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PC Min - 09/10/2013CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 10, 2013 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 10, 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: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Commissioners Absent: None Staff Present: Planning Manager: Associate Planner: Associate Planner: City Attorney: Recording Secretary APPROVAL OF MINUTES Philip C. Reynolds, Jr. Paul Resnikoff Cynthia L. Dodd Pam Finch Yvonne Kendall Michael L. Rich Bob Roseberry Aki Honda Snelling Steve Prosser Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Finch, seconded by Commissioner Dodd, the Planning Commission minutes of the meeting of August 27, 2013, were approved with one correction. (5-0-0-3; Commissioners Kendal, Rich and Roseberry abstained) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for September 10, 2013 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Chair Reynolds welcomed new Commissioners Kendall and Rich to their first meeting as members of the Planning Commission and pointed out that Commissioner Dodd attended her first meeting on August 27tH ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS *** Chair Reynolds read Agenda Item No. 1 into the record as follows: 1. PLN2013-197 Public Hearing to consider the application of Carden Day School Carden Day fora Modification (PLN2013-197) to a previously approved School Conditional Use Permit to allow the use of modular classrooms, increase of school capacity and extend the permit approval period for an existing private school on property located at 1980 Hamilton Avenue in a P-F (Public Facilities) 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: Daniel Fama, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report as follows: • Reported that the project site is located at the First Congregational Church of San Jose located at 1980 Hamilton Avenue, on the southeast corner of Hamilton and Leigh Avenues. It is a 6.5-acre site that is zoned P-F (Public Facilities) and with a General Plan land use designation of Institutional. • Explained that a Conditional Use Permit was approved in September 2007 to allow a private school to extend before and after-school care serving children from Junior Kindergarten through 3`d graders. The before-school care begins at 7:30 a.m. and the after-school care is up to 6:30 p.m. • Advised that tonight's request is to allow for the placement of modular classroom buildings with four classrooms. This has become necessary with the recent change in the lease with the church that made some of their existing space no longer available for school use. • Added that this approval would be in effect through June 2017 and allow the expansion in student capacity from 80 to 120 and through the 5th grade. • Described the modular buildings as being prefab clad wood siding in a camel brown color. They will be repainted to better match the existing church buildings, placed in the parking lot at the rear of the site and connected to the existing buildings with a walking path. Campbell Planning Commission Minutes for September 10, 2013 Page 3 • Said that the arrival and departure circulation is via Hamilton, Leigh and Phantom Avenues. Parking and traffic review indicates a need for six additional parking spaces. The site has a shared use with the school operating Monday through Friday and the church predominately on Sunday. Staff finds that the parking on site more than accommodates the needs of the school. • Added that the a.m. peak trips are calculated to increase by 36. • Said that a Traffic Study was not conducted due to the temporary nature of this Conditional Use Permit. • Reported that SARC identified potential noise impacts from HVAC units that are proposed to be placed less than 10 feet from the shared property line. The applicant relocated the HVAC units to the other side to mitigate this concern. • Reiterated that this is a temporary proposal and these buildings are not appropriate as permanent buildings. • Said that SARC was concerned about the temporary nature and wants to see these temporary buildings removed in a timely manner. • Stated that a Condition of Approval has been drafted that requires the school to apply for a permanent solution by June 2014 with incremental milestones established. • Recommended the adoption of a resolution approving this request. Commissioner Dodd: • Pointed out that the current enrollment already exceeds the 80 allowed. • Added that the school plans to add 4t" and 5'" grades. • Cautioned that if the lower grades have higher enrollment, the next level could also go up. • Questioned whether the increase to 120 was sufficient as it allows just 20 students per class. Planner Daniel Fama deferred to the applicant for response. Commissioner Resnikoff asked for any differences in operations since 2008. Planner Daniel Fama: • Advised that there was historical use of modular buildings on this site for school use. • Added that staff saw no intensification of use at that time. • Said that the school using the site today is not the same one that used modular buildings in the past. Commissioner Resnikoff asked staff about Finding #10 that indicates a lack of significant traffic and parking impacts. Planner Daniel Fama said that reflects more that the resulting added a.m. trips are not significant. Campbell Planning Commission Minutes for September 10, 2013 Page 4 Commissioner Resnikoff clarified that the conditions require the school to start building permanent building by June 2016 and would have one year to build their permanent building by June 2017. Planner Daniel Fama said that is correct. Commissioner Rich asked if there has been any progress on the plans for permanent building between 2007 and now. Planner Daniel Fama replied somewhat. However, the school found the process to be too costly at that time and withdrew that application. Commissioner Roseberry: • Asked for the square footage of the shared rooms between the church and school. • Pointed out that Carden Daycare uses six rooms in the old building that now will just be used by the church. • Asked the differences in square footage between then and as proposed now. Planner Daniel Fama: • Deferred to the project architect to discuss space design and agreed that some space previously available to the school is being reclaimed by the church for its exclusive use. • Said that effectively their space has served 108 students and they propose an increase of up to 120 students. Commissioner Resnikoff provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project on August 27, 2013, and had several comments. • Said one concern was whether the school would be able to construct permanent structures within the four-year approval period being considered for this temporary use. Staff has created performance measures. • Said another concern was that at the end of the four years, it may be difficult to get the modular buildings removed if permanent structures have not been constructed by that time. Staff has advised that the Commission can condition a cash deposit to secure the removal if the time comes that it becomes necessary. • Expressed concern that these buildings are only a temporary solution. Staff reminded that this is a temporary approval through June 2017. • Questioned what happens if the church itself needs to expand. Staff advised that a separate Conditional Use Permit would be required for an expansion to the church itself. • Raised concern about HVAC noise impacts on adjacent residences. Staff proposed to relocate the placement of the HVAC equipment to mitigate potential for noise impacts. Chair Reynolds opened the Public Hearing for Agenda Item No. 1. Elizabeth Asadi, Applicant, Carden Day School: Campbell Planning Commission Minutes for September 10, 2013 Page 5 • Advised that she is the Director of the Carden Day School. • Thanked the Commission for taking the time to hear her application tonight as well as at the SARC meeting. • Gave a history of the school, which started 13 years ago. It was started after another school shut its doors abruptly with no warning. Twenty-five teachers were losing their jobs as a result and 170 students were registered. • Added that at that time she had been a happy parent and a library volunteer at the school. She went home and decided to open a replacement school that started with 47 students. She has dedicated the last 13 years of her life on this school so it is rather personal. • Said that she is here to manage the growth of the school and offered no excuses for overreaching their allowed head count. • Said that a few years' ago, they lost their location and split into two schools. They have been in this location for six years and call it the Lower Campus. Again, they are trying to manage their school's growth as the private school industry is competitive. • Stated that the conditions are well thought out and real severe. • Assured that they would abide by the conditions and meet the established deadlines and will follow the timeline. • Advised that they have a good relationship with the neighborhood and recently attended a neighborhood meeting at which their school was supported and cheered on. • Provided some letters of support from nearby residential neighbors backing onto the property, on Sheffield Drive and Sheffield Court. All have been there since the existence of the school. Commissioner Roseberry asked Ms. Asadi if she has an idea of the increase of square footage in using these modular buildings. Brad Cox, Project Architect: • Explained that the three permanent rooms lost totaled approximately 1,920 square feet. • Added that the four classrooms contained within the modular buildings total 2,880 square feet, with a net gain of 960 square feet. Commissioner Roseberry asked Mr. Cox what the total square footage requirement is to serve 120 students. What percentage is represented per child? Brad Cox said he'd have to calculate that Commissioner Roseberry asked if the permanent structures proposed for the future would be constructed in the same vicinity as where these modular buildings would be place. Elizabeth Asadi replied yes. Campbell Planning Commission Minutes for September 10, 2013 Page 6 Commissioner Dodd: • Asked the capacity since the difference in allowed student body will increase only by 12 from their actual current enrollment. • Questioned how that small amount of added student capacity can accommodate two more grade levels? • Questioned if this is enough capacity. Elizabeth Asadi: • Clarified that there is just one grade level being added, which is the 5th grade. They already have 4th grade. If it ends up not being enough capacity, they would have to come back to request more. • Recounted how originally a resident on Piccadilly Court (across Leigh from the school) was concerned about potential traffic impacts associated with this school. Carden Day School worked with her to alleviate her concerns and there have been no complaints in the years' since. Commissioner Resnikoff: • Pointed out that the cost of the Traffic Impact Report was a stated reason for not moving forward previously with the application for permanent construction. • Asked if there had been any financial changes since that time. Elizabeth Asadi: • Explained that what stopped them was the $56,400 price tag for the Traffic Survey. • Reminded that due to the economy at that time, a lot of their parents lost jobs and as a result enrollment was lost. • Added that they had at that time already spent 10's of thousands of dollars on architectural drawings. • Said they concluded that it was not the best time to go forward. • Added that since that time, both the economy and financing conditions have improved. Chair Reynolds closed the Public Hearing for Agenda Item No. 1. Commissioner Finch: • Cautioned that the current Conditional Use Permit was approved for a maximum of 80 students. The school currently has 108. They are asking for 120. • Asked if there is a way to keep an eye on that (enrollment) moving forward. Is there a way for the City to monitor it? • Pointed out that the number of trips increases with more students. • Said that this applicant seems sincere. Planning Manager Aki Honda Snelling: • Said that it could be conditioned that the school be required to provide enrollment numbers. • Suggested perhaps once or twice a year updates. Campbell Planning Commission Minutes for September 10, 2013 Page 7 Commissioner Finch expressed concern that this requirement just adds additional work for City staff. Commissioner Resnikoff: • Said he shares the same concern. • Advised that the discussion held at the SARC meeting was a good one. • Said he has concerns as to what may happen four years from now. • Said that inclusion of milestones in the conditions of approval is the perfect way to go. • Expressed concern that even if plans for permanent buildings are not developed by June 2014 this temporary approval lasts through 2017. • Added that raises the question: "would the Commission approve this if it was just for an outright four-year temporary use?" Especially since the temporary use doesn't trigger a Traffic Impact Analysis. • Pointed out that the costs will be similar to before. • Suggested perhaps a June of 2015 expiration date in the event the school does not progress on plans for its permanent buildings. If they do begin to construct permanent buildings, the temporary approval can be allowed through June 2017. • Said that it doesn't make any sense to extend the use for four years if there is no movement toward permanent buildings. Commissioner Roseberry: • Said that Commissioner Resnikoff makes a great point. • Agreed that in a sense, the Commission is approving something permanent here. Use of a modular/temporary building is no different than having a permanent building there. That needs to be kept in mind. Is this the right place? • Said that when originally considered, there was a huge concern about traffic and here additional square footage is being added adjacent to other properties. Commissioner Resnikoff: • Suggested removing the "temporary" designation but that could trigger the Traffic Impact Analysis. Commissioner Roseberry: • Said he wants to know that when they come back with a plan that the plan meets all requirements. • Suggested that if approved tonight, it is almost a promise for permanent structures in the future. • Added the question remains will they meet all requirements. City Attorney William Seligmann said that there is no promise (from a legal standpoint) for the City. There is some risk for the applicant. Commissioner Rich: • Restated that the proposal seems to be that if the established milestone is achieved by June 2014, they could continue for one more year through June 2015. Campbell Planning Commission Minutes for September 10, 2013 Page 8 If the milestone for 2015 is met, they could continue for the next year through June 2016. Commissioner Resnikoff agreed and said that if the answer in June 2014 is no, the stricter deadline of June 2015 is imposed as this use should not remain temporary for as long as four years. That should be the only scenario if the project doesn't move forward with plans for permanent construction. Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Finch, the Planning Commission adopted Resolution No. 4113 approving a Modification (PLN2013-197) to a previously approved Conditional Use Permit to allow the use of modular classrooms, increase of school capacity and extend the permit approval period for an existing private school on property located at 1980 Hamilton Avenue, with the following amendments to the Conditions of Approval: • Modify Condition 4A so that in the event the school elects not to construct by June 2014, the school will remove the modular buildings by June 2015; • Modify Condition3 to add at the end, "...except as provided in Condition 4A." by the following roll call vote: AYES: Dodd, Finch, Kendall, Resnikoff and Rich NOES: Reynolds and Roseberry ABSENT: None ABSTAIN: None Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Reynolds read Agenda Item No. 2 into the record as follows: 2. PLN2012-233 Public Hearing to consider the application of St. Lucy's Catholic St. Lucy's Church for a Sign Application (PLN2012-233) to allow a manual Catholic readerboard sign on property located at 2350 Winchester Church Boulevard in a P-F (Public Facilities) 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, St. Lucy's Church and School, is located at 2350 Winchester Boulevard south of Kennedy Avenue. It consists of two parcels, one occupied by the school and the other occupied by the church facility. Campbell Planning Commission Minutes for September 10, 2013 Page 9 • Said that the location for the proposed sign is at the bell tower base where there is an existing monument sign in place that will be removed and replaced with a manual readerboard sign with a 33.5 square foot signage area that accommodates 6 lines of text. • Reported that readerboard signs are allowed at locations with a minimum of 50 fixed seats serving an assembly use. • Reported that this sign will be illuminated above the readerboard portion and the address below is non-illuminated. The sign area proposed is less than the maximum allowed 40 square feet in sign area. • Said that the maximum height is 10 feet. The readerboard portion is at a 6.5 foot maximum height. It is a metal cabinet with plastic face. It is located 30 feet away from the back of sidewalk and is compatible with the site architecture. • Advised that a Sign Exception is required to exceed maximum height. • Reported that the sign is slightly obscured by a drive isle and parallel parking that hinders its visibility. • Said that staff analysis found that view of the existing sign is obstructed by vehicles that are lawfully parked on site and on the street. Adding half a foot to the readerboard height is the minimum required to adequately be viewed from the public right-of-way. This readerboard sign is appropriate for this location. • Reported that SARC reviewed this request and recommended bringing it forward to the Planning Commission as presented. • Said that comparative lighting standards were not available in the area so staff is recommending a condition of approval that gives authority to the Community Development Director to reduce lighting intensity if it is deemed necessary to do so. • Recommended approval. Commissioner Resnikoff provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project on August 27, 2013, and forwarded it on without change. • Said that SARC found that this is the minimum necessary to achieve visibility and asked the applicant to provide information about the internal illumination and that a condition of approval could be added to reduce illumination if it is determined to be excessive per Condition 3. Chair Reynolds opened the Public Hearing for Agenda Item No. 2. Chair Reynolds closed the Public Hearing for Agenda Item No. 2. Commissioner Finch: • Said that SARC was impressed with how well the applicant and Planning Department worked together on architectural compatibility with what's there. • Said that this sign is not gaudy and fits in nicely. The extra six inches for the height of the sign area is not a problem. Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Roseberry, the Planning Commission adopted Campbell Planning Commission Minutes for September 10, 2013 Page 10 Resolution No. 4114 approving a Sign Application (PLN2012-233) to allow a manual readerboard sign on property located at 2350 Winchester Boulevard, by the following roll call vote: AYES: Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Planning Manager Aki Honda Snelling offered the following updates in addition to his written report: • Advised that Director Paul Kermoyan is out this week. • Welcomed the two new members of the Commission. • Said that the Council Study Session on the Dillon Avenue Project resulted in Council authorizing staff to enter into negotiations with the developer. ADJOURNMENT The Planning Commission meeting adjourned at 8:23 p.m. immediately to a study session and subsequently to the next Regular Planning Commission Meeting of September 24, 2013. SUBMITTED BY: ~---- Corin Shinn, Recording Secretary .F APPROVED BY: ~ C Philip C. Reyno ds, ., Ch ' ATT ~i! EST. ~ `/ :>~: Aki Honda Snelling Acting Secretary