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PC Min - 08/25/2015CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. AUGUST 25, 2015 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of August 25, 2015, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Finch and the following proceedings were had, to wit: Rnl I CSI I Commissioners Present Commissioners Absent: Staff Present: APPROVAL OF MINUTES Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Pamela Finch Cynthia L. Dodd Ron Bonhagen Yvonne Kendall Philip C. Reynolds, Jr. Michael L. Rich Donald C. Young None Community Development Director: Senior Planner: Associate Planner: City Attorney: Public Works Director: Recording Secretary: Paul Kermoyan Cindy McCormick Daniel Fama William Seligmann Todd Capurso Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Rich, the Planning Commission minutes of the meeting of August 11, 2015, were approved as submitted. (5-0-2; Chair Finch and Commissioner Young abstained) Campbell Planning Commission Minutes for August 25, 2015 Page 2 COMMUNICATIONS 1. Letter from applicant for Agenda Item No. 4. 2. Written public comments received for Agenda Item No. 1 including one request to have the written comments read into the record. That will be done by a member of STACC (San Tomas Area Community Coalition) on his behalf. 3. Both Items 2 and 3 will be continued to September 8, 2015. Anyone present this evening who wants to speak about either item can do so but the Commission would not be responding this evening. AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS Audrey Kiehtreiber, Resident on Walnut Drive: • Identified herself as the President of the San Tomas Area Community Coalition (STACC). • Reported that several residents had submitted written comments after the packets had been distributed. STACC had requested that City staff add these written comments to the pdf packet/report that was already posted on the website. • Expressed her thanks to Senior Planner Cindy McCormick for her efforts in making that posting happen. It represents the kind of effort and response they expect going forward. • Opined that: everything the public has to say about an item under consideration should be a part of the record. Director Paul I<:ermoyan expressed appreciation for Ms. Kiehtreiber's kind comments and agreed that Senior Planner Cindy McCormick did a great job working together with the Department's Executive Assistant, Corinne Shinn to get that material posted. He said it is nice to receive public recognition of staffs' efforts. CONSENT There were no consent items. *** PUBLIC HEARINGS Chair Finch read Agenda Item No. 1 into the record as follows: Campbell Planning Commission Minutes for August 25, 2015 Page 3 1 PLN2015-107 Public Hearing to consider the application of Barracuda Networks, Inc. for Modifications to a Planned Development Permit and Site and Architectural Review Permit (PLN2015- 107), and a Tree Removal Permit (PLN2015-215) on properties located at 3175 S. Winchester and 471/485 Chapman Drive. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Cindy McCormick, Senior Planner Ms. Cindy McCormick, Senior Planner, presented the staff report. Chair Finch asked if there were questions of staff. There were none. Chair Finch opened the Public Hearing for Agenda Item No. 1. Diane Honda, Representative for Barracuda Networks, Inc.: • Gave a brief overview of the history of Barracuda. • Explained that they were incorporated in 2003 and have 1,500 employees world- wide. They are Campbell Headquartered. • Added that they feel they are a part of the community and want to remain as such. • Reported that they spoke with a neighbor at the last meeting about their preference that the replacement trees be 15-gallon rather than 24 and 36-inch box. • Advised that upon learning of the adverse noise impacts from the gate leading to Walnut Drive from their site, the next morning following the meeting that gate was adjusted and the neighbor was contacted to see if noise had been properly lessened. • Admitted that they would like to keep that gate in place to allow their employees to walk through the neighborhood without having to walk out onto Winchester Boulevard. • Assured that there is no desire for them to have any of their employees park on the public street. To alleviate that need, they have spent about $3 million dollars (or about $75,000 per parking space) to create this parking. • Reported that Barracuda is committed to this project to provide parking. • Added that they recognize that there are residents located near their business location anti pointed out that what they are proposing for these parcels on Chapman represents slow-impact commercial use with just up to 40 cars using this parking on week days but not on holidays and/or weekends. Audrey Kiehtreiber, Resident on Walnut Drive: • Stated that she is the President of the San Tomas Area Community Coalition. • Referenced page 20 of the San Tomas Area Neighborhood Plan that includes language that "discourages" traffic from commercial uses going into the residential areas of the STANP and stated her disagreement with staff's lesser interpretation of that point. Campbell Planning Commission Minutes for August 25, 2015 Page 4 • Pointed out that there is an alternative available to use of Chapman access and that alternative is to have ingress and egress occur from the Winchester driveways. • Reiterated that the neighborhood is asking that Chapman not be used for site access for this proposed parking lot to serve Barracuda. • Stated that STACC wants to see a traffic study prepared for this proposal. • Said that in the event that this parking lot becomes full, cars will be driven into their neighborhood looking for alternate parking. • Discussed 1:he gate leading onto Walnut Drive and pointed out that there was a strong wall in place there for more than 30 years until 2014 when this gate was installed. • Listed the three items being requested by STACC which include: removal of the pedestrian gate on Walnut; removing any driveway access off Chapman Drive and having a traffic study prepared for this proposal. Commissioner Rich asked Ms. Kiehtreiber what STACC hopes to gain from the preparation of a traffic study. Audrey Kiehtreiber said that as long as the other two requested items occur then a traffic study would no longer be necessary. Michael Tehranian, Resident on Chapman Drive: • Stated his appreciation for the efforts taken by Barracuda immediately following the last hearing to work on the gate to resolve the noise impacts from its use. • Reported that he often experiences people parking on his front yard. When he mentioned this to Barracuda, they provided him with some orange cones to block off his yard so parking would not occur there. Now he is tasked every Monday morning with placing the cones and then removing them after hours on Friday when the work week is over just to keep cars off his front yard. This has created a "lifetime" job for him since the gate's installation. • Questioned the need to retain this gate to Walnut once Barracuda secures approvals far their new parking lot. • Stated that it is this Commission's responsibility to correct this. Gina Henley, Resident on Chapman Drive: • Questioned why the Public Works Department didn't consider and review the neighborhood's proposed alternative plan. • Offered facts over emotion. The residents want Barracuda to have their parking lot but want no access to Chapman and/or Walnut from the Barracuda site. • Stated her opinion that the City is willing to ignore the wishes of the neighborhood. Peter Kiehtreiber, Resident on Walnut Drive: • Admitted that the current proposal is "less horrible" but he is asking the Commission to reject it for the same reasons as before. • Added that they want to see access blocked from Chapman Drive. • Stated that the Barracuda's gate that leads onto Walnut Drive is still the main concern of the neighborhood. Campbell Planning Commission Minutes for August 25, 2015 Page 5 • Questioned Barracuda's statement that the use of the gate will just be for recreational access to the neighborhood. • Reminded that at the last hearing, members of the Planning Commission had suggested that Barracuda remove this gate on Walnut as an act of good will to the neighborhood. • Asked that the removal of this gate be required. Ellen Dorsa, Resident on Walnut Drive: • Read the written letter from Mitch Sterner into the record with the following points made: o The proposed access to the parking lot from Chapman Drive is a hazard to the neighborhood with traffic having to enter a driveway located just 60 feet from Winchester Boulevard that could create stacking of traffic right at that busy corner. o Reminded that there is a daycare at the corner of Chapman and Winchester and the welfare of the children there is of great importance. o Pointed out that there is a drainage problem in front of these two properties that creates a "lake" when it rains. o Cautioned that street parking on the south side of Chapman Drive would increase. o Said that this project would result in undue wear on their street. o Stressed that access to the Chapman parking lot should only be from Barracuda's Winchester Boulevard driveways. o Recommended that the removal of the gate to Walnut Drive be "required" to be removed. o Said that if the plan is approved it should include additional restrictions such as: ^ Make Chapman a cul de sac ^ Place a wall between the entrance and exit ^ Install a traffic camera to record right turns onto Chapman o Concluded that he has no objection to the use of smaller trees (15-gallon) rather than the larger box trees initially proposed. Joanne Carroll, Resident on Walnut Drive: • Pointed out that a lot of concerns have been raised that she too supports. • Questioned the estimate of just 40 trips. • Stated that when coming onto Chapman from Winchester or Walnut there is the potential that traffic will back up onto Winchester. • Reminded that Chapman is barely atwo-lane street. • Advised that the Google Earth picture shows the distance between Winchester and to the entrance area of the proposed parking lot. • Concluded that this will cause safety issues. David Brady, Resident on Walnut Drive: • Reported that he lives on the corner of Walnut and Chapman and has for 30 years. • Described Barracuda as "a big fat elephant trying to fit into skinny jeans and that the City is try, ing to zip them up." Campbell Planning Commission Minutes for August 25, 2015 Page 6 • Questioned how staff allows Barracuda to present the exact same plan as before. • Questioned why the gate to Walnut is not being eliminated. • Questioned why there needs to be access from Chapman. • Claimed that "they" will continue parking on "our" neighborhood, dumping trash and impacting the neighborhood. • Questioned whether anyone at the City has the integrity of Kirk Heinrichs and Robert Doherty. • Asked, "Why not protect our quality of life and value our neighborhood for once?" • Opined that. if this is allowed, it is as if the City is in bed with Big Business. • Stated that Barracuda needs to solve its own problems on its own property. Maggie Desmond, Resident on Hack Avenue: • Pointed out: a triangular lot on the site plan and questioned why that lot is not included in the proposal. • Stated that the gate to Walnut must be closed. • Reminded that the solid wall was in place there for more than 30 years. Even longer than the 45 years since she has live here. • Agreed that use of this parking would create more than 40 new trips. Tim Janke, Resident on Audrey Avenue: • Stated his opposition to this proposal. • Added that he does commend Barracuda for listening to their neighbors and seeking to work with neighbors a little but although he'd like to see more of it. • Asked if Barracuda could use the residential zoned property for commercial uses. Diane Honda, Barracuda Representative: • Reminded that the 40 cars that could utilize this new parking is not new traffic. They are already coming to Barracuda. • Pointed out that even without this new parking lot, they can't leave Campbell anytime soon so they will stay here. • Explained that they see the parking function with first arrivals parking in the main lot. If they should find no parking on site, Barracuda employees who may arrive later in the morning would be the ones to use the Chapman lot between 9:45 and 10 a.m. when the drop off of children at the daycare will have likely already concluded. • Said that right now, after 10 a.m. cars start moving into the neighborhood to park. • Said that commercial uses on Chapman go to Winchester. • Said that they are happy to work with the nearby pre-school to mitigate their concerns at drop off and pick up times for their children. • Advised that: they had looked into acquiring the adjacent sliver of land discussed. However, a neighboring property owner has been using this land for a number of years resulting in a "prescriptive" ownership that could cloud the use by the current owner as well as any future owners of that land. Since there is a major question about the rights of use for that property, it is not in Barracuda's current plan or design to incorporate it into this project. Campbell Planining Commission Minutes for August 25, 2015 Page 7 Commissioner Rich clarified that the main lot is to be used first. He asked about the possibility of ingress/egress to the new parking from the existing. Diane Honda replied that because that sliver of land they would lose between eight or nine parking spaces when they are trying to maximize their parking. She pointed out that any commercial business occupying these two commercially zoned parcels would have access to Chapman. Commissioner Rich asked if Barracuda had ever entered into negotiations with the owner of that sliver of land. Diane Honda said that they spoke with that owner. Afterwards they researched the parcel and realized that acquiring that sliver was not possible. Commissioner Rich asked Ms. Honda why they desire to have the gate opening onto Walnut Drive. Diane Honda: • Said that Barracuda has an outdoor seating area located near that gate. Some employees eat their lunch there and then use the gate to take a walk around the neighborhood. • Added that if the gate were to be removed the entire wall would have to be replaced. • Reminded that this gate is legal and allows Barracuda employees the ability to walk out onto a public street. This gate allows them to walk, to talk and to get fresh air. Chair Finch pointed out that it appears that there have been between 25 and 30 cars from Barracuda parking in the neighborhood. Even if the ingress/egress from Chapman were to be eliminated with a potential loss of seven or eight of the proposed 40 parking spaces, there would still be about 31 new spaces to serve Barracuda. Diane Honda said that Barracuda wants to create as many parking spaces as it can in order to have adequate parking on-site for all employees. Laura Galvan, Resident on Chapman Drive: • Suggested that the existing Barracuda picnic area could accommodate an additional seven or eight parking spots. • Said that she is aware that the owner of the sliver of land, Dolores, would sell but it seems that Barracuda is not interested per what Diane Honda is saying. • Stated that she is very opposed to having ingress/egress for this parking from Chapman Drive. • Recounted that neighbors have been flipped off, had bb's shot into a window by people parking along their street. • Added that she has no objection to having Barracuda's employees taking a walk through the neighborhood but without having that gate leading to Walnut Drive from the Barracuda site. Campbell Planning Commission Minutes for August 25, 2015 Page 8 • Assured that the neighborhood wants Barracuda to have their parking lot to serve their needs on site while the neighborhood also wants to have a buffer between Barracuda and their adjacent residential zone. Gina Henley asked how Barracuda plans to handle parking for their "all-hands" meetings that occur every three weeks. Diane Honda: • Reminded that the picnic seating area includes a number (8 or 9) of large Redwood trees, which are a protected tree species. • Added that the "all-hands" meetings are broadcast to employees in their San Jose location. Just the Campbell staff attends these meetings on site and while they occur at peak times they do not occur every three weeks. Chair Finch closed the Public Hearing for Agenda Item No. 1. Commissioner Dodd asked the City Attorney about the gate. It seems to be a big issue however :she understands that Barracuda is legally entitled to have such a gate. City Attorney William Seligmann said it is not that simple. Since Barracuda is coming to the City for a permit regarding the use of the property that entitlement process allows the City to apply conditions that could preclude the use of this gate. He said that if it was just a residential lot there, there is no question the gate would be allowed. Again, the Commission could decide to condition the removal of this gate. Commissioner Dodd asked Director Paul Kermoyan if it would be possible to post the area near the gate with "No Parking" signage to help create a buffer. Director Paul Kermoyan: • Reminded that there has been a variety of conversations in the past about parking especially when there are commercial adjacencies to single-family residential. He gave as an example the Winchester/EI Caminito area. • Added that there seems to be a common belief that commercial uses must only park on site while residents are not so limited and can park on the street as they wish. • Pointed out that the parking ordinance provisions require parking on property and that includes single-family residences. • Admitted that he hopes to see that issue worked on as a part of the General Plan Update as well as within the Zoning Code. • Said that the possibility of placing limited duration parking signs on a street might be possible but it is Council that is the body that can do that not the Planning Commission. The City could impose limited and/or permit parking. Commissioner Kendall asked the City Attorney to explain what a prescriptive easement really means and why it makes Barracuda less interested in buying that sliver of property. Campbell Planning Commission Minutes for August 25, 2015 Page 9 City Attorney \Nilliam Seligmann said that it depends upon who that easement is in favor of. If it is on lots that Barracuda controls on Winchester and on Chapman, than he is confused by this issue. He explained that a prescriptive easement provides a right to acquire a property by use that is adverse to the property owner if it has been in use for five years or longer. Commissioner Kendall said that this prescriptive easement issue appears to be a situation that will not be easy to resolve and would involve a legal battle. City Attorney William Seligmann said that he doesn't have enough information to answer that and added that the Planning Commission is not the body to determine that but rather it would have to be a court. Commissioner Kendall asked what encouraging traffic means. Director Paul Kermoyan: • Explained that when a City creates implementation measures, that's an objective. The question is, "what is the goal." The Goal Statement is directly related to designing a street. Objectives are how goals are met. • Added that if that was the intent (residential use rather than commercial), those properties should have been rezoned to residential. The two parcels had residences on them then and that's what's there now but that change did not occur. Commissioner Kendall: • Pointed out that Chapman is not being widened nor are there curb, gutters or sidewalks there. • Added that the lack of curb, gutter and sidewalk is one reason why there is flooding that occurs currently on Chapman. • Clarified that it is the policy of the STANP to not make this particular street urban. Commissioner Reynolds: • Asked to direct some questions to Public Works Director Todd Capurso. • Asked if this parking lot were to be approved by Council, would there be any associated street improvements required. PW Director Todd Capurso: • Replied not per se. • Explained that curb, gutter and sidewalks are only installed in more urban areas within the STANP. • Added that there will be a requirement for an on-site storm water treatment system to provide some way to capture, treat and permeate water on site. • Reported that there is no intent to install a water conveyance system running along Chapman. Commissioner Reynolds asked about potential damage to the street by added cars. Was this potential built into the City's Street Maintenance Plan? Campbell Planning Commission Minutes for August 25, 2015 Page 10 PW Director Todd Capurso replied no and admitted that that is a problem throughout the City and Region. He added that the City's Pavement Maintenance Program does factor in the condition of streets in Campbell. Commissioner Bonhagen asked PW Director Todd Capurso whether the proximity of the driveway to Winchester is considered to be too close. If so, is it possible to reverse it? PW Director Todd Capurso explained that the driveway is located 60 feet away from the intersections with Winchester. It's short but adequate. It could potentially create a traffic conflict. Commissioner Rich asked Director Paul Kermoyan if the Commission has the ability to allow the removal of protected trees for just cause. Director Paul Kermoyan replied that first there has to be a request for removal submitted. The City can consider and approve tree removals if an application is filed. Commissioner 'Young: • Thanked staff. • Advised that he had serious concerns. • Pointed out that the gate is such a strong issue for the community and for Barracuda as well. • Stated that due to property rights he is averse to preventing a property owner from having a gate on a property. • Reported that the gate still rattles even since it was "fixed". He hopes it can be addressed further. • Said that these two Chapman parcels now belong to Barracuda. It seems the belief is that some people can use Chapman but others can't. • Asked if assigned parking in this new lot is a possibility. • Stated his concern about the re-striping and removal of trees. • Questioned where people would park while this renovation of the parking is underway. • Said that this seems to be an opportunity to solve a large portion of the existing problems specifically getting the overflow cars from Barracuda off of Walnut Drive. The question is how. Director Paul Kermoyan pointed out that despite the suggestion to utilize the sliver and picnic area for additional parking including the removal of the Redwoods that is not possible given i:hat the parcel on which the Redwoods are located is zoned residential so a parking lot. on that parcel is not consistent with zoning. It can be used as it is for outdoor employee lunch area but that site can't be converted into parking. Commissioner Dodd asked staff just who can or cannot take access onto Chapman is it a judgement call and perhaps a case of favoritism. The daycare can access Chapman but this business cannot. Both are businesses. Is it first come, first serve? Campbell Planning Commission Minutes for August 25, 2015 Page 11 Commissioner Kendall: • Pointed out that Barracuda has purchased this land and it is zoned for commercial uses. Therefore, they should be able to use it. • Agreed that it is important to make sure that the use of the site by Barracuda is such that it is safe in relation to the existing day care that is located at Chapman and Winchester. • Added that there will be a period of adjustment with 25 cars coming in and out anyway. • Said that it is not a net increase of very many cars coming onto Chapman. • Said that she is torn on the issue of the gate. • Admitted that her preference would be to retain that gate. They should have it to avoid a dead end danger zone in the event of an emergency such as a fire. It has safety benefits. • Stated that she was glad to see so many new trees proposed and that the existing Redwoods would be retained. • Said that she has heard a lot said about the potential adverse impacts on residential property values. • Asked how owners would feel if they didn't have exits from their own properties. • Suggested that once this additional on-site parking is in place it will help reduce a lot of the tensions with the surrounding neighborhood. • Added that she didn't think the gate would be used much after this parking is provided on site than it is being used right now. Commissioner Bonhagen: • Reported that he conducted several site visits (about 4). • Added that he thinks that tensions should be reduced but is not sure that they will be. • Said that he drove over yesterday (8/24/15) at about 6:15 p.m. While there was the expected traffic on Bascom, Campbell and Winchester, his was the only car on the street when he turned from Winchester onto Chapman and then onto Walnut. To make sure, he did it three times on that visit to the same result -his was the only car on the road. • Added that i:his is a beautiful neighborhood. • Said that he went back again today (8/25/15) at about 8:30 a.m. and again found no traffic. Again he drove through three times. There was no traffic and no cars. It's a great area and the residents can be thankful for that. • Stated that he went again today (8/25/15) at about 3:15 p.m. and counted the cars in front of houses along Walnut. • Admitted that it is clear that Barracuda is going to need those 40 proposed parking spaces. • Added that we cannot stop people from parking on a public street. • Said that this parking impact appears to be mostly Barracuda's issue. Barracuda has done some things to improve the situation. The gate is theirs. The neighborhood doesn't believe they should be allowed to have it there. • Stated that staff's understanding of the provisions of the San Tomas Area Neighborhood Plan is wrong per STACC President Audrey Kiehtreiber. Campbell Planning Commission Minutes for August 25, 2015 Page 12 • Said that there are potentially conflicting things between residents and commercial properties here. • Said that the street was full of parked cars during his 3:15 p.m. tour. • Reported that he went again today (8/25/15) and found traffic to be just one or two cars. To be sure, he drove around the block three times. • Concluded that his position hasn't changed and that he is still in full support of this request. Commissioner Reynolds: • Said that nothing he's heard this evening has changed his mind. • Stated that this proposal should work well for the neighborhood, Barracuda and the City and is a good compromise. • Said that he supports this parking lot for Barracuda. • Pointed out. that the neighborhood is looking for a barrier between this business and their residential neighborhood. • Supported keeping traffic off Chapman and instead using the Winchester driveways. With that both Barracuda and the neighborhood would be gaining something. • Agreed that the gate is a major point of contention and has been since it was installed last year. • Added that there is no evidence of a permit for this gate. • Reminded that he supports the placement of a gate on the north side of the property to accommodate access to the percolation ponds and then have the gate leading to Walnut blocked off and that he supports use of the Winchester access to this new parking area and blocking off access to Chapman from the new parking area. • Stated that the concept of assigned parking is a good idea. • Concluded that everyone would then pretty much get what they want. • Reiterate his suggestions to: o Block; Chapman access o Install agate on the north side of the Barracuda site to access the percolation ponds o Block off the gate leading to Walnut Drive o Consider assigned parking on the Barracuda site Commissioner Young: • Questioned the wisdom on not allowing any use of the gate leading to Walnut. • Reminded that there is an open space area near there for the Barracuda employees to use. • Suggested a compromise to allow a limited use of this gate leading to Walnut during the mid-day hours particularly at lunch. • Asked if this might not be an agreeable option. Commissioner Reynolds: • Admitted that he is not convinced of any good faith effort having been demonstrated by Barracuda. • Pointed out that this neighborhood welcomes walkers through their neighborhood. Campbell Planning Commission Minutes for August 25, 2015 Page 13 • Questioned what the difference might be if Barracuda employees were to walk over to a north side gate to reach access the neighborhood for walks. Commissioner Young: • Said that he would like to request that Barracuda have assigned and/or limited parking on their new Chapman lot. • Suggested the placement of appropriate signage to ask drivers coming to and departing from this parking lot to respect the safety of pedestrians. • Supported the use of the gate to Walnut during daytime hours. Commissioner Rich: • Said that like Commissioner Reynolds, he too has heard nothing to change his mind from the last time this item was discussed. • Added that he has major concerns based on safety in regard to the ingress and egress from Chapman. Commissioner Dodd: • Said that she could support the suggestion to allow limited hours for use of the gate to Walnut. • Added that she is okay with allowing ingress/egress from Chapman to the new parking area. • Reminded that Barracuda has promised to work with the pre-school to assure safety to thase arriving/departing from the pre-school located on the corner. • Suggested the use of an electronic locking system on the gate that perhaps operates just between 11 a.m. and 2 p.m. as a way of limiting its use. • Stated that she is not a fan of assigned parking. • Recounted that she has assigned parking at her school and people do not honor it. It creates problems. • Suggested that Barracuda be allowed to manage their parking program. Commissioner 'Young: • Stated that Barracuda's later arrivers should use these Chapman parking spaces when they arrive later in the day. Commissioner Reynolds: • Suggested a compromise to the suggestion for assigned parking. Instead ask Barracuda to prepare a Parking Management Plan (PMP) and provide it to the Community Development Director for approval. The PMP would not have to be brought back to the Commission. • Added that it is best to let them come up with their own plan to best manage the number of parking spaces available on site per their number of employees that must use that parking. • Stated that he still is for blocking off Chapman access and the removal of the gate leading to Walnut. Commissioner Kendall: Campbell Planning Commission Minutes for August 25, 2015 Page 14 • Pointed out that a 1984 approval granted the right for a gate leading to Chapman. It just hadn't been installed until last year (2014). • Expressed support for the compromise that would limit the hours this gate could be used to 11 a.m. to 2 p.m. and for emergency exiting use in case of emergency. • Add that she prefers that the PMP call for use of the Chapman parking spots occur later (after 9 a.m.). Commissioner Rich questioned how that limitation could be enforced. What would be the recourse if that caveat was not honored? Commissioner Bonhagen: • Reminded that Barracuda has offered to work with the daycare. • Added that no daycare drop offs occurred when he went by this morning (8/25/15). • Agreed that ingress/egress is the main issue. • Stated that he is okay with restricting the hours of use for the gate leading to Walnut. Commissioner Reynolds: • Recounted that there is one vote he participated in while on this Commission that he now regrets. It was a church expansion project on Campbell Avenue. The Commission had been told that exiting directly onto Campbell rather than via a side residential street access was not safe. He now wishes that he had voted against that and required access be from Campbell and leave that school traffic off of Victor. • Said he thinks about the need for a buffer between residential and commercial uses. Commissioner Bonhagen: • Reminded that the existing condition as it is today is that there are between 30 and 40 Barracuda employee cars parked on Walnut. Those employees drive on Hacienda and Walnut. • Stated that this proposal resolves the existing conditions. It doesn't add or detract from the area. With the added parking on this new lot on Chapman to serve Barracuda, there will be less parking and traffic incursion into the neighborhood stemming from Barracuda. Commissioner Young: • Said that he thought it unfair not to allow Barracuda from utilizing its parcels' Chapman access for ingress/egress purposes. • Said that it is the best choice. • Stated that requiring the preparation of a Parking Management Plan is consistent with the La Valencia project. • Expressed support for the use of the gate to Walnut on a limited hours' basis. • Added that he supports the inclusion of safety signage on the parking lot warning those leaving the lot that there are children walking in the area. Commissioner Dodd: Campbell Planning Commission Minutes for August 25, 2015 Page 15 • Said that what she is hearing is the recommendation to leave the gate to Walnut in place but with a timer lock that allows use between 11 a.m. and 2p.m. • Stated that she is also hearing that many on the Commission believe that Barracuda has the right to ingress/egress access from their Chapman property. • Supported having Barracuda prepare a Parking Management Plan to submit to the Community Development Director for approval. • Pointed out that oftentimes parents are the worst offenders when it comes to driving around schools. • Cautioned that parents from the pre-school on the corner may end up using this lot to park their car and walk their child into the pre-school. • Supported either signage or a flashing light. Chair Finch: • Expressed her agreement with Commissioner Reynolds. • Said that Barracuda has the right to use their property but she is not convince that ingress/egress onto Chapman is a given. • Agreed with Commissioner Reynolds about the gate since allowing use of the gate to Walnut would likely encourage people to still park on Walnut. Therefore, she suggests closing that gate and instead allowing a new gate from Chapman to give employees the opportunity to access the neighborhood streets for a lunchtime walk. • Supported the access to the Chapman parking area via the Winchester driveway. • Said that she didn't believe a Parking Management Plan is necessary and might actually reflect micro-managing. • Reiterated that leaving the gate to Walnut in place and in use would cause a problem. Director Paul Kermoyan reminded that the Commission would be forwarding its recommendation onward to Council for final action. Chair Finch reiterated her suggestions that there be no Chapman entrance to parking; that the gate to Walnut be permanently closed and that a pedestrian gate ben added to allow pedestrian access from the Barracuda property on to Chapman. Motion: Upon motion of Commissioner Kendall, seconded by Commissioner Bonhagen, the Planning Commission took the following actions: • Adopted Resolution No. 4236 recommending that the City Council approve Modifications to a Planned Development Permit and Site and Architectural Review Permit (PLN2015- 107), subject to the conditions of approval, with the following amendments: o Limit the use of the gate to Walnut to the hours between 11 a.m. and 2 p.m. and/or during emergencies; o Signage shall be installed on the parking lot instructing those leaving the Barracuda site to be respectful of the safety of pedestrians/children; and Campbell Planning Commission Minutes for August 25, 2015 Page 16 • Adopted Resolution No. 4237 recommending that the City Council approve a Tree Removal Permit (PLN2015-215), subject to the conditions of approval, on properties located at 3175 S. Winchester and 471/485 Chapman Drive, by the following roll call vote: AYES: Bonhagen, Dodd, Kendall and Young NOES: Finch, Reynolds and Rich ABSENT: None ABSTAIN: None Chair Finch advised that this item would be forwarded on to Council for final action. *** Chair Finch read Agenda Item No. 2 into the record as follows: 2. PLN2014-309 Note: This item will be continued to September 8, 2015. PLN2014-310 Continued Public Hearing to consider the application of Cowlick, Inc. dba Steak N' Shake for an Administrative Planned Development Permit (PLN2014-309) and Parking Modification Permit (PLN2014-310) to allow establishment of a 'standard restaurant' (Steak N' Shake) with early morning operational hours ('late-night activity'), and outdoor seating on a new patio, remodel of an existing commercial building, and a reduction in the number of required parking spaces on property located at 501 E. Campbell Avenue in the P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner. Chair Finch opened the Public Hearing for Agenda Item No. 2. Steve Alvin, Resident on Munro Avenue: • Said that he has eaten at Steak N' Shake before. • Added that they are like a McDonald's with extensive vehicular traffic and lots of trash generated that ends up everywhere in the vicinity of the establishment. • Stated that Downtown Campbell is not the best place to locate Steak N' Shake but rather a major commercial street in Campbell such as Bascom Avenue would be better suited to accommodate it. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Kendall, the Planning Commission CONTINUED CONSIDERATION TO THE MEETING OF SEPTEMBER 8, 2015, an Administrative Planned Development Permit (PLN2014-309) and Campbell Planning Commission Minutes for August 25, 2015 Page 17 Parking Modification Permit (PLN2014-310) to allow establishment of a 'standard restaurant' (Steak N' Shake) with early morning operational hours ('late-night activity') and outdoor seating, and a reduction in the number of required parking spaces on property located at 501 E. Campbell Avenue. (7-0) *** Chair Finch read Agenda Item No. 3 into the record as follows: 3. PLN2015-60 Note: This item will be continued to September 8, 2015. Public Hearing to consider the application of Vertical Visual Solutions for a Sign Application (PLN2015-60) to allow a Master Sign Plan for amulti-tenant mixed use development on property located at 2105 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Cindy McCormick, Senior Planner Chair Finch opened the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Rich, the Planning Commission CONTINUED CONSIDERATION TO THE MEETING OF SEPTEMBER 8, 2015, a Sign Application (PLN2015-60) to allow a Master Sign Plan for a multi-tenant mixed use development on property located at 2105 S. Winchester Boulevard. (7-0) **,~ Chair Finch read Agenda Item No. 4 into the record as follows: 4. PLN2015-196 Public Hearing to consider the City-initiated Revocation (PLN2015-196) of a previously approved Modified Conditional Use Permit (PLN2013-197/PLN2007-128) for an existing private school (Carden Day School) located at 1980 Hamilton Avenue in the P-F (Public Facilities) Zoning District due to non-compliance with required performance measures. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner Campbell Planning Commission Minutes for August 25, 2015 Page 18 Mr. Daniel Fama, Associate Planner, presented the staff report. Director Paul Kermoyan provided a history of these temporary facilities that were intended to become permanent structures within a prescribed period of time. He advised that a submittal has just been received and a decision will be needed by January or February to allow for the three months or so that this applicant will need in order to secure building permits by the proposed deadline. Commissioner Rich asked what the alternative might be if the applicant were to miss an established milestone. Would the security deposit be forfeited? City Attorney William Seligmann said that those details would be spelled out in the conditions of approval. A faithful performance agreement would be executed. Planner Daniel Fama added that the security deposit would be the funding mechanism for the abatement process should it becomes necessary. Commissioner Young: • Questioned the likelihood of success with the proposed construction schedule. • Pointed out that schools tend to do their construction in summer and have their contractors in place by April. • Asked if this schedule is even feasible. Planner Daniel Fama said that if the applicant is clearly making an effort to proceed then there could be some flexibility warranted. Chair Finch: • Reminded that the Union Avenue townhome development near Apricot had a set of milestones established. • Added that she is in favor of setting milestones and defers to staff as to what those milestones should be. Director Paul Kermoyan: • Advised that the Union Avenue townhome project finally happened and is currently under construction. • Added that that developer has been following the established milestones. • Said that in this current situation, the applicant did not meet set milestones. • Said that the Commission can decide whether to loosen or tighten them. Commissioner Bonhagen asked how many times milestones have been missed in this situation. Why does staff think things could be different this time? Is the deposit one reason? Planner Daniel Fama said that is a fair question. He said that nothing has changed since 2008. There is still a traffic issue in this immediate area and the potential for infrastructure costs being applied to this project that may need to be addressed by this applicant. He said that there is no guarantee that they can afford it even if a plan is approved. Campbell Planning Commission Minutes for August 25, 2015 Page 19 Commissioner Young asked where the new buildings would be placed on site. Would they be in the same location as the modulars? Planner Daniel Fama replied no. He deferred to the project architect who has a PowerPoint presentation. Chair Finch opened the Public Hearing for Agenda Item No. 4. Elizabeth Asadi, Applicant and Director of Carden Day School: • Said that she wanted to make a short but sincere comment to the Commission. • Admitted that she should not be here today and is terribly sorry for the reasons that they are here before the Commission. • Agreed that asking "what's different" is a good question to ask. • Explained that she has endured several health issues over the last year and has been off work for most of that time period. • Reported that she has spent the last 15 years building this school. • Advised that there have been no neighbor complaints over their school use. • Stated that she is ashamed that she allowed this matter to get to this point. • Told the Commission that she has put together a committee to take over this project for her. Included are representatives from the church, representatives from the school, the project architect and a financial advisor. Great progress is being made. • Expressed her gratitude to the members of the Planning Department for offering her this lifeline. • Added that she can support the conditions, requirement for a deposit and the timelines being established. It is acceptable to be held to those conditions. Brad Cox, Project Architect: • Admitted that the biggest deadline they missed was in 2014. • Stated that with the formation of a committee to oversee this process things will be better. • Gave a brief overview of their plans. • Reminded that Carden Day School has been a part of the community since 2007. They hope to incrementally grow from 120 to 150 students maximum. • Announced that they submitted their application on August 18th for the permanent classrooms as part of their Master Plan. • Added that the key measures are the student count to 150 and the removal of four modular classrooms to be replaced with four permanent classrooms. • Said that the majority of the school's classrooms are contained within existing permanent church buildings. The portables were a way to grow the school incrementally and they had been operating with six permanent and four portable classrooms for a total of ten classrooms. They will grow from their current 2,880 square feet of space to 3,840 square feet of space and include an entry structure of 640 square feet. Their staffing would grow from the current 12 full-time to a proposed 15 full-time staff. Campbell Planning Commission Minutes for August 25, 2015 Page 20 • Advised that they coordinate their annual calendar with the church and there will be no conflicting events. • Said that they would be replacing like with like and the new buildings would architecturally match the existing classroom buildings. It will look and feel as one campus. • Reported that as seen from Leigh and Hamilton Avenues, the school is nearly invisible. • Advised that one thing that has changed is the economy. Ms. Asadi will focus her attention on operating the school and the committee will focus on this expansion/construction project. • Said that he hopes the Commission will look at this proposal favorably and that they look farward to firm yet flexible milestones being established to accomplish their goals. Commissioner Rich asked Mr. Brad Cox if the school is prepared financially to move forward . Brad Cox replied that if a traffic study and public street improvements are required that may become difficult. Ms. Elizabeth Asadi explained that the school is in a different position. They now have an investment group and she is now confident that the funds will be there. Commissioner Bonhagen asked Ms. Asadi if she believes that starting construction next June will allow her the time to complete construction by the start of that school year in September. Would they envision keeping the portables until the permanent classrooms are constructed? Brad Cox replied that he hoped so. He assured that the portables would be removed once occupancy of the permanent classrooms has been received. Chair Finch closed the Public Hearing for Agenda Item No. 4. Planner Daniel Fama: • Cautioned that the proposed capacity would likely require the traffic study. • Reminded that the original approval was for a maximum of 80 students and they later asked for 120. Their proposed 150 students is up by 70 from their original approval and will require some kind of traffic analysis. Chair Finch clarified that staff's initial recommendation was to revoke the approval that allowed the temporary classrooms. Staff is now advising the Commission than an alternate option has been reached. She asked if new findings have been drafted. Director Paul Kermoyan: • Clarified that staff's recommendation had been for revocation but also offered a couple of alternatives. • Added that if the Planning Commission supports one of the alternatives that would extend the compliance date to June 16, 2016, then staff would recommend a Campbell Planning Commission Minutes for August 25, 2015 Page 21 continuance to the next meeting to come back with draft resolutions with realistic milestones. • Said that staff believes the milestones should be kept tight. • Pointed out that this applicant has five months to process a pretty simple application. Staff is confident they can work with the applicant to pull this plan together. • Said that the other option is to revoke this at this time. Commissioner Reynolds: • Said that he voted against the extension because he didn't think it was long enough. • Said that he will be compassionate tonight and support one more extension. • Added that he hopes that they can come back to the next meeting with a plan. Commissioner Bonhagen said that he is glad to hear that things have changed moving forward with a committee for the school that will focus on this project. He said he could support another extension to get this done. Commissioner Rich said he too is in favor and hopes the committee can get this moved forward and it seems they have expertise in the right areas. Therefore, he supports the alternative option to revocation. Commissioner Kendall: • Expressed her concern that the Commission may be rewarding a business (this school) that is already over the approved number of students. This administrator should have known better. • Questioned what would prevent this school from going up to 200 students even if they receive an approval of up to a maximum of 150? • Cautioned that past actions to circumvent requirements may happen again in the future. Commissioner Bonhagen said that the City would have to be tough on them to get compliance. They have to come to that on their own and should be given the benefit of the doubt. Commissioner Young: • Cautioned that past behavior is all that we have to go on. • Said that the applicant has offered a solution including getting the right people to serve on her building committee. • Added that the Commission could still revoke this current approval and allow a new application to move forward. Director Paul Kermoyan: • Stated that staff is trying to find creative solutions. • Said that an extension would have established milestone conditions, including a cash deposit. It would offer a stronger way of reaching the goals of the approval. Campbell Planning Commission Minutes for August 25, 2015 Page 22 Commissioner Young said he supports the alternative as well. Commissioner Dodd said that Ms. Asadi delivered awell-stated admission of failure on complying with their part of the approved project. She said that she likes the idea of the school having an appointed committee to oversee this project. Chair Finch said that she doesn't want to reward bad behavior but the applicant has admitted that she simply didn't have the skills to progress her project and she can understand that. Motion: Upon motion of Commissioner Dodd, seconded by Commissioner Reynolds, the Planning Commission CONTINUED TO THE SEPTEMBER 8, 2015, PLANNING COMMISSION MEETING the consideration of an alternative proposal to the recommended Revocation (PLN2015-196) of a previously approved Modified Conditional Use Permit (PLN2013-197/PLN2007-128) for an existing private school (Carden Day School) located at 1980 Hamilton Avenue, to allow staff to craft specific recommendations for milestones and proposed site plan. (7-0) ** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 10:44 p.m. to the next Regular Planning Commission Meeti~of September 8, 2015. SUBMITTED BY nne~'Fiinn, Recording Secretary APPROVED Bti': ATTEST: