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PC Min - 12/08/2015CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of December 8, 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: DECEMBER 8, 2015 CITY HALL COUNCIL CHAMBERS TUESDAY Rni i rni i Commissioners Present 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 Commissioners Absent: Staff Present: APPROVAL OF MINUTES None Community Development Director: Associate Planner: Associate Planner: City Attorney: Recording Secretary: Paul Kermoyan Daniel Fama Stephen Rose William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission minutes of the meeting of November 10, 2015, were approved as submitted. The meeting of November 24, 2015 was cancelled. (7-0) Campbell Planning Commission Minutes for December 8, 2015 Page 2 COMMUNICATIONS None AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None CONSENT There were no consent items. PUBLIC HEARINGS *** Chair Finch read Agenda Item No. 1 into the record as follows: 1. PLN2015-255 Public Hearing to consider the application of Arash Moradi for a Site and Architectural Review Permit (PLN2015-255) with an associated Tree Removal Permit (PLN2015-316) to allow construction of a new two-story single-family residence and removal of a cedar tree on property located at 1443 Harriet Avenue in the R-1-9 (Single-Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision 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 of staff. She asked staff if there is a color board with the new color scheme. Planner Stephen Rose said there was and it was distributed. Commissioner Kendall provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project at its meeting on November 24, 2015 and was supportive with the recommendations to reduce the driveway width so it is consistent with the garage width and utilize a more contrasting color palette Campbell Planning Commission Minutes for December 8, 2015 Page 3 Director Paul Kermoyan clarified the color board shown on the screen is the revised one. Chair Finch opened the Public Hearing for Agenda Item No. 1. Paula McCarthy, Resident on Van Dusen Lane: • Explained that her home is located kitty-corner from this property. • Added that she is glad to see a new house proposed for this property and she is supportive of it. • Reported that this property has been a huge concern to the neighborhood for a number of years. It was abandoned with food and other items remaining behind. There are rodents everywhere. • Requested that there be a condition requiring rodent extermination prior to demolition. • Reiterated that she welcomes this project and is glad to see this property improved. Jo-Ann Fairbanks, Resident on Hamilton Avenue: • Said that shie has three concerns about this application. • Reported that she is sad to see a loss of trees particularly an oak that is in the back. • Added that she prefers to see native replacement trees. • Advised that she feels strongly about any imposition into privacy and/or sunlight planes of adjacent properties. • Pointed out that there are windows in this new home that look out onto the adjacent property on which there is a one-story home, offering views into that home's yard. Paula McCarthy: • Asked whether the front door of this new home faces/fronts onto Harriet or Van Dusen. • Said that the assigned address should match the street on which the front door is situated. • Advised that as to the privacy issue just raised, most homes in this neighborhood are two-story and she doesn't think this home will interfere with its neighboring home or yard. Chair Finch closed the Public Hearing for Agenda Item No. 1. Director Paul Kermoyan: • Explained that the issue of exposure to sunlight is an important consideration that staff considers. • Added that the home utilizes a gable roof and the home is 18 feet from the property line. The windows on the second story, right side, serve a staircase to provide natural light. The others are for a kids' play area. • Stated that use of rooms is considered. • Assured that impacts are considered and minimized. Campbell Planning Commission Minutes for December 8, 2015 Page 4 Chair Finch reported that SARC discussed at its meeting that the elevation of this home appears much larger than it actually is. Commissioner Rich asked if the requirement for rodent extermination services can be imposed as a condition of approval. Planner Stephen Rose referenced Condition 6-A that requires such service and advised the Commission that this is new standard requirement for pest control. Commissioner Reynolds: • Stated that he was impressed with the architectural design of this home. It has a barn-like or cannery-like appearance that makes it seem native to Campbell. • Concluded that this design fits in well and he is impressed and will support this proposal. Commissioner Rich: • Said that he: had similar reaction to the design and is impressed with it. • Reported that there is a home in his neighborhood that has a similar roofline. • Stated that he would be supportive. Motion: Upon motion of Commissioner Bonhagen, seconded by Commissioner Dodd, the Planning Commission took the following actions: • Adopted Resolution No. 4264 approving a Site and Architectural Review Permit (PLN2015-255) to allow construction of a new two-story single-family residence; and • Adopted Resolution No. 4365 approving a Tree Removal Permit (PLN2015-316) to allow the removal of a cedar tree on property located at 1443 Harriet Avenue, 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 action is final unless appealed in writing to the City Clerk within 10 calendar days. *** ORAL REQUESTS Chair Finch recognized Dr. Eric Andrew, Superintendent of the Campbell Union School District and invited him to approach the Commission as she understood he had something to discuss with the Planning Commission. Campbell Planining Commission Minutes for December 8, 2015 Page 5 Dr. Eric Andrew, Superintendent, Campbell Union School District: • Reported that he moved to Campbell about six years ago • Advised that he wanted to discuss the issue of housing and how that issue pertains to teachers. • Added that it is important to be able to recruit and retain the best teachers around. Unfortunately, many cannot afford to live here. • Lamented tine past and future losses of administrators and teachers. • Reminded that there is a teacher shortage in California and the nation. Fewer are training for teaching careers. • Added that his district pays "pretty good" but the cost of living in the community is still impacting them. It is harder to get younger teachers to come here. • Stated that there is a need to develop a dialog to build and plan for housing teachers can afford. Commissioner Rich asked staff if it is possible to keep the Campbell Union School District aware of those developments that will include affordable units when they become available. Director Paul K.ermoyan: • Said that he' was just asking the City Attorney about that. • Explained that in the City's Code hierarchy, the priority eligibility begins with City employees. Next people currently working in the city. The third priority is general population. • Added that staff is working on improving the website used to provide information. • Advised that staff is working on a RFP (Request for Proposals) to secure a contract with a firm to manage part of the City's housing program. • Stated that the possibility of targeting specific professionals can be looked at. Commissioner Bonhagen said that issue affects the real estate profession as well. Commissioner Dodd: • Reported that she moved to Campbell when she moved to the school district. • Stated that it is important to live where ones students live. That creates a stronger school. City Attorney ~Nilliam Seligmann cautioned against speaking too much more on this issue as it is not an agendized topic for broader discussion this evening. *** Chair Finch read Agenda Item No. 2 into the record as follows: Campbell Planining Commission Minutes for December 8, 2015 Page 6 2. PLN2015-270 (S) Public Hearing to consider the application of ARC TEC Inc., PLN2015-322 for a Site and Architectural Review Permit (PLN2015-270) (TRP) allow exterior improvements to existing commercial buildings within the Vasona Technology Park, restriping of the parking lot increasing the number of stalls, and creation of new courtyards, and a Tree Removal Permit (PLN2015-322) to allow for the removal of 21 on-site trees, for properties located at 1315 Dell Avenue, 1353 Dell Avenue, 210 E. Hacienda Avenue, and 200 E. Hacienda Avenue in the C- M/80 (Controlled Manufacturing) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report. Chair Finch asked if there were questions of staff. Commissioner Kendall: • Pointed oui: when established trees are removed and replaced, the replacement trees will need more water at first. She asked if that fact is taken into consideration. • Asked if landscape plans are vetted to see if there is a real need to remove trees. • Asked if any thought/discussion is given to working around existing trees instead of removing them. Planner Daniel Fama: • Replied that it is a value judgement as to whether a tree is valuable enough to build around. • Reiterated that in this case the trees are small and their removal is needed in order to add those courtyards. • Advised that the project could be continued to allow the opportunity to consider other options to removal but admitted that he is not sure if these trees require that level of review. • Added that these new outdoor spaces (courtyards) will be available for use by all of the business park tenants. Commissioner Rich asked about the signage plan. Planner Daniel Fama explained that the signage plan that was approved was submitted by the previous property owner. The current property owner plans to submit a new master sign plan that will be brought forward to the Planning Commission. Commissioner Kendall asked if there is any use of brass or copper accents on this building. Campbell Planining Commission Minutes for December 8, 2015 Page 7 Planner Daniel Fama said that the material proposed is aluminum paneling. Commissioner Kendall provided the Site and Architectural Review Committee report as follows: • SARC reviewed this item on November 24th and was supportive as presented. Chair Finch opened the Public Hearing for Agenda Item No. 2. Jim Fulton, Applicant for ARC TEC: • Explained that their new planting is drought tolerant. • Added that the trees proposed for removal are outgrowing their planters and cracking the' drives. • Said that the trees they proposed to replace them with have deeper and stronger root systerris and will also be more appropriate for their proposed contemporary architecture. Commissioner Kendall asked Jim Fulton if everyone on site will be able to use the open space. Jim Fulton replied yes. Commissioner Kendall asked Jim Fulton if any of the metals used on the exterior are such that would turn green. Jim Fulton replied no. Jo-Ann Fairbanks, Resident on Hacienda: • Said that she wants to address the issue of trees. • Reported tl'iat this project includes the proposed removal of six coastal redwood trees. • Said that she is asking that those trees instead be retained. They are designated on the plan as trees 128 through 133. These trees represent a small stand. This is a valued species that is California native known for resiliency. Of those six trees, four have fair to good ratings. • Said that this is an environmental issue and retention helps to protect the environment. These trees are known for holding and sequestering carbons. Dell Avenue contains forests of these trees. • Reminded that Campbell is an "Orchard City". • Asked why there is no attempt to accommodate these six trees. • Suggested that oversight be changed tonight. Commissioner Kendal asked Jo-Ann Fairbanks which trees she refers to. Commissioner (Rich said that it is trees 128 through 133. Commissioner IBonhagen asked Ms. Fairbanks why she supports retention of these six trees over all that are proposed for removal with this application. Campbell Planning Commission Minutes for December 8, 2015 Page 8 Jo-Ann Fairbanks said that these trees are redwoods located in the courtyard they are revamping. Ors the plans it is indicated that they might be included/retained. Commissioner Bonhagen said that four seem to be in acceptable condition while two are rated in poor condition. Jo-Ann Fairbanks said that the City's tree canopy is destroyed one tree at a time. Director Paul Kermoyan said that these trees are centered in the middle of the property. Chair Finch closed the Public Hearing for Agenda Item No. 2. Commissioner Kendall: • Said that she likes the proposed colors as well as the new signs, which are more modern in appearance. • Added that the open spaces look good. • Said that she strongly supports the preservation of the four redwoods rated to be in good condition. • Reminded that there are a lot of trees currently in poor condition as a result of the drought. • Said that st-ie likes the stand (redwood) there. Commissioner Young: • Pointed out that we are always looking for open space opportunities. • Added that it would be good to see more employees utilizing this on site open space rather than driving elsewhere. • Said that the issue seems to be between provision of open space and retention of existing trees. Commissioner Reynolds: • Said he agrees that there is justification to remove the two poorly rated trees. • Asked the distance between the other four redwood trees slated for removal. He said that redwoods need to be clustered rather closely. • Inquired just how far apart these trees are. Is it 10 feet? Is it 20 feet? • Reiterated that these are not solo trees but require to be within a cluster. • Said that if they are 20 feet apart or more, he has no problem with their removal. If they are closer (less 10 feet) than he is more concerned with their removal. Planner Daniel Fama said that they are clustered near one courtyard area. Commissioner Reynolds: • Explained that with that distance between the trees, they are not forested so he is okay with their removal in this situation. • Added that the benefit is the gain in usable open space on site so that employees can stay on site rather than drive elsewhere. Campbell Planning Commission Minutes for December 8, 2015 Page 9 Planner Daniel Fama said that they are between 10 and 20 feet apart. Director Paul NCermoyan referenced Attachment 8 (arborist report) that indicates trees 128, 129, 131 and 132 as rated to be "fair" while trees 130 and 133 are rated as "poor". Commissioner Rich said that with the intent to create usable open space, he could support the rernoval of the two trees ranked as being in "poor" condition while the four others rated higher should better be retained. Commissioner Dodd: • Referenced Sheet L02 that indicates some trees in a grove being retained. • Added that she can support a balance between the provisions of new open space with the loss of some trees. • Stated that it is nice to get people outside. Chair Finch: • Stated the need for safety and gave credit to the design of a raised pedestrian walkway in the parking lot. • Said that it is good to get people outside with provision of open space. Suggested the retentioin of three redwoods. Commissioner Bonhagen said he had a question for the applicant. Chair Finch re-opened the public hearing for Agenda Item No. 2. Commissioner Bonhagen asked Mr. Jim Fulton how retention of four of the six redwoods might impact their plans for the open space (courtyards). Jim Fulton: • Said that they would have to re-think the design. • Reminded that there is not a lot of opportunity for outdoor open space on site. • Reported that he doesn't like to take down trees if they don't have to. • Added that some are close to a building as was the practice when these trees were planted in the 1980's. Planting so close to a building is no longer done that way these days. Commissioner Reynolds referenced Sheet LL2 that shows remaining trees in the courtyard. Jim Fulton said that is correct. Chair Finch re-closed the public hearing for Agenda Item No. 2. Commissioner Kendall asked staff if a 12-inch diameter tree can be relocated. Planner Daniel Fama said he was not sure but felt it was unlikely. Commissioner Reynolds: Campbell Planning Commission Minutes for December 8, 2015 Page 10 • Said that this is not a forested area as these redwood trees were not placed properly when planted. • Stated that as a result he is okay with the application for tree removal as proposed. • Said that this project will result in beautification of the area. • Agreed that making the decision to remove trees is never easy. Director Paul N:ermoyan questioned where there are four redwoods as he doesn't see multiples depicted on the proposed landscape plan. He said that there is an inconsistency k~etween the plan and the arborist report. Chair Finch said that was concerning. Planner Daniel Fama suggested that the Commission assume that the trees are proposed for removal. Chair Finch suggested a change in wording where instead of "may" be retained it should read "shall". Commissioner Reynolds: • Suggested leaving it up to the arborist to determine if these trees should be kept or removed. • Added that it is not a decision the Planning Commission should make as to safety factor. Commissioner Young pointed out that the arborist has rated each tree. In looking at the arborist re~-ort Trees 128/129/130, which are located within the decking area, could be encompassed in the courtyard plan. Chair Finch said it would be good to include a condition to require three of the redwoods to be incorporated into the decking. Commissioner Bonhagen said that three are rated to be in "good" condition. Commissioner Young pointed out that this is not including the one "fair" rated tree. Chair Finch re-opened the public hearing for Agenda Item No. 2. Jim Fulton: • Pointed out that two are located close to the building (Trees 129/131). • Added that they are also inappropriate for their contemporary architecture. Commissioner Kendall asked Mr. Jim Fulton what he means by inappropriate for contemporary architecture. Jim Fulton explained that it is not responsible as having such trees located too close to a building could result in future damage to a building. Jo-Ann Fairbanks: Campbell Planning Commission Minutes for December 8, 2015 Page 11 • Stated that this is a "stand" of trees. • Added that there are currently tables and benches located beneath these trees. • Reminded 1:hat four of the six trees have a rating of either "fair" or "good". They are healthy and could be incorporated into the plan. • Said that the position of trees near a building can be seen elsewhere (throughout) this complex in similar positions/proximity. • Suggested the saving of the four healthy trees and assured that they would support each other. Chair Finch re-closed the public hearing for Agenda Item No. 2. Commissioner Young suggested the applicant to provide a drawing that shows what the courtyard will look like with the trees retained. Commissioner Bonhagen said he was open to bringing this item back to the Planning Commission at. a future meeting. He admitted that he had not yet had the opportunity to visit this site and has a hard time visualizing this area of the site. Commissioner Reynolds said that he supports a continuance to a date uncertain to allow the more detailed design of this area to be prepared. Chair Finch said that other aspects of this application are clearly supported and it seems the only issue remaining is the issue of these six redwood trees. Commissioner Kendall: • Said that she is not in favor of continuing this item and pointed out that any tree could interfere with a building approximately 50 to 100 years later. • Suggested keeping these trees and redesigning the portion of the site where they are location and approve the rest of the application under consideration. Director Paul Kermoyan suggested a motion to support the project but requiring another look at the trees. Another alternative is to continue this whole project. Commissioner Kendall said she would defer to staff as she trusts they will look out for these trees. Motion: Upon motion of Commissioner Young, seconded by Commissioner Kendall, the Planning Commission took the following actions: • Adopted Resolution No. 4266 approving a Site and Architectural Review Permit (PLN2015-270) to allow exterior improvements to existing commercial buildings within the Vasona Technology Park, restriping of the parking lot increasing the number of stalls, and creation of new courtyards; and • Adopted Resolution No. 4267 approving a Tree Removal Permit (PLN2015-322) to allow for the removal of 21 on-site trees, for properties located at 1315 Dell Avenue, 1353 Dell Campbell Planning Commission Minutes for December 8, 2015 Page 12 Avenue, 210 E. Hacienda Avenue, and 200 E. Hacienda Avenue except for trees 128, 129 and 131, which shall be preserved, 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 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. PLN2014-181 Public Hearing to consider the application of Jeremy Blanchard, for a Conditional Use Permit (PLN2014-181) to allow a controlled (paid for) parking lot with late night activities (24-hour automated operation) on property located at 345 E. Campbell Avenue and 39 N. Central Avenue (portion) in the C-3 (Central Business District) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Associate Planner Commissioner Rich advised the Commission that he had spoken personally with applicant Jeremy Blanchard and the property owner Xavier Sanchez about this project. Mr. Stephen Rose, Associate Planner, presented the staff report. Chair Finch asked if there were questions of staff. Commissioner Dodd asked if the use of the portion of the second parcel results in a change of use. Do the lots need to be merged? Planner Stephen Rose said that the use is not changing. There will be a reciprocal easement in place. Both parcels are zoned C-3 and are owned by the same person. The use is appropriate on both properties with approval of a Use Permit. Commissioner Bonhagen asked if the residence (39 N. Central) is occupied. Planner Stephen Rose said that it is now being used as asingle-family residence but was once used for office use. Campbell Planning Commission Minutes for December 8, 2015 Page 13 Commissioner Bonhagen asked if the resident was okay with this proposal. Planner Stephen Rose said that the property's owner, Mr. Sanchez, is the resident. Commissioner Dodd presented the Site and Architectural Review Committee report as follows: • SARC reviewed this item at its meeting on November 24tH • Said that the recommendations put forth by SARC included a barrier in the middle driveway aisle; signs that convey the parking rates; adequate lighting; transparent fencing to allow visibility onto the site from the street; and the installation of wheel stops to prevent cars from hitting the building walls of the adjacent buildings. Chair Finch requested notification signage that advises when the lot is full and/or if there are spaces available. Chair Finch opened the Public Hearing for Agenda Item No. 3. Jeremy Blanchard, Applicant: • Joked that they would not be removing any trees as they like their "tree". • Added that he is available for any questions. Chair Finch asked about the lights on the building. Jeremy Blanchard said that they have no problem (neither does the adjacent building's property owner) keeping the lights there. They will switch them out to more efficient LED lights. Chair Finch asked about whether he is supportive of this being simply a short term use. Jeremy Blanchard: • Explained that it will take an investment to establish this parking lot so a short-term approval is snot the best thing for them. • Added that this lot has provided service to the Downtown for its events. • Concluded that five years may not be long enough to recover their investment. Commissioner Rich asked Mr. Blanchard what their plan is for overnight parking and on Sundays when the Farmers Market is Downtown. Jeremy Blanchard explained that cameras will record when a vehicle is left. They can be checked from off-site at which time duration of stay for any vehicle can be verified. If it exceeds the paid parking time, they can arrange for a car to_ be towed off the property as the site will be signed to allow that. Commissioner Reynolds asked Mr. Blanchard what term of approval he would prefer to the proposed five-year term. Campbell Planning Commission Minutes for December 8, 2015 Page 14 Jeremy Blanchard said a 10-year minimum. He added that they have along-term lease. Commissioner Rich asked Mr. Blanchard if he is aware of any plans for this property five years from now. Jeremy Blanchiard pointed out that Mr. Headly no longer owns the Orchard Valley building so they plans from a few years ago are no longer likely. He said he is not aware of any pllans for this site by its owner for five years out. Commissioner Bonhagen asked the length for the lease. Jeremy Blanchard said that it is a 7-year lease with options. Kirk Heinrichs, Resident on Lovell: • Informed that this property is prime commercial property and the relevant land use policies are clear. Commercial development is the plan. • Advised that he has known Xavier Sanchez for 25 plus years. • Stated that this is just the wrong use for this site. • Cautioned that once parking is established here it will stay here. • Added that 25 spaces will not make a difference in the need for parking in Downtown Campbell. • Pointed out that plenty has been invested in development in the Downtown. • Stated that this is a property that needs to be developed with a commercial building. • Opined that even if people use this parking lot that doesn't mean it's the right thing to do. Commissioner Bonhagen said that he was not yet here the last time this parcel was used for parking in the Downtown. What is different today than when it was allowed previously? Kirk Heinrichs: • Reported that the City and Redevelopment Agency leased the lot before the Second Street parking garage was built. • Admitted that in hindsight the City should have terminated the lease once the garage was completed but people were used to having it available by that point. • Stated that Campbell's Downtown is too small to give up prime commercial space in this way. It has already sat there vacant for 25 years. • Added that Mr. Sanchez had wanted to merge his vacant lot with the adjacent property (Orchard Valley building) and the museum parcel for development. • Asked that the Commission not think short term here. • Said that there are proper places for parking and this is not one. Jeremy Blanchard: • Said that he appreciates what Kirk Heinrichs is saying but times change. • Reminded that a parking lot is a form of development. Campbell Planning Commission Minutes for December 8, 2015 Page 15 • Pointed out community uses of this parcel that have occurred. The Carole of Lights was held there recently. First Fridays are held there and Beer Gardens are placed there during the Downtown festivals. Brooke Ramirez, DT Business Owner, Bombshell Boutique: • Stated that she has been in Campbell now for nine years. • Said that she is in favor of having a parking lot on this property since parking is an issue in the downtown especially for a small business like hers. • Reminded that many community events are held in this lot. • Added that a lot of retailers don't want to come in due to a lack of parking. • Said that more restaurants were not needed at this time. Todd Ulery, Business Owner, Jewel Box: • Said that he purchased his downtown location in 2010 in a building across the street from this vacant lot. • Added that he saw a decrease in business once the parking in this lot ceased and it was chained off. • Opined that developing this lot with a building is not the right thing for this time. • Stated that business suffers when this lot is not available and the closure has cost him money in lost business. • Said that this new parking will support a tot of downtown businesses and recommended that it be approved for at least 10 years. John Perriera, Business Owner, Cali Muscle: • Said that hey is here in support of this parking lot. • Recounted that some of his clients won't come to his business after 6 or 7 p.m. due to limited parking availability. • Stated that he loves being in Campbell and wants to stay here Chair Finch closed the Public Hearing for Agenda Item No. 3. Commissioner Bonhagen: • Stated his agreement with Mr. Heinrichs that this proposal is not the highest and best use of that property but also pointed out that this property has been vacant for years. • Added that it had previously been used as a parking lot. • Said that while he understands the City's preference for a nice development (building) there, the pros of this parking lot proposal outweigh the cons. • Said that if searching for reasons not to support this parking lot, one might be that this lot could result in creating more demand for parking in the Downtown by creating more supply. Commissioner Reynolds: • Agreed that: good points were made by Mr. Heinrichs and the fact that this is a prime commercial parcel in the Downtown for which there is a long-term vision in place. However, this lot has remained vacant for years. Campbell Planning Commission Minutes for December 8, 2015 Page 16 • Added that the current owner is willing to lease this land for this time frame, which means he is not ready to develop this land within this time frame. Therefore, he can see this lot sitting empty for another 10 years. • Pointed out that parking (the lack of parking) has been raised as an issue of the Downtown. This lack of parking is impacting the retail uses but not the restaurants. • Said that he'd like to see this site developed but doesn't see it happening in the next five to ten years. Therefore, he is willing to support a parking lot here as a seven-year use. • Reminded that this parcel is an open space for the Downtown that has been utilized during community events. It is an asset in our Downtown. • Reiterated his support for aseven-year Conditional Use Permit to allow for a parking lot during that time frame. Commissioner Rich: • Agreed that this parking lot might not be the highest and best use. • Added that this parking lot proposal is a good middle ground use. • Questioned what would happen in 2020. • Concluded that he is supportive as proposed with some concerns. Commissioner Bonhagen said that they could keep coming back to renew thereafter. Director Paul Kermoyan: • Said that it is not uncommon for holders of limited duration Use Permits to come back seeking renewal. • Reminded that a Conditional Use Permit is a tool to help control or govern a use. Proposed changes would come back to the original decision makers. Commissioner Rich said that while this is not the highest and best use of this site the question remains how to reach that ultimate goal. Commissioner Bonhagen: • Said that it is up to the property owner to decide when and if he wants to develop his property or to let it remain vacant. • Pointed out that the City could not force Mr. Del Grande. • Stated that providing a limited term approval allows the City to look at this location again and extend it as appropriate. • Reminded that this property owner still has property rights. • Added that parking is going to help the Downtown. Chair Finch re-opened the Public Hearing for Agenda Item 3. Xavier Sanchez, Property Owner: • Reminded that he previously had a development plan with Mr. Headly that included the possible use of the Fire Station site as well but the Historic Preservation Board was against. including the Fire Station site. Campbell Planning Commission Minutes for December 8, 2015 Page 17 • Advised that he would like to utilize this site for the next seven years as a parking lot during which time he would continue to plan for athree-story commercial building with condos above on this property. • Said that this will be the nicest parking lot possible that is needed more than an additional restaurant at this time in the Downtown. • Pointed out that money is needed to do a development. • Stated that he has always tried to help the City. • Asked that these guys be given the chance to run this lot. Chair Finch thanked Mr. Sanchez for his willingness to allow use of his lot in the past during Chamber community events. Chair Finch re-closed the Public Hearing for Agenda Item 3. Commissioner Kendall: • Said that it is better if this lot is used in any way than not at all. • Stated that the proposal here is for a parking lot and will involve beautification of the lot that will make it a place to gather and allow it to become integrated into the City. Commissioner Young: • Reminded that the Use Permit for Carden Day School has been extended over time. • Added that there had been much discussion in the past about another nearby site (Lloyds Square) regarding the potential of allowing a Steak N' Shake restaurant versus the long range goal of redeveloping of the site with amixed-use. • Pointed out that this proposed parking lot could become an issue if cars that have turned into t:he lot have to back out into the street in the event the lot is full. • Said that having this is somewhat an open space. • Questioned what we'd get if this use is not allowed. • Advised that he doesn't like the existing chain that is in place currently blocking access to the site. Commissioner Dodd: • Agreed with Commissioner Young. • Added that she is glad that there is a long-term vision in place. • Said that these applicants will be investing in the future with the establishment of this parking lot. They will likely come back later saying that they have invested in their lot and need more time. • Said that this lot is a small area and there could be a possible flow of traffic problem there. • Reminded that this parcel doesn't have any walls. Those walls in place belong to the adjacent property owners. • Said that there is not a lot of beautification possible. • Concluded that with his property rights, if he wants a parking lot he can have one. Commissioner Sonhagen: Campbell Planning Commission Minutes for December 8, 2015 Page 18 • Agreed with Commissioner Dodd that the existing building walls are not a part of this property. • Asked if the trees are existing or proposed. Planner Stephen Rose explained that there is one walnut tree on the lot in question and a palm treE; on the adjacent parcel. Commissioner Bonhagen said he could support afive-year approval. He asked if bicycle parking would be possible. Chair Finch: • Said that as an appraiser she deals with determining highest and best uses. They are evaluated by what is economically, physically and legally feasible. • Pointed out that the City is losing retail uses in its Downtown. • Said that this proposal is currently the highest and best use for this lot. • Asked if a condition could be imposed asking the applicant to continue to work with the DCBA (Downtown Campbell Business Association) and the Chamber of Commerce during community events by allowing use of this lot. Commissioner Rich: • Said that hE~ is supportive of this request. This lot has been vacant for four years now. It can become a valuable parking lot. Having the site repaved and striped will be a good improvement. • Stated that there are no cons in this proposal moving forward. It offers a good step in the right direction. Commissioner Reynolds summarized the positions expressed by Commissioners thus far. It seems there is some support for afive-year term and others support aseven- yearterm of approval. He suggested the seven-year term, which runs the length of the lease. Commissioner Young agreed but expressed concern as to whether this might be constricting the long-term vision of this zoning. Commissioner Bonhagen: • Said that while this proposal may tie up the property for a specified period of time, it has been left vacant and available for the last four years. • Stated that he was completely in favor of this proposal. • Added that afive-year approval is good for him. Commissioner Kendall said she was okay with aseven-year approval with no extensions in support of the 2020 General Plan. Director Paul Kermoyan: • Reported that the purpose of a Conditional Use Permit is to determine if a use is consistent with the current vision and policies in place. Campbell Planning Commission Minutes for December 8, 2015 Page 19 • Added that the Commission could not deny this applicant the opportunity to apply for a renewal. Commissioner Kendall: • Stated that she is okay with the possibility of this being an on-going use with many continuances. • Suggested the installation of planter boxes with trellises on this site and cautioned that if such enhancements are not required site beautification will not happen. Planner Stephen Rose said that the plan indicates planter boxes on either side of the proposed park bench. Director Paul k;ermoyan said it would be nice to know if the whole frontage would be improved. Commissioner Kendall suggested green landscaping up to 20-feet in height. Chair Finch suggested that the ultimate landscaping be left to the discretion and approval of the Community Development Director. Director Paul Kermoyan suggested the language, "landscaping to beautify the frontage of the property" be added to the conditions. Commissioner Rich reminded that this property owner, Mr. Sanchez, has committed to allow the use o~F his property for a private parking lot for a period of seven years. City Attorney \Nilliam Seligmann clarified that there would be a problem adding a condition asking the operator to cooperate with community events sponsored by third party entities as had been suggested during the discussion. Motion: Upon motion of Commissioner Kendall, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4268 approving a Conditional Use Permit (PLN2014-181) to allow a controlled (paid for) parking lot with late night activities (24-hour automated operation) on property located at 345 E. Campbell Avenue and 39 N. Central Avenue (portion), subject to the conditions of approval as modified: • Landscaping to beautify the frontage as approved by the Community Development Director • Modify Condition 3 to change the approval from five years to seven years by the following roll call vote: AYES: Bonhagen, Finch, Kendall, Reynolds and Rich NOES: Dodd and Young ABSENT: None ABSTAIN: None Campbell Planning Commission Minutes for December 8, 2015 Page 20 Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** MISCELLANEOUS 4. Selectioin of 2016 Chair and Vice Chair. Motion: Upon motion of Commissioner Kendall, seconded by Commissioner Rich, the Planning Commission elected Commissioner Dodd to serve as Planning Commission Chair for 2016. (7-0) Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Rich, the Planning Commission elected Commissioner Kendall to serve as Planning Commission Vice Chair for 2016. (7-0) Newly appointed Chair Dodd presented the outgoing Chair Finch with the 2015 Planning Commission Chair Plaque. Chair Finch thanked the Commission and staff. **,~ REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan provided the following additions to the written report: • Scramblz was appealed on the last of the 10-day appeal period and will be going before the City Council for public hearing at its February 2, 2016 meeting. ADJOURNMENT The Planning Commission meeting adjourned at 10:45 p.m. to the next Regular Planning Commission Meetin of January 12, 2016. SUBMITTED BY: C n inn, Recording Secretary .~ APPROVED B1(: ~ ,i ~?,l.` ~ (.. ~ ,, amel inc~ Ch it ....~'". ATTEST: r Paul Ke mo an, Sec etary