PC Min 02/09/1999CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
FEBRUARY 9, 1999
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of February 9, 1999, was called to order at 7:30 p.m., in the
Council Chambers, 70 North First Street, Campbell, California by Chairman Jones, and the
following proceedings were had, to wit:
ROLL CALL
Commissioners Present:
Chair:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Brad Jones
Elizabeth Gibbons
Tom Francois
Joseph D. Hernandez
Susan A. Kearns
Mel Lindstrom
Dennis Lowe
Commissioners Absent:
None
Staff Present:
Community
Development Director:
Senior Planner:
Planner I:
City Attorney:
Reporting Secretary:
Steve Piasecki
Sharon Fierro
Aki Irani
William Seligmann
Corinne A. Shinn
WELCOME OF NEW COMMISSIONER
Chairman Jones welcomed newly-appointed Commissioner Joseph Hernandez to the Planning
Commission.
APPROVAL OF MINUTES
Motion: On motion of Commissioner Lowe, seconded by Commissioner
Gibbons, the Planning Commission minutes of January 26, 1999, were
approved. (6-0-0-1; Commissioner Hernandez abstained)
Planning Commission Minutes of February 9, 1999 Page 2
COMMUNICATIONS.
1. Letters relating to Agenda Item No. 1.
2. Packet of information from applicant for Agenda Item No. 1.
3. San Jose Mercury News Article
AGENDA MODIFICATIONS OR POSTPONEMENTS
Mr. Steve Piasecki, Community Development Director, suggested that the Commission consider
Agenda Item No. 2 prior to Agenda Item No. 1 since that application is a simple sign while the
hearing for Agenda Item No. 1 will take longer.
ORAL REQUESTS
There were no oral requests.
PUBLIC HEARING
Chairman Jones read Agenda Item No. 2 into the record.
2. SA 99-02
Slesnick, D.
Hearing to consider the application of Mr. Dave Slesnick, on
behalf of Zilog, for approval of a Sign Application (SA 99-02)
to allow a second sign for property located at 910 E. Hamilton
Avenue in a PD (Planned Development) Zoning District. This
project is Categorically Exempt. Planning Commission
decision final, unless appealed in writing to the City Clerk
within 10 days.
Ms. Sharon Fierro, Senior Planner, presented the staff report as follows:
· Advised that the applicant is seeking an additional sign for Zilog. The building is the former
Apple Building where Zilog occupies approximately three quarters of Building 2, fronting
onto Creekside.
· The applicants are concerned that their building might be less visible from Hamilton Avenue
and would like to have a second sign on the east side of the building, visible to westbound
traffic on Hamilton Avenue.
· There is an approved sign program for this site. The applicants are asking for 36 square feet
in additional sign area to be located on the upper portion of the building. The maximum
letter height proposed is 22 inches.
· Staff recommends approval.
Commissioner Gibbons presented the Site and Architectural Review Committee report as
follows:
· SARC reviewed this project on January 26, 1999, and is in support of this request for
additional signage.
Chairman Jones opened the Public Hearing for Agenda Item No. 2.
Planning Commission Minutes of February 9, 1999 Page 3
Chairman Jones closed the Public Hearing for Agenda Item No. 2.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Lindstrom,
the Planning Commission approved a Sign Application to allow an additional
36 square foot sign for Zilog on property located at 910 E. Hamilton Avenue,
by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom,
Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Chairman Jones advised that this approval is final in 10 days unless appealed in writing to the
City Clerk.
Chairman Jones read Agenda Item No. 1 into the record.
UP 98-15
Casa di Mir
Montessori
Continued Public Hearing to consider the application of Casa di
Mir Montessori Elementary School for approval of a
Conditional Use Permit (UP 98-15) to allow the establishment
of a private school on property located at 90 E. Latimer
Avenue in an PF (Public Facilities) Zoning District. This
Project is Categorically Exempt. Planning Commission
decision final unless appealed in writing to the City Clerk
within 10 days. (Continued from the meeting of January 12,
1999.)
Ms. Aki Irani, Planner I, presented the staff report as follows:
· Advised that this project was before the Commission at its meeting of January 12, 1999, at
which the applicants sought a Conditional Use Permit to allow the establishment of a
Montessori School on property located at 90 E. Latimer Avenue.
· The Commission continued consideration of this item for one month to allow school
representatives the opportunity to meet and work with surrounding neighbors to attempt to
address concerns.
· Within the packet are the current and previous staff reports as well as 120 letters. Fifty four
(54) letters are from surrounding neighbors who oppose this use and 64 are from parents and
faculty who support the use.
· On January 27, 1999, the representatives from Casa di Mar held a second community meeting
which approximately 8 to 10 neighbors attended. The major concerns expressed included
traffic, drop off and pick up, noise and privacy impacts.
Planning Commission Minutes of February 9, 1999 Page 4
The applicants have agreed to retain the existing "No Right Turn" sign from the site to
prevent traffic from going into the residential neighborhood but rather diverting it back
towards Winchester.
· Planning staff is supportive of the application and has added the required condition to have a
traffic monitor supervising the pick up and delivery of students. Additionally, if it tums out
that traffic on the public street is impacted by stacking as a result of the school, another
condition requires the use of a school van and/or bus to deliver students to the site to mitigate
that impact. Another condition of approval provides for the Planning Commission review of
complaints to determine if additional conditions are necessary.
· The hours of arrival and departure are staggered.
· It is believed that the site layout will prevent stacking of traffic on the public street. The site
plan depicts 15 cars on the site but the applicants state that up to 27 cars can cue up on site.
· Neighbors express concern about noise impacts. Staff advises that the use will only occur
during daytime hours.
· Another concern is the number of children proposed for this school. The school currently has
60 students enrolled and Planning staff is recommending a maximum number of 90 students
for the first year to allow the applicants to demonstrate that they can operate without
adversely impacting the surrounding residential uses. Following one year, expansion to 120
students can be considered once the school has demonstrated their ability to comply with the
Conditions of Approval.
· Additional screening will be installed using 24-inch box trees and the addition of a three-foot
lattice at the top of the surrounding wall.
Commissioner Lindstrom asked for details about the proposed screening.
Ms. Aki Irani advised that there is existing landscaping and that additional 24-inch box evergreen
trees will be installed to fill in any gaps in the existing landscaping. The three-foot lattice will be
added to the entire perimeter wall to help add privacy to the residential uses.
Commissioner Gibbons asked for a summary of the site's zoning.
Ms. Aki Irani advised that the site is zoned PF (Public Facilities). This zoning allows
governmental uses, such as State or Federal Offices, public schools and private schools with the
issuance of a Conditional Use Permit.
City Attorney William Seligmann advised the Commission that newly-appointed Commissioner
Hemandez has viewed the video tape from the January 12, 1999, meeting and is therefore
eligible to participate in this evening's review and to vote on the outcome.
Ms. Vicki Wagner, Office Manager, Casa di Mir Montessori School:
· Advised that they have produced a videotape that demonstrates their school's operation
which is available to show this evening.
· Informed that they had invited 183 local property owners to their community meeting and
according to their sign-in sheet six members from the local community actually attended.
Planning Commission Minutes of February 9, 1999 Page 5
Said that after hours the site will be secured and the security gate will be kept closed and
locked to prevent use of the play area.
· Mentioned that there are 165 days where their school is not open.
· Said that 11 percent of their student body resides in Campbell and 40 percent live within
three to five miles from the proposed school site.
· Advised that they have received eight applications from Campbell families for future
enrollment.
Chairman Jones opened the Public Hearing for Agenda Item No. 1.
Commissioner Lowe asked about hours of operation and what happens after 6 p.m.
Ms. Vicki Wagner advised that most students are gone by 5:30 p.m. The charge is $2 per minute
for any time after 6 p.m. which encourages parents to be prompt in picking up their children.
Mr. Russ Gamble, Project Architect:
· Said that Aki Irani did an excellent job in presenting the project.
· Stated that they are very interested in working with the surrounding neighbors.
Ms. Trisha Raphaelian, Casa di Mir Parent, Saratoga:
· Said that the school plans to communicate with the neighbors, keeping open lines of
communication using several available means including weekly and monthly newsletters, a
phone tree, daily notes as needed, parent meetings and monthly Board meetings which are
held on the third Tuesday of each month.
· Stated that they have a clean record with neighbors at their current site and will continue to
do so at this location.
Ms. Wanda Whitehead, Director, Casa di Mir:
· Said that she has been an educator for the last 25 years.
· Advised that they had asked their parents to come tonight in support but to limit their
comments to written ones in the interest in limiting the length of the hearing.
· Said that they are ready to move forward.
· Said that their teacher to student ratio is one teacher for every 15 students. It will take 110
students to break even. The additional 10 students will allow a small profit to help defray
debts and capital improvements.
· Stated that one condition is critical to them, the number of students allowed being 120.
· Asked the Commission to approve for 120 students.
· Promised a letter of commitment to limit enrollment to 95 for the first year of operation.
· Agreed to comply with all of the Conditions of Approval.
Chairman Jones sought clarification about the number of students the school needs to have.
Ms. Wanda Whitehead advised that they need approval for 120 after one year of operation.
During the first year, they are willing to not exceed 95 students.
Planning Commission Minutes of February 9, 1999 Page 6
Chairman Jones clarified that what they want is approval for 95 to begin with, and 120 after one
year.
Commissioner Lindstrom advised that a one-year review will occur regardless.
Ms. Wanda Whitehead clarified that their enrollment is already 60. They want to begin their
Kindercare program with 30 to 35 students immediately upon occupying this new site.
Commissioner Lowe stated that the Planning Commission cannot guarantee that every business
makes a profit every year.
Commissioner Gibbons advised the applicant that the permit is revocable after one year.
Mr. Colin Hatchard, 110 E. Latimer:
· Advised that he has prepared a traffic impact report using information obtained from the City.
· Suggested limiting the school to 60 students to allow time to assess the traffic.
· Said that a lot of assumptions have been made.
· Said that three drop off points have improved the situation but that it is unrealistic to expect
to stack 27 cars on site, 14 to 15 is more realistic.
· Said that while he gives the applicants credit for trying to make this site work, he believes
that they are overly ambitious with the arrival patterns.
Mr. Peter Eakland, Traffic Engineer:
· Said that he has enjoyed a healthy dialog with Mr. Hatchard.
· Stated that the project does work using the numbers provided by the applicant.
· Said that a critical mitigation is the number of drop off areas. Three are proposed and
suggests that maybe even five drop off areas might be warranted.
· Said that he is confident that this project has a good chance for success. The applicant
appears willing to address issues.
Commissioner Lowe asked if the analysis was based on 120 students.
Mr. Peter Eakland stated that peak arrival times were considered. Staggered arrivals are expected
to help.
Ms. Joan Banich, 222 N. Third Street:
· Advised that she has visited both the current school site and the proposed Latimer site.
Found the existing site to be ideal. As for the Latimer site, while the building may be large
enough to accommodate the school, the parking and play area and traffic flow are inadequate.
· Said that enough is enough. Sound will echo to the residences surrounding the site. There is
already enough traffic noise as well as cars running stop signs and red lights.
· Said that she attended the second neighborhood meeting and that the offer to install lattice on
the surrounding walls is the only change offered.
Planning Commission Minutes of February 9, 1999
Page 7
While the school has had three years to prepare, the surrounding neighbors have only had a
bit more than a month to voice their opposition.
· Redevelopment along the downtown area is already causing parking and traffic flow
concerns.
· Advised that she has spoken with Councilmember Dougherty regarding such concerns.
· Said that a traffic study is needed before a decision can be made.
· While visiting the current school site, the sound of high shrill voices was evident.
· Stated that this property needs to be brought forward to determine the best use for the
surrounding environment.
· If the gates close off the play area during the day, only 11 spaces will be available to park.
· Said that 120 is too many students.
Commissioner Kearns asked Ms. Banich if she would support the use with fewer students.
Ms. Joan Banich:
· Advised that she is less opposed with fewer children. Sixty might work.
· Added that she has additional faxes from neighbors opposed to this project.
Mr. Rich Gonzales, 49 Albatross Court:
· Said that he surveyed 24 property owners in his complex. Of the 24, 16 are opposed to this
proposal; five are neutral and three support the school use. Two of the three in support have
children.
· Said that this use will allow more traffic into the vicinity.
· Asked if an Environmental Impact Study has been done.
· Said that this proposal is not the best situation for the surrounding vicinity.
· Suggested that low-density housing would make him happier.
Commissioner Gibbons asked what uses have been on site over the last 10 years that Mr.
Gonzales has lived adjacent.
Mr. Rich Gonzales advised that a carpet trade school was on the site and Pacific Bell Teleysis.
There were noise concerns although PacBell tried hard to prevent noise.
Mr. Jay Yelland, 235 N. Third Street:
· Said that he has a major concern with this proposal.
· Stated that traffic on Latimer and N. Third Street
strained in the area.
· Said that the site cannot accommodate 120 students.
is already high and parking is already
Commissioner Lowe asked about the possibility of rezoning the site.
Planning Commission Minutes of February 9, 1999 Page 8
Mr. Steve Piasecki, Community Development Director:
· Advised that the City can initiate a rezoning if a use is not appropriate but that it is rare for a
City to do so.
· Potential zone change could be to office use or residential (low to medium-density).
· However the building on this site is legal and the owner has the right to use it. The value of
economic life has to be considered. This building is still useful.
Commissioner Lowe stated that not to allow the property owner to use their building causes an
economic hardship.
City Attorney William Seligmann added that there is no request current before the Commission
for a rezoning of the property. The Commission must review this proposal in context with the
existing zoning for the property.
Commissioner Gibbons added that the property owner could apply for a zone change.
Mr. Steve Piasecki advised that the owner could do so.
Mr. Mike Benton, 207 N. Third Street:
· Said that he and his neighbors are just people living in a neighorhood.
· They are just against this proposal because of the impact it would have on their properties.
· Said that he did not agree with the findings.
· Advised that it does not make common sense to install a playground surrounded on three
sides by residential uses.
· This use will impact the peace, comfort and property values of the surrounding property
owners.
· While the applicant claims only 3 V2 hours of outdoor play time, the potential is actually for
up to 8 hours of outdoor activity on the playground.
Mr. Craig Stanley, Campus Development Associates, Consultant for Casa di Mir.
· Said that there are not a lot of places for schools to go.
· Advised that he is a consultant who helps place private schools.
· Said that this building predates most homes and that this proposed use will cause just a
fraction of the former post office traffic.
· Said that placing a school within a residential area is common and does not hurt property
values.
· Advised that the property owner has rights for use of their property.
· A school use is compatible with the zoning and will have zero impact on the neighborhood.
· Said that if forced to reduce enrollment, the applicant may end up using just a portion of the
space and other tenants would be secured for the remaining space.
· Stated that this decision will be tough for the Planning Commission but that it is important to
society.
Planning Commission Minutes of February 9, 1999 Page 9
Mr. Glen Morton, 40 Puffin Court:
Said that there was no school in place when they purchased their home.
Asked what their area gains by having this school located in their neighborhood.
· Said that they needed more time to organize the neighborhood to fight against this use.
· Stated that a professional office use would be more compatible.
· Said that the applicants are trying to "fit a circle into a square."
Chairman Jones called for a break at 8:47 p.m.
Chairman Jones reconvened the meeting at 8:57 p.m.
Mr. David Keller, 222 N. Third Street:
· Stated that he is "pro kids" and that this is a family-oriented neighborhood.
· Traffic and parking are issues.
· Third Street is a major cut through to the downtown.
· Suggested that an asphalt playground is not a great surface for children especially 120
children.
· The Montessori program is a good one.
· This building was built as a post office and not a school.
Mr. Scott Jaunich, Jackson, Tufts, Cole & Black, San Jose, Attorney for Casa di Mir:
· Stated that he represents Casa di Mir.
· Advised that the property owner supports this proposed use.
· Said that the students arrive at different times and play outdoors at different times.
· Suggested that there is no real basis to justify a reduction in the number of students from 120.
· The site supports 120.
· Said that a short video is available which demonstrates the school as it operates.
Mr. Steve Riebold, 42 Puffin Court:
· Said that he has traffic concerns and already has difficulty leaving his own driveway.
Ms. Wanda Whitehead, Director, Casa di Mir:
· Advised that the Montessori format does not require strict start times. When the children
arrive, they begin their program.
· As proposed, there would be 80 elementary school aged children and 40 pre-school children.
Not all of these children would be in the playground at the same time. Also many students
choose to pursue indoor activities during recess such as computer work. Physical education
class size is 30 students.
Commissioner Francois asked how many children maximum would be in the playground at one
time.
Ms. Wanda Whitehead replied that 80 was the maximum.
Planning Commission Minutes of February 9, 1999 Page 10
Ms. Valerie Zurn, 164 N. Third Street:
· Said that she has three small children and when they play outdoors it is' loud especially if
joined by a few friends.
· Stated her concern about traffic on Third Street.
Ms. Gladie Tuscher, 45 Albatross Court:
· Expressed concem about the pollution that may result from cars circling on site.
· Said that the neighborhood is an adult one.
· Traffic congestion, noise and pollution are negative impacts of this proposal.
Commissioner Keams asked for details regarding this being an adult community.
Ms. Gladie Tuscher said that due to the small size of the units, there are only three units with
children out of the 49 units in the project.
Mr. John Zambetti, Property Owner's Representative:
· Said that they have not had much luck with tenants.
· Informed that his grandmother bought the property more than 30 years ago.
· For many years it was a post office, later a trade school and after that Pacific Telesis leased
the site. A huge amount of money was spent preparing the site for PacBell.
· Said that they empathize with the other residents of the area.
· This property is his mother's only source of income and has been empty for some time. It
takes a lot of money to rezone and rebuild the property.
· The existing zoning is somewhat limiting but no matter what the outcome with this
application, a worthy tenant will be pursued. That could mean a governmental or social
services agency.
· Promised to continue to listen to residents to work to make this use a benefit to everyone.
Commissioner Gibbons thanked Mr. Zambetti for being present to represent the owner's
interests.
Chairman Jones closed the Public Hearing for Agenda Item No. 1.
Commissiner Lowe:
· Advised that Planning Commissioners are just normal citizens of Campbell who volunteer
for service.
· The motivation for the Commission is to determine what is best for Campbell.
· Said that he does not see a good answer.
· The rights of the land owner, neighbors and applicant need to be taken into consideration.
· Advised that he has a Montessori school approximately 15 houses away from his own home.
· Said that he supports the proposal with the caveat that a one year review be conducted.
· Thanked the members of the audience for taking time to attend this evening's meeting.
Planning Commission Minutes of February 9, 1999 Page 11
Chairman Jones asked Commissioner Lowe how many students he supports for the first year.
Commissioner Lowe replied 90 to 95.
Commissioner Francois:
· Stated that the traffic issue has been addressed by staff.
· In the event that traffic becomes a problem and creates unsafe cueing or traffic stacking, the
school will be required to establish van or bus transportation for their students.
· Advised that should noise become an issue, there is an appeal process.
· Said that issues have been addressed and mitigated and the he is supportive of this proposal.
Commissioner Gibbons:
· Stated that it is wonderful to have community participation in this discussion.
· Said that the building is already there.
· Traffic issues have been addressed and the school's business plan is really
business.
their own
· Said that the issue she is struggling with is the noise impact on the immediate neighbors.
· The whole area is changing and this school could be great for Campbell.
· However, she will vote against as she believes that the neighbors' issues take precedence at
this time. She regrets not being able to support this use.
Commissioner Hemandez:
· Said that he visited the proposed site and found it to be small.
· Found the concerns regarding traffic and noise to be legitimate. However, lots of measures
are outlined in the Conditions of Approval to mitigate these concerns.
· Supports the project with a one-year review.
· Suggested that more than 90 students would be "pushing it."
Commissioner Kearns:
· Said that she is not comfortable in supporting the project as she is sensitive to the neighbors
and the neighborhood.
Commissioner Lindstrom:
· Advised that he attended the neighborhood meeting and the school did an excellent job with
the meeting.
· Said that it is not clear what's going to happen once the school is in place.
· Mentioned that he has experienced no problems with the Montessori school located near his
home.
· Said that the applicant is undertaking a risk in establishing with a one-year review period but
that the school has the right to try.
Planning Commission Minutes of February 9, 1999 Page 12
Chairman Jones:
· Advised that he is leaning toward not supporting this application.
· Stated that people choose to buy a home near a school or park and this use was not in place in
this neighborhood when they purchased their property.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Francois,
the Planning adopted Resolution No. 3218 approving a Conditional Use
Permit (UP 98-15) to allow the establishment of a a Montessori School on
property located at 90 E. Latimer Avenue, by the following roll call vote:
AYES: Francois, Hernandez, Lindstrom, Lowe
NOES: Gibbons, Jones, Kearns
ABSENT: None
ABSTAIN: None
Chairman Jones advised that this approval is final in 10 days unless appealed in writing to the
City Clerk.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Mr. Steve Piasecki, Community Development Director, was accepted as
presented with the following additions:
· Informed that the Planners Institute is scheduled for March 24-26, 1999, in Monterey and
asked the Commissioners to notify Corinne as to whether they planned to attend so that
appropriate reservations and deposits could be made.
· Advised that the Elephant Bar update regarding complaints will occur at the February 23,
1999, meeting.
ADJOURNMENT
The Planning Commission meeting adjourned at 9:34 p.m. to the Planning Commission meeting
of February 23, 1999, in the Council Chambers, City Hall, 70 North First Street, Campbell,
California.
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APPROVED BY: ~~
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StevXe~Piasecki, Secretary