PC Min - 07/25/2017CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M.
JULY 25, 2017
CITY HALL COUNCIL CHAMBERS
TUESDAY
The Planning Commission meeting of July 25, 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:
ROLL CALL
Commissioners Present
Chair:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioners Absent: Commissioner:
Staff Present:
Acting Community
Development Director:
Senior Planner:
Associate Planner:
Assistant Planner:
City Attorney:
Recording Secretary:
APPROVAL OF MINUTES
Yvonne Kendall
Michael L. Rich
JoElle Hernandez
Philip C. Reynolds, Jr.
Andrew Rivlin
Donald C. Young
Cynthia L. Dodd
Bill Bruckart
Daniel Fama
Stephen Rose
Victoria Hernandez
William Seligmann
Corinne Shinn
Motion: Upon motion by Commissioner Reynolds, seconded by
Commissioner Young, the Planning Commission minutes of the
meeting of July 11, 2017, were approved with a correction to page 8
and 9 (5-0-1-1; Commissioner Dodd was absent and Commissioner
Rivlin abstained)
Campbell Planning Commission Minutes for July 25, 2017 Page 2
COMMUNICATIONS
Acting CDD Bill Bruckart identified the following items:
1. Two desk items for Item 4.
AGENDA MODIFICATIONS OR POSTPONEMENTS
None
ORAL REQUESTS
None
***
PUBLIC HEARINGS
Chair Kendall read Agenda Item No. 1 into the record as follows:
PLN2016-76/99 Public Hearing to consider the application of Eaton Hall
Architecture fora Site and Architectural Review Permit
(PLN2016-76) to allow a minor addition, fagade restoration,
and seismic retrofit of an unreinforced masonry commercial
building listed on the Historic Resource Inventory and an
associated Modification (PLN2016-99) to a previously
approved Conditional Use Permit (PLN2007-183) to modify
the interior configuration of an existing restaurant with
approved general alcohol sales and late-night operational
hours, on property located at 360 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
ten (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.
Commissioner Rich asked the motivation for moving the entrance to the left. Was it a
matter of the retrofit itself or the use itself?
Chair Kendall clarified with staff that the reference to "Board" represents the Historic
Preservation Board.
Planner Daniel Fama replied yes.
Chair Kendall asked what the bar piece was.
Campbell Planning Commission Minutes for July 25, 2017
Page 3
Planner Daniel Fama advised that it is structural. It was determined that the best way
to deal with it was to conceal it rather than remove it.
Commissioner Hernandez advised that she was a member of the Historic Preservation
Board last year (2016) when this project was reviewed by the Board.
Chair Kendall opened the Public Hearing for Agenda Item No. 1.
Chair Kendall closed the Public Hearing for Agenda Item No. 1.
Commissioner Young:
• Reported that the HPB did a great job reviewing this proposal.
• Stated that he has no concerns. This project aligns well with its surroundings.
• Said that the draft resolution and findings are all spot on.
Commissioner Hernandez agreed with Commissioner Young.
Commissioner Reynolds:
• Commended the work that the Historic Preservation Board and staff put into this
review.
• Advised that he would be supportive.
Chair Kendall:
Said that she didn't realize just how lovely this old building was.
Added that she is glad this retrofit is going through.
Stated that the Downtown will benefit.
Planner Daniel Fama advised that the awning would remain but be lifted to a higher
level. He added that it offers a place to put a sign for the business.
Motion: Upon motion of Commissioner Reynolds, seconded by
Commissioner Rivlin, the Planning Commission took the
following actions:
• Adopted Resolution No. 4394 approving a Site and
Architectural Review Permit (PLN2016-76) to allow a minor
addition, facade restoration, and seismic retrofit of an
unreinforced masonry commercial building listed on the
Historic Resource Inventory; and
• Adopted Resolution No. 4395 approving a Modification
(PLN2016-99) to a previously approved Conditional Use Permit
(PLN2007-183) to modify the interior configuration of an
existing restaurant with approved general alcohol sales and
late-night operational hours, on property located at 360 E.
Campbell Avenue, subject to the conditions of approval,
by the following roll call vote:
Campbell Planning Commission Minutes for July 25, 2017 Page 4
AYES: Hernandez, Kendall, Reynolds, Rich, Rivlin, 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. 2 into the record as follows:
2. PLN2017-108 Public Hearing to consider the application of John Niktas for
a Site and Architectural Review Permit (PLN2017-108) to
allow the construction of a new single-family residence on
property located at 1145 Salerno Drive. 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 ten (10)
calendar days. Project Planner: Victoria Hernandez,
Assistant Planner
Ms. Victoria Hernandez, Assistant Planner, presented the staff report.
Chair Kendall asked if there were questions of staff.
Commissioner Rivlin asked if the requirement for pervious pavers applies to the back
patio as well.
Planner Victoria Hernandez said that it did not but the Commission could decide to
add a condition of approval to require it.
Chair Kendall opened the Public Hearing for Agenda Item No. 2.
Chair Kendall closed the Public Hearing for Agenda Item No. 2.
Chair Kendall recounted her recollection that Campbell Resident Jo-Ann Fairbanks
was the person who recommended that a street elevation that included homes on
either side be provided during the review process as a means of seeing how the
proposed structure fits in to its immediate environment.
Commissioner Young:
• Recounted that SARC initially had concerns about the proposed white columns but
now they really appreciate them as they offer a good contrast with the garage.
• Stated that the draft resolution is very clear. This home is a good fit.
• Concluded that he would support this proposal as presented.
Campbell Planning Commission Minutes for July 25, 2017 Page 5
Commissioner Rivlin:
• Said that he is fine with the proposal. It is proportional with the neighborhood and
this parcel.
• Added that he likes the use of permeable pavers for the front driveway and
questions whether they should be required for the rear yard patio as well. Should
that be added to the conditions?
Commissioner Rich said that he has no concerns with the impacts from the back patio
as the rear yard is large enough to percolate water.
Commissioner Reynolds agreed. He said he is fine with it given this is a large
backyard that provides plenty of site drainage.
Motion: Upon motion of Commissioner Rich, seconded by Commissioner
Reynolds, the Planning Commission adopted Resolution No.
4396 approving a Site and Architectural Review Permit (PLN2017-
108) to allow the construction of a new single-family residence
with attached garage on property located at 1145 Salerno Drive,
subject to the conditions of approval, by the following roll call
vote:
AYES: Hernandez, Kendall, Reynolds, Rich, Rivlin 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.
***
Commissioner Reynolds advised that he would need to recuse from Item 3 due to a
professional conflict of interest. He left the dais and chambers.
Chair Kendall read Agenda Item No. 3 into the record as follows:
3. PLN2017-209 Public Hearing to consider the application of Leah Hernikl for
a Conditional Use Permit (PLN2017-209) to allow for the
continued operation of an existing rooftop wireless facility
(d.b.a. T-Mobile), the installation of three new panel
antennas and associated equipment, and an increase in
height on the roof of an existing two-story commercial
building located at 600 E. Hamilton Avenue in the P-D
(Planned Development) Zoning District. 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 ten (10)
calendar days. Project Planner: Stephen Rose, Associate
Planner
~~mpk~ell Planning Commission Minutes for .July 25. 2017 Page 6
Mr. Stephen Rose, Associate Planner, presented the staff report.
Chair Kendall asked if there were questions of staff. There were none.
Chair Kendall opened the Public Hearing for Agenda Item No. 3.
Leah Hernikl, Representative for T-Mobile:
• Thanked staff for their work on this proposal.
• Stated that she is available for any questions.
Chair Kendall closed the Public Hearing for Agenda Item No. 3.
Motion: Upon motion of Commissioner Young, seconded by
Commissioner Rich, the Planning Commission adopted
Resolution No. 4397 approving a Conditional Use Permit
(PLN2017-209) to allow for the continued operation of an existing
rooftop wireless facility (d.b.a. T-Mobile), the installation of three
new panel antennas and associated equipment, and an increase
in height on the roof of an existing two-story commercial building
located at 600 E. Hamilton Avenue, by the following roll call vote:
AYES: Hernandez, Kendall, Rich, Rivlin and Young
NOES: None
ABSENT: Dodd
ABSTAIN: Reynolds
Chair Kendall advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.
Commissioner Reynolds returned to the chambers and dais following the conclusion of
Agenda Item No. 3.
***
Chair Kendall read Agenda Item No. 4 into the record as follows:
4. PLN2016-257 Public Hearing to consider the application of Jimmy Chang for a
PLN2017-200 Planned Development Permit (PLN2016-257) to allow for
facade improvements, new mechanical entry gates, conversion
of garports to carports (and adding new carports), enlargement
of existing trash enclosures, conversion of private patio areas to
common open space, alterations to existing staircases,
installation of new lighting fixtures, and removal of ten protected
trees, through an associated Tree Removal Permit (PLN2017-
200), in an existing apartment community (d.b.a. The Parc at
Pruneyard) located at 225 Union Avenue. Staff is
recommending that this item be deemed Categorically Exempt
under CEQA. Tentative City Council Meeting Date: September
5, 2017. Project Planner: Stephen Rose, Associate Planner
Campbell Planning Commission Minutes fior July 25. 2017 Page 7
Mr. Stephen Rose, Associate Planner, presented the staff report.
Chair Kendall asked if there were questions of staff.
Commissioner Rich asked what types of trees are proposed for the 85 replacements.
Planner Stephen Rose said that there is a comprehensive landscape plan that outlines
the variety and placement of their proposed 85 trees.
Commissioner Rich asked the applicant's reaction to staff's recommendation to retain
three of the ten trees they seek to remove. What is their reason for removal of those
three cedars located along their Union Avenue frontage?
Planner Stephen Rose said that their reason to remove the cedars is aesthetics. They
are putting quite an investment in the overall appearance of their frontage with this
remodel.
Chair Kendall asked staff what a "garport" is.
Planner Stephen Rose:
• Explained that the term "garport" represents a carport structure that also has a
garage door. However there are no demising walls. One can cross from one
parking space to another from within the garport.
• Added that the garports have already been removed by a previous owner.
• Stated that including the removal of the garports is to recognize and document that
removal.
Chair Kendall:
• Said that she is not happy about trees coming out.
• Added that she is in favor of keeping the cedars in place.
• Asked if any of the proposed 85 trees to be planted are of protected species.
Planner Stephen Rose:
• Assured that all 85 trees will be protected as they are a part of an approved
landscape plan.
Chair Kendall opened the Public Hearing for Agenda Item No. 4.
Jimmy Chang, Architect and Project Representative:
• Said that he represents the property owners of The Parc at Pruneyard.
• Said he would address three items that had been brought up by SARC.
• Reported that their initial proposal to remove the cypress trees was due to the
proposed elevation changes at the front.
• Added that there are also concerns that these trees might not survive the
construction process.
Campbell Planning Commission Minutes for July 25, 2017 Page 8
• Stated that in place of those three cypress trees being removed, they are
proposing to plant six new trees along Union Avenue that compliments the
buildings' new architecture.
• Reported that during SARC, concerns were raised about the potential removal of
those three cypress trees. As a result, he discussed the issue with the property
owner and it was decided to keep these three trees.
• Admitted that they are still concerned about potential impacts with construction on
these trees but they will attempt to protect them. Again, the owner wants to keep
them.
• Added that they would study ways of preserving them. They are currently
overgrown so they will do some pruning.
• Stated that the second issue discussed with SARC was the gate. Concerns about
potential traffic impacts during peak travel periods were raised. He advised that a
Traffic Impact Study was done and considered the issue of queuing.
• Said that since the proposed gate is placed 35 feet back from the front property line
there would be no queuing issues in the roadway.
• Advised that the gate would be left open during daytime hours as well as peak
traffic hours. It would be closed only during the evenings and overnight.
• Reported that the gate operates on a wireless system that facilitates prompt
entrance by residents.
• Said that they are looking into gate speed as well in order to reduce wait time.
• Said that the third issue discussed with SARC was the inclusion of Electric Vehicle
Charging Stations. They are looking into that and have no resolution yet. An
electrical engineer is looking to make sure the conduits on site are big enough for
two charging stations. The prep work will be in place.
• Concluded that he was available for any questions.
Commissioner Rich:
• Asked whether the only thing preventing placement of charging stations right away
is their need to research companies to work with.
Jimmy Chang:
• Said that the owner still has to commit to it.
• Added that there is different research on what's possible and available. That
research takes a lot of time and preparation.
• Said that they want to option to do so in the future and will have some initial prep in
place with this project.
Commissioner Hernandez:
• Stated that now is the time. Having Electric Vehicle Charging Stations will be an
attractive feature to have for an apartment complex located in this area.
• Agreed that having the front cedar trees pruned will clean them up and help in their
retention.
Jimmy Chang:
• Said that their initial concerns over these cedar trees were the buildings' roofs and
foundations.
Campbell Planning Commission Minutes for July 25, 2017 Page 9
Added that another concern is whether these trees can survive root impacts that
could occur during construction.
Commissioner Rivlin suggested that any pruning done be overseen by a licensed
arborist.
Jimmy Chang said they have an arborist on board who would direct any work done on
trees on site.
Commissioner Rivlin said that the applicant's comments on the gate make sense. He
asked why the proposal for EV Charging Stations is only for two of them.
Jimmy Chang explained that they proposed two plugs. Every plug has two hook ups
for a total of four stations. He cautioned that this site is greatly under parked so they
can't afford to "give up" too many parking spaces.
Dawn Anderson, Resident on Union Avenue:
• Reported that she resides a few blocks away from this site.
• Added that she was at the SARC meeting where this project was reviewed last
month. She is familiar with the property.
• Stated that she loves trees. However, there have been several incidents with trees
failing along Union Avenue. One recently fell and damaged the eaves of the
nearby building. The potential for tree failures represents a liability for property
owners. Sometimes mature trees cause risk and liability.
• Referenced the gate proposal, saying that Union Avenue is used as scut-through
to Highway 85. There is seriously heavy traffic along Union in the evening. There
are accidents. People often use the turn lane as a traffic travel lane.
• Admitted that she is concerned about the gate as an opportunity for damage.
• Reminded that Union has very pedestrian-heavy sidewalk as well as a heavily
vehicle-traffic driven street.
• Said that gated communities are discouraged. She questioned whether there is a
City policy on gated communities. If not, should one perhaps be established?
Jimmy Chang:
• Said that a good point was raised as a reason for a gate. There is a lot of crime
including car vandalism.
• Added that safety is a major concern for this property owner.
• Said that the change to a courtyard will offer more of a backyard for residents.
• Reported that there is already another gated property a few parcels down.
However, that property's gate is much closer to Union Avenue than they are
proposing for this project. They are proposing their gate be more recessed from
Union Avenue. Additionally, their gate will be kept open during peak traffic hours.
They will have special pavement along the entrance.
• Assured that their gate won't trigger traffic issues. The traffic study has been done
to back that assertion up.
Campbell Planning Gommissioi~ P~~linutes f~~r July 2_5 2017 Page 10
Chair Kendall asked if specific hours could be developed for when the gate is left open
versus closed. Also will those hours change during the year when daylight is shorter
or longer?
Jimmy Chang said they propose the gates be open all day and closed at night. The
specific times are not yet determined. Perhaps generally one can say between 7:30
a.m. and 6 p.m. the gates would be left open.
Chair Kendall pointed out that in winter it gets darker sooner so the hours may have to
change to reflect that.
Jimmy Chang said that it can be timed to close "after rush hour" has passed. He
added that they could work with the Planning Department on this issue.
Planner Stephen Rose referenced Condition 38 that reads that if the City's Traffic
Engineer identifies a problem, they have the ability to monitor and determine peak
hours and determine just when the gate must be kept open.
Chair Kendall closed the Public Hearing for Agenda Item No. 4.
Commissioner Young:
• Said that the issues SARC raised, trees, EV Charging Stations and gate, have
been addressed by the applicant.
• Agreed that Union is an interesting street. There is a lot more traffic than he had
thought possible.
• Said it is important to hear the concerns of traffic impacts that come from the
community.
• Stated that everything can be accomplished. Overall, the resolution covers the
concerns and the findings are accurate.
• Opined that trees along Union can be an issue of concern given the number of
pedestrians that are walking there. Said he agrees with Ms. Anderson.
• Reiterated that staff is recommending the three cedars be retained.
• Admitted a concern that construction impacts may kill one or more of those trees.
Commissioner Reynolds:
• Said he is glad this property owner was encouraged to retain those trees.
• Added that he is confident that they will do their best to protect them during
construction. The trees will be pruned and trimmed. They can be an asset and
accent to the front of their building. If something happens, it happens. There is no
intent to damage those trees.
• Said that he looked at trees along Union Avenue. Things happen and entire trees
or branches can suddenly drop.
• Said that he likes the idea of the gates for this site. They bring security to the
complex. This is a large complex. He can understand security concerns for their
tenants.
• Stated that charging stations are a great way to go given there are more and more
electric cars. He said he was okay with leaving them some flexibility on when to
Campbell Planning Commission Minutes for July 25, 2017 Page 11
implement that amenity. They need time to investigate options and products
available to find the best choice.
• Pointed out that having Electric Vehicle Charging Stations will be a tremendous
asset to apartment complex tenants and a good selling point.
• Said he is okay with staff's recommendation.
Commissioner Rich:
• Reported that he used to live in a townhome located on Union Avenue and agrees
it is a heavily driven area.
• Admitted that he is okay with the proposed gate as it gives safety to tenants.
• Said that he'd like to see an arborist's report on the three trees in regards to their
safety moving forward after construction is done. That arborist's report would verify
that the tree(s) are strong with future life.
Commissioner Rivlin suggested adding language that if the trees are no longer viable
that it was not due to anything that was intentionally done.
Commissioner Rich said the arborist can document that.
Commissioner Rivlin said that the arborist works for the property owner.
Commissioner Hernandez said that the City has its own arborist.
Commissioner Rivlin suggested that it be the City Arborist or a third-party arborist.
Commissioner Rich said he is fully supportive.
Commissioner Rivlin:
• Agreed with the comments and solutions offered.
• Said that the proposed landscape plan incorporates a great assortment of trees.
• Said that in regards to the EV Charging Stations there may be some CalGreen
requirements. If it meets CalGreen standards, he is happy.
Building Official/Acting Community Development Director Bill Bruckart advised that
only mandatory (Tier 1) CalGreen requirements are imposed. CalGreen has two tiers
of requirements.
Commissioner Hernandez:
• Stated that she lived on Union Avenue 20 years ago.
• Admitted that she was concerned about traffic and the inclusion of a gate.
However, the imposed conditions have resolved her concerns.
• Said that the three cedars at the front should have a tree protection plan in place
during construction and the preparation of a third-party exam of the trees after
construction is complete.
Campbell Planning Commission Minutes for July 25, 2017 Page 12
Planner Stephen Rose said that there are draft tree protection conditions of approval
in place. Specifics about after-construction requirements can be additionally
conditioned.
Chair Kendall:
• Said that she feels comfortable that this owner wants to keep the trees.
• Admitted that trees can become damaged.
• Added that impacts from construction may not be evident immediately upon
completion of construction. It would be better to wait a period of time, say six
months, rather than right after completion of work.
Bill Bruckart said that is a good suggestion.
Chair Kendall:
• Said that she likes the improvements and the new courtyard design.
• Added that she really hates gates if they are used for the wrong reason.
• Stated that given the area traffic, these gates will make the residents feel safer.
That would be a good reason to have gates as long as they are kept open during
daytime. However, 7:30 a.m. may not be early enough a start time to keep them
open.
Commissioner Hernandez said that the City's Traffic Engineer can figure that out.
Planner Stephen Rose:
• Said that specific hours can be conditioned if the Commission wants to do so.
• Reminded that the Commission is not approving this project tonight but rather
forwarding its recommendation onward to Council for final action.
• Said that staff is available to monitor if/when traffic concerns are raised and can
further limit or change hours when gate can be kept close.
• Added that the Public Works Director has the ability to monitor and change hours
the gate is closed impacts occur.
• Pointed out that a gated community is not a common feature in Campbell.
• Advised that Public Works was not concerned about the gate's impacts. Perhaps
peak hours could be added.
• Suggested that the Commission direct staff to add a condition of approval with
stipulated hours.
Commissioner Reynolds:
• Said that he was okay with leaving that to the discretion of the Public Works
Department.
• Said if the Commission attempts to figure out hours for the gate's closure it would
be like looking into a crystal ball. The condition of approval as it stands is
acceptable.
Commissioner Rich:
• Said that he concurs with Commission Reynolds that Condition 38 suffices.
Campbell Planning Commission Minutes for July 25, 2017 Page 13
Agreed that Public Works is better suited to determining the hours of use of the
gate.
Said that it was SARC that had brought up leaving it open at times.
Commissioner Rivlin pointed out that the morning queuing would actually occur inside
the complex rather in the public right-of-way.
Chair Kendall said she was duly convinced.
Commissioner Hernandez said she too agreed with Commission Rivlin.
Motion: Upon motion of Commissioner Reynolds, seconded by
Commissioner Rich, the Planning Commission took the following
actions:
• Adopted Resolution No. 4398 recommending the approval of a
Planned Development Permit (PLN2016-257) to allow for
facade improvements, new mechanical entry gates,
conversion of garports to carports (and adding new carports),
enlargement of existing trash enclosures, conversion of
private patio areas to common open space, alterations to
existing staircases, installation of new lighting fixtures, and
• Adopted Resolution No. 4399 recommending approval for the
removal of seven out of ten protected trees, through an
associated Tree Removal Permit (PLN2017-200), with an
added condition (2-A) requiring that an independent arborist's
report be prepared for the three preserved Cedar trees located
at the frontage of the property six months after completion of
construction and report the results back to the Community
Development Director, who will then update the Planning
Commission, for a property located at 225 Union Avenue (an
existing apartment community (d.b.a. The Parc at Pruneyard),
by the following roll call vote:
AYES: Hernandez, Kendall, Reynolds, Rich, Rivlin and
Young
NOES: None
ABSENT: Dodd
ABSTAIN: None
Chair Kendall advised that this item would be considered by the City Council for final
action tentatively set for its meeting on September 5, 2017.
***
Campbell Planning Commission Minutes for July 25, 2017 Page 14
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Acting Director Bill Bruckart had no additions to the written Director's Report but said
he was available for any questions.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:53 p.m. to the next Regular
Planning Commission Meeting of August 8, 2017.
SUBMITTED BY:
nne Shinn, Recording Secretary
APPROVED BY: ~~~'''`~' ~ ~~/~ ~~/ d%"~il~
vonne Kendall, Chair
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Bill Bruckart, Acting Secretary