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PC Min - 12/10/2019CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY DECEMBER 10, 2019 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of December 10, 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: Commissioner: Staff Present: Community Development Director: Senior Planner: Senior Planner: Assistant Planner: City Attorney: Recording Secretary: APPROVAL OF MINUTES Andrew Rivlin Mike Krey Adam Buchbinder Nick Colvill Terry Hines Maggie Ostrowski Stuart Ching Paul Kermoyan Daniel Fama Cindy McCormick Naz Pouya Healy William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Krey, seconded by Commissioner Colvill, the Planning Commission minutes of the meeting of November 26, 2019, were approved as submitted. (5-0-1-1; Commissioner Ching was absent and Commissioner Ostrowski abstained she was absent from this meeting). Campbell Planning Commission Minutes for December 10, 2019 Page 2 COMMUNICATIONS Director Paul Kermoyan listed the following item(s): • Desk items — A staff memo together with copies of written correspondence received after the packet was distributed for Agenda Item 4 — 1700 Dell Avenue. This material was also forwarded by email to the members of the Commission as they were received by staff. AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS Ms. Joanne Carroll, Resident on Walnut Drive, Campbell: • Reported that her residential property is boarded by five other parcels including one behind that is 1374 Stevens Court (distributed a written letter with picture of the area that includes her home and those surrounding it). • Advised that she has problems with the house that is currently under construction on the adjacent parcel of 1374 Stevens Court that includes three huge windows facing her yard and home. • Stated that she received no public noticing about this proposed house being reviewed by the City and should have as an adjacent property owner. • Concluded that more noticing should be provided to neighbors in the future. Director Paul Kermoyan said staff would review the noticing that occurred for.this property at 1374 Stevens Court and get back to Ms. Carroll. Chair Rivlin thanked Ms. Carroll for her input. PUBLIC HEARINGS Chair Rivlin read Agenda Item No. 1 into the record as follows: 1. PLN2019-24 (Appeal of Public Hearing to consider the Appeal by Elise Sias of the TRP) Administrative denial of a Tree Removal Permit (PLN2019- 24) on property located at 31 Hardy ,Avenue. Staff , is recommending that this .item be deemed Categorically Exempt under CEQA. Planning Commission- action final unless appealed in writing to the City Clerk within 10 calendar days. . Project Planner: Naz Pouya Healy, Assistant Planner Ms. Naz Pouya Healy, Assistant Planner, provided the staff report. Campbell Planning Commission Minutes for December 10, 2019 Page 3 Chair Rivlin asked if there were any disclosures from the Commission. There were none. Chair Rivlin asked if there were questions for staff. Commissioner Buchbinder said that the appellant/applicant did more research and discovered more damage on their property. Planner Naz Healy: • Said that staff initially felt that the desired home addition could be reconfigured around the tree. • Reminded that the Planning Commission requested the applicant/appellant pay for a third -party arborist report about the tree. • Added that as a result, the provision of additional information about the tree made staff comfortable supporting the removal of this tree. Chair Rivlin sought clarification that only one of the available findings must be met. Planner Naz Healy replied correct. Chair Rivlin asked staff whether any of the other available findings could be found to be applicable in this request. Planner Naz Healy replied no but reiterated that the third -party arborist report supported the removal of this tree. Commissioner Colvill: • Referenced Attach 3-6 and pointed out that the applicant/appellants intent was just to remove the tree. • Added that it was down the line before these owners got to a point to propose their addition. • Questioned how the Commission and City could a sure that these owners actually build an addition. • Asked, "What if they don't"?" • Suggested continuing consideration of this request. Planner Naz Healy said that the economic hardship finding was initially found not to be applicable. However, the third -party arborist says damage is likely to occur. Commissioner Colvill clarified that the third -party arborist report moved the consideration of this tree removal from not being necessary to address to supporting its removal. He sought ways to ensure that the proposed addition to this home is actually done. Planner Naz Pouya said that the arborist report supports the structure damage finding. Commissioner Colvill said confirmed with staff that there would be no further discussion of the home addition or further action on the Commission's part. Campbell Planning Commission Minutes for December 10, 2019 Page 4 Planner Naz Healy replied correct. The appellants can choose to build their addition or not. Chair Rivlin opened the Public Hearing for Agenda Item No. 1. Ms. Elise Sias, Appellant/Property Owner: • Reported that their addition plans have already been submitted to Building. • Added that they are now just waiting for this decision on their requested Tree Removal Permit. • Assured that they would construct their home. Commissioner Colvill thanked Ms. Sias for that clarification. Chair Rivlin asked Ms. Sias if she is still living in her home and if it was safe. Ms. Elise Sias replied yes. - Chair Rivlin asked if the pluming was still an issue. Ms. Elise Sias replied yes, monthly. Chair Rivlin closed the Public Hearing for Agenda Item No. 1. Commissioner Buchbinder said it sounds like originally there was not a good reason to support this tree removal. Now it appears that there is no reason not to support it. Commissioner Ostrowski: • Thanked Ms. Sias for providing the additional information requested by the Commission at the last meeting on this request. • Added that additional information was needed to support the removal of this tree. • Concluded that she is in support of this request at this time. Commissioner Hines: • Stated he feels the same. • Pointed out that this tree is in the middle of their back door and should be gone so these owners can use their property as they want. Commissioner Colvill said he too supports the removal of this tree. He asked if there would be any further discussion on the issue of the plumbing relocation. Commissioner Krey said he's glad that the third -party arborist report was provided. He asked what is intended in regards of the plumbing. Chair Rivlin: • Said that whatever the decision is on the possible relocation of pluming it would be the applicant's decision to make not the Planning Commission's. Campbell Planning Commission Minutes for December 10, 2019 Page 5 • Admitted that he is disappointed that this tree has to go. That loss is upsetting. This is an iconic tree to the City. • Asked for a motion. Motion: Upon motion of Commissioner Krey, seconded by Commissioner Hines, the Planning Commission adopted Resolution No. 4552 APPROVING the appeal and OVERTURNING the Administrative Denial of a Tree Removal Permit (PLN2019-24) to allow the removal of one Redwood tree located in the rear yard of property located at 31 Hardy Avenue, by the following roll call vote: AYES: Buchbinder, Colvill, Hines, Krey and Ostrowski NOES: Rivlin ABSENT: Ching ABSTAIN: None Chair Rivlin advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Chair Rivlin read Agenda Item No. 2 into the record as follows: 2. PLN2019-176 (V) Public Hearing to consider the application of Nandini Bhattacharya and Buddhadeb Basu for a Variance (PLN2019-176) to allow a reduced side -yard setback to legalize an unpermitted accessory dwelling unit (ADU) on property located at 309 Redding Road. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Senior Planner Mr. Daniel Fama, Senior Planner, provided the staff report. Chair Rivlin asked if there were questions for staff. Commissioner Krey: • Said it seems the ADU was constructed in the 80's to 90's. • Pointed out that these current (new) owners purchased this property in 2013. • Stated that he can see their frustration. • Asked if there's not some form of "Statute of Limitations?" City Attorney William Seligmann said that within the area of land use, the statute of limitations renews daily. There is no statute of limitations. Commissioner Ostrowski asked if this ADU that is located behind the garage also means that the garage setback is also reduced. Campbell Planning Commission Minutes for December 10, 2019 Page 6 Planner Daniel Fama: • Advised that if the garage was originally legal when constructed than converting that garage into an ADU would be easy. • Advised that the expansion (ADU portion) of the garage has been illegal/unpermitted from the time it was built. • Concluded that there is no way to legalize it. Chair Rivlin asked if any part of the garage is in use. Planner Daniel Fama replied yes. Commissioner Buchbinder asked whether these owners would be required to tear down their ADU if this Variance is denied. Planner Daniel Fama said that approximately four feet of the structure would have to be removed/reduced to create the required setback distance. Commissioner Buchbinder asked if such a reduction to an existing structure is even possible. Planner Daniel Fama said structurally the answer is yes but financially possibly not. Chair Rivlin opened the Public Hearing for Agenda Item No. 2. Ms. Nandini Bhattacharya, Appellant and Property Owner: • Introduced her husband, Mr. Buddhadeb Basu, who is with her this evening as are their young twins. • Advised that this ADU is the space her parents stay in whenever they come to visit from India. This is where their children play and where we pray. • Stated that the existing garage will stay. The structure has received approval from Fire, Sanitation and Building. It is currently stuck in Planning, which is why they are her requesting a Variance to allow a reduced left side setback by just 1 '/2 feet. Mr. Buddhadeb Basu, Appellant and Property Owner: • Recounted that at the time of decision as to whether or not to buy this home, they are desperate. They had made 40 other offers without success. • Advised that his wife really wanted to live in Campbell. Their first apartment after they married was in Campbell. They want to raise their kids in Campbell. • Added that they appreciate having a larger backyard. • Admitted that the MLS listing for this home disclosed/advised of this illegal unit. • Reported that the kitchen wall would have to be removed and then relocated inward within the ADU. • Reported that they have spent a "pot of money" into this house. This house/ADU is well built and architecturally matched to the main house. • Said that they use it for visitors and/or during festivals and parties. Campbell Planning Commission Minutes for December 10, 2019 Page 7 • Explained that they did a permit search and found that this home was built in the 1940's. The land was split into two lots. • Stated that this is our home and it would be a real hardship to reduce this ADU by 1 Y2 feet. Commissioner Colvill: • Reiterated that this house was built in the 1940's. • Added that the lot was split in the 1970's. • Asked whether the garage was considered legal at the time of the lot split. Planner Daniel Fama: • Replied that it depends on whether it was constructed under County jurisdiction rather than as a part of Campbell. • Added that this property came into Campbell in the 1980's. • Stated that when lots are divided, they cannot result in non-conformance with existing standards. • Said that any non-conformance must be addressed prior to subdivision. • Stated that if not related to subdivision area, it could remain legal non -conforming. Commissioner Colvill: • Stated that he has respect and support for Mr. Buddhadeb Basu as he battles with cancer. • Advised that the Commission looks at things carefully and enforces Code. -We are a tool to ensure structures are conforming. • Added that this structure does not conform. • Stated that this is an objective matter. This large unit that is non -conforming. • . Pointed out that the owners could make a lot of money renting this unit out, but it would not be right to do so (rent a' non -conforming structure). • Admitted that it is hard to deal with the economic hardship claim to justify allowing that non -conforming structure.to stay. Commissioner Buchbinder questioned the setback non-conformance. The appellants say it is 1 % feet while staff says it is 10 inches. Planner Daniel Fama clarified that the plans show an existing 10-inch setback as measured by the architect. They must comply was the minimum four -foot setback standard. Commissioner Buchbinder sought clarification that no one was living in that unit. Mr. Buddhadeb Basu said that when their parents visit, they stay there. Commissioner Buchbinder asked Mr. Buddhadeb Basu what happens if their appeal fails. Mr. Buddhadeb Basu said that their next step would be to see what they can do. Ms. Nandini Bhattacharya: Campbell Planning Commission Minutes for December 10, 2019 Page 8 • Declared that they hadn't thought of that (what they would 'do if their appeal was denied). • Added that this ADU is nothing less than perfect. Nothing about it is unsafe. • Reminded that if all other conditions are met, it's only just one side of wall that is not within legal setback. • Admitted that she doesn't know what will happen. Mr. Buddhadeb Basu said that the garage is just 24-feet from the unit .Chair Rivlin: • Said that's what Code requires. • Stated that while he understands the appellants' situation, this is a clear-cut process within Code. Commissioner Buchbinder asked what was on the other side of the ADU. Mr. Buddhadeb Basu replied there is a structure, a shed there. Commissioner Buchbinder asked Mr. Buddhadeb Basu if it might be possible for them to purchase a portion of the neighbor's property on that side to achieve the required setback. Mr. Buddhadeb Basu replied that he was not sure if that would be possible. He hasn't spoken to that neighbor and that neighbor would have to move the shed if that were to occur. v Commissioner Buchbinder asked staff if that option might solve this setback problem. Planner Daniel Fama said that lot adjustment would require the neighboring lot to be wide enough to be narrowed while staying within conforming lot size. Commissioner Ostrowski asked about the shed that's within the neighbor's setback. Planner Daniel Fama said that neighbor's shed seems to be on the property line, and he doesn't know if it's legal as placed. Under Campbell standards a five-foot setback is required for a shed. Commissioner Colvill asked if a correction would still. be required if this structure were just a garage without an ADU behind. Planner Daniel Fama said it could be extended, if it were just a garage, at the existing 10- inch setback. One option is the conversion of the ADU back into garage/storage space. Commissioner Colvill clarified that if these owners remove the livable unit and return/convert that space back into a part of the garage the space could stay as part of that garage. Campbell Planning Commission Minutes -for December 10, 2019 Page 9 Commissioner Ostrowski added there is a provision to extend a non -conforming garage along the same setback. Planner Daniel Fama said that is correct. This is not an extension of the original garage but rather is an extension of an ADU. Commissioner Ostrowski clarified with staff that' the difference between a "living" unit versus a workshop is a toilet. Planner Daniel Fama said it was inclusion of heating/cooling, kitchen and bathroom. A workshop cannot have a shower. Director Paul Kermoyan added that the ADU Ordinance deliberately set the setback requirement at four feet. That was a conscientious effort to establish that standard. Commissioner Buchbinder reminded"that the City wanted a larger setback than four -feet. Planner Daniel Fama said that's correct, but four -feet is what is required per State law. He added that the appellants could remove the kitchen and maintain the space for storage. Commissioner Krey asked Mr. Buddhadeb Basu if it is true that it would cost about $150,000 to reduce this ADU to achieve the required setback distance. Mr. Buddhadeb Basu replied yes. There are many things to move including gas line and plumbing. Commissioner Krey asked Mr. Buddhadeb Basu if removing the kitchen is possible as they see it. Ms. Nandini Bhattacharya asked whether once the unit is converted back into a garage it could then be converted from garage into ADU. Planner Daniel Fama replied that the provisions of the ADU Ordinance are backdated so as not to allow that to occur. Commissioner Buchbinder asked staff if this unit is considered to be between 20 and 30 years old. Planner Daniel Fama said in looking at old aerials it seems to have been there for quite some time. Commissioner Ostrowski said the interior looks recently done. Ms. Nandini Bhattacharya said it was updated just prior to her purchase of the property. Chair Rivlin asked if the appellants had spoken with the contractor that did the work. Campbell Planning Commission Minutes for December 10, 2019 1 Page 10 Ms. Nandini Bhattacharya replied yes. She said she asked what was there before, but they were not willing to offer any information. Ms. Ellen Dorsa, Resident on Walnut Drive: • Declared that this ADU was there when they bought the property. • Asked why the City didn't un-permit it. • Stated that these owners are not the ones who did this. • Concluded, "Let them have it." Ms. Maggie Desmond, Campbell Resident: • Said that she doesn't know these owners. • Stated, "We need to find a loophole! This is their home!" Mr. Raja Pallela, Resident on W. Hacienda: • Stated that State law says there can be no minimum setback standard for an ADU. • Reminded that this structure has existed for 25 or more years. • Added that it could have started out as a workshop and more recently converted. Chair Rivlin closed the Public Hearing for Agenda Item No. 2. Commissioner Colvill: • Said that this is a tricky situation but still is quite clear. • Advised that he agrees with staff that we cannot allow something when it impacts on neighbors. • Pointed out that it appears the neighbor has a non -conforming shed. • Stated that we have a complaint about this ADU but not the shed. • Reminded that the appellants bought this property well aware that this could happen. • Admitted that he is surprised that Ms. Nandini Bhattacharya hadn't contemplated what they might do if they need to remove the ADU from the setback area. • Reiterated that this ADU must comply with Code and he sides with staff on that. Commissioner Hines: • Said that he too is torn about this. • Added that he doesn't like to see too many exceptions to the Code that the Commission is obliged to follow. • Asked the appellants to work with staff to meet codes and still have a livable living space. Commissioner Ostrowski: • Said that there are nuisances to Code. • Agreed that what is in place does not meet current Code. • Pointed out that there seems to be a "grey area" as this garage was built in the 40's with a 10-inch setback. Per current Code they would be allowed to extend that original garage and be following Code as a non -compliant structure. • Stated that garage seems to have been extended in the 80's but possibly as a shop and not originally as an ADU. Campbell Planning Commission Minutes for December 10, 2019 Page 11 • Added that later (approximately 10 years ago or so) converted the space into an ADU. The current owners purchased the property in 2015. • Stated that converting a "shop" into an ADU is allowed per the new ADU Ordinance so this may well be conforming. • Reminded that part of the Commission's evaluation of a project includes environmental impacts, land use and even housing shortages. • Added that the proposed removal of three feet of an existing wall of this ADU is not very environmentally friendly path of conforming this structure. That should be considered. Commissioner Hines: • Stated that Code would allow it had it been a garage or workshop that had been added to in steps in a progression overtime. • Said that State laws and City codes have also been added on- under that progression. Commissioner Colvill questioned how anyone can factually say that this living unit was created in steps from a workshop. Commissioner Ostrowski asked staff to respond. Commissioner Colvill also asked staff to respond. Planner Daniel Fama: • Reported that a permit for this ADU is currently under review in Building but is delayed. • Said that City staff had encouraged these owners to continue their efforts to find any County building permits that could establish the legality of this structure as it stands. • Advised that those permits were not found. Director Paul Kermoyan: • Said that he understands that this is the home for a young family. • Admitted that the conversation amongst the Commission is somewhat confusing to staff given that together we all went through a lot of work in creating these ADU standards and are now being told they are wrong. • Stated that together we deliberately set these standards and settled on a minimum of a four -foot setback which is the maximum -minimum setback per State mandate. • Reminded that we could have set a zero -minimum setback. Again, these comments this evening are confusing. • Informed that it is via State Law that mandatory findings must be met to allow for a Variance. • Agreed that this is an unusual situation but there are ways that these owners can meet setbacks while keeping their ADU. • Reiterated that they purchased their home with full knowledge of the unpermitted living unit that was disclosed. • Advised that the City does not conduct property inspections at time of real estate sale of a home from one owner to a new owner. Campbell Planning Commission Minutes for December 10, 2019 Page 12 Commissioner Ostrowski: • Said that the new ADU Ordinance was well done. We all did a nice job. • Added that this new ADU Ordinance is going to be a big benefit to property owners as well as to potential renters of ADUs as more are constructed. • Stated that this particular situation goes so far back in time. Commissioner Hines said that the Commission is not questioning the validity of the ADU Ordinance on future structures but perhaps the case can be made on existing structures. Commissioner Colvill: • Said that the owners' efforts to find permits have reached a dead end. • Reminded that these owners had contacted the previous owners and was told by them that this ADU was unpermitted space. • Pointed out that having an ADU is much more popular today that it used to be. • Opined that there are way too many crazy units out there. Commissioner Buchbinder: • Said that if we don't conform there would be limited potential for 80's era structures being legalized. • Stated there is a difference when permitting for a new ADU structure versus requiring existing structures to be taken down or physically being reduced in size. • Reminded that there is a housing crisis in this area. • Pointed out that this ADU appears to conform in all way except for this one setback. • Asked if there is the possibility to consider some form of amnesty for existing unpermitted ADUs. Commissioner Hines: • Suggested a motion being made. • Referred to Finding 7 and said he is looking at not requiring the tear down of this one. Rather, he is looking that this structure not be counted as converted in today's realm but rather as something constructed 30 years ago and unpermitted when constructed. • Suggested the Commission build its resolution around this being a converted structure. Planner Daniel Fama advised that staff has drafted a resolution for denial. To approve the retention of this ADU; it would need to be continued to January to allow staff the time to craft a resolution for approval. Commissioner Krey asked staff how many illegal ADUs there are in Campbell. Planner Daniel Fama: • Replied there are high number of illegal living units in Campbell. • Added that the City finds out about them via Code Enforcement complaints from a member of the community. • Added that the Code Enforcement Officer, together with a Building Inspector, works with the owner resolve illegal units. Campbell Planning Commission Minutes for, December 10, 2019 Page 13 • Advised that with the newly adopted ADU Ordinance, many would of the existing unpermitted ADUs may now be able to be converted legally. Commissioner Krey: • Stated that setbacks are very important. • Agreed that we all spent a lot of time developing our ADU standards. • Reminded that these owners bought a property with a disclosed unpermitted second unit. • Cautioned that a situation like this one could come up again. • Concluded that he is against approving a Variance. Chair Rivlin: • Reminded that the findings provided don't support this Variance. • Said that while he supports this Campbell Resident, their ADU doesn't meet the Code. • Reiterated that these owners purchased their home with full knowledge of its unpermitted ADU. Planner Daniel Fama: • Said that staff worked with the applicants in searching for permit history and suggested the go to the County Assessor's Office to obtain a personal property record that is only released to the property owner. • Advised that their personal property record indicated a 24-foot deep garage. The added ADU area was not permitted. Chair Rivlin asked if the structure could remain if it was made part of the garage. If not, what must occur. Planner Daniel Fama: • Stated that if the Commission does not allow the ADU to remain via a Variance the property owners could appeal that action to the City Council. • Added, that they could also cut back the portion of the ADU that falls within the required setback. • Said that they could choose to remove the ADU. • Concluded that if none of those options are taken, the City would be forced to continue with its Code Enforcement efforts that could include daily fines until the matter is resolved and the code case can be closed. Commissioner Ostrowski asked if it is possible to get a non -permitted building permitted. She asked the difference between the issue of it being non -permitted and having an inadequate setback. Chair Rivlin suggested that they keep everything except for removal of the kitchen and bath that makes it a living unit. Planner Daniel Fama said that there must be opening left between a storage area and the rest of the garage it is a part of. That requirement is intended to discourage use of a part Campbell Planning Commission Minutes for December 10, 2019 Page 14 of the garage as living space. A garage may have limited plumbing of no more than two fixtures to make it hard to illegally convert a garage into and ADU. Commissioner Buchbinder asked if it is possible to extend the property line. Planner Daniel Fama replied, no, they were unable to. get the information. Chair Rivlin said that there is enough evidence this ADU is not legal. He suggested a continuance and asked Planner Daniel Fama to outline the alternatives again. Planner Daniel Fama listed the three options as 1) appeal to Council; 2) convert the ADU back into a workshop/garage storage with permits; or 3) to remove a portion of the building to achieve the required setback. Director Paul Kermoyan: Offered a new suggestion that these owners build a new wall at the required setback distance but within the ADU itself and relocate their ADU's kitchen to that new interior wall. The four -foot area created inside and up to the setback wall could then be connected to the garage and not the ADU and. used for storage. Commissioner Hines proposed approving the Variance request using Finding 7. Chair Rivlin suggested a continuance to a date uncertain. Commissioner Colvill said the Commission is here to bring closure and he would make a motion to deny the Variance. Motion: Upon motion of Commissioner Colvill, seconded by Commissioner Krey, the Planning Commission recommended denial of a Variance to allow the retention of an unpermitted ADU (Accessory Dwelling Unit) on property located at 309 Redding Road, by the following roll call vote: AYES: Colvill, Krey and Rivlin NOES: Buchbinder, Hines and Ostrowski ABSENT: Ching ABSTAIN: None This motion failed without a majority. Director Paul Kermoyan advised that this vote is a denial/non-decision. City Attorney William Seligmann said that the Commission could continue consideration of this item to a meeting where all seven Commissioners can be present to see if the non - decision tie -vote can be broken. Commissioner Hines suggested allowing the Variance using Finding 7 exception stating that this is not an expansion but rather a conversion of a structure that done progressively over many years. Campbell Planning Commission Minutes for December 10, 2019 Page 15 Chair Rivlin asked if this is even legal. City Attorney William Seligmann said there is an issue with the narrowness of the lot, and he is not sure exactly how Commissioner Hines wants to use Finding 7 since this space was never permitted. We can't just go back in time to make it lawful. Director Paul Kermoyan: • Clarified that Findings 1 through 10 are evidentiary findings. The Commission must also make the Variance findings that include the finding there is something unusual with the property that limits them from doing what others with similar property can do. • Cautioned that if that finding is used other people will take advantage of this decision as representing a precedent. • Added that if that is the case, there is a problem with the Code. Chair Rivlin stated that all five of the Variance findings must be found true. City Attorney William Seligmann again suggested a continuance to bring this matter back. Motion: Upon motion of Commissioner Hines, seconded by Commissioner Ostrowski, the Planning Commission recommended APPROVAL of a Variance to allow the retention of an unpermitted ADU (Accessory Dwelling Unit) on property located at 309 Redding Road, with the following proposed findings: 1. The existing ADU unit has to be modified; 2. The ADU is not considered to be a new build but rather one that has been modified over time and was built before the 1980's; and 3. Allowing the retention of this ADU will not represent a special privilege as this is a pre-existing structure built before Codes, by the following roll call vote: AYES: Buchbinder, Hines and Ostrowski NOES: Colvill, Krey and Rivlin ABSENT: Ching ABSTAIN: None This motion failed without a majority. Chair Rivlin said this matter has now failed twice. Director Paul Kermoyan suggested this matter be continued to a meeting date uncertain at which time all seven Commissioners are present and can deliberate until a majority vote is achieved. He said that in the meantime staff would continue to work with the appellants/property owners. Campbell Planning Commission Minutes for December 10, 2019 Page 16 Motion: Upon motion of Commissioner Ostrowski, seconded by Commissioner Buchbinder, the Planning Commission CONTINUED TO A DATE UNCERTAIN, the consideration of a Variance to allow the retention of an unpermitted ADU (Accessory Dwelling Unit) with a substandard side setback on property located at 309 Redding Road, to allow the participation of the full seven -member Planning Commission in order to reach a majority vote on this item, by the following roll call vote: AYES: Buchbinder, Hines Krey Ostrowski and Rivlin NOES: Colvill ABSENT: Ching ABSTAIN: None Chair Rivlin advised that this item would return to a future Planning Commission meeting where all seven Commissioners are in attendance in order to deliberate further and then propose a motion that can pass with a majority vote. Chair Rivlin called for a brief break at 9:15 p.m. Chair Rivlin reconvened the meeting at 9:20 p.m. Chair Rivlin asked if there were any disclosures. Commissioner Krey said that as he has previously recused for projects on this street since he has a good friend living on the street and has discussed the area with that friend. Commissioner Krey then left the dais and chamber before Item 3 began. Chair Rivlin read Agenda Item No. 3 into the record as follows: 3. PLN2019-221 (M) Public Hearing to consider the application of Alison Love for Modification (PLN2019-221) of a previously approved Site and Architectural Review Permit (PLN2018-198) for a new two- story home on property on property located at 1384 Munro Avenue. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Cindy McCormick, Senior Planner Ms. Cindy McCormick, Senior Planner, provided the staff report. Director Paul Kermoyan: • Said that a request such as this one is typically handled at staff level. However, he decided that instead of an Administrative decision, he would bring this to the Commission. Campbell Planning Commission Minutes for December 10, 2019 Page 17 • Reminded that the Commission had spent a lot of time discussing materials for this home and these proposed changes went beyond those typically handled administratively. Chair Rivlin asked staff about the windows he sees on the new elevation that were not a part of the original. Planner Cindy McCormick said that these two small windows have a high sill so represent a modest change that could have been approved at staff level, if those were the only changes. Chair Rivlin opened the Public Hearing for Agenda Item No. 3. Daniel Warren, Project Designer: • Said he was available for any questions. • Advised that the swap of materials from the original approval are made for maintenance purposes. The owners want a home that is as low -maintenance as possible. Commissioner Colvill said he appreciates Mr. Warren for building beautiful homes in Campbell and thanked him for that. Chair Rivlin closed the Public Hearing for Agenda Item No. 3. Commissioner Buchbinder said that these changes are well thought out. He added that he appreciates the fact that staff brought it back to the Commission for its review and consideration. It looks good. Motion: Upon motion of Commissioner Hines, seconded by Commissioner Colvill, the Planning Commission adopted Resolution No. 4553 approving a Modification (PLN2019-221) of a previously approved Site and Architectural Review Permit (PLN2018-198) for a new two- story home on property on property located at 1384 Munro Avenue, subject to the revised plans dated December 9, 2019, by the following roll call vote: AYES: Buchbinder, Colvill, Hines, Ostrowski and Rivlin NOES: None ABSENT: Ching ABSTAIN: Krey 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. Campbell Planning Commission Minutes for December 10, 2019 Page 18 Commissioner Hines advised he had a 30-minute conversation with the developer discussing this project. Commissioner Rivlin said he too had a 15-minute phone conversation with the developer as well as another call with a representative from the Audubon Society. Commissioner Ostrowski she had discussed the project with the applicant before the first meeting on this item as she had previously disclosed. Chair Rivlin read Agenda Item No. 4 into the record as follows: 4. PLN2017-381 (PD) Public Hearing to consider the application of Dollinger PLN2018-148 (EIR) Properties for Zoning Map Amendment,' Planned Development Permit, and Tree Removal Permit (PLN2017- 381), and Final Environmental Impact Report (PLN2018- 148) to allow construction of a 161,870-square-foot four- story office building, a 146,478-square-foot five -story parking garage (with one level of underground parking), additional surface parking, and on -site open space on property located at 1700 Dell Avenue. Tentative City Council Meeting Date: January 21, 2020. 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 Buchbinder asked what Council rejected to in the DAAP. Planner Cindy McCormick said that occurred about five years ago, prior to her joining the staff, so she would defer to Director Kermoyan. Director Kermoyan: • Said that was not a. recent action. • Advised that a former Community Development Director 'and the Economic Development Advisory Committee proposed the preparation of an area plan for the Dell Avenue area, known as the DAAP (Dell Avenue Area Plan). • Reminded that the General Plan offers the broad vision of how neighborhoods should be intensified. • Added that the Zoning Ordinance implements that vision by zone. • Stated that an Area Plan for the Dell Avenue area would change the General Plan to allow greater density and establish specific development standards that are comprehensive and inter -connected. • Said that the FAR was originally 1.5 and alternatively was reduced to .75. • Stated that it was determined that the DAAP would have created all kinds of impacts and Council felt there was a lot of conflict with neighborhood opposition and what the City was trying to do. • Advised that the Council elected to instead concentrate on the General Plan update. Campbell Planning Commission Minutes for December 10, 2019 Page 19 Commissioner Buchbinder said that staff recommended no projects until a comprehensive plan for the area can be completed. Director Paul Kermoyan: • Said that staff wants to see a complete plan for this area of Dell Avenue including the perc ponds and see all parties work together to achieve a cohesive area. • Added that piecemeal development doesn't work out. • Concluded that most such areas as Dell have area plans. Planner Cindy McCormick said that staff is not recommending that no development occur on this site but rather that development should be consistent with the current zoning, which in this case is C-M (Controlled Manufacturing). " Director Paul Kermoyan added that it should also be more efficiently designed. Commissioner Krey asked for verification that there is currently no comprehensive effort for a plan for this area. Director Paul Kermoyan said that the General Plan is the comprehensive plan. He reiterated that we should not go down the road of a piecemeal development of this area. Commissioner Krey asked what the proposed setback is between this proposed building and the adjacent Los Gatos Creek Trail. Planner Cindy McCormick said that the proposed setback complies with current setbacks as required. Chair Rivlin said that he was already on the Planning Commission when a Study Session was held on this project at 1700 Dell Avenue. Was that input not shared with this application? Planner Cindy McCormick said that staff has been very clear from the beginning and therefore it should not come as a shock to them. Commissioner Colvill: • Said that the site, is currently zoned C-M (Controlled Manufacturing) and would support the type of structure that they want to create except for their overall proposed FAR and size of building. • Added that the only way to achieve this project as they want it to be is to have the P-D (Planned Development) zoning applied. • Asked if this assumption is correct. Planner Cindy McCormick: • Said that the applicant is here to provide their own presentation and economic analysis to support their proposed size for this building. • Added that staff is saying that this project is too large and too tall and is inconsistent with the Dell area. Campbell Planning Commission Minutes for December 10, 2019 Page 20 Director Paul Kermoyan: • Added that the P-D Zoning serves as a mechanism for them to achieve what they want to do. • Stated that it is a perfectly acceptable way to request their project. • Reiterated that looking at these projects along Dell Avenue on a case -by -case basis is contrary to having a unified development plan — an area plan. • Said that environmental impacts were the big problem that derailed the DAAP. Commissioner Colvill said he would not prohibit this building except for its size and design. He would support what is allowed under the current C-M Zoning. Commissioner Hines said that seven options were reference. Where are those seven options. Director Paul Kermoyan: • Advised that the seven options are included on Appendix E. • Reported that the General Plan anticipates what build out would be. • Stated that work began on the EIR (Environmental Impact Report) to analyze any environmental impacts derived with maximum build out. That work was done. Planner Cindy McCormick said that findings for this proposal are very difficult to. make. Chair Rivlin opened the Public Hearing for Agenda Item No. 4. Scott Akhern, Representing Dollinger Properties (owners of 1700 Dell Ave): • Said that they are bringing the future to Campbell. • Stated his intent to attract high-tech high income to Campbell. • Pointed out that their building would only be 60 feet high while staff is saying 75 feet. Their architect will clarify that, and his land -use attorney is also present for questions. Cliff Chang, Project Architect: • Thanked the Commission for having them here today. • Provided a PowerPoint slide of the project site plan that overlays what they are proposing over what is existing on this site. • Said that their new building would be setback more than the existing building is set back from the Creek Trail. • Said he would define this street as a good walkable street. • Added that their proposed parking structure is situated at the back and far from the street. • Reported that they will be providing a public -access park space on their site that will include seating and trees. • Stated that since their initial submittal there have been approximately 12 revisions. The recently increased the green space (landscaping) in the front of the site. • Added that there are existing Cypress trees that they will retain at the front that are all about 70 feet tall and will partially obscure their building as seen from the street. There are also trees at the border with the Creek Trail that will also be retained. Campbell Planning Commission Minutes for December 10, 2019 Page 21 • Compared the existing building that is three -stories while theirs is four -stories. Their original submittal was for a five -story building scheme at 200,000 square feet. • Stated that since they have reduced the height, size and materials. The current design represents a good collaborative effort. • Reported that they have integrated the use of brick on the first two stories as well as corrugated -perforated metal (Core 10) that rusts lightly and then long-term retains its natural appearance. Wood paneling completes the palette and blending of materials. • Said that their whole building is at 60 feet to the roof except for one side that has an approximately 15-foot high parapet to serve as a roof screen and would not be seen from Dell Avenue. • Advised that their parking structure is proposed at -five -stories and its design integrates with the office building quite well. • Concluded that he is available for any questions about the project architectural design. Sean Marciniak, Land Use Attorney for Dollinger Properties, Walnut Creek: • Stated that he is a Land Use Attorney. • Advised that the Dollinger project is consistent with the City of Campbell's General Plan. . • Reported that the project team was shocked when they saw the staff report for this meeting indicated that their project was not consistent. • Opined that having the City suggest that they work with the property owners of other Dell Avenue parcels on developing a cohesive plan for Dell Avenue is a City Planning job not theirs: • Informed that Dollinger has been waiting for five years now and haven't seen anything as far as area plan for Dell. • Suggested that precedent already sets larger projects for larger properties. There are not many large properties in this area. • Rhetorically asked if P-D (Planned Development) Zoning is inappropriate here? Answered that per his count there are 1,600 properties in Campbell with P-D Zoning. • Stated that findings to support can be made. There is no reason to continue this hearing. Scott Akhern, Dollinger Properties: • Stated that they are exited to bring this project to Campbell. They plan to invest $80 million in,it. • Reported that during the SARC meeting, the two Commissioners asked what economic impact this project could have for Campbell. • Said that his answer is that it will create at least $40 million in tax revenue for the City of Campbell. It will also result in job creation that will provide jobs for 3,100 people. • Added that this project will provide an opportunity to attract high-tech, high -income users and employees to the community. • Reminded that the building currently on this property is vacant. • Said that this developer/property owner are willing and able to build a Class -A building for Campbell.. • Questioned whether they would have to wait 'the creation and adoption of an Area Plan for Dell Avenue? That might not happen for one or two more decades. • Reiterated that they are excited to be here and are available for questions. Campbell Planning Commission Minutes for December 10, 2019 Page 22 • Assured that they want to work with the Planning Commission and City staff. At this point the only issues are the proposed height and FAR. Everything else meets and/or exceeds the current Code. • Added that they plan to plant two or three times the required trees on this property. • Thanked the Commission for their time and said he looks forward to hearing the public comments this evening. Chair Rivlin thanked Mr. Akhern for sharing his vision. He asked if there are any Commissioner questions for Mr. Akhern. Commissioner Buchbinder asked Mr. Scott Akhern whether he has a tenant lined up for this building. Mr. Scott Akhern: • Replied that he has three potential high-tech tenants, but he cannot specifically disclose which ones at this stage. • Assured that they are well known and recognized companies. • Reported that Dollinger will both build and maintain this building and property for many years to come. They have already owned it for four plus years. Commissioner Krey asked Mr. Akhern whether it is an option for them at all if the City askes them to reduce their proposed building by one floor/story. Mr. Scott Akhern: • Replied not at this time. • Reported that they had a tenant lined up, he cannot say who, but lost that tenant. • Stated that what they need is a building with 160,000 square feet of space. Commissioner Colvill asked Mr. Akhern why he wants to change the zoning from C-M to P-D. He said that the current zoning works. Mr. Scott Akhern said that at a Study Session with the City Council it was recommended that we go with the P-D route. Commissioner Hines asked Mr. Akhern if he had considered purchasing adjacent properties in order to add to their footprint. Mr. Scott Akhern: • Replied that they haven't investigated purchasing adjacent sites in order to expand their project. • Added that as it is it has taken them too long to get to you (the Planning Commission) tonight. It's taken about three years. Chair Rivlin: • Said that he has served on this Commission for three years now and sat through a Study Session on this project. • Stated his appreciation for the levels they have gone through. Campbell Planning Commission Minutes for December 10, 2019 Page 23 • Pointed out that staff's direction is that this project wont work. • Asked Mr. Akhern if he would reconsider keeping to the existing C-M zoning and standards. What's his perspective on that? Mr. Scott Akhern: • Stated that it would not make sense to tear down a building and rebuild a smaller building on the site. • Added that they build to market. That's why they are asking for a larger building. • Said that while staff has said they wouldn't support our project, we are encouraged by others that there's a path. It will be difficult to do as we are the first to do it. Chair Rivlin said he appreciated Mr. Akhern's vision. Joanne Carroll, Resident on Walnut Drive: • Said that this applicant says their project is 60 feet high but it's 75 feet high. • Stated that this is a sensitive area. It is a riparian corridor and adjacent to the Los Gatos Creek Trail. • Added that it's accessed via a two-lane road that's also curved. • Declared that staff makes recommendations to approve projects not in compliance. • Stated that once approved, it becomes the new standard. • Called for a reduction in the proposed building height. • Pointed out that the Final EIR for this project is 700 pages long. • Complained that questions they had submitted were not addressed in the EIR. Mr. Fionn Ruder, Resident on Michael Drive: • Stated that he is a two-year resident of Campbell and works in construction. • Advised that he is in full support of this project as it will create good union construction jobs. • Reporting that he is currently commuting to Sunnyvale, which is a one hour drive each way. • Said that this project will bring new business to the area. • Suggested that the City not spend time on an area plan for Dell Avenue when this is an opportunity to enhance the Creek Trail and this part of town. Ellen Dorsa, Resident on Walnut Drive: • Said that the applicant has come up with a great remodel from their original design. • Said that nothing was addressed in the EIR in terms of the aquifer. • Stated her concerns about size and weight of this building so close to the Creek Trail. She is super concerned. Jose F. Mexicano, Union Member, NCDCLIU: • Urged this project be forwarded. • Added he is here together with a few of other union members. Alejandro Martinez, Union Member, NCDCLIU: • Informed that he is a local resident and five-year union member. • Stated that this project will bring well -paying jobs with benefits to this area. Campbell Planning Commission Minutes for December 10, 2019 Page 24 • Added that such good wages with benefits would allow him to provide for his family. • Said that local construction jobs would mean he could both live and work here. • Concluded that this project would be a benefit for this community. Mitchell Stermer, Resident on Walnut Drive: • Said he is a 13-year Campbell resident. • Thanked the Commission for their work. • Stated that this building doesn't meet the specifications. • Pointed out that earlier this evening a family was not allowed a Variance because their setback didn't meet standards. • Said that the applicant trying to engender a fear of missing out on something is "bull****, • Opined that this developer is trying to see you something. What they're selling is not money or jobs but rather traffic. • Asked the Commission to stick to their guns. Mike Wiblett, Resident on Marilyn Drive: • Told the Commission that this is the type of project that he would like to see. • Added that it is much like placing high -density housing on Railway. • Stated that this proposed building is beautiful for that area and change is not a bad thing. • Concluded that this project is a step in the right direction. Maggie Desmond, Campbell Resident: • Announced that she is opposed to this project as a 49-year resident of Campbell. • Stated that this developer failed to reduce the height. • Said that this project should be denied as it would open the door to intensification of the Dell area. • Opi.ned that the audience is more famili9ar with the DAAP than the Planning Commissioners and staff here now. • Said that the issues of circulation and traffic were not handled by the DAAP draft. • Pointed out that this project would result in the tallest building in this area. • Asked that they not be permitted to do so as it is important to be careful of this area. • Suggested that another developer would want this site if this one doesn't get what they want. • Stressed that the height is not acceptable. • Added that staff has worked for two years with Dollinger. • Asked the Commission to follow the staff report recommendation for denial. Mr. Dashell, Local Audubon Society Representative: • Said that he too is in strong support of the staff recommendation for denial as there should. be no spot zoning along the vulnerable Los Gatos Creek Trail. • Admitted that he was disappointed by the mitigation offered regarding native plants. They should be required. • Said this area should be evaluated for impacts via an Area Plan. Campbell Planning Commission Minutes for December 10, 2019 Page 25 Raja Pallela, Resident on W. Hacienda Avenue: • Stated that this project offers an opportunity to make this area better. • Said that right now Dell Avenue looks scary. He didn't feel safe walking there at all. • Pointed out that a beautiful building like this set's precedent for this area. It would look beautiful. • Added that with this building, good dining places would follow as well as other good buildings along Dell. • Opined that all ,the nice things are on the Los Gatos side and ugly things on the Campbell side. • Asked that the Commission not deny this project because it is too nice for this area. • Said that there is development everywhere and development is good. Ron Naymark, Dell Avenue Building Owner: • Reported that he is the owner of a building located across the street from this project site and has been for the last 48 years. • Said he knows this area well as he goes there every day. • Stated that this Dollinger project is something that any city should be thankful for in order to draw high tech people to the area. • Advised that over the last 25 years there has not been much change along Dell. • ' Said that when the building at 1700 Dell Avenue (project site) was constructed he was responsible for that construction in 1974/75. The City was progressive at that time with people like Ralph Doetsch and Rusty Hammer leading the City. • Pointed out that most of the buildings along Dell Avenue are concrete tilt -up structures that are there for decades. The owners are not going to change those buildings given the way things are in this area right now. • Stated that it is a bogus argument that smaller companies would be lost with the construction of this building. • Asked that the Commission reconsider and rethink in the real world. • Said that this area used to be nice but is currently heading down as nothing is being done there. • Said it is important to have the right buildings with the right people occupying them. Chair Rivlin closed the Public Hearing for Agenda Item No. 4. Commissioner Buchbinder: • Said that there are existing issues. This project is currently outside of the provisions of the General Plan and there is no area plan for Dell. • Reminded that the current General Plan is 20 years old now and work on its update have been ongoing for four years now. • Called it a failure on the part of the City to adopt a plan and then place this in our laps. Predecessors failed to create a plan for this area with ideas for mitigating traffic. • Said that broadly thinking, we should try to see how to make this work. • Recounted that he commutes 10-miles one way to work in Sunnyvale for his high-tech job. • Said we are on the edge of our mandate, but the General Plan gives us little to work with. ° Campbell Planning Commission Minutes for December 10, 2019 Page 26 Commissioner Ostrowski: • Agreed this is a difficult decision. • Stated that the building's design has gone a long way but still doesn't meet the underlying zoning for P-D (Planned Development) or C-M (Light Industrial). • Reminded that the P-D zoning is intended to offer small exceptions but not the drastic doubling of FAR. That goes contrary to zoning. • Said that there are no such high FAR and heights. • Cautioned that as a City we need to look at what to do with this area. • Reiterated that P-D zoning only offers very small changes to Zoning Codes. Commissioner Hines asked staff if offering a Variance is another option. How can this project be made to work with the General Plan? Planner Cindy McCormick: • Said that Dollinger chose the P-D route. • Stated that it is very difficult to approve a Variance. There are required State findings such as the site is a unique property. This parcel is flat so it's not unique compared to other properties. Another finding is that the Variance would not be granting a special privilege. That too is not met. Commissioner Hines asked staff what the FAR was for the recent Trojan Storage project on McGlincy. Planner Cindy McCormick said that the FAR for that project was high, but it was supportable due to the low traffic impact that would come with that use and site. Commissioner Hines: • Said he was very concerned about the Dell area. He has visited in many times in the last 10 to 12 years now and sees a lot of wildlife there. • Agreed that this area needs to bring in business, but it must also be the right type of business. Tech is one type that draws. • Added that he understands this building is being constructed on spec but there is a need for high-tech office space. There is also value in a building that size. • Suggested going for a continuance to get something that meets the requirements for business in that area. • Pointed out that most recently, many of the uses along this area have been fitness, which is not the intended use long term. This property is currently unused. • Stated that the economic gain having this building in Campbell is tremendous. • Said that we must come up with a way to make this work whether it be as a P-D development or via a Variance process. • Concluded that he would rely on staff to advise which process is better. Commissioner Colvill asked staff what type of project is allowed. Planner Cindy McCormick explained that if a proposed project conforms to the zoning and General Plan, staff generally recommends approval. Campbell Planning Commission Minutes for December 10, 2019 Page 27 Commissioner Colvill: • Referenced a letter from Sean Marciniak dated October 27, 2019 and commented to Mr. Marciniak in the audience that this Commission spends time on each item it considers. • Added that work on the General Plan Update (Envision Campbell) is currently underway. The DAAP (Dell Avenue Area Plan) was one idea but it was set aside. • Stated that allowing this project as proposed could lead to further requests for such large projects with extended heights and FAR. • Questioned how much of our town is developed by developers like Dollinger. He doesn't think they're an entity with limitless money. • Said that their project could be a great benefit with the right mitigations. • Clarified that he appreciates developers, but this is a problematic request that he has a hard time agreeing on. • Admitted that he is more comfortable with the C-M (Controlled Manufacturing) land use designation over P-D (Planned Development). He would recommend that. • Stated he has a hard time approving plans as they are but admitted that he also has not been on the Planning Commission long enough to understand how to articulate how he has come to his impressions about the project. • Said that we can't make everyone happy but should work together to get something approved. Commissioner Hines asked the proposed FAR. Planner Cindy McCormick replied 87 percent. Commissioner Hines asked if a Variance is proper. City Attorney William Seligmann advised the Commission that the C-M Zoning allows the Planning Commission the authority to increase the allowable FAR. There is still some flexibility that is up to the Commission to interpret. Planner Cindy McCormick said that the height would have to be brought down to a maximum of 45 feet. Chair Rivlin asked if that is excluding screens. Planner Cindy McCormick replied correct. Commissioner Hines asked about height. Planner Cindy McCormick advised that there is no discretion for height but is for FAR. Commissioner Krey: • Stated that this area is outdated as far as zoning and needs bigger projects there. • Admitted that the failure to approve the DAAP puts the onus on property owners, which is tough. Campbell Planning Commission Minutes for December 10, 2019 Page 28 • Said that this proposal offers great design and landscaping. The provision of a small public park area is a nice feature of this project. The developers are trying to work with the issue of bird safety.' , • Pointed out that the DAAP was drafted because a need was seen for it. However, in December 2018, the DAAP was dropped. • Added that while we don't "need" jobs it's certainly good to have them. • Pointed out that we can't get larger companies such as Google or Facebook here, but Dell Avenue is the place to get larger businesses and jobs closer to housing with high - paying jobs. • Stated that this proposed project is just too big. They should consider lopping off a floor and parking. • Said he would support a project with reduced floor and a maximum FAR of .63. With that it is going to be denser, but we don't have to give away the farm. • Declared that this project is too big and too high. Other than that, it checks most boxes for him. Chair Rivlin: • Explained that he joined the Planning Commission after the DAAP had already been shelved. • Stated that there is not the infrastructure in place along the Dell Area so it cannot accommodate a project this large. • Said that the applicant came in about 2 Y2 years ago. We had no DAAP to utilize due to a lack of political will of the Council. • Opined that the City needs a plan for the Dell Area. He doesn't want landowners to dictate what they build in this area. • Said this proposal doesn't conform to the neighborhood. We need a consistent approach for this area. • Expressed appreciation for the "Campbell" look and feel of the newest building design as provided by the Architect. • Suggested the developers perhaps building something meeting the essence of the Code as it stands today and, in the future, add modular pieces to the building thus helping us to embrace the future. • Said that he wants the applicant to bring their vision but right now it's too grand for what we're structured for today. Commissioner Hines: • Joked that he will have to get up about six hours from now for work. • Supported requiring this project to meet the C-M standards and not the current use of P-D standards. • Said he could support a maximum .83 FAR and not counting the maintenance screens as part of the maximum 60-foot height. Chair Rivlin reminded that the maximum height in C-M zoning is 45 feet. Planner Cindy McCormick reiterated that Code doesn't allow an increase in height except via a Variance. Campbell Planning Corrpmission Minutes for December 10, 2019 Page 29 Chair Rivlin said that C-M Zoning allows a maximum height of 45 feet. Commissioner Hines asked the heighf;of the parking garage. Planner Cindy McCormick said the garage height is compliant. Commissioner Hines suggested adding a floor or two to the garage. Planner Cindy McCormick said that would render the garage non -compliant. Commissioner Colvill: • Stated he would like a more objective list of what we'd like to see and give that to this applicant to help them come back with changes. Chair Rivlin said we have been here before with past FAR requests considered by this Planning Commission. Commissioner Buchbinder: • Said that he likes the idea of staying within our mandate. • Added that we are working with a General Plan that doesn't reflect where we're actually at. • Pointed out that tech uses do a lot of alternative transit ideas to deal. with parking demand. • Stated that while this site is past the VTA stops, perhaps VTA could be involved to consider rerouting/expanding bus routes to and from this area. Commissioner Hines: • Stated that he doesn't feel qualified to give an architectural view on this. • Encouraged the Commission to make this work for Dollinger and push forward on this project. Commissioner Ostrowski suggested that perhaps a basement level for office use would help reduce the maximum height. Chair Rivlin reminded that staff made it clear to the applicant that their original proposal was not compliant with the zoning. Commissioner Hines cautioned that Dollinger could easily move this project over to Los Gatos. He said he wants to see this project worknn Campbell one way or another. Chair Rivlin said this is a great project but the numbers don't fit. Commissioner Colvill said the FAR is the issue he is more excited about. Chair Rivlin referenced page 171 of the report and suggested a reduction by one story with a maximum of 121,000 square feet and a .63 FAR. Planner Cindy McCormick said that assumes they'd keep the same footprint. Campbell Planning Commission Minutes for December 10, 2019 Page 30 Commissioner Hines reminded that from a development standpoint to sell this project, the minimum square footage is 160,000. Dollinger wants 200,000. Commissioner Buchbinder said that with a reduction in height to 45 feet a Parking Modification Permit might be required. Commissioner Krey said that there will only be a lessened impact on traffic if the square footage is reduced and not just the height. Chair Rivlin: • Said that the FAR is tied to the traffic count. • Reiterated the suggestion to remove the fourth floor, reduce the square footage to 120,000 square feet. • Concluded that perhaps in 15 to 20 years from now we will have an area plan for Dell. Commissioner Ostrowski: • Said that with the reduction of one floor and the FAR, .60 FAR seems reasonable to her. Commissioner Colvill: • Said he too is happier with the C-M Zoning for this project. • Agreed with the proposal to lop off the 4th floor to help reduce the building height as well as the .63 FAR. • Stated that it is up to the applicant to see if this is a project that they still want. It's for them to decide, not us. • Added that as it stands now, we are not going to be approving this. • Reiterated a maximum .63 FAR and meeting the maximum 45-foot building height. Commissioner Ostrowski said that's also staffs recommendation. Commissioner Buchbinder said he'd rather approve the FAR they applied for. Commissioner Hines agreed. Commissioner Buchbinder: • Said that people are not mad at people coming into town, but they don't want their cars coming in. • Suggested conditioning the occupancy. Commissioner Colvill asked about lot coverage. Planner Cindy McCormick said that zoning also establishes the lot coverage. Commissioner Colvill said they can have the size (FAR) they want but not the height they want. Campbell Planning Commission Minutes for December 10, 2019 Page 31 Commissioner Buchbinder pointed out that the parking garage is not counted against the FAR. Director Paul Kermoyan: • Suggested the Commission talk about the FAR and what would justify an increase. • Added he is hearing about establishing rules without rules, of taking a portion and rationalizing. • Reminded that their decision must comply with the General Plan and its vision. Commissioner Ostrowski said that allowing a greater FAR will result in a greater public benefit. Commissioner Krey: • Agreed with the general idea that Dell Avenue is currently under -developed and supported development with uses that bring jobs. • Asked if that is enough of a public benefit. Commissioner Buchbinder: • Restated his view that the City has been unable to update its General Plan for 20 years. • Added that the same applies to a lack of a Dell Avenue Area Plan even after about six years. - • Concluded that it seems it must be piecemeal or nothing. Chair Rivlin said it's not nothing. It's something that meets the established FAR. Commissioner Buchbinder said we can no longer see Campbell and specifically this Dell Area as being of rural character. Especially if you compare agricultural land costing about $3,000 an acre while land in Campbell costs more than $3 million. Commissioner Ostrowski said it is necessary to convince stakeholders that the DAAP is what is needed. Chair Rivlin said we must mandate where we want Campbell to be in five years. Commissioner Ostrowski said she is struggling to approve something this big Commissioner Colvill: • Agreed that this project as proposed is not working. • Added that this developer needs to adhere to the rules/standards. • Said that this project could establish as the forefront in our community. • Stated he would vote against this project based on what we currently have before us. Chair Rivlin: • Clarified that as this site is zoned C-M (Controlled Manufacturing), It will not go on to Council for final action. Campbell Planning Commission Minutes for December 10, 2019 Page 32 • Suggested the applicant come back with a project that meets the Zoning Code C-M standards. Director Paul Kermoyan said the question remains if the applicant is willing to do so. Commissioner Hines reminded the Commission that the applicant has said they need a minimum of 160,000 square feet. Chair Rivlin re -opened the public hearing for Agenda Item 4. Sean Marciniak, Land Use Attorney for Dollinger Properties, Walnut Creek: • Said that it is very difficult. • Added that they reduced the building height. They are just asking for 15 feet additional. • Stated they also reduced the floor area, but they need 160,000 square feet and four floors to attract the high-tech users they seek. • Said he's kind of stuck as they've already reduced the building height as much as they can. Chair Rivlin asked them to consider a three-story and 130,000 square feet. Sean Marciniak replied that the City's General Plan doesn't prohibit added FAR. Mitch Stermer, Campbell Resident: • Stated, "We are not Sunnyvale!" • Added that Campbell doesn't have infrastructure. Dell is just a two-lane street. We have a stop sign to enter onto Highway 17. Chair Rivlin re -closed the public hearing for Agenda Item 4. Director Paul Kermoyan: • Clarified the false statements made by the project attorney. • Emphatically stated that we must comply with the General Plan. That's the vision. Chair Rivlin said that seeing as the applicant is not interested in a reduced project this is now a moot point. Commissioner Ostrowski suggested a motion or straw poll. She said she is ready to make a motion based on the staff recommendation. Commissioner Buchbinder: • Said the Commission's hands are tied at this point. • Added that he thinks we are making a mistake. • Stated that it was a mistake not to have an updated General Plan for over 20 years. Campbell Planning Commission Minutes for December 10, 2019 Page 33 Motion: Upon motion of Commissioner Ostrowski, seconded by Commissioner Krey, the Planning Commission took the following actions: • Adopted Resolution No. 4554 recommending that the City Council deny a Zoning Map Amendment from C-M (Controlled Manufacturing) to P-D (Planned Development); • Adopted Resolution No. 4455 recommending that the City Council deny a Planned Development Permit with Site and Architectural Review to allow construction of a 161,870 square foot four-story office building, a 146,478 square foot five -story parking garage (with one level of underground parking), additional surface parking, and on -site open space on property located at 1700 Dell Avenue. • Adopted Resolution No. 4456 recommending that the City Council deny a Tree Removal Permit, on property located at 1700 Dell Avenue; by the following roll call vote: AYES: Colvill, Krey, Ostrowski and Rivlin NOES: Buchbinder and Hines ABSENT: Ching ABSTAIN: None Chair Rivlin advised that this item would be considered by the City Council for final action at a meeting to be held in February 2020. MISCELLANEOUS 5. Election of 2020 Chair and Vice Chair. Motion: Upon motion of Commissioner Buchbinder, seconded by Commissioner Hines, the Planning Commission elected Commissioner Krey to serve as Planning Commission ,Chair for 2020. (6-0-1; Commissioner Ching was absent) Motion: Upon motion of Commissioner Hines, seconded by Chair Rivlin, the Planning Commission elected Commissioner Ostrowski to serve as Planning Commission Vice -Chair and Chair of SARC for 2020. (6-0-1; Commissioner Ching was absent) Chair Rivlin passed the gavel to in -coming Chair Krey. Chair Krey presented the 2019 Chair plaque to out -going Chair Rivlin for his service as Planning Commission Chair during 2019. Out -going Chair Rivlin thanked his fellow Commissioners for their service and said it is an honor to serve on this Commission. Campbell Planning Commission Minutes for December 10, 2019 Page 34 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 12:07 a.m. tothe next Regular Planning Commission Meeting January 14, 2020. SUBMITTED BY: Corinne Shinn, Recording Secretary APPROVED BY: ATTEST: