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PC Agenda - 12-14-2021 - Reg PC Agenda PacketPLANNING COMMISSION City of Campbell, California For the public to attend this meeting remotely, please register in advance for this webinar: https://bit.ly/PCMtg12142021 After registration, you will receive a confirmation email containing information about joining the webinar. During the registration process, you will be asked if you would like to speak on any of the agenda items. Please provide detail on the items you would like to discuss. December 14, 2021 Tuesday 7:30 p.m. City Hall Council Chambers 70 N. First St. Campbell, CA AGENDA NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public to follow the guidance of the California Department of Health Services', and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov. This Regular Planning Commission meeting will be conducted in person with the Commissioners meeting at City Hall, Council Chambers. Members of the public are still allowed to participate remotely by Zoom or attend in person (as space allows while maintaining on-going face covering and social distancing). The meeting is compliant with provisions of the Brown Act. The Planning Commission meeting will be live streamed on Channel 26, the City's website and on YouTube at https://www.youtube.com/user/CityofCampbell, for those who only wish to view the meeting but not participate. Those members of the public wishing to provide public comment virtually are asked to register in advance at https://bit.ly/PCMtg12142021. After registering, you will receive a confirmation email containing information about joining the meeting via Zoom. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers. If attending in person, face coverings and physical distancing will be required until further notice. Public comment for the Planning Commission meetings will be accepted via email at planning@campbellca.gov prior to the start of the meeting. Written comments will be posted on the website and distributed to the PC. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number. ROLL CALL APPROVAL OF THE MINUTES COMMUNICATIONS AGENDA MODIFICATIONS OR POSTPONEMENTS ORAL REQUESTS This is the point on the agenda where members of the public may address the Commission on items of concern to the Community that are not listed on the agenda this evening. People may speak up to 5 minutes on any matter concerning the Commission. Planning Commission Agenda for December 14, 2021 Page 2 of 2 PUBLIC HEARINGS 1.PLN-2021-193 Initiation of a Zoning Code Text Amendment (PLN-2021- 193)to allow the Planning Commission to grant a reduction tothe required side-yard setbacks for properties within the M-1(Light Industrial) and C-2 (General Commercial) ZoningDistricts. Project Planner: Daniel Fama, Senior Planner NEW BUSINESS 2.Election of 2022 Chair and Vice Chair 3. Presentation by the in-coming Chair of the 2021 Chair Plaque to out-going ChairOstrowski REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR ADJOURNMENT Adjourn to the next regularly scheduled Planning Commission meeting of January 25, 2022 at 7:30 p.m. This meeting will be in person for the members of the Planning Commission at Campbell City Hall, Council Chambers, 70 N. First Street, Campbell, CA. Members of the public are still allowed to participate remotely by Zoom or attend in person (as space allows while maintaining on-going face covering and social distancing). The Regular PC Meeting of January 11, 2022, has been cancelled. Americans with Disabilities Act (ADA) In compliance with the Americans with Disabilities Act, listening assistance devices are available for meetings held in the Council Chambers. If you require accommodation to participate in the meeting, please contact Corinne Shinn at the Community Development Department, at corinnes@cityofcampbell.com or (408) 866-2140. ITEM NO. 1 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ December 14, 2021 PLN-2021-193 City-Initiated Initiation of a Zoning Code Text Amendment (PLN-2021-193) to allow the Planning Commission to grant a reduction to the required side-yard setbacks for properties within the M-1 (Light Industrial) and C-2 (General Commercial) Zoning Districts. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Make a Motion, to initiate a Zoning Code Text Amendment (PLN-2021-193) to allow the Planning Commission to grant a reduction to the required side-yard setbacks for properties within the M-1 (Light Industrial) and C-2 (General Commercial) Zoning Districts. ADMINISTRATIVE PROCEDURE Pursuant to Campbell Municipal Code (CMC) Sec. 21.60.020 (Initiation of amendment) an amendment to the Zoning Code may only be initiated by the City Council or the Planning Commission. As such, this item serves to: 1) Evaluate a zoning code / land use issue identified by staff; and 2) Request that the Planning Commission initiate the Zoning Code Text Amendment. DISCUSSION Background: For each zoning district, the Zoning Code provides a development standards table that identifies the general requirements for construction, including minimum setbacks, maximum floor area ratio (FAR), and maximum building height. These standards are intended to provide the numeric limitations for development based on the allowable land use (residential, commercial, industrial) and the anticipated intensity as established by the General Plan. The Zoning Code allows for limited deviations from these development standards on a case-by- case basis as approved by the Planning Commission. For example, the Planning Commission may generally grant an increase in FAR "for a specific use at a specific location when it determines that circumstances warrant an adjustment." Similarly, with regard to rear setbacks, the Planning Commission "may grant a reduction or approve a structure to be placed on the rear property line and may designate that additional landscaping and setback requirements be provided at the front of the parcel." These exception provisions are intended to allow limited relief for projects when necessary and appropriate. However, while the Zoning Code allows for reductions to rear setbacks it does not provide the same allowance for side setbacks. Moreover, the side setback requirement for non- residential zoning districts, including the General Commercial (C-2) and Light Industrial (M-1) districts, is the same as that for the residential zoning districts: the greater of 5-feet or one half of the height of the adjacent building wall. This standard generally requires buildings to be stepped- back as they rise in order to minimize their perceived massing. Staff Report ~ Planning Commission Meeting of December 14, 2021 Page 2 of 3 PLN-2021-193 – Initiation of a Zoning Code Text Amendment Staff is currently reviewing three industrial/commercial applications that involve requests for reduced side setbacks. These projects question the appropriateness of applying a residential setback standards to commercial and industrial properties and highlight the lack of flexibility to adjust this standard. Absent an exception provision, the remedy for these applicants is to either request a Variance or seek a zoning amendment to rezone the property to Planned Development (P-D), neither of which is an appropriate course of action. Per State law, variances should be limited to those situations where the unique physical characteristics of a site make it difficult to develop under standard regulations and should only be granted to allow the disadvantaged property to develop in a manner consistent with nearby properties in the same zoning district. Given Campbell's flat topography and lack of unusual environmental constraints, Variances are quite rare. P-D zoning is intended to allow for a comprehensively planned development in a manner that existing zoning standards cannot accommodate, while still maintaining compliance with underlying General Plan land use designation. This tool, therefore, is intended to facilitate superior development, not to simply exempt projects from zoning standards that otherwise would apply. The Planning Commission and Council in reviewing the Administrative Draft Envision Campbell General Plan Update provided direction to modify Campbell’s codes to reduce the use of P-D zoning. Proposal: As such, with regard to the subject applications, staff has identified a need to revise the Zoning Code to allow reductions to side setbacks without resorting to a variance or P-D zoning by broadening the Planning Commission's exception authority. Staff's proposal would provide with the Planning Commission with the ability to approve reductions to side setbacks on a case-by-case basis in the same capacity as rear setbacks in order to allow for construction more in line with current industry practices. These proposed changes are shown in redline, below. M‐1 Zoning District C‐2 Zoning District  Maximum  floor area  ratio   0.40  The planning commission shall have the  authority to increase the F.A.R. for a  specific use at a specific location when it  determines that circumstances warrant  an adjustment.   Setbacks required   Front  10 ft.   Side  (each)   5 ft. or one‐half the height of the building  wall adjacent to the side property line  (whichever is greater).   The planning commission may grant a  reduction or approve a structure to be  placed on the side property line when it  determines that circumstances warrant a  reduction.  Street side  10 ft.   Rear  10 ft.   The planning commission may grant a  reduction or approve a structure to be  placed on the rear property line and may  designate that additional landscaping  and setback requirements be provided at  the front of the parcel.   Maximum  floor area  ratio   0.40   The planning commission shall have the  authority to increase the F.A.R. for a  specific use at a specific location when it  determines that circumstances warrant  an adjustment.   Setbacks required   Front  10 ft.   Side (each)  A minimum of five feet or one‐half the  height of the building wall adjacent to  the side property line (whichever is  greater).    The planning commission may grant a  reduction or approve a structure to be  placed on the side property line when it  determines that circumstances warrant  a reduction.  Street Side  10 ft.   Rear  10 ft. The planning commission may  grant a reduction or approve a structure  to be placed on the rear property line  and may designate that additional  landscaping and setback requirements  be provided at the front of the parcel.   Staff Report ~ Planning Commission Meeting of December 14, 2021 Page 3 of 3 PLN-2021-193 – Initiation of a Zoning Code Text Amendment Next Steps: Staff anticipates bringing forward a draft ordinance for the Planning Commission's review and recommendation early next year. This process would be separate from the individual review of the subject development applications that originated this matter. Prepared by: Daniel Fama, Senior Planner Approved by: Rob Eastwood, Community Development Director City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Members of the Planning Commission Date: December 14, 2021 From: Rob Eastwood, Community Development Director Subject: Report of the Community Development Director I. CITY COUNCIL: The City Council met on Tuesday, December 7, 2021, and considered the following items of interest to the Planning Commission: A. Declaring Weeds a Public Nuisance and Scheduling a Public Hearing: – The Council adopted a resolution declaring weeds a public nuisance and setting January 18, 2022, as the date for a public hearing to hear protests. B. Wireless Telecommunications Facility – 2041 S. Winchester Boulevard: Council adopted a resolution approving Conditional Use Permits with Site and Architectural Review for T-Mobile and AT&T to allow for the reestablishment and continued operation of an existing concealed wireless telecommunications facility (faux tree pole) with an exception to the Winchester Boulevard Master Plan height limit of 45-feet to allow the retention of an approximately 69-foot-tall facility. C. Interim Ordinance to Adopt Urgency Measures to Implement Senate Bill No. 9: Council adopted an interim ordinance to adopt urgency measures to implement Senate Bill No. 9. II. UPCOMING COMMISSION MEETINGS A. Cancellation of the Next Regular Planning Commission Meeting of January 11, 2022. B. Next Regular Planning Commission Meeting of January 25, 2022: The next regular meeting will consider the following item(s): 1. Application – 1323 Elam Ave – Reinstatement of PD, TSM and PMP. III. MISCELLANEOUS A. Corinne Shinn Retirement: Executive Assistant Corinne Shinn has announced her retirement after 28 ½ years with Campbell, her last day will be December 22, 2021. We will bring a resolution acknowledging Corinne’s contributions to Campbell, including clerking the Planning Commission, to the January Planning Commission Meeting. Director’s Report for December 14, 2021 Page 2 B. Planning Staff Updates: The filing deadline for applications for the vacant Assistant Planner position was October 22, 2021. The interview process is being completed, and it is hoped that the position will be filled by January. The filing deadline for applications for the vacant Associate Planner position was November 24, 2021. Oral Board interviews occurred on December 8, 2021 and it is hoped that that position will be filled by late January. Note that at present time, Planning will continue to function with two planners with two to three current vacancies in the Department (Planning Technician, Associate Planner and Assistant Planner) due to voluntary departures. These positions left vacant during COVID have not yet been refilled. Workflow will be impacted until such time that staffing is replenished and trained.