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PC Min - 11/27/20187:30 P.M. CITY OF CAMPBELL PLANNING COMMISSION MINUTES NOVEMBER 27, 2018 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of November 27, 2018, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Rich and the following proceedings were had, to wit: ROLL CALL Commissioners Present Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: Assistant Planner: City Attorney: Recording Secretary: APPROVAL OF MINUTES Michael L. Rich JoElle Hernandez Stuart Ching Mike Krey Maggie Ostrowski (arrived 7:34 pm) Andrew Rivlin Paul Kermoyan Daniel Fama Stephen Rose Naz Pouya William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Hernandez, seconded by Commissioner Krey, the Planning Commission minutes of the meeting of November 13, 2018, were approved as submitted. (5-0-1- 0; Commissioner Ostrowski was not yet present for this vote) Campbell Planning Commission Minutes for November 27, 2018 Page 2 COMMUNICATIONS Director Paul Kermoyan listed the desk items as follows: • Materials relating to Agenda Item 2 • Materials relating to Agenda Item 3 • Materials relating to Agenda Item 4 AGENDA MODIFICATIONS OR POSTPONEMENTS There was a brief discussion by Chair Rich about potentially reorganizing the order of the agenda to deal with two Commissioner recusals for Item 2 and the anticipated later arrival by Commissioner Ostrowski who would be needed in order to achieve a quorum to proceed on Item 2. However, Commissioner Ostrowski arrived during this discussion so it was decided that the order of the agenda could remain as originally set. ORAL REQUESTS Raja Pallela, Resident on W. Hacienda Avenue raised the question of where the ultimate determination of a property appraisal is determined. Is it the City? Is it the County? He explained that the information is different for both. Director Paul Kermoyan said that staff could not address this as it was not an agendized item and is not really a Planning Commission item unless Mr. Pallela were to appeal the Director's determination once made. He advised the Commission that staff has been working with Mr. Pallela. Raja Pallela stated that the Planning Department has been extremely helpful to him. PUBLIC HEARINGS Chair Rich read Agenda Item No. 1 into the record as follows: 1. PLN2018-276 Public Hearing to consider the application of AFG Investment Group LLC for a Planned Development Permit (PLN2018- 276) for an approximately 114 square -foot rear addition to an existing single-family residence/historic Structure of Merit on property located at 68 S. Fourth Street (aka 70 S. Fourth Street). Staff is recommending that this item be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: January 15, 2019. Project Planner: Naz Pouya, Assistant Planner Ms. Naz Pouya, Assistant Planner, provided the staff report. Director Paul Kermoyan added that the Historic Preservation Board (HPB) is very diligent in its review and recommendation on issues such as type of window Campbell Planning Commission Minutes for November 27, 2018 Page 3 replacement. The historic house at 99 Alice Avenue was required to replace wood windows with wood windows. Commissioner Hernandez provided the Site and Architectural Review Committee update as follows: • Advised that SARC was supportive but questioned the applicant about their plan to replace the existing wood windows with fiberglass on the exterior and wood on the interior. • Reported that the applicant explained that the existing wood windows were rotten. • Concluded that given that HPB was okay with the use of the fiberglass exterior framed windows SARC could also be supportive. Chair Rich asked if there were questions for staff. There were none. Chair Rich opened the Public Hearing for Agenda Item No. 1. Angelo Grestoni, Applicant: • Explained that the use of wood windows doesn't work. The existing wood windows became rotten as there was no overhang to help protect them from the elements. • Pointed out that the new windows are wood indoors but have a fiberglass cladding on the outside. Chair Rich closed the Public Hearing for Agenda Item No. 1. Commissioner Ching: • Said that there are things to consider including consistency with the Planned Development zoning and a review 'and recommendation by the Historic Preservation Board (HPB). • Stated that both the HPB and SARC considered the issue of the windows and both were supportive of the proposed windows. • Concluded that he can support the resolution for this project. Chair Rich agreed that it is in line with the applicant's statement. Commissioner Ching replied correct. Commissioner Hernandez: • Said that she would agree that the lack of an overhang precludes the use of wood windows on the outside. • Pointed out that the proposed windows will look very similar. • Reported that a member of the HPB also participated at the SARC meeting. • Stated that she is comfortable allowing these windows in this instance. The old wood windows could not be used. These new ones will last longer. Motion: Upon motion of Commissioner Krey, seconded by Commissioner Ostrowski, the Planning Commission adopted Resolution No. 4472 recommending approval of a Planned Development Permit Campbell Planning Commission Minutes for November 27, 2018 Page 4 (PLN2018-276) for an approximately 114 square -foot rear addition to an existing single-family residence/historic Structure of Merit on property located at 68 S. Fourth Street (aka 70 S. Fourth Street), by the following roll call vote: AYES: Ching, Hernandez, Krey, Ostrowski, Rich and Rivlin NOES: None ABSENT: None ABSTAIN: None Chair Rich advised that this item would be considered by the City Council for final action tentatively at its meeting on January 15, 2019. Commissioners Krey and Rivlin advised that each would have to recuse from participating on Agenda Item 2. Commissioner Krey resides within noticing distance. Commissioner Rivlin was not at the previous hearing for this item so could not participate at this one. Chair Rich read Agenda Item No. 2 into the record as follows: 2. PLN2018-262 Public Hearing to consider the application of Igor Ushomirsky, on behalf of Starbright School, for a Modification (PLN2018-262) of a previously Modified Conditional Use Permit for a commercial day care center to also allow use of the facility as a community/cultural/recreation center, public assembly use, large tutoring center, and large studio and permit late night activities for indoor janitorial services on property located at 1806 W. 