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PC Min - 10/22/20197:30 P.M. CITY OF CAMPBELL PLANNING COMMISSION MINUTES OCTOBER 22, 2019 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of October 22, 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 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: Senior Planner: Associate Planner: Assistant Planner: City Attorney: Recording Secretary: APPROVAL OF MINUTES Andrew Rivlin Mike Krey Adam Buchbinder Stuart Ching Terry Hines Maggie Ostrowski Paul Kermoyan Daniel Fama Cindy McCormick Stephen Rose Naz Pouya Healy William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Krey, seconded by Commissioner Hines, the Planning Commission minutes of the meeting of October 8, 2019, were approved as submitted. (6-0; with Commissioners Ostrowski and Hines abstaining from the vote for the portion of the minutes where with the Campbell Village Neighborhood Plan was attached by referenced to the new draft ADU Ordinance going forward to Council). Campbell Planning Commission Minutes for October 22, 2019 Page 2 COMMUNICATIONS Director Paul Kermoyan listed the following item(s): Desk Item for Agenda Item 4. AGENDA MODIFICATIONS OR POSTPONEMENTS ►C•Tir ORAL REQUESTS None PUBLIC HEARINGS Chair Rivlin asked if there were any disclosures for tonight's hearing items. Chair Rivlin read Agenda Item No. 1 into the record as follows: 1. PLN2019-153 Public Hearing to consider the application of John and Diane (S&A) Bandov for a Site and Architectural Review Permit (PLN2019-153) to allow for the construction of an approximately 3,318 sq. ft. one- story single-family residence on property located at 1110 Wekiva Avenue. 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: Naz Pouya Healy, Assistant Planner Ms. Naz Pouya Healy, Assistant Planner, provided the staff report. Chair Rivlin asked for the Site and Architectural Review Committee update. Commissioner Ostrowski, provided the Site and Architectural Review Committee report as follows: • Reported that SARC was supportive of this proposed one-story home that met all the STANP criteria. Chair Rivlin asked if there were questions for staff. There were none. Chair Rivlin opened the Public Hearing for Agenda Item No. 1. Diane Bandov, Applicant and Property Owner, advised that she was available to answer any questions on their request. Campbell Planning Commission Minutes for October 22, 2019 Page ,3 There were no questions for Ms. Diane Bandov. Chair Rivlin closed the Public Hearing for Agenda Item No. 1. Commissioner Buchbinder clarified with staff that this item is coming before the Planning Commission for review and design approval because it is located with the San Tomas Area Neighborhood Plan jurisdiction. Director Paul Kermoyan replied yes. Motion: Upon motion of Commissioner Ching, seconded by Commissioner Krey, the Planning Commission adopted Resolution No. 4534 approving a Site and Architectural Review Permit (PLN2019-153) to allow for the construction of an approximately 3,318 sq. ft. one-story single-family residence on property located at 1110 Wekiva Avenue, by the following roll call vote: AYES: Buchbinder, Ching, Hines, Krey, Ostrowski and Riviin NOES: None ABSENT: None ABSTAIN: None Chair Rivlin advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Chair Rivlin asked if there are any.disclosures from the Commission about Item No. 2. Commissioner Buchbinder disclosed that he had met with the developer the day before tonight's meeting. Commissioner Ching advised that he made public comment on the original 2016 plans and per his discussion with the City Attorney may have to recuse. City Attorney William Seligmann said that he gave his,opinion on that issue and it hasn't changed. Commissioner Ching said he would heed the City Attorney's advise and recuse. He left the dais and chambers for the balance of Item 2. Commissioner Hines reported that he had been informed that he is a neighbor to the owners of the trust for the project site. However, they are no longer the property owners so he has no need to recuse himself and could participate in Item 2. Chair Rivlin reported that he met with the applicant and discussed the project. He resides outside of noticing distance at 700 feet where 500 is the cutoff. Campbell Planning Commission Minutes for October 22, 2019 Page 4 City Attorney William Seligmann added that to have a conflict in his case, Chair Rivlin would have to encounter a specific effect on his property in order to have to recuse. Chair Rivlin read Agenda Item No. 2 into the record as follows: 2. PLN2018-378 (PD) Public Hearing to consider the application of Cresleigh PLN2018-380 (TSM) , Homes Corporation, for a Zoning Map Amendment (from P- PLN2018-381 (CEQA) D to C-PD), Planned -Development Permit with a density PLN2018-382 (TRP) ' bonus, Vesting Tentative Subdivision Map, and Tree PLN2018-383 (ZMA) Removal Permit (PLN2016-378/380/381/382/383) to allow construction of a mixed -use building with 6,512 square feet of ground level commercial space and 59 for -sale residential condominium units on properties located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue. J A Mitigated Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: December 3, 2019. Project Planner: Cindy McCormick, Senior Planner Ms. Cindy McCormick, Senior Planner, provided the staff report. Chair Rivlin asked for the SARC report. Commissioner Krey provided the Site and Architectural Review Committee report as follows: • Advised that SARC last reviewed this project at its meeting on August 13, 2019. • Pointed out that the "heavy lifting" had already been done with this project by that point. • Stated that SARC found the design to include nice articulation and includes more parking than is required. They appreciated the inclusion of sidewalk seating. Commissioner Hines: Admitted that he is concerned about the proximity of the utility enclosure to the park. Added that the environmental issues remain a concern for him and wonders if the deep soil gasses on the adjacent site could be removed and/or capped. Expressed concern it could be a fire hazard during construction. Planner Cindy McCormick: • Explained that the Mitigated Negative Declaration under consideration this evening by the Planning Commission establishes mitigation measure standards. • Added that some -mitigations are more specific to this project. • Reported that there are two types of soil contamination. • Advised that the developers initially wanted to bury the contaminated soil under the clean soil and the building foundation burying the contaminated soil. • Stated that staff did not support that proposal and the developers agreed to remove the contaminated soil and properly dispose of it. • Informed that burying the contaminated soil would require a Deed Restriction to be recorded disclosing the gas issue occurring on the adjacent property. As a result, the Campbell Planning Commission Minutes for October 22, 2019 Page 5 project eliminated the underground parking area that had been proposed in the pre - application and make the parking above ground instead to avoid the need for that Deed Restriction. Director Kermoyan: • Reiterated that the project would include the removal of the contaminated soil on site I and building the garage above ground rather than below ground. • Cautioned that staff has warned the applicants of the need for enough parking to allow for a variety of commercial land uses. Ample parking is required. • Added that without enough parking, ,the applicant could very likely come back to the Commission to ask for a Parking Modification Plan in the future in order to secure desired retail tenants. • Advised that the minimum allowed retail parking is what is being .provided with this project. Chair Rivlin asked staff what the parking ratio might be if all this development's commercial/retail space were to be occupied by restaurants. Planner Cindy McCormick: • Replied that restaurant uses need one parking space per three seats as well as one parking space for every 200 square feet of non -dining area. The ratio for retail is one space per every 200 square feet. Director Paul Kermoyan added that on paper this proposal meets the parking standards be he expects they may come back later asking for a Parking Modification Permit. Planner Cindy McCormick added that there would be limited restaurant space based on the available parking to serve the development. If the commercial uses are all retail the parking will be fine. Commissioner Buchbinder said that it appears the commercial parking standard is the same whether the sites that are right next to a Light Rail station. Planner Cindy. McCormick said that is correct that there are no reduced parking standards for commercial use being near Light Rail. Chair Rivlin opened the Public Hearing for Agenda Item No. 2. Deana Ellis, Applicant, Cresleigh Homes: • Reported that they have been the owners of the property for two years and have been working with the City for about three years. • Admitted that "we got it wrong in the beginning, but staff helped us to get it right." • Pointed out that the East Campbell Avenue Master Plan (ECAMP) was their guideline in their development of their proposal. • Advised that they have been very deliberate in their discussions of retail uses. We know what we are getting in terms of parking availability. We will be able to accommodate soft retail uses. Campbell Planning Commission Minutes for October 22, 2019 Page 6 • Added that there will be a sit-down cafe at the corner of Gilman & Campbell Avenue. They understand that restaurants will be prohibited from occupying the remaining 4,500 square feet of retail space. • Stated that with the participation and input from the public, as well as the City Council and Planning Commission, we think we have it right. • Said that she is here this evening with several project professionals including architectural, landscape and environmental. Commissioner Krey asked Ms. Deana Ellis what type of retail they anticipate securing. Deana Ellis replied on top of bakery/cafe proposed, they anticipate the other 4,500 square feet of tenant space to house soft -good retail uses. Those could include a bank, clothing or furniture store but not another restaurant. , Commissioner Krey asked why they can't have underground parking. Deana Ellis replied that it is due to the existing soil gas vapors on the adjacent properties, which will have to be removed and the whole area cleaned. On-si9te monitoring would be required if the parking is located underground. Commissioner Ostrowski asked if that that soil gas is naturally occurring. Deana Ellis replied no. Commissioner Ostrowski asked what the setback is between the project site and the adjacent site with the existing soil gas vapors. Deana Ellis said that a storm water quality planter is located in the 10-foot rear setback area. Commissioner Ostrowski asked if that is in the same area as the deep soil issue. Deana Ellis replied no, it is not. Commissioner Hines: • Said that he remains concerned about the environmental issue associated with the project. • Stated that offering no parking undergrounding is offered as a means of addressing the issue. • Reminded that the soil gas is coming from a different adjacent property onto this property. Director Paul Kermoyan reiterated that the soil remediation that will be performed is in conjunction with the requirements of the County Health Department. Commissioner Hines asked why the soil gas is still being discussed. Director Paul Kermoyan: Campbell Planning Commission Minutes for October 22, 2019 Page 7 • Said that there are different ways to mitigate it. You can do it if you so choose. It would involve removing soil that is contaminated, bringing new soil to replace it and then construct. • Assured that all environmental issues will be mitigated. Commissioner Hines: • Thanked Deana Ellis for coming to Campbell. • Asked why she didn't elect to build the additional below -ground- parking. Deana Ellis: • Said that there are many reasons not to do so. • Added that she would defer to her experts with her this evening. • Stated that there is a deed restriction issue if the underground parking were to be built that would have financial implications on buyers' ability to secure a mortgage for the purchase of the residential units. Ron Metzger, Project Architect, LPS Architects: • Advised that he has been associated with this project for several years now. • Explained that the buildings step up from Gilman and the architecture fits with the character of the City. • Pointed out that the project will include nine (9) affordable for -sale units. • Stated that the City's Architectural Advisor provided some good suggestions and they will work with staff to implement some of them. • Concluded that he was available for questions. Chair Rivlin asked where the residential parking access was located. Is it on the park side? Ron Metzger replied yes. The access is off Gilman. Commissioner Hines asked about the utility closet situated near the entrance on the Gilman side of the development. Ron Metzger said that the driveway leads up to the parking garage. There is an area for the commercial trash from the retail uses. There is also a fire control room and a stair exit from the roof deck. Commissioner Hines asked Ron Metzger if they have constructed similar projects to this one. Ron Metzger said they just completed one in Sacramento (Alhambra and S Street). There is a St. Anton's project in Sunnyvale that is similar. Commissioner Ostrowski asked how the commercial trash area would be viewed from the park. Campbell Planning Commission Minutes for October 22, 2019 Page 8 Ron Metzger said that there are doors that look like building doors. There is a recessed area and inside there are the doors. Commissioner Ostrowski asked how garbage would be managed on this site. Ron Metzger said they don't know yet if there will be use of toter or dumper containers on the park side. Deana Ellis said that there will be a dumpster on the Dillon side serving the residential uses. Chair Rivlin asked if the type of containers is decided by the garbage servicer. He asked who would be responsible for managing pick up dates, return of containers to their enclosures and for the cleanup and removal of any ugly trash stains from the public sidewalk. Deana Ellis said that maintenance would occur via the use of a service area leading into the garage that will serve as a service corridor for trash management. Planner Cindy McCormick said that there are two trash areas. The residential trash area is picked up on the Dillon side. The commercial trash is collected from the Gilman side. Ron Metzger said that there will be a staging area on site for trash containers waiting for pickup. I Commissioner Krey asked if the 16-foot public sidewalk is a City requirement. Deana Ellis replied yes. Planner Cindy McCormick added that the East Campbell Master Plan standards call for wider sidewalks. Commissioner Krey suggested that the developer could remove one residential unit and put some additional parking spaces there instead. Ron Metzger replied no. Even if that was considered it would be difficult to access these three (3) more parking spaces. Commissioner' Krey asked whether including some underground parking would completely change the project design. Ron Metzger said that doing so would require a ramp leading to the lower level and he is not sure how that can be made to fit. - Commissioner Krey asked if there is an economic impact to this project if underground parking were to be added to the current plan. Deana Ellis: Campbell Planning Commission Minutes for October 22, 2019 Page 9 • Said that it would be tremendously bad for the project. Pointed out that their proposed $1 million per unit sales price is much lower that the average sale prices occurring in Campbell residential real estate sales at the present time. • Reminded that they have adhered to the rules and standards the City has established for parking projects being constructed within the ECAMP area. • Concluded that they could consider assigning three additional commercial spaces on the ground floor in place of residential spaces. Planner Cindy McCormick: • Pointed out that there are 59 residential parking stalls to serve the proposed 59 units. • Added that the three parking spaces at the ground level are intended for three residential units not retail use. Chair Rivlin said that there is just one elevator to serve this --building. There should be two oversized elevators for uses including times when a resident is moving furniture. in or out of the building. Andy Loho, Project Environmental Engineer: • Clarified two differing environmental issues. One is shallow soil. The other is deeper soil gas emanating from the neighboring property. • Stated that capping 'in place leaves them with a requirement for a deed restriction. Monitoring must occur to make sure no one digs into the affected area into the future. This involves lots of maintenance requirements and monitoring. • Added it would also create a certain level of burden on the City,as well. • Advised that removing ther soil was the solution decided upon thereby there is no deed restriction required. • Reiterated that vapor mitigation systems equate to a deed restriction. There would be vapor intrusion concerns for the life of the project. • Concluded that a "safe" project doesn't require a deed restriction. Commissioner Ostrowski asked Mr. Loho what the magnitude of the soil gas problem is. Andy Loho said they are the result of solvent uses. Planner Cindy McCormick clarified that staff did not base the recommendation to remove the contaminated soil due to the need for a deed restriction. Staff's concern is the removal of contamination from the site. Deana Ellis reiterated that they have been engaged in the process for over four years using the City's standards. They are open to discussion on the suggested reduction of the total retail square footage being taken down from 6,500 to 5,900 square feet. Commissioner Ostrowski asked Deana Ellis if she is comfortable with retail and no restaurant use. Deana Ellis said that.she is emphatically clear. Campbell Planning Commission Minutes for October 22, 2019 Page 10 Commissioner Ostrowski said she understands that the residential units will be sold. What about the retail spaces? Deana Ellis said that they would keep ownership of the retail. Michelle Ralls, Resident on Ridgeley and Business Owner on Railway: • Stated that she is here tonight speaking for herself as a resident and business owner in Campbell. She is also speaking on behalf of Dr. Mary Kilkinny and Dr. Jennifer Young, each respectively the owner of a medical building along Campbell Avenue at Dillon. • Added that she also speaks for Mr. Henry Mercado, owner of Jalisco's Restaurant located across the street from the project site, and a resident on Page Street who strongly support this project. • Said that she is a business owner for 15 years selling cars from three properties on Railway. • Stated that she has seen lots of changes in Campbell and is fully in favor of the redevelopment of this property. She is in favor of something that is new and vibrant. • Said that Campbell is an urban village now. It is important to have walkability and easy accessibility. • Pointed out that the young today tend to use public transport such as Uber or Light Rail rather than getting a driver's license. Joked that she was personally at the DMV on her 16th birthday to eagerly get her license to drive. • Opined. that this project will represent a huge improvement to this area. The project's architecture speaks well to the spirit of Campbell. Deana Ellis: • Said that she appreciates the dialog with the City. It has helped to build a better project. • Advised that they understand that this will be "Gateway" project for the City. • Reported that she has spent a lot of time walking along East Campbell Avenue. • Pointed out that people are thirsting for a project like this one on that part of East Campbell Avenue. • Asked the Planning Commission for their robust support. Planner Cindy McCormick advised that the traffic consultant is available if there are any traffic questions. Chair Rivlin asked whether the proposed placement of the driveway/parking entry point along Gilman fits requirements and expectations of traffic standards. Chris Kinzel, City's Traffic Consultant: • Replied yes. • Said that they reviewed the proposed location of the entrance to the garage and are fine with its location and functionality. Commissioner Hines asked with the proximity to the park across the street, whether traffic would not be hampered by the placement of the garage entrance where it is proposed. Campbell Planning Commission Minutes for October 22, 2019 Page 11 Chris Kinzel replied that people will have to be careful when it comes to issues of clearance and queuing. Commissioner Buchbinder asked if there are any standards for the provision of commercial parking for commercial uses located around/near a Light Rail station. Chris Kinzel replied that while there is no parking being required near Light Rail in some cities, Campbell's standard requirement is a cautious one. Commissioner Krey sought clarification from the traffic engineer as to whether the,signal at Page & Campbell is planned for regardless of this project. Chris Kinzel replied yes. Commissioner Krey asked about the signal that allows a left turn onto E. Campbell Avenue from Dillon (Gilman?). Chris Kinzel replied yes. Commissioner Krey asked for verification that there are no new proposed pedestrian crosswalks other than at the new lights. Matthew Jue, Campbell Traffic Engineer, said that provision is within the ECAMP. Chair Rivlin clarified that the crosswalk to Campbell Park would remain. Matthew Jue replied yes. Commissioner Krey asked when the signal would go in. Matthew Jue replied likely after the Cresleigh project is built. Chair Rivlin closed the Public Hearing for Agenda Item No. 2. Commissioner Buchbinder: • Recounted that- he was drawn to apply for the Planning Commission to see projects like this come to Campbell. • Advised that he walks past.the site daily on his way to Light Rail and work. • Said that this proposed project is exactly what we need here especially the 59 residential units, nine of which will be affordable. • Said it seems the main concern continues to be parking. The applicant has provided that parking as required by the ECAMP. There seems to be some tension between the parking and the density of the project. • Stated that there are supposedly enough retail parking spaces per the standard in an urban area. • Declared that this developer has bent over backwards. • Admitted that he would develop this project with less parking himself. Campbell Planning Commission. Minutes for October 22, 2019 Page 12 • Concluded that he is in favor of the project and finds that enough parking has been provided. Chair Rivlin said he agrees with Commissioner Buchbinder's sentiments. Commissioner Ostrowski: • Thanked the applicant for a good proposal. • Added that she appreciates the new details provided today. • Stated that overall this is a fantastic project. The design is well done. • Said that she likes the parking discussion and is left with no concerns about the parking. It will be more than adequate. • Concluded that she looks forward to seeing this project built. Commissioner Krey: • Stated that he likes this project and did from Day 1. • Said that it is an important project for Downtown Campbell. It is located between the Downtown and the Pruneyard. • Stated that the only issue is parking, but the project meets the parking requirements. • Added that the developer will have the burden for finding tenants suitable for their retail spaces. • Pointed out that the design is nice, and he likes the setbacks. • Advised that he agrees with his fellow Commissioners. • Said that he wouldn't move the residential parking to commercial use. • Concluded that he is in favor. This is a good project. A lot of work has been put into it. Commissioner Hines: • Said he agrees with the other comments. This is a great project for Campbell. • Said that he looks forward to seeing this eyesore site being redeveloped. • Admitted that the vapor flow issue is still a concern although it on another property it is adjacent to this one. • Added that it is important not to have the need for mitigation steps to deal with this vapor flow, but he will defer to the State and County environmental requirements. • Stated, that he would personally. be concerned as a buyer of one of these units. Commissioner Ostrowski said that would have to be disclosed. Commissioner Hines reiterated that he would rather have it addressed. Commissioner Ostrowski reminded that the source is next door. The contamination dates back 50 years or more. It is leaching and diffusing to neighboring properties. Even if the soil is removed it would continue to happen. Commissioner Hines replied that mitigation steps are possible if it is addressed from the source. Campbell Planning Commission Minutes for October 22, 2019 Page 13 Commissioner Ostrowski said that mitigation would be required if they dig down for underground parking. In that case, they would need to vent. At the surface the concentration levels didn't require mitigation. Commissioner Buchbinder agreed that mitigation is not necessary if the garage is built at ground level. Commissioner Hines said that he is just expressing his concern. He understands the standards as expressed. Commissioner Ostrowski said that in the past, dumping chemical by-product waste into the soil and water. Both small and large companies did so. The soil must be removed not buried on site. Commissioner Buchbinder said he just purchased his first home and was provided a wide-ranging list of sites with reportable environmental conditions applicable to the required radius for notification. Usually former gas station sites. Chair Rivlin: • Said that this project is an important step for Campbell. It will provide a positive impact on Dillon and Gilman, as well as East Campbell Avenue. • Extended kudos to the applicants for their work with the City and its staff. • Stated that the architectural articulation is there. The style can be referred to as "Campbell Eclectic". • Said he looks forward to the opportunity to see this project through as well as the continued expansion story along East Campbell Avenue. • Suggested the inclusion of a condition for the regulation of car, trash and pedestrian uses of the public sidewalk. • Pointed out that the issue of tree removals has not yet been discussed. He said it makes sense to remove them as they will be replaced. • Admitted to being disappointed that the rooftop experience will be for residents only. • Added his regret that this project isn't bigger than it is. • Concluded that the project will be better for the time spent developing it. • Stated he would support the project. Commissioner Buchbinder asked about the proposed condition. Chair Rivlin: • Suggested that it incorporate "back -of -house circulation with trash management." • Added that staff can work with the applicant. • Reminded that the applicant is willing to consider a slight reduction in retail space. • Said that the project architect can consider comments made this evening. Director Paul Kermoyan: 0 Referenced Condition 8 from the Planned Development Permit. Campbell Planning Commission Minutes for October 22, 2019 Page 14 • Suggested something be imbedded in that condition that requires the project to incorporate a pedestrian corridor from the rear area of each commercial tenant space. There will be an expectation of operations. Chair Rivlin asked if the dumpsters would be taken out to the street for emptying. Planner Cindy McCormick deferred to Land Development Engineer Roger Storz. Director Paul Kermoyan asked Engineer Roger Storz if an encroachment permit would be required for routine power washing -of the public sidewalk as well as for moving trash dumpsters into the public right-of-way on collection day. Engineer Roger Storz: • Replied, no. • Cautioned that there would be Storm Water Pollution issues if there is leakage that could end up in the storm drains. • Admitted that this kind of development is new to us. • Added that most such uses have roll out containers rather than dumpsters. • Reported that staff has been working with the Opa/Moe's/Willard Hicks site property owner on property trash management. Sometimes we find that property owners put the onus on their tenants to maintain. Director Paul Kermoyan referenced Condition 40 calling for maintenance and pressure washing of the public right-of-way as necessary. He said the only issue is how business owners will get their containers to the dumpster/collection location. Commissioner Buchbinder: • Stated that while he understands he is new on the Commission, it seems the process has been lengthy for this project. That seems to point to the need for a more predictable process. • Added that he was surprised by the. open space requirements for such an urban project. It seems unreasonable for a four-story urban building and perhaps should be revisited. • Stressed the need to make sure our standards make things possible. Chair Rivlin said Commissioner Buchbinder has made some valid points Planner Cindy McCormick: • Said that the zoning code has findings for reduced open space had the applicant not chosen that as one of their two "concessions" tied to their Density Bonus. Commissioner Hines suggested at this time we are making decisions relative to this project. Campbell Planning Commission Minutes for October 22, 2019 Page 15 Motion: Upon motion of Commissioner Ostrowski, seconded by Commissioner Buchbinder, the Planning Commission took the following actions: • Adopted Resolution No. 4535 recommending that the City Council adopt a Mitigated Negative Declaration (PLN2016-381); Adopted Resolution No. 4536 recommending that the City Council adopt an ordinance approving a Zoning Map Amendment (P-D to C-PD) (PLN2016-383); • Adopted Resolution No. 4537 recommending that the City Council adopt an ordinance approving a Planned Development Permit (PLN2016-378) with a modification to Condition 8 that requires a rear -serving pedestrian corridor be incorporated for the retail businesses to use to take their trash to the dumpster/collection point; • Adopted Resolution No. 4538 recommending that the City Council approve a Tentative Subdivision Map (PLN2016-380); and • Adopted Resolution `No. 4539 recommending that the City Council approve a Tree Removal Permit (PLN2016-382), to allow construction of a mixed -use building with 6,512 square feet of ground level commercial space and 59 for -sale residential condominium units on properties located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue, by the following roll call vote: AYES: Buchbinder, Hines, Krey, Ostrowski and Rivlin NOES: None ABSENT: None ABSTAIN: Ching Chair Rivlin advised that this item would be considered by the City Council for final action tentatively scheduled for December 3, 2019. Chair Rivlin called for a quick break at 10:05 p.m. prior to beginning Agenda Item 3. Commissioner Ching returned to the chambers and dais after completion of Agenda Item No. 2. Chair Rivlin reconvened the meeting at approximately 10:10 p.m. Chair Rivlin asked if there were any disclosures from the Commission about Agenda Item No. 3. There were none. Campbell Planning Commission Minutes for October 22, 2019 Page 16 Chair Rivlin read Agenda Item No. 3 into the record as follows: 3. PLN2019-117 Public Hearing to consider the application of Casey Gomez and (CUP) Jenn Kettles for a term -limited Conditional Use Permit (PLN2019- 117) to allow the establishment of a small health and fitness studio (d.b.a. Rebel Rise Studios) within an existing 3,787 square -foot tenant space located at 186 E. Sunnyoaks Avenue, Suite H. 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: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, provided the staff report Chair Rivlin asked if there were questions for staff. Commissioner Ching sought assurance that there would be no outdoor training occurring at this location. He said he assumes that is the case. Planner Stephen Rose replied that there is a condition -of approval to not allow training to occur outside of the building. Chair Rivlin opened the Public Hearing for Agenda Item No. 3. Bob McIntire, Representative for Property'Owner: • Said that he is available for any questions. There were none Chair Rivlin closed the Public Hearing for Agenda Item No. 3. 11 Commissioner Buchbinder said that this seems to be a reasonable use for this light industrial space. Additionally, with a five-year term limit, if it becomes less desirable in this commercial space, it could expire and not be renewed. Commissioner Krey questioned the green -painted curbs that indicate a limit to 30-minute parking. Planner Stephen Rose said that there is sufficient parking.to serve this use that is not time limited. Commissioner Krey said that this is a fine use for this area and specific tenant space. Commissioner Hines thanked the business owners from bringing their business to Campbell. Motion: Upon motion of Commissioner Ching, seconded by Commissioner Krey, the Planning Commission adopted Resolution No. 4540 Campbell Planning Commission Minutes for October 22, 2019 Page 17 approving a term -limited Conditional Use Permit (PLN2019-117) to allow the establishment of a small health and fitness studio (d.b.a. Rebel Rise Studios) within an existing 3,787 square -foot tenant space located at 186 E. Sunnyoaks Avenue, Suite H, by the following roll call vote: AYES: Buchbinder, Ching, Hines, Krey, Ostrowski and Rivlin NOES: None ABSENT: None ABSTAIN: None Chair Rivlin advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Chair Rivlin asked if there were any disclosures from the Commission about Agenda Item No. 4. There were none. Chair Rivlin read Agenda Item No. 4 into the record as follows: 4. PLN2019-50 Public Hearing to consider the application of Springbridge (Mod to CUP) International School for a Modification of a previously approved Conditional Use Permit (PLN2019-50) to increase the capacity of an approved commercial daycare center from 60 to 100 children on property located at 1625 W. Campbell Avenue. 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: Daniel Fama, Senior Planner Daniel Fama, Senior Planner, provided the staff report. Chair Rivlin asked if there were questions for staff. There were none. Chair Rivlin opened the Public Hearing for Agenda Item No. 4. Robert Regan, Owner, Springbridge International School: • Said that Springbridge is a family -owned and operated school with 200 students and 19 employees. • Advised that it is both a Japanese and Mandarin immersion school. • Assured that he would work with his neighbor, Mr. Ross, on his noise impact concerns. Campbell Planning Commission Minutes for October 22, 2019 Page 18 • Reported .that changes made to date include no chanting being allowed for their annual sports day event where two teams offer chants to support and encourage their respective teammates. That event has been eliminated. • Added that lunch tables that had previously be located next to the shared fence with Mr. Ross have been relocated to the other side of the property. • Stated that the children no longer congregate at Mr. Ross' side of the property. • Added that he will seek to meet with Mr. Ross to ensure that these changes have been successful. • Reminded that there is no increase in capacity in use of the play area. • Cautioned that if they are unable to increase their student count at this location the school may have to close. Both this location and other locations as well. • Advised that he lives within a half -mile of their school at 1625 W. Campbell Avenue and have seen the impacts and problems of homelessness and vagrancy in the area. • Pointed out that Mr. Ross has razor wire on his fence to keep the homeless off his property. Chair Rivlin thanked Mr. Regan for his willingness to work with his neighbor on his noise concerns. Commissioner Hines thanked Mr. Regan for bringing his business to Campbell. Boyan Tamnev, Students' Parent, San Jose Resident: • Said that he has two kids at this school who are now Japanese/English fluent. • Added that they love their school. • Stated that while he used to live close by, he bought a home in San Jose for his family but continues to bring his kids to Springbridge. James Hurley, Students' Parent, County/San Jose Resident: • Said that there is great value in this school, which his twin daughters have attended since pre-school. • Stated that he cannot say enough good about this school and its community. • Advised that his girls are both fluent in Japanese and English. They are also learning Mandarin and Spanish. • Informed that there is a lot of interaction with the other school families that has resulted in a great community. • Pointed that that allowing an increase in students will give more students the opportunity to take advantage of this great educational opportunity. Derek Rupnov, Students' Parent, San Jose Resident: • Said that he has three children, one of which unfortunately is too old to attend this school. His other two children are 11 and 6 years of age and are students at Springbridge, • Stated that this school location is so close to their home on Duvall where they have lived for 13 years. • Advised that the immersion program is of enormous value to his family. • Added that Springbridge's sense of community is a positive experience. Campbell Planning Commission Minutes for October 22, 2019 Page 19 Kerry Chow, Students' Parent, Campbell Resident: • Said he has two children attending school at Springbridge. One is in kindergarten at this location and the other is in third grade at the Hamilton campus. • Stated that her husband is of German background. Mandarin is their chosen language for their children. • Declared that this school has been a God -send for them. Their three -year -old daughter is fluent as is her five-year old. • Pointed out that this building was empty for years and drew lots of homeless to the vacant site. • Stated that it is nice to see the site cleaned up and alive. • Recounted that the moms tend to meet up early to chat across the street at the Starbucks-Kirkwood Plaza prior to picking up of their children at the end of their school day. Chair Rivlin closed the Public Hearing for Agenda Item No. 4. Commissioner Krey: • Stated that he lives in this area and has for the last 30 years. • Informed that he was there today at about 1:30 p.m. He counted approximately 21 two to three-year old children playing in the play area. There was little noise. • Admitted that he had never seen anyone in that adjacent office building concerned about noise from the school. • Added that he cannot imagine that the noise is too much to impact neighbors. • Asked the school to work with Mr. Ross as possible. Planner Daniel Fama advised that there is standard revocation language in the conditions so this use could be brought back to the Commission for modification and/or revocation if verified complaints are received within a time span. Commissioner Hines suggested perhaps a wall be constructed to separate the school from the offices. Commissioner Ching said that could be quite a costly expense for the school. Commissioner Krey agreed that imposing the addition of a wall would be a major expense. Commissioner Ching agreed that the revocation process is always an option if necessary. Chair Rivlin said the applicant will work with the neighbor. He reminded that staff has advised there have been no complaints about noise from this school prior to Mr. Ross' letter regarding this hearing. Commissioner Ostrowski said it is a two-way street. There are two business owners to consider and two businesses as well. She questioned how this can be evaluated. Planner Daniel Fama: Campbell Planning Commission Minutes for October 22, 2019 Page 20 • Reported that a business going in is responsible to _minimize their impacts onexisting uses. • Added that typically reported noise impacts are between businesses and their adjacent residents rather between business and business. • Cautioned that Mr. Ross could make -things difficult for this use if he reports noise complaints. • Admitted that there is no solution that is not overly expensive. Commissioner Hines said the existing good -neighbor fence is rather run down. He suggested the two properties work together on updating it. Perhaps added vegetation along the fence could also help. Planner Daniel Fama said that staff could work with both parties. Commissioner Buchbinder: • Said that there is a process in place to deal with any noise complaints, so nothing needs to be added to the conditions in advance to there being complaints. • Pointed out that this applicant has taken steps to mitigate noise problems. • Concluded that there is no reason to oppose this applicant's request. Commissioner Ching said he agreed with Commissioner Buchbinder that there are existing means of addressing impact issues if they come up. Commissioner Krey said he could go along with the others. Motion: Upon motion of Commissioner Krey, seconded by Commissioner Ostrowski, the Planning Commission adopted Resolution No. 4541 approving a Modification of a previously approved Conditional Use Permit (PLN2019-50) to increase the capacity of an approved commercial daycare center from 60 to 100 children on property located at 1625 W. Campbell Avenue. venue, Suite H, by . the following roll call vote: AYES: Buchbinder, Ching, Krey, Ostrowski and Rivlin NOES: Hines ABSENT: None ABSTAIN: None Chair Rivlin advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had nothing new to add to his written report: Campbell Planning Commission Minutes foraOctober 22,'2019 Page 21 ADJOURNMENT The Planning Commission meeting adjourned at 10:45 p.m. to the next Regular Planning Commission Meeting of November 019. SUBMITTED BY: Corinne Shinn, Recording Secretary APPROVED BY: ATTEST: