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PC Min - 01/24/2017CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. JANUARY 24, 2017 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of January 24, 2017, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Kendall and the following proceedings were had, to wit: rani i c®i i Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioners Absent: Commissioner: Yvonne Kendall Michael L. Rich Philip C. Reynolds, Jr. JoElle Hernandez Donald C. Young Cynthia L. Dodd Staff Present: Community Development Director: Paul Kermoyan Senior Planner: Daniel Fama Senior Planner: Cindy McCormick Associate Planner: Stephen Rose Planning Technician: Naz Pouya City Attorney: William Seligmanri Recording Secretary: Corinne Shinn APPROVAL OF MINUTES Motion: Upon motion by Commissioner Rich, seconded by Commissioner Hernandez, the Planning Commission minutes of the meeting of January 10, 2017, were approved as submitted. (3-0-1-2; Commissioner Dodd was absent and Commissioners-Reynolds and Young abstained) Campbell Planning Commission Minutes for January 24, 2017 Page 2 COMMUNICATIONS Director Paul Kermoyan listed the table items distributed: 1. Email requesting continuance of Item 1. 2. Several emails regarding Item 3. 3. Modifications to the draft conditions of approval for Item 5. AGENDA MODIFICATIONS OR POSTPONEMENTS Director Paul Kermoyan: • Advised that Item 1 is before the Commission to legitimize improvements made to the front facade of a downtown business location at 296 E. Campbell Avenue that is a current Code Enforcement case. • Added that usually there is a tendency for property owners to drag their feet on Code cases but the business owner is here today. • Stated that the Commission has the choice to honor the property owner's request for a continuance or to decide to hear this application this evening. Commissioner Rich said he recommends waiting. Chair Kendall said that could be discussed when Item 1 is opened after Oral Requests. ORAL REQUESTS None ** PUBLIC HEARINGS Chair Kendall read Agenda Item No. 1 into the record as follows: 1. PLN2016-333 Public Hearing to consider the application of Brian Skarbek for a Site and Architectural Review Permit (PLN2016-333) to allow facade changes on property located at 296 E. Campbell Avenue. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Naz Pouya, Planner Chair Kendall asked the Commissioners if, given the property owner's emailed request to continue and the business owner's presence this evening, the Commission would prefer to discuss this item tonight or to put forward a motion for continuance. Chair Kendall opened the Public Hearing for Agenda Item No. 1 Campbell Planning Commission Minutes for January 24, 2017 Page 3 Phil Cushman, Business Owner, Warm Elements, 296 E. Campbell Ave: • Said that he could use a couple of more weeks to come up with more ideas to update their facade to appease the City. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission CONTINUED CONSIDERATION TO ITS MEETING OF FEBRUARY 14, 2017, a Site and Architectural Review Permit (PLN2016-333) to allow facade changes on property located at 296 E. Campbell Avenue. . (5-0-1; Commissioner Dodd was absent) ** Chair Kendall read Agenda Item No. 2 into the record as follows: 2. PLN2016-286 Public Hearing to consider the application of Tai Hong for a Site and Architectural Review Permit (PLN2016-286) to allow the construction of a new two-story single-family residence on property located at 1639 Walters Avenue. Staff is recommending that this item 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, Senior Planner Mr. Daniel Fama, Senior Planner, presented the staff report. Chair Kendall asked if there were questions of staff. There were none. Commissioner Rich provided the Site and Architectural Review Committee meeting report as follows: • SARC considered this application at its meeting held on January 10, 2017, and was in favor "as is". • Added that SARC had suggested that staff work with the applicant on use of obscuring glass in the upstairs bath window that is located alongside the bathtub. Chair Kendall opened the Public Hearing for Agenda Item No. 2. Chair Kendall closed the Public Hearing for Agenda Item No. 2. Commissioner Young said _he had no issues with this request. It has a beautiful design. He will support it as is. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Rich, the Planning Commission adopted Resolution No. 4357 approving Site and Architectural Review Permit (PLN2016-286) to allow the construction of a new two- Campbell Planning Commission Minutes for January 24, 2017 Page 4 story single-family residence on property located at 1639 Walters Avenue, by the following roll call vote: AYES: Hernandez, Kendall, Reynolds, Rich and Young NOES: None ABSENT: Dodd ABSTAIN: None Chair Kendall advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. ** Chair Kendall read Agenda Item No. 3 into the record as follows: 3. PLN2016-406 Public Hearing to consider the City-initiated Zoning Text Amendment (PLN2016-406) to amend Campbell Municipal Code Sec. 21.42.020 (Site and architectural review permit required) to add an exception to the site and architectural review process for minor additions and remodels to existing single-family residences in the R-1-8 (Single-Family Residential) zoning district that are located outside of the San Tomas Area Neighborhood Plan. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: February 21, 2017. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Director Paul Kermoyan added the following comments to the report: • Advised that this is a different process than the Commission is used to. • Stated that there is no rush to get this adopted. • Explained that he has had a whiteboard brought into the meeting in case the Commission wishes to draw up examples as they discuss options for this Text Amendment. • Reported that he participated in a four-year process that led to annexation of Campbell Village Area into the City of Campbell from 2009 through 2013. • Added that this Text Amendment has gone through several iterations. Chair Kendall asked if there are ariy questions of staff. Commissioner Young asked whether corner lots were being adversely impacted by this amendment. Planner Stephen Rose replied that while the Tier 1 amendment will not benefit corner lots, this text amendment will not hurt them. Commissioner Young asked staff how many property owners from this neighborhood are trying to do such an addition at this time. Campbell Planning Commission Minutes for January 24, 2017 Page 5 Planner Stephen Rose: • Reported that the example used in his report was an actual example from the neighborhood. • Agreed that the Text Amendment would not benefit everyone with just aone-tier approach. • Advised that staff and the Commission are here this evening to explore those options. Commissioner Rich said it is his understanding that currently the Commission is seeing everything from this area. This Text Amendment is an attempt to reduce processing somewhat by having a tiered system depending upon size of project's addition. Director Paul Kermoyan: • Said that the Board of the Campbell Village HOA appreciates the existing two-tier approach of the San Tomas Area Neighborhood Plan. • Explained that with athree-tier approach: o Minor applications (minor projects consisting of less than 500 square feet of additional space which cannot be seen from the public right-of-way) would simply require a Building permit. o Projects with an addition of between 500 to 1,000 square feet would go to an Administrative Site and Architectural Review Permit process at staff level. o Anything above 1,000 would be brought forth to the Planning Commission for a Site and Architectural Review Permit. • Stated that he sees a need to clarify what the term "seen" actually means. Commissioner Rich reminded that the Council's recommendation was to strike Tiers 2 and 3 from the amendment. Planner Stephen Rose clarified that Council didn't think that Tiers 2 or 3 were sufficiently ready for adoption. Director Paul Kermoyan added that a couple of Council Members were willing to move Tier 1 forward to the planning Commission. Planner Stephen Rose said that staff is recommending just Tier 1 based on Council's direction at their Study Session. However, the Planning Commission can choose to act differently if it chooses. Commissioner Hernandez asked staff if Tier 1 ~ reduces the applications coming to the Planning Commission by much. Planner Stephen Rose said that Tier 1 provisions would help those with qualifying projects whose scope falls within the framework of this Text Amendment. Campbell Planning Commission Minutes for January 24, 2017 Page 6 Director Paul Kermoyan reiterated the requirement that the addition must not be "visible" or "seen" from the public right-of-way. That provision will create limitations. "Visible" creates issues and/or complexities. Commissioner Hernandez: • Stated that for a big home a 500 square foot addition may not be much but for a smaller scale home a 500 square foot addition is quite a bit. • Admitted that she finds it hard to believe that any 500 square foot addition would not be "seen" from the public right-of-way. • Asked if there are any designated historic homes in this neighborhood. Planner Stephen Rose replied no. Commissioner Hernandez said that the issue of "visibility" is concerning. She asked who decides what "visible" is. Is it the Community Development Director.? Planner Stephen Rose said that this Text Amendment has added language that leaves all discretion for what is considered to be "visible" up to the Community Development Director. He added that the public could appeal the Director's action/decision. Chair Kendall asked staff to further describe the 2-Tier system of the STANP. Is it effective? Planner Stephen Rose: • Described the Tier-1 to be minor additions to existing single-family residences that are handled via Administrative Site and Architectural Review Permit and generally take 45 days to process. • Advised that aTier-2 project is a larger scale addition/remodel or a brand new home. Those are brought forth to the Planning Commission via a Site and Architectural Review Permit, a process which takes two to three months to process and includes two meetings, one before SARC and the other before the Planning Commission. Chair Kendall asked for further description of what is seen as "minor". Planner Stephen Rose: • Explained that a minor addition would be situated at the back of a home and it could be processed with the Administrative process. • Said that there are existing thresholds for a home to increase in size and when one might be considered an addition versus a new home. This is determined by the Building Official. Chair Kendall opened the Public Hearing for Agenda Item No. 3. Marty Sexton, Resident on Dallas Drive: • Advised that she is an 18-year resident of this neighborhood. Campbell Planning Commission Minutes for January 24, 2017 Page 7 • Added that she has attended a number of meetings and staff did a fine job leading those meeting where hand votes of those in attendance were taken to help determine community support for various proposals. • Stated that 10 percent of the homes in this neighborhood are on corner lots. • Said that if permits are too difficult to secure people may become discouraged. • Suggested that the process be simplified as much as possible. • Opined that not "seen" should not mean "invisible". An addition should be expected to blend in with the existing structure. • Said that this neighborhood has many smaller homes. She herself started with a smaller home. • Reported that it is common these days to have ones adult kids come back home perhaps together with their own kids. Or parents move in with their adult children as they age. Family dynamics and housing needs have changed. Jennifer Armer, Resident on Stonehurst Ave: • Advised that she submitted an email yesterday. • Reported that her personal addition was used as an example and presented to Council at their Study Session. • Explained that they wanted to put in a small addition at the front of their house to expand their kitchen. • Stated her support for this Text Amendment and encouraged an intermediate option such as a three-tier system. • Said that this will help development moving forward and offer relief for small projects. • Reminded that the City has current design guidelines. • Admitted that she got the feeling at the Council's Study Session that they were not against athree-tier system but was just suggesting moving forward with aone-tier to get it through and effective quickly. Greg Staples, Resident on Cambrian Drive: • Thanked City Staff for their work guiding the neighborhood through this process. He specifically named Paul Kermoyan, Stephen Rose, Todd Capurso and Roger Storz. • Said he lends his support for this Text Amendment. • Added that he supports athree-tier process. • ~ Cautioned that the language as it is now restricts. • Stated that people are looking for the ability to make small changes to their homes. • Suggested striking language from the second bullet ~on the draft Text Amendment regarding "visibility from the public right-of-way". Kristen Johansen, Resident on Normandy Drive: • Said that she and her husband and two kids live in a 1,200 square foot home that they bought 11 years ago. • Explained that they came to the City and found out that it was difficult to get approvals for an addition. • Added that they went through the Site and Architectural Review Permit process and will start construction on their approved addition soon. Campbell Planning Commission Minutes for January 24, 2017 Page 8 • Pointed out that `visibility" seems to have crept into the discussion at some point though she is not really sure when. • Stated that she wanted to discuss placement of accessory structures since her property has four adjacencies with older accessory structures situated very close to her property. • Explained that she wants the ability place a new detached garage on the property line as exists on neighboring properties. • Said that her area of Campbell Village is .south of Curtner and consists of tiny homes with detached structures all over. • Admitted that she feels that anything should be allowed as 500 square feet will not be "offensive" to anyone. • Asked that those living in Campbell Village be allowed to improve their homes and lives. Anne Souza, Resident on Central Park Drive: • Stated that she personally has nothing to gain from this Text Amendment but she is here to support her neighbors and neighborhood. • Advised that she attended all related meetings but for one. • Said that she likes how this Text Amendment is written and would like to see it considered sooner rather than later. Chair Kendall closed the Public Hearing for Agenda Item No. 3. Chair Kendall: • Said that she loves the way that the STAMP does things. • Added that it is her preference to allow that to happen in this area as well. • Stated that adding the "visibility" clause means nothing will improve. Planner Stephen Rose: • Explained that per the STAMP, new construction in R-1-6 is either reviewed by the Director in an Administrative Site and Architectural Review Permit while new construction on an R-1-8 or larger zoned property comes before the Planning Commission for a Site and Architectural Review Permit. • Added that this Text Amendment actually offers an option to have something unique for this neighborhood. Commissioner Rich: • Said that if one uses Ms. Armer's example of a small kitchen addition at the front of her property, with the three-tier approach she would undergo an Administrative Site and Architectural Review Permit for a small scale addition. Director Paul Kermoyan: • Agreed that when visible yet small, that would go through the Administrative Site and Architectural Review, which is an abbreviated approval process at half the cost and half the timing. Commissioner Rich: Campbell Planning Commission Minutes for January 24, 2017 Page 9 • Stated that "visible" is limiting. • Said he likes to see this community be considerate of its residents and not too bureaucratic or costly in process. • Concluded that it seems that athree-tier process would equate to an expedited and less costly processing of many smaller requests. Commissioner Young: • Said that this community had been meeting often: • Cautioned that "visible" is a very objective criteria. • Stated he would support something more flexible. • Pointed out that once this text amendment is finalized and adopted, all existing structures that don't meet the new/current standards become legal non-conforming: • Opined that the three-tier system is the way to go with a limit on the standard of "visible". • Recommended approval of Tier-1 but with the removal of language of a "visible" clause. Commissioner Reynolds: • Thanked staff for their work with the community and residents of the Campbell Village Association. • Said he likes this Text Amendment that offers the opportunity for citizens to reduce the footprint of government and make it easier for our residents. • Said he would support the three-tier system. • Asked his colleagues to remove "visible" clauses in the language as it requires too much subjective decision making. • Reiterated that he is "all for" the three-tier system as soon as possible. Commissioner Rich: • Said he too is all on board for athree-tier system. • Agrees that there is the question of how to address "visible" but that can still be handled by the Community Development Director. The Director can bring it to the Planning Commission if necessary. He has full faith in staff and no problem with this Text Amendment as is written. Commissioner Young: • Pointed out that when extending a building's wall, it will look like it has always been there. • Admitted that he is not willing to remove "visibility" completely from the language but staff can help us cover that issue. • Suggested that if an issue comes up, it goes to the Director. If the Director thinks it necessary, he can bring it forth to the Planning Commission. Commissioner Hernandez asked if both Tier 1 and Tier 2 are administrative. Director Paul Kermoyan said that.Tier 1 is for additions under 1,000 square feet and not "visible" that comes to the Administrative Planned Development Permit. Campbell Planning Commission Minutes for January 24, 2017 Page 10 Commissioner Hernandez said she likes the three-tier system and prefers to leave in "visibility" that allow a bit more caution or exercise in thoughtfulness. Commissioner Young said that Tier 1 is for those additions less than 500 square feet. Chair Kendall said she was unclear on when public noticing occurs. Planner Stephen Rose explained that for athree-tier system, Tier 1 is 500 square feet or less and is issued by Building Permit. Tier 2 is 1,000 square feet or less and goes to the Director as an Administrative Site and Review Permit decision. Tier 3 is anything larger and/or new construction and comes before the Planning Commission for a Site and Architectural Review Permit. Chair Kendall sought clarification that if an existing building's height changes, that would come to the Planning Commission. Director Paul Kermoyan: • Said that this Text Amendment cannot be resolved tonight since the current Draft Ordinance only includes Tier 1. • Suggested the Commission continue this item to a date certain to give staff time to capture all three tiers and to allow the City Attorney to address the modifications proposed as well. Chair Kendall reopened the Public Hearing for Agenda Item 3. Motion: Upon motion of Commissioner Young, seconded by Commissioner Reynolds, the Planning Commission CONTINUED TO ITS MEETING OF FEBRUARY 28, 2017, consideration of a City-initiated Zoning Text Amendment (PLN2016-406) to amend Campbell Municipal Code Sec. 21.42.020 (Site, and architectural review permit required) to add an exception to the site and architectural review process for minor additions and remodels to existing single-family residences in the R-1-8 (Single-Family Residential) zoning district that are located outside of the San Tomas Area Neighborhood, with the following instruction for staff to consider what was discussed this evening when drafting a Text Amendment that incorporates a .three-tier system rather than the currently drafted one-tier system. (5-0-1; Commissioner Dodd was absent. ** Chair Kendall read Agenda Item No. 4 into the record as follows: Campbell Planning Commission Minutes for January 24, 2017 Page 11 4. PLN2016-166 Public Hearing to consider the application of Dave Banducci for a Master ;Sign Plan (PLN2016-166) with provisions to allow an additional number of signs and an increase in allowable sign area for the Kirkwood Plaza Shopping Center located at 1570.-1820 W. Campbell Avenue and 75 S. San Tomas Aquino Road. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Associate Planner Commissioner Reynolds advised that he has a campaign conflict and must recuse from this item. He left the dais and chambers. Mr. Stephen Rose, Associate Planner, advised that the applicant has requested additional time to deal with SARC feedback given on January 10th. Chair Kendall opened the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Young, seconded by Commissioner Hernandez, the Planning Commission CONTINUED CONSIDERATION TO ITS MEETING OF FEBRUARY 28, 2017, a Master Sign Plan (PLN2016-166) with provisions to allow an additional number of signs and an increase in allowable sign area for the Kirkwood Plaza Shopping Center located at 1570-1820 W. Campbell Avenue and 75 S. San Tomas Aquino Road. (4-0-1-1; Commissioner Dodd was absent and Commissioner Reynolds abstained) ,~*~ Commissioner Reynolds returned to the chamber and dais for the next item. Chair Kendall read Agenda Item No. 5 into the record as follows: 5. PLN2015-255 Public Hearing to consider the application of SINA Investments, LLC for a Conditional Use Permit (PLN2015-255) to allow a massage establishment in an existing tenant space on property located at 225 W. Hamilton Avenue. Staff is recommending that this item 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 Kendall asked if there were questions of staff. Campbell Planning Commission Minutes for January 24, 2017 Page 12 Commissioner Hernandez clarified that the massage therapists are not employees of the chiropractic office. Planner ,Cindy McCormick replied that` the massage permit is being issued to the chiropractic practice but the therapists will be independent contractors. Commissioner Hernandez clarified that there would always be a chiropractor or doctor on site during the weekends when massage services are being provided at this location. She asked if the massage therapists are licensed. Planner Cindy McCormick replied yes. Commissioner Young asked if the applicant is requesting they be allowed four patients. Planner Cindy McCormick replied that they are asking for four employees. Commissioner Young asked if the Police Department is okay with that change. Planner Cindy McCormick replied that since they were simply asking for more staff she didn't run that by PD. Chair Kendall opened the Public Hearing for Agenda Item No. 5. Dr. Iman Tootoonchi, Applicant: • Thanked the Commission for having them back again. • Reiterated that there would be the required medical presence on site whenever massage services are being provided at this location. • Said that the additional employee would be managing the front desk to allow the remaining staff to be serving clients. • Assured that none of them want to risk their medical licenses. • Added that the massage therapists will have their own business licenses with the City. Director Paul Kermoyan said that massage is' intended to compliment this existing chiropractic practice. He added that no license is at jeopardy here. Dr. Iman Tootoonchi agreed that the massage services will work well together with chiropractic services. Commissioner Hernandez asked Dr. Iman Tootoonchi to verify that there would always be a chiropractor, surgeon or doctor supervising the premises on weekends. Dr. Iman Tootoonchi replied yes. He added that they already work on weekends. Linda Huff, Resident on W. Rosemary Lane: • Advised that her home is situated directly in back of this establishment. Campbell Planning Commission Minutes for January 24, 2017 Page 13 • Questioned who monitors that business. • Said that it seems to be a gray area when they're on site or not. It doesn't seem clear how this will be arranged. • Opined that it would be easy for this location to slide into a massage establishment. Chair Kendall assured Ms. Huff that with a Conditional Use Permit in place, if there is a complaint over improper massage services it would be checked out by the Police Department. Director Paul Kermoyan: • Explained that when it comes to receiving complaints about "illicit" massage services, they come from a variety of sources. It is not on the backs of neighbors to monitor this establishment. • Said that there are lots of Use Permits. For these there is acomplaint-driven enforcement process. If problems are reported, a Use Permit can be brought back to the Planning Commission for review and possibly revocation. Just cause brings a use back to the Commission. Planner Cindy McCormick added that the Police Department does random checks of massage businesses. She added that the added employee was actually discussed with PD in November when it was originally requested by the applicant: Chair Kendall closed the Public Hearing for Agenda Item No. 5. Motion: Upon ~ motion of Commissioner Reynolds, seconded by Commissioner Rich, the Planning Commission adopted Resolution No. 4358 approving a Conditional Use Permit (PLN2015-255) to allow a massage establishment in an existing .tenant space on property located at 225 W. Hamilton Avenue: • Strike Condition 6-c; and • Revise Condition 6-e to allow a maximum of two massage therapists for a total of four employees on site at any given time; by the following roll call vote: AYES: Hernandez, Kendall, Reynolds, Rich.and Young NOES: None ABSENT: Dodd ABSTAIN: None ' Chair Kendall advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *,~* REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had no additions to his written Director's Report. Campbell Planning Commission Minutes for January 24, 2017 Page 14 ADJOURNMENT The Planning Commission meeting adjourned at 9:08 p.m. to the next Regular Planning Commission Meeting of February 14, 2017. SUBMITTED BY: orinn~hinn, Recording Secretary APPROVED BY: ~ ~~` ~//,- ~'~%~~ ~~ /` vonne Kendall, Chair I/ ATTEST: ~~V Paul K~rmoyan, Secretary