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PC Min - 08/27/2019CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY AUGUST 27, 2019 CITY HALL COUNCIL CHAMBERS The :Planning Commission meeting of August 27, 2019 was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Rivlin and the J following proceedings were had, to.wit: ROLL CALL Commissioners Present: Chair: Andrew Rivlin Vice, Chair: Mike Krey Commissioner: Adam Buchbinder Commissioner: Stuart Ching Commissioner: Terry Hines Commissioners Absent: Commissioner:. Maggie Ostrowski. Staff Present: Community Development Director: Paul'Kermoyan Senior Planner: Cindy McCormick City Attorney: William Seligmann Recording Secretary: Corinne Shinn APPROVAL OF MINUTES Motion: Upon motion by Commissioner 'Hines,' seconded by Commissioner Krey, the Planning Commission minutes of the meeting of August 13, 2019, were approved as submitted. (5-0-1; Commissioner Ostrowski was absent) Campbell Planning Commission Minutes for August 27, 2019 Page 2 COMMUNICATIONS None AGENDA MODIFICATIONS OR POSTPONEMENTS Director Paul Kermoyan advised that Item 2 could not be considered as there is not a quorum present to consider that item. ORAL REQUESTS None PUBLIC HEARINGS Chair Rivlin read Agenda Item No. 1 into the record as follows: 1. PLN2019-51 Public Hearing to consider the application of Allergan Sales LLC for a Site and Architectural Review Permit (PLN2019-51) to allow the construction of a new utility building to replace an existing larger utility building on property located at 501 Vandell Way. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner. - Cindy McCormick, Senior Planner Ms. Cindy McCormick, Senior Planner,. provided the staff report. Chair Rivlin asked if there were questions for staff. Commissioner Ching asked if there are any height restrictions for this zoning. Planner Cindy McCormick replied that the maximum allowed height is 45 feet and this project is proposed at 45 feet. Commissioner Ching asked if the use of louvers was for noise attenuation only or for ventilation as well? Planner Cindy McCormick said she would defer response to the applicant. Chair Rivlin opened the Public Hearing for Agenda Item No. 1. Wayne Johnson, Representative for Allergan Sales, LLC: • Said that they have offered color options for the louvers. • Advised that the louvers provide noise attenuation. • Presented a model that is 6-inch while the actual will be larger at 16-inches. Campbell Planning Commission Minutes for August 27, 2019 Page 3 • Stated that the use of these louvers would drop noise emanating from .the building down from 100 to 70 decibels. The louvers will also .allow air in. • Concluded that he is available for any questions. Commissioner Buchbinder asked what is being manufactured in this new building. Wayne Johnson replied it was biological, a drug substance, for their botulism line. Chair Rivlin asked about the existing dirt lot and inquired if it would remain just a dirt lot. He understands it is fallow due to poor soil. Wayne Johnson: • Said there are no plans for that part of the lot yet. • Added that discussion about that vacant area is still on -going and might be decided in the second or third quarter of next year. • Stated that the vacant lot consists of heavy clay base and perhaps will require soil restoration. • Concluded that it is mainly a cost issue at this time. Chair Rivlin suggested throwing down some wildflower seeds in the interim. Wayne Johnson said they were not opposed to trying that, Commissioner Ching asked how the 70-decibel standard estimated for this new building will compare to the sound that came from the previous building it will replace. Wayne Johnson: • Said that the previous building was a concrete tilt -up. • Admitted that he doesn't have the noise measurements from the previous building, but it would have been more. • Said a guess is that it would be approximately the same. Commissioner Ching: • Said that the inclusion of louvers would reduce the impacts of the third story. • Suggested possibly having vines growing upon these louvers. • Asked if vines would impact the functionality of the louvers in terms of noise attenuation or air flow for the building. Wayne Johnson said there probably would not be much of an impact from vines but for the fact that they would have to be maintained to allow for proper ventilation. Chair Rivlin closed the Public Hearing for Agenda Item No. 1. Commissioner Krey provided the Site and Architectural Review Committee as follows: • Said that the only issue was that this is a very basic structure, but it is located on an industrial site that is far from Winchester and the railroad tracks. It is a nice industrial site. Campbell Planning Commission Minutes for August 27, 2019 Page 4 • Added that the applicant described why a three-story was needed here. It will be more useful and less costly. Commissioner Hines: • Said that he likes the height. It offers good growth potential for the site and is a good investment for that site. • Added that they are investing for the long-term efficiency. Planner Cindy McCormick added that it is easier to bridge all utilities from a three-story than from a single -story structure. Commissioner Hines: • Asked if they achieve a net -zero factor in terms of energy use. • Added that this is a good use of an industrial site and area. It is a good match. • Concluded that it is not visible from Winchester and the Barracuda site across Winchester. Chair Rivlin asked if there is anything in the code that allows or disallows reaching a decibel level of 70 or beyond. Planner Cindy McCormick advised that uses located near residential uses have a lower decibel standard. She said she doesn't have the maximum standard for commercial uses. Director Paul Kermoyan: • Said that the General Plan establishes a decibel level for residential be 65. • Added that this is a 70 decibel in an industrial park that allows more than residential zones. Chair Rivlin asked if this building would emit light at night. Chair Rivlin re -opened the Public Hearing for Agenda Item No. 1. Wayne Johnson returned to the rostrum. Chair Rivlin restated his question as to whether this building would emit light at night. Wayne Johnson replied that it would not. Chair Rivlin asked if the building functions at night. Wayne Johnson replied that it is in operation 24-hours a day and reiterated that light should not be visible from outside the building (louvers). Commissioner Hines asked if the louvers help achieve efficiency. Wayne Johnson said that they utilize the best available technology. He added that he doesn't have actual energy calculations but could get them if the Commission so desires. Campbell Planning Commission Minutes for August 27, 2019 Page 5 Commissioner Hines said that his statement of using best available technology satisfies him. Chair Rivlin re -closed the Public Hearing for Agenda Item No. 1. Chair Rivlin said he wanted to see a mock-up of the final, product of louvers. i Director Paul Kermoyan: • Reiterated that the Noise Ordinance is the most awkward of ordinances and is geared to residential concerns rather than commercial uses. • Advised that per the Noise Ordinance, street noise (circulation) is the chief culprit of noise. It's not so much land use. • Stated that the Zoning Ordinance gives credence to existing noise. • Said that as this is industrial to industrial, so it is rather ambiguous. Chair Rivlin pointed out that the nearest residential uses are on the other side of Winchester. Director Paul Kermoyan said that is less than 500 feet and closer to 300 feet away. Commissioner Buchbinder pointed out that the new building is ,estimated at a 70-decibel level. Traffic is louder than any noise that will be coming from this new plant. Director Paul Kermoyan: • Agreed that street noise is at 70 decibels. • Added that the applicant has stated a 70-decibel standard at the edge of their building. It gets lower as you move further away from that building. • Reminded that no sound or light study was performed. Commissioner Hines: • Reminded that this is the area for light industrial uses. • Added that this use meets that requirement for industrial use. • Stated that the applicant is investing in this property to make it workable for Allergen. • Stated that there would be a limited view of this building from Winchester and it is also located some distance back from the site's front entry gates. • Concluded that he would be in favor of this proposal. Commissioner Buchbinder: • Said that sound is expected to be a non -issue assuming the louvers do what they are supposed to do. • Said that the use of added height is an excellent use of space on this property. • Concluded that it sounds like a good idea. Commissioner Hines: Campbell Planning Commission Minutes for August 27, 2019 Page 6 • Reminded that the width of the louver sample is smaller than the actual proposed louver. The mock up sample is six -inches while the actual louvers would be 16- inches. Commissioner Ching: • Said that he is fine with this request. It looks okay. • Agreed there may be issues on sound and light impacts. • Suggested that instead of bringing this request back to the Planning Commission that the Commission give guidance to staff to ensure that light and sounds meet acceptable levels. Chair Rivlin suggested provision of a mock-up that demonstrates no light escapes and assurances that sound emanating from this new building not exceed 70 decibels from off - site. Director Paul Kermoyan: • Said the Commission would draft such a condition. Perhaps adding that the maximum decibel is less/reduced at night. • Admitted that staff has been concentrating on the architectural of this proposal. Commissioner Buchbinder said he is not concerned about sound. This use will be quieter than a road. Chair Rivlin pointed out that there are no cars on the road at night. Director Paul Kermoyan said the Commission can condition post construction studies of light and noise. If the required/conditioned standards are not met, this could be brought back to the Planning Commission for modifications. Chair Rivlin: • Admitted he is concerned that future added tech within the building may increase the noise beyond 70 decibels. • Stated the importance that the Commission protect residents and other lighter industrial uses within proximity. Commissioner Ching: • Agreed with Director Kermoyan's suggestion for noise and light studies after completion of the louvered building. • Added that he doesn't want to over complicate this. Chair Rivlin: • Said he has lots of questions with light and sound. • Added that he has no problem with the proposed architecture. • Restated that there should be no nighttime light from the interior of this building being visible from its exterior. • Supported extra conditions. • Asked staff if a sound study could be conditioned. Campbell Planning Commission Minutes for August 27, 2019 Page 7 Director Paul Kermoyan: • Replied yes. • Said we want to be able to make certain that sound levels don't exceed 70 decibels day and less than at night. • Stated that design changes could be required prior to construction if the noise study determines more sound than projected. • Said that alternately, the Commission can approve now with established/conditioned limits that must be met. Chair Rivlin said he needs more information about evening noise levels. Commissioner Buchbinder: • Said that 60 decibels reflect a conversation. • Added that 100 decibels equate to heavy construction equipment. • Stated that 100 decibels indoors being attenuated to 70 decibels just outside the building meant that the vast majority of the noise was being contained. Commissioner Ching said he was not really concerned about the projected noise. Director Paul Kermoyan: • Stated that staff would bring this back to the Commission if not able to meet standards. It would come back with design changes. • Suggested establishing a maximum acceptable noise level standard that the applicant must meet and not exceed. • Added that noise at a 70-decibel level is only applicable when considering proximity to a residential development. Commissioner Krey said that noise probably won't be a problem. We don't have experience in measuring noise standards with a use. Chair Rivlin said that staff should re -vet this project from both a noise and light impact. There should be no noise/light pollution emissions. He supported noise ranges for day and night operations. Commissioner Hines supported. conditioning light (no emissions) and noise (establishing a maximum decibel level). Commissioner Krey agreed but said we should be careful about light. He said he was not sure light was an issue. Chair Rivlin: • Said that an acceptable light emission range should be established. • Stated there are still too many unknowns. • Admitted that he cannot support this right now without further date to review. Commissioner Buchbinder: 0 Pointed out that there is a reason for zoning industrial away from residential use. Campbell Planning Commission Minutes for August 27, 2019 Page 8 • Supported making studies a part of this use permit. Chair Rivlin suggested continuing this .item for one month .to come back after appropriate review rather than just to "wing" it. Director Paul Kermoyan: • Said that the standards are consistent with the General Plan. • Added that there are strategies for noise in the General Plan, but they concentrate solely on new residential development. • Stated there would be minimal noise exposure from this use. • Suggested structuring a condition that this use would use materials to reduce emitting light from the building as much as possible. Chair Rivlin asked about a Nuisance Ordinance. Director Paul Kermoyan said that is a catch-all ordinance. He added that there is enough here to construct a condition to guide this development. Commissioner Hines asked what noise levels are for residential. Planner Cindy McCormick replied 65 decibels from the exterior and 45 decibels from the interior. Commissioner Hines suggested the condition read not to exceed 65 decibels from the edge of the property. Director Kermoyan said that was possible and suggested requiring the applicant to submit a Noise Study to confirm compliance. Chair Rivlin re -opened the Public Hearing for Agenda Item No. 1 Wayne Johnson: • Said that they could conform to a maximum 65 decibel level on their site as measured from the edge of their property. However, it is not possible given the noise from the busy street behind them (Winchester Boulevard). • Pointed out that a delivery truck is 80 decibels. Director Paul Kermoyan advised that sound is measured over a period of time. Commissioner Hines clarified his recommendation as, "65 decibels at the edge of the subject property measured over time. Wayne Johnson said there are existing users on this facility as well. He doesn't know the cumulative noise measurement effect of the existing with the proposed site uses. Director Paul Kermoyan said we can establish a baseline of what it is now. Chair Rivlin re -closed the Public Hearing for Agenda Item No. 1 Campbell Planning Commission Minutes for August 27, 2019 Page 9 Commissioner Hines: • Suggested a motion be made. • Establishing a 65-decibel noise limit as measured at the edge of the property. • Added if that cannot be met, this item should come back to the Planning Commission. • Stated that light emissions should "not" be coming through the louvers. • Said that this use shall not create a sound impact greater than 65 decibels at the edge of the property or increase noise levels that already exist. Planner Cindy McCormick suggested an added condition of approval requiring a Noise Study and a Light Study. Director Paul Kermoyan fine tuned the stated condition that the "use shall not exceed 65 decibels or the established existing baseline noise level, whichever is greater." Chair Rivlin asked about light impacts. Director Paul Kermoyan: • Stated that light -should be directed down and not across the property lines. If that is not achieved, this would need to be brought back to the Planning Commission. Chair Rivlin re -opened the Public Hearing for Agenda Item No. 1. Wayne Johnson, Project Representative: • Suggested use of photo cells, that would turn lights off if no one is in a section of the building. • Pointed out that the employees in this building will be located with a control room that is located on the second floor. Chair Rivlin re -closed the Public Hearing for Agenda Item No. 1. Chair Rivlin restated his request for the provision of the louvers mock up that demonstrates no visible light will escape them. Motion: Upon motion of Commissioner Hines, seconded by Commissioner Ching, the Planning Commission adopted Resolution No. 4524 approving a Site and Architectural Review Permit (PLN2019-51) to allow the construction of a new utility building to replace an existing larger utility building on property located at 501 Vandell Way, with the following added conditions: • Light Emissions: light emission will not come horizontally out from the building or vertically beyond the property line and not exceed existing lumens on site and photo sensitive motion sensors shall be installed; • Sound Emissions: Sound emissions shall be no greater than the current baseline or 65 decibels, whichever is greater; by the following roll call vote: Campbell Planning Commission Minutes for August 27, 2019 Page 10 AYES: Buchbinder, Ching, Hines, Krey, and Rivlin-. NOES: None ABSENT: Ostrowski ABSTAIN: None Chair Rivlin advised that this action is final unless appealed in writing to the City Clerk within10 calendar days. Chair Rivlin read Agenda Item No. 2 into the record as follows: 2. PLN2019-121 Public Hearing to consider the application of In-N-Out Burger for a PLN2019-122 Conditional Use Permit with Site and Architectural Review (PLN2017-117) to allow construction of a 3,812 square -foot 97-seat fast-food restaurant with a 28-vehicle double drive -through lane with outdoor activities (drive -up window), a 48-seat outdoor dining area, late -night hours, and associated site, lighting, parking, refuse collection, and landscaping improvements, including a Minor Alteration to the Hamilton Avenue Streetscape Standards and an adjustment to the landscape requirements, and an increase to the allowable fence height; a Tree Removal Permit (PLN2017-118) to allow removal of protected on -site trees; a Sign Permit (PLN2017- 119) to allow a greater number of signs and an increased sign area to permit installation of new directional, informational/menu, "running neon," and building wall signs; and certification of a Final Environmental Impact Report (FEIR) (PLN2017-120), for property located at 499 Ea Hamilton Avenue in the C-2 (General Commercial) Zoning District. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner.' Daniel Fama, Senior Planner Director Paul Kermoyan advised that with the absence of one Commissioner and two others that must recuse from participation on this item, the In-N-Out Burger application would have to be continued to a date certain of September 10, 2019. Chair Rivlin opened the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Hines, seconded by Commissioner Krey, the Planning Commission CONTINUED CONSIDERATION TO A DATE CERTAIN OF SEPTEMBER 10, 2019, of a Conditional Use Permit with .Site and Architectural Review (PLN2017-117) to allow construction of a 3,812 square -foot 97-seat fast-food restaurant with a 28-vehicle double drive -through lane with outdoor activities (drive - up window), a 48-seat outdoor dining area, late -night hours, and associated site, lighting, parking, refuse collection, and landscaping improvements, including a Minor Alteration to the Hamilton Avenue Streetscape Standards and an adjustment to the landscape Campbell Planning Commission Minutes for August 27, 2019 Page 11 requirements, and an increase to the allowable fence height; a Tree Removal Permit (PLN2017-118) to allow removal of protected on -site J trees; a Sign Permit (PLN2017-119) to allow a greater number of signs and an increased sign area to permit installation of new directional, informational/menu, "running neon," and building wall signs; and certification of a Final Environmental Impact Report (FEIR) (PLN2017-120), for property located at 499 E. Hamilton Avenue, by the following roll call vote: AYES: , Hines, Krey and Rivlin NOES: None ABSENT: Ostrowski ABSTAIN: Buchbinder and Ching REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 9:50 p.m. to the next Regular Planning Commission Meeting of Seer)10, 2019. SUBMITTED BY: APPROVED BY: ATTEST: n, Recording /W Paul KerNoyar ,,Secretary