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PC Min - 11/12/2013CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of November 12, 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: NOVEMBER 12, 2013 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Philip C. Reynolds, Jr. Paul Resnikoff Cynthia L. Dodd Pam Finch Michael L. Rich Bob Roseberry Commissioners Absent Staff Present: APPROVAL OF MINUTES Commissioner: Comm. Dev. Director: Planning Manager: Associate Planner: Associate Planner: City Attorney: Campbell PD Sergeant Recording Secretary: Yvonne Kendall Paul Kermoyan Aki Honda Snelling Steve Prosser Daniel Fama William Seligmann Joe Cefalu Corinne Shinn Motion: Upon motion by Commissioner Resnikoff, seconded by Commissioner Roseberry, the Planning Commission minutes of the meeting of October 8, 2013, were approved. (5-0-1-1; Commissioner Kendall was absent and Commissioner Finch abstained) Campbell Planning Commission Minutes for November 12, 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: PLN2013-263 Public Hearing to consider the application of Jeffrey P. Patton Patton, ,l. for a Site and Architectural Review Permit (PLN2013-263) to allow a 583 square foot addition (449 square feet of living area and 134 square foot rear covered porch) in an existing single- family residence on property located at 1079 Erin Way in an R- 1 (Single Family Residential) 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 Site and Architectural Review Permit to allow a minor addition to asingle-family residence at 1079 Erin Way, located in the newly annexed Cambrian 36 district, between Shamrock and Curtner. • Added that this is an addition to the master bedroom located at the rear of the house as well as a small covered porch. It will use matching colors and materials and a minor increase in building height, minor architectural changes that include the roof ridgelines. • Said that the site is zoned R-1-8, which requires Site and Architectural Review Permit to ensure conformance with the area design standards; compatibility; and potential impacts on existing residences. • Advised that this item was reviewed by the Site and Architectural Review Committee on October 22, 2013. SARC was supportive and forwarded this proposal on to the Planning Commission for decision. • Recommended that the Planning Commission adopt a resolution approving this Site and Architectural Review Permit subject to the conditions of approval. Commissioner Resnikoff provided the Site and Architectural Review Committee report as follows: Campbell Planning Commission Minutes for November 12, 2013 Page 3 • SARC reviewed this project on October 22, 2013, and was supportive as presented. • Added that SARC asked about neighborhood outreach. The applicant attempted to reach two of three adjacent owners and reached two. The third was vacant. • Reminded that the typical 300-foot mailing was sent. Chair Reynolds opened the Public Hearing for Agenda Item No. 1 Chair Reynolds closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Finch, the Planning Commission adopted Resolution No. 4120 approving a Site and Architectural Review Permit (PLN2013-263) to allow a 583 square foot addition (449 square feet of living area and 134 square foot rear covered porch) in an existing single-family residence on property located at 1079 Erin Way, subject to the conditions of approval, by the following roll call vote: AYES: Dodd, Finch, Resnikoff, Reynolds, Rich and Roseberry NOES: None ABSENT: Kendall 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. PLN2013-186 Public Hearing to consider the application of Trevor Zink for a PLN2013-292 Conditional Use Permit (PLN2013-186) and a Tree Removal Zink, T. Permit (PLN2013-292) to remove four trees to allow the conversion of a residence into a commercial use on property located at 1940 Hamilton 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 approval of a Conditional Use Permit and Tree Removal Permit for a property located on the south side of E. Hamilton, between Leigh and Phantom. It is adjacent to a P-F (Public Facilities) use. • Added that there is a current single-family residence on the site that was built in 1894 in Queen Anne-style architecture. It is within a P-O (Professional Office) Campbell Planning Commission Minutes for November 12, 2013 Page 4 zoning district and is currently non-conforming as a residence. This Conditional Use Permit will change the use from single-family to professional office. • Advised that the applicant is also requesting the removal of four trees to allow the installation of a commercial parking area to serve the site. • Stated that the applicant is proposing to operate a law office on this site. An interior remodel will be done to make it work as such and to meet accessibility standards with doorways and an ADA-compliant restroom. A wheelchair lift will be installed on the back porch. • Said that while this is not currently a designated Historic Resource Inventory property, staff worked with the applicant to maintain the architectural character of this residence, which is an example of a desirable architectural style for the City of Campbell. The only exterior changes will occur at the back of the building. • Explained that the four trees to be removed are in the area that will serve as parking. Two trees must be removed regardless to create the necessary drive aisle access. Of those two, one (a pine) is not qualified as a protected tree. The second is an oak. Those trees selected for removal also minimize impacts on a more desirable tree species (redwood grove) on site. Required parking will be exceeded. • Reported that SARC reviewed this proposal at its meeting on October 22, 2013 and recommended that it be brought forward to the Planning Commission. • Recommended approval of this Conditional Use Permit and Tree Removal Permit subject to the conditions of approval. Chair Reynolds asked staff if there is the potential to add this structure to the Historic Resource Inventory in the future. Planner Steve Prosser said that over the next few years, the Historic Preservation Board will be reaching out to owners of prospective additions to the HRI. HPB will soon begin their third round and this property will be included in that effort. Commissioner Resnikoff provided the Site and Architectural Review Committee report as follows: • SARC reviewed this proposal on October 22, 2013, and recommended approval of the project without modifications. Chair Reynolds opened the Public Hearing for Agenda Item No. 2. Chair Reynolds closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Finch, seconded by Commissioner Dodd, the Planning Commission took the following actions: • Adopted Resolution No. 4121 approving a Conditional Use Permit (PLN2013-186) to allow the conversion of a residence into a commercial use; and • Adopted Resolution No. 4122 approving a Tree Removal Permit (PLN2013-292) to remove four trees on property located at 1940 Hamilton Avenue; by the following roll call vote: Campbell Planning Commission Minutes for November 12, 2013 Page 5 AYES: Dodd, Finch, Resnikoff, Reynolds, Rich and Roseberry NOES: None ABSENT: Kendall 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. 3 into the record as follows: 3. PLN2013-179 Public Hearing to consider the application of EMQ-Families First EMQ-Families fora Modification (PLN2013-179) to a previously-approved First Conditional Use Permit to allow the establishment of a youth crisis stabilization unit on property located at 251 Llewellyn 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 applicant is seeking approval of a Modification to a previously- approved Conditional Use permit for 251 Llewellyn Avenue. • Described the project site as consisting of 5.5 acres and housing EMQ Families First. The zoning is P-F (Public Facilities) and the General Plan land use designation is Institutional. • Explained that there is site access both off Llewellyn and Latimer. There is a Planned Development to the north, single-family residences to the east and townhomes to the southwest. • Added that on-site uses include administrative offices, a foster care program, an outpatient program, and a mobile crisis unit. The residential component was relocated to the Los Gatos EMQ campus. • Advised that what is being proposed here is a youth crisis stabilization unit that will operate under a County contract. This unit will serve youth in severe mental distress. This is often youth with a suicide risk. Their stay in this unit is less than 24 hours long per State law. This unit will serve up to seven children at any given time. Based on youth currently being served by the EPS (Emergency Psychiatric Services) unit at VMC (Valley Medical Center), the average number of youth requiring services ranges between three and four per day. While this is a 24-hour operation, most intakes occur between the hours of 3 p.m. and 8 p.m. • Added that staffing includes three to four member teams, consisting of nurses, psychiatrists and family specialists. • Advised that the Community Development Director can determine if a use is consistent with past activities and can therefore be considered with a Modification to an existing Conditional Use Permit. The space proposed to serve this added Campbell Planning Commission Minutes for November 12, 2013 Page 6 service is an existing classroom building that was built in the 1980's. There will be minimal site layout changes. The building will be re-oriented to the rear parking lot and a new entrance created adjacent to a new loading area. Changes will include new doors and windows. No new outdoor lighting fixtures are proposed. • Stated that the Campbell Police Department has reviewed the proposed security program. The program includes search upon arrival and assessment of potential drug and alcohol use. There will be 24-hour security present and routine check-ins with the Campbell Police Department. ~ Explained that noise impacts can be considered for approval or denial of a proposed use. If there are complaints in the future, this use could be brought back before the Planning Commission for further consideration. Police cars and ambulances would arrive without sirens or flashing lights. • Recommended that the Planning Commission adopt a Resolution approving this Modification to apreviously-approved Conditional Use Permit subject to the draft conditions of approval. Commissioner Resnikoff: • Asked how many people may be drawn to the site with this added use in addition to the maximum of seven children. What about families? • Asked about staffing. • Asked how many security guards there would be and if they would be inside or outside of the facility. Planner Daniel Fama: • Responded that families can visit. • Advised that there would be on-site security guards 24-hours per day. They would work three 8-hour shifts and mostly remain within the building but with periodic walks around the site. Commissioner Resnikoff: • Asked about the previous long-term resident care and when it left this location. How long was it there? How many residents did it serve? • Asked about the public outreach efforts and the proposal for twice yearly community meetings as proposed. • Asked about the general feeling of the neighbors at the meeting held recently. Planner Daniel Fama: • Suggested that the applicant address the historic use of the previous services. • Advised that there was initial concern by nearby residents but those concerns seemed to have been well addressed based on the responses the applicant provided. Commissioner Rich asked if police escort of youth to this location would always be provided by Campbell PD. Planner Daniel Fama advised that the youth coming to this location would come from the entire County. Campbell Planning Commission Minutes for November 12, 2013 Page 7 Commissioner Rich asked if alternate sites had been considered. Planner Daniel Fama said he was not sure and would defer that question to the applicant. Commissioner Rich asked what is driving the need for this new unit. What is causing the current overflow? Planner Daniel Fama said that it is being created to serve as a new model of a preferred way to serve children in crisis. They are currently served within the mental health ward at VMC mostly with adults. This unit will be more nurturing and humane for these younger patients. Commissioner Rich asked if provision of this type of service at VMC was explored. Planner Daniel Fama said he did not know. Commissioner Rich asked if neighborhood concerns have been addressed. Planner Daniel Fama said it appeared so at that meeting. Commissioner Rich asked what happens after the initial up to 24-hour stay. Planner Daniel Fama deferred this question to the applicant but added that extending the stay of any child beyond 24 hours would jeopardize their State license. Commissioner Dodd asked how many neighbors attended the community meeting. Planner Daniel Fama said it appeared there were between 12 and 15 neighbors there. Commissioner Dodd asked how they were notified. Planner Daniel Fama said that he provided EMQ with a mailing list of property owners within a 500-foot radius of their location. Commissioner Resnikoff provided the Site and Architectural Review Committee report as follows: • SARC reviewed this proposal on October 22, 2013, and suggested the applicant considered painting to help soften the appearance of the wall. Chair Reynolds opened the Public Hearing for Agenda Item No. 3. Peter Young, nearby resident: • Advised that he had not received notification of the neighborhood meeting. • Added that he spoke with City staff today and was pretty well satisfied with what he was told. Campbell Planning Commission Minutes for November 12, 2013 Page 8 • Stated that he was concerned about a few issues. One is the possibility of people arriving late. Another is the possibility of not using the Latimer entrance as opposed to the Llewellyn, which is further away from housing. • Asked what are the plans for later evening drop offs. Tim Grabar, resident on Latimer: • Expressed his concern with the adequacy of a 500-foot notification list. • Questioned why the whole neighborhood was not notified as this use could impact the whole neighborhood. • Suggested that the vote (decision) be postponed so he could gather his neighbors together for input on this proposal. • Added that he would have loved more information and would have attended the neighborhood meeting had he known about it. Commissioner Resnikoff asked Mr. Grabar for his specific concerns. Tim Grabar: • Stated that his concern is primarily safety. He pointed out that the agenda is more descriptive of what is proposed that what was provided earlier. • Added that he is concerned about the potential of breakouts of these youth into their neighborhood. He is also concerned about the possibility of violence occurring. • Asked if the on-site security would be armed. • Recounted that there had been a number of escapes from younger kids from EMQ in the past. He heard this from residents living on Kings and Queens Courts, which are located across the street from EMQ. Commissioner Resnikoff said that the Commission would ask the applicant for more information about its security plan. Chair Reynolds asked Mr. Grabar if he is here as an individual or representing his neighborhood group. Tim Grabar said he is representing both himself and his neighborhood. He added that if a decision were to be postponed, he could have a full house at the next meeting. He said that the neighborhood needs to be informed. Commissioner Resnikoff asked staff to explain to Mr. Grabar the noticing requirements. Planner Daniel Fama: • Explained that public outreach by an applicant is encouraged but is not a Code requirement. It is voluntary. • Added that staff prepared the mailing list used by EMQ to invite nearby residents to its community meeting. • Advised that the normal noticing distance is 300-foot for Planning Commission public hearing items but he created a list closest to 500 feet in this matter. Campbell Planning Commission Minutes for November 12, 2013 Page 9 • Added that the applicant relied on the list provided and sent invitational postcards using those labels. Commissioner Resnikoff asked how the distance is measured. Planner Daniel Fama said that staff uses a computer program that is based off the outer boundaries of the subject parcel. Commissioner Rich pointed out a lack of fairness that some people who did not get noticed could be impacted by this proposed use. Planner Daniel Fama reminded that meeting agenda information is included on the City's website and advertised in the Campbell Express. Laura Champion, Executive Director, EMQ Families First: • Offered to answer the questions raised thus far. • Said that the previous residential facility component was on site there for 40 years and there were 10 beds. • Added that between 2001 and 2004, an additional unit was on site serving as a children's shelter with 10 beds. By 2004, those children were served by a community-based approach. • Admitted that alternate sites could have been considered including one in Los Gatos and two in San Jose. One is on Gish Road and the other on Tully. However, neither is appropriate and not easily accessible for families. The Los Gatos campus is not easily accessible either. • Added that they needed to locate in a site that is in close proximity to VMC and that is centralized within the County. • Explained that in using the VMC trends to project use, they will likely see up to three youth per day and typically arriving between 3 p.m. and 8 p.m. There is not usually a lot of late night access for children. • Assured that there would be no use of police sirens. It is anon-emergency approach. • Added that they will have agreements in place with any jurisdictions delivering youth to this location to assure that sirens not be used to approach their building. • Said that in regard to the neighborhood meeting, they had sent out notification mailers and found that the evening meeting held went well. • Added that there will be ongoing community meetings held twice each year to address any concerns and will include Campbell PD. Concerns raised will be addressed quickly. • Said that in regard to security, what is proposed here is a different unit than was previously here. It is a secure building. Patients will arrive under Police or EMS escort. These young patients would not be able to leave the secure building. That is for their safety as well as the safety of the community. • Said that there will be a security guard on site 24 hours a day, 7 days a week. There will be skilled therapeutic staff that has provided skilled care over a long period of time. Campbell Planning Commission Minutes for November 12, 2013 Page 10 • Advised that no one is armed on the premises. Police protocol is for them to lock weapons in their car when accessing this facility. • Described the type of child served. She said that a majority of them (97 percent) are in danger of harm to themselves. They are hopeless and suicidal. However, they are not actively acting out. The intent is to determine what their needs are to allow them to go home safely. • Reiterated that they have not been violent out in the community and have not committed any crimes. They are just fragile emotionally and need a safe place and a proactive link to ongoing services. • Said that this population is currently being served at VMC, an environment predominately serving adults. That is not a place for children to receive compassionate care. Commissioner Rich: • Asked for further input on EMQ's consideration of alternate sites including Gish, Tully and Los Gatos. • Asked if access is the main the reason their Campbell site was selected for this unit? • Asked if having it here means that more traffic would be coming to this location than previously? • Asked for specifics as to why the other locations were not selected. Laura Champion: • Reminded that they would generally see three or fewer children per day. • Explained that the Gish location is a business building and was never utilized to provide residential services. It is located within an industrial area. • Added that the Tully location is rented. It is not within their purview to purchase it. It houses business offices. This location is next to the freeway and is not optimal for care and access. • Reiterated that they need a centralized location. • Reminded that the Campbell location has provided 40 years of residential services. • Said that the Los Gatos location is very far removed for a centralized use that serves children from throughout the County. It is located up on Loma Alta and some families would need up to three bus transfer to get there. • Stated that there is no alternative to expand into this unit within VMC and she will ask Dr. Pena to elaborate. Commissioner Dodd: • Asked Ms. Champion if there would be a different area for the families in addition to the lock down unit. • Expressed concern about the need for monitoring of the parking lots. Laura Champion: • Assured that there is a separate area for families to congregate and work with staff. • Added that all work is done inside. • Stated that they don't anticipate families congregating in the parking lot. There is urgency in getting their child back home. Campbell Planning Commission Minutes for November 12, 2013 Page 11 Commissioner Dodd pointed out that perhaps extended family would arrive and need to be managed as well. Laura Champion said she would add that to her security plan to monitor and encourage people to come into the building. Commissioner Dodd asked about the alternate entrance issue raised. Laura Champion said she would defer that question to their Facilities Operations Director who is present this evening. Commissioner Resnikoff: • Said that Commissioner Dodd has raised a good point about non-patients and a mandate that they congregate in a waiting area rather than outside in the parking area. • Reminded that this Commission has been told that per what is currently happening at VMC, the drop off of youth patients occurs mainly between 3 p.m. and 8 p.m. Is that the latest? Laura Champion said that is the current trend of utilization at VMC. She cautioned that they (EMQ) are open 24/7. Commissioner Resnikoff asked about normal processing time. Laura Champion said the plan is that a child not go to VMC but rather come directly to us (EMQ) instead. Commissioner Resnikoff asked about expected release hours. Laura Champion said they prefer daytime hours for release. However, they also don't want a child to stay any longer than necessary. It takes between two and three hours for assessment. Afterwards, a team follows the child back to their home. Commissioner Resnikoff asked Ms. Champion for a profile of those typically on this campus. Laura Champion: • Explained that this site serves as EMQ's corporate offices. EMQ provides services within 30 counties in California including foster and adoptive services; outpatient clinic; traditional therapy (individual, group and family). The site also houses clinical leadership offices. The mobile crisis team is based here but they work out in the community. Commissioner Resnikoff asked the mix of adults and children. Campbell Planning Commission Minutes for November 12, 2013 Page 12 Laura Champion said that the proposed secure building will be nearly impossible for a child to flee. She added that these children are met by a highly trained and skilled staff. Commissioner Roseberry: • Said that Ms. Champion has answered a lot of his questions. • Added that there is an on-going operation here and he asks how that operation is changing. • Asked what number of beds before? What was the average length of stay? Laura Champion: • Explained that there were 10 beds and the stays were longer term and on average 10 months. • Added that prior to relocating the residential component, children would stay up to four or five years. They would live, sleep and be cared there and attend school off site. The average length of stay now is 10 months. • Advised that the change they are now proposing is a secured building to offer very brief evaluations and the opportunity to work with families immediately to transition that child back home. This is not a place to live. The model they operate under is to get a child back home. Most (about 75 percent) can be stabilized at home right away. Commissioner Roseberry: • Clarified that before the average stay was 10 month. • Asked if now there would no longer be lengthier stays. • Asked about the staff versus patient ratio. Laura Champion: • Said that she believes there is a staff of 160 on site. They see about 40 to 50 children on site. • Added that a majority of their services are offered out in the community. Commissioner Roseberry asked the number of children served on site each day. Laura Champion clarified that it is about 40 to 50. Not all are there at once. It is throughout the day. Commissioner Roseberry asked about the capacity of this building and others. Laura Champion said that they will usually have about three patients in the secure unit. The other buildings are out-patient use. Commissioner Roseberry asked why so few. Laura Champion said that it is the nature of the care provided. These youth need stabilization as they are suicidal. Campbell Planning Commission Minutes for November 12, 2013 Page 13 Commissioner Rich pointed out that this site once served residential care uses and families came to visit. That residential care is now occurring at their Los Gatos location instead. Do families manage to visit there? Laura Champion replied yes. Commissioner Dodd said that with those beds moved to the Los Gatos location, will there now be an increase or a decrease in the number of children seen on site here in Campbell. Laura Champion said there would be a negligible increase. Chair Reynolds asked what happens beyond the hours of 3 to 8 p.m. How are child arrivals dealt with outside of those hours. Laura Champion said that they typically dispatch their mobile crisis team, which has been in operation for 15 years. That service continues. If the child can go home, they will go directly with the mobile team. If not able to go home, they would come onto this unit for stabilization and assessment. If not, hospital placement. She reminded that there is no psychiatric hospital in Santa Clara County specifically for children. Dr. Nancy Pena, Director of Santa Clara County Mental Health Department: • Stated that she has served 13 years in her current position and prior to that was the Children's Director. She has been with the County Health Department since 1985. • Added that she has a long experience working together with EMQ. Many children have been served through their programs. • Described the 5150 process during which a patient is detained by either a law enforcement or mental health professional within a secure facility. That patient is considered to be a danger to self or others and needs to be evaluated medically. This is an involuntary evaluation that must be done immediately by a psychiatrist. • Added that if a crime has been committed, they are not coming to this EMQ facility. Any patient with a medical concern, on meds, intoxicated or has visible injuries is taken instead to an emergency room. No medical treatment is offered at this particular EMQ location. It is solely to provide psychiatric treatment. • Reported that her first job with the County she evaluated every child taken into the psych unit at VMC. • Added that the hospital (VMC) is legally obligated to serve them if they are brought there directly. She said that patients that need to go to juvenile hall would not be brought to EMQ. • Stated that per Census information, there are between 30 and 50 psychiatric emergencies every day. Most are calm and in a waiting mode. During the time they are in the VMC psych unit, their parents have no access or ability to speak with their child. That is an unacceptable situation that has been in place for many years. There is no space at VMC to create a facility solely to serve child psychiatric patients at VMC. • Said that in California, a Crisis Stabilization Unit offers the best practices method of service to these young patients. It includes community-based care and non- institutionalized care. Campbell Planning Commission Minutes for November 12, 2013 Page 14 • Said the reason to go with EMQ for the provision of this sort of stabilization unit is for a continuum of service. They are the only current provider and over the last 15 years have offered their mobile services. • Said that if a child is brought to this Crisis Stabilization Unit, they must be medically seen quickly and a decision made. Perhaps it will involve talking through the situation or it may require medication. If the child is not safe, he or she is transported to hospital. • Reiterated that it is anticipated that the load will be up to three patients per day at most. There are 10 children a day in hospital somewhere in the County. Commission Rich asked if space is the sole reason this unit is not being established at VMC. Dr. Nancy Pena said it is space requirements and licensing restrictions among other reasons. Peter Young, nearby neighbor: • Reminded that his chief concern is that the entrance to this unit comes from Latimer rather than Llewellyn. Since it is further from residential uses, it would be ideal for receiving people at night. Planner Daniel Fama: • Confirmed that there are currently two access points to this EMQ campus. The main one is from Llewellyn and a secondary one is from Latimer. • Said that the drop offs would be via the Latimer driveway. • Added that the edge of the driveway currently lacks required landscaping and a condition of approval is imposed that requires updated landscaping be placed there. John Hickey, Attorney for EMQ and VMC: • Suggested that the Police Department representative address the site security plans. • Admitted that they had been concerned about the potential of this entitlement process getting dragged out. • Stated that there is on-going concern about the environment at VMC when it comes to serving kids' emergency psychiatric needs. • Agreed that bringing this service into a residential area may seem scary for its neighbors but it is good for the community. Dennis Johnson, former client of EMQ: • Recounted that when he was 14 years old, he was in a group home and separated from his friends and family. After an unsuccessful suicide attempt, he was sent to EPS (Emergency Psychiatric Services), which was like putting a kid into a real cuckoos' nest. He was put into a room with no door that was just across the hall from a room where adults were being restrained. He spent four terrifying hours there before he was moved over to EMQ. Campbell Planning Commission Minutes for November 12, 2013 Page 15 • Added that he found EMQ to be a nurturing environment while the VMC program strikes fear in kids. It's the last place you want to go. • Stated that the concept of a CSU (Crisis Stabilization Unit) is a better alternative for a child. • Reminded that EMQ has been serving kids in this area for 100 years and they know what they are doing. They are well trained. • Added that a 24-hour stay is better served within a nurturing environment. That's what EMQ does in a nutshell. They get kids back with their families as quickly as possible. Commissioner Rich thanked Mr. Johnson for his comments, which were most helpful. He asked at which location Mr. Johnson was served. Dennis Johnson said he was at the Campbell EMQ. Commissioner Rich asked Mr. Johnson if he is familiar with the other EMQ locations Dennis Johnson said he has visited the offices on Gish but has never been to the Los Gatos location. He received therapy at Campbell for four years. Sergeant Joe Cefalu, Campbell Police Department: • Stated that a lot of the questions about security appear to have been answered. • Added that the Campbell PD is a part of the 5150 process. Commissioner Roseberry: • Pointed out that EMQ has been at this location for a long time. • Asked Sergeant Cefalu to discuss Campbell PD's experience with this Campbell EMQ location. Sergeant Joe Cefalu: • Explained that he has been with CPD for 17 years and has a lot of experience with EMQ. • Added that when it was an unlocked facility, there were a number of problems because of that fact. They couldn't restrain kids. • Stated that what is proposed with this new stabilization unit is different from that. • Advised that when Campbell PD gets a call about a crisis in a home, they must make a determination as to whether that child needs psychiatric service. If so, the child is handcuffed and taken to EPS at VMC where they stay handcuffed. • Said that this new unit will change that. Upon arrival at the EMQ location, police will leave all weapons locked in the car. While the child is still in handcuffs while in the car, those handcuffs are immediately removed once the child is within the locked facility and turned over to staff. • Reported that when he first looked at this application, there was no security plan in place and he advised that such a plan was necessary. When told that, EMQ was cooperative and came up with the security plan that includes a security guard on site, cameras, a locked facility, as well as signage. Campbell Planning Commission Minutes for November 12, 2013 Page 16 • Stated that two-thirds of the Campbell PD officers have obtained CIT (Crisis Intervention Training). Commissioner Roseberry asked about statistics on number for calls for service. Will they be different with this new unit than had been generated with the previous operations? Sergeant Joe Cefalu: • Said that demand varied. There are ebbs and flows but likely averaged two or three calls a month. • Reminded that the operations at that time were under a different model than this proposed locked facility. • Said that while they don't foresee a big problem, if there is a crisis that staff cannot handle, PD will respond. • Reported that typically there are one or two calls a week to CPD of a child in crisis. However, they are not usually brought to a facility. • Reminded that children from as far away as Gilroy or Morgan Hill will come here instead of being taken to EPS and VMC. • Stated that if Campbell PD notices an excessive increase in call volumes, it will address that with EMQ. • Said that they don't foresee contraband being brought into this facility unless the child is brought in by anon-police officer. Police search everyone several times. Commissioner Rich asked Sergeant Cefalu if this proposed security plan is adequate when compared to those of other facilities. Sergeant Joe Cefalu said that this plan is on par with the others. All doors are locked and there is good site lighting. They have swell-trained staff and on-site security guard. This is a good security plan. Commissioner Rich asked if it is normal to have a locked facility in a highly residential area. Sergeant Joe Cefalu said that EPS is at VMC. VMC is surrounded by commercial buildings. He said he has no dealings with such facilities within residential areas. There is a female jail located in Santa Cruz within a residential area. Commissioner Rich asked Sergeant Joe Cefalu if Campbell PD is understaffed. Are there concerns? Sergeant Joe Cefalu said that staffing is okay. Campbell PD is hiring three officers that will be on the street within one year for a total of 42 officers. He reiterated that this could be reassessed if a large volume of calls are generated by this new unit at EMQ. Commissioner Resnikoff asked if the incidents derived from EMQ in the past 40 years were mostly the result of kids walking away. Did they create problems in the neighborhood? Campbell Planning Commission Minutes for November 12, 2013 Page 17 Sergeant Joe Cefalu said that the majority were simply kids walking away. Occasionally there were disturbances or fights in the facility. He said he doesn't recall problems between a child from EMQ and a citizen in the surrounding neighborhood. He concluded that a majority (or about 85 percent) were runaways. Commissioner Resnikoff pointed out that as a closed facility the problem of walking out will not come up. He asked about the role of the security guard and what specialized training they might have. Will they be charged with keeping people in or keeping people out of the facility? Sergeant Joe Cefalu said the on-site security guards are primarily there to support facility staff. He said he would recommend CIT (Crisis Intervention Training) training, which is a 40-hour class that is extremely helpful. Commissioner Resnikoff asked what percentage of these young patients would be brought in by law enforcement. Sergeant Joe Cefalu said he would have to defer that question to EMQ as he does not know the breakdown on who brings in children to the center. Commissioner Resnikoff asked Sergeant Joe Cefalu if Campbell PD is supportive of this application and of staff's recommendations. Sergeant Joe Cefalu replied yes Commissioner Roseberry said that these children are more at risk than the children served on this site previously. Sergeant Joe Cefalu said he must defer that question to EMQ staff. Chair Reynolds said that with the 10-foot high wall that is required by State regulations, is there potential that we could someday see an entire gated campus here? Sergeant Joe Cefalu said he didn't know. He asked if Chair Reynolds is wondering if this could someday become a jail facility. Chair Reynolds: • Said that perhaps in the name of mental health. • Asked about the under 24 hour maximum stay allowed. • Asked staff if the Commission is approving more than the applicant is asking for today? Director Paul Kermoyan said that what is presented this evening is what is being approved. It would have to be reanalyzed if any changes are proposed in the future. Commissioner Resnikoff added that if it is brought back before the Planning Commission in the future that additional review would re-open all of the existing conditions of approval for consideration and modification as necessary. Campbell Planning Commission Minutes for November 12, 2013 Page 18 Director Paul Kermoyan agreed that if an intensification of this use were desired in the future, it would be brought back to the Planning Commission and the CUP would be open again for consideration in all respects. Planner Daniel Fama referenced condition 5-A, that identifies this use as a crisis stabilization unit for children. This is awell-stated and defined activity. Nothing else is allowed under this CUP. Commissioner Resnikoff said nothing beyond what is under consideration today. Director Paul Kermoyan added that the applicant had originally thought that this use was a continuation of their decades of treatment on this property. Planning staff felt it was different enough to be re-considered by the Planning Commission. He stressed that any future changes would have to come back to the PC for consideration. Laura Champion said that they will be serving the same children but from within a secure setting. They had closed their residential beds since 1994 but at one time they had 154 residential beds. They closed all but 20 and now provide most services out in the community. She stated that it is not their intention to lock children up but rather to return them to the community. Peter Young, nearby neighbor, said that it seems there are conflicting statements about site lighting. Planner Daniel Fama said that the existing lighting is sufficient. Per condition 8, any new lighting must be consistent with Lighting Ordinance standards to avoid spillage of lighting over onto adjacent properties. Chair Reynolds closed the Public Hearing for Agenda Item No. 3. Commissioner Finch: • Thanked Dennis Johnson for his testimony. He provided very brave and moving comments. There can be no better source of information about this very necessary service for young people. • Added that Dr. Pena has pointed out that none of the young people being brought to this unit at EMQ will have criminal behavior or medical issues. Those go to juvenile hall or hospitals. • Stated that having children served within an adult psych facility is appalling. • Said that Campbell PD supports this application and that speaks miles for her. • Concluded that she is fully in favor of this application. Commissioner Dodd: • Said that she knows of EMQ over the years. They are a longstanding organization providing very necessary services to youth in a timely manner. • Added that it will be a bonus to have this service located so close by. • Said that her experience with EMQ was the times residents had run away who were students in her school. Campbell Planning Commission Minutes for November 12, 2013 Page 19 • Concluded that EMQ achieves more positive outcomes than anything else. Commissioner Rich: • Thanked Dennis Johnson for his testimony. • Said that his major concerns are the nearby neighbors who did not get notice of this proposal. • Stated that since there is potential for far reaching impacts, it is of concern that some neighbors are not aware of this project. • Said that he is not convinced that other EMQ facilities could not be just as appropriate as their Campbell location for this unit. It's just as easy to get to Los Gatos as to Campbell. • Added that there are security concerns with this location being within a densely residential neighborhood. That is not the norm and that concerns him. • Concluded that based on what he has heard, he is not in favor of this application. Commissioner Resnikoff: • Said that it is a tough call. • Agreed that this is a good service providing an important need. • Added that safety in the area is also an important issue. • Pointed out that it will not be the same situation between what is proposed as a closed unit from the previous unsecured facility. • Reminded that Campbell PD is supporting this without hesitation. • Agreed that the testimony from Dennis Johnson was very compelling. • Said that the proposed CUP has a security plan, noise is addressed, community meetings will take place twice a year and noticed within 300 feet and perhaps extend that noticing further outward. • Suggested using NextDoor to keep people informed. • Said that the noticing that went out was in excess of 300 feet and there is no Code requirement for any such mailing at all. They exceeded noticing requirements. • Suggested an added condition to mandate that family remain inside the building within a family waiting room. • Referenced Condition 4 that provides provisions for revocation should problems arise. • Said that the need outweighs the concerns raised and he will support this application. Commissioner Roseberry: • Said that everything has been said. • Pointed out that this is not a new facility. EMQ has operated here for a long time. • Said the difference is that it will now be operated as a secured facility. However, it is not a jail. No crimes have been committed by the youth served here. • Stated that it is not as spooky as it might sound. • Concluded that this is a well thought out proposal with a lot of input by a lot of people. EMQ has offered a lot of accommodations to make this fit. Chair Reynolds: • Stated he would suggest adding a couple of conditions. Campbell Planning Commission Minutes for November 12, 2013 Page 20 • Said that one recommendation is to require an inside waiting room for use by family. Another is the CIT training, as suggested by Sergeant Joe Cefalu, for the EMQ security guards who act as the first responders to problems on site. • Said that neighbor concerns have been addressed. • Said that he does agree with concerns about noticing as impacts could reach further than 300 to 500 feet away. • Suggested that this use could actually lead to the need for disclosure requirements upon sale of real estate in the immediate area and impact nearby property values. Potential buyers may misjudge what is occurring here. • Stated that noticing deficiencies need to be addressed by staff and Council as neither 300 nor even 500 foot noticing is sufficient. • Thanked the speakers who spoke this evening. • Added that Dennis Johnson was particularly compelling. • Commented that his "therapy" was rendered by his father with the use of a leather belt. • Agreed that mental health issues are a reality today that society must deal with. • Reminded that EMQ would not be handling criminals but rather kids who need services. He can support that as a parent and grandparent. Kids have a tough time today. It is a violent society. There is an obligation to do want we can. • Opined that mental health issues should be borne by the State. However, it is pushed to the Counties and now to local level jurisdictions. This needs to be taken care of in Sacramento rather than locally. • Said that he would support this application with the two added conditions and with a request that the City seriously address its noticing to neighbors. • Pointed out that this item would come back for further review if problems result. • Suggested that better outreach be provided for the six-month reviews. Commissioner Resnikoff said he is not sure that the CIT training is open to civilians. He expressed support for 500 foot mailings and for using NextDoor to help provide community updates on pending hearings. Chair Reynolds asked if the CIT training could be mandated. City Attorney William Seligmann said he was not sure. He said it would be important to be specific as to what type of certification might be required and if it is even available. Such training can be required if it is available. Commissioner Resnikoff said he would support requiring CIT training if it is available to civilians. Commissioner Dodd said that they might provide appropriate training of another sort instead if the CIT training is not available to non police personnel. Chair Reynolds suggested putting that in the conditions and moving forward. Director Paul Kermoyan suggested placing the requirement for a waiting room for families in the floor plan per Condition 1. The outside monitoring plan can be Campbell Planning Commission Minutes for November 12, 2013 Page 21 incorporated into Condition 5-E. The CIT (or comparable) training could be incorporated into Condition 5-E as well. Commissioner Resnikoff added upping notification to 500 feet per Condition 5-H. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Resnikoff, the Planning Commission adopted Resolution No. 4123 approving a Modification (PLN2013-179) to a previously-approved Conditional Use Permit to allow the establishment of a youth crisis stabilization unit on property located at 251 Llewellyn Avenue, subject to the conditions of approval as amended: • Requiring outside monitoring by security personnel; • Requiring on-site security personnel to receive specified training that is comparable to the Crisis Intervention Training received by Campbell PD; • Amending Condition 5-H to increase noticing to 500 feet of the twice yearly neighborhood meetings; by the following roll call vote: AYES: Dodd, Finch, Resnikoff, Reynolds and Roseberry NOES: Rich ABSENT: Kendall 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. 4 into the record as follows: 4. PLN2013-203 Public Hearing to consider the application of Farideh Zamani for a Zamani, F. Conditional Use Permit (PLN2013-203) to allow additions to an Historic Resource designated property located within the Alice Avenue Historic District to allow a 1,658 square foot one-story rear addition and a 460 square foot attached porte-cochere to an existing 1,186 square foot one-story residence and a new detached tandem two-car garage with an attached secondary living unit on property located at 99 Alice Avenue in an R-1-6 (H) (Single Family Residential/Historic Overlay) 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 an addition to an existing single-family residence located on the north side of Alice Campbell Planning Commission Minutes for November 12, 2013 Page 22 Avenue between Third and Winchester. The site contains asingle-story structure and detached garage. • Described the site zoning as R-1-6-(H), which is single family residential with an historic overlay. This zoning requires approval of a Conditional Use Permit to allow the alteration or addition to an Historic Resource Inventory property, a Landmark or a property located within an Historic District. • Said that this applicant is proposing a 1,600 square foot addition to the existing home, atwo-vehicle carport, and a secondary dwelling unit with attached garage. Second dwelling units are allowed on lots over 10,000 square feet as long as the site meets the parking standard. • Said that the home's architecture is California Bungalow and was constructed in 1924. In 1984, the home was included on the City's Historic Resource Inventory. In 1987 the City Council identified Alice Avenue as the City's only Residential Historic District, which makes this proposal subject to a higher level of review. • Added that this home has been vacant for about 20 years. • Reported that the Historic Preservation Board (HPB) reviewed this proposal at a meeting held on August 28, 2013. At the time the proposal was for an addition to the rear of the home and an attached one-car garage. However, that would reduce the side setback to the property line to five feet where 12 feet are required. • Said that this project must be consistent with the Historic Residential Design Guidelines. • Reported that HPB had difficulty making a recommendation for approval based on those design guidelines and continued this project to its meeting of September 25, 2013. At that time, the applicant had a revised design with a reduced ridge height and had converted the proposed one-car garage into atwo-car covered carport. However, the five-foot setback remained. That is 7-feet less than the required 12 foot setback. Therefore, HPB still could not support this and adopted a resolution to recommend that the Planning Commission deny it. While HPB offered the applicant an opportunity to return for a third time, the applicant asked to move on directly to SARC review. • Stated that the applicant met with SARC on October 22, 2013, with revised plans. However, SARC had similar comments to HPB. The applicant then provided SARC with a revised site plan that addressed (increased) the deficient setback and also removed one column from the carport and SARC was favorable with those revisions as was HPB Chair Tim Walter, who also participated in that SARC meeting. SARC sent in on to the Planning Commission with no further changes except for a condition regarding landscaping, which has been incorporated into the conditions of approval. • Recommended that the Planning Commission adopt a resolution approving a Conditional Use Permit to allow this project subject to the proposed conditions of approval. Commissioner Resnikoff provided the Site and Architectural Review Committee report as follows: • SARC reviewed this proposal on October 22, 2013, and HBP Chair Todd Walter attended and participated. SARC was advised that HPB had three concerns remaining. Campbell Planning Commission Minutes for November 12, 2013 Page 23 • Stated that the architect revised the plans to expand the side setback by two-feet, six-inches (2'6"). The project will also utilize atwo-vehicle porte-cochere (carport) design that better serves the architecture than the originally proposed one-car attached garage. • Listed the three issues that were settled included: o The original incompatible attached parking garage. Now a carport. o Increased roof height roof design was determined not to detract from the existing surroundings. o The 7 foot, 6 inch setback, while still deficient by five feet, will have a minimal impact. • Added that staff recommended adding a condition of approval requiring landscaping along the side yard with a reduced setback to help reduce impacts. • Said that HPB Chair Todd Walter confirmed that these revisions met HPB's recommendations. • Concluded that SARC was prepared to forward this item on to the Planning Commission for decision. Chair Reynolds opened the Public Hearing for Agenda Item No. 4. Roaten Hinson, Project Architect: • Said that since his client is an interior designer, compromising on her desired design plan was very difficult for her. • Added that the discussion with SARC helped her to understand that the recommendations being offered could help her to get this project approved. • Acknowledged the remaining deficient setback issue that is five feet less than required. As a result they moved the master bedroom wing by a few feet. • Stated that Planner Steve Prosser's presentation of this proposal was excellent. They have reviewed the conditions of approval and his client agrees with them and wants to move forward. Chair Reynolds closed the Public Hearing for Agenda Item No. 4. Commissioner Finch: • Thanked HPB Chair Todd Walter and the HBP Committee for the work they do with all of these historic sites in our City. • Added that she loves to see sites protected and preserved rather than torn down. • Thanked the applicant for her compromises. Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Rich, the Planning Commission adopted Resolution No. 4124 approving a Conditional Use Permit (PLN2013-203) to allow additions to an Historic Resource designated property located within the Alice Avenue Historic District to allow a 1,658 square foot one-story rear addition and a 460 square foot attached porte-cochere to an existing 1,186 square foot one-story residence and a new detached tandem two- Campbell Planning Commission Minutes for November 12, 2013 Page 24 car garage with an attached secondary living unit on property located at 99 Alice Avenue, by the following roll call vote: AYES: Dodd, Finch, Resnikoff, Reynolds, Rich and Roseberry NOES: None ABSENT: Kendall 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 Director Paul Kermoyan had no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 10:03 p.m. to the next Regular Planning Commission Meeting of November 26, 2013. SUBMITTED BY: Corinne Shinn, Recording Secretary APPROVED BY: Phili C. R yno s, Jr., Chair ~ t~ ATTEST: .- " Pau Ke yan, Secretary