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PC Min - 05/28/2013CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of May 28, 2013, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Reynolds and the following proceedings were had, to wit: MAY 28, 2013 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Philip C. Reynolds, Jr. Paul Resnikoff Pam Finch Elizabeth Gibbons Bob Roseberry Commissioners Absent: Staff Present: APPROVAL OF MINUTES Commissioner: Commissioner: Community Development Director: Associate Planner: City Attorney: Recording Secretary: Brian Brennan John Razumich Paul Kermoyan Steve Prosser William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Resnikoff, seconded by Commissioner Roseberry, the Planning Commission minutes of the meeting of May 14, 2013, were approved as submitted. (3-0-2- 2; Commissioners Brennan and Razumich were absent and Commissioners Finch and Gibbons abstained) Campbell Planning Commission Minutes for May 28, 2013 Page 2 COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no ;agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Reynolds read Agenda Item No. 1 into the record as follows: PLN2013-41 Public Hearing to consider the application of Igor Ushomirskly Starlight for a Modification (PLN2013-41) to an existing Conditional Use School Permit (UP 95-03A) to expand an existing day care serving up to 144 children (Starlight School) into an adjacent tenant space on property located at 1806 W. Campbell Avenue in a C-1 (Neighborhood Commercial) Zoning District. Staff is recommending that the project be deemed Categorically exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Reported that the applicant is seeking to modify a Conditional Use Permit for 1806 W. Campbell) Avenue. • Described the site as being located within the multi-tenant Kirkwood Shopping Center at the west end of the center near Campbell at Fulton. • Stated that the project site includes the existing 10,000 square foot daycare that was originally established in 1995. In 2007 a Modification was approved to allow expansion into an adjacent tenant space. • Reported that to the east of the school there is a vacant tenant space that once was occupiE;d by the Dolphin Pet Village. There is a Starbucks and Veterinary Clinic within a nearby pad building. • Said that the added floor space will provide office space, two classrooms, a multi- purpose room and a consultation room for parent/teacher meetings. With this addition, thE; school would consist of 17,515 square feet. Student count would increase from the current 144 to 180 students. • Added that the proposed hours of operation would remain 7:30 a.m. to 6 p.m., Monday thrc-ugh Friday. • Said that thE; play area is also unchanged. • Reported that a play area must provide 75 square feet of play space per child. The State allows, (and issues) waivers on the total provision of play space available as Campbell Planning Commission Minutes for May 28, 2013 Page 3 long as the number of children using the play space at any given time meets that 75 square foot per child provision of space standard. • Said that to accomplish that minimum play space per child requirement, staggered play times will be scheduled. • Reported that Conditional Use Permits are issued for uses that may be unique or could cause impacts. Issuance of a CUP requires a discretionary review to ensure that a use protects the integrity and character of the City. • Added that 'the Commission must weigh the impacts of this expansion against the public need and benefit. • Said that thE; General Plan land use designation is Neighborhood Commercial as is the Zoning of C-1 (Neighborhood Commercial). Allowed uses include retail, office, and service related uses that serve the general neighborhood. • Reported that staff has found this use to be in furtherance of the General Plan policies. • Admitted that there had been concern about the loss of existing retail space and the potential) of developing an imbalance of uses at this shopping center. However, staff is supportive of this expansion due to its location on the site. Staff evaluates the impacts on adjacencies. • Advised than Chair Reynolds had brought forth a question to staff. He asked if this use might potentially be contrary to the standards of the Federal Firearms Dealer Permit that has been adopted by the City since Big5 sells firearms. • Said that staff believes there is limited impact by Big5 on this daycare since the children are always under direct supervision when brought onto and off the site. That is the intent of those regulations. • Assured that staff is confident that this use is compatible with its adjacent uses. • Said that traffic and parking is also evaluated. The city's Traffic Engineer evaluated this proposed and found that no Traffic Study was required. There will only be a minor increase in trips. The increase is by one trip in the a.m. peak and by 5 trips in the p.m. peak. • Added that there will be an additional 11 building frontage parking spaces. The parking requirement is one space for every 5 additional children and one additional space per teacher. • Pointed out that the previous retail parking demand was one space per 200 square feet that created a requirement for 36 spaces. • Reiterated that the parking demand is no different and there is adequate parking on site. • Added that ;staff and the applicant have worked to minimize any impacts including the staggering of start times. One-quarter of the students will be arriving at any given time. • Recommended that the Commission find this project to be Categorically Exempt under CEQA and that it adopts a resolution approving this Conditional Use Permit to allow this commercial daycare expansion subject to the draft conditions of approval. Commissioner Finch asked staff how long the Dolphin Pet Village space has been empty. Campbell Planning Commission Minutes for May 28, 2013 Page 4 Planner Steve Prosser replied approximately one year. Commissioner Resnikoff asked if staff considers the entire site's 681 shared spaces when evaluating an expansion such as this one. Planner Steve Prosser said that staff evaluates the change of use for each tenant space to deterrnine if the parking demand is less than that previous tenant's parking demand. He added that there has been no application recently where the parking was made deficient (based on adding a new use on site. Commissioner (Resnikoff asked if the 16 spaces at the back would be conditioned as employee parking spaces. Planner Steve Prosser said that is a site condition but not a condition of approval. Commissioner Resnikoff asked what the hours of use of the play area are. Planner Steve Prosser, upon consulting with the applicant, advised that 10 a.m. is the earliest use of the play area. Chair Reynolds opened the Public Hearing for Agenda Item No. 1. Chair Reynolds closed the Public Hearing for Agenda Item No. 1. Commissioner ~3ibbons: • Pointed out that a change from 140 children to 180 is notable. • Said that with more drop offs and pick ups, the traffic patterns inside the parking lot are notable, particularly in the morning. • Suggested that a Traffic Management Plan be required to include additional marked drop off parking spaces. This would really benefit the project. • Said that this is extending non-retail uses in this retail area. Commissioner Roseberry: • Admitted that he had similar concerns at first. • Advised that he lives near the area. • Added that the biggest parking demand in this part of the shopping center is for the gym. • Said he is concerned about the loss of commercial space and was sorry when Dolphin Pet Village left. • Pointed out. that this increase in students equals 20 to 25 percent while the increase in space is going up by 50 to 75 percent. The density of use per square foot is down a bit. The student to teacher ratio was 8 and is now 8.2. That is not significant. • Concluded that there are no major issues. Commissioner Gibbons: • Reiterated her recommendation for a Traffic Management Plan. Campbell Planning Commission Minutes for May 28, 2013 Page 5 • Pointed out that the Right Stuff gym is at it's busiest between 5 and 7 p.m. • Added that there is no pull-off place for parents to park. • Stated that it would be helpful if staff had the flexibility to require preparation of a Traffic Management Plan if problems should arise. Commissioner I~esnikoff: • Said that he has no trouble with the density. • Admitted that the bigger issue is the philosophy behind the loss of commercial space. That loss should be looked at carefully each time it is proposed. • Stated that it once again is the issue of service versus retail uses. • Cautioned that this center could lose the flavor of being a shopping center. • Reiterated that this issue needs to be looked at in the future. Commissioner f=inch: • Asked if thE: majority of parents simply drop off their kids or bring them into the school. Chair Reynolds re-opened the Public Hearing for Agenda Item 1. Mr. Igor Ushomirskly, Applicant/Representative, Star Bright School, advised that the parents walk their children into the school and sign them in for the day. Commissioner Finch asked Mr. Igor Ushomirskly the age range of the students. Mr. Igor Ushomirskly replied that they range in age from 2 through 6 years old. Commissioner Roseberry asked Mr. Igor Ushomirskly about the proposal for a Traffic Management Pllan and designated drop off zone. Mr. Igor Ushomirskly advised that there is afive-minute parking zone in place right in front already. Commissioner I~esnikoff asked Mr. Igor Ushomirskly how many such spaces there are right now. Mr. Igor Ushorirskly said that there were seven and would be 16 total with this expansion. He said he hopes the Commission will approve this request for expansion. Chair Reynolds re-closed the Public Hearing for Agenda Item 1. Commissioner Resnikoff: • Said that a clood point was made regarding drop off since everybody has to park. • Proposed that a condition of approval be added that requires additional short-term marked drop-off parking spaces be located in front of the expanded space (former Dolphin Pet Village). Campbell Planning Commission Minutes for May 28, 2013 Page 6 Commissioner (Finch agreed that these specific drop off spaces are needed to provide parents a convenient place to park for a short period of time. Chair Reynolds: • Admitted that he has a difficult time in supporting this application. • Added that he usually does not. • Expressed concern about the importance of retail and the fact the City is starting to lose some of its retail space. • Pointed out that D&J Hobby closed across the street. The Home Church site was lost as retail space. • Cautioned that the City is losing that balance between uses. • Stated that he generally is supportive of businesses' desire to expand. • Said that it is also the responsibility of the Commission to protect retail uses that equate to the community's tax base. • Reminded that Kirkwood is a shopping center. It appears to be getting away from being a shopping center and become more of a service establishment. • Said he is unable to support this expansion and that it might be better suited to a location othf~r than within a retail center. Director Paul Kermoyan: • Reported that staff included the issue of the expansion of non-retail uses in this center as part of the report for this application to generate a discussion. • Added that staff finds this expansion to be acceptable where proposed as this is a neighborhood serving center. • Said that it is a conditioned use. While there are permitted uses allowed simply with issuance of a business license, conditional uses are allowed for uses that while not prE;ferred could work with adequate conditions. • Stated that this was a question that staff hoped the Commission would consider in its deliberatiions. Questions to be considered include: When is expanding a use okay? When is expanding too much? To what extend could expansion of service be allowed k~efore it impacts what a shopping center is about? Commissioner I~oseberry: • Said that there are economic drivers. For instance, there is the question of how long a tenant space been empty. In this case, it has been more than a year. • Added that factors such as that must also be balanced. • Stated that this daycare is successful. People use it and need it. • Pointed out that with many two-income families where both parents are working, there is need for this service. • Reminded that the previous retail use, Dolphin, wasn't making it and closed. Economic viability must be considered. • Stated that one could question why this space didn't draw a new retail use. Were the rents toc- high? Did people not go to that part of the center? • Agreed that the loss of retail is of concern. Campbell Planning Commission Minutes for May 28, 2013 Page 7 Commissioner ribbons: • Said that there is a very fine line between the Planning Commission's scope of responsibility. Whether or not a tenant space remains empty is not within the scope. • Added that additional questions can be raised such as, "Is this retail space still empty because the daycare is next door thus limiting the viability of that space for retail use?" • Said that the only reason she is okay with this application is that it completes the use of this building. There is a demand for its services. This is a difficult neighborhood for retail. That's the only reason she is okay with this one. It completes the building. This is a stand-alone building where it is situated on site. • Concluded that she can support this but just. Commissioner Resnikoff: • Stated that he has a similar opinion. This service use is encroaching on retail space. If this daycare was coming in now as a new use, it might be different. • Added that such considerations should be taken when creating a use rather than when dealing with proposed expansion of an existing use. • Admitted that he was uncomfortable predicting the viability of a new business going into a tenant space. • Said that hE, was comfortable supporting this request for expansion but was not thrilled about the thought of seeing this same transition of retail to service uses occurring at other shopping centers in Campbell. Chair Reynolds: • Asked the City Attorney whether the Commission could limit this modification request as the last "service" business to be located in this shopping center? City Attorney ~JVilliam Seligmann responded that the Commission could attach a condition of approval to this specific Use Permit but it would not preclude other applicants from applying to establish new service uses in this center. Chair Reynolds said that some good arguments have been made. Director Paul Kermoyan suggested adding language in the evidentiary findings indicating that the Planning Commission recognizes that this particular use has grown into its full potential at this location. Chair Reynolds said he was comfortable with that language. He admitted that he just fears the loss of retail space in Campbell. Retail represents the City's lifeline. He stated that with that finding, he could support this. Director Paul Karmoyan said that added finding helps capture that discussion. Commissioner IResnikoff reminded that each application is looked at on its own merits and based on conditions at that time. He said that this finding has no "teeth". Chair Reynolds agreed that the finding has no "teeth" but rather is just advisory. Campbell Planning Commission Minutes for May 28, 2013 Page 8 Commissioner ~~ibbons: • Suggested the added language to Finding 2, "...the project is expanding into the adjacent retail land use." • Suggested that the applicant work with the Community Development Director in the event that a Traffic Management Plan is required including the assignment of additional five-minute drop off spaces to be available between the hours of 8 a.m. and 6 p.m. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Resnikoff, the Planning Commission adopted Resolution No. 4104 approving a Modification (PLN2013-41) to a previously approved Conditional Use Permit (UP 95-03A) to allow the expansion of an existing daycare, subject to the findings and conditions of approval as modified: • Add a sentence to Finding 2 to indicate that the transition of this space into service use encroaches on a predominately retail center. • Add to Condition 6 that a Traffic Management Plan may be required by the Community Development Director if problems arise. Initially, the applicant is to identify additional five- minute parking spaces to be available for the drop off of children during the hours of operation of the daycare by the following roll call vote: AYES: Finch, Gibbons, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Brennan and Razumich, ABSTAIN: None Chair Reynold; advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *~* REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan offered the following updates in addition to his written report: • Elaborated on Item C advising the Commission that Council would conduct a study session to discuss the Housing Element Update. The City is in its 7th year of its existing Housing Element. The purpose of this study session is to begin the process of iupdating this current Housing Element. This task is part of the Work Plan for they Planning Division. By December 2014, the City must adopt its new Housing Element. • Provided some background on the RHNA (Regional Housing Number Assessment) and past delbates on methodology. • Explained ti-~e update process and the scope of issues. • Reported that Item D references a study session to consider a process to deal with unique use:> that don't currently fit into the Zoning Code. What will be debated is Campbell Planning Commission Minutes for May 28, 2013 Page 9 whether it is. a good idea to initiate a Temporary Conditional Use Permit process in order to build a process that provides more certainty. Staff will ask Council whether or not they want to see the establishment of a Temporary CUP process. If they do, this item would be added to the Work Plan for next year. Said that thE; Commissioners can attend these Council study sessions. Commissioner Gibbons reported that the most educational part of the last Housing Element Update process for her was the understanding that a Housing Element is simply intended to demonstrate how a City can accommodate its required number of housing units. ADJOURNMENT The Planning Commission meeting adjourned at 8:17 p.m. to Planning Commission Meeting of June 11, 2013. SUBMITTED B'Y: Corin Shinn, Recording Secretary, APPROVED Bl~: ATTEST: the next Regular