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12-12-23 meeting minutes PLANNING COMMISSION REGULAR MEETING MINUTES Tuesday, December 12, 2023 I 7:30pm City Hall Council Chamber CALL TO ORDER The Regular Planning Commission meeting of December 12, 2023 was called to order at 7:30 pm by Chair Buchbinder, and the following proceedings were had to wit. ROLL CALL Staff present: Bill Seligmann, City Attorney Daniel Fama, Senior Planner (Acting Secretary) Tracy Tam, Associate Planner Larissa Lomen, Assistant Planner Ken Ramirez, Administrative Analyst APPROVAL OF MINUTES 1. Approval of Minutes of November 28, 2023 (Roll Call Vote) ➢ Meeting Minutes, 11/28/2023 (Regular Meeting) ➢ Commissioners present at 11/28/23 Planning Commission meeting approved meeting minutes. COMMUNICATIONS Senior Planner Daniel Fama advised of an email communication for Item 4, 1320 Burrows Road, that was provided to staff earlier in the evening. AGENDA MODIFICATIONS OR POSTPONEMENTS Planning Commissioners Present: Adam Buchbinder, Chair Alan Zisser, Vice Chair Davis Fields Michael Krey Matt Kamkar Planning Commissioners Absent Maggie Ostrowski Cori Majewski Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 2 of 10 None ORAL COMMUNICATIONS This portion of the meeting is reserved for individuals wishing to address the Planning Commission on matters of community concern that are not listed on the agenda. In the interest of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits the Commission from acting on non-agendized items, however, the Chair may refer matters to staff for follow-up. Opened and Closed Public Comment, no public comments were received. PUBLIC HEARING Note: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Planning Commission’s consent at the meeting. 2. PLN-2023-155 – Zoning Map, Housing Overlay Districts, and Related Zoning Code Text Amendments Public Hearing to consider the establishment of a new Zoning Map incorporating three new Housing Overlay Zoning Districts and adoption of related Zoning Code Text Amendments. File No.: PLN-2023-155. Staff is recommending that this project be found consistent with the Final Environmental Impact Report (EIR) (SCH: 2022030566) prepared for the 2040 General Plan and 2023-2031 Housing Element and Categorically Exempt under CEQA. Tentative City Council Date: February 6, 2024. Project Planner: Stephen Rose, Senior Planner. Recommended Action: Make a motion to continue consideration of the subject item to the Planning Commission meeting of January 23, 2024. Chair Buchbinder opened the Public Hearing for Agenda Item No. 2. Motion: Upon motion by Commissioner Krey, seconded by Vice Chair Zisser, the Planning Commission motioned to continue the public hearing regarding establishment of a new Zoning Map incorporating three new Housing Overlay Zoning Districts and adoption of related Zoning Code Text Amendments to a date certain of January 23, 2024. AYES: Fields, Krey, Kamkar, Zisser, Buchbinder NOES: None ABSENT: Majewski, Ostrowski ABSTAIN: None Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 3 of 10 Chair Buchbinder left the Public Hearing open for Agenda Item No. 2. 3. PLN-2023-173 – 653 E. Campbell Avenue, Suite 2 Public Hearing to consider the request of Adam Scofield on behalf of Greyland’s Professional Office Center, LLC to establish a chiropractic office (“medical services, clinic”) within an existing tenant space in the Greyland’s Professional Office Center on property located at 653 E. Campbell Avenue, Suite 2. The application under consideration includes a Conditional Use Permit. File No.: PLN-2023-173. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Larissa Lomen, Assistant Planner. Recommended Action: Adopt a Resolution (reference Attachment A) approving a Conditional Use Permit. Chair Buchbinder opened the Public Hearing for Agenda Item No. 3. Assistant Planner Larissa Lomen presented the staff report to consider the request of Adam Scofield on behalf of Greyland’s Professional Office Center, LLC to establish a chiropractic office (“medical services, clinic”) within an existing tenant space, in the Greyland’s Professional Office Center on property located at 653 E. Campbell Avenue, Suite 2. Commissioners were informed that the Planning Commission’s Ad-Hoc Economic Development Subcommittee would propose modifications that would change the application procedure for this type of project from a Conditional Use Permit to being processed as administrative. Chair Buchbinder opened Public Comment. Applicant Adam Scofield, on behalf of Greyland’s Professional Office Center LLC, stated that he has worked as a chiropractor for six years and wishes to open his own practice and create a space to help people live healthy and pain-free lives. Commissioners had questions regarding the applicant’s previous work experience. No comments from members of the public were made. Chair Buchbinder closed Public Comment. Commissioners welcomed the applicant to Campbell and hoped he would be one of the last applicants to go through the longer process. Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 4 of 10 Motion: Upon motion by Commissioner Krey, seconded by Commissioner Fields, the Planning Commission motioned to grant approval of a Conditional Use Permit to establish a chiropractic office (“medical services, clinic”) within an existing tenant space in the Greyland’s Professional Office Center on property located at 653 E. Campbell Avenue, Suite 2. AYES: Fields, Krey, Kamkar, Zisser, Buchbinder NOES: None ABSENT: Majewski, Ostrowski ABSTAIN: None Chair Buchbinder closed the Public Hearing for Agenda Item No. 3. 4. PLN-2023-60 – 1320 Burrows Road Public Hearing to consider the request of Valley Home Builders (Natalie Paolercio) to allow the demolition of an existing single-family residence and construction of a new approximately 3,650 square foot two-story single-family residence on property located at 1320 Burrows Road. The application under consideration includes a Site and Architecture Review Permit. File No.: PLN-2023-60. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tracy Tam, Associate Planner. Recommended Action: Adopt a Resolution (reference Attachment A) approving a Site and Architecture Review Permit. Chair Buchbinder opened the Public Hearing for Agenda Item No. 4. Associate Planner Tracy Tam presented the staff report to consider the request of Valley Home Builders (Natalie Paolercio) to allow the demolition of an existing single-family residence and construction of a new approximately 3,650 square foot two-story single-family residence on property located at 1320 Burrows Road. Commissioners received clarification that under State law this project should not go through a Planning Commission hearing, but it is because the rules currently call for that. Commissioners were informed that staff received one public inquiry requesting the window on the second story facing the north property line be made obscure and frosted. San Tomas Area Neighborhood Plan privacy impact policies standards are subjective, but as the project needs to be considered ministerially only objective standards can apply to the project. Commissioners inquired about configuration of the original proposal and whether it was the same as the current “wedding cake” configuration with a second floor smaller than the first. Commissioners also asked if the city’s requirements mandated the second story be stepped back from the first story. Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 5 of 10 Associate Planner Tam clarified that the initial proposal did not comply with setback requirements, which is an objective standard, but now a larger setback has been incorporated to comply with the San Tomas Area Neighborhood Plan. The initial proposal set the second floor back from the first floor. Commissioners questioned whether the project would be required to go through an addressing process, based on how the project has been designed. Associate Planner Tam clarified that the Building Division handles addressing and the project would likely have a Steinway Avenue address. For planning purposes they consider Burrows Road the front property line based on the definition of what a front property line is. Commissioners sought clarification that they could not condition the project in a manner that would change the proposal as the decision needed to be ministerial. Staff confirmed this understanding. Chair Buchbinder opened Public Comment. Applicant’s architect Natalie Paolercio stated that one change they made in the last revision was to raise the header height of the second floor window facing the north property line to 8 feet, so the top of the bottom pane is 5 feet, 8 inches, and with the distance away from the structures and the height in general they do not believe this is a privacy concern any longer and are reluctant to frost the top pane of the window. Ms. Paolercio outlined additional changes they had made in the service of privacy. Ms. Paolercio clarified that the house’s wedding cake design was done both because it worked well with the applicant’s desired design, and because of the City’s San Tomas Area Neighborhood Plan design guidelines minimizing the use of design features which would make the new homes appear larger. Ms. Paolercio confirmed that she was aware that the Planning Commission could not require the applicants to frost the upper half of the window. Chair Buchbinder closed Public Comment. Planning Commissioners discussed their support of the project and noted that the applicants raised the second floor window, something they were not required to do, to address the privacy concerns, and that frosting the upper half of the window may not be necessary given the height. Motion: Upon motion by Commissioner Krey, seconded by Vice Chair Zisser, the Planning Commission motioned to grant approval of a Site and Architecture Review Permit to allow the demolition of an existing single-family residence and construction of a new approximately 3,650 square foot two-story single-family residence on property located at 1320 Burrows Road. Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 6 of 10 AYES: Fields, Krey, Kamkar, Zisser, Buchbinder NOES: None ABSENT: Majewski, Ostrowski ABSTAIN: None Chair Buchbinder closed the Public Hearing for Agenda Item No. 4. PLN-2023-135 – 44 & 56 Sunnyside Avenue Public Hearing to consider the request of Sachneel Patel on behalf of 44 Sunnyside LLC to allow construction of a 6-lot detached single-family residential subdivision, and related removal of on-site “protected” trees on property located at 44 & 56 Sunnyside Avenue. The applications under consideration include a Planned Development Permit, Tentative Vesting Subdivision Map, and Tree Removal Permit submitted under an SB-330 preliminary application filed in compliance with Government Code § 65941.1. File No.: PLN-2023-135. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Date: January 22, 2024. Project Planner: Daniel Fama, Senior Planner. Recommended Action: Adopt a Resolution (reference Attachment A) recommending that the City Council approve a Planned Development Permit, Tentative Vesting Subdivision Map, and Tree Removal Permit. Chair Buchbinder opened the Public Hearing for Agenda Item No. 5. Senior Planner Daniel Fama presented the staff report to consider the request of Sachneel Patel on behalf of 44 Sunnyside LLC to allow construction of a 6-lot detached single-family residential subdivision, and related removal of on-site “protected” trees on property located at 44 & 56 Sunnyside Avenue. Senior Planner Fama clarified that the porch line is considered the actual setback. Commissioners inquired if before the recent changes would the City have typically asked the applicants to try to redesign the project slightly to save Mulberry Tree No. 1 in the front corner, which is a protected tree? Senior Planner Fama responded yes, and that is what did happen with the redwood trees on the lot that were slated for removal, but the redwood trees are in much better condition than the mulberry tree and there are two of them. Senior Planner Fama clarified that because these buildings are three stories the fire department would need aerial access, and 26 feet for the private street is the minimum the City provides for fire access. Two story homes would only need 20 feet minimum for fire access. Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 7 of 10 Senior Planner Fama clarified that the depth of the lot is less than 150 feet, so a turnaround is not required. Commissioners inquired about the reason for the 2-foot setback. Senior Planner Fama responded the property line is pushed inward so there could be a sidewalk and a park strip, and though it is not consistent with the rest of the street, this property is next to a commercial property and Public Works wishes to continue that streetscape through this property. Commissioners discussed neighbor concerns expressed during the preliminary application and inquired about design changes made to accommodate these concerns. Senior Planner Fama responded the design is largely the same. Senior Planner Fama clarified that this is a housing application that cannot be denied without violating the Housing Accountability Act, however, the Commission could condition it in a manner that does not diminish it’s intensity or density if that condition could be rooted in the findings or General Plan policy. Senior Planner Fama clarified that there would be replacement trees provided for the trees that would be removed. Commissioners inquired about sidewalk requirements, how expensive it is to install a sidewalk, and how one builds a sidewalk that complies with Public Works requirements. Senior Planner Fama clarified responded that it is common practice to require an “exaction” where the City requires certain types of off-site public improvement to be installed as part of the project. Commissioners discussed a new requirement beginning September 2024 to treat street storm water in the street and using park strips as a place to treat the water. Senior Planner Fama clarified that the park strip in this case is not for storm water treatment, but more for aesthetics and connection to the commercial sidewalk next door. Chair Buchbinder opened Public Comment. Applicant’s architect Lance Crannell stated that he was available for questions from the Commission. Commissioners inquired regarding any shadow studies that may have been conducted on the site. Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 8 of 10 Mr. Crannell stated the shadows don’t fall on the neighbor’s side based on the solar orientation of the two buildings. He noted that the neighbors also made comments regarding the window placement and said the applicant is open to make adjustments. Chair Buchbinder closed Public Comment. Commissioners were supportive of the new design and discussed how this home might change the character of the street that contains historic structures, but acknowledged the street already contains several multi-unit buildings and is adjacent to Winchester Boulevard. Commissioners also discussed how the three-story design is a good way for the City to meet its RHNA numbers and hoped some of the units would be ADUs. Commissioners also discussed the City’s short setback requirement and having the wider walkway along the development simply because there is commercial next to it. Commissioners wondered whether they were giving up a setback for a little bit wider sidewalk for no real reason. Senior Planner Fama informed the Commission that he would flag this issue for the City Council. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Kamkar, the Planning Commission motioned to grant approval of a Planned Development Permit, Tentative Subdivision Map, and Tree Removal Permit to allow construction of a 6-lot detached single-family residential subdivision, and related removal of on-site “protected” trees on property located at 44 & 56 Sunnyside Avenue. AYES: Fields, Krey, Kamkar, Zisser, Buchbinder NOES: None ABSENT: Majewski, Ostrowski ABSTAIN: None Chair Buchbinder closed the Public Hearing for Agenda Item No. 5. OLD BUSINESS 6. Planning Commission Parking Ad-Hoc Subcommittee Presentation on the status of the Planning Commission’s Parking Ad-Hoc Subcommittee on Non-Residential Parking Reform. Chair Buchbinder presented the subcommittee’s parking proposal and asked for his fellow commissioners’ comments. Commissioners said the updated parking proposal aligns with Council’s position, but before continuing work on the proposal they must ensure it is high enough on the Council’s priority list that they want the Planning Commission to work on it at all. Commissioners wished for staff’s input on the proposal as well. Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 9 of 10 Senior Planner Fama indicated that next year the Commission will be asked provide recommended workplan items to the City Council. At that time, the Commission may discuss recommending an update to the City's parking standards. NEW BUSINESS 7. 2024 Planning Commission Meeting Schedule (Voice Vote) The Commission reviewed the proposed 2024 meeting schedule. Motion: Voice Vote to Approve the 2024 Planning Commission Meeting Schedule AYES: Fields, Krey, Kamkar, Zisser, Buchbinder NOES: None ABSENT: Majewski, Ostrowski ABSTAIN: None 8. Election of 2024 Chair and Vice Chair (Voice Vote) Upon motion by Commissioner Krey, seconded by Commissioner Fields, the Planning Commission motioned to nominate Vice Chair Zisser for 2024 Chair of the Planning Commission, and Commissioner Kamkar for 2024 Vice Chair of the Planning Commission. Motion: Voice Vote to Elect 2024 Chair and Vice Chair AYES: Fields, Krey, Kamkar, Zisser, Buchbinder NOES: None ABSENT: Majewski, Ostrowski ABSTAIN: None Outgoing Chair Buchbinder was presented with a plaque to commemorate completion of his term as 2023 Chair of the Planning Commission. Commissioner Buchbinder expressed thanks to his fellow commissioners and staff for their work and assistance in 2023. 9. Appointment of SARC Members (Appointment by the Incoming Chair) The 2024 Chair will appoint the 2024 SARC members. Incoming Chair Zisser appointed Vice Chair Kamkar as the 2024 head of the SARC, with Commissioner Fields as the second member of the SARC. Vice Chair Kamkar and Commissioner Fields accepted the appointments to SARC. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Senior Planner Daniel Fama reported that: Campbell Planning Commission Meeting Minutes – December 12, 2023 Page 10 of 10 •The City Council reviewed the Planning Commission’s Ad-Hoc Economic Development Advisory Subcommittee’s recommendations at its last meeting and give direction to proceed. Senior Planner Stephen Rose will be working on the formal text amendment for Planning Commission and Council consideration early next year. ADJOURNMENT Adjourned meeting at 8:54 p.m. to the next Regular Planning Commission Meeting on Tuesday, January 9, 2024 in the City Hall Council Chambers, 70 North First Street, Campbell, California and via telecommunication. PREPARED BY: _______________________________ Ken Ramirez, Administrative Analyst APPROVED: ______________________________ Alan Zisser, Chair ATTEST: ________________________________ Daniel Fama, Acting Secretary Ken Ramirez (Jan 10, 2024 12:34 PST) Ken Ramirez Alan Zisser (Jan 10, 2024 14:59 PST) 12.12.23 Planning Commission meeting minutes Final Audit Report 2024-01-10 Created:2024-01-10 By:Ken Ramirez (kenr@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAAnq4QFjIfLVIzsXI1zyqWlvkvl427BzD "12.12.23 Planning Commission meeting minutes" History Document created by Ken Ramirez (kenr@campbellca.gov) 2024-01-10 - 8:23:19 PM GMT Document emailed to Ken Ramirez (kenr@campbellca.gov) for signature 2024-01-10 - 8:23:23 PM GMT Document emailed to Daniel Fama (danielf@campbellca.gov) for signature 2024-01-10 - 8:23:24 PM GMT Document emailed to Alan Zisser (alanzisser@gmail.com) for signature 2024-01-10 - 8:23:24 PM GMT Email viewed by Daniel Fama (danielf@campbellca.gov) 2024-01-10 - 8:23:44 PM GMT Document e-signed by Daniel Fama (danielf@campbellca.gov) Signature Date: 2024-01-10 - 8:24:09 PM GMT - Time Source: server Document e-signed by Ken Ramirez (kenr@campbellca.gov) E-signature hosted by Ken Ramirez (kenr@campbellca.gov) Signature Date: 2024-01-10 - 8:34:58 PM GMT - Time Source: server Email viewed by Alan Zisser (alanzisser@gmail.com) 2024-01-10 - 10:59:09 PM GMT Document e-signed by Alan Zisser (alanzisser@gmail.com) Signature Date: 2024-01-10 - 10:59:56 PM GMT - Time Source: server Agreement completed. 2024-01-10 - 10:59:56 PM GMT