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PC Min 08/23/2005 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY AUGUST 23, 2005 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of August 23, 2005, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Gibbons and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Elizabeth Gibbons Bob Alderete George Doorley Tom Francois Michael Rocha Commissioners Absent: Commissioner: Commissioner: Mark Ebner Bob Roseberry Staff Present: Community Development Director: Associate Planner: Planner I: City Attorney: Recording Secretary: Sharon Fierro Tim J. Haley Stephanie Willsey William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Doorley, the Planning Commission minutes of August 9, 2005, were approved as submitted. (5-0-2; Commissioners Ebner and Roseberry were absent) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of August 23, 2005 Page 2 ORAL REQUESTS There were no oral requests. *** PUBLIC HEARING Chair Gibbons read Agenda Item No.1 into the record as follows: 1 PLN2005-48 (PM) PLN2005-49 (PD) Martinez, J. Public Hearing to consider the application of Mr. Jose A. Martinez, on behalf of Mr. Tony Baig, for a Tentative Parcel Map (PLN2005-48) to allow the creation of four lots and one common lot and a Planned Development Permit (PLN2005-49) to allow the removal of a home on the City's Historic Resources Inventory and the construction of four new small-lot, single-family residences on property owned by Ms. Sameena Baig located at 68 Sunnyside Avenue in a P-D (Planned Development) Zoning District. A Mitigated Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: September 20, 2005. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: . Reported that the applicant is seeking approval of a Tentative Parcel Map to create four lots and one common lot and a Planned Development Permit to allow the removal of a home listed on the City's Historic Resources Inventory and the construction of four small-lot single-family residences. . Stated that the General Plan Land Use for this property is Low to Medium Density Residential, which allows between six and 13 units per gross acre. The project is proposed at a density of 8.5 units per gross acre. . Added that the Zoning is P-D (Planned Development) that allows this project with the granting of a Planned Development Permit. . Explained that the four units would be detached with two located at the front and two at the back of the lot. Access to all four homes would be via a common drive off of Sunnyside Avenue. . Advised that no protected trees would be removed and that a landscaping plan for the entire property has been proposed. . Said that the parking provided is 12 spaces with two-car garages for each unit and four uncovered guest parking spaces. . Added that the requirement is for 3.5 spaces per unit but that staff feels this parking is adequate in light of the close proximity to the new Light Rail Station. . Stated that the Historic Preservation Board reviewed the proposal and is supportive of the demolition of the house that is included on the City's Historic Resources Inventory with requirements for documentation prior to demolition and that the demolition not occur until final project approval is received. Planning Commission Minutes of August 23, 2005 Page 3 . Recommended that the Planning Commission forward a recommendation to Council for final approval of this project. Chair Gibbons asked Planner Stephanie Willsey whether the landscaping coverage also includes the driveway area. Planner Stephanie Willsey advised that none of the paving is counted as landscape area. Chair Gibbons asked about other nearby projects on Sunnyside and the parking requirements imposed on those sites. Planner Stephanie Willsey replied that the parking for those sites was based on Single Family Residential standards rather than Planned Development. Therefore, the parking required was one covered and one uncovered space per house. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project ton August 9th and was supportive with no added recommendations. Chair Gibbons opened the Public Hearing for Agenda Item No.1. Mr. Jack Witthaus, 92 Sunnyside Avenue, Campbell: . Explained that he is the adjacent property owner and supports this project. . Said that the applicant has done a good job in a number of areas including architectural design and landscaping for this challenging site and that he appreciates how the applicant has dealt with his concerns. . Expressed his appreciation for the environmental review done by staff. . Asked that a 17 foot setback, which is the distance his home is setback from the property line, be required of the homes on this project too. . Added that the proposed setback is 10 to 12 feet. . Said that otherwise he thinks the applicant has done a good job addressing a lot of concerns and that this is a pretty well designed project. Chair Gibbons asked Mr. Jack Witthaus if he lives closer to Winchester. Mr. Jack Witthaus said his property is to the east of the project site. Chair Gibbons expressed her surprise that windows are included on the second floor facing the back instead of the side. Mr. Jack Witthaus said that there are minimal impacts on his yard. Chair Gibbons closed the Public Hearing for Agenda Item No.1. Planning Commission Minutes of August 23, 2005 Page 4 Chair Gibbons . Reiterated her surprise that there are windows on the second floor facing back instead of to the side. . Asked about plans for tree replacement and where new trees would go. . Suggested that trees be located along the property line. Planner Stephanie Willsey reminded that there is no requirement for 24 inch or 36 inch replacement trees as no protected trees are being removed. Chair Gibbons: . Said that she has a problem with five foot setbacks, especially in the back. . Suggested that the 10 -foot space proposed between buildings be reduced to nine feet in order to leave a six-foot setback to the rear. . Stated that a 17 foot setback was requested by the neighbor and that 15 feet is proposed by the applicant. Therefore, she is not too concerned. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Doorley, the Planning Commission took the following actions: . Adopted Resolution No. 3671 recommending the adoption of a Mitigated Negative Declaration; . Adopted Resolution No. 3672 recommending approval of a Tentative Parcel Map (PLN2005-48) to allow the creation of four lots and one common lot; and . Adopted Resolution No. 3673 recommending approval of a Planned Development Permit (PLN2005-49) to allow the removal of a home on the City's Historic Resources Inventory and the construction of four new small-lot, single-family residences, on property owned by Ms. Sameena Baig located at 68 Sunnyside Avenue, by the following roll call vote: AYES: Alderete, Doorley, François, Gibbons and Rocha NOES: None ABSENT: Ebner and Roseberry ABSTAIN: None Chair Gibbons advised that this item would be considered by Council at its meeting of September 20,2005, for final action. *** Chair Gibbons read Agenda Item No.2 into the record as follows: Planning Commission Minutes of August 23, 2005 Page 5 2 PLN2005-86 Wallace, D. Public Hearing to consider the application of Mr. David Wallace, on behalf of Veritas Christian Academy, for a Conditional Use Permit (PLN2005-86) to allow the establishment of a private school in existing structures at an existing church site on property owned by the First Baptist Church of Campbell located at 400 Llewellyn Avenue in a P-F (Public Facilities) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: . Explained that the applicant is seeking approval to establish a private school within existing structures at the First Baptist Church of Campbell located at 400 Llewellyn Avenue. The school would utilize 4,309 square feet of existing classroom space within four existing classroom buildings for kindergarten through 12th grade students. The maximum number of students would be 63. . Said that the site previously included a private school in the 1970s and 1980s. . Described the zoning as P-F (Public Facilities). . Reported that the classroom hours would be from 8 a.m. to 3:15 p.m. The bulk use of the school facilities would be between the hours of 7:30 a.m. and 5 p.m. . Stated that a new trash enclosure would be constructed as well as an outdoor lunch area and a new loading area for student drop off and pick up. . Said that there are 88 parking spaces available and 40 are required. . Added that the uses for this property have different peak use times. The church uses the sites on Sundays and during evening weekday hours. The school would use the site during weekday hours. . Recommended that the Commission adopt a Resolution approving this Conditional Use Permit. Commissioner Doorley asked how the number of students at 63 was reached, saying it seems like a small number. Planner Stephanie Willsey explained that this student number was reached as the maximum that could be accommodated on site without creating traffic impacts. Commissioner Doorley asked if this number was derived by the City or the applicant. Planner Stephanie Willsey replied that there may be lease impacts as well. Commissioner Doorley asked if pre-school will be provided too. Planner Stephanie Willsey replied no. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: Planning Commission Minutes of August 23, 2005 Page 6 . SARC reviewed this project on August 9th and was supportive. . Advised that SARC requested the inclusion of umbrellas for the lunch area, which has been incorporated into the conditions of approval. . Added that SARC also wanted to require the planting of additional trees, which has not been added into the conditions. Chair Gibbons opened the Public Hearing for Agenda Item No.2. Mr. Ron McLeod, 403 King Court, Campbell: . Said that his home is located near the proposed lunch area. . Expressed concerns about traffic in the area. . Reported that there are currently two stop signs on Llewellyn Avenue and he often calls the Police since people seldom stop at these signs. . Said that this use represents about a five percent increase in traffic in this area and he is concerned about how traffic will be addressed. . Reported that people often come onto the property at the back in the nighttime hours to drink and carry on, often creating trash and/or damage to fencing and property as well as bothering dogs in the yards. . Said that he has no problem with the idea of having a school on this site but he is worried about properties and children in the area. . Suggested the placement of a fence around this site to stop the night time use of this property by young people as a hang out place to park and drink. Mr. Adem Aybar, 290 Llewellyn Avenue, Campbell: . Said that in 1991 signatures were collected to require stop signs on Llewellyn. These stop signs helped to ease traffic but there is still a lot of traffic in the area. . Expressed concerns over impacts from Post Office traffic. . Said that having a school here is a good idea as long as associated traffic can be controlled and as long as noise and surrounding properties are protected. . Said without those issues being addressed, he would object to this request. Mr. David Wallace, Applicant, Veritas Christian School: . Thanked the Commission for the opportunity to speak. . Said that the number of students being capped at 63 is the result of the total daily trips allowed prior to requiring a more lengthy traffic study, which would take longer to prepare and process. . Said that 63 students is sufficient in the short to medium-term. It gives them room to grow to a moderate size and determine if this site is a desirable long-term location for their school. They hope that it is. . Assured that during school hours they are responsible for the actions of their students including litter control and that their students are not unsupervised. . Added that as a private school, they screen the students they accept. Commissioner Doorley asked Mr. David Wallace if there is a pre-school included. Planning Commission Minutes of August 23, 2005 Page 7 Mr. David Wallace replied no and they have no interest in adding one. Commissioner Doorley asked if there is before and after-school care provided. Mr. David Wallace explained that the school site opens at 7:30 a.m. School starts at 8 a.m. School closes at 3:15 p.m. Up until 5 p.m. they will offer study hall and minimal sports, all of which are supervised activities. Commissioner Doorley said that as a result pick up times would be somewhat staggered. Mr. David Wallace replied exactly. Chair Gibbons pointed out that the report states operational hours between 7 a.m. and 6 p.m. Mr. David Wallace explained that they have to clean up after the students leave. Commissioner Rocha asked about security and whether there is some sort of relationship between this school and the church on site. Mr. David Wallace replied that they are a tenant of the church but are not affiliated with the church. Chair Gibbons closed the Public Hearing for Agenda Item No.2. Commissioner Alderete: . Said that the school is a tenant of the church but that the church is responsible for the condition of their property and grounds. . Said that staff should advise the neighbors what they can do to report their concerns about site maintenance. Planner Stephanie Willsey said that neighbors are encouraged to complete a complaint form to address site issues that are outside of this proposed school use. Chair Gibbons said issues raised are a Use Permit issue since the church is the property owner who is getting a value from the Use Permit in the form of rental income from the school. She said that requiring security gates with this Use Permit is not inappropriate. Commissioner Rocha said that he agrees. Chair Gibbons asked if there is a fence around this property. Planner Stephanie Willsey replied yes. Planning Commission Minutes of August 23, 2005 Page 8 Commissioner Francois said that he too saw fences in place although some of the fencing is damaged. Planner Stephanie Willsey said that there is fencing except for along Llewellyn Avenue. Chair Gibbons: . Said that noise, traffic and privacy impacts are issues that have been raised in the past with location of new schools. . Said that she is concerned about the proposed placement of the lunch area so close to nearby residences. . Asked if all students would take lunch at the same time. . Reminded that in past approvals a condition for carpooling was imposed to help alleviate traffic impacts. . Said that she is sensitive to the selection of trees. Commissioner Francois reminded that noise issues are already addressed in the conditions of approval. Chair Gibbons said that these conditions do not go far enough. Commissioner Francois pointed out that this is a large site and that there is more than enough space and conditions to satisfy noise issues. Chair Gibbons suggested phasing lunch breaks. Commissioner Rocha: . Reminded that the Montessori school at the old post office building on Latimer Avenue is surrounded by dense residential and works out fine there. . Added that he does not foresee a problem with up to 63 kids. . Reminded that this applicant was very receptive to suggestions made by SARC. Chair Gibbons once again questioned the placement of the lunch area so near to residential uses. Commissioner Alderete: . Said that there is damaged fencing for a house on Carlyn that is currently under construction. . Reminded that there were previously 200 students on site with the earlier school use. . Pointed out that there is 120,000 square feet of open space available. . Reiterated the need for some sort of shade for the students, which is why SARC had suggested the inclusion of umbrellas with the lunch area. Chair Gibbons: Planning Commission Minutes of August 23, 2005 Page 9 . Said that she still feels strongly about the placement of the lunch area and that it should be moved as it is proposed for an area that is too close to neighbors. . Recommended a condition to relocate the lunch area elsewhere on site. . Recommended a condition to add lockable gates. . Said that she is supportive of this request with increased landscaping on site. Commissioner Alderete: . Asked Chair Gibbons for her recommendation of a better place on site for the lunch area. . Said that the north side of the property is next to the Post Office, separated by a chain link fence and close to vehicle fumes. . Said that other potential sites are existing play areas. . Pointed out that to the west are the basketball courts. . Said that if the lunch area is moved to the south it would be closer to different neighbors. Chair Gibbons suggested the other side of the play area. Commissioner Rocha said that since the size of the lunch area is small, there is opportunity to relocate it. Commissioner Doorley: . Said that while he can agree that there is the ability to relocate the lunch area elsewhere. . Stated his preference to have the issue of lockable gates be addressed in the future only if there are demonstrated problems associated with this use. . Said that he would not mind requiring that the broken fencing be repaired as this is a logical requirement although it is also a mutual issue between the two property owners. . Said that he would rather not impose a requirement for additional landscaping due to the economic hurdles a new school faces during these difficult economic times. . Reminding that no landscaping is being lost due to this use. Commissioner Francois: . Said that his only issue is the requirement for gates due to problems with police and fire access during after hour's emergencies. . Stated that having gates is not a good idea. . Agreed with Commissioner Doorley regarding landscaping but also stated that this site's landscaping is stark and he would like to see some added. . Said that the lunch area would be monitored and that he did not know where else on site it could better be located. Commissioner Rocha: . Said he mirrors the comments made by Commissioners Doorley and Francois regarding gates. Planning Commission Minutes of August 23, 2005 Page 1 0 . Said that he would rather see this project come back to the Commission in the future in the event that the issue of gates needed further consideration. . Stated that he has no problem with relocating the lunch area. . Agreed that the landscaping is very barren and he too would like to see some added in cooperation with the property owner and not just as a burden on this applicant. . Said that he is supportive of this project. Chair Gibbons: . Said that the use of this site for a school is excellent and she supports the idea. . Reminded that the Conditional Use Permit process gives a benefit to the property owner and the Commission consistently requires site upgrades to support a Use Permit. There is plenty of precedence for such conditions and they are appropriate to impose. . Said she is not supportive of this application because the eating area has the potential of adversely impacting nearby residences. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3674 to approve a Conditional Use Permit (PLN2005-86) to allow the establishment of a private school in existing structures at an existing church site on property located at 400 Llewellyn Avenue, by the following roll call vote: AYES: Alderete, Doorley, François and Rocha NOES: Gibbons ABSENT: Ebner and Roseberry ABSTAIN: None Chair Gibbons advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Gibbons read Agenda Item No.3 into the record as follows: 3 PLN2005-60 Romani, H. Public hearing to consider the application of Ms. Holly Romani, on behalf of Cheerdivas, for a Conditional Use Permit (PLN2005-60) to allow the establishment of a cheerleading training facility of approximately 7,000 square feet within an existing industrial building on property owned by Harris & DeGeorge Properties located at 1400 Dell Avenue in a C-M (Controlled Manufacturing) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Tim J. Haley, Associate Planner Planning Commission Minutes of August 23, 2005 Page 11 Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Stated that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a cheerleading facility within 7,938 square feet of an existing building that totals 25,570 square feet. This tenant space represents 31 percent of the overall building. . Said that the zoning is C-M (Controlled Manufacturing) which requires a Conditional Use Permit for athletic training facilities. . Reported that the parking provided on site is 98 spaces. The requirement for such a use is 1 space for every 150 square feet or 50 spaces. The proposed cheerleading facility will consist of a maximum of 20 students and up to seven staff. Therefore, the parking is found to be adequate for this proposed use. . Informed that this building was constructed in the early 1970s and is occupied by the San Jose Mercury News for warehousing use as well as another small office use. . Explained that the operational hours for this cheerleading facility are from 5 to 9 p.m. on weekdays and from 10 a.m. to 9 p.m. on weekends. . Said that as there were no architectural changes this project did not include SARC review. Commissioner Francois asked if this use is consistent with the operational hours of the Hardtke training facility. Planner Tim J. Haley replied yes. Commissioner Rocha said that it is a hot button for him when industrial buildings are occupied by non-conforming uses. He asked where the primary entrance is for this tenant space. Planner Tim J. Haley said that there is a man door next to the roll up door to access this tenant space. He added that the West Valley Gymnastics facility is located nearby in a similar building. Commissioner Rocha asked if there are adequate bathrooms to serve this site. Planner Tim J. Haley said that the Building Division will ensure compliance with this sort of requirement. Commissioner Rocha asked if the chain link fencing would impact access to available parking at times. Planner Tim J. Haley said he would defer this question to the applicant. Commissioner Rocha said that if a machine shop business were to be established in this building in the future such a use might not be compatible with something like this one where kids are the patrons. Planning Commission Minutes of August 23, 2005 Page 12 Planner Tim J. Haley pointed out that this property is bounded by percolation bonds on two sides and a street on the other. Only one side has neighbors. Commissioner Alderete asked about the other uses in this building. Planner Tim J. Haley said that one is an office use and the other tenant is the San Jose Mercury News for a distribution facility. Commissioner Alderete asked if there are trucks and forklift use with the San Jose Mercury News. Planner Tim J. Haley said that he is not aware of use of forklifts but that there is a truck dock for deliveries. Commissioner Alderete asked for clarification for the hours of use by the other tenants on site. Planner Tim J. Haley replied that they are staggered. The office use is 9 a.m. to 5 p.m. Chair Gibbons asked about a condition for Building Department review of this facility. Commissioner Doorley reported that several years ago he shared Commissioner' Rocha's concern about non-conforming use of a Controlled Manufacturing zoned property. However, this is an area in flux and this use represents a viable use of this space as long as driveway access is ensured. Commissioner Rocha pointed out that the circulation at the building where West Valley Gymnastics is located goes around the building. This building is not designed for that kind of circulation. Chair Gibbons opened the Public Hearing for Agenda Item No.3. Mr. Sandy Harris, 906 Capri Drive, Campbell: . Said that there are several buildings on Dell Avenue with similar uses. . Reminded that the San Jose Mercury News uses its space between midnight and 6 a.m. and not at all during the day. . Reported that there is a huge area for turnaround purposes and assured that the gate is never closed and/or locked. . Added that the office use has only 6 employees and they create little traffic on site. . Stated that there is no conflict with other tenants. This is a good fit for this location. Commissioner Rocha asked Mr. Sandy Harris if he is one of the property owners of this building. Planning Commission Minutes of August 23, 2005 Page 13 Mr. Sandy Harris replied yes. Ms. Holly Romani, Applicant and Owner, Cheerdivas: . Reported that there are six restrooms in this tenant space. . Said that between 5 and 7:30 p.m. her students are high school aged girls who drive themselves to class. Commissioner Francois sought clarification that the maximum capacity would be 27 people. Ms. Holly Romani replied correct. Commissioner Francois reiterated that there are 31 spaces available and that older students drive themselves to class while others are dropped off. Ms. Holly Romani replied yes. Commissioner Alderete asked how the number of students can be kept so low and whether special events might require more capacity on site. Ms. Holly Romani said that her teams are capped at 20. They compete in small division competitions. There may be some slight crossover when one class ends and the next begins. However, they rent other facilities, usually high school gymnasiums, for their large events as there is inadequate room on site to facilitate these types of events. Commissioner Rocha asked if this is a new school. Ms. Holly Romani replied yes. Chair Gibbons closed the Public Hearing for Agenda Item No.3. Commissioner Alderete said that parents driving in and out would be a greater threat to these students than any of the other uses on this property. He said that this is a great use of the property and he is supportive of this application. Chair Gibbons suggested establishing a time limit for this approval and asked staff if this is possible. Director Sharon Fierro replied yes, it is possible to either impose a review date or set an expiration date. Chair Gibbons said that she has a problem with what could happen around this use in future with new tenants. She suggested a five year renewal period. Planning Commission Minutes of August 23, 2005 Page 14 Commissioner Rocha suggested making the approval concurrent with the lease renewal dates. Commissioner Francois suggested asking the applicant her feelings on that requirement. Commissioner Doorley said that he does not see a reason for a sunset clause but could support a review of the use. Commissioner Francois concurred. Chair Gibbons re-opened the Public Hearing for Agenda Item No.3. Chair Gibbons reminded that a Use Permit runs with the building and suggested conditioning review by the City with lease renewal. City Attorney William Seligmann cautioned that no one at the City would know when the lease is due to be renegotiated. Chair Gibbons asked what a typical time frame for a lease is. Mr. Sandy Harris said that the San Jose Mercury News just entered into a new 10 year lease for this site. The Cheerdivas is seeking a two-year lease. At that time, Ms. Holly Romani can come to the City to discuss continuation at this site. Chair Gibbons agreed that the applicant can come back to the Community Development Director in two years. If there are any changes in tenancy on site, this Use Permit can be brought back to the Commission for further consideration. Commissioner Alderete asked what the trigger for this review is. Chair Gibbons said two years. Chair Gibbons re-closed the Public Hearing for Agenda Item No.3. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3675 granting a Conditional Use Permit (PLN2005-60) to allow the establishment of a cheerleading training facility of approximately 7,000 square feet within an existing industrial building on property owned by Harris & DeGeorge Properties located at 1400 Dell Avenue with the added condition that the applicant discuss the continuation of this Use Permit with the Community Development Director in two years time when the lease renewal is about to occur, by the following roll call vote: AYES: Alderete, Doorley, François, Gibbons and Rocha Planning Commission Minutes of August 23, 2005 Page 15 NOES: None ABSENT: Ebner and Roseberry ABSTAIN: None Chair Gibbons advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** MISCELLANEOUS 4. Cancellation of Planning Commission meeting of September 13, 2005. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: . Announced that Senior Planner recruitment is underway. ADJOURNMENT The Planning Commission meeting adjourned at 9:03 p.m. to the next Regular Planning Commission Meeting of September 27, 2005. (The meeting of September 13, 2005, has been cancelled). SUBMITTED BY: , APPROVED BY: /1£~~ Iza h Gibbons, Chair ~a~ ~ron Fierro, Secretary ATTEST: