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PC Min 07/27/2004 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JULY 27,2004 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of July 27, 2004, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Doorley and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: George Doorley Elizabeth Gibbons Tom Francois Joseph D. Hernandez Michael Rocha Bob Roseberry Commissioners Absent: Commissioner: Bob Alderete Staff Present: Community Development Director: Planner I: City Attorney Recording Secretary: Sharon Fierro Melinda Denis William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Gibbons, the Planning Commission minutes of June 22, 2004, were approved with one correction to page 9. (6-0-1; Commissioner Alderete was absent) COMMUNICATIONS 1. Revised findings and email regarding Item No.1. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. Planning Commission Minutes of July 27,2004 Page 2 *** PUBLIC HEARING Chair Doorley read Agenda Item No.1 into the record. 1. PLN2004-73 Fanelli, V. Public Hearing to consider the application of Ms. Virginia Fanelli, on behalf of Canyon Heights Academy, for a Conditional Use Permit (PLN2004-73) to allow the establishment of a private school within the former Hazelwood Elementary School site and a Fence Exception for seven foot high fencing on property owned by the Campbell Union School District located at 775 Waldo Road in a P-F (Public Facilities) Zoning District. Staff is recommending that this proj ect be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Project Planner: Melinda Denis, Planner I Ms. Melinda Denis, Planner I, presented the staff report as follows: · Advised that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a private school, with grades ranging from Pre-Kindergarten to 8t\ at the former Hazelwood Elementary School on Waldo Road. Additionally, the applicant seeks approval of a Fence Exception. · Stated that the project site is located on the northeast corner of Virginia and Waldo with residential uses surrounding. The General Plan Land Use designation is Institutional and the Zoning is P-F (Public Facilities). · Explained that private schools are required to obtain a Use Permit. · Said that Hazelwood School was opened in 1964 and closed earlier this year. · Said that Canyon Heights Academy has a current enrollment of 75 students and will use about half of the existing school site while subleasing the remainder to other similar education uses. The school proposes a maximum enrollment of 566 students in the future while staff is recommending a maximum of 400 students with 30 staff as a total. The operational hours are from 7 a.m. until 10 p.m., which includes before and after-school care as well as janitorial services. School instructional hours are from 8 a.m. to 6 p.m., Monday through Friday. There are five to six special events per school year that are held in the evening hours from 6:30 to 9:30 p.m. Additionally, there is one fall kick-off event that occurs on a Saturday. · Advised that there are 51 parking spaces while Ordinance requirements call for 98. There are no changes to the exterior or any proposed increase in square footage. Canyon Heights Academy would not be intensifying the previous public school use so staff is not requiring additional parking. Canyon Heights will utilize the same drop off/pick up locations, will have staggered arrive and departure times and implement a Parking Management Program. · Explained that the Fence Exception is for a seven-foot high cyclone fence to enclose the pre-school play yard area within the front setback. It has been determined that this fencing would not impair public safety. However, staff is recommending that the school install vinyl coated cyclone rather than standard cyclone fencing. · Stated that the pre-school playground and classrooms are the only areas that would be closed to the public. The remainder of the school property would still be open to public use, including the fields. Planning Commission Minutes of July 27,2004 Page 3 · Informed that the applicant and the representative from Campbell Union School District are available this evening for any questions. Commissioner Gibbons presented the Site and Architectural Review Committee Permit report as follows: · SARC reviewed this proposal at its meeting of July 13th and was supportive. · Explained that SARC had issues with fencing along the side of the site as far as proposed materials that should be something other than chain link. Planner Melinda Denis advised that this evening's Fence Exception pertains just to the play area (pre-school playground). Other materials were discussed for the side fencing but that fencing is not proposed for now but rather for the future. Chair Doorley asked for clarification on the term cyclone fencing. Commissioner Gibbons said that cyclone fencing is the same as chain link. Commissioner Hernandez asked if the Parking Management Program would also govern the other sublet uses. Planner Melinda Denis replied correct. The Parking Management Program would include the entire use of the site. Each tenant would be required to obtain separate Use Permit approval. Commissioner Francois asked whether the maintenance of landscaping on this site would be conditioned on this applicant and if there are any plans to upgrade the landscaping. Reported that the fields are not in very good shape and questioned the plans for the tennis courts and the long-standing community garden, both of which are in poor condition at this time. Planner Melinda Denis deferred this question to the applicant and CUSD representative. Commissioner