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2024.7.23 PC Min PLANNING COMMISSION REGULAR MEETING MINUTES Tuesday, July 23, 2024 I 7:00pm City Hall Council Chamber CALL TO ORDER The Regular Planning Commission meeting of July 23, 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 Stephen Rose, Senior Planner Tracy Tam, Associate Planner Larissa Lomen, Assistant Planner Nishant Seoni, Contract Planner Eloiza Murillo-Garcia, Housing Program Manager Roger Storz, Senior Civil Engineer Matthew Jue, City Traffic Engineer Ken Ramirez, Administrative Analyst APPROVAL OF MINUTES 1. Approval of Minutes of June 25, 2024 (Roll Call Vote) Planning Commissioners Present: Alan Zisser, Chair Matt Kamkar, Vice Chair Maggie Ostrowski Michael Krey Davis Fields Adam Buchbinder Cori Majewski Planning Commissioners Absent: None Campbell Planning Commission Meeting Minutes – July 23, 2024 Page 2 of 12 ➢ Meeting Minutes, 6/25/2024 (Regular Meeting) Meeting minutes approved. Commissioner Buchbinder and Majewski abstained. COMMUNICATIONS AGENDA MODIFICATIONS OR POSTPONEMENTS Commissioners received Desk Items regarding Item 5 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 – all except Kamkar visited Virginia Project. Zisser visited Pennylane Project, El Guapo’s restaurant and had a general conversation regarding the item. 2. 1361 Peggy Avenue – Site and Architectural Review (Resolution/Roll Call Vote) Public Hearing to consider the request of Sunghwa Kang to allow the demolition of an existing 1,336 square-foot single-family residence and the construction of a new approximately 2,621 square-foot single-family residence and 595 square-foot statewide exempt attached ADU on property located at 1361 Peggy Avenue. The application under consideration is a Site and Architectural Review Permit. File No.: PLN-2023-89. Staff is recommending that this item be deemed Categorically Exempt from CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Nishant Seoni, Contract Associate Planner. Recommended Action: That the Planning Commission adopt a resolution approving a Site and Architectural Review Permit. Contract Associate Planner Nishant Seoni presented staff report to consider the request of Sunghwa Kang to allow the demolition of an existing 1,336 square-foot single-family residence and the construction of a new approximately 2,621 square-foot single-family residence and 595 square-foot statewide exempt attached ADU on property located at 1361 Peggy Avenue. Campbell Planning Commission Meeting Minutes – July 23, 2024 Page 3 of 12 Commissioners asked about impacts to sidewalk and what the applicant would be obligated to do improve. Commission asked the SARC Committee to present a report on items covered during SARC meeting review. Commissioners supportive of project. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Kamkar, the Planning Commission motioned to grant approval of Reso No. 4712 granting an approval of a Site and Architectural Review Permit to allow the demolition of an existing 1,336 square-foot single-family residence and the construction of a new approximately 2,621 square-foot single-family residence on property located at 1361 Peggy Avenue. Project File.: PLN-2023-89, by the following roll call: AYES: Krey, Fields, Ostrowski, Kamkar, Zisser, Majewski, Buchbinder NOES: None ABSENT: None ABSTAIN: None 3. 1001 Audrey Avenue – Site and Architectural Review Permit (Resolution/Roll Call Vote) Public Hearing to consider the request of Shailesh Naik to allow the demolition of an existing single-family residence and detached garage and the construction of a new 4,495 square foot two-story single-family home with attached 2 car garage and front and rear covered porches on property located at 1001 Audrey Avenue. The application under consideration is a Site and Architectural Review Permit. File No.: PLN-2024-26. Staff is recommending that this item be deemed Categorically Exempt from CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Nishant Seoni, Contract Associate Planner. Recommended Action: That the Planning Commission adopt a resolution approving a Site and Architectural Review Permit. Contract Associate Planner presented staff report to consider the request of Shailesh Naik to allow the demolition of an existing single-family residence and detached garage and the construction of a new 4,495 square foot two-story single-family home with attached 2 car garage and front and rear covered porches on property located at 1001 Audrey Avenue. SARC member Fields presented SARC report and what was discussed. Commissioners received clarification from City Attorney that a tree from a neighboring residence can be trimmed so long as it does not damage the vitality of the tree, even if it is leaning over the house. Architect representing the applicant stated that privacy concerns were a priority during the design of the project and ensured the Planning Commissioner there will be privacy trees Campbell Planning Commission Meeting Minutes – July 23, 2024 Page 4 of 12 planted and that the project design was conservative with measurement limitations. Stated that they trusted the recommendations from the landscape architect on the suggested number of trees that would be planted. Commissioners were supportive of project. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Fields, the Planning Commission motioned to grant approval of Reso No. 4713 granting approval of a Site and Architectural Review Permit to allow the demolition of an existing single-family residence and detached garage and the construction of a new 4,495 square-foot two-story single-family home with attached 2 car garage and front and rear covered porches on property located at 1001 Audrey Avenue. Project File.: PLN-2024-26, by the following roll call: AYES: Krey, Fields, Ostrowski, Kamkar, Zisser, Majewski, Buchbinder NOES: None ABSENT: None ABSTAIN: None 4. 103 S. First Street – Site and Architectural Review Permit (Resolution/Roll Call Vote) Public Hearing to consider the request of Edwin Bruce Associates on behalf of Casco Properties to allow the replacement of siding material along with the installation of shade canopies over existing balconies for a duplex on property located at 103 S. First Street. The application(s) under consideration includes a Site and Architectural Review Permit. File No.: PLN-2024-64. Staff is recommending that this item be deemed Categorically Exempt from 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: That the Planning Commission adopt a resolution approving a Site and Architectural Review Permit. Assistant Planner Larissa Lomen presented staff report to consider the request of Edwin Bruce Associates on behalf of Casco Properties to allow the replacement of siding material along with the installation of shade canopies over existing balconies for a duplex on property located at 103 S. First Street. SARC reported that main discussion would be on compatibility and exterior, nonstructural aesthetic changes. Assistant Planner Lomen clarified for the commission that until the City’s municipal code is updated future modifications would require SARC review. Applicant was present to answer any questions but did not have anything to add. Campbell Planning Commission Meeting Minutes – July 23, 2024 Page 5 of 12 Commissioners were in support of the project but did not believe that an item of this nature should be coming before the Planning Commission for approval. Motion: Upon motion by Commissioner Ostrowski, seconded by Commissioner Fields, the Planning Commission motioned to grant approval of Reso No. 4714 granting approval of a Site and Architectural Review Permit to allow the replacement of siding material along with the installation of shade canopies over existing balconies for an existing duplex on property located at 103 S. First Street. The applications(s) under consideration include a Site and Architectural Review Permit. Project File.: PLN-2024-64, by the following roll call: AYES: Krey, Fields, Ostrowski, Kamkar, Zisser, Majewski, Buchbinder NOES: None ABSENT: None ABSTAIN: None Chair Zisser request a brief break for 5 minutes at 8:00pm. Chair Zisser opened Public Hearing and called back to order at 8:06pm. 5. 320 Virginia Avenue – Minor Housing Development Permit Project and Tentative Vesting Subdivision Map (Resolution/Roll Call Vote) Public Hearing to consider the application by Valley Oak Partners on behalf of VOP Ref Virginia, LLC to allow the construction of forty (40) unit townhome style condominium units and creation of 6 private lots and 9 common lots, with associated site improvements; and use of Density Bonus Law waivers and a concession from the Zoning Code and Multi-Family Development and Design Standards (MFDDS), on property located at 320 Virginia Avenue. The application(s) under consideration includes a Minor Housing Development Project Permit and Tentative Vesting Subdivision Map, with use of Density Bonus Law (DBL) submitted under an SB-330 preliminary application filed in compliance with Government Code § 65941.1. File No.: PLN-2023-157. Staff is recommending that this item be deemed Categorically Exempt from 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 approving a Minor Housing Development Project Permit and Tentative Vesting Subdivision Map with use of Density Bonus waivers and a concession. Associate Planner Tracy Tam presented staff report to consider the application by Valley Oak Partners on behalf of VOP Ref Virginia, LLC to allow the construction of forty (40) unit townhome style condominium units and creation of 6 private lots and 9 common lots, with associated site improvements; and use of Density Bonus Law waivers and a concession from the Zoning Code and Multi-Family Development and Design Standards (MFDDS), on property located at 320 Virginia Avenue. Campbell Planning Commission Meeting Minutes – July 23, 2024 Page 6 of 12 Matthew Jue, City Traffic Engineer, stated that the project was consistent with the General Plan and therefore it was exempt from further transportation analysis as the impacts were analyzed in the General Plan Environmental Impact Report (EIR). There are two criteria for numbers of service. Data for this project showed that this project was well below the threshold requiring a traffic analysis. City Attorney clarified for the Planning Commission the difference between a waiver and a concession. Concessions effect the financial feasibility of the project whereas a waiver effects the physical feasibility of the project. City Attorney clarified for the Planning Commission that if the Planning Commission were to deny the application, the applicant can sue the City and the Court can order the City to reconsider the denial of the application. Director Rob Eastwood clarified for the Planning Commission that under state law the City can only apply objective standards to housing. A density bonus project can claim unlimited waivers. Bar is low and it is project as designed as noted in the court decision of Bankers Hill v. San Diego. Associate Planner Tracy Tam clarified for the Planning Commission impacts to solar panels are not analyzed under CEQA and the Solar Shade Control Act is applicable when there are trees and shrubs that are adjacent to the project site. Further, the city does not have any objective standards that require analysis of impacts to solar panels. The item was not required to come before the Planning Commission earlier for review. The City is also not required to request from the applicant the financial substantiation for the requested waivers. Matthew Jue, City Traffic Engineer, informed the Planning Commission that there is a neighborhood traffic program that is offered by the City. The website has a step by step process that will guide the neighborhood on the process. Associate Planner Tracy Tam informed the Planning Commission that it is not feasible to make changes to the project based on subjective standards and state law states that housing projects can only be held to objective standards. Applicant, Jim Sullivan, spoke and stated that 40 units was the lowest number of units they could build on the prooperty. Jim also stated every unit will have a 2- car garage and the project is providing 6 parking spaces over the minimum required in Density Bonus Law. Project has 35% of space as open space. Units include two-bedroom units (12 of which are 1400 sq. ft.) and other units will range from 1800 -2400 sq. ft. and those will be four- bedroom units. Looking at waivers so that units have front entries along Virgina Ave. Property was purchased in October of 2021. Attempted to meet the spirit of MFFDS and Campbell Planning Commission Meeting Minutes – July 23, 2024 Page 7 of 12 seriously looked at any potential privacy concerns. All units will be metered with individual solar panels. Hexagon, traffic study consultant, advised that curbs located near the proposed driveways will be painted red . The neighborhood can put in a request for traffic calming measures. The units will be privately owned and the common spaces will be maintained by an HOA. Roger Storz, Senior Civil Engineer, informed the Planning Commission that a number of the trees along Virginia Avenue were in poor shape. The current trees on site are not the right type and they are old and deceased. It’s the right time to plant the right trees under those power lines. Chair Zisser opened the public hearing for comment. Natalya Flom, neighbor, voiced a complaint to Planning Commission, stated that she did not receive notification of public hearing. She cited concerns with impacts to street parking and because of that, difficulties of getting into her driveway. Christine Sun, neighbor, stated that when there is an event, the entire street is full of cars. Over 100 cars that could overflow to the adjacent streets. Rather than seeing green space would rather see extra parking. Expressed that residents would not have the angles on the sidewalks necessary to get into their driveway. Tom Wagner, neighbor, stated that he wants to focus on privacy, have not heard any accommodations for privacy. Huge proponent of high density. Stated that the developer is unwilling to consider their privacy concerns. Sandy Hames, neighbor, stated that the main concern is privacy. Units will have a tiny back yard, there’s no space to put extra trees on their current property. Concerned to lose privacy. Requesting that the location of the backyard to be moved. Wants a traffic study to evaluate Budd Avenue. Requesting for privacy trees to be planted on the project site. John Matthew, neighbor, stated that he sees people speeding through stop sign. Protect the people of what you are approving. Has questions about when the traffic study was done. Chris Mikkelsen, neighbor, stated that the parking is grossly underestimated. Development will impact overflow parking onto the street. Want to reiterate traffic safety concerns. Kathy Mastrini, neighbor, stated that she has concerns about getting out of the driveway in the morning. Christopher street has not been acknowledged as to their impact. Would like to have parking consideration for their neighbors. Campbell Planning Commission Meeting Minutes – July 23, 2024 Page 8 of 12 Charles Gibson, neighbor, stated that it would behoove the commission to listen to the residents. Visitor parking will become resident parking by owners of townhomes. Biggest issue will be during the construction phase. Fearful streets will be inundated with construction vehicles and equipment. How are developers going to take precautions during the construction phase. Raja Pallela, stated there is no more single-family zoning, reality of California housing crisis. Project being proposed is of lower density. There was a lot of process during the housing and General Plan update and if we need to keep having a lot of process, not sure what precedent is being set to what we have agreed to do to help the housing crisis 2 years ago. City has power to put parking restrictions on the street. Recognized Campbell’s Planning Division for the award they received. Applicant, Jim Sullivan, responded and stated that he knocked on neighbor’s doors and found that was the most effective way to communicate with the community. Tried to address concerns of residents. Tried to work with Planning Division staff to identify creative solutions. Willing to work with planning to do what’s possible. Redesigning is not possible right now. Chair closed public comment. Director Robert Eastwood informed the Planning Commission that there is no requirement that housing projects go through pre-application review process. Most commissioners were in favor of project. Recommend that the community and City look at traffic calming measures for the community. Happy to see that housing is being built on an identified Housing Opportunity site. Majority believe that that it is a good project with good design. Important that the City and Planning Commission follow through with what is lawful. This is an easing of Campbell to larger projects. City Attorney informed Planning Commission that the law states that the Planning Commission cannot apply conditions to the application unless the conditions are based on objective criteria as well. Motion: Upon motion by Commissioner Buchbinder, seconded by Commissioner Krey, the Planning Commission motioned to grant approval of Reso No. 4715 granting approval of a Minor Housing Development Project Permit with use of Density Bonus Law (DBL) waivers and a concession from the Zoning Code and Multi- Family Development and Design Standards (MFDDS) to allow construction of a 40-unit townhome style condominium units across 6 buildings, with associated site and landscaping improvements; and a tentative vesting subdivision map to allow creation of 6 residential lots, 9 common lots, and related public and private Campbell Planning Commission Meeting Minutes – July 23, 2024 Page 9 of 12 easements, on property located at 320 Virginia Avenue. Project File.: PLN-2023- 157, by the following roll call: AYES: Krey, Fields, Ostrowski, Zisser, Majewski, Buchbinder NOES: Kamkar ABSENT: None ABSTAIN: None 6. 1940 Hamilton Avenue – Conditional Use Permit (Resolution/Roll Call Vote) Public Hearing to consider the request of Modulus on behalf of Trevor Zink to establish a child daycare center, (“commercial child day care center”) within an existing office building on property located at 1940 Hamilton Avenue. The application(s) under consideration includes a Conditional Use Permit. File No.: PLN-2024-55. Staff is recommending that this item be deemed Categorically Exempt from 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: That the Planning Commission adopt a resolution approving a Conditional Use Permit. Assistant Planner Larissa Lomen presented staff report to consider the request of Modulus on behalf of Trevor Zink to establish a child daycare center, (“commercial child day care center”) within an existing office building on property located at 1940 Hamilton Avenue. Commissioners received clarification that proposal will meet the child care requirements set forth by the State, County, and Fire District as conditioned. Additional licensure will be required by the State outside the City’s purview. Commissioners supportive of project. Applicant present had nothing to add. Motion: Upon motion by Commissioner Buchbinder, seconded by Commissioner Kamkar, the Planning Commission motioned to grant approval of Reso No. 4715 granting approval of a Conditional Use Permit on property located at 1940 Hamilton Avenue. The application under consideration includes a Conditional Use Permit. Project File.: PLN-2024-55, by the following roll call: AYES: Krey, Fields, Ostrowski, Kamkar, Zisser, Majewski, Buchbinder NOES: None ABSENT: None ABSTAIN: None Campbell Planning Commission Meeting Minutes – July 23, 2024 Page 10 of 12 7. 266 E. Campbell – Conditional Use Modification Permit (Resolution/Roll Call Vote) Public Hearing to consider the request of TOPA Architecture on behalf of Margery Raffanti to formalize outdoor seating within a rear patio of an existing quick service restaurant with onsite alcohol sales and late-night hours (El Guapo's), on property located at 266 E. Campbell Avenue. The application(s) under consideration includes a Conditional Use Modification Permit. File No.: PLN-2023-129. Staff is recommending that this item be deemed Categorically Exempt from 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: That the Planning Commission adopt a resolution approving a Conditional Use Modification Permit. Commissioner Ostrowski left the Public Hearing, would be absent for the remainder of the Public Hearing. Assistant Planner Lomen presented staff report to consider the request of TOPA Architecture on behalf of Margery Raffanti to formalize outdoor seating within a rear patio of an existing quick service restaurant with onsite alcohol sales and late-night hours (El Guapo's), on property located at 266 E. Campbell Avenue. Commissioners received clarification that there had but no noise complaints or objections from Police Department on the proposal. Commissioners were reassured that the back patio area would be safe for customers and there were no traffic collision concerns as the rear alley does not serve as a thoroughfare, but rather a parking lot access where traffic speeds are low. Commissioners were in support of project. Motion: Upon motion by Commissioner Kamkar, seconded by Commissioner Fields, the Planning Commission motioned to grant approval of Reso No. 4717 granting approval of a Conditional Use Permit to formalize outdoor seating within a rear patio of an existing quick service restaurant with a full-service bar and late-night hours (El Guapo’s), on property located at 266 E. Campbell Avenue. The Application(s) under consideration includes a Conditional Use Permit. Project File.: PLN-2023-129, by the following roll call: AYES: Krey, Fields, Kamkar, Zisser, Majewski, Buchbinder NOES: None ABSENT: Ostrowski ABSTAIN: None 8. Inclusionary Housing Ordinance & Nexus Study (Resolution/Roll Call Vote) Public Hearing to consider amendments to Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code that would lower the inclusionary housing requirement Campbell Planning Commission Meeting Minutes – July 23, 2024 Page 11 of 12 threshold to five units (currently 10 units) and change the method in which in-lieu fees and inclusionary housing requirements are calculated in addition to other changes. This item is associated with, and supported by, an Affordable Housing Nexus Study that serves to evaluate changes to the City’s inclusionary housing requirement threshold and in-lieu fee, and the establishment of new commercial linkage fees. File No.: PLN-2023-85. Staff is recommending that this item be deemed Categorically Exempt from CEQA. Tentative City Council Meeting Date: August 20, 2024. Project Planner: Stephen Rose, Senior Planner. Recommended Action: That the Planning Commission adopt a resolution recommending adoption of an Ordinance to amend Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code. Motion: Upon motion by Commissioner Buchbinder, seconded by Commissioner Kamkar, the Planning Commission motioned to move the Inclusionary Housing Ordinance & Nexus Study item to the Planning Commission regular meeting of August 13, 2024, by the following roll call: AYES: Krey, Fields, Kamkar, Zisser, Majewski, Buchbinder NOES: None ABSENT: Ostrowski ABSTAIN: None REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Eastwood updated the Planning Commission with the following: • The Llewelyn project was approved by City Council • City Council approved an emergency ordinance and standards in place • Distributed an RFP in Hamilton Avenue Precise Plan. • Approved wireless tower approved by Planning Commission was denied by City Council. • Can talk about how to put items on consent • Item on the workplan for FY23 is to consider the use of SARC. • Planning Department received the State’s award of excellence • Department was awarded the State’s Sustainable Transportation Planning Grant. Chair Zisser encouraged all commissioners to view the latest City Council meeting and view City Council’s comments as to why they rejected wireless tower facility application that the Planning Commission approved. Campbell Planning Commission Meeting Minutes – July 23, 2024 Page 12 of 12 ADJOURNMENT Adjourned meeting at 11:43 p.m. to the next Regular Planning Commission Meeting on Tuesday, August 13, 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: ________________________________ Rob Eastwood, Secretary Alan Zisser (Oct 23, 2024 17:32 PDT) Ken Ramirez (Oct 24, 2024 13:21 PDT) Ken Ramirez 7-23-24 PC meeting minutes Final Audit Report 2024-10-24 Created:2024-10-23 By:Ken Ramirez (kenr@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAuEMUCYQY-ECZ6hfsR1O6LB43lfwPQ4Aa "7-23-24 PC meeting minutes" History Document created by Ken Ramirez (kenr@campbellca.gov) 2024-10-23 - 5:17:16 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2024-10-23 - 5:19:02 PM GMT Email viewed by Rob Eastwood (robe@campbellca.gov) 2024-10-23 - 5:48:22 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2024-10-23 - 5:48:30 PM GMT - Time Source: server Document emailed to Alan Zisser (alanzisser@gmail.com) for signature 2024-10-23 - 5:48:32 PM GMT Email viewed by Alan Zisser (alanzisser@gmail.com) 2024-10-24 - 0:31:43 AM GMT Document e-signed by Alan Zisser (alanzisser@gmail.com) Signature Date: 2024-10-24 - 0:32:27 AM GMT - Time Source: server Document emailed to Ken Ramirez (kenr@campbellca.gov) for signature 2024-10-24 - 0:32:29 AM GMT Email viewed by Ken Ramirez (kenr@campbellca.gov) 2024-10-24 - 8:21:17 PM GMT Document e-signed by Ken Ramirez (kenr@campbellca.gov) Signature Date: 2024-10-24 - 8:21:26 PM GMT - Time Source: server Agreement completed. 2024-10-24 - 8:21:26 PM GMT