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PC Min - 08/08/2017CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. AUGUST 8, 2017 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of August 8, 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 Yvonne Kendall Michael L. Rich JoElle Hernandez Philip C. Reynolds, Jr. Andrew Rivlin Donald C. Young Cynthia L. Dodd Staff Present: Community Development Director: Paul Kermoyan Senior Planner: Cindy McCormick Associate Planner: Stephen Rose Assistant Planner: Victoria Hernandez Planning Technician: Naz Pouya City Attorney: William Seligmann Recording Secretary: Corinne Shinn APPROVAL OF MINUTES Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission minutes of the meeting of August 8, 2017, were approved as presented (6-0-1; Commissioner Dodd was absent) Campbell Planning Commission Minutes for August 8, 2017 Page 2 COMMUNICATIONS Director Paul Kermoyan listed the following items: 1. Desk Item for Agenda Item #3. 2. Desk Item for Agenda Item #4. AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS Jo-Ann Fairbanks, Resident on Hacienda: • Expressed her appreciation for the way SARC meetings have incorporated public comment. • Opined how often developers seem to decide the started point of development. For example the recent Dell Avenue proposed development project recently brought to Council in a Study Session. • Cautioned that this project could become the "cornerstone" project for that area. • Admitted that she prefers that the City develops the "vision" for that Dell Avenue area. That the City makes the mission rather than the developers. Audrey Kiehtreiber, President of San Tomas Area Community Coalition (STACC): • Said that she attended Council's Study Session on that proposed development on Dell. • Advised that the project will later come to the Planning Commission but that Council sent it back for redesign. • Agreed that it is a good idea to look at these and determine what we need in Campbell. It is important to determine what will make our City better in the future. • Pointed out that income is needed to operate the City. It is important to consider what is best for our community. Such as live/work/play environments, perhaps some high density housing, this is greatly needed. • Said that as we things move forward a broader vision of what we want is needed. • Pointed out that office buildings don't bring money to a City. Something like a boutique hotel does. *** PUBLIC HEARINGS Chair Kendall read Agenda Item No. 1 into the record as follows: Campbell Planning Commission Minutes for August 8, 2017 Page 3 1. (PLN2016-318) Continued Public Hearing (from the Planning Commission (PLN2017-153) meeting of June 27, 2017) to consider an application for a (PLN2017-154) Tentative Subdivision Map to subdivide the property at 1180 (PLN2017-155) Abbott Ave into seven single-family residential parcels (PLN2016-318), Site and Architectural Review for each of the seven homes (PLN2017-153); and a tree removal permit to remove three (3) protected trees (PLN2017-155). Staff is recommending that a Mitigated Negative Declaration be adopted for this project (PLN2017-154). Project Planner: Cindy McCormick, Senior Planner Ms. Cindy McCormick, Senior 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. 1. Jeff Kern, Pinn Brothers Construction, said he was available for any questions. There were none. Audrey Kiehtreiber, President of the San Tomas Area Community Coalition (STACC): • Stated that staff did a great job. • Extended her compliments to the project applicant and architect who took input from staff and STACC. • Stated that now the whole development fits and is really nice. It follows the spirit of the San Tomas Area Neighborhood Plan (STANP). It is compatible with the neighborhood while retaining its own unique design. • Said that previous concerns have been well addressed. Chair Kendall closed the Public Hearing for Agenda Item No. 1. Commissioner Young: • Said that the applicant and architect have made quite the creative comeback with a design that fits much better with the General Plan and setbacks. • Added that there are no remaining issues. The project now is in line with what the Planning Commission wanted. Commissioner Rich: • Advised that SARC reviewed the revisions on July 25, 2017, and was supportive of the changes and commended the architect and applicant on the changes made. Commissioner Hernandez: • Agreed with Commissioners Young and Rich. • Stated that this is a much nicer design. • Commended the architect. Campbell Planning Commission Minutes for August 8, 2017 Page 4 • Reported that while looking through the draft resolution she did not see reference to the separate room not being restricted against serving as an accessory dwelling unit. She'd like to see that restriction captured in the conditions. Planner Cindy McCormick said that it is not currently so conditioned. It is already a Campbell Municipal Code requirement but could also become a condition of approval. Commissioner Hernandez said that it should be called out in the conditions of approval. Commissioner Young pointed out that there is not enough space for that room to be used as an accessory dwelling unit. Commissioner Hernandez reiterated that it should still be so conditioned. Commissioner Rivlin said he was supportive of the project. He added that the inclusion of the lanai is unique. Chair Kendall asked staff for suggested language for the added condition. Director Paul Kermoyan said that it could read that the stand-alone room shall not be used as an ADU (accessory dwelling unit). Chair Kendall: • Said that she appreciates the design changes made. It is great to see it all fitting in now. • Added that she likes the design. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Rich, the Planning Commission took the following actions: • Adopted Resolution No. 4400 approving a Tentative Vesting Subdivision Map (PLN2016-318) to allow creation of seven residential lots, subject to the conditions of approval, with an added condition that Lot 7 does not have an accessary dwelling unit and shall record a deed restriction prohibiting the creation of an accessory dwelling unit (ADU, until such time that the City of Campbell's Municipal Code is modified to allow for the establishment of an ADU on the subject property; and • Adopted Resolution No. 4401 approving a Site and Architectural Review Permit (PLN2017-153) for the construction of seven two-story single-family homes, subject to the conditions of approval; and • Adopted Resolution No. 4402 approving a Tree Removal Permit (PLN2017-155) to allow the removal of three protected trees; and Campbell Planning ~.of111?11SSIG11 Minutes for August 8, 2017 Page 5 • Adopted Resolution No. 4403 adopting a Mitigated Negative Declaration (PLN2017-154) for the project on property located at 1180 Abbott Avenue, 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. *** 2. PLN2017-125 Public Hearing to consider the application of David Barnes for a Site and Architectural Review Permit (PLN2017-125) to allow the construction of a new, two-story single-family residence on property located at 1045 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 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. There were none Chair Kendall opened the Public Hearing for Agenda Item No. 2. David Barnes, Applicant: • Advised that he has been trying to build this house for many years. • Added that now that he is retired he can finally do it. • Stated his hope for approval this evening. Audrey Kiehtreiber, President of the San Tomas Area Community Coalition (STACC): • Said that STACC worked with David Barnes and met with him. He is a very nice man to work with. • Advised that STACC appreciates and likes the choice of materials including the use of metal roofing. That will be very nice and along-lasting and fire-resistant material. Use of materials such as metal roofing just should be well done. Metal roofing offers a nod to the orchard heritage of the area. Rick Orlandi, a nearby resident, asked if the rear unit would be habitable. Planner Victoria Hernandez replied, no, it was a garage with storage. Chair Kendall closed the Public Hearing for Agenda Item No. 2. Campbell Planning Commission Minutes for August 8, 2017 #~~~ 6 Commissioner Rich reported that SARC reviewed this project on July 25, 2017, and suggested the inclusion of evergreen species for the screening landscaping and use of pervious pavers for the driveway. SARC was supportive. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Rivlin, the Planning Commission adopted Resolution No. 4404 approving a Site and Architectural Review Permit (PLN2017-125) for a new 4,347 square foot, two-story, single-family residence on property located at 1045 S. San Tomas Aquino Road, 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. *** Chair Kendall read Agenda Item No. 3 into the record as follows: 3. PLN2017-48 Public Hearing to consider the application of Scott Rees for a Site and Architectural Review Permit (PLN2017-48) to allow the construction of a new 3,063 square-foot two-story single-family home reusing portions of the existing structure and resulting in a floor area ratio exceeding 45% (approximately 48% proposed) on property located at 330 Harrison 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: Naz Pouya, Planning Technician Ms. Naz Pouya, Planning Technician, presented the staff report. Chair Kendall asked if there were questions of staff. There were none. Commissioner Rich advised that SARC was supportive and the project also had the support from neighbors. Chair Kendall opened the Public Hearing for Agenda Item No. 3. Lance Crannell, Project Architect: Campbell Planning Commission Minutes for August 8, 2017 Page 7 • Thanked Planner Naz Pouya and other City staff. Naz has been fantastic over the last few months. • Added that his clients are excited to upgrade their home in order to stay within their community. Chair Kendall closed the Public Hearing for Agenda Item No. 3. Commissioner Reynolds: • Said that the design and size of the structure are fantastic. They have found a way to make a small house larger and not make it look like a "big ole house". • Congratulated the architect on his work. This is a beautiful project for the City. • Concluded that he would be supportive. Commissioner Hernandez: Admitted that she had been initially concerned to see a house doubled in size. Added that she respects what the architect did to reduce the massing including keeping the setbacks large and most of the addition at the back. Concluded that she would be supportive. Motion: Upon motion of Commissioner Rich, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4405 approving a Site and Architectural Review Permit (PLN2017- 48) to allow the construction of a new 3,063 square-foot two-story single-family home reusing portions of the existing structure and resulting in a floor area ratio exceeding 45% (approximately 48% proposed) on property located at 330 Harrison Avenue, 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. **~ Chair Kendall read Agenda Item No. 4 into the record as follows: Campbell Planning Commission Minutes for August 8, 2017 Page 8 4. PLN2017-111 Public Hearing to consider an appeal of the Community Development Director's denial of a requested Modification (PLN2017-111), of a previously approved Administrative Planned Development Permit (PLN2015-284), to amend Condition of Approval #4.c. to allow the maximum number of staff at any one time to be increased from five to ten within an existing professional office building on property owned by Liane & Steve Burton, located 35 Dillon 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 Commissioner Hernandez disclosed that she had met with the owners and discussed their project with them. Commissioner Rivlin disclosed that he lives down the block albeit 1,000 feet away. Mr. Stephen Rose, Associate Planner, presented the staff report. Chair Kendall asked if there were questions of staff. Commissioner Rich asked if staff could confirm that the previous owner of this building had as many as 20 employees. Planner Stephen Rose said that estimate is based on business license records. The immediate past use was a dental lab that more staff. The business license indicated a lesser number than 20. Commissioner Rich asked the ownership date for the current owners Planner Stephen Rose said he must defer to the applicants but believes is was approximately 2014. Commissioner Rich asked if there are currently five employees at this business. Planner Stephen Rose said there are about eight employees but only five are on site at any given time. Commissioner Rich sought verification from staff that the applicants are now asking to increase the maximum number of employees on site at any given time to ten. Planner Stephen Rose said that is correct. Commissioner Rich asked if there is any way that the employee count for the previous tenant can be verified. ~~~~~~:~~ii ~I~r~~r~ir-~ ~:,~n~r~~~i~sic~n Pulir~i_a~~s fc~r Aug~~~ ~, 2C~~ ~' ~"~~~~~~ 9 Planner Stephen Rose replied no. Commissioner Hernandez referenced the desk item for this appeal. Planner Stephen Rose said that the applicant prepared that material and can address it. Commissioner Hernandez asked if the parking on street by another local business is something that can be discussed. Planner Stephen Rose: • Advised that there is an active code case about street parking being used by Roadsport. • Added that following a couple of meetings with staff, Roadsport has since pulled their cars off the street. • Reported that when he inspected earlier today, he found no Roadsport vehicles parked along the street. Director Paul Kermoyan: • Explained that the code enforcement case was opened based upon complaint. • Added that staff is still working with Roadsport to reach compliance and met with them on Friday. Senior Planner Daniel Fama is still working with them. The code case is not resolved yet. Commissioner Hernandez asked if there are no other businesses to enforce in the area. Planner Stephen Rose: • Said that he noticed a couple of potential code cases in the area including boats and a recreational vehicle parking along the street. • Pointed out that these are smaller lots. The appellants are "victims of their own success". Commissioner Hernandez asked if there is a way to help clean it up. Planner Stephen Rose said that code cases are on a complaint basis. New cases come from someone in the community initiating it. It then gets investigated and enforced if and/or as applicable. Commissioner Rivlin said that this is a different zone from the Downtown. Planner Stephen Rose agreed that it is very different from the Downtown Core. It is known as the SOCA (South of Campbell Avenue) Area. The Zoning is Planned Development, and requires an Administrative Planned Development Permit to approve and condition allowed use(s). The allowed uses are similar to those in the Downtown Core. Campbell Planning Commission Minutes for August 8, 2017 Page 10 Director Paul Kermoyan: • Explained how staff looked at this request. • Said that the Parking Ordinance was used to evaluate "grandfathering" of previous uses for any parking deficiency. • Advised that this site now has zero on-site parking and they want to intensify their use of the property. • Stated that staff uses the Codes to make decisions on what is allowed. to this case, they are expected to stay within the number of deficient parking spaces for which they have been "grandfathered" or credited with. • Said that it is unfortunately and he understands that this property owner wants to maximize their use of the property. Commissioner Reynolds said he has a tough question to pose to staff. Was the appellant told by staff that they could add employees at a later date? Planner Stephen Rose: • Said that when the permit was initially applied for the Burtons asked him what it would take to increase their number of employees at a later date. • Reported that his response at that time was it would be possible to apply for a modification and that an increase could potentially occur. • Concluded that staff provides clearly written conditions of approval to document what has been approved and is allowed. Chair Kendall opened the Public Hearing for Agenda Item No. 4. Steve and Liane Burton, Appellants and Owners of 35 Dillon Avenue: • Said that they appreciate the time. • Gave an overview of their business as follows: o In 1998 they created a small company called Copper Burton. o Since 2003, Campbell has been their chosen City. o Copper Burton currently has four employees. They started at this location with five and one has left. They hope to get back to five and hopefully more than five at this location. • Reported that in 2015 they purchased 35 Dillon Avenue and applied for the permit necessary to transition the past manufacturing/lab use to an office use for Copper Burton. • Stated that the building they bought was a "catastrophe". • Advised that Planner Stephen Rose was their contact during their processing of an Administrative PD Permit. He was extremely helpful. • Admitted that with the original approval they had expressed concern over the limitation of five employees as a maximum. • Claimed that he was told by Planner Stephen Rose that it would not be a problem for them to increase that number and it would not require an updated permit. • Said that they completed their renovations turning their building into one the City can be proud of. ~~;~rr1~~a~l.l ~=~I~r~~,~r~,_~ ~:~c~~~r~rs~i~s~ie~~ ~,1ir~~.~fi~;~ ~c~r t~E~~l~~t ~, 2~1 ~ Page 11 • Reported that early in 2017, they initiated a Modification to their Admin PD Permit in order to increase their staff from a maximum of five to a maximum of 10. On May 15th, that permit was denied. • Recounted that he called Stephen Rose citing what he had told them in 2015 about the potential to increase in the future. Stephen told him, "That was then. This is now." • Opined that his property value is being severely diminished with this restriction to just five employees on site at a time. • Stated that there is a "perceived" parking shortage. • Suggested that other property owners in the immediate area are not properly managing their enforcement of their parking lots. • Pointed out that the City was not aware of Roadsport's illegal street parking. Roadsport had cars without license plates and with Roadsport's logo stickers on them. • Said that his question for the City is whether these cars are simply Roadsport's employee's cars or if they are cars that are available for sale that are parked on the public street. • Reported that Roadsport also parks in the dental office's parking lot all day. They arrive early. • Said that this situation is creating an environment where they (Copper Burton) are being hamstrung. • Stated that it was not feasible for them to keep the original tandem parking due to a need to create an ADA-compliant entrance to their building. Besides that, tandem parking is hard to use and dangerous for pedestrians from people backing cars out from them. • Advised that during their remodel, it was determined that the path of travel had to be ADA compliant. • Assured that Copper Burton staff will never park on neighboring properties parking spaces. They will only park on the public street. • Said that he has been witness to Campbell's revitalization over the last 14 years. • Referencing an email from Nadine G. (Page 9), he said they need better signage to prevent unauthorized parking in their lot. He said that Dr. Kilkenny also needs signage to control who parks on their lot. • Stated that they are being punished and discriminated against due to past owners' use of this site. • Pointed out some photographs he took of the neighboring parking lots and they show that ample parking is available. • Stated that they are not the problem in the area. The only ones complaining are their neighbors who were unhappy with the previous businesses that operated at 35 Dillon. • Said that Planner Stephen Rose said he didn't see any cars from Roadsport when he inspected today. If so, that is the first time they haven't been there. • Stated that without Roadsport's street parking and construction parking from the Madison project there would be plenty of parking. • Reiterated that his employees would never park on neighboring parking. • Said that after Roadsport complies with its parking on site, parking will be adequate. Campbell Planning Commission Minutes for August 8, 2017 Page 12 • Pointed out that the calculated office load (occupancy) of their building is actually 20 based on its size. However, they don't want 20. They only want up to 10 employees on site. • Asked the Commission to put themselves in their shoes and to adjust their permit accordingly. This building and business is their investment in their future. • Added that they routinely patronize Campbell. Dr. Mary Kilkenney, Owner, 476 E. Campbell Avenue: • Advised that she purchased her property in 2004 and operates a busy medical practice there. • Said that her patients are often in their last stages of pregnancy or recovering from recent surgery. They need access to the parking intended to serve their building and patients. • Said that parking has become an increasing problem since 2004. • Assured that the Burtons are wonderful people. If we have a problem, we call them and they respond promptly. • Reiterated that patients need to be able to park in our lot when we are open for business. Outside use of our parking is impeding patient access to care. • Admitted that she has no problem with others using her lot after they have closed for the day or on weekends when they are not open for business. • Corrected the assumption that Roadsport is routinely parking in her lot. Said that about nine years ago there was a Roadsport car in her lot and she told Mr. Ralls that was unacceptable. They never did that again. Commissioner Rich asked Dr. Kilkenney if she is comfortable with an increase to 10 employees at 35 Dillon Avenue. Dr. Kilkenney replied no. Where are they going to park? Commissioner Rich pointed out that it appears the previous business at 35 Dillon had more employees. Dr. Kilkenny said that she never saw more than three or four people at 35 Dillon and they often parked in her lot. Mike Christian, 476 E. Campbell Avenue: • Said he speaks for the pregnant women who show up at their office and find it difficult to leave our parking lot. It is dangerous with the turn traffic coming onto Dillon from Campbell Avenue. • Stated that he is sorry that when remodeling their site their parking had to be converted into a pathway. • Said that their options are to place restrictive parking signs on their property and perhaps close off the parking lot. They don't want to do that. Liane Burton advised the Commission that any new staff hired would be for outside sales. They would operate from home and out in the field not at this office. On site they have an office manager and a pricing clerk. Everyone else is out during the day. Campbell Planning Commission Minutes for August 8, 2017 Page 13 Commissioner Rich clarified that they currently have four employees. They want to increase to a maximum of 10 employees. Would the additional six employees all be outside sales? Liane Burton said they have enough office staff and the rest of the staffing need is for outside sales. Commissioner Hernandez asked about the potential for sales staff working from home. Liane Burton said yes. She said that some of their salespeople do work from home and it is a valid option for any new employees. Chair Kendall sought verification that they can actually have as many employees as they want as long as no more than five are on site at any one time. Planner Stephen Rose said that is correct. Chair Kendall closed the Public Hearing for Agenda Item No. 4. Commissioner Reynolds: • Said that this is going to be tough and interesting. • Stated that the way we're currently growing it is imperative to build housing near where people work. • Pointed out that there are two very large housing developments in this area. The construction from that is impacting parking until those projects are completed. • Added that we do a good job in building in parking on new developments. The Downtown is expanding into this area and parking demand is growing. • Stated his belief that these owners (Burtons) bought the building with the idea of being able to expand. • Discussed the parking situation on neighboring properties with their own parking lots. • Recounted that he owns multiple properties and had to have a car towed from one of his properties last Sunday. It is the responsibility of the property owner to manage their property. • Stated his recommendation that the owners of the adjacent properties step up enforcement of their parking. • Cautioned that the Downtown Core will continue to grow in that direction. • Said that he is okay allowing six additional outside sales people for this business. While they may occasionally come to this office location, they will not all be there at one time. Outside sales people are out in the field. • Said it is important to give this business the opportunity to grow. • Pointed out that the future residents from the nearby housing units under construction are potential new employees for this company. Campbell Planning Commission Minutes for August 8, 2017 Page 14 Commissioner Rivlin: • Said that he lives nearby and drives down these streets. There is lots of traffic and parking demand. • Added that he is very proud to be in Campbell. He loves the energy it is developing. • Admitted that telling a business owner that their expansion plans can't happen is discouraging to him. • Pointed out that he had to park on the public street tonight to come to City Hall to attend this meeting. • Stated that their office space can contain ten people. Commissioner Young: • Said that there is an emotional element with this request. • Stated that the SOCA (South of Campbell Avenue) Area is seeing a lot of change and construction. That includes more occupancies and vibrancy and traffic in the area of Campbell Avenue leading toward Campbell Park. • Reminded of the situation with MBO, the auto repair shop that had parking challenges. Even after the Commission reduced their hours, the MBO use with its available parking did not work out there. • Added that both the Madison and 300 Railway projects were forced to provide enough parking on their developments. The burden of parking falls to the property. • Said that this site can only park a limited number of staff with the level of street parking in the surrounding area. Commissioner Rich: Said that he appreciates the comments made by Commissioners Rivlin and Reynolds. Clarified that it seems the Burtons are okay with a maximum of five employees on site at a time but want to be able to have more than five associated with their business. Chair Kendall clarified that they seek five more parked positions in this building. Director Paul Kermoyan: • Stated that they are asking for an increase from the current five employees on site to a maximum of ten employees on site. • Said that is what the appeal is for. • Added that Liane Burton mentioned something different this evening. It's different from what the appeal is about. Commissioner Rich said that is not what he heard. Commissioner Hernandez asked if they are approved and allowed to go up to ten employees, does that become a permanent standard for the building. Director Paul Kermoyan replied yes. That becomes the new "grandfathered" standard for the building. Campbell Planning Commission Minutes for August 8, 2017 Page 15 Commissioner Rich asked about the previous building owner. A business license was mentioned. Planner Stephen Rose explained that the rear tenant space was occupied by a dental lab and included three to four employees. The front business space was often vacant. The building was in disrepair and the Burtons fixed the building up nicely. Commissioner Rich said what he hears as their request was to go up from the current five up to a total of 10 employees on site. Chair Kendall: • Said that it is not an easy situation. She can see all sides of this. • Stated that the Burtons have assured that they are not using their neighbors' parking. • Added that there are other companies in the immediate area with code enforcement problems. • Stated that what has happened with this building is that there are five non-existing parking spaces intended to serve this building and they are asking for five more non-existing parking spaces to bring occupancy of their building up to 10. • Agreed that buildings usually have on-site parking to serve their parking needs. • Reminded the Commission of the shared parking agreement that was put in place for Bottle and Bottega and Uncle John's Pancake House. Their operational hours are staggered so the same spaces can serve both businesses. • Pointed out that the Del Grande property will also soon be fully developed. • Said she is encouraging other businesses nearby who may have surplus parking enter into a shared parking agreement with Copper/Burton. Director Paul Kermoyan: • Cautioned that those suggestions would have no bearing on this decision. • Added that there is nothing restricting more than five employees. Just more than five employees in this building at any time. • Agreed that the Burtons could contact nearby property owners to see if some sort of shared parking agreement could be developed. It would have to be recorded as a deed restriction and would likely involve an associated expense (rent or fee) for use of the shared parking spaces. • Reiterated that the proposal that came before him from the Burtons was inconsistent with the Code. Chair Kendall: • Said that she supports Commissioner Young's statement. • Said that she wouldn't be happy if she couldn't grow her business despite the fact that there is sufficient space inside the building but no parking to support it. • Stated that the Commission needs to support the Community Development Director's decision based on what it has done in the past. Campbell Planning Commission Minutes for August 8, 2017 Page 16 Director Paul Kermoyan: • Said that given additional research of records, he would be comfortable giving the Burtons an additional parking credit - for a maximum of six parking spaces -since the per parking standard for industrial zoned properties is one parking space per every 400 square feet. Since this building has 2,400 square feet that would reach the six "grandfathered" parking spaces credits. Planner Stephen Rose referenced Page 6 of the staff report. Commissioner Hernandez: • Said that with a parking credit extended by one space to a total of six that would allow six employees on site at any time. • Asked what that change does to the appeal. • Said that she wouldn't support changing this site for up to 10 employees on site at any given time. • Stated that she can understand the variability in staffing allowed already. It does not need to be increased. • Reiterated that she is okay as long as there are no more than six at one time on site. She would support up to six employees but not up to ten. Director Paul Kermoyan: • Suggested that based on what he is hearing, the Commission could elect to reject the appeal but also approve a Modification to the Administrative Planned Development Permit to allow up to six employees. • Added that staff would need to prepare the draft resolution and suggested that this item be continued so the resolution could be drafted and brought back to a future meeting. Commissioner Rivlin: • Stated that the overarching issue is parking. • Pointed out that transportation is changing with ride-sharing services, Uber, Light Rail, etc. • Suggested that some of those alternative modes of transportation could be utilized. Perhaps allowing expansion in number of employees as long as only five associated cars are drawn to the building any given day. Director Paul Kermoyan: • Advised Commissioner Rivlin that what he is conveying is a Parking Management Plan process. Reported that when a use is proposing to deviate from the parking standard they may apply for a Parking Management Plan for consideration by the decision- making body, be it the Director or the Planning Commission. Added that their PMP would need to show how they are reducing trips. Commissioner Rivlin said that alternative is for them to provide off-site parking. Campbell Planning Commission Minutes for August 8, 2017 Page 17 Director Paul Kermoyan said that is a separate requirement. If another property allows such a shared agreement, their property becomes permanently encumbered via a deed restriction that is recorded against the property. Commissioner Rich: • Said that he was struggling with limiting a business on their number of employees. • Agreed that the issue is the number of cars and not the number of employees. • Said he could support ten employees on site at any given time but only five or six associated vehicles. • Questioned just how that provision could actually be enforced. Commissioner Reynolds: • Said that he likes consistency - in theory -with each case being decided on a case-by-case basis and based on its merits. • Admitted that four more employees is not a deal breaker for him. • Pointed out that the younger generations are not getting their driver's license. Instead many are using Uber to get where they need to go. • Stated that he hates to stifle growth of a business. • Reminded that there is so much new housing underway within two blocks of this business who will house potential future employees. • Stated his support for the appeal and to allow ten employees. Commissioner Rich: Said that it is not the number of employees that is troublesome but rather it is the associated parking to hold the vehicles that get them there. Stated that he is not okay with having 10 vehicles associated with this business at 35 Dillon Avenue. Six vehicles would be his maximum that is supportable and with ten maximum employees on site. Commissioner Rivlin said that is not enforceable. Commissioner Hernandez asked how enforceable it is with the current limitation of five vehicles. Commissioner Rivlin reiterated that ten employees with only six associated cars is not enforceable. Commissioner Hernandez: • Suggested that the appellants be asked to come up with a plan to have more employees at their business location but only need to park six cars. They can talk to other property owners nearby to see about renting excess parking spaces and/or to allow some employees to work from their homes. • Said that the she would suggest denying the appeal and let them come back with a viable plan. Campbell Planning t~or~~mission Minutes for August 8. 2017 Page 18 Director Paul Kermoyan: • Suggested continuing to allow a new agreement to be developed. The appellant can try to get an agreement with another property owner for shared use of some parking. • Reminded that what is being appealed is the number of people on site at one time. • Added that a Parking Management Plan can also be applied for by the appellants. That PMP needs to be concrete and workable. Commissioner Young: • Suggested denying the appeal. • Agreed that this company wants to grow but has a finite amount of available parking to work with. • Pointed out that that description he just made also described the previous situation with Barracuda. They were in the same situation with their overflow parking overwhelming the adjacent residential street's parking. • Said that the answer tonight is a denial and having the appellants work further with the staff. It seems they have outgrown their space although they just got there. • Reminded that the Commission cannot control behavior. Commissioner Rivlin questioned whether a denial would be the answer if parking were not at a premium. Director Paul Kermoyan: • Replied yes. The parking standard requires the provision of on-site parking and not street parking. • Pointed out that if every use had sufficient parking, the streets would be empty of parked cars. • Stated that sites should be self-supporting in terms of parking and not overflowing onto the public street. Commissioner Rich: • Urged the Planning Commission, appellants and staff to consider the direction that transportation is going. • Advised that many people are starting to learn to live without cars by using alternate modes of transportation. Chair Kendall: • Said that the Commission is not penalizing this appellant but rather applying the City's Codes. • Stated that the Commission has provided thoughtful and constructive feedback to help the appellants come back with a different parking solution, which doesn't necessarily include cars. Commissioner Rich reiterated his belief there is need to adapt to changing transportation options. Campbell Planning Commission Minutes for August 8, 2017 Page 19 Commissioner Hernandez: • Said that this is what the Commission has to work with right now. • Added that she too deals with parking every day. It is getting harder and harder to park where one needs to go. • Reiterated that this is the Code that we are working with right now. The Guidelines and Codes and trying to be consistent in applying them. • Stated that she is encouraging the appellants to be creative. Take into consideration how work schedules can perhaps be staggered, how some employees can work from their homes and what can be done to limit the number of cars coming to this location. • Said that she is supporting denial of the appeal. Commissioner Rivlin: • Thanked Commissioner Rich for his comments. • Agreed that the existing Codes need to be reviewed. • Added that it would be a good idea to see how Codes work or don't work with alternative transportation methods. • Reminded that the Community Development Director gave alternatives to the appellants including the preparation of a Parking Management Plan (PMP). Commissioner Young: • Agreed that the solution seems to be a PMP. • Added that the Commission is not saying no to these business owners. They really need to expand but they will also have to come up with alternatives on how to make their business work at this location with more employees on site given its parking limitations. • Said that he appreciates where Commissioner Rich is coming from. Car sales are now down. Commissioner Rich suggested considering page 3 of 5 to allow for six grandfathered parking spaces. Chair Kendall agreed. City Attorney Bill Seligmann: • Said that if the Commission decides to take action tonight, they would be overturning the Director's decision and modifying the original Administrative Planned Development Permit to allow six grandfathered parking spaces to serve this building. • Suggested that an alternative would be to continue this item to bring back conditions and findings. If that is the option taken, there would be no more public hearing or comment just a review of the conditions and findings. • A third alternative is a straight continuance to the next meeting on August 22, 2017. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Young, the Planning Commission adopted Resolution No. 4406 granting an appeal of the Community (_`;~`pt k}~I~ ~~~,'~Yi9ifi~s~~ ~;r~~_i"l~?ll~~loll I`~il~ll,~~£~: ~rJr 6'°,R.it~9_;~~ ?~, ~~~~ r' Page 20 Development Director's denial of a requested Modification (PLN2017-111), of a previously approved Administrative Planned Development Permit (PLN2015-284), to amend Condition of Approval #4.c. to allow the maximum number of staff at any one time to be increased from five to six within an existing professional office building on property owned by Liane 8~ Steve Burton, located 35 Dillon Avenue, with the return of this item to the next Planning Commission meeting on August 22, 2017, to review and approve the findings and conditions of the drafted resolution, by the following roll call vote: AYES: Hernandez, Kendall, Rich, Rivlin and Young NOES: Reynolds ABSENT: Dodd ABSTAIN: None Chair Kendall advised that this item would be brought back to the Planning Commission at its next meeting on August 22, 2017, to review and adopt the conditions and findings as drafted by staff for the resolution. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan made the following comments on his Director's Report: • The next Planning Commission will occur on August 22, 2017. • Advised that immediately following the regular public hearing items, the meeting will adjourn immediately to a Study Session to review two Pre-Applications: o Proposed Orchard Supply Hardware (OSH) at the former OfficeMax in the Hamilton Plaza Shopping Center, including a 10,000 square-foot second- story/mezzanine expansion, on property located at 1760 S. Bascom Avenue; o Proposed Planned Development to construct three two-story multi-family residential homes, on property located at 65 S. Second Street. The Commission will provide preliminary comments prior to formal applications are submitted. ADJOURNMENT The Planning Commission meeting adjourned at 10 p.m. to the next Regular Planning Commission Meeting of u us 2017. SUBMITTED BY: n inn, Recordi g Secretary APPROVED BY: ~ ~~ /C~/ .r~/~ vo~rfe %end II. Chair ATTEST: n, Secretary