Gibbons pointed out that the instruction hours are actually 7:30 a.m. to 6 p.m. Planner Melinda Denis replied correct. Commissioner Gibbons asked staff how many students were at the school before. Planner Melinda Denis replied 566. Commissioner Gibbons clarified that Canyon Heights is starting with 75 students and plan to build up to 400 with this Use Permit. Planner Melinda Denis replied correct. Chair Doorley opened the Public Hearing for Agenda Item No 1. Ms. Virginia Fanelli, Project Applicant and Representative for Canyon Heights Academy: Planning Commission Minutes of July 27, 2004 Page 4 · Said that staff has provided a very complete report so she has very little that needs to be added. · Stated that Canyon Heights Academy is very happy to be coming into Campbell and they are pleased that Campbell Union School District selected their school for the Hazelwood School site. · Said that Canyon Heights Academy is a private Catholic school that is open to students of all faiths. · Declared that this location is the perfect site for Canyon Heights Academy. Canyon Heights will be the perfect tenant. This is a safe neighborhood for this school and the campus has ample playing fields and buildings to serve this school. · Explained that they will start with 75 students and sublease space to other similar uses. There is already an existing nursery daycare program on site that has a lease with CUSD until the next school year. · Advised that Canyon Heights Academy hopes to build up to 560 students with 40 staff as its ultimate goal. · Said that they are willing and happy to accept staff s recommendation of a maximum of 400 at this time and that they understand that additional traffic studies would be required to increase the maximum occupancy in the future. · Added that they would need flexibility to be able to bring up the student body later. · Stated that there is some confusion on the issue of fencing. The only fencing sought at this time is the Pre-K playground fencing that is required for security. The other fencing proposed for the future is purely for security to enclose the school buildings and prevent vandalism. · Assured that they would be happy to do something other than cyclone fencing there. · Stated that Canyon Heights would be good neighbors. · Explained that the school would incorporate staggered start times, would not use any bells and has students that are well behaved. · Said that Canyon Heights would be happy to meet with neighbors anytime in the future. · Thanked the staff for going above and beyond, explaining that they just got the lease in April. Commissioner Rocha asked Ms. Virginia Fanelli about the field maintenance issue raised earlier. Ms. Virginia Fanelli said that the School District is in charge of the fields and landscaping, watering and maintenance. Added that she was not sure about the tennis courts. Mr. Dale Thurston, Representative, Campbell Union Elementary School District: · Explained that the City's Recreation Department rents out the fields. The School District maintains them. Repairs are underway on broken lines in the irrigation system. · Reported that the garden area will be dug out and trees will be planted there. The tennis courts would be removed, unless the City is interested in funding their maintenance. If not, they will be removed. Commissioner Francois asked what would replace the tennis courts. Mr. Dale Thurston said that this has not yet been decided. Planning Commission Minutes of July 27,2004 Page 5 Commissioner Gibbons asked about the broken fencing that separates the school from the Jeffrey Avenue access path. Mr. Dale Thurston explained that this access provides sewer line access for the school site. This parcel is also owned by CUSD. It is used as a means of access as the community wanted access from Jeffrey to the fields. Commissioner Gibbons asked if the school was responsible for the maintenance of this fencing. Mr. Dale Thurston replied yes. He added that there is some question as to when this access should be left open. Chair Doorley asked Mr. Dale Thurston about the arrangement with the City to rent out the playing fields. Mr. Dale Thurston said that this arrangement was made about five years ago between the City and the Campbell Union School District whereby the City rents the school fields. Chris Ghione, who is with the City's Recreation Department, is the one who rents out the fields. The same arrangement exists with the Dover School site. Mr. Ernest Tagatac, 587 Virginia Avenue, Campbell: · Expressed his chief concern as being traffic. · Pointed out that the students at Hazelwood predominately walked to school and that when this private school opens most students will be driven to the campus. · Explained that it sometimes takes five to six minutes just to exit his driveway in the mornmg. · Asked what plans are proposed to keep traffic down. · Suggested one alternative as being one-way traffic along a portion of Virginia during school commute times. · Added that he hopes any fencing installed is such that they cannot be vandalized, which solid fencing could be with graffiti. · Stated that he is glad that a Christian school is proposed for the site with high moral standing. · Questioned the plans for traffic management. Commissioner Francois pointed to Condition 10 that addresses traffic. Mr. Ernest Tagatac asked how traffic is analyzed. Director Sharon Fierro: · Stated that Hazelwood School had a maximum enrollment of 566. This Use Permit allows a maximum of 400. This is the first means of controlling traffic impacts. · Explained that whereas the City has no control over the public school activities, it does have control over private school uses. · Added that conditions requiring carpooling and the fact that many families will be bringing in sibling groups within one car are factors to help control traffic impacts. Additionally, Planning Commission Minutes of July 27,2004 Page 6 the school will implement staggered start times and have a traffic monitor. The City will check in with the school and observe over time, the impacts ofthe school. Mr. Ernest Tagatac agreed that staggered start times are a good idea but reiterated his concern that previously only a small percentage of students were driven to school with a majority walking. Director Sharon Fierro reported that a larger percentage than is typical were actually driven to this site. Mr. Ernest Tagatac countered that with this private school virtually all students would have to be driven. Director Sharon Fierro: · Reminded that carpooling is required and that before and after-school care would also result in staggered arrival and departure times. · Advised that another private school on Latimer Avenue raised similar neighbor concerns when originally considered. Similar conditions were imposed and were successful. · Added that if problems are raised, this Use Permit can be brought back for further consideration. Mr. Ernest Tagatac asked Director Sharon Fierro if the residents around that Latimer Avenue school had been checked with to see ifthey are happy. Director Sharon Fierro replied yes, just recently. She suggested that the operator of Canyon Heights post a contact number for the public in the event that problems arise. If not resolved, residents can contact the City. Chair Doorley pointed out that there is an opportunity to speak at any public meeting. Stressed that traffic is a very important issue, one that is paid great attention. This is not a trivial issue. Mr. Ernest Tagatac questioned the fact that all surrounding streets in this area have been repaved with the exception of Virginia. In light of this new traffic, the need is great as there are many potholes on this street. Director Sharon Fierro stated that this question would be referred to Public Works. Planner Melinda Denis pointed out Condition 10-D whereby if queuing problems arise, the applicant may be required to prepare a Traffic Management Program. Mr. Ernest Tagatac said that the kids who used to attend Hazelwood that now have to be driven to Capri should also be factored into the equation. Kids that used to walk to school. Commissioner Hernandez asked Mr. Ernest Tagatac what he would like to see at Hazelwood School ifnot a school. Planning Commission Minutes of July 27,2004 Page 7 Mr. Ernest Tagatac said that he was actually delighted to have a Christian school but that he wants some kind of traffic plan, perhaps sending traffic down Sunnyoaks. He is not unreasonable, he just has concerns. Commissioner Gibbons: · Said that several Commissioners live on streets with schools. · Stated that there is a benefit in that this school will begin with just 75 students in its first year and will grow gradually thereafter. · Advised that she had voted against the private school on Latimer Avenue five years ago. That school just came back before the Commission this year for a Modification to its Use Permit. Not one neighborhood complaint has been received in all that time. · Said that this proves that Conditions of Approval can be helpful. One of the things controlled was the traffic direction for that site. · Said that a traffic plan does not make sense right now with just 75 students. The school can send flyers to parents to give direction on how to access the school. · Reiterated that there is a good current track record that this approach works. Mr. Dean Holth, 738 Marilyn Drive, Campbell: · Said that he is glad to hear that the lawn area and basketball courts would still be available for public use but unfortunate that the pre-school playground would be fenced off from public use. · Reported that he had taken his child, now 14, to that playground when he was young. Planner Melinda Denis advised that the existing playground equipment would be removed because it does not meet State requirements. There are no plans for new equipment, just sandboxes and small equipment. Commissioner Gibbons pointed out that if the tennis courts are demolished, perhaps a toddler play area could be constructed there. Director Sharon Fierro said that this suggestion could be forwarded on to Public Works for consideration. Mr. Michael Holden, 754 Jeffrey Avenue, Campbell: · Pointed out that a lot of student pick up used to occur on Jeffrey Drive, blocking driveways. · Said that the positioning of soccer goals results in many errant soccer balls in his backyard. People don't hesitate to come into his year to retrieve these balls. Planner Melinda Denis advised that similar concerns were raised in the email distributed. She added that a condition could be imposed that requires access to the site occur only from Waldo Road. Commissioner Gibbons added that a restriction against teachers from the school site parking on Jeffrey could also be imposed, directing them to use the front access and parking lot. A parking plan could address this. She added that the community's desire for access to the playing fields from Jeffrey must be considered against the problem with parking occurring on Planning Commission Minutes of July 27, 2004 Page 8 Jeffrey. She asked if CUSD is the one who can determine what happens with this access from Jefrrey. Planner Melinda Denis replied the question to keep it opened or closed off is up to the District. Ms. Virginia Fanelli advised that Canyon Heights Academy would not use that access. Regarding the community using that access, that decision is up to the Planning Commission. Mr. Dale Thurston: · Reported that they would be redesigning the fields. · Said that the goals would be removed on Friday. · Stated that trees are to be planted. · Said that many who are kicking balls into the adjacent yards are adults who are using the field without required permits. Commissioner Gibbons asked if the District would work with the community on the placement of the new soccer nets. Mr. Dale Thurston replied that no permanent nets would be installed. Soccer leagues would be required to bring in their own temporary goals only. Chair Doorley closed the Public Hearing for Agenda Item No.1. Commissioner Roseberry asked what happened in 1984 when the easement access to Hazelwood School from Jeffrey was fenced off and what caused it to be opened as a thoroughfare to the public. Mr. Dale Thurston replied that there is no easement. The District also owns this property. It cannot be sold as it is the only way for a sewage connection to the school. Commissioner Roseberry asked if the District has the right to block access or keep it open. Mr. Dale Thurston reported that the community wanted access to Hazelwood School from as many areas as possible. The gate was locked during school hours and left open after school hours. Director Sharon Fierro advised that keeping this gate closed could be conditioned but not all in the community would support that idea. She stated that if the school's use of this access causes problems, this issue could be addressed in the Use Permit but that she did not believe it would be a problem. This issue of access from Jeffrey Avenue to Hazelwood School is more between the District and the community. Commissioner Hernandez: · Agreed that probably half of the residents would want this access from Jeffrey left open and half would want it closed. · Said that the only issue for the Jeffrey Avenue access to this site as it relates to this Use Permit is if J effrey Avenue is used to drop off students. Planning Commission Minutes of July 27,2004 Page 9 · Stated that traffic is a real concern and that the Conditions of Approval should help control the flow of traffic. Ifthere are issues, there is a venue to complain. · Stressed that the applicant must be a good neighbor. · Pointed out that his child attends a private pre-school and each month parents are handed maps with instructions. · Said that this is a small school with 75 students to start. . Expressed his support. Commissioner Rocha: · Said that any subleases for this site would also come before the Planning Commission for Use Permit approvals. Traffic impacts can be considered on a case-by-case basis. · Advised that he lived in this neighborhood for 21 years and ran laps on the field. Expressed his support. Commissioner Gibbons expressed her support and suggested adding text to Condition 10-C " . . . all drop off and pick up shall occur at the front of the school." Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Rocha, the Planning Commission took the following actions: · Adopted Resolution No. 3577 approving a Conditional Use Permit (PLN2004-73) to allow the establishment of a private school within the former Hazelwood Elementary School site, with the added text to the end of Condition 10-C "...all drop off and pick up shall occur at the front of the school," and · Adopted Resolution No. 3578 approving a Fence Exception for seven foot high fencing to enclose the pre-school playground on property owned by the Campbell Union School District located at 775 Waldo Road, and · Found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: Alderete ABSTAIN: None Chair Doorley advised that this action is final unless appealed in writing to the City Clerk within 10 days. *** Chair Doorley read Agenda Item No.2 into the record. Planning Commission Minutes of July 27,2004 Page 10 2. PLN2004-82 Petit, J. Public Hearing to consider the application of Ms. Julie Petit, on behalf of Equity Office Properties for a Master Sign Plan and Sign Exception (PLN2004-82) for the Prune Y ard Shopping Center on property owned by Equity Office Properties located at 1875 S. Bascom Avenue in a C- 2-S (General Commercial) 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 days. Project Planner: Stephanie Willsey, Planner I Chair Doorley opened the Public Hearing for Agenda Item No 2. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission continued consideration of a Master Sign Plan and Sign Exception (PLN2004-82) for the PruneYard Shopping Center on property owned by Equity Office Properties located at 1875 S. Bascom Avenue, to the next Planning Commission meeting on August 10, 2004. (6-0-1; Commission Alderete was absent) *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Advised that Council approved the Zone Change for property located at 236 N. Central and elected to reimburse the filing application fee. Also, Council approved the conceptual plan for Ainsley Park. · Reported that Council upheld the Planning Commission's action to approve a Parcel Map at 1045 Hazel Avenue, denying the appeal. Additionally, Council approved the plans and specifications for the Victor/Campbell Signal Project. · Informed that the next agenda would consist of just one item since the applicant for the second item did not make this evening's SARC meeting. The item would be moved back to the August 24th Planning agenda. ADJOURNMENT The Planning Commission meeting adjourned at 8:35 p.m. to the next Regular Planning Commission Meeting of August 10, 2004. SUBMITTED BY: APPROVED BY: ATTEST: