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PC Min - 10/27/2015CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. OCTOBER 27, 2015 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of October 27, 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 i~ollowing proceedings were had, to wit: ROLL CALL Commissioners Present Commissioners Absent: Staff Present: APPROVAL OF MINUTES Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Pamela Finch Cynthia L. Dodd Ron Bonhagen Yvonne Kendall Philip C. Reynolds, Jr. Michael L. Rich Donald C. Young None Community Development Director: Planning Manager: Senior Planner: Associate Planner: Planner: City Attorney: Public Works Director: Recording Secretary: Paul Kermoyan Brad Misner Cindy McCormick Daniel Fama Naz Pouya William Seligmann Todd Capurso Corinne Shinn Motion: Upon motion by Commissioner Kendall, seconded by Commissioner Reynolds, the Planning Commission minutes of the meeting of October 13, 2015, were approved as submitted. (6- 0-1; Chair Finch was absent) Campbell Planning Commission Minutes for October 27, 2015 Page 2 COMMUNICATIONS 1. Desk item for Agenda Item 1 (1689 Bucknall Road) 2. Desk item for Agenda Item 3 (280 Dillon et al) 3. Desk item for Agenda Item 4 (70 S. San Tomas Aquino Road) 4. Several desk items for Agenda Item 5 (Text Amendment - Check Cashing/Payday Loans) AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None CONSENT There were no consent items. Commissioner Reynolds took a moment to welcome Chair Finch back after an absence. *** PUBLIC HEARINGS Chair Finch read Agenda Item No. 1 into the record as follows: 1. PLN2015-35 thru Public Hearing to consider the application of Akbar Abdollahi 38 for a Planned Development Permit (PLN2015-35) to allow the construction of three two-story single-family residences; Tentative Parcel Map to subdivide a parcel into four parcels including one common lot (PLN2015-36), Zoning Map Amendment to allow a PD zoning designation (PLN2015-37), and a Tree Removal Permit (PLN2015-38) at 1685 Bucknall Road. Staff is recommending that a Negative Declaration be adopted for this project. Tentative City Council Meeting Date: November 17, 2015. Project Planner.' Cindy McCormick, Senior Planner Ms. Cindy McCormick, Senior Planner, presented the staff report. Chair Finch asked if there were questions of staff. Commissioner Rich asked about the FAR standard being 55 percent. Planner Cindy McCormick: • Said yes, the FAR is flexible with its P-D (Planned Development) Zoning. Campbell Planning Commission Minutes for October 27, 2015 Page 3 • Added that this applicant originally came in with even larger homes and staff convinced him to reduce them in size. Commissioner Dodd provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project at its meeting on September 22, 2015, and was generally supportive. • Added that: SARC suggested that each home have a distinct yet compatible appearance: and the applicant has accommodated that suggestion. Director Paul I<;ermoyan: • Reminded that the applicant at this time is proposing the PD Zoning. It is not already in place. • Added that the Commission does not have to grant the requested 55 percent FAR. • Stated that the Commission has the full discretion to be sure the project fits. Chair Finch opened the Public Hearing for Agenda Item No. 1. Shirem Basal, Project Architect: • Stated that he is available for any questions. Commissioner Rich asked how difficult it might be to cut each home by just about 160 square feet in order to have each residence at 55 percent FAR or less. Shirem Basel said that the original homes have been reduced as much as possible while still retaining the desired features. Commissioner Kendall asked about the colors proposed. The applicant provided a color board. Chair Finch closed the Public Hearing for Agenda Item No. 1. Commissioner Rich said that his only concern is the FAR and whether allowing this project to have a .59 FAR might cause future developers to ask as well. He admitted he'd like to hear thoughts from the other Commissioners on this issue. Commissioner Kendall said that this proposed project appears to be consistent with the existing buildings that will surround it. It seems to fit within this neighborhood. Chair Finch reminded that future projects like this will also come before this Commission for consideration and approval. She said that she is not concerned that approval of this project at .59 FAR would result in a "slippery slope". Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission took the following actions: • Adopted Resolution No. 4247 recommending the City Council adopt a Negative Declaration; Campbell Plannning Commission Minutes for October 27, 2015 Page 4 • Adopted Resolution No. 4248 recommending that the City Council approve a Planned Development Permit (PLN2015-35) to allow the construction of three two-story detached townhomes; • Adopted Resolution No. 4249 recommending that the City Council approve a Tentative Parcel Map to subdivide a parcel into four parcels including three residential and one common lot (PLN2015-36); • Adopted Resolution No. 4250 recommending that the City Council approve a Zoning Map Amendment (PLN2015-37) from R-2 (Multi-Family Residential) to PD (Planned Development); and • Adopted Resolution No. 4251 recommending that the City Council approve a Tree Removal Permit (PLN2015-38) to allow the removal of 12 protected trees on property located at 1685 Bucknall Road, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Finch advised that this item would be considered for final action by the City Council at its meeting of November 17, 2015. *** Chair Finch read Agenda Item No. 2 into the record as follows: 2. PLN2015-186 Public Hearing to consider the application of Koji Kawata for a Conditional Use Permit with Site and Architectural Review (PLN2015-186) to restore a restaurant building partially destroyed by fire at 2210 S. Bascom Avenue and a change of use from massage to restaurant with alcohol service. 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. Cindy McCormick, Senior Planner Ms. Cindy McCormick, Senior Planner, presented the staff report. Chair Finch asked if there were questions of staff. Commissioner Kendall asked if the applicant was opposed to having fixed windows rather than a door leading into the courtyard area. Campbell Planning Commission Minutes for October 27, 2015 Page 5 Planner Cindy McCormick replied yes. Director Paul Kermoyan said that the best way to mitigate uses is through conditions. It will be necessary to figure out parking demand before any outdoor dining seating can be added to this use in the future. Commissioner Reynolds asked if it might be possible to convert one vehicle space into a four motorcycle parking space to make up for the shortage of parking. Planner Cindy McCormick said no. Each required space must be standard in size. Director Paul Kermoyan clarified that four motorcycle spaces/stall is equal to one regular or standard parking space. Planner Cindy McCormick said that the requirement is for one standard parking space for every three seats. Commissioner Dodd provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project at its meeting of October 13, 2015, and recommended approval as proposed. • Added that the issue of windows versus door was discussed at that time. Chair Finch opened the Public Hearing for Agenda Item No. 2. Koji Kawata, Piroject Applicant: • Explained that this is an existing building with approximately 1,500 square feet of which just 500 square feet represents dining area. They had a design challenge in how to make this space comfortable and to look better visually. • Added that they believe that one way is to allow their patrons to enjoy the Japanese Garden that will be installed within the courtyard, which is 12 feet deep and 35 feet wide. • Said that his client has raised the issue of adding outdoor seating in the future but at the present time the garden is not designed to accommodate exterior seating. • Stated that without the inclusion of a door to this courtyard, it will be difficult for anyone to reach and enjoy the garden/courtyard area. A courtyard area without an access door would be dead. • Pointed out: that his client will have about a half a million dollars invested in this building with his proposed improvements. Commissioner Reynolds asked if the client would be okay with utilizing creative/decorative landscaping to prevent use of the five-foot pad area for dining space. Koji Kawata said that they must have afive-foot wide walkway per Building Code. Commissioner Reynolds asked if a door that opens half way might not be enough to let fresh air into the restaurant. Campbell Planning Commission Minutes for October 27, 2015 Page 6 Koji Kawata said that they still need an access point to this courtyard for maintenance access. Director Paul k:ermoyan said he seems to be hearing from the applicant that the plants in this courtyard would die without an access door directly from the restaurant. He suggested the installation of a single wide "man door" access to the courtyard from the kitchen rather than the dining room. Koji Kawata said that the desired door from the dining room is not just for maintenance access but also to allow diners to come out onto the courtyard. Commissioner Young said that customers can access the courtyard and if there should be a fire, those customers would have to re-enter the restaurant in order to exit the building. He asked if there is a gate to the outside. Koji Kawata said that per Building Code they only need one exit since this is such a small space. Chair Finch closed the Public Hearing for Agenda Item No. 2. Chair Finch: • Suggested that the 5 X 6 pad at the proposed door to the courtyard should be shortened and the garden space be enlarged instead. A smaller pad would be too small to accommodate tables. This is a great solution. • Said that she could support allowing a regular sized door to allow access to the garden. Commissioner Young: • Said that this would be an odd access point and cautioned that it could be a possible trip hazard with a smaller pad outside the door leading into the courtyard space. • Stated that he agrees with Director Kermoyan's suggestion to have a door from the kitchen leading out into the courtyard rather than from the dining room. • Said that the door as proposed is of concern and use of the door and the courtyard might not be easy to control. Commissioner (Dodd: • Reminded that the approval follows the property and not this specific operator. • Cautioned that double doors would lend itself to the desire by patrons to go outside there. • Added that she likes the idea of having windows rather than a door in order to allow patrons to overlook the Japanese garden that will be maintained in the courtyard. • Suggested pulling that wall up and adding operating/opening windows. Commissioner Rich asked if alcohol service/consumption would be allowed in the courtyard area lif there are doors leading there from the dining room. Campbell Planning Commission Minutes for October 27, 2015 Page 7 Director Paul I<:ermoyan said that the City is approving alcohol service for this location. ABC (Alcohol Beverage Control) issues the permit to the premises for specific alcohol service area(s). The courtyard is not proposed as an alcohol service area and therefore alcohol will not be allowed to be served there. Commissioner Reynolds: • Agreed with Commissioner Dodd that this is a challenge due to the size. An additional challenge is the smaller size of this restaurant's dining space. • Added that he wants to find a way to make it work. • Reminded irhat Orchard City Coffee has two foot walls with opening windows that are left open on warm days. • Suggested that option here as a good compromise. • Said that at a later date, if outdoor dining is desired, other options can be looked at including shared parking with adjacent uses if possible. Commissioner Bonhagen: • Agreed with Commissioner Reynolds. • Said that at first he liked the idea of the 6 x 5 foot pad area. • Added that either way makes sense. Director Paul Kermoyan: • Advised that having a landing outside of exit doors is required but staff would have to check with the Building Official for specifics. • Added that there are other things to consider as well. Commissioner Kendall: • Asked if it might not make sense to turn the proposed dry creek in the courtyard into a permanent path. That might prevent improper use from occurring. Commissioner Reynolds said that might be a good idea but may have ADA conflicts Chair Finch re-opened the Public Hearing for Agenda Item #2. Koji Kawata, Project Applicant: • Explained that the walkway is paved smooth as depicted on the plan. • Added that the other is pebbles. Chair Finch asked if ABC deals with outdoor alcohol service issues. Director Paul Kermoyan reported that ABC looks at things differently than the City does regarding alcohol. Chair Finch: • Said that shoe is not opposed to open windows. • Pointed out that this site has been an eyesore for a long time and this new restaurant on this location would be a welcome addition to Bascom Avenue. Campbell Planning Commission Minutes for October 27, 2015 Page 8 • Added that a lot of people in the surrounding neighborhoods walk the area and are potential patrons. Motion: Upon motion of Commissioner Young, seconded by Commissioner Kendall, the Planning Commission adopted Resolution No. 4252 approving a Conditional Use Permit (PLN2015-186) to allow general on-sale alcohol sales in conjunction with a new restaurant, subject to the Conditions of Approval and modification to Condition 4n, the courtyard patio, with the revision to replace the doors with operable windows (between the dining area and courtyard patio) prior to issuance of building permits and approval by the Community Development Director, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None 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. 3 into the record as follows: 3. PLN2015-170 thru Public Hearing to consider the application of Robson Homes 173 LLC for a Modification (PLN2015-170) to a previously approved and modified Planned Development Permit (PLN2013-337 / PLN2015-48), a Modification (PLN2015- 171) to a previously approved and modified Tentative Vesting Subdivision Map (PLN2013-339 / PLN2015-49), a Parking Modification Permit (PLN2015-172), and a Tree Removal Permit (PLN2015-173) to allow an expansion of an approved (two-phase) residential development including the addition of less than '/2 acre of property and an increase from 100 units to 118 residential units (90 townhomes and 28 apartment units), a reduction to the required number of on- site parking stalls, and removal of protected tree(s), on properties located at 180, 186, 190, 230, 240, 260, 272, 280, 282, and 290 (portion) Dillon Avenue; 466, 472, 482, and 488 Sam Cava Lane; and 186 Gilman Avenue, in the P-D (Planned Development) Zoning District. An addendum to the previously adopted Mitigated Negative Declaration will be prepared for this project. Tentative City Council Meeting Date: November 17, 2015. Planner. Daniel Fama, Associate Planner Campbell Planning Commission Minutes for October 27, 2015 Page 9 Mr. Daniel Fama, Associate Planner, presented the staff report. Chair Finch asked if there were questions of staff. Commissioners Rich, Kendall, Bonhagen, Young, Reynolds and Chair Finch all advised that they had met one-on-one with the applicant, Mark Robson. Commissioner Bonhagen asked why the original BMR split is not the same as the overall project percentages. Planner Daniel Fama explained that there are two moderate income units. Per an email, the applicant has offered aloes-income unit. Commissioner Rich asked about the Eco-Pass and how they would be paid for. Will they be funded by rent? Planner Daniel Fama said that is open ended. It could be via rents or the owner could choose to subsidize it. It is intended to be offered in perpetuity. Commissioner Rich asked if the intent of providing Eco-Passes is to encourage use of Light Rail and t:o reduce the number of cars needed to be parked on this project site. Planner Daniel Fama said that it is intended to attract mass-transit users to reside at this complex that might be more likely to utilize an Eco-Pass. Commissioner Rich asked why just the apartments have Eco-Passes. Planner Daniel Fama said that it is up to the Planning Commission to recommend the breakdown of hype and location of BMR units. Commissioner Dodd provided the Site and Architectural Review Committee report as follows: • SARC considered this project at its meeting of October 13, 2015, to review the proposed revised architectural design. • Added that ;SARC had concerns about massing of the 16-unit apartment building. • Said that SARC agreed with the applicant's approach on street parking. Chair Finch opened the Public Hearing for Agenda Item No. 3. Mark Robson, Applicant, Robson Homes, LLC: • Gave a slide presentation. • Showed the added parcels to the already-approved project and described the project improvements that resulted. • Said that the expanded project breaks up buildings better along the creek bed and improves open space. With the changes, 37 homes will front along Dillon and Sam Cava with buildings and front doors along the street. There will be added curbside parking with the closing of numerous existing driveway cuts that will be closed with the project. Campbell Planning Commission Minutes for October 27, 2015 Page 10 • Said that the Eco-Pass is seen as a tool to encourage ridership among residents. • Reported that they are increasing from 17 to 25 street parking spaces, an addition of eight nevv street parking spaces. • Stated that their Parking Management Plan makes a lot of sense in this case. • Assured that they have provided the required on-site parking for residents but they are short of visitor spaces on site by 9. • Reported tl-iat if the Eco-Pass program is mandated, he will have to buy passes for every man, woman and child above the age of five who lives on there. • Said that he doesn't dispute the importance of doing it short term but does dispute the need to continue to do so in perpetuity. That's a substantial burden of about $7,800 a year for this 18-unit apartment building. • Said that in explanation to the BMR issue, they are adding 9 additional homes all with three bedrooms. There will be 14 BMR units created for this project. • Pointed out that the St. Anton's project is bigger and has the same number of BMR units rather than more. • Said he hoK>ed the Commission would consider his requests in terms to provision of Eco-Passe> and the specific sized units for the BMR units. Commissioner Rich asked Mr. Robson what he is proposing specifically in regards to the Eco-Pass program. Mark Robson said that he thinks the project should pay for the Eco-Passes for the first year of tenancy but not in perpetuity. Commissioner Rich asked Mr. Robson if he was open to making Eco-Pass information available to tenants during the leasing process. Chair Finch asked to clarify whether future new tenants moving in would still get aone- year Eco-Pass. Mark Robson said no. He added that it is still a substantial cost. Chair Finch said that a compromise is possible. Patrick Melvin, Resident on Dillon: • Advised that he too had spoken personally with Mr. Robson. • Explained that he has lived on Dillon for 20 years. • Added that this project is a great opportunity for the developer and the City. • Questioned whether apartments are the best option for Campbell's Downtown. • Pointed out that residents are "fighting for daylight" and there are concerns about that. • Said that perhaps townhomes are a better option for families as these are not going to be cheap apartments. • Said that hE~ welcomes development but there are going to be impacts on those already there. • Reiterated that he'd like to see townhomes and families, which helps generate a neighborhood. Apartments are not the right option for that. Campbell Planning Commission Minutes for October 27, 2015 Page 11 • Reminded that there are a lot of events in Downtown Campbell and parking is already a concern. • Stated that "everyone knows about Campbell." • Thanked the Commission for listening to his comments. Commissioner Rich asked Mr. Melvin, what about apartments? Patrick Melvin said he'd rather see the three parcels being added to the already- approved project developed with townhomes rather than apartments. Dennis Conner, Resident on Dillon Avenue: • Advised that he is the pastor of the church in this neighborhood. • Said that as he has lived in the neighborhood for the past 9 years, he can attest that parking is a big problem there now. • Suggested providing as much parking as is possible. • Reported that street parking is full every weekend already with patrons of Downtown parking along the street here. • Added that he visits apartments in Campbell often and always finds it difficult to find visitor parking. • Stressed the need for the best parking solution possible. • Suggested that the Commission consider speed bumps on Dillon to slow down the traffic there. • Informed that there is a daycare there. The church itself has 50 parking spaces. • Reiterated that the project should provide as much parking as possible. Jo-Ann Fairbanks, Resident on Hacienda: • Said that she wanted to address three items. • Stated her agreement regarding the daylight issue raised by a previous speaker. • Admitted thiat she is disturbed by the loss of heritage trees that are lost to development. • Pointed out that these are market rate homes and the rent is not affordable, not even the BMR units. • Added that the percentage of units allocated as BMR units is way too low. She'd like to see that percentage bumped up by 20 or 30 percent. • Reiterated that BMR housing is still not affordable housing. • Expressed support that both units be very low and low income units. Janice Newman, Resident on Dillon Avenue: • Said that her big concern is owner occupancy versus rental units. • Stated that this is a lot of rentals for this one block area. • Admitted that she would like to see more ownership. • Stated that she has huge concerns with parking. • Referred to the pending traffic from Steak N'Shake and the St. Anton development and current users of Campbell Park resulting in street parking being completely full on weekends. There are already big parking issues. • Opined that this project should not be able to use street parking as a part of its required allocation. There is a huge deficit of parking. Campbell Planning Commission Minutes for October 27, 2015 Page 12 • Agreed that since this is atransit-oriented development, there should be Eco- Passes for ;all residents there. • Said that this project will have impacts on the feel of this existing neighborhood. • Reported that she read the whole traffic report. • Expressed concern for the proposed proximity of the structure to the road as well as the fact that the apartment building is a solid block. She'd like to see some breaks in those buildings rather than a big solid 16-unit block building. • Said that she has environmental concerns and read the reports. Of specific concern area the impacts on the Riparian Corridor. • Admitted that this is a nice project but she'd like to see it toned down a bit and to take parking into consideration. Mark Robson, Applicant and Property Owner: • Said that the project provides both for-sale and rental housing opportunities. • Reminded that originally there were 45 townhomes. Since then parcels have been added to the project. • Advised that the proposed apartments were approved by Council. The project includes 28 apartments and 90 townhomes. • Assured that there are more affordable housing opportunities with this project. • Explained that there are micro-units, which are smaller units that are less expensive than larger units would be. • Recounted that he often comes to Campbell and always finds parking. • Said that they should be allowed the use of street parking for guest parking as they are getting rid of a number of existing curb cuts that will allow the creation of additional parking spaces along the street instead. • Reminded that the Eco-Pass would have to be bought for every resident over the age of 5 years. Commissioner Bonhagen asked Mr. Robson if the added 18 units are rentals. Mark Robson: • Said that 9 of the new units are apartments and the other 9 are townhomes. • Pointed out that their maximum wall height is 27 feet while the St. Anton project has building heights up to 39/40 feet. • Added that his project has addressed massing in its design. Chair Finch closed the Public Hearing for Agenda Item No. 3. Commissioner Rich: • Said that hey has personal experience using Eco-Passes that were provided free of charge by his employer. • Admitted treat he doesn't believe that providing Eco-Passes reduces parking demand as even if someone were to utilize the Eco-Pass doesn't mean that they won't also maintain a car and need parking for said car. • Reported that during the 10 years he utilized the Eco-Pass provided to him free of charge, he still maintained a car. • Opined that issuance of Eco-Passes will not reduce parking demand. Campbell Planning Commission Minutes for October 27, 2015 Page 13 Commissioner Bonhagen: • Said that while offering Eco-Passes is a great idea, he is against requiring the provision of free Eco-Passes in perpetuity. • Agreed that: not everyone needs one and some may never use one. • Supported providing an Eco-Pass for the first year or two and covering half of the expense. 11` the user has "skin in the game" by paying a portion of the cost, it is less likely to sit in a drawer as it might if it were free. • Reminded that Eco-Passes are issued to specific people by name and are not transferable to other riders. • Said that there is a huge demand for housing. There is a supply and demand issue. • Pointed out that if more housing were not to be developed, prices would go up more. • Stated that we are the "envy of the world with this great economy." • Said that he agrees with Mr. Robson on the BMR units. Commissioner Kendall: • Stated that: if the project is creating new street spaces by closing existing driveways, they should be able to use those new spaces. • Said that developing near Light Rail calls for transit-oriented development and counts on some residents not having cars. • Added that there is pressure added by VTA and the City's own General Plan for higher development densities on sites such as this one. The proximity of the site to Light Rail makes it easier to use the Light Rail system. • Stated that she can support the provision of Eco-Passes but not in perpetuity. Instead efforts should be made to encourage use of mass transit. It is more of a marketing thing. It may not necessary work simply to give out free passes. • Said that condos are often bought as investments and she would ask that these new townhomes be required to be owner-occupied for the first two years before transitionincl into rental units. City Attorney h/Villiam Seligmann said that limitation could become a condition of approval. Commissioner Kendall said that she is pleased to hear about micro-units that are small but also more affordable. She added that she supports the staff recommendation on the BMR units. Planner Daniel Fama reported that the requirement for owner-occupation of the townhome unites for the first year before one can become a rental unit is contained within the CC&R's. Commissioner'Young: • Agreed that there are growing pains in this area. • Reported that his is a one-car family now and his household uses a lot of alternative tiransportation. • Said he too supports staff's recommendation on the BMR units. Campbell Planning Commission Minutes for October 27, 2015 Page 14 • Reminded that streets are public and so is parking along them. • Added that he likes the appearance of the project as proposed and encouraged the inclusion of some sort of public art. Commissioner Kendall asked Commissioner Young what kind of public art. Commissioner Young said that while he's good with the big idea concept of public art he has no specific recommendation of what form that art should take. He would defer that recommendation to the Civic Improvement Commission. Commissioner Rich agreed that a free Eco-Pass in perpetuity is unreasonable and asked the other Commissioners what is supportable. Commissioner Kendall said one or two years. Commissioner Rich said one year. Commissioner Bonhagen said he wants users to have to pay a part of the cost to achieve "skin in the game" whereby they'd more likely use the Eco-Pass. He said the provision should be during the first year of residency. Commissioner Rich said that it should be just one year no matter what is offered be it full cost or percentage of cost of the Eco-Pass being provided to residents. Director Paul Kermoyan: • Reminded that the Commission will be forwarding its recommendations on to Council. • Questioned why provision of sponsored Eco-Passes should be limited given that the City's TOD (Transit Oriented Development) standards encourage mass transportation use. • Said that it is an important policy decision to explain why it suffices to have the limited duration provision of these Eco-Passes. Commissioner Dodd asked what St. Anton required as she is looking for consistency. Director Paul Kermoyan: • Said that Bay West and St. Anton both have the requirement in perpetuity to provide Eco-Passes. • Added that if something different is decided here, those previous applicants might come back asking for modifications to match what is set here. • Questioned why just one year of Eco-Passes is recommended. Commissioner (Dodd: • Said that her concern is consistency with what was required for the other recent developments. • Added that the cost to Robson is not a big concern to her. That cost will be passed on to the consumer. That's the way business works. Campbell Planning Commission Minutes for October 27, 2015 Page 15 • Stated that she likes one year for the Eco-Passes. She does not like to have two different policies. • Said that she also supports the staff recommendation on the BMR units. This can help establish expectations for developments in our area. • Suggested the possibility of limiting overnight parking on the street using signage to allow routine maintenance of the streets (sweeping) to occur. • Said that she really likes the new design although she is not a fan of the size of the 16-unit apartment building. • Asked staff to ensure that future street section plan sheets provided include text in larger print that's easier to read. Commissioner Rich asked if the restricted overnight parking is proposed all seven days of the week or just on specific days. City Attorney William Seligmann advised that the Planning Commission has no authority to direct activities on the public right-of-way. They can however forward recommendations on such requirements on to the Council. Director Paul K:ermoyan: • Warned that Public Works has not studied what is being discussed in regards to signage to limit street parking. • Cautioned against forwarding a recommendation on something that has not been studied. • Advised that Public Works Director Todd Capurso is present if the Commission has questions for him. Chair Finch asked if street sweepers still come around. Todd Capurso, Public Works Director: • Explained that residential streets are swept twice a month. • Added that scheduling is more complicated in areas that include both residential and commercial uses since commercial sweeping is done earlier than residential sweeping is done. • Said that signage could be considered, if needed, but the need will be determined later. Chair Finch asNced of areas in Campbell are posted for sweeping. Director Todd Capurso said no. There was some signage on McGlincy for only for a short period of duration. Chair Finch asH;ed about the suggestion made for installation of speed bumps. Director Todd Capurso: • Said that there is no speed bump program in place now. That is likely to be revisited in 2016. Campbell Planning Commission Minutes for October 27, 2015 Page 16 • Added that: consideration would be on a case-by-case basis and analysis of average daiily volume versus posted speeds. Planner Daniel Fama: • Said that in the interest of consistency, the St. Anton and Bay West developments were both Density Bonus projects. • Added that per the memo provided by VTA for this project, they are suggesting the more flexible program that calls for subsidy by management to the renters. Commissioner Bonhagen asked how the Eco-Passes are distributed. Planner Daniel Fama explained that all residents (ages 5 years and above) are enrolled. There is an averaging of cost. Commissioner Bonhagen asked if the apartments have garages. Director Paul Kermoyan said that they all have garages. He clarified that the Eco- Passes are for the apartments and not for the townhome units. With the other developments it was all units that were included. Commissioner Dodd asked what justification is needed for Council. Commissioner Reynolds: • Advised that he would not support the Eco-Pass requirement at all. • Explained that he personally would not use Light Rail/Eco-Pass. • Said that for him it would take him two hours to use public transportation to get to his job at Mountain View instead of 20 minutes by car. • Stated that if work is not accessible by Light Rail than people will not use it. • Said that he would support the BMR distribution as proposed by the applicant. • Opined that public transit needs a lot of work. Chair Finch: • Agreed. • Said that she likes the revised elevations and the fact that the apartments are front- facing the street rather than the garages. • Said that she is conflicted on the issue of Eco-Passes. She doesn't want to see them given 'to people who will never use them. • Agreed that users should pay for part of the cost. • Said that the precedent for low-income BRM units has been set by Council. • Said that the Eco-Pass requirement for the other projects was due to the Density Bonus they obtained. That is a different animal. • Admitted that she would like to see speed bumps. They are in place on both Almarida and Central Avenue and she likes them there. • Advised that she doesn't like the idea of signage restricting street parking. • Agreed with Commissioner Bonhagen on the subject of supply and demand when it comes to development of more housing. Creating more housing is helping to solve the problem of supply and demand. Campbell Planining Commission Minutes for October 27, 2015 Page 17 Commissioner Kendall: • Said that some transit incentive is necessary and that one year may not be enough while forevE~r (in perpetuity) may be too much. • Added that while this is a TOD development, she doesn't want to see transit provided to those who would never use it. It shouldn't need to be provided to every resident. Commissioner Reynolds pointed out that this is a project cost as the Eco-Pass program requires a pass be purchased for every resident. Commissioner Rich suggested providing information within the lease packet that informs new residents of mass transit opportunities. Commissioner Dodd asked why staff is recommending a change in the BMR unit breakdown. Director Paul N~ermoyan said that the Planning Commission did recommend low and moderate-incorne BMR unit. Council changed it. The Ordinance language reads "and" rather than "or" whereby one of each should be provided. Commissioner Reynolds pointed out that four of the five current members of Council are former Planning Commissioners. Motion: Upon motion of Commissioner Young, seconded by Commissioner Dodd, the Planning Commission took the following actions: • Adopted Resolution No. 4253 recommending approval of an addendum to a previously-adopted Mitigated Negative Declaration; • Adopted Resolution No. 4254 recommending approval of a Modification (PLN2015-171) to a previously approved and modified Tentative Vesting Subdivision Map (PLN2013-339/ PLN2015-49), with the BMR units allocated per the staff recommendation; • Adopted Resolution No. 4255 recommending the approval of a Modification (PLN2015-170) to a previously approved and modified Planned Development Permit and Parking Management Plan (PLN2013-337/ PLN2015-48), with a requirement (Condition 5) to provide aone-year Eco-Pass for every resident over the age of 5 residing in the rental units, subject to the conditions of approval; and • Adopted Resolution No. 4256 recommending approval of a Tree Removal Permit (PLN2015-173), subject to the conditions of approval, to allow an expansion of an approved (two-phase) residential development including the addition of less than '/Z acre of property and an increase from 100 units to 118 residential units (90 townhomes and 28 apartment units), a reduction to the Campbell Planning Commission Minutes for October 27, 2015 Page 18 required number of on-site parking stalls, and removal of protected tree(s), on properties located at 180, 186, 190, 230, 240, 260, 272, 280, 282, and 290 (portion) Dillon Avenue; 466, 472, 482, and 488 Sam Cava Lane; and 186 Gilman Avenue, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Rich and Young NOES: Reynolds ABSENT: None ABSTAIN: None Chair Finch advised that this item would be considered for final action by the City Council at its meeting of November 17, 2015. *,~~ Chair Finch read Agenda Item No. 4 into the record as follows: 4. PLN2015-243 Public Hearing to consider the application of Alka Montessori for a Modification (PLN2015-243) to a previously approved Conditional Use Permit (PLN2011-316) with Site and Architectural Review to allow the construction of an 1,740 square-foot building to expand an existing commercial daycare center, located at 70 S. San Tomas Aquino Road in the C-1 (Neighborhood Commercial) Zoning District. Staff is recommending that this project be deemed Categorically exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Planner. Daniel Fama, Associate Planner Mr. Daniel Farria, Associate Planner, presented the staff report. Chair Finch asked if there were questions of staff. Commissioner Rich asked staff if the Church's concerns have been satisfied with the changes. Planner Daniel Fama said that the applicant said that was the case. The Church has representatives here this evening. Commissioner Reynolds asked staff if the easement is being used. Planner Daniel Fama replied that the easement cannot be removed as it also serves as an access easement in addition to being a utility easement. Commissioner Dodd provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project on October 13, 2015, and was generally supportive with the recommendation for adequate internal signage. Campbell Planning Commission Minutes for October 27, 2015 Page 19 Chair Finch opened the Public Hearing for Agenda Item No. 4. Atul Sharma, Applicant: • Said that they have been at this location for three years now and they want to increase their capacity. • Reported that they had an agreement with the Church but there was a legal dispute that has since been settled. • Advised that he went ahead and withdrew the approved Modification and submitted this new application where all associated uses and parking would occur on their own site. • Assured that they have followed all requirements including setbacks, site coverage, architectural appearance, colors, parking and play area. This proposal should satisfy everyone's concerns including the Church next door. Hogan Lee, Representative for the Silicon Valley World Baptist Church: • Thanked staff for their work. • Said that they have two issues with the plan that they object to. • Said that the new building is set back by five feet and the roofline drops right at the property line. The existing building is set back further (6'8"). They are asking that the new building be aligned with the original existing building. • Added that they are also asking that the exit/entrance to the building as well as the gate leading into the breezeway from the driveway be eliminated. Atul Sharma, Applicant: • Said that a normal width driveway is 20 feet. This driveway is 25 feet wide. • Pointed out that the new building is further away (at 27 feet). There is no reason for any car to feel constrained. • Advised that this gate is not for the children to use. Children are brought to the school by their parents. They are pre-school aged children. The gate is for delivery use as well as offering another emergency exit. Commissioner Dodd asked if the walkway on that side was being removed. Atul Sharma replied yes. Chair Finch closed the Public Hearing for Agenda Item No. 4. Commissioner Dodd: • Said that the gate is just for deliveries. • Said that SARC looked at the proposed articulation and found that it gave more definition on the side. • Advised that this applicant went through all items and made accommodations. Commissioner Rich said that based on the modifications made, he has no concerns and supports this request as it is. Campbell Planning Commission Minutes for October 27, 2015 Page 20 Motion: Upon motion of Commissioner Rich, seconded by Commissioner Kendall, the Planning Commission adopted Resolution No. 4257 approving a Modification (PLN2015-243) to a previously approved Conditional Use Permit (PLN2011-316) with Site and Architectural Review to allow the construction of an 1,740 square-foot building to expand an existing commercial daycare center, located at 70 S. San Tomas Aquino Road, subject to the revised conditions of approval, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None 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. 5 into the record as follows: 5. PLN2015-294 Public hearing to consider a City-initiated Zoning Text Amendment (PLN2015-294) to amend the Campbell Zoning Code to create regulations for payday lenders and check cashing establishments. Staff is recommending that this project be deemed exempt from CEQA under Section 15061.b.3. Tentative City Council Meeting Date: November 17, 2015. Project P/anner.~ Naz Pouya, Planner Ms. Naz Pouya, Staff Planner, presented the staff report. Chair Finch asked if there were questions of staff. Commissioner Rich asked staff to show the slide depicting the five quadrants. There are five proposed quadrants and six existing check cashing businesses. Planner Naz Pouya clarified that there are five stand-alone check cashing businesses and one liquor :store that offers check cashing services. City Attorney V'Villiam Seligmann advised that per this draft amendment to the Zoning Code, a total of five could continue. Commissioner Rich asked how it is determined which business gets which quadrant. City Attorney ~'Villiam Seligmann said that it doesn't even have to be one of these existing but operators. It could be someone new. It's whoever applies first. Campbell Planning Commission Minutes for October 27, 2015 Page 21 Commissioner Bonhagen asked if the five quadrants overlay with existing check cashing locations. Planner Naz F'ouya said that two are currently in C-1 (Neighborhood Commercial) Zoning. Director Paul Kermoyan said that one payday lending location would be allowed in each quadrant. Planner Naz Pouya said except for Zone C (Bascom). Director Paul Kermoyan: • Said that existing payday lending establishments would need to amortize out within two years. The ordinance is structured to offer opportunities spread throughout the community. • Explained that C-2 (General Commercial) Zoning has a higher concentration of commercial uses. Commissioner Bonhagen asked why this process was started. City Attorney William Seligmann replied that it is a high level Council priority. Commissioner Rich pointed out that some communities, such as Menlo Park, do not allow these at all. Chair Finch asked staff why check cashing businesses are out of bounds in low- income areas. Director Paul Kermoyan: • Explained that this Ordinance is intended to create zoning standards that help identify where things should occur. There are assumptions made as to how many of some businesses are needed in the community. For example there is a limit on the number of storage facilities allowed in the City of Campbell. The established standard is one storage facility per every 8,000 in population. There is a limit on pawn shops. That limit is one citywide. • Stated that the Ordinance establishes that while payday lending/cash checking businesses should be allowed, they should also strategically be spaced out throughout i:he City. Commissioner Rich said that he supports that thought. These types of "loans" have a negative impact low income people. Chair Finch opened the Public Hearing for Agenda Item No. 5. Paul Soter, Attorney, San Francisco: • Said that he is here representing a Campbell based Check Cashing business owner, Check to Cash. This business owner makes his living and employs two. Campbell Planining Commission Minutes for October 27, 2015 Page 22 • Reported that his client was told by the City that he would have to close his business within two years. He considers that a "taking". • Opined that there are inaccuracies in the report and offered to point them out if time permits. • Said that a Variance process is very strict and it is customary to "grandfather" existing businesses when Ordinance changes occur. • Advised that his client has a lease for his location through 2018 with afive-year renewal option thereafter. Commissioner Rich sought verification that the lease is effective until 2018. Paul Soter replied yes. Kyra Kazantzis, Law Foundation of Silicon Valley: • Said that she has been working in Santa Clara County since 2008. • Said that they are asking cities to adopt ordinances overseeing payday lending including a rate cap at 36 percent. • Advised that more than 40 agencies are concerned about payday lending. Studies show how harmful they are on low income families. They tend to be short term loans (two weeks) for a high fee that equals a 400 percent APR (annual percentage rate). These loans are designed to fail. Seventy five (75) percent of the persons taking such payday loans need seven a year. While there is a high payback rate, borrowers fail more than 50 percent of the time. • Explained that when the interest rate was capped in South Carolina at 36 percent, these payday lending businesses left that state saying it was not a viable emergency solution. • Advised that the US Military has established a maximum cap of 36 percent. • Said that Campbell's is an unusual Ordinance. Campbell has a very high rate of such payday loans establishments per capita with one per 10,000 in population. • Suggested capping the number of businesses lower than proposed. • Suggested requiring a brochure be available and distributed at check cashing establishments that provides information on alternatives. • Reported that payday loans are easy and often secured at the spur of the moment. • Agreed that: it is effective to not have these payday loan businesses within low income neighborhoods. Having some space between these businesses and the low income population offers the space to find alternatives. Commissioner Reynolds asked Ms. Kazantzis if these payday loans are known to be sought for illegitimate purposes. Kyra Kazantzis replied that these loans are sought for the same reasons that people use money. The need for these loans demonstrates the chronic income disparity and shortages that many live under. Commissioner Reynolds asked Ms. Kazantzis whether the shutdown of payday loan establishments in South Carolina resulted in some percentage of customers ending up with loan shark type lenders. Campbell Planning Commission Minutes for October 27, 2015 Page 23 Kyra Kazantzis~ replied that most found another way ranging from family, other means and/or waiting a bit longer. Commissioner Rich said that in South Carolina the established interest rate cap made these types of business go away. Menlo Park banned them. Are these methods legally defensik~le? Kyra Kazantzis reported that Los Altos banned future use. Santa Clara County grandfathered existing and banned future payday lending businesses. Some capped the percentage allowed. David Figa, Resident of Los Gatos: • Said that hE~ is with Working Partnerships, USA. • Said that these payday lenders are predators who offer small loans with a high interest ratE:. They are detrimental to communities of color, single women and non- homeowner~s. They go after people who are needy and put them into a cycle that equates to perpetuating poverty. • Stated that the best solution is to have payday lenders give information out on options to this revolving door of debt. • Advised that he supports these proposed zoning restrictions and reiterated that a cap on the maximum interest rate allowed for such loans helps. Paul Soter, Attorney: • Said that the typical duration of a payday loan is actually 31 days. • Added that 'the military received a 35 percent pay increase which helped reduce the need for payday loans by military personnel. • Agreed that a payday loan is a band aide. However, they are already regulated by both State and Federal government. • Stated that those states without payday lending ended up with worse options. • Pointed out that the need for payday loans is a response to life's events. • Suggested that fairness be shown to the existing businesses. Chair Finch closed the Public Hearing for Agenda Item No. 5. Commissioner Bonhagen: • Said that hey likes the staff report and proposal. • Suggested perhaps grandfathering the existing businesses or perhaps allowing them to remain longer. • Stated that he agrees with everything else in the report. Commissioner Rich said that he agrees that two years is too short a time. Director Paul Kermoyan said that two years is the original recommendation. While there is no Variance process there is an Extension process if the required findings can be made. Campbell Planning Commission Minutes for October 27, 2015 Page 24 Commissioner Rich: • Suggested raising it to four years as two years is too short. • Supported the provision of a brochure on alternatives to payday loans. Information is powerful. Distribution of said brochure should be mandatory at these establishmE~nts. • Complimented the staff report as complete and comprehensive. Commissioner Kendall: • Said that she feels stricter and would propose banning all future establishments and grandfathering existing uses for five years. • Pointed out that there are already 35 such payday/check cashing establishments nearby in San Jose. Commissioner Young: • Pointed out that the people who utilize these types of loans are usually in survival mentality. • Added that these lenders prey on that desperation. • Stated that if these types of businesses go away something else will fill that void. • Said that he has a couple of recommendations. o Page' 11 of 13, Item D. He proposes to limit signage in windows to a maximum of 10 percent coverage. o Page 8 -Alternatives. Recommended the distribution of aCity-approved informational flyer/brochure that offers financial literacy training. Director Paul k;ermoyan said that code enforcement is done through education and a brochure is one' form of providing information to the public. City Attorney William Seligmann clarified that this Ordinance reflects land use regulations and not business regulation. The State has lending regulations in place. Commissioner Dodd: • Questioned the need to give the existing businesses five years. If not now, then when? • Stated that two years is enough. These uses are often just a desk in a room. • Pointed out that five such payday/check cashing establishments is a lot. Three is more appropriate for a city that is the size of Campbell. • Added that this is a business of opportunity. Most people could benefit from some reflection time. • Reiterated that two years is enough. • Concluded that she likes the idea of a window signage limitation. Commissioner Reynolds: • Said that hey has given this issue a lot of thought. • Admitted that he doesn't like the term "predatory" lender. This is a service/business industry. It's a convenience business. • Pointed out that we all have choices. • Opined that an outright ban would have a negative impact. Campbell Planning Commission Minutes for October 27, 2015 Page 25 • Added that he is okay with adjusting locations and the number of businesses allowed but not with an outright ban of such uses. He agrees with the zones (quadrants) recommended by staff and a ratio of one such business per every 15,000 in population. Commissioner Dodd said that existing businesses could relocate nearby in San Jose. Commissioner Bonhagen: • Said that there are likely some non-profits with existing brochures that are applicable and effective that they would be willing to allow us to distribute in Campbell. • Advised that he is in favor with the staff recommendations on this. • Pointed out that even San Jose has a maximum number allowed at 39. • Said he could support one Extension per existing location. Director Paul Kermoyan advised that the draft Ordinance currently has no cap on the number of extensions. Commissioner Rich said he could support atwo-year extension if the business can show a lease agreement is in place to that point. Director Paul Kermoyan referenced the findings on page 12 of 13. Chair Finch supported limited such uses to one per 15,000 in population and stated that one cannot legislation choices. Commissioner Reynolds said that although the Commission will be forwarding a recommendation on to Council regarding this ordinance, he would propose also forwarding a recommendation to Council to suggest the City take action to support setting (capping) interest rate limits for these types of businesses. Director Paul Kermoyan said that if the League of California Cities wants to take action they will ask cities to participate. Chair Finch agreed and said that would be more of a political issue than a land use issue. Motion: Upon motion of Commissioner Bonhagen, seconded by Commissioner Kendall, the Planning Commission adopted Resolution 4258 recommending that the City Council approve a City-initiated Zoning Text Amendment (PLN2015-294) to amend the Campbell Zoning Code to create regulations for payday lenders and check cashing establishments, with the added limitations of three such businesses in the City and limited window signage to 10% of window area, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and Young Campbell Planning Commission Minutes for October 27, 2015 Page 26 NOES: None ABSENT: None ABSTAIN: None Chair Finch advised that this item would be considered for final action by the City Council at its meeting of November 17, 2015. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 11:56 p.m. to the next Regular Planning Commission Meeting of November 10, 2015. ~~, SUBMITTED BY: ~ Corinne Shinn, Recording Secretary APPROVED BY: ATTEST: ~- \ Pau erm yan, Secretary