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PC Min - 10/08/2013CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 8, 2013 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 8, 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: Commissioners Absent: Commissioner: Staff Present: Planning Manager: Associate Planner: Associate Planner: City Attorney: Recording Secretary APPROVAL OF MINUTES Philip C. Reynolds, Jr. Paul Resnikoff Cynthia L. Dodd Yvonne Kendall Michael L. Rich Bob Roseberry Pam Finch Aki Honda Snelling Steve Prosser Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Resnikoff, seconded by Commissioner Kendall, the Planning Commission minutes of the meeting of September 24, 2013, were approved. (6-0-1; Commissioner Finch was absent) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for October 8, 2013 Page 2 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: 1. PLN2013-205 Public Hearing to consider the application of Atul Sharma., for a PLN2013-246 Conditional Use Permit Modification with Site and Architectural PLN2013-266 Review (PLN2013-205) and a Parking Modification Permit Sharma, A. (PLN2013-266) to allow the construction of a 2,633 square foot building to expand an existing commercial daycare center and a Tree Removal Permit (PLN2013-246) to allow removal of two Ash trees on property located at 70 S. San Tomas Aquino Road 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: Daniel Fama, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report as follows: • Reported that the subject parcel is 17,000 square feet on S. San Tomas Aquino Road, between Bucknall Road and Campbell Avenue. It is adjacent to a church and shares access with that church property. The site is zoned C-1 (Neighborhood Commercial). Zoning allows expansion of this existing use with a Modification to its existing Conditional Use Permit that was originally approved in 2012. • Added that the original approval allowed the remodel of a former Taco Bell into a daycare facility serving up to 31 children with hours between 7:30 a.m. to 6 p.m. • Explained that this proposed Modification to the Use Permit will allow the construction of a new 2,600 square foot building to house two daycare rooms using design details similar to the existing building on site as well as an increase from 31 to 88 maximum children. The new building will be located behind the existing building. Parking will be retained. • Added that this project also includes a Parking Modification Permit to formalize a shared parking arrangement with the adjacent church property. The site circulation calls for 29 parking spaces, one for each of the 11 proposed employees and one additional space per every 5 children. Ten spaces will be on-site and 19 off-site spaces that are on the adjacent church property and made available to this school through a signed notarized agreement for use between the hours of 7 a.m. and 6 p.m. weekdays. Per the Parking Management Plan, specified spaces are allocated to the employees and parking by parents will be divided by building in which their child's class is located. Campbell Planning Commission Minutes for October 8, 2013 Page 3 • Added that a Tree Removal Permit is necessary for the removal of two Ash trees that are located in the proposed footprint of the new building. • Explained that retention of trees is required unless the finding can be made that there are not comparable alternate placements for the building available to allow retention. While there are two alternative placement options on site, they would result in significant setbacks separating play areas and loss of direct access to the site. Therefore, this Tree Removal Permit would help achieve a superior site design. • Reported that 75 square feet of open space is required per child. With a maximum of 88 children, that equals 6,600 square feet. The applicant is proposing 3,400 square feet of open space with a provision to limit the number of children utilizing it at any given time. A shade structure will be incorporated into the design but further details are required prior to its installation. • Recommended the adoption of a resolution approving a Modification to a Conditional Use Permit with a Parking Modification Permit and a Tree Removal Permit. Commissioner Roseberry asked how the parking agreement would work should there be a change in ownership of either the school or church. Planner Daniel Fama explained that the covenant executed runs with the property in perpetuity. Commissioner Rich asked if it might be possible in the future to expand parking by the school on the church site beyond the currently agreed to spaces. Planner Daniel Fama said he would need to defer to the applicant on that. He added that he thought it might be possible as the church typically does not need this parking during school hours. Commissioner Rich said he questions the proposed employee-to-student ratio of 11 employees serving 88 students. Commissioner Dodd questioned where the entrance is located in relation to the rear parking area and what amount of lighting exists there. As it will be dark evenings, what path would parents take to drop off and pick up their children? Commissioner Kendall asked where the replacement trees would be planted on the site. Chair Reynolds asked if the previous issue with homeless encamping in the back lot has been alleviated. Planner Daniel Fama suggested allowing the applicant to respond to those specific concerns including the student-employee ratio; entrance path and lighting from back parking area; replacement tree location and current status of homeless individuals accessing the site. Campbell Planning Commission Minutes for October 8, 2013 Page 4 Commissioner Resnikoff provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project on September 24, 2013. • Stated that one concern was how the peak arrival/departure times for this daycare relates to those of the nearby Harker Academy. The response was that while this day care's peak travel period is between 8:30 to 9:30 a.m. and from 5:15 to 6:15 p.m.; the peak travel period for Harker Academy is between 7:55 and 810 a.m. and at 3:30 p.m. • Added that SARC asked the applicant what outreach efforts they had undertaken with their neighbors. The applicant indicated they had approached their neighbors with their proposal. Chair Reynolds opened the Public Hearing for Agenda Item No. 1. Mr. Atul Sharma, Applicant: • Responded to the questions including how the parents will enter from the back parking area. He referenced a gate into the play area at the back that leads directly to both classrooms #1 and #2. At the front, the entrance is straight into the building. He assured that it was very easy to bring children into the facility. • Reported that the homeless man had been a problem over the last year but he has not noticed that man around lately. It seems he has been gone over the last three to four months. • Requested approval by the Planning Commission and assured that this is a good proposal for everyone including the new homes under construction across the street. Commissioner Kendall asked if any comments had been received from the neighbors and if information about this project had been provided to the neighbors in writing. Atul Sharma: • Advised that last year with their initial Use Permit process, they did outreach. At that time neighbors were supportive. • Added that this time, he went back and asked if there have been any issues resulting from his school and none were raised by the neighbors. • Reported that he had explained to his neighbors that they are proposing to add another building on this site and showed the site plan to them. They continue to be supportive. • Added that the church is also happy with them as evidenced by the signed agreement sharing their parking. Commissioner Rich asked the allocation of ages for the proposed maximum 88 children. He also asked the student/employee ratio. Atul Sharma: • Replied the students range between 2 and 5 years of age. • Added that the student/employee ratio is one employee per 8 students. Campbell Planning Commission Minutes for October 8, 2013 Page 5 • Advised that they could always ask the church for the use of more parking if that becomes necessary later. Commissioner Rich said that with those responses he is comfortable with this. Commissioner Dodd said that this is a wonderful project including the agreement with the church to share parking. She asked if there was a waiting list in place. Atul Sharma: • Advised that they started this school last year with a license for 29 students. They filled up within the first four months and established a waiting list as well. • Added that they have a fairly long waiting list but not all parents likely waited. Many likely found alternate schools for their children. However, he felt confident that they could fill the positions. Chair Reynolds closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Kendall, seconded by Commissioner Rich, the Planning Commission took the following actions: • Adopted Resolution No. 4116 approving a Modification to a Conditional Use Permit with Site and Architectural Review (PLN2013-205) and a Parking Modification Permit (PLN2013- 266) to allow the construction of a 2,633 square foot building to expand an existing commercial daycare center; and • Adopted Resolution No. 4117 approving a Tree Removal Permit (PLN2013-246) to allow removal of two Ash trees on property located at 70 S. San Tomas Aquino Road; by the following roll call vote: AYES: Dodd, Kendall, Resnikoff, Reynolds, Rich and Roseberry NOES: None ABSENT: Finch 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: Campbell Planning Commission Minutes for October 8, 2013 Page 6 2. PLN2013-224 Public Hearing to consider the application of Dan Schultz for a CVS Conditional Use Permit (PLN2013-224) to allow a medical use (drop-in clinic) within an existing CVS on property located at 1720 S. Bascom Avenue in a C-2 (General 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 approval of a Conditional Use Permit to allow a minor medical use within an existing drugstore (CVS Pharmacy) located within the Hamilton Plaza Shopping Center. • Advised that a Conditional Use Permit was approved in 2009 to allow 24-hour operations and an off-site alcohol license. • Explained that introducing a new use (minor medical use) requires an additional Conditional Use Permit. No other changes are proposed. The use will fall within the existing floor plan utilizing 200 square feet of space previously utilized for storage to create two medical exam rooms with seating located to their left. These exam rooms will be located near the pharmacy to afford privacy to the customers. • Added that the services are minor including on-site vaccinations and flu shots. It will compliment the existing use offering minor health care such as sports physicals. It offers acost-effective provision of a primary care visit. • Stated that this medical clinic component will operate from 8 a.m. to 8 p.m., weekdays, and from 10 a.m. to 4 p.m. weekends. • Said that SARC did not review this proposal as all modification are interior ones. • Added that no additional parking will be required as the use of space previously versus proposed has the same parking ratio. • Recommended approval as this request is consistent with the C-2 zoning with the issuance of a Conditional Use Permit; is consistent with General Plan policy; there is sufficient street capacity and access; it will not be detrimental to the health, safety or welfare of the community; and will be a benefit to the community. Commissioner Roseberry asked about the relationship of the proposed medical component in relation to the rest of the retail use in the event that this operator moves out. Planner Steve Prosser explained that just 250 square feet could be reoccupied by another similarly operated medical use not the entire CVS Pharmacy tenant space. Commissioner Resnikoff asked if any thought had been given to enlarging the waiting area. Planner Steve Prosser said that per the other CVS locations, this proposed seating is adequate. These are limited duration visits and don't represent disease or injury Campbell Planning Commission Minutes for October 8, 2013 Page 7 treatments. The patient turnover rate is high and there is not the need for stacking patients for any long period. Commissioner Dodd asked if there were any such clinics within CVS stores in other parts of California. Planner Steve Prosser said he would need to defer to the applicant but can say this is the first within Campbell. Chair Reynolds opened the Public Hearing for Agenda Item No. 2. Dan Schultz, Applicant: • Complimented Planner Steve Prosser for his comprehensive staff report. • Advised that they are in agreement with the proposed conditions of approval. • Added that they are in several locations, including Southern California. They are opening soon in Burlingame and other locations are in operation or just starting construction. Chair Reynolds asked Mr. Schultz whether the inclusion of this minor medical clinic has resulted in an increate in retail sales at the CVS locations that offer that service. Dan Schultz said that he personally has utilized this service but that CVS has not seen an increate in retail sales as a result of including this service. Commissioner Kendall asked Mr. Schultz if CVS will have a protocol in place for what actions to take in the event a patient arrives requiring more urgent care than is available at their minor care clinic. Dan Schultz said that they would call for paramedics. Commissioner Kendall pointed out that the parking lot at this center gets quite crowded. Does that offer any concern as to emergency response? Planner Steve Prosser said that with the location of the exam rooms in this tenant space as well as the building's layout and hours of use, an arrangement could be worked out with Central Fire to have a protocol in place for ambulance response to approach at the back of the building. Commissioner Resnikoff asked Mr. Schultz what a typical patient load might be in a given day. Dan Schultz said that CVS is joining other similar retailers in providing minor medical procedures. This service is so new in California CVS locations that there are not yet a lot of statistics available. This service is big on the East Coast. Commissioner Rich said offering a broader range of services seems to be a business model becoming necessary to keep up with competitors. Campbell Planning Commission Minutes for October 8, 2013 Page 8 Dan Schultz said that there is a niche market and need for such services to help customers take care of minor medical issues. Commissioner Dodd said that Mr. Schultz has indicated that CVS has this component more in Southern California. This is the first in Campbell. What others are in the area? Dan Schultz said they are working on seven or eight locations right now within Santa Clara County and including San Francisco. Chair Reynolds closed the Public Hearing for Agenda Item No. 2. Commissioner Rich said he has no concern with this request. It seems to have become a business model trend. Commissioner Kendall said this is a nice addition in Campbell as often other clinics are not open on Sunday. Chair Reynolds: • Agreed that this is a trend regarding co-locating uses within retail locations with services such as pharmacies and banks. It is efficient and a convenience for customers. • Said this is an inviting service. • Stated that he would be supportive. Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Dodd, the Planning Commission adopted Resolution No. 4118 approving a Conditional Use Permit (PLN2013-224) to allow a medical use (drop-in clinic) within an existing CVS on property located at 1720 S. Bascom Avenue, with an added condition of approval to work with Santa Clara County Fire to establish an emergency vehicle access plan, by the following roll call vote: AYES: Dodd, Kendall, Resnikoff, Reynolds, Rich and Roseberry NOES: None ABSENT: Finch ABSTAIN: None Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Reynolds advised that he would recuse from the next item and turned the gavel over to Vice Chair Resnikoff. He left the dais and chambers. Acting Chair Resnikoff read Agenda Item No. 3 into the record as follows: Campbell Planning Commission Minutes for October 8, 2013 Page 9 3. PLN2013-119 Public Hearing to consider the application of T-Mobile for a T-Mobile Conditional Use Permit (PLN2013-119) to modify an existing wireless antenna facility in order to add a microwave antenna dish on property located at 16146 Mozart Avenue in a P-O (Professional Office) 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 a Conditional Use Permit for modification and continued operation of an existing monopole at Mozart and S. Bascom Avenues in a Professional Office zone. • Explained that the current site use is residential with an existing monopole approved under County jurisdiction prior to the site's annexation into Campbell in 2006. • Said that modification or expansion of anon-stealth facility requires a Conditional Use Permit. The current monopole is 70 feet tall and includes equipment from three different carriers. Under a previous application, the Planning Commission approved changes to the mid-level carrier's equipment. This applicant's equipment is located at the top. They are introducing a new two-foot in diameter microwave dish antenna into the existing array. This site is a sister antenna to the antenna located at John D. Morgan Park. There is no change proposed in the existing array or the existing ground equipment. • Reported that at its meeting of September 24, 2013, SARC reviewed this request and made no proposed changes. • Recommended that the Planning Commission adopt a resolution approving the installation of a Conditional Use Permit to allow this two-foot diameter microwave dish. Commissioner Kendall said it would be helpful if proposed changes could be grouped and considered together on a site whenever possible in the future. Planner Steve Prosser agreed that is helpful if the applicants cooperate. Acting Chair Resnikoff provided the Site and Architectural Review Committee report as follows: • SARC reviewed this proposal on September 24, 2013, and recommended approval as presented. Acting Chair Resnikoff opened the Public Hearing for Agenda Item No. 3. Acting Chair Resnikoff closed the Public Hearing for Agenda Item No. 3. Campbell Planning Commission Minutes for October 8, 2013 Page 10 Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Rich, the Planning Commission adopted Resolution No. 4119 approving a Conditional Use Permit (PLN2013-119) to modify an existing wireless antenna facility in order to add a microwave antenna dish on property located at 16146 Mozart Avenue, by the following roll call vote: AYES: Dodd, Kendall, Resnikoff, Rich and Roseberry NOES: None ABSENT: Finch ABSTAIN: Reynolds Acting Chair Resnikoff advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Chair Reynolds returned to the chambers and assumed the gavel. *** MISCELLANEOUS Chair Reynolds read Agenda Item No. 4 into the record as follows: 4. Overview of Administrative Planned Development applications processed between September 2012 and August 2013. Project Planner: Aki Honda Snelling, Planning Manager Ms. Aki Honda Snelling, Planning Manager, presented the staff report as follows: • Provided an overview of the Administrative Planned Development applications considered by staff between September 2012 and September 2013. • Reported that in August 2012, at which time staff was providing a general overview of the Administrative PD review process, the Planning Commission requested that a update be provided to the Commission once a year. • Explained that this administrative process cuts down on the necessity of Planning Commission and/or City Council consideration of minor permits. Instead the Community Development Director can approve them. • Referred to a table contained within the staff report this evening that offers the types and quantities of Admin PD actions taken within the last 12 months. Most of these were issued to establish new uses; new single-family residences or additions to existing single-family residences; minor additions to commercial/industrial buildings or facade improvements. • Advised that over the past three years, there has been on average seven to 10 such applications processed by staff. • Asked the Commission if it would like to see future annual reports on this issue. Chair Reynolds asked if this offers a streamlined process for applicants. Campbell Planning Commission Minutes for October 8, 2013 Page 11 Planning Manager Aki Honda Snelling replied absolutely. It is a quicker process. Applicants don't have to wait for scheduled hearings. Chair Reynolds: • Stated that the lower cost equates to savings for the applicant. • Asked if the City has noticed a savings in labor costs as a result of the administrative process. Is the City benefitting overall? Commissioner Rich: • Stated that this information is great and he supports bringing such a report to the Commission once a year. • Asked if there has been any benchmarking with other cities. Planning Manager Aki Honda Snelling said she has no idea. She added that there have been no complaints as to process and people seem to like it. She concluded that not all cities have such an administrative process available. Chair Reynolds: • Stated that he too likes an annual update as it offers a little bit of oversight in how the City, staff and applicants are benefitting from this administrative process. • Expressed appreciation to staff for providing this report this evening. It serves as a wonderful oversight tool and FYI for the Commission. Commissioner Dodd said that the update is helpful to the Commission in providing a nice history of activity. Chair Reynolds asked staff if there is any plan to modify the process in the future in order to add other types of applications. Planning Manager Aki Honda Snelling replied not at this time. The existing process seems to be working well. Chair Reynolds said in that case it should be left as it is. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Planning Manager Aki Honda Snelling added the following announcements to the written report: • Advised that the October 22, 2013, Planning Commission meeting has been cancelled. • Added that SARC would still meet on October 22, 2013. Campbell Planning Commission Minutes for October 8, 2013 Page 12 ADJOURNMENT The Planning Commission meeting adjourned at 8:30 p.m. to the next Regular Planning Commission Meeting of November 12, 2013 (the meeting of October 22, 2013, was cancelled). SUBMITTED BY: Corinne Shinn, Recording Secretary APPROVED BY: i~//e- ~"~ Paul Resnikoff, Acting, Chair for Item 3 APPROVED BY: ~-• P ilip C. Reynolds, Jr., Ch it ATTEST: ~~~ Aki Honda Snelling, Actin ecretary