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: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, provided the staff report. Director Paul Kermoyan: • Reminded that at the last meeting staff heard that the Planning Commission wanted to find a creative way to view this use. • Said that staff looked at all aspects of the use. There was a lot of opinion and a lot of interpretation. There are other ways to look at it as well. Commissioner Hernandez pointed out that the proposed administration hours are long and questioned why. Planner Stephen Rose explained that standard business hours in Campbell are between 6 a.m. and 11 p.m. unless a Use Permit is issued with different hours. He Campbell Planning Commission Minutes for November 27, 2018 Page 5 reminded that administrative hours were not stipulated previously for this use. This range is rather typical. Chair Rich asked if there were questions for staff. Commissioner Hernandez asked about the differences in building safety requirements when comparing theater uses to multi -use room uses. Planner Stephen Rose: • Explained that a building permit is required to establish a use within a specific location. The Building Official reviewed this use as an educational facility and as such only had to meet "E" Occupancy Standards. • Said that by introducing a third -party use and allowing adults to use the facility that changes the Occupancy from "E - Educational" to "A - Assembly". The requirements change to reach "A" Occupancy. • Added that it shouldn't be too difficult given the building already has fire sprinklers. • Concluded that it is not anticipated to achieve "A" Occupancy. Chair Rich asked if staff is comfortable the definition is enough to get compliance? He added that the term "cultural" is pretty broad. Is there enough definition? Planner Stephen Rose advised that he wrote it to be broad. In general, ambiguity runs both ways. If it is unclear, the applicant can discuss it with the Community Development Director who is empowered to give authorization. If the applicant disagrees with the Director's interpretation they have an opportunity to appeal any denial to the Planning Commission. Director Paul Kermoyan: Said that conversation was had at staff level. Added that he would monitor the use and if concerns arise, will have a conversation with the applicant. Concluded that the use includes typical activities of a cultural center or facility. Chair Rich asked the reason this existing use was brought to the attention of the city. Planner Stephen Rose reported that there were no issues or complaints. However, a third -part user had sought out a one -day liquor license for an event to be held at this facility. Per the approved conditions for this use there is no provision to include alcohol service at this site. Chair Rich opened the Public Hearing for Agenda Item No. 2. Barton Hechtman, Attorney for Starbright School: • Reminded that at the June Study Session Starbright's request for expansion generated incredible support. • Stated that Starbright is a valuable community asset. Campbell Planning Commission Minutes for November 27, 2018 Page 6 • Added that they seek approval of a Modification to their previously -modified Use Permits to merge all their uses into one. • Expressed appreciation for working with staff and that staff is recommending approval. • Admitted that they remain concerned about some of the proposed conditions of approval. It is important to have clarity. • Said that this site is used for student productions and not just for daycare. • Suggested the deletion of weddings and funerals as they would never have those so they don't need to be included as an allowed use. • Added the need to provide some clarity on types of movies that can be shown and that there remains some conflict as to what constitutes "live performances". • Said that as a safety issue, the 10 parking spaces currently marked for drop off and pick up of children are important to keep as they are. • Stated that the trash enclosure requirements include draining into the sewer and to have a roof over it are excessive and expensive. However, they are not changing their use so they are asking relief from that requirement. • Reminded that they have "A" Occupancy already. • Asked those in the audience who are here in support of the Starbright School application to please stand. The majority of the full house stood. • Requested that the Commission adopt staff's recommendations with some modifications to the conditions of approval that Starbright School is asking for. Commissioner Hernandez asked Mr. Barton Hechtman why Starbright's administrative hours are so long. Barton Hechtman said the hours requested were done so in an abundance of caution since teachers sometimes need to come in early to prepare for their day. Commissioner Ostrowski asked Mr. Barton Hechtman what specific uses he'd like to see listed as allowed under the use permit. Barton Hechtman: • Reiterated his suggestion to remove the weddings and funerals currently listed. • Suggested adding hobby clubs, civic meetings, art exhibits, educational performances, live theater performed by community residential theater companies, traveling theaters, and commercial films with MFAA rankings. • Stated that their effort is to make it clear that they don't want to make their facility a theater. Planner Stephen Rose: • Said that staff accepts the applicant's recommendations except that "Live Entertainment" requires a Police Department permit with Council action to allow. • Reiterated that the applicant's proposed revisions are acceptable with the exception of the last four. o Condition 3-A -Pointed out that the loading/unloading area has 10 stalls that were installed without permits. They include a significant amount of yellow painted crosshatch on the asphalt. What staff has conditioned is to have the Campbell Planning Commission Minutes for November 27, 2018 Page 7 curbs painted yellow and the existing painted crosshatch be removed. He added that there are other ways of dealing with parking. A cleaner approach. Chair Rich restated the suggestion for yellow painted curb and signs limiting use for specific times of day to school drop off and pick up. Planner Stephen Rose: • Said that the condition proposes two hours per day, one hour in the morning and one hour in the afternoon. That would free up this parking for use by others in the shopping center when they are not needed by the school. • Explained that processing a Modification is a "triggering" event leading the requirement to upgrade the trash enclosure to be code compliant. It is anticipated that the request for land use updates provides the city with an opportunity to get things up to current code. Upgrades to a trash enclosure require that runoff water drains into the sewer drain rather than the storm drain. Director Paul Kermoyan: • Said that he has had conversations with the City Attorney regarding trash enclosure. • Stated that all uses with trash enclosures must comply with trash enclosure upgrades. • Said that upgrade is only required when a change of use is requested as a means of providing a systematic incremental achievement of compliance. Planner Stephen Rose: • Advised that any relief to Building Code requirements is via an appeal of the Building Official's interpretation to the Building Board of Appeals, which is body that is appointed by the City Council like the Planning Commission. Chair Rich asked about phased compliance. Commissioner Ostrowski asked when an application is considered new. Planner Stephen Rose replied that there is a significant change occurring here. Director Paul Kermoyan advised that the trash enclosure requirements are standards developed by the Regional Water Quality District. Chair asked when the current code standard was put in place. Director Paul Kermoyan said at least 15 years. Chair Rich asked if the standards are County -wide or State-wide. Director Paul Kermoyan said he believes they are regional as per the name of the agency. Campbell Planning Commission Minutes for November 27, 2018 Page 8 City Attorney William Seligmann: • Said that the proposed changes to 5Dvi2a to read, "Include but not limited to..." creates more ambiguity. • Suggested that the list be limited to examples that are cited. Barton Hechtman said they were agreeable to that. City Attorney William Seligmann said the language should be, "Allowed uses shall be .... Followed by a specific list." Lori Krein, Resident on Kenneth Avenue, Campbell: • Suggested approval as requested as well as limiting the upgrades required. • Pointed out that the use is not changing much. Michael Stroud, Resident on Los Padres Blvd., Santa Clara: • Said that this use should go on as it has been. • Stated that the trash enclosure upgrades are requiring this school to pay for trash enclosure upgrades rather than for children's' futures. Pamela Roza-Bohrk, Resident on Meridian Ave, San Jose: • Said that she is a member of the San Jose Pop Up Choir, which provides family - friendly performances. • Pointed out that no food or drink is allowed at the Starbright Theater. • Stated that she would love to see this use continue. • Recounted how children love to sing along. • Added that any surplus funds generated from ticket sales to their performances go back to the school. Jeanne Perry, Resident of Santa Clara: • Thanked the Commission for its service. • Advised that she has worked for 30 years with children and finds Starbright to have the best developmental program that she has ever seen. • Added that it is important that it continue. • Said she is glad that the City is using the spirit of its Codes and not literal. • Questioned requiring a school to spend between $50,000 and $100,000 worth of work on a trash enclosure. That's only supposed to be required when there is a change of use. • Declared that an exception is due for Starbright. Galina Drabkin, Resident of Redoaks Drive, San Jose: • Stated that she feels compelled to speak out in support of this request. • Advised that this -facility cannot exist without renting their space out to other users for revenue. • Said that this facility serves people from many religions and nationalities. • Stated that Starbright is Campbell's jewel. • Suggested that this request be approved with minimal upgrades to the space. Campbell Planning Commission Minutes for November 27, 2018 Page 9 Irina Tenberg, Resident on McCoy Ave, Campbell: • Said that this process is a big concern. • Recounted that when Starbright went through the permitting process they got an approval that included a trash enclosure. • Added that this use continues to operate in the same building with the same multi- purpose use at that time as is there now. It was put in there more than 15 years ago. • Questioned the need to spend money on improving a trash enclosure versus improving kids. Director Paul Kermoyan advised that standards and codes change every year. Preserving water quality is an important consideration that impacts everyone. Sinohui Hinojosa, San Jose Resident: • Advised that she is the Vice President for a San Jose Firm Festival. • Pointed out that it costs a lot to obtain an MPAA ranking for a film. • Added that they struggle just to get people to a film festival. • Said that this room at Starbright can be used for just about anything. • Stated that the use of the space is the same as it has been. Anne Souza, Resident on Central Park Drive, Campbell: • Said that she is a dance teacher. • Added that she can appreciate environmental issues but is concerned about the possible cost of $50,000 to $100,000 for a trash enclosure. • Stressed the importance to have this Starbright facility in Campbell. Alicia Sanders, Resident on Comstock Lane, San Jose: • Said she is part of the organization Starting Arts. • Assured that the safety and security of children is in place at the Starbright School. • Added that she has never found a venue that is more concerned with safety and security. • Reported that when you arrive at Starbright their staff is there to support and assist. Visitors are not allowed to roam around the site unsupervised. Niko Akunts, Resident on Bismarck Drive, San Jose: • Stressed the need for the marked parking spaces especially given the close proximity of the school to the nearby Starbucks and Gym. • Added that these yellow markings are clearly visible. • Stated that people need to see that this is a school. • Questioned the requirements for the "trash can" and opined that there seems to be a personal vendetta against this establishment. • Pointed out that the City's own trash enclosure does not meet current standards being imposed on this school. Chair Rich reminded that staff's recommendation includes yellow curbs and signs to designate the school's drop off/pick up reserved hours for those spots. Campbell Planning Commission Minutes for November 27, 2018 Page 10 Ben Shapiro, Resident of Wunderlich Drive, San Jose: • Advised that he is 17 years old and a former student of Starbright School. • Added that he is an advocate for past and present Starbright students. • Stated that Starbright raises and educates the future leaders of tomorrow and asked that we let the leaders of tomorrow become model citizens of tomorrow. Anastasia Ku, Resident on Bouret Drive, San Jose: • Questioned the need for a building permit given they have been functioning here for the past five years with no complaints. The center is thriving. • Pointed out that Starbright is self-reliant with no funding from the County or State. • Asked that Starbright be allowed to continue to function as they have over the last five years. A man came up to the podium and asked who would tow the cars improperly parked in these marked spaces. He turned and left. Harry Rodgers pointed out that via his research of the City's website he read that the upgrades to trash enclosure upgrades are triggered by an increase in FAR with 50 square feet or more; new restaurant occupancy and with any proposed modifications to an existing trash enclosure. Anna Hisyjatullina, resident on New Ireland Court, San Jose, offered a "small suggestion: Why not just list what uses would not be allowed?" Chair Rich said he would ask the City Attorney for some help on this. Chair Rich closed the Public Hearing for Agenda Item No. 2. Director Paul Kermoyan said that staff is looking for a copy of the written interpretation referenced by Mr. Harry Rodgers from the website. Commissioner Ostrowski: • Thanked the community for its support of this school. It's nice to hear from a young former student. • Added that it is wonderful that staff's recommendation is that this request move forward. • Said that what must be interpreted is what the difference is between a multi -use facility versus a theater. • Stated that for her, a theater is' a large for -profit facility that runs movies all day including blockbuster films. • Spoke in regards to proposed revisions to the draft conditions of approval. It seems that all are in agreement as to the first three. • Advised that she goes to the nearby Starbucks often and has seen the marked drop off area for the school. It is unique but effective, which is important since from the outside you don't see it is a school. It's not a typical school -like setting. It is important to make sure we keep in mind that this is a unique place for a school. • Concluded that the issue of the trash enclosure will be discussed further. Campbell Planning Commission Minutes for November 27, 2018 Page 11 Director Paul Kermoyan: • Stated that was glad Mr. Harry Rodgers brought up the interpretation he had found on the website. • Announced that the condition for the updating of the trash enclosure to current standards can be removed. Commissioner Ostrowski: • Said that this is a great example for how we do what we do using different perspectives and viewpoints to reach a solution. • Said her last item to bring up is the Building Division conditions and reiterated that there is a Building Board of Appeals to consider challenges to such conditions. Commissioner Ching: • Stated his agreement with Commissioner Ostrowski's points. • Commended staff on its report, project analysis and work with the applicant. All have worked hard together. • Agreed that the issue remains whether this is a multi -use facility or theater. • Admitted that he agrees with staff's analysis. • Reminded that the issues raised by Starbright's attorney, Mr. Barton Hechtman, have been resolved. • Said it seems that the parking area is still to be discussed. • Agreed that it is imperative to acknowledge that a school is there serving kids. The effectiveness of that drop off space is most important. • Concluded that he agrees with Commissioner Ostrowski's remarks about the options for challenging the Building Division requirements on appeal. Commissioner Hernandez: • Stated her agreement with her fellow Commissioners who have spoken. • Commended staff and thanked members of the community for coming out and showing great support for Starbright. • Opined that there is enough difference between a theatre and a multi -use facility. • Stated that safety is important and Building's requirements are to make sure all is in compliance with a space to serve its uses. • Agreed that this is more of a multi -use purposed than a theater. • Said that she is fine with the proposed edits to the conditions as put forth by the applicant's attorney. • Said that she likes the use of yellow curb with signs to designate parking. • Added that tow signs are a good idea for dealing with any unauthorized use of these drop off parking spaces. • Stressed the need to make sure that kids are kept safe. Chair Rich: • Thanked staff and the community. • Said that the Planning Commission wanted to see something positive to come out of this but we still have to keep the General Plan and Zoning regulations in mind. • Stated that we get the benefit of having Starbright as an asset to the community. Campbell Planning Commission Minutes for November 27, 2018 Page 12 • Admitted that he is glad that the requirements to improve the trash enclosure can be removed from this project. • Pointed out that the only thing left to address is the standard process for parking using painted curbs and signs indicating reserved use hours and towing for unauthorized use during those hours. • Declared that he is 100 percent behind the safety of kids. • Asked Commissioners Ching and Ostrowski to elaborate on their respective positions on the parking. Commissioner Ostrowski: • Said that while use of yellow curbs and towing signs works fine for commercial uses with drop off for five minutes it may not be enough for drop off of young children. • Added that while the crosshatched markings put in place by Starbright may be something different, five to seven years ago a bike lane consisted of two white lines whereas today they are green painted bike lanes. They evolve over time. • Pointed out that there have been no concerns raised by the neighboring businesses about the school's restrictive parking markings. • Concluded that she doesn't see a reason for them to be changed. Commissioner Hernandez: • Cautioned that this form of markings is not done anywhere else. • Added that the bike lane changes were adopted into Code. • Said that other uses may copy this use of painted crosshatched lines. Commissioner Hernandez asked if there are other situations with a school located within a strip mall. Planner Stephen Rose: • Said that this is the only example. Usually these facilities are located along the street. • Added that the crosshatched markings lead to confusion as to where one stall starts and ends. • Suggested that they be required to go with the standard yellow striped curb with signs. If it doesn't work they can work with the Community Development Director to work out changes. Commissioner Ostrowski asked if restriping falls under the Building Code. Planner Stephen Rose said that a permit is required. Commissioner Ostrowski asked if they might be allowed to go back to their current striping if the standard striping protocol does not work for this use. Planner Stephen Rose said that it requires a permit to stripe or unstripe. If in the future they want to return to their crosshatch parking stripes, a Building Permit is required. Campbell Planning Commission Minutes for November 27, 2018 Page 13 Director Paul Kermoyan: • Said that it depends on how we word the condition. • Pointed out that the use of common motor vehicle stripes is a language in itself. If something is used that is different it can be confusing. • Added that while it is true this school is located within a strip mall the parking at that strip mall belongs to everyone. This is inconsistent with how we allocate parking in a shared parking situation such as a strip mall. Planner Stephen Rose: • Said that the school has need for drop off/pick up parking for a total of two hours. One hour in the morning and one in the afternoon. • Added that during other hours of the day that parking should be available for other uses within the strip mall. • Reported that he will be working with the Kirkwood Plaza owner, John Kirkorian, on issues of restrictive parking currently in place without approval. • Reiterated that the parking code assumes shared use of the parking. Commissioner Ostrowski said that kids are picked up at other times as well such as if one falls sick and must be picked up early. She suggested that one reserved spot be kept available for the school for the whole day. Commissioner Ching: • Sought clarification that the proposal is to have them cover their existing stripes, install yellow curbs and signs that indicate the restricted use hours. • Asked the reason for painting over the current crosshatched lines. Director Paul Kermoyan: • Explained that we are trying to reach a balance between preserving a safe spot to drop off and pick up children while allowing other users of the strip mall to use those spots at other times. • Reminded that for handicapped parking the handicapped vehicle space has blue curb and lines. For van accessible spaces there is additional connected space with blue crosshatch. In that use it indicates that space allows no parking. That area crosshatched in blue is intended to provide sufficient space to facilitate exiting from an accessible van from the side door using a wheelchair. Chair Rich said it seems that with the modified language by the City Attorney and the removal of the requirement for trash enclosure upgrades and the considerations between "A" and "E" occupancy rankings for the multi -use room that a motion may be in order. Planner Stephen Rose: • Adopt a resolution to approve a Modification to a previously -modified Conditional Use Permit to allow a commercial day care center to also allow use of the facility as a community/cultural/recreation center, public assembly use, large tutoring center, Campbell Planning Commission Minutes for November 27, 2018 Page 14 and large studio and permit late night activities for indoor janitorial services pursuant to Attachment A-1, with the following amendments: o Strike Condition 3-C; o Add child day care (Condition 5-D-6-i-L-A) o Amend Condition 5-D-6-1-A to read "shall be"; o Amend Condition 5-A-10-3 — Live Entertainment as provided by applicant. o Amend Condition 3-A — loading/unloading — 1 removed; 2 — including both options provide new signs restricting use of the spaces between 7 and 8 a.m. and 5:30 and 6:30 p.m., Monday through Friday Commissioner Ostrowski said that she thinks the reserved drop off parking should be left available for more than two hours per day (one in the morning and one in the afternoon). Commissioner Ching said that it is unusual for a school to be located within a shopping center and agreed that two hours for use of the restricted parking by parents for both morning and afternoon would be more appropriate and safer. Chair Rich added that the owner of the shopping center can come back with a master plan for all site parking at a later date. Commissioner Hernandez said she could go either way — two hours per day or four hours per day — for use of the reserved parking by the school. Motion: Upon motion of Commissioner Ostrowski, seconded by Commissioner Ching, the Planning Commission adopted Resolution No. 4473 approving a Modification (PLN2018-262) of a previously Modified Conditional Use Permit for a commercial day care center to also allow use of the facility as a community/cultural/recreation center, public assembly use, large tutoring center, and large studio and permit late night activities for indoor janitorial services on property with the changes to the conditions as articulated by Planner Stephen Rose with the following additional change: • Modify the hours for use of the reserved parking spaces, used for pick up and drop off of children, to two hours each weekday morning (7:30 to 9:30 a.m.) and two hours each weekday afternoon (4:00 to 6:00 p.m.); on property located at 1806 W. Campbell Avenue, by the following roll call vote: AYES: Ching, Hernandez, Ostrowski and Rich NOES: None ABSENT: None ABSTAIN: Krey and Rivlin Campbell Planning Commission Minutes for November 27, 2018 Page 15 Chair Rich read Agenda Item No. 3 into the record as follows: 3. PLN2017-375 Public Hearing to consider a City -initiated Zoning Code City -Initiated Amendment (PLN2017-375) to amend Titles 18, 20, and 21 of the Campbell Municipal Code relating to the permitting, construction, affordability, and usage of accessory dwelling units. Staff is recommending that this item be deemed Statutorily Exempt under CEQA. Tentative City Council Meeting Date: January 15, 2019. Project Planner: Daniel Fama, Senior Planner Mr. Daniel Fama, Senior Planner, provided the staff report. Chair Rich asked if there were questions for staff. Commissioner Hernandez asked for clarification to page 7, paragraph 3, that the intent is "converted" not "rebuilt". Commissioner Ostrowski asked how many ADUs have been constructed since 2017. Planner Daniel Fama said not a significant number, fewer than 10. There was just a modest increase. Commissioner Krey asked if there is any way to guess how many new ADUs might be sparked by these proposed changes to the regulations. Planner Daniel Fama said he suspects a lot in the San Tomas Area Neighborhood where there has been a lot of new construction and renovations. Commissioner Krey asked about the $85,000 household income level for people who could qualify for a deed restricted BMR unit. Planner Daniel Fama said that is the low income amount. Commissioner Krey verified that with a garage conversion into an ADU there is no requirement for new parking. The driveway would be used to satisfy parking demand. Planner Daniel Fama replied correct. He said that parking lost must be replaced but the driveway can be counted and used. Commissioner Krey asked about inclusion of provisions for JADUs (Junior Accessory Dwelling Units) in this Ordinance. Planner Daniel Fama said that JADUs are semi-independent units that can share a bathroom with the main house. Commissioner Krey asked if the JADUs would have a separate entrance. Campbell Planning Commission Minutes for November 27, 2018 Page 16 Planner Daniel Fama replied yes, both the ADJ and JADU would have its own entrance. Commissioner Krey asked if the property that adds a unit gets reassessed. Planner Daniel Fama replied yes. He said that every City finds what's good for them. He cautioned that additional new legislation is possible in the future. Commissioner Ostrowski asked what was allowed previously. Planner Daniel Fama said 700 square foot by right but deed restricted as affordable units. That's an area where the Planning Commission can provide direction otherwise. Commissioner Ostrowski asked if a new ADU can be constructed above a garage. Planner Daniel Fama said that an ADU could be built above a garage. The side setback cannot be moved back by more than five feet under the new legislation. Chair Rich asked about detached garage. If an existing detached garage is converted into an ADU could an ADU also be built above it. Planner Daniel Fama said the Commission could discuss that. Commissioner Hernandez asked why the streetside setback is 12 feet. Is it due to visibility concerns? Planner Daniel Fama replied that is the standard in every district in the City. Commissioner Rivlin said that an ADU can be occupied by a young adult or someone outside the family can rent. However, only one unit can be rented. Planner Daniel Fama said the current regulations allow only one of two units to be rented out on a single-family property. Either the main house or ADU would have to be occupied by the property owner. That is not part of the State mandate and the Planning Commission can change that limitation. Commissioner Rivlin asked how that provision is enforced. Planner Daniel Fama said a deed restriction is recorded. Commissioner Rivlin asked if it would be possible for an ADU to be merged back into the main house. Planner Daniel Fama replied yes. Commissioner Rivlin asked if that were to occur could the property owner then build a new ADU on the property. Campbell Planning Commission Minutes for November 27, 2018 Page 17 Planner Daniel Fama replied yes. Commissioner Ching asked if consideration of lot size is being removed. Planner Daniel Fama replied yes. Director Paul Kermoyan: • Said that for lots smaller than 10,000 square feet, the City is considering either a smaller or no minimum lot size limit. • Elaborated that the City would either lower the existing 10,000 square foot minimum lot size or remove a minimum altogether. Commissioner Ching: • Said he'd like to see the JADU included in this Ordinance. • Referenced page 3 affordability tied to a deed restriction. Planner Daniel Fama: • Reminded that the homeowner can choose an ADU of up to 700 square feet with no affordability deed restriction required. The homeowner could construct an ADU with an additional 500 square feet (total of 1,200 square feet) if the unit is deed restricted as BMR. • Stated that the City can't compel BMR but rather has to incentivize to achieve it. Director Paul Kermoyan: • That's not State law but rather we set up this approach. • Added that the Planning Commission can change that. Commissioner Rivlin asked what happens if an ADU is rented to a qualifying BMR tenant and their income later exceeds the BMR standard. Planner Daniel Fama said that income qualifications are reevaluated every year and if their income exceeds the allowed they would have to vacate the BMR. Commissioner Rivlin asked what happens if a family member is living in the unit and their income exceeds the BMR standard. Planner Daniel Fama explained that affordability is factored in two things — maximum income allowed to be earned to qualify for BMR and maximum rent allowed to be charged for said BMR. Commissioner Rivlin reminded that these issues don't apply to an ADU that is 700 square feet or less. Chair Rich asked about allowances for ADU in front of the main dwelling. Planner Daniel Fama replied that the requirement is for placement to the side or behind the main residence as currently included in the draft Ordinance. Campbell Planning Commission Minutes for November 27, 2018 Page 18 Chair Rich asked whether the 700 and 1,200 square foot sizes are predicated on the FAR. Chair Rich opened the Public Hearing for Agenda Item No. 3. Scott Rees, Resident on Harrison Avenue: • Said that it was amazing to watch the public hearing that happened just before this one discussing the Starbright School. • Stated that the Commission has a tough job. • Suggested that the current draft ADU Ordinance still needs some additional tweaking. • Added that he is speaking as a realtor. • Opined that the BMR deed restriction would negatively affect a homeowner's ability to resell their home. BMR units are more of a developer's thing not a homeowner's. • Added that a 10-foot distance required between the main house and other structures is too much. • Challenged the stated standard of a 400 square foot garage. That is not what is being constructed these days. Instead the standard is more 24 by 24 feet or 576 square feet. • Said that there is an opportunity to do something special here and not too narrow. Planner Daniel Fama said that the 700 and 1,200 square foot ADU sizes are exclusive of the 400 square foot garage space. If someone chooses to go with a 600 square foot garage, 200 square feet of that space would be counted against the maximum FAR. The standard garage size is 20 feet deep by 18 feet wide. Raja Pallela, Resident on Hacienda Avenue, Campbell: Said he echoes Mr. Rees about how impressive the_ previous hearing item was to observe. • Stated that the setbacks between primary residence and ADUs are too big. He agrees again with Mr. Rees on that. • Suggested that by increasing housing supply the demand would come down. • Said that the BMR provision should go away. • Concluded that ADU units should be allowed above a detached garage. Jo -Ann Fairbanks, Resident on Hacienda Ave, Campbell: • Started by admitting that she is unclear how many ADUs are allowed on a lot — be it interior, exterior or attached. • Stated her belief that the setbacks of the San Tomas Area Neighborhood Plan (STANP) will still apply for interior attached ADUs. • Suggested that it might be important to provide public noticing to the surrounding neighbors when an ADU is being proposed. • Said that there are areas in the City with huge front areas that wouldn't be allowed to have an ADU in front of the main house. • Expressed support for one-story ADUs only and not over garages. Campbell Planning Commission Minutes for November 27, 2018 Page 19 • Stressed having the maximum height for an ADU to remain at 14 feet. • Pointed out that 3.6.b in the report shows a story and a half example. There should be no 1.5 stories, no mezzanines and no lofts. • Supported the requirement for passageway entrances leading to an ADU entrance. • Recommended 7-foot high fencing to lessen the impact of an ADU to its adjacent neighbor. • Said that in regards to affordability, there should be no precluding family from being allowed to reside in an ADU rent-free and no matter what their income. • Said that she was not in favor of offering incentives and is not in favor of any FAR bonuses at all. Planner Daniel Fama: • Reported that only one ADU would be allowed on a property regardless of the type. • Added that the STANP applies to single-family residences. ADUs are not applicable to the STANP. Therefore, this draft ADU Ordinance does not create a conflict with the STANP. • Advised that the definition of "stories" precludes lofts, or half stories. • Informed that State Law precludes cities from requiring passageway entries. They can choose to do so but we can't require it. • Said that someone making less than $85,000 per year can live in a restricted BMR ADU rent free as long as it is still rented out at BMR rental rate the next time it is rented. Steve Tindall, Resident on Central Avenue, Campbell: • Advised that he had been planning to build a shop in his backyard when this issue came up and changed his train of thought on that. • Said that ADUs are a good way of allowing young people to stay here. • Added that it costs money to build an ADU and the owner should be able to rent it out at a rate to defray that cost. He pointed out that his own mortgage is $4,000. • Pointed out that three-story buildings are being constructed all over Campbell. It is becoming so crowded that one can't get out of one's driveway or neighborhood. William, Resident on Shady Dale Avenue, Campbell: • Questioned why setbacks are so large. • Why are the setbacks not like in other cities? Planner Daniel Fama ,reported that San Jose has a zero setback requirement. Bill Kelly asked how many folks have asked about ADUs who could not have one because their lots were too small. Chair Rich responded that's why we're here. Padma: • Asked why second floor ADU's are not allowed. • Reported that she has a second floor ADU. • Stated that the BMR restriction is not a good idea as property values are very high. Campbell Planning Commission Minutes for November 27, 2018 Page 20 • Added that it would cost between $200,000 and $250,000 to build an ADU so it's not practical to restrict the rents to BMR. Anne Sousa, Resident on Central Park Drive, Campbell: • Said that it seems penalizing to require the BMR restriction. • Stated that many people are looking at ADUs for family members that need to live in them. Ariana Neinavay, Resident on Sobrato Drive, Campbell: • Reported that she added two bedrooms to her house and was required to put a restriction on her title that that addition was not considered to be an ADU. • Asked if that restriction could be removed if the ADU Ordinance would allow an ADU on her property? Planner Daniel Fama replied that she would just need to comply with all of the standards of an ADU. Larry Hayes, 1172 S. San Tomas Aquino Road, Campbell: • Reported that 13 months ago he was here advocating for ADUs. • Said that this issue has come a long way. • Expressed support for cutting red tape to allow ADUs to be approved more quickly. • Added that $7,000 was too high a fee. Chair Rich closed the Public Hearing for Agenda Item No. 3. Chair Rich: • Said that as the Commission deliberates anything can be considered. • Asked each Commissioner to think about what they want to achieve with this. How details will impact what we want to do. Commissioner Krey: • Said that ADUs are a heck of an issue. • Said that good comments have been received for which he appreciates. • Pointed out that more housing is needed in general. That is the big picture. We need more affordable housing. • Assured that the issue of accommodating homeowners to allow their parents and kids to live in one's ADU, either free or at a rent they choose, can be worked out. Planner Daniel Fama said that there is no way to exempt family from the income restrictions imposed on BMR units. Commissioner Krey: • Said that he likes the BMR requirement. • Added that he doesn't want to destroy the existing character of our neighborhoods. • Agreed that ADUs should only be single -story. • Supported the requirement for fencing to help protect neighbors' privacy from impacts from the ADU. Campbell Planning Commission Minutes for November 27, 2018 Page 21 • Suggested that this could be a way of providing affordable units in the community. That is a big issue. Commissioner Hernandez: • Agreed that ADUs should be limited to single -story. • Added that she prefers at least a 10-foot rear yard setback for an ADU with five- foot setbacks for the two sides and a 10-foot setback from the street. • Continued to say that she does not support an ADU at a lot line or as close as five - feet from the rear setback. She does not want to see houses on top of each other. • Said that the income threshold of $85,000 seems arbitrary and is restricting someone from using their own property as they wish. Chair Rich asked Commissioner Hernandez if she has a different number in mind. Planner Daniel Fama said that $85,000 is based on definitions provided by the State. The lower income level is $85,000 while the moderate level income is $112,000. Commissioner Hernandez said that these income standards will go up. Planner Daniel Fama replied every year. Commissioner Hernandez asked about ADUs located in the front of a lot. Commissioner Rivlin: • Stated that Planner Daniel Fama provided a wonderful presentation on this huge issue and thanked him. • Admitted that he is not opposed to a second -story ADU over a garage and one located in front of a lot is fine as well. • Added that he is willing to entertain different setbacks but that needs more discussion. • Stated that a maximum square footage of 700 square feet (without BMR restriction) and 1,200 (with BMR deed restriction) still needs further discussion. • Said that with 30-year resets of BMR status each time the property sells could result in the ADR remaining a BMR unit forever. Chair Rich said he is in favor of a two-story ADU as long as it doesn't exceed the height of the main house. Director Paul Kermoyan said that would require administrative review. Chair Rich: • Said he likes the idea of BMRs. • Added that he has kids and it is a big concern as to what will happen when they get out of college with the rising cost of housing. • Reminded that the BMR deed restriction only kicks in if a homeowner goes for the larger unit. It depends on what you want to accomplish by construction of an ADU. Campbell Planning Commission Minutes for November 27, 2018 Page 22 • Stated that the current 700 square foot standard could be increased perhaps to 800 square feet. • Stressed the importance of attracting the best teachers and have them be able to live in the city in which they work. • Said the two outstanding issues seem to be whether two-story ADUs are supported and the BMR income level. Commissioner Rivlin asked staff what the minimum lot size is to be considered for lot split. Planner Daniel Fama said that given the standard minimum lot size is 6,000 square feet, the minimum lot to subdivide into two parcels would be 12,000 square feet. Commissioner Ostrowski: • Pointed out that what the Commission is hearing is that there is a need for more housing opportunities for people who live here. • Added that some homeowners want their kids to come back or stay in the area because they are currently being priced out. • Stressed the need to be careful to not cause upheaval for people. Chair Rich agreed. He said that staffs draft recommendation is to allow up to a 700 square foot ADU without requiring a BMR deed restriction. Commissioner Ching: • Agreed. Said that the question is "who are we trying to attract?" • Stated that we have to make this area more accessible to more people. • Suggested that it might be a good idea to increase the ADU size without BRM restriction from 700 to 800 square feet. • Concurred with Commissioner Hernandez by saying he doesn't like houses -to be built on top of each other. • Agreed with Commissioner Rivlin and Chair Rich that allowing an ADU over a garage is a good idea. • Admitted that he was against allowing an ADU to be built in front due to concerns with pre -manufactured buildings that may not be compatible with existing neighborhood appearances. If ADUs are allowed at the front he sees the need for some design restrictions. It would be less of an issue for those located in the back. • Said that he'd like to see JADU's (Junior Accessory Dwelling Units) to be included in this Ordinance as well. They provide a good opportunity for additional housing that could count against the City's RHNA (Regional Housing) requirement. Chair Rich said that the Commission could think of increasing the garage size from 400 to 450 square feet that is not counted against FAR. Commissioner Ostrowski: • Said that lot size and FAR standards still applies. The garage is included in the FAR. • Questioned the limitation of closets to 24 square feet as it seems small. Campbell Planning Commission Minutes for November 27, 2018 Page 23 Planner Daniel Fama said that it is an issue of affordability and the potential that larger "closets" could end up being used instead as additional rooms. Commissioner Rivlin suggested an increase in number of bedrooms from one to two in the 700 square foot ADU and up to three bedrooms for a 1,200 square foot ADU. Chair Rich suggested removing the bed and bath restrictions by allowing up to 2 bed/2 bath for the 700 square foot ADU and up to 3 bed/2 bath for the 1,200 square foot ADU but cannot exceed established FAR. Commissioner Ostrowski reminded that it costs a lot of money to build anything. Commissioner Hernandez: Provided the Commissioners an overview of establishing a Mills Act Contract Program for owners of historic homes that gives tax savings to allow homeowners to continue to reinvest in the maintenance of historic houses. She said that it took a while to get eligible homeowners to participate. Suggested that 1,200 square foot ADUs with BMR restrictions may be defeating the purpose of this ordinance, which is to allow families to have ADUs to serve their own family's needs? Chair Rich asked Commissioner Hernandez if she has recommendations. Commissioner Hernandez suggested smaller square footage or incentive. She suggested that this item should be continued for further consideration. Planner Daniel Fama said that staff needs some direction from the Commission. He reminded that this is an early draft and the BMR issue needs to be worked out more. Chair Rich asked staff about the second story ADU proposal. Director Paul Kermoyan clarified that there is no discretion in permitting ADU units. It must be done through a ministerial process. Commissioner Ching: • Asked what problem are we trying to solve? What tools do we have? "Here's the problem and here's how we can solve it." Commissioner Rivlin replied, "to solve a housing crisis?" Commissioner Ostrowski referenced Section 6-D in the State Law, maximum standards. Director Paul Kermoyan: • Said that is what they are deliberating on. • Suggested the Commission instead focus on issues such as setbacks. • Reminded that the Commission is not in agreement on anything. Campbell Planning Commission Minutes for November 27, 2018 Page 24 Planner Daniel Fama: • Said that a standard single-family lot shape is 60 feet wide and 100 feet deep to reach a 6,000 square foot lot. • Cautioned that with that geometry not everyone is going to be able to have an ADU. Director Paul Kermoyan asked the Commission what additional information they'd like staff to come back to them with. Planner Daniel Fama reported that the City of Santa Rosa waived its requirement for owner occupation on the property if the ADU is BMR. Director Paul Kermoyan said that perhaps information on how much it costs to build an ADU versus what rent would be needed to support it. Commissioner Krey supported no minimum lot size to allow an ADU but adherence to FAR and setbacks. He asked what the buildable FAR would be on a 6,000 square foot lot. Planner Daniel Fama said that a 6,000 square foot lot would allow 2,700 square feet of buildable area. Commissioner Krey said he'd like to have JADUs looked into too. Director Kermoyan said he hasn't heard consensus on having no minimum lot size. Chair Rich said as long as FAR, lot coverage and setbacks are met. Commissioner Rivlin suggested the provision of fit diagrams to demonstrate what is possible on different sizes of lot. Planner Daniel Fama: • Reminded that parking has not yet been discussed. He asked how permissive the Commission might be willing to be. • Said that they can require one parking space but they don't have to require one. Director Paul Kermoyan said that replacement parking on site can be achieved via the driveway. Planner Daniel Fama said that there is a range in standards for ADUs. San Jose has more permissive standards. Campbell's are more restrictive. The question remains whether Campbell wants to be more permissive or restrictive. Commissioner Hernandez said she doesn't want permissive. Director Paul Kermoyan sought clarification on the Commission's position on second - story ADUs and JADUs. Campbell Planning Commission Minutes for November 27, 2018 Page 25 Commissioner Ching said he would include JADUs and allow second -story ADUs above a garage. Director Paul Kermoyan asked what if the garage is detached. Someone could convert an existing room into an ADU. Commissioner Rivlin asked if a duplex could have an ADU. Planner Daniel Fama said that ADUs are only allowed on single-family properties so a duplex property could not have one. He suggested perhaps going back to a Study Session to flesh out the proposed Ordinance. Chair Rich said that is a fair suggestion as the Commission is still far apart. Commissioner Ching suggested design guidance for how an ADU could be incorporated in front of a property. City Attorney William Seligmann said that there can be design guidance provided but it must be objective. Motion: Upon motion of Commissioner Ostrowski, seconded by Commissioner Rivlin, the Planning Commission CONTINUED TO A DATE UNCERTAIN the consideration of a Zoning Code Amendment (PLN2017-375) to amend Titles 18, 20, and 21 of the Campbell Municipal Code relating to the permitting, construction, affordability, and usage of accessory dwelling units. (6-0) NEW BUSINESS Chair Rich read Agenda Item No. 4 into the record as follows: 4. PRE2018-10 Study Session to consider a Preliminary Application (PRE2018-10) for an approximately 2,300 square -foot two- story office building on a currently vacant parcel located at 300 Civic Center Drive. Project Planner: Daniel Fama, Senior Planner Mr. Stephen Rose, Associate Planner, provided the staff report. Director Paul Kermoyan: • Said that the key issue areas requiring future study include: o Navigate to a driveway that is located on a curve. o Lots of circulation issues. o Study safety issues via a Traffic Study. Campbell Planning Commission Minutes for November 27, 2018 Page 26 John Razumich, Imwalle Properties: • Said he is looking for feedback from the Commission including thoughts and feelings on the architecture and considerations of one-story versus two -stories. • Opined that an office would be optimal use of this site and they have even considered placing their own offices there. Commissioner Ostrowski asked for clarification of the first section. Is it open? John Razumich said it is a roof deck. Chair Rich asked the Commissioners to discuss one-story versus two -stories. Commissioner Ostrowski: • Said that either looks great. • Admitted that she likes the combination of materials and the look of an Old English Farmhouse. • Said she has no issues and loves the roof deck that she finds functional and useful. • Concluded that she thinks either office or retail uses could work at this site. Commissioner Rivlin: • Said that the architecture is appropriate with further study of the details to tie in with the City of Campbell. • Stated that he likes the idea of a roof deck as well as the idea of an office in Downtown Campbell. • Suggested that heavy study will have to occur on safety and accessibility. It is important to make sure that entrance is going to be safe. • Asked whether there is potential to work with the property to the south. Director Paul Kermoyan said that parcel has a separate owner. Commissioner Hernandez: • Said that she likes the cornices and other attention to detail. • Stated her preference for a one-story building because of massing and she likes the symmetry better but it's kind of plain. • Admitted that the two-story's massing is a little big for her. • Added that she does like the roof deck idea and that perhaps they can still do one with a one-story design. Director Paul Kermoyan said that they need an elevation for an office. Commissioner Hernandez: • Said office use is fine. • Cautioned that access is an issue that perhaps use of the alley way might help a little. • Reported that she uses that street (Civic Center Drive) all the time. • Asked where the trash enclosure would be placed. Campbell Planning Commission Minutes for November 27, 2018 Page 27 John Razumich advised that due to the small size of the space they would utilize residential -type containers rather than have an exterior trash enclosure. Planner Daniel Fama elaborated to say that there would be an internal room that is a "trash room" to house the containers. Commissioner Krey: • Said that he likes the double treatment. It works fine for an office. Retail would be fine but office is better. • Advised that he is okay with a two-story. That would work fine there. • Admitted that traffic is the question. That is a tough curve. Commissioner Ching: • Stated that he loves the design and use of brick and wood. It is very contemporary. • Added that he likes the two-story and understands the massing. In this setting it works. • Said that he likes the living walls. • Opined that this is one of the best building designs he's seen. • Suggested that for the deck a tree(s) and other greenery would be good. • Agreed that there might be some opportunity to tie in with the back alley. Chair Rich: • Said that he has no preference between a one and two-story design. • Pointed out that an office space in this location will benefit the restaurants and retail of the Downtown. • Agreed with the comments of the other Commissioners. John Razumich mentioned the suggestion of a flashing sign that is tripped by a wire located on their site to warn of a pending vehicle turn onto their driveway entrance from Orchard City Drive. Director Paul Kermoyan said that is an alert system that is seen a lot in Europe. Staff can look into that. Chair Rich advised that this item would be considered by the Planning Commission at a future date when the formal application package has been submitted. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan added the following comment to his written report: • Advised that Council would consider training and attendance standards for the Planning Commission Ordinance at a future meeting. • Asked anyone with questions to call him. Campbell Planning Commission Minutes for November 27, 2018 Page 28 ADJOURNMENT The Planning Commission meeting adjourned at 12:25 p.m. to the next Regular Planning Commission Meetin ecember 11, 2018. SUBMITTED BY: Co a Shinn, Recording Secretary APPROVED BY: ATTEST: