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2024.11.12 PC Min PLANNING COMMISSION REGULAR MEETING MINUTES Tuesday, November 12, 2024 I 7:00pm City Hall Council Chamber CALL TO ORDER The Regular Planning Commission meeting of November 12, 2024, was called to order at 7:00 pm by Chair Zisser, and the following proceedings were had to wit. ROLL CALL Staff Present: Rob Eastwood, Director Bill Seligmann, City Attorney Daniel Fama, Senior Planner Tracy Tam, Associate Planner Larissa Lomen, Assistant Planner Ken Ramirez, Administrative Analyst Captain Brad Rice Sergeant Lee Heitzman Roger Storz, City Engineer Matthew Jue, City Traffic Engineer Current issues with the sound, unable to confirm the attendance of Commissioner Majewski APPROVAL OF MINUTES Planning Commissioners Present: Alan Zisser, Chair Matt Kamkar, Vice Chair Adam Buchbinder Michael Krey Maggie Ostrowski Cori Majewski (remote) Davis Fields Planning Commissioners Absent: Campbell Planning Commission Meeting Minutes – November 12, 2024 Page 2 of 7 1. Approval of Minutes of October 08, 2024 (Roll Call Vote) Recommended Action: That the Planning Commission approve the regular meeting minutes of October 8, 2024. All commissioners approved. Mike McAndrews spoke on the Oct. 8 PC meeting minutes. Thanked the Planning Commission for their efforts and for the edits made on the minutes. Wants to highlight the following issues: • The proposed project site being downsize by its zoning to commercial creates a problem as a Business of that nature is not consistent with the General plan. • Traffic Impact to the three major arteries of the neighborhood (Leigh, Bascom, Hamilton). The rideshare apps send prospective customers through the neighborhood • Would like Chick-Fill-A to provide the high and low sales value and to also provide the percentage of sales for delivery services. 2. Approval of Minutes of October 22, 2024 (Roll Call Vote) Recommended Action: That the Planning Commission approve the regular meeting minutes of October 22, 2024. All Commissioners, except Commissioner Fields, approved with the two revised changes to the meeting minutes. Commissioner Fields abstained during motion COMMUNICATIONS none AGENDA MODIFICATIONS OR POSTPONEMENTS 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. PUBLIC HEARING Commissioner Zisser and Krey disclosed that they visited sites. Commissioner Buchbinder visits 7- 11 frequently. 3. 2223 S. Bascom Avenue – Conditional Use Permit (Resolution/Roll Call Vote) - Reso 4723 Public Hearing to consider the request of 7-Eleven, Inc. on behalf of Fragomeni Family, LLC to allow for an existing convenience market/store (i.e. 7-Eleven) to continue to operate 24-hours daily (“late night activity”), on property located at 2223 S. Bascom Campbell Planning Commission Meeting Minutes – November 12, 2024 Page 3 of 7 Avenue. The application under consideration includes a Conditional Use Permit. File No.: PLN-2024-63. 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: That the Planning Commission adopt a resolution approving a Conditional Use Permit. Associate Planner Tracy Tam presented staff report to consider the request of 7-Eleven, Inc. on behalf of Fragomeni Family, LLC to allow for an existing convenience market/store (i.e. 7-Eleven) to continue to operate 24-hours daily (“late night activity”), on property located at 2223 S. Bascom Avenue. Commissioners discussed the non-sale of alcohol hours . Campbell Police Department had no objections. Ryan Kroll, Attorney with 7-11 operator and applicant, confirmed no operational changes and expressed gratitude for police support. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Ostrowski, the Planning Commission motioned to approve a Conditional Use Permit to allow for an existing convenience Market/Store (i.e. 7-Eleven) to continue to operate 24- hours daily as a late-night activity on property located at 2223 S. Bascom Avenue. File No.: PLN-2024-63, by the following roll call: AYES: Kamkar, Zisser, Krey, Buchbinder, Ostrowski, Majewski, Fields NOES: None ABSENT: None ABSTAIN: None 4. 110 N. Milton Avenue – Appeal of a Fence Exception Decision (Resolution/Roll Call Vote) Public Hearing to consider an appeal of the Community Development Director’s denial of a Fence Exception for a 7-foot tall fence and vehicular gate with a zero-foot setback along the street side property line (where a 3 ½ foot tall fence is normally allowed) on property located at 110 N. Milton Avenue. The application(s) under consideration includes a Fence Exception Permit. File No.: PLN-2024-75. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Tracy Tam, Associate Planner Recommended Action: That the Planning Commission adopt a resolution denying the appeal and upholding the Community Development Director’s denial of a Fence Exception permit. Campbell Planning Commission Meeting Minutes – November 12, 2024 Page 4 of 7 Associate Planner Tracy Tam presented staff report to consider an appeal of the Community Development Director’s denial of a Fence Exception for a 7-foot tall fence and vehicular gate with a zero-foot setback along the street side property line (where a 3 ½ foot tall fence is normally allowed) on property located at 110 N. Milton Avenue. Summary of Discussion: The Planning Commission discussed the legality and safety implications of a 7-foot fence and vehicular gate with a zero-foot setback along the street side property line, which exceeds zoning code limits. Commissioners considered whether adjustments, such as integrating design features or safety mirrors, could mitigate concerns while adhering to the code. City Staff clarified the setback requirements, the intent behind the regulations, and the limitations of variance and exception processes. Liability and enforcement implications were also addressed. Public comments emphasized the need for safety and privacy while citing procedural concerns with city actions. Motion: Upon motion by Commissioner Ostrowski, seconded by Commissioner Kamkar, the Planning Commission motioned to continue the hearing to a date uncertain, allowing the applicant and staff to explore design adjustments, to also incorporate mirrors as safety measures and pursue a variance , by the following roll call: AYES: Kamkar, Zisser, Krey, Buchbinder, Ostrowski, Majewski, Fields NOES: None ABSENT: None ABSTAIN: None M/ Ostrowski s/ Kamkar – all approved. Chair closed public hearing for a short 5-minute recess Chair opened public hearing. 5. 35 S. First Street – Historic Zoning Exception and Conditional Use Permit (Resolution/Roll Call Vote) – Reso 4724 Public Hearing to consider the request of Mark Stevenson to allow the operation of a chiropractic and acupuncture office (“Medical Services, Clinics” use) on the ground floor of an existing commercial tenant space (otherwise restricted to an upper floor) within a historic "structure of merit" commonly known as the Grizzle Court Duplex on property located at 35 S. First Street. The application(s) under consideration includes a Historic Zoning Exception and Conditional Use Permit. File No.: PLN-2024-62. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Date: December 3, 2024. Project Planner: Larissa Lomen, Assistant Planner Recommended Action: That the Planning Commission adopt a resolution recommending that the City Council approve the Conditional Use Permit and Historic Zoning Exception. Campbell Planning Commission Meeting Minutes – November 12, 2024 Page 5 of 7 Assistant Planner Larissa Lomen presented staff report Hearing to consider the request of Mark Stevenson to allow the operation of a chiropractic and acupuncture office (“Medical Services, Clinics” use) on the ground floor of an existing commercial tenant space (otherwise restricted to an upper floor) within a historic "structure of merit" commonly known as the Grizzle Court Duplex on property located at 35 S. First Street. Summary of Discussion: The Commission considered a proposal for a chiropractic and acupuncture office in a historic "structure of merit." Discussions focused on the appropriateness of adaptive reuse and whether granting the exception might set a precedent for similar applications. City Staff clarified that the exception is specific to this property and aligns with historic preservation principles. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Fields, the Planning Commission motioned to recommend that the City Council approve a Zoning Exception and Conditional Use Permit to allow the operation of a chiropractic and acupuncture office (“Medical Services, Clinics” Use) on the ground floor of an existing commercial tenant space (Otherwise restricted to an Upper Floor) within a Historic “Structure of Merit” commonly known as the Grizzle Court Duplex on property located at 35 S. First Street, and in the CB-MU (Central Business Mixed Use) zoning district. File No.: PLN-2024-62, by the following roll call: AYES: Kamkar, Zisser, Krey, Buchbinder, Ostrowski, Majewski, Fields NOES: None ABSENT: None ABSTAIN: None 6. 220 E. Campbell Avenue and 22 S. 2nd Street – Conditional Use Permit Modification (Resolution/Roll Call Vote) – Reso 4725 Public Hearing to consider the request of Oswaldo Mesia on behalf of Doppio Zero Campbell LP to revise a condition of approval that required construction of a parking lot screening wall, imposed as part of an approved remodel of two commercial buildings related to the establishment of a new restaurant, on property located at 220 E. Campbell Avenue and 22 S. 2nd Street. The application under consideration includes a Modification of a previously approved Conditional Use Permit with Site and Architectural Review. PLN- 2024-147. 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: Daniel Fama, Senior Planner. Recommended Action: That the Planning Commission adopt a resolution approving a Modification to a previously approved Conditional Use Permit with Site and Architectural Review. Campbell Planning Commission Meeting Minutes – November 12, 2024 Page 6 of 7 Senior Planner Daniel Fama presented staff report to consider the request of Oswaldo Mesia on behalf of Doppio Zero Campbell LP to revise a condition of approval that required construction of a parking lot screening wall, imposed as part of an approved remodel of two commercial buildings related to the establishment of a new restaurant, on property located at 220 E. Campbell Avenue and 22 S. 2nd Street. Summary of Discussion: The Commission reviewed a request to revise a condition of approval requiring the construction of a parking lot screening wall. Discussions emphasized alignment with the General Plan, cost implications, and whether the modification would impact safety or aesthetics. City Staff confirmed that the wall was unnecessary for safety and that the modification would reduce costs without significant aesthetic impacts. Motion: Upon motion by Commissioner Fields, seconded by Commissioner Krey, the Planning Commission motioned to approve a modification of a previously approved Conditional Use Permit with Site and Architectural Review to revise a Condition of Approval that required construction of a parking lot screening wall, imposed as part of an approved remodel of two commercial buildings related to the establish of a new restaurant on property located at 220 E. Campbel Avenue and 22 S. 2nd Street. File No.: PLN-2024-147, by the following roll call: AYES: Kamkar, Zisser, Krey, Buchbinder, Ostrowski, Majewski, Fields NOES: None ABSENT: None ABSTAIN: None NEW BUSINESS 7. Discussion on potential formation of ad-hoc subcommittee on Public Outreach Summary of Discussion: The Commission discussed the importance of enhancing public outreach for substantial projects. A proposal was made to form an ad-hoc subcommittee to explore best practices and innovative approaches to public engagement. Action: The Commission approved the formation of a Public Outreach Subcommittee, with commissioners Krey and Zisser appointed to serve. 8. Report of the Community Development Director Director Eastwood provided updates on: • The Planning Commission will review the use and role of the SARC as an upcoming item. Campbell Planning Commission Meeting Minutes – November 12, 2024 Page 7 of 7 • Meeting minutes are done and follow the guidance of the City Clerk as outlined in the City Council meetings. Department is looking at AI LLMs as alternative options. • Planning Commissioner Academy registration will be available by the League of California Cities for the upcoming conference. • Campbell’s efforts to obtain a Pro-Housing Designation, which requires public input. • Campbell’s Measure-K passed. Chair Closed Public Hearing ADJOURNMENT Adjourned at 10:42pm to the Planning Commission meeting of November 26, 2024, at 7:00 PM, 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: ________________________________ Rob Eastwood, Secretary Ken Ramirez (Jan 29, 2025 14:38 PST) Ken Ramirez Alan Zisser (Jan 29, 2025 15:03 PST) 11-12-24 PC meeting minutes Final Audit Report 2025-01-29 Created:2025-01-29 By:Ken Ramirez (kenr@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAVJeESxNBn9ntbNe2mf5idwSKKMmiGkYH "11-12-24 PC meeting minutes" History Document created by Ken Ramirez (kenr@campbellca.gov) 2025-01-29 - 10:22:15 PM GMT Document emailed to Alan Zisser (alanzisser@gmail.com) for signature 2025-01-29 - 10:22:19 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2025-01-29 - 10:22:20 PM GMT Document emailed to Ken Ramirez (kenr@campbellca.gov) for signature 2025-01-29 - 10:22:20 PM GMT Email viewed by Ken Ramirez (kenr@campbellca.gov) 2025-01-29 - 10:37:42 PM GMT Document e-signed by Ken Ramirez (kenr@campbellca.gov) Signature Date: 2025-01-29 - 10:38:07 PM GMT - Time Source: server Email viewed by Rob Eastwood (robe@campbellca.gov) 2025-01-29 - 10:41:56 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2025-01-29 - 10:42:05 PM GMT - Time Source: server Email viewed by Alan Zisser (alanzisser@gmail.com) 2025-01-29 - 11:02:48 PM GMT Document e-signed by Alan Zisser (alanzisser@gmail.com) Signature Date: 2025-01-29 - 11:03:42 PM GMT - Time Source: server Agreement completed. 2025-01-29 - 11:03:42 PM GMT