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PC Min - 11/12/20197:30 P.M. CITY OF CAMPBELL PLANNING COMMISSION MINUTES NOVEMBER 12, 2019 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of November 12, 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: 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 William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Buchbinder, seconded by Commissioner Ching, the Planning Commission minutes of the meeting of October 22, 2019, were approved as submitted. (5-0-0-1; Commissioner Ching abstained from the vote on the portion of minutes reflecting the Public Hearing for Item 2, from which he had recused from participation.) Campbell Planning Commission Minutes for November 12, 2019 Page 2 COMMUNICATIONS Director Paul Kermoyan listed the following item(s): Faxes and emails of both support and opposition to Agenda Item No. 3. AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None PUBLIC HEARINGS Chair Rivlin read Agenda Item No. 1 into the record as follows: 1. PLN2018-336 (ZMA) Public Hearing to consider the application of Kelly Snider PLN2018-337(CUP/S&A) on behalf of Trojan Storage of Campbell, LLC for a Zoning PLN2018-338 (TM) Map Amendment (PLN2018-336) to rezone the project site PLN2019-114 (PD Mod) from C-PD (Condominium Planned Development) to M-1 (Light Industrial); a Conditional Use Permit with Site and Architectural Review (PLN2018-337) to allow construction of an approximately 156,500 square -foot 3-story self - storage facility with a . basement level and caretaker/employee housing unit, including associated site, lighting, parking, and landscaping improvements, an increased floor area ratio (FAR) of 1.26, an increase to the allowable fence height, and an adjustment to the landscape requirements; a Vesting Tentative Parcel Map (PLN2018-338) to merge existing parcels, abandon existing public and private easements, and to establish a new parcel with associated public and private easements, on property located at 680 and 700 E McGlincy Avenue and a Major Modification (PLN2019-114) to a previously approved Planned Development Permit (PLN2005- 126/PLN2009-159) to eliminate Phase 2 of the McGlincy Business Center Project affecting property located at 680, 700, 710, and 750 E McGlincy Avenue. A Mitigated Negative Declaration (PLN2018-339) has been prepared for this project. Tentative City Council Meeting Date: December 3, 2019. Project Planner: Daniel Fama, Senior Planner Mr. Daniel Fama, Senior Planner, provided the staff report. Campbell Planning Commission Minutes for November 12, 2019 Page 3 Chair Rivlin asked if there were questions for staff. Commissioner Krey: • Stated that Planner Daniel Fama provided a good report. • Said that there are a lot of good ,reasons for and against this project that is three times bigger. • Added that there are no big traffic issues with a storage facility. • Asked the reason for the staff objection to the FAR requested by the applicant. Is it due to anticipated impacts on other projects anticipated in the area? Planner Daniel Fama explained that there are eight self -storage facilities City-wide, which is the maximum allowed until the City's population reaches 45,000. The Code allows one such facility for every 5,000 in population. Director Paul Kermoyan: • Explained that staff looks at FAR conservatively. FAR is an issue that he sees as described in an unclear manner in the Code, adopted in 2004. • Added that he wasn't yet here at that time. • Said that the Code wasn't written simply and requires interpretation of that Code as subtle increases. • Concluded that it is up to the Planning Commission to forward its recommendation on to Council. Commissioner Buchbinder asked what a "demising wall" is. Planner Daniel Fama explained_ that they are walls that divide larger space into smaller spaces. Commissioner Buchbinder asked why staff's recommendation is for a one-story building with a maximum height of 45 feet. Planner Daniel Fama replied that without the top two stories this project reaches .40 FAR. That is the most straightforward way to modify the project. Commissioner Buchbinder asked if it is staffs intent to control the parking and usage. Planner Daniel Fama replied yes. Commissioner Ching asked if the McGlincy Office Building is two-story Planner Daniel Fama replied it is a one-story but a tall one-story. Commissioner Ching added that the office building has more articulation in design than the one for storage. Planner Daniel Fama replied yes and added that the Business Park was compliant. Campbell Planning Commission Minutes for November 12; 2019 , Page 4 Commissioner Hines asked for some additional input from staff on the difference between using the Zoning Code versus FAR and for the P-D (Planned Development) versus M-1 (Light Industrial) Zoning allowances. Planner Daniel Fama: • Explained that the Business Center is commercial condo. There is a condition required for such developments that they be zoned C-PD (Condominium -Planned Development). • Added that at the time of approval, the entire site was so zoned (C-PD) as the plan was for the use of the entire site in phases. • Said that the plan at this time is to revert the zoning . for the project site to M-1 or alternatively to P-D that would allow for a different use. The applicant chose to go with the more traditional zoning for the site. Commissioner Hines asked if the FAR is the same between the two zoning districts (P-D and M-1). Planner Daniel Fama replied no, as there is no established FAR in a P-D zoning. Commissioner Buchbinder asked how tall the stacks of shipping containers are that are currently stored on this project site. 'Planner Daniel Fama replied that they are stacked three high, but he was not sure of the total height of three. Chair Rivlih opened the Public Hearing for Agenda Item No. 1. Kelly Snider, Project Representative: • Advised that she is here this evening with Brett Henry, owner of Trojan Storage and the project architect, Bruce Jordan. Both have some comments and will be available for questions. • Encouraged the Commission to engage in conversation with them and the public this evening. • Stated their objection to the staff recommendation to take two stories off their proposed building. • Pointed out all the customers their facility would serve. It is a safe facility for all, including women, and a benefit to the City and this neighborhood. • Reminded that there are 26 owners of the commercial condos while this self -storage facility will be sole ownership of Brett Henry. • Stated that the allowed height in M-1 zoning is 45 feet while adjacent residential properties have a maximum height of 35 feet. • Added that their proposed building is lower than the maximum allowed height. • Said that they are just asking for parity. The staff -proposed .40 FAR is both arbitrary and unusual. Bruce Jordon, Project Architect: • Reported that he often assists cities in processing self -storage facilities. Campbell Planning Commission Minutes for November 12, 2019 Page 5 • Said that if another building were, to be built on this site, it could be situated five -feet from the rear property line. • Reminded that they have been working on this project for two years now. They have listened to staff, the Planning Commission and to the neighbors in numerous meetings. They have responded to comments. • Pointed out that as a result of all feedback they pulled their building back 65-feet from the back -property line when again it could be just five -feet. • Advised that self -storage facilities are .less impactful than any warehouse with heavy equipment used. • Said that they are at the mid -point in terms of size range from among the existing storage facilities in Campbell. Theirs is not the highest. • Reiterated that an industrial building with a .40 FAR would result in more traffic than their proposed 1.26 FAR self -storage facility. This business owner would be respectful of their neighbors and are an appropriate use for this neighborhood. Brett Henry, Owner/Operator of Trojan Storage: • Said that they worked hard to get out of the pre-existing CC&R arrangement for this property currently connected to the commercial condos in order to eliminate easements that would have prevented them from putting up gates to secure their entire site. • Added that their gate would have code access and they would incorporate 45 high - definition cameras and an on -site manager for complete site security. • Stated that he was happy to work with his neighbors and the City but the staff - proposed .40 FAR is not workable for them. • Reminded that other types of M-1 uses would be much noisier than their self -storage use. Noise will not be heard from their site once construction is complete. • .Concluded that he was available for any question. Commissioner Ching said that the height concerns would be alleviated with trees being planted at the boundary. He asked what types and size of trees are proposed. Brett Henry replied that mature trees were promised at the neighborhood meeting. Bruce Jordon; Project Architect, said that there will be two rows of trees at the back of property. Kelly Snider: • Reported the tree species currently proposed for the rear are Coast Redwood and Ironwood as well as bushes and other landscaping materials. • Said that she is advised that Redwoods are fast-growing trees (by three feet in height each year) until full grown. • Added that they removed all parking from the rear of site adjacent to the residential properties. Commissioner Hines asked staff to respond to concerns about its FAR recommendation. Campbell Planning Commission Minutes for November 12, 2019 Page 6 Planner Daniel Fama clarified that the other .locations referenced by the applicant are in other jurisdictions than Campbell. He agreed that there are some existing self -storage facilities in Campbell that are at a higher than .40 FAR. Commissioner Ostrowski clarified with staff that those that are larger were approved prior to current standards. Planner Daniel Fama agreed that they were pre-2001 General Plan adoption approvals. Commissioner Ostrowski asked about a greater than .40 strategy. Chair Rivlin said that while he appreciates the security and technology aspects the owner will incorporate in this new facility, what about when power outages occur? Will there be a generator in use?) At what noise impact? Brett Henry said that without power the gates are locked.. They would clear the building if there was no power. Chair Rivlin asked if there are plans to incorporate solar on the roof. Brett Henry said they had looked into solar and have solar at three of their existing locations. Chair Rivlin asked why not include solar now with this location. Brett .Henry replied that they had challenges but could add solar to their project as a condition of approval. Chair Rivlin referred to the changing FAR as proposed through the last few years from 1.5 in 2018, down to 1.1 FAR and then back up to the currently proposed 1.26 FAR. Brett Henry: • Said that the proposed 1.5 in 2015 was brought down to a 1.1 FAR in 2018 when they reduced their four -level building to a three -level building. • Added that their 2019 proposal is more modern in appearance without being bright. However, it is also more expensive to build resulting in an increase of their FAR to 1.26. • Reminded that they have moved their building to the front of McGlincy. This land is expensive and so is the building. Chair Rivlin closed the Public Hearing for Agenda Item No. 1. Chair Rivlin asked Mr. Henry how, many storage facilities he has in this area. Brett Henry said he is building three of them right now. Chair Rivlin asked what the next closest existing location is to this one proposed for Campbell. Campbell Planning Commission Minutes for November 12, 2019 Page 7 Brett Henry replied he has five located in Sacramento. Chair Rivlin asked if they are the same size as proposed here. Brett Henry replied that they range between 90,000 and 155,000 square feet. Chair Rivlin asked if those buildings are 100 percent leased out. Brett Henry said storage facilities in California range between a 92 and 94 percent rental level. Chair Rivlin asked Mr. Henry how long he thinks it might take to fill his Campbell facility. Brett Henry replied 18 months to be at between a 95 and 96 percent occupancy. Commissioner Ostrowski asked the height of each floor. Bruce Jordon, Project Architect, said approximately 10-foot height for each floor. Commissioner Hines asked the height of the existing two buildings (commercial condos). Brett Henry said they are 25-feet tall for single -story. Commissioner Ostrowski asked about the modular wall and door system and if heights could be changed. Brett Henry replied that it would be hard to do and expensive. Commissioner Ostrowski asked how the modular wall and door, system works. Brett Henry said that it can be done. Chair Rivlin asked about the potential for converting use of this building in the future. Would the spacing between columns work to allow that conversion to occur? Bruce Jordon, Project Architect, said they use a 10-foot loft grid. It would be easy to expand that by installing beams. Chair Rivlin thanked the applicants for presenting their current proposal to the Commission. He asked what was wrong with the original plan for two buildings. Brett Henry: • Reported that the two -building proposal wasn't an efficient use. • Added that he is happy to get a single building instead. • Advised that the cost of construction for this building is between $85 and $110 per square foot. That equates to a cost between $15 million and $16 million. Campbell Planning Commission Minutes for November 12, 2019 Page 8 Bruce Jordon, Project Architect, said that using a single building allows them to consolidate elevators so as not to be visible/seen by residential adjacencies. Tim Franklin, Resident on Regas.Drive, Campbell:. • Thanked the Commission for its time. • Advised that he is a resident in the vicinity having lived in Campbell for 11 years now. • Stated that he has great neighbors and over the years have worked out noise impact issues from a construction company situated behind the residences on his street. • Added that the existing container storage on this site has not been an issue in the past. I • Admitted that his concern is the mass of this proposed structure. • Cautioned that it will be seen from both far and wide. It will be very intrusive and adversely impact their property values. It will be an eyesore. • Declared the size of this structure to be intrusive and difficult to hide. • Pointed out that this is a critical decision that is in the Planning Commission's hands this evening and he hopes the Commission will respect the .40 FAR recommendation from staff and it be retained within a one-story structure. Sandeep Deshmukh, Resident on Regas Drive, Campbell: • Informed that he is a nine-year resident of this quiet neighborhood. • Expressed concern for an increase in traffic as well as the proposed size and height of the proposed building. It will be much taller than existing homes adjacent. • Stated that it would have a direct impact on property value. • Added that he has noise concerns especially with a 6 a.m. start time for access to this facility. • Concluded that trees would not be tall enough to high this building. Francisco Jimenez, Resident on Regas.Drive, Campbell: • Said he is here this evening in two roles. One is being in opposition to this proposal. The other is being both a neighbor and citizen of Campbell. • Stated that a three-story building is too tall and wrong for this neighborhood that is a balanced mix of industrial and residential uses. • Said that having one and two stories above our homes, even if diminished by increased setbacks, this building will still be visible from blocks away. • Reported that there are six existing storage facilities nearby. • Reiterated that this building is just too tall for this _neighborhood and would adversely alter the look and feel of their neighborhood and result in driving down values of our homes. Tomi Ito,. Resident on Sweetbriar Drive, Campbell: • Said that he was here previously when this site was proposed to be a storage facility. • Admitted that he was against it originally, but it passed anyway. • Concluded that he remains against it. Francoise Thompson, Resident on Regas Drive, Campbell: 0 Said that her home is right behind the construction company. Campbell Planning Commission Minutes for November 12, 2019 Page 9 • Stated that she is against this project as the height is obtrusive and an eyesore. There will be increased noise including loading and unloading of items. It will operate daily from early to night. It will alter the lifestyle of our neighborhood. • Added that even the tall fence proposed would be obtrusive to their. neighborhood. • Admitted that while there may be the need .for more storage facilities, she suggests another site be considered that is closer to higher density and not so close to high -end high-priced homes. Luis Chanu, Resident on Regas Drive, Campbell: , • Stated that his major concern with this proposal is thetheight of the building and its impact on property values. Commissioner Krey asked Mr. Henry if he has every had to close a self -storage facility. Brett Henry: • Emphatically replied "never." • Reported that self -storage facilities have the lowest foreclosure rate of all categories. • Said that self -storage facilities are under -supplied. There is a need for more of them. • Advised that all the Campbell -based self -storage facilities are full. • Assured that residents of Campbell will use this facility. Most clients will be living within two to four miles of this facility. Commissioner Krey asked Mr. Henry whether the suggested two-story option is out of the picture as far as he is concerned. Brett Henry: • Replied that it doesn't really pencil out. • Reiterated that the land and building costs are expensive. • Assured he would be respective of all his neighbors. • Advised that he currently has nine facilities that abut residential. • Pointed out that they get single -passenger cars. • Reported that once built, the neighbors won't know when there are customers on site. • Admitted that the issue of line -of -site is very tough. This is an industrial property with an allowed 45-foot height. Chair Rivlin closed the Public Hearing for Agenda Item No. 1. Commissioner Buchbinder .asked the hours of operation for the facility currently on this parcel. Planner Daniel Fama replied between the hours of 6 a.m..and 11 p.m. Commissioner Ostrowski questioned the recommendation from the allowed maximum FAR of .45 to the recommended maximum at .40. Why a .reduced FAR from allowed standard in this M-1 Zoning. Planner Daniel Fama said that,is an accurate representation of the proposed FAR. Campbell Planning Commission Minutes for November 12, 2019 Page 10 Director Paul Kermoyan: • Said that there is no building in Campbell with a 30-foot ceiling height for a single - floor. That height would serve for an airplane hangar. • Stressed that, "We don't see it!" • Added that in the event such heights become routinely requested an Ordinance would need to be drafted to appropriately deal with those excessive ceiling heights. Commissioner Ostrowski'asked what the typical one-story height is in this area. Director Paul Kermoyan said that it is hard to gauge that. It can be compared to the building that is next to it; to what's existing in the neighborhood and gauge that information to what is proposed here. Commissioner Buchbinder said that the proposal includes changing the zoning back from C-PD to M-1. What would be the maximum height as a result of that change? Planner Daniel Fama: • Reminded that there is no established maximum height in a C-PD zoned property up to the maximum -standard of 75 feet established by voter initiative. Commissioner Buchbinder asked what the standard maximum height is in a M-1 zoned property. Planner Daniel Fama replied 45 feet for any type of industrial building. Commissioner Ostrowski pointed out that the original C-PD project was intended to include four buildings but only two were built. What was their height? Planner Daniel Fama replied 25 feet, which is the same height as two of the proposed four buildings that were built. Commissioner Buchbinder: • Said that "the service level you provide is the service level you defend." • Reminded that.this site had been zoned M-1 since the 1970's. There could have been a 45-foot building here in the last 18 years or more. • Admitted that this proposal seems like the most compatible use adjacent to the existing residential. • Added that both traffic and aesthetics have been considered and this seems the most compatible.. . Chair Rivlin: • Cautioned that there can be a resulting change in scenery no matter what goes in there. That's the conundrum he is going through. • Pointed out that he couldn't see the existing 25-foot buildings on the C-PD site from the residential neighborhood. • Added that what is proposed here is just eight -feet taller than the existing adjacent building. Campbell Planning Commission Minutes for November 12, 2019 Page 11 Commissioner Buchbinder said that a 45-foot high sheer wall located five -feet from someone's backyard would be more impactful than what is proposed here. The allowed M-1 rear setback is either five -feet or half of the wall height, whichever is greater. Commissioner Ostrowski: • Said that the maximum height and FAR must be considered in conjunction. • Added that this proposal would have to reduce its footprint by 60 to 70 percent. • Opined that this project is so beyond the M-1 zoning code standards as to FAR as proposed. • Agreed that it is a low -impact use. Planner Daniel Fama corrected the rear setback as being 10 feet minimum not five -feet as -he previously stated. He added that the Planning Commission can grant an exception even so far as to allow a building on the property line. Commissioner Ostrowski said she would encourage any building be set further back from the rear property line. Commissioner Hines: • Said it is important to consider the mass. • Admitted that the proposed FAR that is 2.5 times the standard is a very large change and sets a precedent/standard. Commissioner Buchbinder said that land is that expensive. Self -storage is a needed use. He would prefer to see just one building rather than a very large yard. Commissioner Ostrowski: • Agreed that would be optimal. • Reminded that the policy was put in place in 2001. • Said in her view the massing and fact that FAR is three times allowed is problematic. Chair Rivlin said that General Plan strategies were put in place after the 2001 General Plan Update was completed. Planner Daniel Fama said it they were put in place in 2004 and 2006. Chair Rivlin pointed out that there have been no new storage facilities in Campbell since 1997. He asked staff to verify whether basement space is not counted against FAR. Planner Daniel Fama replied no. He added that same applies for internal drive aisles. Commissioner Buchbinder: • Said that it becomes an economic question. The Commission could tell them to excavate down two stories but that could be cost -prohibitive. • Reiterated that there have been no new self -storage facilities coming into Campbell since 1997. Campbell Planning Commission Minutes for November 12, 2019 Page 12 Commissioner Ostrowski added that this one is not a new one either as it is replacing an existing facility on the same site. Planner Daniel Fama confirmed that comment. Commissioner Buchbinder said that it would be increasing the amount of storage space available. Planner Daniel Fama said the current total population count for Campbell is currently 43,200. Commissioner Hines said that the Commission would be setting a new FAR in an M-1 Zone with this project. Commissioner Ostrowski asked if there are other projects that are outside of their allowable FAR standards by this much? Commissioner Hines added, "...and with the proximity to residential uses?" Chair Rivlin: • Said this (McGlincy) is not a residential street. • Reminded that the proposed self -storage use is allowed there. • Added that regarding the generation of traffic, a self -storage facility is the least impactful use possible allowed within the M-1 Zoning District. Commissioner Ostrowski said that FAR is the measure we have. This proposal is three times as much FAR as allowed. Commissioner Krey: • Said that he is leaning to approval on this one as it represents the lowest impact use you can have there than any other project. • Stated that it seems like a good use with lower impact and lower traffic. • Admitted that he has been wrestling with the visual impact on the adjacent residential properties ever since he got this project's staff report. Commissioner Hines: • Said the Commission has heard from the public that the size of the proposed building is of concern and it is believed by the adjacent residents that there would be a very - significant impact on their properties. Commissioner Ostrowski: • Said there are trade offs between massing, height, site and view versus noise. • Stated that the residents are clear they hear noises from use of this property. • Reiterated that mass and size are the main concerns. • Reminded that Fire wouldn't allow a stepped back building design due to firefighting standards. Campbell Planning Commission Minutes for November 12, 2019 Page 13 Chair Rivlin asked staff to comment. Planner Daniel Fama: • Said that comment is correct. The building could not be stepped back in order to have required ladder accessibility. • Added that changes to the structure cannot be easily done by the Planning Commission. Chair Rivlin suggested that the from the rear, the proposed building be lowered from the proposed three stories to just two -stories. Commissioner Krey said that seems like a doable approach. Director Paul Kermoyan said that a .40 may not be appropriate. It may be necessary to see how to justify/go over the proposal and see what the outstanding factors may be. Chair Rivlin reminded that this site would require limited access therefor representing a lower traffic impact. It would create less of an impact than would warehouse or industrial uses. Commissioner Krey said that low impact use equals low -traffic activity inside. Director Paul Kermoyan: • Agreed that this would be a big building covering this site. • Gave as an example a large building where the user is taking trash inside of it. As a result, the activity inside cannot be overheard. • Added that the Commission would need to justify the criteria for an increase in FAR. • Said we'd have, or will have, to have a lot of them. Commissioner Buchbinder said this will be a giant soundproof building. Commissioner Ostrowski jokingly replied that she would only approve that if it were both soundproof and invisible. Commissioner Buchbinder asked what the proposed justification is. Commissioner Ching: • Listed things such as traffic noise, property values and the visual impacts of building height. • Added that economic enjoyment and best use of space are others. • Admitted that he can understand the neighbors' concerns and would have the same concerns. • Reminded that as to the issue of traffic and noise, there would be no big trucks other that during the time of site construction. • Stated at a building with a .45 FAR and 10-foot setback is possible on this property. • . Reiterated that this site will be, industrial not residential use. Campbell Planning Commission Minutes for November 12, 2019 Page 14 • Opined that the State of California will mandate higher density. There are going to be more people in smaller areas and as a result the need for storage is going to increase. • Suggested that a technical site at approximately 45-foot-high building doesn't detract from the overall area. • Added that there is the potential issue for neighbors that could be mitigated by trees and a 65-foot rear setback. • Said this is a run-down area. This project, if done right, will improve it. • Stated that it is a more efficient use of land and space by going up rather than spreading out. • Advised his preference is for a two-story structure while allowing an increased FAR. He will support. Commissioner Buchbinder: • Said that the general allowed business hours are between 6 a.m. and 11 p.m. • Added that the staff recommendation is to limit the business hours to 7 a.m. and 8 p.m. (weekdays) and from 8 a.m. to 7 p.m. (weekends). • Questioned why the reduction is being recommended by staff. Planner Daniel Fama said that staff is simply working with adjacencies being taken into consideration. Commissioner Ching said he supports staff's recommended hours for this use. Commissioner Buchbinder said he agreed. Chair Rivlin said it makes sense to him. Commissioner Hines: • Thanked the applicant and his team for considering Campbell. • "Asked that the Commission will figure out the right way. • Asked if the existing two buildings (commercial condos) are compliant as far as FAR. • Added that the applicant can figure if that works or not. Chair Rivlin: • Suggested giving this applicant some flexibility to have some three-story space. • Added keeping the rear portion at two -stories north of the internal drive aisle remain the third floor. That would take the FAR down under 1.0. • Suggested that we not go hog wild `for this use that doesn't impact. • Stated that it is hinted that use of this building could change but he said he didn't think it would need to. Planner Daniel Fama advised that any change of use that may be proposed in the future would be required to undergo review and changes to the Use Permit. Commissioner Ostrowski suggested some sort of compromise regarding the height of the building including the planting of large trees at the back. Campbell Planning Commission Minutes for November 12, 2019 Page 15 Commissioner Buchbinder: • Supported a compromise but said that this self -storage space is needed in this area. • Said that if the Commission were going to ask for compromises, we'd ask for trees to be planted, for a larder setback and for terracing; the applicant has done all of that but the last, which the Fire Department prohibited. • Suggested taking one floor out and bringing the first floor out further to make up for it, but noted that this would not change the FAR. Commissioner Ostrowski said that this Commission must figure out how to develop this land located its neighborhood and within Code standards. Commissioner Krey said it's clear the Commission is divided here. He suggested a straw poll to see where we are at as a Commission vote wise. The straw vote indicated three of the Commissioners supporting this application as proposed by the applicant (Buchbinder, Ching and Krey). Director Paul Kermoyan: • Reminded that staffs recommendation is to go with a one-story building with a .40 maximum FAR. • Continued that the Planning Commission seems okay with the .40 FAR and allowing minor changes to the facades located closer to the residential neighbors. Commissioner Buchbinder said that the expanded setback sufficiently mitigates the impacts of the height appropriately. Chair Rivlin suggested have the final approval of the tree species to be planted at the rear of site be left to the discretion of the Community Development Director. Planner Daniel Fama said that provision should be added to the conditions of approval. Motion: Upon motion of Commissioner Ostrowski, seconded by Commissioner Hines, the Planning Commission took the following actions: • Adopted Resolution No. 4542 recommending that the City Council adopt a Mitigated Negative Declaration; • Adopted Resolution No. 4543 recommending that the City Council approve a Zoning Map Amendment (PLN2018-336) to rezone the project site from C-PD (Condominium Planned Development) to M-1 (Light Industrial); • Adopted Resolution No. 4544 recommending that the City Council approve a Conditional Use Permit with Site and Architectural Review (PLN2018-337) to allow construction of an approximately 156,500 square -foot 3-story self -storage facility with a basement level and caretaker/employee housing unit, including associated site, lighting, parking, -and landscaping improvements, an increased floor area ratio (FAR), an increase Campbell Planning Commission Minutes for November 12, 2019 Page 16 to the allowable fence height, and an adjustment to the landscape requirements, with the following changes: o Revision to the plan to reduce the self -storage facility's building height for the back half of the building from three stories down to two stories; o Modifying the landscaping plan subject to trees being of enough size and proportion in terms of height subject to the discretion and approval by the Community Development Director; o Finding 4 (CUP) — rear half of storage unit to be reduced to two stories; o Finding 9 to be stricken; o Condition 1 — conform with motion reducing the rear half of the building to two stories and revise plans to conform with Condition 9; o Condition 9 — Reduction of the rear half of building down to two stories (these same resolution changes apply to Resolution 4546 below that applies to Modifications to the previously -approved Planned Development Permit); • Adopted Resolution No. 4545 recommending that the City Council approve a Vesting Tentative Parcel Map (PLN2018-338) to merge existing parcels, abandon existing public and private easements, and to establish a new parcel with associated public and private easements on property located at 680 and 700 E McGlincy Avenue; and ■ Adopted Resolution No. 4546 recommending that the City Council approve a Major Modification (PLN2019-114) to a previously approved Planned Development Permit (PLN2005- 126/PLN2009-159) to eliminate Phase 2 of the McGlincy Business Center Project affecting property located at 680, 700, 710, and 750 E McGlincy Avenue, with the change to Finding 4 (CUP) requiring that the rear half of the storage unit to be reduced to two stories; 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 at their meeting on December 3, 2019. Chair Rivlin called for a short recess at 9:45 p.m. and reconvened the meeting at 9:50 p.m. Chair Rivlin read Agenda Item No. 2 into the record as follows: Campbell Planning Commission Minutes for November 12, 2019 Page 17 2. PLN2019-171 Public Hearing to consider the application of Catherine (CUP) Cauagnaro/Karen Blancato for a Conditional Use Permit (PLN2019- 171) to allow ancillary off -site alcohol sales within an existing retail store on property located at 354 E. Campbell Avenue. Staff is recommending that this application 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 staff for the rationale behind not allowing a full 10 percent of retail area to be devoted to alcohol. Planner Cindy McCormick: • Explained that the entire floor area is not covered with merchandise. Ten percent of the entire showroom equates to 68 square feet, which may be considered excessive amount of area for alcohol and still be considered ancillary. • Added that just a small percentage of the available floor space, approximately between 25 and 30 percent, currently contains merchandise with the rest being open space and wide aisles. Commissioner Ching asked if there is an ABC (Alcohol Beverage Control) license restriction on the area for alcohol. Planner Cindy McCormick replied no. ABC requires the City to submit an affidavit with the issuance of this CUP that specifically establishes the amount of shelf space dedicated to off -site alcohol retail sales. Commissioner Ostrowski asked if this business were to have 10 percent of retail space for alcohol, ABC regulations consider not the percentage of the business' total square footage but rather the total square footage of their alcohol display space/area. Planner Cindy McCormick: • Reported that staff looks at the business' floor plan for general planning purposes. • Advised she had spoken with ABC this morning and they want to know the height and width of the display area for alcohol. • Reminded that alcohol sales are intended to be just a small (ancillary) portion of this retail business and it will represent just a small percentage of the entire showroom space. • Added that the Commission can discuss this further. Commissioner Buchbinder: • Pointed out that the initial proposal was to devote 10 percent of the floor space to alcohol products. Campbell Planning Commission Minutes for November 12, 2019 Page 18 • Asked how staff arrived at its alternative. Planner Cindy McCormick reiterated that alcohol sales are intended to be only an ancillary part of this business to supplement the majority imported Irish and Scottish made clothing and craft retail items being sold at this Celtic Shoppe: The store will remain primarily retail. Director Paul Kermoyan: • Reminded that there is a specific alcohol policy for Downtown Campbell. • Advised that this business is a clothing and gift item store, but the owner now wants to sell special event/holiday gift baskets that include imported alcohol and then decided she wanted to have shelf space dedicated for alcohol year-round. • Added that ABC wants to see a permit area indicating just how much of the business floor plan will dedicate to alcohol. It's a taxation thing. • Stated that the question for the Planning Commission is whether it is generally okay for alcohol sales to occur at this existing traditional retail location and, if so, to what extent. Chair Rivlin opened the Public Hearing for Agenda Item No. 2. Catherine Cavaguaro, Applicant and Downtown Business Owner, The Celtic Shoppe: • . Admitted that her husband had wanted to add alcohol to this business many years ago and she had resisted. • Stated her appreciation for the Commission's thoughtful considering of her request. Commissioner Hines asked Ms. Cavaguaro if she's selling Irish Whiskey. Catherine Cavaguaro: • Replied both Irish and Scottish. • Asked if the Commission would also allow her to extend her operational hours. She currently closes at 7 p.m. and was hoping to be able to stay open to about 8 p.m. Commissioner Ching asked Ms. Cavaguaro about her original request for 10 percent of her retail space being devoted to alcohol versus the 25 square foot display area under discussion this evening instead. Will that be enough? Catherine Cavaguaro reported that the cabinet they have in place and waiting for alcohol storage and sale is four feet wide, 6 feet tall and a half -foot deep. Commissioner Ching asked where the alcohol would come from. Catherine Cavaguaro replied Scotland and Ireland. Commissioner Hines thanked Ms. Cavaguaro for having her shop in Downtown Campbell. Chair Rivlin asked Ms. Cavaguaro how long she has had her business in Campbell. Campbell Planning Commission Minutes for November 12, 2019 Page 19 Catherine Cavaguaro said her business was first in Cupertino for 26 years and has now been in Downtown Campbell for 14 years. She explained that the main things that she sells include art and crafts coming from both' Scotland and Ireland to help those artisans find a market for their items. One of the Commissioners indicated concern over how the display limitation would impact the applicant's ability to participate in large events that occur Downtown with beer and/or wine service. Director Paul Kermoyan explained that those events are arranged and managed by the Chamber of Commerce. They secure one -day special permits for the alcohol service that occurs at those community events. The events will not have an impact on Ms. Cavaguaro's Use Permit conditions. Chair Rivlin asked staff about the Ms. Cavaguaro's request to extend her operational hours. Planner Cindy McCormick said that she's simply asking to stay open a bit later than she has current approval for, which is 7 p.m. She just wants to extend to 9 p.m. for busier times of year. Chair Rivlin closed the Public Hearing for Agenda Item No. 2. Commissioner Ching said he was in support of this request. Commissioner Hines said that 38 square feet of alcohol shelf space is supportable as is her request to extend her hours of business to 9 p.m. Commissioner Ostrowski said she was supportive of the staff recommendation. Commissioner Buchbinder said he concurred. He added that it's a rare case where staff, the applicant and ABC all want the same thing. Commissioner Hines said he could support the requested space of a 6 x 4 x 1.5 display case for the storage of alcohol for off -site sale. Commissioner Krey said he was supportive of,extended hours. Planner Cindy McCormick: • Explained that Ms. Cavaguaro currently operates to 6 p.m. (Monday through Wednesday); 7 p.m. (Thursday and Friday) and 4 p.m. (Saturday and Sunday). • Suggested the Commission simply extend closing time to 9 p.m. daily. to give her plenty of flexibility moving forward. Chair Rivlin said he supports that suggestion and this request. Motion: Upon motion of Commissioner Krey, seconded by Commissioner Ostrowski, the Planning Commission adopted Resolution No. 4547 Campbell Planning Commission Minutes for November 12, 2019 Page 20 approving a Conditional Use Permit (PLN2019-171) to allow ancillary off -site alcohol sales within an existing retail store on property located at 354 E. Campbell Avenue, with an increase in operational hours to 9 p.m. daily, 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 are any disclosures from the Commission about Item No. 3. There were none. Chair Rivlin read Agenda Item No. 3 into the record as follows: 3. PLN2018-206 Public Hearing to consider the application of Chick-fil-A / (CUP/S&A/CEQA) National Retail Properties LP for a Conditional Use Permit PLN2018-207 (TRP) with Site and Architectural Review and Tree Removal Permit to allow construction of a new drive -through fast-food restaurant, associated site and landscaping improvements, and removal of protected trees (PLN2018-206; PLN2018- 207) on property located at 2060 S Bascom Avenue. A Mitigated Negative Declaration has been prepared for this project. 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 and introduced Kenneth Jeong, consulting traffic engineer from W-Trans Consulting. Kenneth Jeong, W-Trans Consulting: • Referenced a memo distributed this evening that describes recent changes to their analysis. • Stated that the result is that there are just a few seconds of impact that equates to "less than significant." Commissioner Krey asked about the Bascom/Hamilton intersection. Kenneth Jeong, W-Trans Consulting, said that intersection did not change. He added that the analysist estimates the impact on local streets at peak activity morning and evening. Commissioner Krey: Campbell Planning Commission Minutes for November 12, 2019 Page 21 • Said that Hamilton/Bascom intersection will be impacted by Chick-Fil-A at this Bascom location. • Opined that it would generate more new traffic than In-N-Out Burger would have generated had it gone it at Hamilton/Hwy. 17. Director Paul Kermoyan asked Kenneth Jeong, W-Trans Consulting, if they had considered In-N-Out as being in existence during their study. Kenneth Jeong, W-Trans Consulting, said that they calculate out 20 years into the future not through individual projects. In-N-Out was not directly counted. It is not useful to go project by project. Director Paul Kermoyan: :. Stated that there is no way that Chick-Fil-A will generate more traffic than an In-N-Out. • Added that this proposed Chick-Fil-A is closer to Highway 85 than it is to Highway 17/880. Kenneth Jeong concurred that Chick-Fil-A has less traffic than In-N-Out. Planner Cindy McCormick: • Reported that a Mitigated Negative Declaration was prepared following the preparation of an Initial Study. • Listed some of the categories requiring mitigations as follows: o Air Quality — managed through construction measures and captive odor at 70 percent. o Biologic Resources — Tree removal and biologist to be hired o Cultural Resources — Immediately stop construction activity on site should any cultural resources/artifacts be discovered on site. o Hazardous Materials — There is an existing service station within 150 feet of the project site. o Hydrology — PW will impose requirements as will Santa Clara Valley Water District (SCVWD) and per all applicable standards contained within the Campbell Municipal Code. • Advised that a financial contribution to mitigate impacts at Hamilton/Salmar are no long necessary with the corrections to the data on the traffic analysis report and the fact that the applicant reduced their building size by approximately 400 square feet. • Said that it is anticipated that there will be minimal impact from the queuing and parking for this use; however, it does not have impacts to this project. • Stated that staff is recommending approval, but the Commission will be able to continue to aske more questions and get more answers during this hearing process. Commissioner Krey asked about the thoughts behind,having a three-foot tall wall versus the recommendation for a six-foot tall wall by a neighboring, property owner. Isn't six-foot wall height unusual as proposed in this situation on a corner lot and along a side street (Arroyo Seco)? Planner Cindy McCormick: Campbell Planning Commission Minutes for November 12, 2019 Page 22 • Stated that the Commission can adjust recommendations regarding screening walls. • Said that a screening wall is in place between the project site and adjacent residential. • Admitted that she is not aware whether other restaurants have six-foot walls to screen their business. • Clarified that it is a three-foot wall that is currently proposed with this project along Arroyo Seco (a side street to the project site). A three-foot wall would screen the headlights from passenger cars but likely not oversized pickup trucks. Chair Riviin opened the Public Hearing for Agenda Item No. 3. Joel Phillips, Representative for Chick-Fil-A: • Said he is here this evening with Steve Schwartz, who is with Chick-Fil-A. •. Reported that they are moving the trash enclosure from its current location close to adjacent residences, so it is further away. • Pointed out that the existing Denny's Restaurant operates 24-hours a day while Chick- Fil-A operates Monday through Saturday with_ 10 p.m. closing and no Sunday operation. • Said that their plan closes the existing access point from Arroyo Seco, so the access comes just from Bascom Avenue. • Advised that there are currently 11 trees on this site. Six of those will remain with 26 new trees being planted for a total of 32 trees on this site. • Assured that they have been working with neighbors to minimize impacts. One way was to reduce the proposed building size by 444 square feet. • Said that a queuing analysis was prepared. The maximum number of vehicles is 21.3. The queue itself can handle 20 cars. • Added that Chick-Fil-A team members go out to help control traffic. They take iPad orders to help speed up the line movement. • Said that they have addressed the impacts outlined in the Mitigated Negative Declaration. • Explained that they will have security on site: • Reported that with a $10,000 franchise fee, it is very likely that this location will have a local owner. This location will create 80 jobs locally. • Informed that Chick-Fil-A has granted $75 million in scholarships through the years. They close on Sunday. They have a successful business model. • Stated that Chick-Fil-A is here to, be a good neighbor. They have and do listen to the community as willthe owner/operator of this location. • Pointed out that this site design and proposed use is supported by City staff. • Asked for reconsideration of some of the language in the Condition of Approval dealing with deliver hours. 'He stated that he'd like to see language added to allow extended delivery hours in case of emergency such as truck break -down that delays arrival. Some sort of contingency for times like that. Steve Schwartz, Chick-Fil-A: • Stated that he didn't have a lot to add. • Advised that he had spoken with people along the way and is available this evening for any questions. Campbell Planning Commission Minutes for November 12, 2019 Page 23 Commissioner Buchbinder: • Pointed out that several members of the public have provided written comments about this proposal, both negative and positive. • Said that many of the concerns were of a socio-political nature. • Asked if either Chick-Fil-A representative would like to respond. Steve Schwartz: • Stated, "We are a restaurant company concentrating on great food, great service and an environment for everybody." Herb Weinman, Resident on Shannon Road, Los Gatos: • Explained that he is the property owner of 1059 Arroyo Seco Drive which is across the street from this project site. • Stated that it seems like a nice project but it's in the wrong place. This is a high traffic; high .usage business and he is concerned for his tenants living across the street from this site. • Opined that the proposed three -foot -high wall would equate to an attractive nuisance that people will just climb over to get to the restaurant. • Stated that vehicle lights will shine onto their property and specifically into the large windows fronting Arroyo Seco. The drive-thru line would result in people in cars staring into these residential windows as they wait. The lights from trucks could be visible at an approximately six-foot height. • Added that there would be noise impacts from cars, their radios, and loudspeakers from the restaurant ordering system. This will occur until 11 p.m. • Recounted that the Blossom Hill Chick-Fil-A location has a tall wall. There's a six-foot fence around the property now and he suggested adding an addition three feet to reach a nine -foot height. Along with that there should be an eight to ten -foot fence running along the Arroyo Seco side property line. Vikki Essert, Resident on E. Campbell Avenue, Campbell: • Stated that she is a member'of the GPAC (General Plan Advisory Committee) that is working on the General Plan. • Reported that while this proposal is compliant with the City's current General Plan; for the new General Plan being drafted it is anticipated that drive-thru restaurants will be banned throughout Campbell. The Zoning along Bascom Avenue would be reduced from C-2 (General Commercial) down to C-1 (Neighborhood Commercial). • Stated that the traffic .study for this project didn't address The Bascom Avenue Complete Streets Plan. • Pointed out that it is not a new idea for there to be a Chick-Fil-A restaurant without a drive-thru. • Suggested that this proposed Chick-Fil-A be approved without drive-thru service. Carin Powell, Resident on Duncanville Ct., Campbell: • Said that it is important to make decisions as a community. • Stated that ownership of Chick-Fil-A is known to financially support organizations known for reprehensive beliefs and acts. They give a million dollars a year to anti- Campbell Planning Commission Minutes for November 12, 2019 Page 24 LGBTQ communities that espoused conversion therapy to try to change people from being gay. • Said that this company cannot be trusted. They take pride in discrimination. Vast amounts of money are being donated. This business is not welcome in San Francisco or San Antonio to name just two. • Declared that this Commission is in the position to make the right choice and not a hate -filled choice. Again, money from this company finances acts of discrimination and violence. We must value "personhood" over a fast food enterprise. . Mary Broxon, Resident on Bent Drive, Campbell: • Advised that she had similar things 'written but can't say them any better than the speaker before her. • Said that this use will result in terrible traffic and disturbance to this neighborhood as thousands of non-resident traffic cuts through as well as blocking intersections. • Said that the Waze app directs traffic into their neighborhood. The neighborhood cannot handle this influx of traffic. • Pointed out that other cities have rejected having drive-thru restaurants. • Added that Chick-Fil-A is a socially controversial company with anti-LGBTQ comments and donations to anti-LGBTQ organizations. • Asked that this project be stopped. Steven Stein, Resident on El Solyo Avenue, Campbell: • Echoed the comments of the previous speakers. • Reported that he went to the last SARC meeting and asks: o - "Is this project what we want to kick off how this area is going?" o Will employees' vehicles be on site or parked in nearby residential neighborhoods? • Assured that the traffic at Chick-Fil-A backs up. • Admitted that he's never going to go there as he doesn't eat meat. Keith Applegate, Resident on El, Solyo Avenue, Campbell: • Said that the previous speakers have already spoken eloquently. • Advised that he has lived in Campbell for 35 years and Pruneyard and the Downtown represent what Campbell is today. • Asked, "What do you want Campbell to be?" • Answered, "A walkable community." • Reminded that Chick-Fil-A will bring 100 cars an hour to this area and his neighborhood is going to take the hit from this use and its vehicular traffic. Bascom will also be greatly impacted. • Requested that the Commission take the concerns of current residents into consideration when making its decision on this. Catherine Clock, Resident on Arroyo Seco Drive, Campbell: • Stated that she agrees with her neighbors who spore before her. • Admitted that she has very little confidence in the traffic analysis provided. It's almost laughable. Campbell Planning Commission Minutes for November 12, 2019 Page 25 • Pointed out that navigation systems will bring Chick-Fil-A's customers into our residential streets. • Advised that this neighborhood is blackat night as there are no street lights. • Opined that if this project passes it would be appalling especially when combining the traffic impacts with the social .issues.. Christie Styer, Resident on El Solyo Avenue: • Said that she too echoes what her neighbors have already said about traffic impacts to their neighborhood. • Said that this community is socially inclusive, and this business' owner does not align with the values of this community and how it functions as a walkable community. • Said that 112 to 722 cars cannot be accommodated. There would be an environmental impact with carbon'exhaust. This business will create changes to the whole infrastructure of her community. • Asked if the respective Commissioners would be okay if this was by their home. Greg Styer, Resident on El Solyo Avenue: • Said it's important to consider just how big these stores are. Chick-Fil-A is the number one in revenue per store by $2 million. • Added that they are twice as busy as In-N-Out locations. Robert Biagi, Resident on Arroyo Seco Drive, simply stated his concerns over the traffic impacts of this proposal. Beverly Weinman, Resident on Shannon Road, Los Gatos: • Said that they are 45-year owners of a rental property on Arroyo Seco, directly across the street from this proposed Chick-Fil-A. • Expressed concern over fumes from cars. • Concluded that she could not see this drive-thru there at all. Chair Rivlin closed the Public Hearing for Agenda Item No. 3 Commissioner Ching: • Stated that although he hears the social issues raised by several speakers this evening, this Commission is appointed by,the City Council to make its decisions based on consistency with the rules outlined via the General Plan and Zoning Code and . that's how he will pursue his decision -making process. • Admitted that he doesn't like drive-thru restaurants but right now allowing one here is consistent with the General Plan. While that may potentially change soon, it's what we must work with right now. • Disclosed that he had a short phone conversation with the project applicant on Friday (November 8th) and the discussion centered on the issues of public safety, traffic and air quality. • Pointed out that per the traffic report, traffic is going to be manageable on Bascom but will be an issue on the side roads. Campbell Planning Commission Minutes for November 12, 2019 Page 26 • Agreed that the issue of where employees will park is a concern. Public safety is a concern as he fears cars at a high speed being a risk both to pedestrians and cyclists as they go into the Bascom entrance to this proposed Chick-Fil-A. • Admitted that he'd like to think of how best to mitigate that concern. • Said that Chick-Fil-A is working with planning issues. • Added that they are a better employer than some others. • Said that headlights beaming into the duplex across the street should be adequately addressed. • Stated that he is not in favor of an eight to ten -foot high wall along the Arroyo Seco side as a solution to screen headlights from across the street. That would look like a prison. • Agreed that the proposed architecture can still be improved. Commissioner Hines: • Admitted that he struggles with the messages received from the community and is torn socially by the issues they raise. • Agreed that the Commission must review this request against the General Plan. • Added that the question remains, "Can we make this work?" • Continued by asking if it might be possible for this Chick-Fil-A location be one without a drive-thru. Is that even possible as far as Chick-Fil-A is concerned? • Stated another consideration is the anticipation that the new General Plan might well go with a no drive-thru restaurant policy. • Said that perhaps either a "no left turn" or "right turn only" option might help manage traffic coming to this site. • Declared that there' is not a clear and/or easy answer to these questions. Commissioner Buchbinder: • Stated that he is skeptical about using a "neighborhood character" argument but rather wants to see it as a City-wide argument. • Advised that he is committed to pluralism. One cannot think about this restaurant coming here without remembering the ownership's financial support for gay conversion therapy occurring elsewhere. • Admitted that the applicant has gone to great lengths to make their application appealing. • Reported that Chick-Fil-A averages $4.4 million per location. • Stated that he doesn't like drive-thru restaurants but right now they are allowed. • Stressed the need to ensure that headlights from the drive-thru lane(s) do not shine into their neighbors' home(s). • Said that this application looks reasonable as per zoning with modifications, but he can't approve this knowing that there's a direct link from running the business to funding conversion therapy. Commissioner Ostrowski: • Thanked all speakers for their comments. • Admitted that this is not an easy topic and comes with a lot of important aspects. • Said that she specifically wants to mention traffic. • Stated that she does not have much confidence in the traffic report and data provided. Campbell Planning Commission Minutes for November 12, 2019 Page 27 • Added that while even though the General Plan currently still allows drive-thru restaurants it also calls for a higher -level scrutiny for restaurants with a drive-thru by requiring a Use Permit. • Said that for walkable communities lighting is important. • Added that lighting from this site could have significant impacts on adjacent residences. • Pointed out that another General Plan goal is regarding neighborhood values. Planner Cindy McCormick indicated that the 20-foot-tall light poles could be reduced to 10-feet in height consistent with the other 10-foot-tall light poles that are proposed. Commissioner Krey: • Said he too echoes comments already made by others. • Stated that the social issue is a good one and questioned if there might not be some way to ensure that the local owner of this Campbell Chick-Fil-A not donate to anti- LGBTG organizations and gay conversion therapy practices. He added that he's not sure there is a way. • Admitted that he is not sure about the traffic numbers provided. There are a lot of problems there. The info provided indicates that this use would create less of an impact than would In-N-Out. • Advised that he -voted for In-N-Out but is in favor of banning drive-thru restaurants on Hamilton Avenue. • Added that there is going to be more development along Bascom Avenue and with that there's going to be more traffic there as well. • Reported that per SARC review, the design was fine; it was preferred with a lighter paint color and use of a double drive-thru queue. ` • Agreed that there remains a lot of concerns here as traffic gets worse for all of us. Chair Rivlin: •' Said he has similar thoughts as articulated by the other Commissioners. • Said this proposal is not particularly pedestrian -friendly and requires protected pedestrian access path to get customers into the restaurant itself without crossing a drive-thru queue. • Stated that the question remains, "should this site have a drive-thru?" It may end up being the last one in Campbell if the General Plan changes as is being considered by GPAC. It this is allowed here, we will live with it for the next 60 years. • Opined that a drive-thru is not the best thing going forward. • Reminded that there are 54 parking spaces provided where 51 are required. He asked if that parking provision counts for employee parking as well. Planner Cindy McCormick clarified that required parking is based on seats and -non -dining area. Director Paul Kermoyan added that employee parking is built into the ratio just described by staff. There is not a separate standard for employee parking. Chair Rivlin asked if there is any way to require that their employees park on site. Campbell Planning Commission Minutes for November 12, 2019 Page 28 Director Paul Kermoyan replied yes. Chair Rivlin asked if there is any further discussion. Commissioner Ching asked if there is an option should this use create issues such as air quality, noise, neighborhood parking, etc. Director Paul Kermoyan replied yes. He added that per the new upcoming Regional Housing Needs Assessment (RHNA) numbers Campbell is going to have to add thousands of new housing units. This use will have to be contained on its own site. Commissioner Ching: • Said it seems this proposal is consistent with the existing General Plan and Zoning; however, there remains public safety concerns specifically for pedestrian safety. • Stated that there must be some plan to mitigate those pedestrian safety concerns. • Concluded that beyond thatconcern, he is in support. Chair Rivlin suggested there be a few breaks/openings in the wall proposed along Arroyo Seco to allow pedestrians to access the Chick-Fil-A site and avoid any need to climb over the,wall to get on site. - Commissioner Hines: • Said that he personally takes social advocacy to heart. His wife and he work extensively on social issues important to them. • Stated that he is here today in the capacity of a Planning Commissioner appointed by Council to use the General Plan and Zoning standards in its decision -making. • Added that despite traffic details given, growth is inevitable. • Advised that the Commission needs to look at what we can do to support Campbell. • Reminded that Chick-Fil-A would be both an income and job producing company for this area. Commissioner Ostrowski: Agreed with Commissioner Hines that growth is inevitable, but we must look closely at how and what projects get approved. Pointed out that this site is adjacent to a residential area with larger parcels. A drive- thru is directly in conflict with that. It conflicts with those policies. It is not in alignment with the General Plan even today and will be more clearly not in the future. Commissioner Buchbinder said the Commission must use discretion. Director Paul Kermoyan asked City Traffic Engineer Matthew Jue, who also serves as the Staff Liaison for the City's Bike & Pedestrian Advocacy Committee, for input on what the City's ideas are for the Bascom Avenue Complete Streets Plan (BASCP). Matthew Jue, Traffic Engineer, City of Campbell: • Said on Bascom Avenue,,there is currently use of a striped shoulder. Campbell Planning Commission Minutes for November 12, 2019 Page 29 • Added that in Phase 1 of the BACSP, the City will be converting that striped shoulder into a bike lane at areas of conflict with a green bike lane as already seen currently in portions of Railway, Campbell Avenue and Bascom around Pruneyard. Commissioner Krey asked if the green bicycle lane is enough to alleviate concerns expressed by Commissioner Ching. Commissioner Ching said to him it feels inadequate. Commissioner Ostrowski: • Stated the importance of marking those high impact areas for bicycle safety. • Added that she appreciates that there will -be more and more bicycle markings. Commissioner Buchbinder recounted the he was on bike within a painted bike lane when he was struck by a vehicle. Commissioner Hines said there needs to be a better way to navigate through traffic. Commissioner Ching stated that this may be an incompatible use from where we are going with our General Plan, but it is compatible with our current zoning. Commissioner Buchbinder said he is not here serving as a Planning Commissioner to deal with socio-economic issues but also cannot act in a way that is complicit with moral evil. City Attorney William-Seligmann: • Clarified for the Commissioners that their role here is looking at the use of a site. It may not always be a Chick-Fil-A located there. • Continued that the Commissioners must look at the operation and not the operators involved. Commissioner Ching asked if future use of the site would still abide by the conditions of approval. Director Paul Kermoyan replied yes. Commissioner Ching suggested a straw vote by the Commission as the project stands with the addition of green bicycle conflict markings outside the entrance, inclusion o f a six-foot barrier to bock headlights beaming into the duplex across Arroyo Seco; and inclusion of a pedestrian access from Arroyo Seco. Planner Cindy McCormick: • Reminded that there is the standard revocation condition include that upon three verifiable complaints within a six-month period, this use could be brought back for review and/or revocation as appropriate. • Referred the Commission to the Use Permit Resolution, Condition 15 (Operational Standards), located on page 4 of 22 of the Conditions of Approval. Existing/Modified Campbell Planning Commission Minutes for November 12, 2019 Page 30 J 0 15-L — Applicant is asking for an exception to the imposed delivery hours between 6 to 8 a.m. Perhaps to 9 a.m. 0 15-M — Parking Management Plan — the applicant will be required to develop a Parking Management Plan (PMP) if there are excessive parking impacts. Additionally, all employees "shall park on site." 0 15-N — Noise — Add at the beginning, "The'volume of ordering speaker(s) is not to exceed 65 decibels as heard from the property line." New/Proposed/Added 0 15-V — Lights Poles — the light poles throughout the parking lot should be no taller than 10-feet tall. 0 15-W — Wall along Arroyo Seco — Increase the proposed screening wall to a six-foot height from the northeast corner drive-thru lane to the middle of the drive-thru lane along Arroyo Seco as well as some screening landscaping. STRAW POLL Commissioners in support: Ching, Hines, Krey & Rivlin Commissioners against: Buchbinder and Ostrowski Commissioner Buchbinder: • Predicted that this Commission- will regret allowing this drive-thru within six months after it opens. • Stated that his conscience won't allow him to support this use. • Reiterated that a drive-thru restaurant is not pedestrian -friendly. • Stressed the need to find a way to prevent this commercial traffic from going onto the adjacent residential streets. • Pointed out that the 2001 General Plan already pushes to try to encourage other than people driving alone in a vehicle. Commissioner Ostrowski: • Said that the current General Plan does specify that fast food restaurant uses are incompatible with residential uses. • Added that she finds there are significant flaws in the traffic analysis done for this project. • Stated that Chick-Fil-A generates a lot of traffic much like In-N-Out Burger. Director Paul Kermoyan • Cautioned Commissioner Ostrowski that her interpretation of that idea is misused here. • Clarified that that comment serves as an introduction to a Chapter. • Added that its intent is to provide a narrative and not to serve as either a Policy or a Strategy. • Said the that introduction goes on to explain how to do so but is not an outright prohibition of fast food restaurants near residential areas. Campbell Planning Commission Minutes for November 12, 2019 Page 31 Motion: Upon motion of Commissioner Krey, seconded by Commissioner Ching, the Planning Commission took the following actions: • Adopted Resolution No. 4548 adopting a Mitigated Negative Declaration; • Adopted Resolution No. 4549 approving a Conditional Use Permit with Site and Architectural Review (PLN2018-206) to allow construction of a new drive -through fast-food restaurant, associated site and landscaping improvements, as revised; and • Adopted Resolution No. 4550 approving a Tree Removal Permit. (PLN2018-207) to allow the removal of protected trees; on property located at 2060 S Bascom Avenue; by the following roll call vote: AYES: Ching, Hines, Krey and Rivlin NOES: Buchbinder and Ostrowski 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: ADJOURNMENT The Planning Commission meeting adjourned at 12:20 a.m. to the next Regular Planning Commission Meeting of November 26, 2019. SUBMITTED BY: Corinne Shinn, Recording Secretary APPROVED BY: ATTEST: