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2024.5.14 PC Min PLANNING COMMISSION REGULAR MEETING MINUTES Tuesday, May 14, 2024 I 7:30pm City Hall Council Chamber CALL TO ORDER The Regular Planning Commission meeting of May 14, 2024, was called to order at 7:30 pm by Chair Zisser, and the following proceedings were had to wit. ROLL CALL Staff Present: Rob Eastwood, Director Bill Seligmann, City Attorney Roger Storz, Senior Civil Engineer Stephen Rose, Senior Planner Ken Ramirez, Administrative Analyst APPROVAL OF MINUTES 1. Approval of Minutes of April 23, 2024 (Roll Call Vote) ➢ Meeting Minutes, 4/23/2024 (Regular Meeting) Meeting Minutes were approved with a minor revision. COMMUNICATIONS Director Eastwood informed the Planning Commission that a resolution to modify the start time of the Planning Commission Regular Meeting was added and that Senior Planner Daniel Fama was Planning Commissioners Present: Alan Zisser, Chair Matt Kamkar, Vice Chair Adam Buchbinder Michael Krey Cori Majewski Planning Commissioners Absent: Maggie Ostrowski Davis Fields Campbell Planning Commission Meeting Minutes – May 14, 2024 Page 2 of 7 ill and Senior Planner Stephen Rose would be presenting the items on behalf of Senior Planner Fama. AGENDA MODIFICATIONS OR POSTPONEMENTS 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 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. Disclosures – Commissioner Buchbinder was a previous tenant of Item 4 and had disagreements with Property Management. 2. 801 West Hamilton Avenue – Conditional Use Permit (Roll Call Vote) Public Hearing to consider the request of Parviz Sahbaee to allow indoor live entertainment and to formalize on-site general alcohol sales associated with an existing restaurant (i.e. Negeen Restaurant) with “late-night” hours (2:00 AM public closing time, Friday and Saturday). The application(s) under consideration includes a Conditional Use Permit. File No.: PLN-2023-182. 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 make a motion continuing the public hearing to May 28, 2024. Chair Zisser asked why item was continued. Director Eastwood stated that the item was not ready to be presented before the Planning Commission. Motion: Upon motion by Commissioner Kamkar, seconded by Commissioner Krey, the Planning Commission motioned to continue public hearing item to May 28, 2024, by the following roll call: AYES: Krey, Buchbinder, Kamkar, Zisser, Majewski NOES: None ABSENT: Fields, Ostrowski Campbell Planning Commission Meeting Minutes – May 14, 2024 Page 3 of 7 ABSTAIN: None 3. 2025-2029 Capital Improvement Plan (CIP) (Resolution/Roll Call Vote) Public Hearing to consider the City of Campbell 2025-2029 Capital Improvement Plan (CIP) for citywide projects for consistency with the Campbell 2040 General Plan. File No.: PLN-2024-37. Staff is recommending that the project be deemed exempt under CEQA. Project Planner: Daniel Fama, Senior Planner. Tentative City Council Meeting Date: May 21, 2024. Recommended Action: Adopt a Resolution, finding that the proposed Capital Improvement Plan (CIP) is consistent with the Campbell General Plan. Senior Planner Stephen Rose presented the staff report to consider the City of Campbell 2025-2029 Capital Improvement Plan (CIP) for citywide projects for consistency with the Campbell 2040 General Plan When asked whether there would be street resurfacing monies for bike infrastructure development in the future, Commissioners received clarification from City Engineer, Amy Olay, that budget will go to ADA improvements as well as other priorities but will look at opportunities to introduce complete street elements Director Eastwood informed Commissioners that Campbell does not have electrical vehicle superchargers at the moment but the City may look at adding those in the future. Commissioners were informed by City Engineer Amy Olay that traffic calming program is currently meeting the needs of the city with the existent funds. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Majewski, the Planning Commission motioned to approve Reso. No 4705 determining that the City of Campbell 2025-2029 Capital Improvement Plan (CIP) is consistent with the Campbell 2040 General Plan, by the following roll call: AYES: Krey, Buchbinder, Kamkar, Zisser, Majewski NOES: None ABSENT: Fields, Ostrowski ABSTAIN: None 4. 601 Almarida Drive – Extension of Time (Resolution/Roll Call Vote) Public Hearing to consider the request of Raintree Campbell LLC to extend the approval period of a previously approved Site and Architectural Review Permit with a Density Bonus and Tree Removal Permit that allowed the construction of a three-story, 60-unit apartment building within an existing 180-unit apartment community (The Franciscan) located at 601 Almarida Drive, for an additional two (2) years. The application(s) under consideration includes an Extension of Time. File No.: PLN-2024-44. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission Campbell Planning Commission Meeting Minutes – May 14, 2024 Page 4 of 7 action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Senior Planner Recommended Action: Adopt a resolution approving an Extension of Time request to extend the approval period of a previously approved Site and Architectural Review Permit with a Density Bonus and Tree Removal Permit for a period of two (2) years. Senior Planner Rose presented the staff report Hearing to consider the request of Raintree Campbell LLC to extend the approval period of a previously approved Site and Architectural Review Permit with a Density Bonus and Tree Removal Permit. Commissioners were informed that approval of the resolution would give the applicant two more years, but that if conditions persist (i.e., high interest rates and construction costs) it may preclude the developer from building of the project in the future as well. Alan Chuong, applicant, stated frustration for not starting project. Informed Commissioners that it is a matter of when, not if, the project gets built. Have every intention to move forward with the project. Commissioners stated that they hope conditions improve so that the project can proceed and the homes can be built. Motion: Upon motion by Commissioner Buchbinder, seconded by Commissioner Kamkar, the Planning Commission motioned to grant approval of Reso No. 4706 granting an extension of the time extending the approval period of a previously approved Site and Architectural Review Permit with a Density Bonus and Tree Removal Permit that allows for the construction of a three-story, 60-unit apartment building with an existing 180-unit apartment community (The Franciscan) located at 601 Almarida Drive., for an additional two (2) years. Project File no.: PLN-2024-44, by the following roll call: AYES: Krey, Buchbinder, Kamkar, Zisser, Majewski NOES: None ABSENT: Fields, Ostrowski ABSTAIN: None NEW BUSINESS 5. Amending the Start Time of the Planning Commission to 7:00 PM (Resolution/Roll Call Vote) Planning Commission consideration of a resolution amending the start time of regularly scheduled public hearings to 7:00 PM. File No. PLN-2024-72 Recommended Action: Adopt a Resolution, amending the start time of regularly scheduled public hearings to 7:00 PM, beginning June 11, 2024. Campbell Planning Commission Meeting Minutes – May 14, 2024 Page 5 of 7 Commissioners were in favor of change Planning Commission meeting start time. SARC will start at 6:30 pm if short items, but if there are additional items then it will start at 6:00 pm to accommodate items. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Kamkar, the Planning Commission motioned to approve Reso. No 4707 determining that the Planning Commission of the City of Campbell adjust the meeting time from 7:30pm to 7:00pm for regularly scheduled meetings, by the following roll call: AYES: Krey, Buchbinder, Kamkar, Zisser, Majewski NOES: None ABSENT: Fields, Ostrowski ABSTAIN: None STUDY SESSION 6. Housing Legislation Update Study Session to discuss key legislation and case law pertaining to the development of housing projects. Recommended Action: That the Planning Commission receive the report and seek clarification from staff as necessary. Senior Planner Stephen Rose presented a Study Session which served to provide an overview of recently adopted state legislation and published court decisions that affect how the City plans for and regulates new housing development proposals. Senior Planner Stephen Rose presented recent cases affecting state density bonus law, including Schreiber v. City of Los Angeles which established that density bonus applicants are not required to demonstrate that “concessions or incentives” will lead to actual cost reductions, and Bankers Hill 150 v. City of San Diego which established that density bonus projects are entitled to waive development standards, even objective standards, that would prevent a project from being built “as designed”. The discussion on the use of concessions and waivers was supported by a series of case study examples. Senior Planner Stephen Rose then presented an overview of SB 684 (2023) which requires the City to ministerially consider (without a public hearing) applications for projects that result in 10 or fewer residential units and lots on properties zoned for multi-family development when meeting specified requirements. Campbell Planning Commission Meeting Minutes – May 14, 2024 Page 6 of 7 Senior Planner Stephen Rose then presented an overview of SB 4 (2023) which requires the City to ministerially consider (without a public hearing) applications for projects on land owned by qualifying faith-based or higher educational institutions when meeting specified requirements. Senior Planner Stephen Rose concluded the presentation indicating that because SB 684 (2023) and SB 4 (2023) go into effect on July 1, 2024, staff intends to return with an Interim (“Urgency”) Ordinance for adoption by the City Council in June, until such time more permanent standards can be considered as part of a more comprehensive update to the City’s adopted Multi-Family Development and Design Standards. Director Eastwood clarified for the commission that if a Developer comes in and in says that they have a design and the City’s standards do not conform to it, then they can request all kinds of waivers so that City’s standards conform to applicant’s design. They will be able to use as many waivers as they want. Chair Zisser briefly closed public hearing for a short recess. Chair Zisser opened public hearing. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Eastwood informed the Commissioners that there is an opportunity to attend the California Chapter APA Conference in Riverside on September 28, 2024. Commissioners who attended the Planning Commissioners Academy were reminded to submit receipts for their expenses due to their attendance. Senior Planner Rose is assisting with a State Award application There will be a training on the State’s Levine Act related to financial disclosures and form 700. The Building Division has hired a Plan Check Examiner The Housing Division is going through its final steps of hiring an Unhoused Specialist The Robson Homes Project was approved. The Cresleigh project is also moving forward. ADJOURNMENT Adjourned meeting at 9:23 p.m. to the next Regular Planning Commission Meeting on Tuesday, May 28, 2024, in the City Hall Council Chambers, 70 North First Street, Campbell, California and via telecommunication. Campbell Planning Commission Meeting Minutes – May 14, 2024 Page 7 of 7 PREPARED BY: _______________________________ Ken Ramirez, Administrative Analyst APPROVED: ______________________________ Alan Zisser, Chair ATTEST: ________________________________ Rob Eastwood, Secretary Alan Zisser (Jun 4, 2024 21:14 PDT) 5-14-24 PC meeting minutes Final Audit Report 2024-06-05 Created:2024-06-04 By:Ken Ramirez (kenr@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAE0falB4Gcfd0vPAbnHS47A1SF2K4R2ew "5-14-24 PC meeting minutes" History Document created by Ken Ramirez (kenr@campbellca.gov) 2024-06-04 - 7:00:31 PM GMT Document emailed to Ken Ramirez (kenr@campbellca.gov) for signature 2024-06-04 - 7:00:36 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2024-06-04 - 7:00:36 PM GMT Document emailed to Alan Zisser (alanzisser@gmail.com) for signature 2024-06-04 - 7:00:36 PM GMT Email viewed by Ken Ramirez (kenr@campbellca.gov) 2024-06-04 - 7:01:11 PM GMT Document e-signed by Ken Ramirez (kenr@campbellca.gov) Signature Date: 2024-06-04 - 7:01:22 PM GMT - Time Source: server Email viewed by Rob Eastwood (robe@campbellca.gov) 2024-06-04 - 9:11:57 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2024-06-04 - 9:12:37 PM GMT - Time Source: server Email viewed by Alan Zisser (alanzisser@gmail.com) 2024-06-05 - 4:13:26 AM GMT Document e-signed by Alan Zisser (alanzisser@gmail.com) Signature Date: 2024-06-05 - 4:14:14 AM GMT - Time Source: server Agreement completed. 2024-06-05 - 4:14:14 AM GMT