks neighbors to keep in mind that if they locate close to a boulevard they cannot expect traffic to stop. It's an inherent problem. Those living deeper into the neighborhood have a bigger buffer against noise impacts than those living right adjacent. • Said that the role of the Commission is to make decisions on behalf of the City. He said he is aware that no matter the decision made, someone will go home unhappy with the decision made this evening. Someone else will go home happy with that same decision. • Concluded that he would reluctantly be supportive as this use fits within allowed uses for this property as per the City's General Plan. • Reminded that either side can choose to appeal tonight's decision. • Stressed the important to capture enough conditions to alleviate as many concerns as possible. • Pointed out that this business owner wants to work with her surrounding neighbors. The neighbors in turn can monitor this use and let Boswell's know if problems should come up. • Stated that he wants to be on record that the General Plan is overdue a review and update. Commissioner Finch asked about the condition granting one year period for this business. Director Paul Kermoyan clarified that this particular condition simply indicates that the business must be established within one year of approval or the entitlement expires. Campbell Planning Commission Minutes for January 28, 2014 Page 15 Commissioner Finch asked about a condition requiring asix-month review. Commissioner Rich asked what issues would trigger such a review. Commissioner Finch suggested that the Director could consult with the Police Department to evaluate the number of complaints received. That requirement is part of a lot of project approvals. Director Paul Kermoyan pointed out Condition 5 that states that the trigger would be verifiable complaints within asix-month period. Commissioner Roseberry thanked all who came and spoke this evening. It takes courage. He said it is important to ask the Police Department to document any complaints they may make against activity at this or any location causing a disturbance so there is a record. He cautioned that people should not "cry wolf' but rather only raise legitimate issues contrary to its Use Permit. Commissioner Kendall pointed out that in recent requests for Conditional Use Permits she has seen before the Commission that per Council recommendation new establishments are generally required to close at midnight. She asked why that is not the case here. Director Paul Kermoyan clarified that Commissioner Kendall is referring to projects that fall under the requirements of the Downtown Campbell Alcohol Policy for businesses in the downtown core. Commissioner Reynolds said he is cautious about imposing a condition for mandatory monitoring and review of a Use Permit. He agreed that Condition 5 offers that opportunity in the event that issues are raised that calls for reconsideration of an approved Use Permit. He does not support adding an automatic monitoring condition deadline unnecessarily. Commissioner Resnikoff: • Said that there are still a few outstanding issues. One is the issue of motorcycle noise. • Admitted that motorcycles cannot be kept off the site. • Stated that the information missing for him is exactly where the off-site valet parking will be accommodated. • Said it is important not to push the problem off onto another neighborhood. • Added that another question for him is just how long it might take to bring a patron's car back over to Boswell's and where those waiting patrons will wait. • Stated that he is still somewhat confused by the grading difference between the residences and this site. He asked staff to reiterate how the wall height is measured. From which side? Planner Daniel Fama said that the wall would be measured from the highest grade. Campbell Planning Commission Minutes for January 28, 2014 Page 16 Chair Resnikoff: • Said that would appear almost like a fortress wall as seen on the residential side of it. However, it would also serve to block any views into the residential yards and home windows as seen from this commercial property. • Said that the smoking solution is easily solved with the condition to disallow any smoking on site at all. The outstanding concerns seem to be music and hours. • Reminded that any decision of this Commission on this application is also appealable to Council. • Added that Condition 5 gives the City an opportunity to raise the possibility of revocation should problems come up that cannot be adequately addressed. If verified complaints come in within the first six-month period, this Use Permit can be brought back to the Planning Commission for modifications to its conditions of approval and/or the revocation of the Conditional Use Permit. • Reiterated that it is important to bring only true issues to the table. Commissioner Roseberry: • Stated that some of the outstanding concerns are solvable and have viable solutions in place. One big outstanding issue is noise impacts. The impact from internal noise is resolved with the steps to be taken. The only unknown is the level of noise that might occur outside as patrons arrive and leave. • Asked staff if there is a way to limit the number of motorcycles. • Asked if denial can be based solely on the desire to keep motorcycles away? Staff advised that it is not possible to prohibit motorcycles. It is also not possible to deny this approval simply because of a concern for possible motorcycle traffic. Commissioner Kendall: • Stated her agreement with the "No Smoking" provision on site and to the requirement for additional landscaping along the walls (and adhering to the walls as well). • Reminded that the noise study indicated that this wall would help with noise management. • Said that it seems generally that in lieu of off-site parking, this use will utilize professional valet services that will use the underground garage for tandem parking. • Added that there will be dedicated security guard(s) on the premises to quiet guests if they are disruptive. • Suggested considering the cessation of music by midnight. She pointed out that usually the party stops when the music stops. Chair Resnikoff:. • Said that Council also has the ability to alter these proposed live entertainment hours when it finalizes the Live Entertainment Permit that is processed by the Police Department. • Asked if the Planning Commission could reduce their hours right now. Campbell Planning Commission Minutes for January 28, 2014 Page 17 Director Paul Kermoyan said that their currently proposed hours are to midnight on Sunday and to 1 a.m. the other six days of the week. The Commission could recommend midnight for every day of the week instead. Commissioner Dodd: • Said that having motorcycles running in the underground garage would result in the amplification of their sound. • Stated her support for ending live music on weekdays (Monday through Thursday) to either 11 p.m. or midnight. Commissioner Finch: • Stated that given the underground garage is long and narrow she does not see how tandem parking is possible there. • Added that she would like to know where the off-site parking is going to be provided. There is the potential for off-site parking to impact other neighborhoods as well as determine how long patrons may have to wait for their cars. Commissioner Kendall suggested having the valet booth inside the bar so customers don't have to wait outside. Commissioner Rich asked what problem would be solved by limiting the hours by just one hour. Is there much of a different between midnight and 1 a.m.? Commissioner Dodd: • Said that when the music ends would be the time that the largest number of people would depart. • Agreed that she does not know for sure if it would be any better. • Reminded that a lot of people go to sleep by 11 pm. most likely including some of those living near this location. Commissioner Roseberry said that he's not sure what is solved by reducing entertainment to 11 p.m., Monday through Thursday. He said if most want to reduce from 1 a.m. to midnight, he would not oppose that change. Director Paul Kermoyan said that one factor to consider would be the time needed for the loading and unloading of band equipment. Commissioner Dodd agreed saying it is not just the patrons exiting but also the band at the conclusion of the live entertainment. She opined that there is a big difference between 11 p.m. and 1 a.m. Chair Resnikoff: • Cautioned that not every issue will be solved but as many as possible can be mitigated. • Gave an overview of the points raised: o Prohibit smoking on site outright. o Install an 8-foot wall with buffering landscaping. o Limit the live music hours. Campbell Planning Commission Minutes for January 28, 2014 Page 18 o Dealing with the loading/unloading of band equipment. o Motorcycle parking restrictions (prohibited from the underground garage) o Limit the hours for dumping of trash/recycling into the enclosure. o Location of valet booth inside the business as well as the waiting area for said valet service. • Reminded that all issues are to the discretion of the Director per the conditions of approval. Director Paul Kermoyan: • Pointed out that it is uses occurring at the back of this property that could create the most impact. • Suggested that moving the use more to the front is where to concentrate including loading for the bands. A condition can be added requiring that the band vehicle be no greater than a specified size so there are no 18-wheelers brought on site. As much as possible focus external noise to the front and away from residences. • Agreed that it would merit having an end time for loading up the band equipment following a show. Commissioner Finch suggested moving motorcycle parking forward and closer to Bascom as well. Commissioner Reynolds asked if it might be possible to offer immediate neighbors installation of double pane windows versus limiting the hours of operation. Planner Daniel Fama advised that this was discussed with the duplex owners. Their duplexes don't have air conditioning so their tenants need to be able to open their windows in the summer months. Commissioner Reynolds suggested throwing in a $400 air conditioning unit as well. Commissioner Rich pointed out that that limiting hours has a financial impact on this business. Therefore, before limiting their hours for any reason, it is important to evaluate if that reduction actually solves anything. If not, why do it. Commissioner Roseberry pointed out that all seven Commissioners will not agree on every detail so it is time to craft something for a vote. It seems that the Commission has solved or mitigated as much as is reasonable. Commissioner Kendall: • Agreed with Commissioner Roseberry. • Said that the noise assessment study indicates that project noise impacts will be within acceptable levels increasing by between 1 and 3 decibels. • Suggested allowing this business its requested hours and to ask for additional screening and muffling landscaping to be planted along the wall with the intent to grow onto the wall itself. Commissioner Finch clarified that the suggestion for limiting hours was intended to apply only to live music while allowing them to remain open to the desired hour. Campbell Planning Commission Minutes for January 28, 2014 Page 19 Commissioner Dodd agreed that it was just in reference to the end time for live music. Commissioner Roseberry said it doesn't solve a problem and he offered to put forth a motion. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Kendall, the Planning Commission adopted Resolution No. 4131 approving a Conditional Use Permit (PLN2013-249) and Parking Management Plan to allow a liquor establishment (Boswell's) with dancing and live entertainment and late night operational hours (2 a.m. closing) on property located at 2089 S. Bascom Avenue, with the following amendments: • Limit the dumping of glass bottles up to 10 p.m. and not before 8 a.m. • Approval of a plan for the loading and unloading of band equipment for the live entertainment to the satisfaction of the Community Development Director; • Add a condition of approval that entirely prohibits smoking on site; • Extend the proposed sound wall to include both the western and northern property lines; • Install additional landscaping along the wall with the intent that it grow onto the wall to help buffer sound; • Evaluate the grade difference between the adjacent residences with the site. If it is greater than two feet, the height of the wall may be modified at the discretion of the Community Development Director: • Check on the STR (Sound Transmission Rating) of the proposed sound attenuation door to make sure it is adequate; • Prohibit the parking of motorcycles within the underground garage; • Limit the hours for live music to midnight Sunday through Thursday and to 1 a.m. on Fridays and Saturdays; • The valet parking plan is subject to approval by the Community Development Director; and • The positioning of security cameras is subject to approval by the Campbell Police Department; by the following roll call vote: AYES: Finch, Kendall, Resnikoff, Reynolds, and Roseberry NOES: Dodd and Rich ABSENT: None ABSTAIN: None Chair Resnikoff advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Campbell Planning Commission Minutes for January 28, 2014 Page 20 *** Agenda Items 3 and 4 will be heard out of order with Item 4 heard first. *** Chair Resnikoff read Agenda Item No. 4 into the record as follows: 4. PLN2013- Public Hearing to consider the application of Villa Developers, 06/07/146 LLC, for a Planned Development Permit (PLN2013-06) with a Villa Parking Modification, a Tentative Vesting Subdivision Map Developers, (PLN2013-07) and a Tree Removal Permit (PLN2013-146) to LLC construct 18 residences on properties located at 45-81 Kennedy Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that a Mitigated Negative Declaration be adopted for this project. Tentative City Council Meeting Date: February 18, 2014. Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Reported that the applicant is seeking approval for an 18-unit single-family development within a P-D (Planned Development) zoned property. This action is subject to the recommendation of approval by the Planning Commission of a Planned Development Permit forwarded on to Council for final action. • Described the project site as being to the north of Kennedy, between Winchester and Industrial. There are three parcels on which existing structures will be demolished to allow construction of an 18-unit development. • Said that the General Plan land use designation is Medium Density Residential that allows 14-20 units per gross acre. • Advised that this property is just under one gross acre and about 3/4 of an acre net and is proposed to be developed at a density of 19 units per gross acre. • Said that the applicant is seeking approval of a Vesting Tentative Subdivision Map to create 18 private residences that will consist of 8 detached units fronting on Kennedy and two five-unit attached buildings at the rear. • Added that this proposal will continue the existing development pattern along Kennedy and will include 1,200 to 1,500 square foot lots and structures utilizing a traditional architectural design incorporating three stories. The maximum height is 36 feet. The applicant has incorporated the third story elements within the rooflines to help minimize the appearance of mass. It is one-foot higher than that allowed in standard residential zoning. • Displayed several photographs of projects previously developed by this applicant of a similar nature. • Explained that the parking is deficient by one guest space. However,- there is extensive street frontage so staff is supportive of the necessary Parking Management Plan necessary as part of this approval. • Added that a Tree Removal Permit is necessary to allow the removal of 12 protected trees. A tree report has been provided and the condition of these trees Campbell Planning Commission Minutes for January 28, 2014 Page 21 range between fair and poor due to extended period of neglect. The proposed site landscape plan includes 12 new trees as well as abio-retention area on site for storm water treatment and retention. A private access drive will serve this project instead of a public street. An HOA will be formed which calls for the maintenance of the bio-retention system. • Reported that SARC reviewed this project at three different meetings resulting in an intense and beneficial review. Two project sites, one with a previous approval, were combined to create one project at a higher density utilizing detached units along Kennedy and attached units at the rear. • Advised that a Mitigated Negative Declaration has been prepared. It was determined that impacts are short-term during construction. The review period was between January 7 and 27 and no comments were received. • Recommended the adoption of four resolutions by the Planning Commission forwarding on to Council a recommendation for approval of a Mitigated Negative Declaration, a Tentative Subdivision Map, a Planned Development Permit with a Parking Modification and a Tree Removal Permit to allow this development of 18 residential units. Commissioner Roseberry asked about the requirement for affordable units. Is that a part of this project? Planner Steve Prosser said that the City has an Inclusionary Housing Ordinance for projects 10 units or larger which must include 15% of their units as low to moderate- income BAR units. The applicant is proposing three BAR units, two moderate-income and one low income. Commissioner Roseberry asked which specific units would be the BMR units. Planner Steve Prosser said that he is not certain but knows that the BMR units must be comparable to the other units of the development. Commissioner Kendall pointed out that parking on Kennedy is very busy in the morning due to St. Lucy's School student arrivals. Planner Steve Prosser pointed out that the demand for guest parking is usually different from school hours so a one guest parking space deficiency is not considered to be significant by staff. Chair Resnikoff reiterated that this was originally two separate projects. Planner Steve Prosser agreed and explained that they were two separate four-unit projects initially proposed. Chair Resnikoff said they have since become two nine-unit projects. Planner Steve Prosser explained that if the properties are under the same ownership they can be considered one project when it comes to imposition of the Inclusionary Housing requirements. Campbell Planning Commission Minutes for January 28, 2014 Page 22 Commissioner Finch presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project on January14, ,2014, and referred it on to the Planning Commission with recommendations that included expanded public outreach. Chair Resnikoff opened the Public Hearing for Agenda Item No. 4. Joanne Fairbanks, Resident on Hacienda: • Stated that she cares about what happens in Campbell. • Admitted that she is opposed to this proposal for a number of reasons. One is that it doesn't fit within this neighborhood nor is it compatible with it. • Stated that the three-story structures are too big and there is limited street parking available. • Suggested reducing the density. • Opined that the trees on site are not all bad. The redwoods are in good shape. • Said that this is not a development that she would like to see in Campbell. • Said that there could be sunlight lost by adjacent parcels as a result of these tall structures being constructed nearby. • Suggested that they could do a better job with this project design. John Drew, Resident on Finch Drive, San Jose: • Reported that he works in Downtown Campbell and owns a fourplex on Kennedy right next door to this project site. • Admitted that he is concerned with the available parking. • Explained that Kennedy is packed with street parking Monday through Friday with school-related traffic. • Added that his tenants can't find street parking on school days. • Recommended the inclusion of a sound wall between this development and his. • Added that having a street in the center of this project raises a concern with impacts from auto headlights on his tenants and units. • Asked if something should not be given to his tenants for their having to deal with eight months of construction. Commissioner Rich asked Mr. Drew where he sees the wall being installed. Planner Steve Prosser said that Mr. Drew is suggesting a wall for the eastern property line between the fourplex and the easternmost building of this development. John Drew said he was concerned with blocking the on-site street view from his property. Chair Reynolds asked Mr. Drew if he would consider paying half the cost for this wall if the Commission were to impose this requirement on the developer. It will become a benefit for his property as well. Campbell Planning Commission Minutes for January 28, 2014 Page 23 John Drew said he is only asking for 30-feet of sound wall to obscure the view of the interior project street. He said he would have to see what his cost might be first but could possibly consider sharing in the cost. Commissioner Kendall asked Mr. Drew if he is concerned about noise while construction is happening or when the new development is occupied. John Drew said both. He pointed out that there will be at least 18 cars a night coming onto this property to park in two-car garages. That's a lot of traffic. Chair Reynolds said that Mr. Drew's fourplex is to the east of this project and their front doors face west. Where do his tenants park? John Drew said that there is a carport at the back that faces this new development. They enter from the south side of his property. He added that this is a big project. It's huge. Kamil Mabai. Applicant: • Said that they can both build and pay for the wall being requested. That is not a problem. • Added that they want to make their neighbor happy. Jim Paul, business owner on Winchester: • Said that this project looks nice. • Extended a "challenge" to the Commission to go out to that intersection to see what is going on there. • Opined that this is a lot of density in a tight intersection. • Admitted that it looks like a nice project and is better than the "crack houses" that were there before. Chair Resnikoff closed the Public Hearing for Agenda Item No. 4. Director Paul Kermoyan: • Responded to the observations made by speakers. • Reported that the density prescribed for this property is 14 to 20 units per gross acres. This particular property could accommodate up to 19 units under that density range. They are developing at the higher end of the range with the 18 units proposed. • Stated that the design of the buildings helps to de-emphasize their prominence. • Agreed that parking on the street is an issue but what is now currently multiple driveways serving these parcels will be reduced to just one driveway to serve this project. That will provide three or four additional street parking spaces than are currently available. Commissioner Finch: • Stated that SARC commended the developers as their project came a long way. Their first project proposal included "monster" homes. Campbell Planning Commission Minutes for January 28, 2014 Page 24 • Reminded that the City is mandated to build more housing units in Campbell. This project incorporates a number of properties. The homes utilize narrower and taller construction with dormers on the front to make them look less imposing. • Said that while she would love to see a single family home on an acre that is not what is possible now. • Pointed out that the applicant has been willing to jump through hoops for SARC. • Stated that with the sound wall, this development will not negatively impact the adjacent fourplex. • Stated that there will be more street parking with the removal of some existing driveways currently serving these properties to be replaced with one driveway. Commissioner Kendall: • Stated that this is a nice project that is in keeping with the neighborhood. • Said that she would rather see a natural barrier (i.e. trees) than a sound wall so both properties are enhanced. • Stated that one concern with all the building going on in Campbell is that the building colors used need to be considered carefully and be more toned down and earth tones rather than a "pink" Mediterranean color. Commissioner Roseberry: • Said that this is a nice looking project. • Pointed out that there is a dire for need in housing in Campbell and this looks like a quality development that will be located within walking distance to Downtown. It is a good project. Commissioner Reynolds: • Echoed Commissioner Kendall's recommendation for trees versus a sound wall to separate this development from the adjacent fourplex. • Advised that he is okay with the proposed colors as seen at the SARC meeting. They work very well. • Said that as a caution against changing colors for a project, a recent example was when the Downtown Imwalle building was under construction and the building colors came into question. It was finally decided to leave it alone. • Thanked those in the community that stayed late this evening to be heard. • Said that this is a good project for our City. • Agreed that there is an issue with traffic and stated that the Traffic Circulation Element needs updating as well. • Recounted that he joined the Planning Commission with a very anti-growth attitude but has learned a lot since that time. • Stated that the option we have is to plan properly. • Advised that he would be supportive. Chair Resnikoff: • Reiterated that the densities are mandated. • Reported that he was at the first two SARC meetings for this development and SARC itself increased the density from what the applicant originally proposed and they responded very well. Campbell Planning Commission Minutes for January 28, 2014 Page 25 Motion: Upon motion of Commissioner Dodd, seconded by Commissioner Rich, the Planning Commission took the following actions for a development project on properties located at 45-81 Kennedy Avenue: • Adopted Resolution No. 4132 recommending that the City Council adopt a Mitigated Negative Declaration; • Adopted Resolution No. 4133 recommending that the City Council approve a Planned Development Permit (PLN2013-06) to allow the construction of 18 residences; • Adopted Resolution No. 4134 recommending that the City Council approve a Tentative Vesting Subdivision Map (PLN2013-07) to allow the creation of 18 residential lots and one common lot; and • Adopted Resolution 4135 recommending that Council grant a Tree Removal Permit (PLN2013-146) to allow the removal of 12 trees; by the following roll call vote: AYES: Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich, and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Resnikoff advised that this item would be considered by the City Council at its meeting of February 18, 2014, for final action. *** Commissioner Roseberry recused himself from participation non the next item as he resides within noticing distance. He left the chambers for the remainder of the meeting. Chair Resnikoff read Agenda Item No. 3 into the record as follows: 3. PLN2013-43 Public Hearing to consider the application of Villa Developers, Villa LLC, for a Tentative Subdivision Map (PLN2013-43) to create Developers, nine new single-family residential lots on properties located at LLC 1411 & 1421 Westmont Avenue in an R-1-6 (Single Family Residential) Zoning District. Staff is recommending that a Mitigated Negative Declaration be adopted for this project. Tentative City Council Meeting Date: February 18, 2014. Project Planner: Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Reported that the subject properties are at 1411 and 1421 Westmont, on the north side between Harriet and Crockett. Campbell Planning Commission Minutes for January 28, 2014 Page 26 • Added that this property will be developed with nine standard R-1-6 lots (Single- Family Residential with 6,000 square foot parcels). They will be developed as a new public street that ends in a cul-de-sac. The site is surrounded by residential uses and is subject to the provisions of the San Tomas Area Neighborhood Plan (STANP). Specific residences will be reviewed in the future and approved through an Administrative Site and Architectural Review Permit for each home. • Explained that the property is being subdivided into single-family residential lots ranging in size between 6,000 and 11,000 square feet. They will take access on a new public street to be located off Westmont. • Advised that there are storm water retention requirements that must be met with this project. • Said that on December 11, 2012, the Planning Commission conducted a study session and discussed the location of bio-treatment areas to serve these proposed parcels. Having them located within private easements was not seen as desirable. Therefore, the applicant revised their project, widening the right-of-way so that the bio-treatment facilities are contained within the public right-of-way. • Added that a Facilities District will be established for the maintenance of these bio- treatment facilities. These facilities will not interfere with private property and R-1-6 residential lots. • Provided the standard setbacks that will be required including 20-foot front; 20-foot rear; 25-foot to the garage; and either 5-foot or half the building wall height for the side yard setbacks. Lot coverage is 40 percent and FAR is 45 percent. The residences will be limited to a maximum height of 28 feet. The rough building envelopes are shown on the proposed subdivision map. • Reported that this project is brought forth by the same applicants as the previous project just considered by the Commission. • Showed a series of photographs of other projects constructed by these developers. • Said that SARC reviewed this project on January 14, 2014, and made two recommendations. One is to ensure that Lot 1's front entry is oriented toward Westmont Avenue so it remains consistent with the properties to the west of it. The other was a recommendation to create a decorative barrier between the retention basins using fencing. • Advised that a Mitigated Negative Declaration is recommended for this project. The environmental review comment period was between January 7, 2014, and January 27, 2014, and no comments were received. • Recommended that the Commission adopt two resolutions to recommend Council approve the Mitigated Negative Declaration and the Vesting Tentative Subdivision Map. Commissioner Finch gave the Site and Architectural Review Committee report as follows: • SARC considered this project at its meeting on January 14, 2014, and suggested a condition of approval requiring a Westmont Avenue frontage for Lot 1 to be consistent with the existing neighborhood. • Added that any fencing located along Westmont should be consistent with front yard heights and incorporate high-quality decorative fencing that is at least 50 percent open to delineate between the bio-retention and private property. Campbell Planning Commission Minutes for January 28, 2014 Page 27 Planner Steve Prosser added that a Desk Item was distributed with a new set of conditions of approval as the set in the staff report had an error that was corrected. Chair Resnikoff opened the Public Hearing for Agenda Item No. 3. Pat Nichols, Resident on Westmont: • Stated that she has resided in the area for 50 years and experienced the area through conditions of flood and drought. We are once again facing a drought. • Suggested that this developer be allowed to skip installation of turf/lawn but rather to install chips and drought-tolerant plants instead. • Advised that she is a part of a County-wide organization -the Santa Clara County Flood System Alliance. • Reported that we are in a serious drought now and that 50 percent of water usage is on lawns. They support having not lawns but rather relying on native planting instead. • Pointed out that Campbell is a leader. Joanne Fairbanks, Resident on Hacienda: • Said that she is concerned with the issue of privacy for existing residents when a new development is created and to make sure that second-story windows do not impact the adjacent neighbors. One way may be to utilize a higher sill. • Encouraged the Commission to look at that kind of design detail. • Advised that she is not in opposition to this map. • Added that she agrees with the previous speaker (Pat Nichols) regarding the use of native landscaping instead of lawns. • Emphasized the need to preserve the privacy of existing homes that are already there. Chair Resnikoff closed the Public Hearing for Agenda Item No. 3. Commissioner Dodd: • Thanked the two speakers saying that she appreciates their recognition of drought. • Said that the builders have been so willing to work with the City. • Added that she likes the idea of the high sills when possible. • Asked when that component could be considered. City Attorney William Seligmann said that it could be considered at this point but is typically discussed with the Site and Architectural Review of actual proposed structures. Commissioner Reynolds: • Thanked the two speakers as well and stated his agreement with Ms. Nichols letter. • Added that he also agrees with Ms. Fairbanks' concerns over privacy. • Recounted that he lives in a single-story house where atwo-story was constructed behind his home. Campbell Planning Commission Minutes for January 28, 2014 Page 28 • Cautioned that there are Fire Code requirements for egress that impacts window sizes. • Advised that he was on SARC for this item and this is a beautiful project. • Reminded that the specific home designs for these lots would be seen later. Chair Resnikoff: • Agreed with the importance of preserving privacy. • Added that he has a townhome unit behind his home. • Assured that it is a concern that is considered. Director Paul Kermoyan: • Said that conditions of approval can be imposed for site-specific conditions regarding specific development, fencing and landscaping. • Said that it may make sense to condition recordation of specific development standards as part of title reports. • Stated that the concern over privacy could be addressed now and at entitlement processing. • Pointed out that the specific individual home designs will be handled through an administrative process that does not come before the Planning Commission. • Said that the new development should be designed to minimize privacy concerns to the greatest extent possible. Motion: Upon motion of Commissioner Finch, seconded by Commissioner Dodd, the Planning Commission took the following actions: • Adopted Resolution No. 4136 granting a Mitigated Negative Declaration; and • Adopted Resolution No. 4137 approving a Tentative Vesting Subdivision Map (PLN2013-43) to create nine new single-family residential lots on properties located at 1411 & 1421 Westmont Avenue, by the following roll call vote: AYES: Dodd, Finch, Kendall, Resnikoff, Reynolds, and Rich NOES: None ABSENT: None ABSTAIN: Roseberry *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan added the following updates to his written report: • Advised that Council authorized the creation of a Civic Center Master Plan Core Team that will consist of staff as well as representatives from the Planning Commission, Civic Improvement Commission and Council. Chair Resnikoff can appoint any member of the Commission to this team. • Advised that the Housing Element Update is underway and Planning Manager Aki Honda Snelling is managing that update. A community workshop is set for Monday, February 10th, at 6:30 p.m. in the Council Chambers. Campbell Planning Commission Minutes for January 28, 2014 Page 29 • Reminded that the League of California Cities' Planning Academy is set for March 26 - 28, 2014. Commissioners are asked to advise staff if they are interested in attending. • Updated the Commission, in response to Ms. Nichol's memo distributed this evening, that in 2010 the City adopted Water Efficiency Standards. ADJOURNMENT The Planning Commission meeting adjourned at 10:58 p.m. to Planning Commission Meeting of February 11, 2014. SUBMITTED BY: ~ ~~ ~~~.--~ ~ri~-81Sinn, Recording Secretary APPROVED BY: /~~ /~ ~~ -Paul Resnikoff, Chair ~~~ ; ATTEST: ~ ' Paul Kermoy n, Secretary the next Regular