Planning Commission - Regular Meeting

Hi everyone. Thank you for having me here. Mostly stay muted because I have a sleeping kid here, but I am here. Mike, thank you. Good evening. By way of introduction, my name is Matt Concor and I'm the chair of the planning commission. Uh, I'd like to call to order the meeting of June 10th, 2025. Can we have a roll call, please? Commissioner Scissor here. Commissioner Majuski here. Commissioner Ostroski here. Commissioner Buckbinder present. Commissioner Craig absent. Vice Chair Fields present. Chair Kemper present. Thank you. We next move on to minutes. Has everyone had a chance to review the minutes?

Are there any corrections? Yes, Commissioner. Yes. on the uh section about commissioner feedback on the study session. This is page five of six of the minutes. Um I don't see one of the things that the planning commission uh the staff wanted feedback on was moving from threeyear to fiveyear uh uh timing on the uh length of the application being viable. Right? Is that am I saying that right? Right. So, so there's nothing in here that suggests that we were either had a consensus or a disagreement or varying views on it, but I know that some of us talked about I I personally didn't think the five-year needed to be required because we have the option on a on a on a an individual basis to give extensions. But I don't recall I don't think everybody commented on that. I think some people commented on, but I'd like to see that included since that was one of the things that the staff asked us to uh uh give feedback on. You all recall, you recall that from the three whether we should go from threeear to five year? I do remember talking about it. The actual extension I don't remember but I did because talking about stuff. Yeah, I'll just say I went through the minutes pretty thoroughly with because we want to make sure the council hears the feedback you had and my my notes was reconciled with the minutes. I mean, you had broad positive feedback on generally on the measures. We didn't get a lot of specific feedback on that item. So, the minutes just reflected that. Okay. I I I guess my question is why

isn't there something in here that states what the commission's comments were on it or uh feedback on it? we got like seven different points on feedback, but that and that was one of the things that the staff specifically asked us to provide feedback on. So, you know, if if I think there should be another bullet that at least, you know, I commented on it saying that I didn't think it was necessary to go five years. if any of their commissioners want to speak up but say, "Well, yeah, I think I said yeah, then I think we should have a bullet on it." Okay. So that it gets transmitted, you know, as feedback from the commission to the council without rather than not having any. Yeah, I would I would say we should uh we should add that as an amendment to the minutes just so it's reflected. And uh to me these are parts of the lowest hanging fruits of things we could do to um spur development. Yeah, I'm not debating it now. I'm just saying we had the study session. They asked us for feedback. They put they put some of the feedback down. It's pretty brief, but that specific one was actually listed as one of the things that they were supposed to talk about and we did talk about it and there's nothing referencing in the minutes to that. That's that's a good point. How are the minutes generated now? I know we had conversations about different or different sources of generating. Yeah, I'll have Ken jump in if I'm missing anything. So, we uh we have looked to streamline them. Uh we take the direct transcript takes all every verbatim all the words you say during the meeting. uh we do use an AI uh assist to to summarize that and from

that Ken looks at them and staff looks at them to polish the financed. It's true. That's been our approach for a few few years now. Action minutes generally are industry standard for minutes. Okay. Um, uh, Adam, thank you. The only thing I'd like to add is that I want to emphasize that I think that the range of opinion about inclusionary um, inclusionary zoning and BMR mandates went from we should keep them as is to we should get rid of them entirely. like specifically that inclusionary zoning requirements beyond what's useful for state potency bonus doesn't like is removing more housing than it adds. I want to would like to make that clear in the minutes. So Adam, are you saying that that was not covered in the minutes or I just want to make sure I understand the phrasing is mixed views on inclusionary policy structure and feasibility of BMR mandates which isn't very specific about what exactly the range of opinion on the commission was. Okay, I I agree. It's it doesn't really give any meat to the what what context we the comments were. So, yeah, again, we've talked about the the the the conciseness of the minutes and I've I've expressed some concern that it gets too concise and I think in something like a study session, I mean, it's one thing to talk about what the commissioners thought about putting a second story on a house. Okay,

it's pretty straightforward. But we had a study session about this that is about something really important on the housing and my personal opinion would be that the feed that's what we're here for. we were here to give our opinions and feedback and if if it's summarized in seven bullets doesn't seem like very much to me it's I don't know if that's a reflection on you know I mean I I know that staff has said well you know if the if in the past council wants to hear what the commission says they can look at the video of course you know the videos don't always get put up right away But but and that's a hard one. It's like yeah I don't I don't know if the council is all the council looks at the video. I think under certain circumstances like a study session where feedback isn't that's the goal then the feedback should be less concise. I don't know how to put it better that that there should be some more meat to it that that expresses we all talked about it for quite some time. I mean, we we were here talking about it for a while and and I don't know if the seven bullets reflects that and one of them isn't even in there. So, it should have been we state bullets. So, I'm just, you know, I I'm I'm putting it out there. I think there's a I I hear that there are other commissioners that have concerns about that, too. Thanks. So, um, so I I would like to have an amendment, you know, if we're going to pass the these minutes, I'd like an amendment that includes another bullet regarding that there was there were varying positions unless somebody else has a better idea. Ving positions on whether

uh the three years should be extended to five years at least that. Okay. So, so let's let's act on that first. Uh, so we have a motion for that item. Is there a second? Well, yeah, you can just get a a consensus on whether the amendment is okay. I think I think so. Okay. So, we have a motion. We have a second. Let's do a quick roll call on the eight bullet and then we will address Adam's point. Mr. Scissor. Uh I Commissioner Majuski. Hi, Commissioner Ostroski. Hi, Commissioner Bugander. Hi, Vice Chair Davis. I chair Kamart. Hi. Okay, so that one passes. Um and then Adam, do you have a do you have a recommended wording for the item you brought up so it would be a little bit more extensive? Sure. Sure. I would phrase that as uh views on inclusionary zoning requirements ranging from the status quo to um getting rid of them entirely. Are you suggesting that we we had a consensus on eliminating BMR? Is that what you're saying? No, I'm suggesting that the range of opinions went from keep them as they are to eliminate them entirely. Just that was the range of range of opinions. Okay, I get it. Okay, I'm I'm clear now as to what you're asking for. So, there's a motion. Is there a second? Well, there nobody did a motion. Are we going to do a motion on the

I'll move to have that replacement language in there? We can we can just do a motion that includes that amendment. We don't have to do it separately. Well, we already voted on We can do a motion on approving the minutes that includes the amendment. Okay. Okay. I I I move to approve the amend minutes of May 27th, 2025 with the the amended item that Adam just uh stated and the previously amended item that we voted on that adds a bullet on the 3 to fiveyear issue. Okay, so we have a motion. Is there a second? Second. Okay, second. Roll call, please. Commissioner Scizer. Hi, Commissioner Muski. Hi, Commissioner. Hi, Commissioner Bandra. Hi, Vice Fields. Hi, Chair Kart. I Okay, thank you. So, the minutes uh as amended are approved. Next item is communications, agenda modifications. Yeah, two things. I don't uh want to elaborate last time. I'll just offer uh hearing the commission feedback and knowing we actually put together a transcript. Happy to uh have the transcript attached when this goes to the council. See if that helps the council. I commissioners are watching videos takes a long time. There is an elegant dance to to try and summarize study sessions vagueness and too specific. But if it helps the council and make sure it they reflects truly the discussion you have, we can also attach the transcript. Uh on to this item. Uh no additional communications changes. You will note the request to continue the second agenda item we have tonight. Okay. Nothing additional. Thank you for that. Okay. Oral communications. This portion of meeting is reserved for individuals wishing to address the planning

commission on matters of committee 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 commission from acting on non-aggendas items. However, the chair may refer to staff for follow. Having said that, is there anybody here that wants to address the commission? Seeing none, anybody online? No. Okay. So we move on to our public hearing. This one is uh conditional use permit for 980 Camden Avenue public hearing to consider the application of Dell Auto Group, DBA, Dell Exotic Autoworks to allow the installation of a vehicle spray painting booth motor vehicle painting with an existing motor vehicle repair facility on property located at 980 Camden Avenue. The application under consideration is a conditional use permit PLN number 2025-32. Staff is recommending that this item be deemed category exempt from SQA and in commission action is final unless appealed in writing to the city clerk within 10 calendar days. Uh Larissa, thank you. Thank you. Let me just try to share my screen.

Sorry about that. Thank you so much. Thanks, Ken, our administrative analyst, and thank you, uh, Chair Cam Carr. Uh the item before you tonight is a conditional use permit um PLN 202532 for a project at 980 Camden Avenue. Uh the project site is zone PD plan development. It is as you can see on the screen located at the terminus of the Camden Avenue culdeac uh between Santaas expressway and the Loscatoos Trail. Uh the project site is about a half an acre and is currently developed with a commercial building that currently operates as a motor vehicle repair facility uh that was constructed um sometime in the uh 80s. Um it's generally surrounded by other uh commercial and industrial uses. Uh so administratively a uh commercial or a motor vehicle repair facility and a uh motor vehicle uh painting uh uh activity is allowed in the general commercial light industrial land use uh through a conditional use permit. Uh by definition any motor vehicle painting is required to be located entirely within an enclosed structure. Uh this proposal to install a compliant spray booth within an existing building that already operates as a motor vehicle repair facility um will not propose any exterior changes. Um something to note uh the existing facility is non-conforming due to a lack of a cup. Uh the use was originally allowed uh by the site and architectural review permit. Um however due to a code update in 2004 uh this type of use now requires CVP. Therefore, any expansion or changes to the existing use would trigger a CUP

for the underlying land use as well. And so, as you can see, that's our permit trigger is the installation of the spray booth will increase the intensity, therefore requiring a CV for both existing motor vehicle repair facility and the paint uh use as well. Um so the proposed project as discussed is to in uh install one spray painting booth within the enclosed structure. Uh based on the project description provided by the applicant uh the uh applicant is uh projecting to have six full-time one part-time employee uh working uh on a referral basis with some walk-ins four scheduled visits per week and eight walk-ins per month. Uh spe uh specifically working on high-end personal vehicles and not commercial vehicles. Um and the existing site already has five service lifts. Uh and this will be including one new enclosed spray booth. As we can see from the uh proposed floor plan, uh highlighted in pink will be the proposed uh spray painting booth uh in addition to the existing uh vehicle lifts that are already inside. And so because the proposed spray painting booth is consistent with the light industrial zoning and general plan and it will operate entirely indoors in compliance with all the applicable standards um and is generally compatible with the surrounding uses uh and that the site is fully developed and can accommodate the use without any adverse impacts to traffic, health, safety or general welfare and also meeting the uh six required findings for the conditional use permit. It is staff's recommendation uh that the planning commission adopt a resolution approving a conditional use permit. This concludes my presentation and I can take questions at this time and the applicant is also here in the audience as well. Okay. Okay. Thank you for that. Any questions for staff? You can start from your side.

Uh yeah, I'm not clear on whether or not the spray booth is in effect or whether this is a new thing. Uh this will be a new proposed uh spray booth. Okay. So have they been doing spray painting there? Um not with a permit. Okay. So it's been they have been doing unpermitted spray painting. Uh not at this time. Um it was noted to our code enforcement that there had been a potential installation and so we did not allow that uh the applicant to continue the use after the Okay. and and although I know that there's a whole bunch of stuff that uh is is in the u in the information just just to clarify you know actually I uh we didn't advise that we had been at the site or not I went by the site yesterday um and it's right it butts up next to the the creek um and so I assume assume and I guess it's written down in here. I I noted that there are um there are uh approvals that are looked at by the what what environmental water quality agencies uh to make sure that that this is acceptable in terms of not having any any uh well I guess air too also not just water but where that where any toxic toxic toxicity from the pain either in the air or falling into the creek is avoided. Am I correct on that? Um so yes, the application has been reviewed by the uh county fire district um who noted that the um proposed uh spray booth will be located entirely within the existing structure. Uh

furthermore, there is a requirement from the uh fire district within the fire code um that says that any spray booths have a minimum of 30 foot radius from any property lines uh in order to ensure uh no runoff or carry carrying of particulates as you were mentioning. And so the proposal both was approved by the fire district and also meets the uh requirements as set forth for forth by the fire district. Uh further uh review of the spray booth will be conducted uh as listed in the conditions of approval from the uh fire district. Um the application will run through the county's hazardous materials uh reviewing board um for further um compliance. Okay. Thank you. Any questions? That answers my questions. Okay. Thank you. No questions. No questions. Okay. Uh Commissioner Bookbinder, do you have any questions? Yes, just for staff, um, in terms of what was presented with the rewrite of our city's municipal code, would this be one of those, um, minor changes that would be simplified? Um, there's a distinction here with this application in that, uh, the underlying use of the motor vehicle repair facility requires a CUP, a conditional use permit. Um, and this operation is currently non-conforming due to a lack of a conditional use permit. So, any change would trigger a new conditional use permit for the new use and also for the existing motor vehicle repair facility. Right. Under the proposed changes, would any of that be different? Uh, not to my knowledge because of this is a invoking the non-conforming section rather than a brand new use. Okay. Thank you. That was my only question. Okay. Thank you, Commissioner Bookbinder, Vice Chair.

Good. Okay. So, um I have a question. Um this is more of a collision repair or like a mechanical auto repair. You're adding um my understanding is it it's more of an auto repair working on these higherend personal vehicles. Um the applicant is in the audience if you have more questions about the exact type of repairs that they offer. Okay, perfect. So I will ask that question when they come up. Um that was basically my question. So um okay. So um we can open it to public hearing. Um any guess? No. The applicant wasn't um anticipating to speak at this hearing, but if you have any questions, they're available. I would like to hear them speak. Um so I will be inviting them. Um uh is there anybody online that would want to Nobody. Okay. So um if applicant can please come up and um we have some questions for you. Thank you. Hi. Welcome. Hi. I'm Carlos Costa. I'm the the owner of the Del Exotic Autoworks. Okay. And I'm Mario. help assisting with the application. Wonderful. So, I know I have a question, but I'm going to go and No questions. No questions. Mr. Bookbinded. Oh, Commissioner Bookbinder, do you have any questions for the applicants? No. Thank you. Thank you, Vice Chair. Just curious. I I think staff mentioned you had started installing the spray booth and then we came and said, "Hey, you need a conditional use permit." like what happened there? Could the documentation have been clear? Like just curious for our understanding like how did that happen? Yeah, we've been leasing another property called Dell

Streamline where we do our spray paint and uh and we're trying to downsize the economy and and uh we decided to bring it in house instead of subleting another property. Oh, so you you were moving something you own from a different property to I see. Okay, that I understand how that would happen. All right, thank you. Okay, and my question uh you know I will repeat it. Do you um is this more of a collision repair type facility or like a model and you know 35 years ago we'd be a collision repair center but these days we call it just paint enhancement. We're luxury cars loads. We support them. They nominate us as their Lamborghini Smart Rolls-Royce Bentley repair center. And basically we do paint correction and a lot of enhance enhancing. Um we try to avoid any heavy collisions. Um again typically just cater to the exotics the high clientele and and so on. Got it. And in your other facility is that in Campbell the the one you're downsizing? Yes. Okay. And you have had no con enforcement issues, you know, in that. No, no. Again, we're more of a niche market. We're not a production shop. Okay. Just a quick So, so did you just not think that there was when you were moving that you needed to get a new conditional use permit and that's why it kind of slipped through the cracks? the the facility actually I mean when when the facility was purchased right um it was automotive repair prior so it was just assumed basically as well that this is an auto body or automotive repair building built for automotive repair that's why the the purchase took place

um so the it was just carried on I see but you know then code enforcement said, "No, you guys need a cup um for this type of work." So, we went through the extensive or I guess semi-extensive paperwork to to get it to get it accomplished. Can you say how long that took? We've been working a permit for the other location since before co Okay, thanks. Okay, if there's no other questions, thank you. I'm going to uh close public hearing back to staff. Any clarifications? Sorry. Yes. Um I wasn't sure if this was the question about this particular permit, but just for a timeline understanding this application was submitted um on uh March 7th. this particular okay so so regarding the cup it's been two or three months uh correct two or three months wonderful thank you uh okay um so any discussions I know it it looks fine to me uh um they have a going business and I guess uh paint paint boxes are you know paint facilities are pretty common and that's a uh an area that is zoned for that. So I I see no problem with it. I'm happy to approve it. Wonderful. Any other comments? Commissioner Bwender. Um likewise, I don't see any reason why this isn't um a perfectly reasonable use for the area. Seems to be what the the zone is for.

Okay. Thank you. And my own comments are as the one of our fellow commissioners said, this is right next to the creek, so it's pretty sensitive environment, you know. Um, so it's great that it's indoors, so there's less chance of any runoff into the creek or any um uh hazardous material being transported. Um, so thank you for um complying with the codes and with the thing now. Okay. Um, I'm ready for a motion. We're missing Mike. He always does the motions. I know. Where's Okay, I'll be Mike. Um, uh, uh, I move to allow the installation of a a vehicle spray painting booth, motor vehicle painting within existing motor vehicle repair facility on property located at 980 Camden Avenue in the PD plan development zoning district. um or Galato group. Okay, second. We got a motion and a second. Uh if we can have a roll call, please. Commissioner Scissor. Uh I Commissioner Muski. Hi. Commissioner Ostroski. Commissioner Blander. Hi, Vice Fields. Hi, Chart. Hi. Okay, this motion passes unanimously. Thank you. Um, next item is U director's I guess director. Oh, that's right. The second the second um or or the third item, the second public hearing and the third item is on 600 uh East Hamilton. Do we need to take a vote to defer or we do? Yeah. Do a motion and action to continue the item. Okay. So, is there a motion to continue

that item? Uh, I'll make a motion to continue the third item, discussion of 600 East Hamilton Avenue, uh, to the meeting of June 24th. Okay. We got a motion. I second. Motion and a second. Um, roll call, please. Commissioner Scissor, I. Commissioner Muski, hi. Commissioner Strak, hi. Commissioner Buckander, hi. Vice Chair Fields. Hi, Chair Cam. Hi, wonderful. Thank you for that. And new business um planning commissioner subcommittee reports. Anybody has reports? No, I just I just I just want to comment, you know, we're overdue on a report and and we we we had some delays partly because I was a slacker, but uh the other delay now is is Mike has some personal issues that have kept us from finalizing. We're very close to where we have a draft that we'll put we'll consult with the staff and then hopefully bring it to you either the next meeting or meeting after. Okay. Okay. Thank you for that. Um uh and uh I know the other subcommittee you know we uh we will have a report as well soon but not now. uh community development director. Uh when you're so fast, I'll update you on a few things and hopefully this will get you out here before it gets started. Record time. Uh very happy report. I didn't know if I noticed this to you before. We stood up an ADA Express permitting program. So in Greenville, you can come in and apply and if you meet the qualifications aren't too hard, uh you can get a permit to build an ATU within three days. Wow. So it's kind of a land speed record. Most agencies are two to six weeks and our staff just wanted to stamp a program to help get the APUs permanent out really fast. Got a nice write up in the San Jose spotlight and then there was a little

CBS news piece on it. So happy to forward the link if you have any interest. A little kudos to our building staff for standing that up. Can I just ask so how how did the city managed to do that and make it possible? Yeah, you have to dedicate uh resources. So we had to collaborate with our fire deputy our fire marshal county fire to make sure they could dedicate the review in a short period and have our planners review in a short period in public works. We didn't want these they're pretty straightforward these days. Uh you get big houses big projects and the AUS generally are very streamlined. So we didn't want them to get stuck in the queue behind big projects. So, we just got a commitment to take them in a separate queue and we're limited to two a week so it doesn't overwhelm folks have met capacity and they just dedicate time during that two-day period to do it and push them out the door. And it um does it also uh apply to junior ads and attach? It would be. Yeah. You know, that's a good question. I I'll come back on the JDS. We didn't think about that. They're actually much easier. Um, but let me verify before I give you an answer. And the attached ads because do you require, you know, topo boundary uh surveys for some of these or because I know San Jose, you know, as long as it looks like you got your set back. I mean generally if uh and I you know I'd ask my building folks for details but generally if you have indications of where the property boundary is usually there's demarcations in this like I'm trying to remember landmarks in the street you can go off of 90% of the time the fence does indicate the side property there if there's enough to indicate out there where the property boundaries are at it's fine. We do require before they pour the foundation that actually is a surveyor does come in and verify. So

that's a check and balance just to make sure that there's not issues before you actually pour the foundation in. I know one of the things we get at at my place of work is people say I just want to know the boundary on one side and it's like it doesn't work that way. You got to do the whole Yeah. boundary and then report on the side you want. But it is not like you can just set one side you know unless pipes were in the ground for then but if but if you have to recalculate where it is then surveying from scratch is is uh very expensive and difficult. Most most of the lots in Campbell were created by track maps or subdivision maps that have reference points. Okay. Thank you for that. Uh on other news uh it is budget season. Uh the budget uh it's hitting some challenges for next year. Uh the the headline news is of course as you know um the sales tax measure uh that was passed by the voters uh there was a lawsuit over it uh that lawsuit continues and and unfortunately for the city as long as the lawsuit is active the money is escal sales tax revenue. Uh that does put a pinch on the budget. Um, so, uh, we're not there's no point of we're not at the point of any staff cuts. Uh, I know we have had to cease our temporary staffing services and community development does have quite a few. And at this point, there's a a freeze on vacancies and then community development, we have a frozen planner opening. This is Tracy Tam and a building inspection. So, we are meeting with the staff. We're likely seeing a reduction in services. We just can't manage the load there is with staff. So, and we'll absolutely let our customers know, but that's just the reality of not having enough staff to to handle the permits coming in. So, that's unfortunately the situation with the budget. Uh, two kind of good things to kind of shift away from that. Uh, one is uh uh we do uh city did hire an economic

development manager. Can't remember if that notice went out to the commission. His name is uh Nate Bonato Weinstein. He comes very well regarded from San Jose. who is the downtown manager and uh I'm going to try and get him to come and talk to you folks. Uh at some point we want to look at version 2.0 of economic development regulatory reform streamlining and hopefully he'll be a part of that. And then sometimes if there's a commercial project and there's the lens of land use and uh but there's also the lens of economic impacts uh you might see him come as Leslie did before and just sort of advise the commission on the economic development aspects of a project. And then last but not least, uh we do have another American Planning Association conference coming up. Comes up every year. Uh this one's at the end of September. It's in beautiful Monterey. So, uh it's not Fresno or other places. Maybe not as an appealing uh no offense Fresno, but uh we do have money in the budget. So, uh we will between Ken and I will push out that information to you. And if you'd like to sign up, I hope you do. And that's all I am. Very good. Thank you. Um so I think speaking of economic development has is naming rights a possibility for the city. I know like some universities they you know have people who want to have a legacy donors they so much put their name on a building you know. Oh interesting. I don't know much around you know I don't know know that exists. I don't know if that's been social or I know that exists as well. I do not know the legal basis for a public entity to do that though, but I can I can look into it. Yeah, just just as a possibility. Okay. Um unless there is any other item, any other questions? We're going to

adjourn the meeting to June 24th, 2025, 7 p.m. Thank you.