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PC Min - 05/12/2015CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of May 12, 2015, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Finch and the following proceedings were had, to wit: MAY 12, 2015 CITY HALL COUNCIL CHAMBERS TUESDAY Rni i cni i Commissioners Present Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Pamela Finch Ron Bonhagen Yvonne Kendall Philip C. Reynolds, Jr. Michael L. Rich Donald C. Young Commissioners Absent: Staff Present: APPROVAL OF MINUTES Vice Chair: Community Development Director: Planning Manager: Associate Planner: City Attorney: Recording Secretary: Cynthia L. Dodd Paul Kermoyan Aki Honda Snelling Stephen Rose William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission minutes of the meeting of April 28, 2015, were approved as submitted. (6-0-1; Vice Chair Dodd was absent) Campbell Planning Commission Minutes for May 12, 2015 Page 2 COMMUNICATIONS Two communications items were distributed: 1. Revised site and floor plans relating to Agenda Item #1 (865 Briarwood Lane) as submitted by the applicant. 2. Applicant's proposed revisions (red-lined) to staff's draft conditions of approval. AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None C(~NSFNT There were no consent items. *** PUBLIC HEARINGS Chair Finch read Agenda Item No. 1 into the record as follows: 1. PLN2015-01 Public Hearing to consider the application of Terry Martin for a Site and Architectural Review Permit (PLN2015-01) to allow the construction of a rear addition (secondary dwelling unit) to an existing single-family residence and conversion of an existing garage to living area, on property located at 865 Briarwood Way in the R-1-8 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner Ms. Aki Honda Snelling, Planning Manager, presented the staff report. Commissioner Kendall presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project on April 14'h and was supportive of the project as presented. • Added that there were some internal configuration concerns and SARC recommended an inverted floor plan layout. Campbell Planning Commission Minutes for May 12, 2015 Page 3 • Advised that the applicant later objected to that SARC recommendation via letter to the City Manager. Chair Finch opened the Public Hearing for Agenda Item No. 1. Terry Martin, Project Architect: • Presented his design and floor layout and said he was available for any questions. Commissioner Rich asked Mr. Martin if there were challenges with the SARC- recommended flipping of the laundry room layout. Terry Martin replied that there was not a challenge except for the fact that doing so results in the need to reduce in the opening access leading from the second living unit onto the courtyard area. He added that the flow of laundry was designed to be centralized. Chair Finch asked Mr. Martin if his clients had considered converting the existing carport into an enclosed garage. Terry Martin said they had considered that but they believe the carport looks more appealing than a garage would look there. Chair Finch closed the Public Hearing for Agenda Item No. 1. Commissioner Reynolds asked SARC to elaborate on its reasoning for requiring a wall be removed to create open space with the hall. Commissioner Kendall said that SARC was concerned that as proposed this portion of the house appears like it could be used for two distinct and separate living units that could be rented out. Planning Manager Aki Honda Snelling said that this was staff's concern as well. Staff supported the recommendation to open up the space onto the shared walkway rather than incorporating a closed hallway. Commissioner Reynolds: • Said that he read the applicant's letter outlining their intentions and he believes them. They plan on this being their home for quite some time. • Added that while he understands that intentions can change, this proposal is their vision for their dream home. • Advised that he would support as they want it. • Suggested that SARC's floor plan change recommendation is taking away the owners' vision while it will not really guarantee to prevent what they fear could happen in the future. • Stated that he understands what these owners are asking for. They have big dogs and prefer to have separated spaces. • Concluded that he will support their initial proposal. Campbell Planning Commission Minutes for May 12, 2015 Page 4 Commissioner Rich asked Commissioner Reynolds to clarify whether he is supportive of the applicant's original plan or their revised plan distributed this evening. Commissioner Reynolds said that he supports their original proposal that didn't include the closet. He said that a closet is not a reasonable buffer. Planning Manager Aki Honda Snelling asked if Commissioner Reynolds supports the enclosure of the hallway and opening. Commissioner Reynolds said that these owners want wall space. He added that the redesign that they brought back this evening was based on SARC's recommendation. Director Paul Kermoyan: • Suggested that the Commission go over the original request. • Added that staff is attempting to prevent future creation of three independent living units. • Said that the idea of created the hallway and opening it up was to make the design of that portion of the home more integrated into the main portion of the residence. Planning Manager Aki Honda Snelling added that the applicant had previously advised staff that they were okay with the hallway. They provided revised plans as they are okay with enclosing the currently open breezeway. Commissioner Reynolds said he was supportive of leaving the wall blocked off. Commissioner Rich sought clarification from SARC that they proposed to flip the placement of the laundry room in order to minimize the potential of enlarging the second living unit. Commissioner Kendall said that her concern is not the closet itself. There is an existing separate entry from the carport that would allow the creation of three separate homes where Code only allows two units on this property. Commissioner Rich asked if staff and SARC believe that flipping the proposed layout keeps the potential down to just two dwelling units. Commissioner Kendall said that in implementing SARC's recommendations there is more flow in the floor plan. Commissioner Rich said that it is intended to connect to the larger house. Commissioner Kendall said that it would result in athree-bedroom house with an adjoining secondary dwelling unit. Commissioner Reynolds asked for a realtor's perspective. If this home were to be sold in the future, would the value be less because the laundry has views of the courtyard while the secondary living unit does not? Campbell Planning Commission Minutes for May 12, 2015 Page 5 Commissioner Young: • Stated if the laundry is in the center, everyone can access it. • Pointed out that these owners have made a lot of adjustments to their plan. • Said that he is satisfied that they can use the space as they wish and supports what the applicant is submitting. Commissioner Kendall said that this is a family home that seems to have missed its purpose. Commissioner Reynolds said that this is their residence. It is their dream home. Director Paul Kermoyan: • Suggested re-opening the public hearing to allow the architect to speak. • Reminded that the applicants submitted a new floor plan as a compromise. • Added that he is a bit confused at this point. Chair Finch re-opened the Public Hearing for Agenda Item 1. Terry Martin, Project Architect: • Said that if they have to open up that area in order to get approved, they will do so. However, they prefer to keep it closed. • Added that the revised layout of the office works nicely for them. Commissioner Bonhagen asked Mr. Martin where the existing laundry room is currently. Terry Martin replied that it is currently located in the garage. Commissioner Bonhagen said that the hallway is a great idea. Terry Martin said that they are okay with the enclosed hallway Chair Finch re-closed the Public Hearing for Agenda Item 1. Commissioner Rich: • Said that the focus should not be on lifestyles but rather for dealing with concerns about controlling how many dwellings are allowed in asingle-family zoned property. • Said that he supports the revised plans submitted by the applicant. Commissioner Bonhagen: • Said that he sees the point in the Commission not putting its own personal opinion into design. • Added that staff's recommendations are intended to prevent the space to create a third separate living unit in the future when only two units are allowed in this zoning. • Said that he believes that the applicant doesn't plan to create a third unit. • Stated his agreement with Commissioner Rich about supporting the applicant's revised plan. Campbell Planning Commission Minutes for May 12, 2015 Page 6 Chair Finch re-opened the Public Hearing for Agenda Item 1. Commissioner Reynolds: • Reported that he spoke with Michael Crisman about the subject of future public improvements in the Cambrian 36 neighborhood. At that time he asked whether during the annexation process or since annexation if there have been conversations about the idea of keeping their former County pocket rural in appearance. At the time of annexation they had been told they could keep their neighborhood as it was when annexed. • Pointed out that the City is asking for a deferred improvement agreement with this application. • Added that he contacted the Community Development Director today and asked him if a deferred agreement signed at this point in time could be made null and void in the future if an agreement is reached later not to install public improvements in this new area of Campbell. Lisa Harmer: • Reported that Michael Crisman was instrumental in annexing Cambrian 36 into Campbell. She was involved as well and served as the treasurer for 7 years. She is now the current President of their neighborhood association. • Advised that they would be having meetings in September to discuss the specific desires of the different streets in the Cambrian 36 area. Some streets want sidewalks in the future while others do not. Chair Finch re-closed the Public Hearing for Agenda Item 1. Chair Finch: • Said that using her background as a realtor and property appraiser, this floor plan is funky. It includes a little functional obsolescence. However, it is not the most bizarre floor plan that she has seen. • Pointed out that some parents want their children's bedrooms close to theirs and others want them on the other side of their house. • Suggested that we are trying to create problems where none exist. There's no need to create a mountain out of a molehill. • Said that she has no problem leaving it. • Stated that most people prefer a guest room with more view than a laundry room with a view. • Concluded that she will support the applicant's revised plan. Motion: Upon motion of Commissioner Young, seconded by Commissioner Bonhagen, the Planning Commission adopted Resolution No. 4205 granting a Site and Architectural Review Permit (PLN2015-01) to allow the construction of a rear addition (secondary dwelling unit) to an existing single-family residence and conversion of an existing garage to living area, on property Campbell Planning Commission Minutes for May 12, 2015 Page 7 located at 865 Briarwood Way, subject to the conditions of approval, with the elimination of Condition 3 and approval of the revised plan, by the following roll call vote: AYES: Bonhagen, Finch, Reynolds, Rich and Young NOES: Kendall ABSENT: Dodd ABSTAIN: None Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Finch read Agenda Item No. 2 into the record as follows: 2. PLN2015-21 Public Hearing to consider the application of Tom and Nancy Wills for a Modification (PLN2015-21) to a previously- approved Planned Development Permit (ZC 85-03) to allow a garage addition to an existing single-family residence and conversion of an existing garage to living area, on property located at 1206 W. Latimer Avenue in the P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: June 2, 2015. Project Planner: Daniel Fama, Associate Planner Ms. Aki Honda Snelling, Planning Manager, presented the staff report. Chair Finch asked if there were questions for staff. Commissioner Reynolds asked about the recommendation for exterior paint color changes. Planning Manager Aki Honda Snelling said that the existing colors are outdated. Director Paul Kermoyan added that the applicant is changing the design of the house. They are adding space and architectural details. In order to create atrue-to-form home, they should match the exterior color to compliment the architectural design. That is a design review issue. Commissioner Reynolds asked what would prevent these owners from repainting their home later. City Attorney William Seligmann said that the conditions of approval would control that. They would have to come back for a modification in order to change out the paint color in the future. Commissioner Kendall presented the Site and Architectural Review Committee report as follows: Campbell Planning Commission Minutes for May 12, 2015 Page 8 • SARC reviewed this project on April 28t" and was supportive with the recommendation to widen the courtyard entry, change the paint color and utilize pavers in the driveway. Chair Finch opened the Public Hearing for Agenda Item No. 2. Tom Wills, Applicant and Property Owner: • Stated that a lot of thought went into their plans. It addresses their needs, wants and dreams. • Advised that a letter of support from a neighbor had been submitted. • Pointed out that the coining is an existing architectural detail and not a new one. Their intent is to match the architecture of the existing home. Chair Finch closed the Public Hearing for Agenda Item No. 2. Commissioner Young: • Said that it seems that the entrance to the home was of concern to SARC. • Admitted that he finds it to be functional and aesthetic and that it makes sense to have the parking as they propose. • Concluded that he would be supportive as presented. Commissioner Rich said that he would also be supportive except for the inclusion of a condition of approval to change the paint color. Commissioner Bonhagen asked if this neighborhood has a HOA (Homeowner's Association). Planning Manager Aki Honda Snelling said that there are no specific restrictions on paint color in this neighborhood. Commissioner Reynolds said that he too supports this proposal except for the color change. He added that the finds the original color to be beautiful. Chair Finch: • Stated that she agrees wholeheartedly. • Pointed out that one's neighbors serve as the best police force. • Admitted that she doesn't find the existing paint color to be offensive in any way. • Concluded that she would be supportive. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Rich, the Planning Commission adopted Resolution No. 4206 recommending that the City Council approve a Modification (PLN2015-21) to apreviously-approved Planned Development Permit (ZC 85-03) to allow a garage addition to an existing single-family residence and conversion of an existing garage to living area, on property located at 1206 W. Latimer Campbell Planning Commission Minutes for May 12, 2015 Page 9 Avenue, with the removal of draft condition 3, by the following roll call vote: AYES: Bonhagen, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: Dodd ABSTAIN: None Chair Finch advised that item would be considered by the City Council at its meeting of June 2, 2015, for final decision. **~ Chair Finch read Agenda Item No. 3 into the record as follows: 3. PLN2015-67 Public Hearing to consider the application of Don Babbitt for a Babbitt, D. Variance (PLN2015-67) to allow a reduction in the number of utility poles to be removed and linear feet of overhead lines to be replaced underground in association with apreviously- approved 18-unit townhome project at 45-81 Kennedy Avenue. A Mitigated Negative Declaration was previously approved for this project. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Chair Finch asked if there were questions for staff. Commissioner Young asked how many poles were removed for the Railway project. Planner Stephen Rose said he believes it was approximately four. Commissioner Bonhagen asked for clarification that two poles would be removed but leaving the corner pole in place. Chair Finch opened the Public Hearing for Agenda Item No. 3. Jack Whithaus, Resident on Sunnyside Avenue: • Said that he is in opposition to the City providing any relief from the requirement for undergrounding for this development. • Added that he does not believe that a financial hardship argument holds water. • Reminded that 18 units have been approved for this property and as part of that approval the undergrounding of utilities was imposed as a condition. • Said that the claim of physical hardship stemming from having to put utilities underground across other private properties is a typical part of the undergrounding process. It does not represent a hardship or provide justification for relief of that requirement to underground. Campbell Planning Commission Minutes for May 12, 2015 Page 10 • Opined that the pole at the corner of Kennedy and Industrial may be difficult to underground but it is not impossible to do so. • Admitted that he is concerned with staff's justification to support the partial relief of the undergrounding requirement. • Reiterated that he thinks there is probably a physical way to make that undergrounding happen. • Pointed out that the CEQA review included a finding about aesthetics. Reduction in undergrounding may conflict with the environmental review. • Stressed the importance of undergrounding and reminded that it is in the City's Municipal Code to require undergrounding. • Said that this developer is seeking an exception for 90 feet of required undergrounding. • Reminded that redevelopment is the way that cities get undergrounding done. A City has to take advantage of its undergrounding opportunities. • Suggested that the Planning Commission press staff and this developer to adhere to the required amount of undergrounding. Chair Finch closed the Public Hearing for Agenda Item No. 3. Commissioner Reynolds: • Reported that the issue of undergrounding of utilities was discussed extensively at a previous meeting. • Advised those in attendance that his background is as a utility engineer. • Stated that he was supportive of a Variance at the beginning. • Explained that a "down guy" would be required in front of the property where there is not one today. That would be a negative impact on property value there and he doesn't like doing that. • Reported that the Commission's task is to protect and guide development in the community. • Advised that the Commission continued consideration of this request and sent it back for further review and discussion between staff and representatives of PG&E. • Added that he already knew it was not feasible. • Reported that moving undergrounding requirements further down creates a domino effect on unrelated parcels. • Concluded that he would be supporting the staff recommendation. Commissioner Young: • Said that this undergrounding requirement is complicated because of what is included (existing) on that particular pole. • Added that he understands that there must be good reasons for a Variance. • Said that the purpose of the Ordinance for undergrounding is very clear but the case for a Variance has been made and he agrees with the applicant in this particular circumstance. Commissioner Bonhagen: • Stated that he appreciates the nearby neighbor's comments. Campbell Planning Commission Minutes for May 12, 2015 Page 11 • Reminded that the recommendation is for the undergrounding of a good portion of the utilities. The Variance being sought is for a small portion of it. • Added that with the information provided by PG&E he can support this Variance this time. • Pointed out that the two adjacent properties to this project site are older structures that could be redeveloped in the future. At that time the utilities could be placed underground. Commissioner Rich: • Stated that Commissioner Reynolds and Young nailed this issue for him. • Said that he agrees about the potential for impacts on the existing residence. • Questioned the potential for domino effect and the cost of that becoming exorbitant. • Said that he was inclined to support this Variance. Chair Finch: • Directed a question to the City Attorney about whether there is any legal precedence preventing a City to go against the recommendations of PG&E as a public utility. • Said that she is inclined to agree with the other Commissioners in this case. While it is not the best scenario it is what must be done to get this project done. Motion: Upon motion of Commissioner Young, seconded by Commissioner Rich, the Planning Commission adopted Resolution No. 4207 approving a Variance (PLN2015-67) to allow a reduction in the number of utility poles to be removed and linear feet of overhead lines to be replaced underground in association with apreviously-approved 18-unit townhome project at 45-81 Kennedy Avenue, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: Dodd ABSTAIN: None Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. ~~* Chair Finch read Agenda Item No. 4 into the record as follows: Campbell Planning Commission Minutes for May 12, 2015 Page 12 4. City-Initiated Public Hearing to consider the revocation of a previously Bovenberg, P. approved Site Application (S69-7) for property located at 661- 665 E. McGlincy Lane in an M-1 (Light Industrial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Chair Finch asked if there were questions for staff. Commissioner Rich asked what the current staffing level is at this time. They are proposing up to 10. Planner Stephen Rose said that per attachment 7, page 6, the applicant indicates seven employees at this time and on average has six. Commissioner Rich asked about the storage of parts carts. What is the rationale for having those outside instead of inside? Planner Stephen Rose said he would defer that to the applicant. Commissioner Young asked about the long time storage of parts on the roof of this building. Is there any chance that this weight could have compromised the building's structural integrity? Planner Stephen Rose said he could not say if this building's roof was engineered to store that type of weight load. Commissioner Young asked staff if the Commission has heard a revocation before. Planner Stephen Rose said that it is not common. If compliance is not reached by other means, than the revocation is the process used. Commissioner Young pointed out that there is sufficient proof that extensive staff and code enforcement resources have been applied to seeking compliance with this site. Planner Stephen Rose agreed that enforcement efforts have been underway for a number of years and involved a number of different staff members. It has been costly for the City. He added that any fines imposed do not fully cover the cost recovery of the enforcement efforts required. Commissioner Reynolds asked about the proposed placement of the gate. He asked if there is an existing gate. Campbell Planning Commission Minutes for May 12, 2015 Page 13 Planner Stephen Rose said that there is one located at about parking space #10. The intent is to shift it out in order to screen all of the bay doors. Commissioner Reynolds asked where staff is recommending the gate be located. Planner Stephen Rose said between parking spaces 7 and 8. Commissioner Reynolds asked whether the fifth bay might have to be removed if the applicant is unable to substantiate its existence as permitted. Planner Stephen Rose replied yes. Commissioner Reynolds asked if the office would have to be relocated. Director Paul Kermoyan: • Replied not necessarily remove it but the current office placement would have to be permitted as built. • Added that adding a permitted bay door may not be warranted given the long- standing problems with this site. More bays equates to more customer traffic. It may be better for this business to shrink itself down a bit to better fit the site or to find a bigger property than this site to accommodate the bigger business this has become. Commissioner Kendall asked if it is typical for an applicant to red-line staff's draft conditions of approval. Planner Stephen Rose: • Said that the applicant has an opportunity to suggest general changes to the draft conditions as they see fit. However, it is less common for an applicant to provide specific word choices. • Reminded that these are revocation conditions being imposed by the City as a means of obtaining compliance of this use. Commissioner Kendall asked if staff had time to review the applicant's recommendations. City Attorney William Seligmann said he would not recommend that. He added that zoning violations are strict as law requires them to be. If the Planning Commission has issue or sees merit in the applicant's propose language, it can take those up one at a time. Commissioner Rich said that there are well-documented complaints from over the years. He asked how this revocation process was raised. Planner Stephen Rose said that there have been complaints from the surrounding neighborhood specifically regarding parking issues. Some of the violations were observed by staff including the storage of car parts on the roof of the building. Campbell Planning Commission Minutes for May 12, 2015 Page 14 Commissioner Bonhagen asked if it is a violation to have car parts being stored outside of the fence area. Planner Stephen Rose said that is correct. Director Paul Kermoyan said that is a main reason the City Ordinance requires screening view of bay doors as seen from the public right-of-way. It is due to the aesthetics. He said that a parts cart equals a parts "rack". Commissioner Bonhagen said that he drove by this location today and saw parts stored -mostly auto body parts. Chair Finch opened the Public Hearing for Agenda Item No. 4. Gary Gamil, Attorney for Pete Bovenberg, Business Owner: • Advised that he became involved with this situation in October 2014. • Stated that his appeal is to "get this resolved." • Added that they had thought that they would have to remodel the property. After three meetings with staff, they now understand that they need to "clean up their act". • Said that the problem Mr. Bovenberg has had is that his business has grown over the years. They use original manufactured equipment and often have to reverse engineer a car to bring it back. • Advised that Mr. Bovenberg doesn't want to be put out of business. • Reported that they had received the staff report with its proposed conditions on Thursday evening. They provided redlines on those conditions for which they had issues. • Advised that they are happy to follow the rules and will file for the appropriate Conditional Use Permit application. • Said that as to the question of the fifth bay door and the proposed gate realignment, that door was there when Mr. Bovenberg purchased the property and there is no indication that it was an add on to the original build. • Stated that this is Mr. Bovenberg's livelihood and his baby. His love is racing cars. He has a stellar reputation and being asingle-operator business owner for 33 years is an unbelievable feat. • Reported that they have filed a Use Permit application as well as a Fence application. • Assured that they can meet all of the City's requirements. • Stressed that they do not want to have a revocation. Instead they want to do what's necessary but they need some guidance. • Admitted that it is mea culpa time. They know they have got problems but believe that they can solve them. Pete Bovenberg, Business Owner: • Expressed his apologies to the residents, City and Planning Commission for his actions that have brought him here this evening. Campbell Planning Commission Minutes for May 12, 2015 Page 15 • Stated that he wants to be respectful of the community and reminded that he is a 30 year business owner and resident of Campbell. • Gave an outline of MBO's history. He reported that MBO was here when there were no computers and when the Winchester Drive-In was still in operation. They play a role in this community and restore cars to pre-accident condition. That is their goal. Commissioner Rich said that this use is before the Commission to address violations. He stated his concern for the history of enforcement actions. He asked Mr. Bovenberg how long he has been the business owner here. Pete Bovenberg replied 33 years. Commissioner Rich asked Mr. Bovenberg when he was notified that he was out of compliance and facing this revocation process. Pete Bovenberg said that he first heard in September 2014. In August he had received a letter of Intent to Cite and immediately began leaving messages until he got in touch with Gary Kornahrens, the Code Officer at that time, who told him to work with the City's Planning Department to correct the violations. Commissioner Rich asked Mr. Bovenberg if there were not indications of problems prior to that time. City Attorney William Seligmann clarified that Mr. Bovenberg must be referring to the most recent rounds of enforcement. There was a criminal prosecution in the late 80's. These were simply the most recent complaints. Pete Bovenberg said that in the 90's those issues were addressed and satisfied. Commissioner Rich asked Mr. Bovenberg if he has done everything to be in compliance with City ordinances. Pete Bovenberg said yes. He said that he spoke with Tim Haley (former staff planner) regarding the hay barns and was told that as long as they were not fixed to the ground and had no electrical, they would be allowed. He said he should have demanded something in writing to indicate that was okay. Commissioner Rich asked if the violations described on page 3 of 7 are accurately represented. Pete Bovenberg said that some are valid and others are open to interpretation. Commissioner Rich asked about the use of parts carts and why they are used outdoors rather than indoors. Campbell Planning Commission Minutes for May 12, 2015 Page 16 Pete Bovenberg said that the parts carts are used both indoors and outdoors. As the car goes through the repair process, the parts cart accompanies the car. The car parts on the cart are identified with the same identification number as the car they belong to. Commissioner Young asked about the request for 6 a.m. opening instead of the current 7 a.m. Why is that being requested? Pete Bovenberg said that his staff likes to come in early, change into their work clothes and get started. They want to be ready before the public 7:30 a.m. opening. Commissioner Young asked about the proposed increase to 10 staff rather than the existing seven staff. Pete Bovenberg explained that staffing fluctuates depending upon the work volume. He advised that he is not in the business of storing, long-term parking or hanging on to cars on site. When they get busy, he brings on more staff to help out. He said limiting staff to seven would impinge on his ability to get cars done and out. Commissioner Young said that it seems Mr. Bovenberg may have outgrown his location. He asked if Mr. Bovenberg agrees. Pete Bovenberg said his site was like a "closet that had gotten kind of messy." He added that he thought the use of a hay barn and storage structures would have helped him manage his site. As to whether he has outgrown the space, right now his employees go home at 5 p.m. They could do more in this space with more hours. Chair Finch closed the Public Hearing for Agenda Item No. 4. Commissioner Young: • Admitted that revocation is not something that he wants to think about. • Added that he is concerned that so much time has gone by with this site's condition and that the City had to devote so many resources dealing with this site. • Stated that he hopes for a continuance to avoid the need for a revocation. • Said that milestones would have to be established. • Concluded that if issues are brought back, a determination on the need for revocation could be considered at that time. Commissioner Kendall: • Agreed with Commissioner Young. • Said that she is not inclined to revoke this use at this time but also fears that the conditions are inclined to continue. • Suggested that one verified complaint should bring this use back to the Planning Commission rather than wait for three. It is important to keep a good leash on this site. • Referring to the applicant's proposed redline comments on the draft conditions, she sees some of them as benign. • Added that she is not okay with extending the hours and number of employees. Campbell Planning Commission Minutes for May 12, 2015 Page 17 Director Paul Kermoyan said that staff is prepared to respond to the applicant's recommended edits. Commissioner Reynolds: • Advised that he was not a happy camper when he read the staff report. • Added that the violations on this site go back to the 1980's. This use has not been a good neighbor to the surrounding businesses. • Admitted that Mr. Bovenberg may be a "victim of his success" who has focused on his customers but not on his neighbors. • Said that he would be going with staff's recommendations on this one. It is complicated and there are many separate issues. • Stated that it is his hope that this applicant takes the opportunity to re-evaluate his business. It does seem to have outgrown this location and perhaps he needs a second location (hopefully in Campbell as well). • Reiterated his support for staff's recommendations. Commissioner Bonhagen: • Echoed the comments of Commissioner Reynolds. • Said that this seems to be a great business owner whose business has outgrown his space. • Added that he will assume that this business owner did not fully understand his violations. • Admitted that he was shocked when he drove by yesterday and saw that there was still stuff being stored outside the fence at that time. He said that was surprising given the fact that Mr. Bovenberg knew he was coming before the Planning Commission this evening. It seems like he didn't take the situation seriously enough. • Said that it sounds like Mr. Bovenberg is now willing to get his act together. Commissioner Rich: • Said that he is not in favor of a revocation. • Added that one verifiable complaint is too few. Three verifiable complaints is a good standard. • Said that he could give leeway on the early start time and is okay with allowing up to 10 employees at peak times. • Said that on the issue of the fence placement and the legality of the fifth bay, it is hard to determine what this building had originally. Was it four bays or five? • Said that if the fifth bay is original to the building, the fence needs to enclose that fifth bay. Commissioner Young: • Said that if staff cannot verify the legality of the fifth bay, then perhaps the applicant can see if there is a process of having it permitted. • Suggested a continuance and/or to approve it per staff's recommendation. • Stated that he doesn't want to see this go on. He supported establishing milestones. Campbell Planning Commission Minutes for May 12, 2015 Page 18 • Said that this business was allowed to go on for so long that the operator believes the City won't do anything. • Stressed the need to make this use tolerable to the rest of the area. Commissioner Kendall: • Stated that she is in favor of coming back after one verifiable complaint rather than waiting for three. • Reminded that this has been an issue in this neighborhood for some time. The neighbors complain but nothing happens. • Concluded that she wants to be firm with this business but is not yet ready for revocation. Commissioner Rich said that since there are so many codes to consider he would prefer the three complaint standard versus the next (first) complaint. Commissioner Young agreed that three verifiable complaints has been the standard in the past and that reducing to one complaint would set precedent. Chair Finch: • Stated that it is sad that this situation has continued for so many years. • Added that she hears contriteness on the part of this business owner and his attorney. • Cautioned that she is not prepared to allow them any more activity than they already have on site until they can prove they can abide by the conditions imposed. • Said that she likes the idea of bringing this site into compliance. • Agreed that returning upon the next complaint would be harsh. • Stated that she is in favor of staff's conditions of approval as written without the applicant's proposed modifications. Director Paul Kermoyan said that staff has reviewed the redlined items requested by the applicant and is prepared to discuss each one. Commissioner Rich said he'd like to hear staff's input on those proposed edits. Director Paul Kermoyan: • Said that he is glad so see this situation moving in the right direction. • Advised staff does not find the proposed changes to Condition 2 to be acceptable. • Said that staff could support a 6 a.m. start time as requested with the applicant's edit to Condition 3B. • Regarding the parts cart, staff's answer is either no or a qualified yes. If yes, it would be after the applicant has demonstrated their ability to comply with all conditions for a period of time. • Regarding Condition 3E, staff does not support the request to expand staffing levels to 10. More people on site means more need for parking. • Regarding vehicle washing, staff is not supportive. • Regarding Condition 3K, staff is okay with the first change but not with the last. • Regarding Condition 30, staff is okay with the applicant's added language. Campbell Planning Commission Minutes for May 12, 2015 Page 19 • Reported that a plan located by staff identifies the original approval and doesn't show the fifth bay door. • Regarding Condition 7, staff can accept the applicant's modification to the text. Commissioner Kendall said that she is fine with the recommended edits that the Director supports and can support this project. Motion: Upon motion of Commissioner Young, seconded by Commissioner Kendall, the Planning Commission adopted Resolution No. 4208 approving the Modification to a previously approved Site Application (S69-7) for property located at 661-665 E. McGlincy Lane, with the following edits: • Allow the site operational hours to begin at 6 a.m. (Condition 3- D) • Add language about the parts cart storage • Edit Condition 3-K by striking the last two sentences • Edit Condition 7 to add "trash enclosure excepted; by the following roll call vote: AYES: Bonhagen, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: Dodd ABSTAIN: None Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Commissioner Kendall advised that she must recuse from this next hearing because she lives within noticing distance. She left the dais and chambers. Chair Finch read Agenda Item No. 5 into the record as follows: 5. PLN2015-30 Public Hearing to consider the application of Farideh Zamani (CUP) for a Conditional Use Permit (PLN2015-30) to allow previously PLN2015-117 completed, and proposed alterations, repair, and rehabilitation (MND) of an existing single-family residence on property located at 99 Zamani, F. Alice Avenue in the R-1-6(H) (Single Family Residential/Historic Overlay) Zoning District. A Mitigated Negative Declaration (PLN2015-117) has been prepared for this project. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Chair Finch opened the Public Hearing for Agenda Item No. 5. Campbell Planning Commission Minutes for May 12, 2015 Page 20 Chair Finch closed the Public Hearing for Agenda Item No. 5. Commissioner Reynolds: • Stated his appreciation for the report received from the Historic Preservation Board. He credited their good job evaluating historic buildings and their devotion to the preservation of Campbell's history. • Stated that he would be supportive of their recommendations given they are the experts in this area. Chair Finch said that she was excited to see this project moving along and likes the direction in which it is going. She also complimented the work done by the Historic Preservation Board in agreement with Commissioner Reynold's comments. Motion: Upon motion of Commissioner Rich, seconded by Commissioner Bonhagen, the Planning Commission adopted Resolution No. 4209 approving a Conditional Use Permit and Mitigated Negative Declaration to allow alterations to a single family residence on property located at 99 Alice Avenue in the R-1-6/H (Single Family Residential/Historic Overlay) Zoning District, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Finch, Reynolds, Rich and Young NOES: None ABSENT: Dodd ABSTAIN: Kendall Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Commissioner Kendall returned to the chambers and dais at the conclusion of Public Hearing No. 5. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan added the following update(s) to his written report: • Stated that the next Commission agenda includes the review of the Capital Improvement Program for consistency with the City's General Plan. The meeting will move into Study Session for three items (Sign Ordinance Update to identify issues/ Pre-Application for 700 E. McGlincy Lane /and aPre-Application for a proposed subdivision on Harriet Avenue). Campbell Planning Commission Minutes for May 12, 2015 Page 21 ADJOURNMENT The Planning Commission meeting adjourned at 10:45 p.m. to the next Regular Planning Commission Meetin y 26, 2015. SUBMITTED BY: inn, Recording Secretary APPROVED BY: ATTEST: