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PC Min - 07/24/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JULY 24, 2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of July 24,2007, was called to order at 7:32 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Rocha and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Michael Rocha Bob Roseberry Bob Alderete George Doorley Mark Ebner Tom Francois Elizabeth Gibbons Commissioners Absent: None Staff Present: Acting COD Director: Housing Coordinator: Acting City Attorney: Recording Secretary: Jackie C. Young Lind Sharon Teeter Jeff Barnes Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Doorley, the Planning Commission minutes of the meeting of July 10, 2007, were approved. (5-0-0-2; Commissioners Francois and Gibbons abstained) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for July 24, 2007 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Acting Director Jackie C. Young Lind advised that the appellant for Agenda Item NO.1 has requested a continuance to August 14, 2007. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Rocha advised that he must recuse from participation in Agenda Item No. 1 due to a professional conflict. He turned the gavel over to Vice Chair Bob Roseberry and left the dais and chambers. Acting Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. Appeal of Director's Interpretation Janoff, J. Appeal of Mr. Jeffrey Janoff, Esq., on behalf of Support Systems Homes, of an Official Interpretation of the Zoning Code by the Community Development Director pertaining to a use in operation at 889 Scott Court in an R-1-6 (Single Family Residential) Zoning District. The interpretation is that this property is being operated as a Residential Service Facility, Large, which use is neither a permitted nor conditional use in that R-1-6 Zoning District. Planning Commission action final. Project Planner: Jackie C. Young Lind, Acting Director Acting Chair Roseberry reminded that the appellant has requested a continuance to the August 14th meeting. Acting Chair Roseberry opened the Public Hearing for Agenda Item No.1. Mr. Lincoln Fong, Resident of Scott Court: . Demanded to know who was on the Council when this happened to our neighborhood. . Asked if they would want this in their neighborhood? . Asked why they let this happen. Acting Chair Roseberry said that the Commission is here this evening to look at an interpretation of the Zoning Code made by the Acting Community Development Director. Campbell Planning Commission Minutes for July 24, 2007 Page 3 Mr. Lincoln Fong: . Assured that he is not prejudiced. . Questioned how this use can be allowed in a single-family neighborhood. . Said that the City makes laws but does not enforce them. Commissioner Doorley clarified that this evening represents the enforcement action. Commissioner Gibbons: . Said that Mr. Fong does not appear to understand the purpose of this meeting. . Added that this is the first time that this Commission has been made aware of this situation. . Assured that the City is proceeding according to laws. . Explained that there was a complaint and the Commission is responding tonight. Mr. Lincoln Fong: . Stated that people have rights too. . Said that when one looks at streets and trees, the City doesn't take care of it. Mr. Rich Anderson, Property Owner on Scott Court: . Reminded that theirs is a residential neighborhood consisting of single-family homes. . Said that he has not lived on the street for 10 years but still owns his property. . Stated that the house on 889 Scott Court could be rented out for more money to a group home than to a family. . Reported that no one in the neighborhood was notified that the group home was coming. . Added that no one in the neighborhood wants this group home in the neighborhood. . Said that he is careful to rent to families. . Suggested that these guys are a time bomb and this is not the neighborhood for them. It's a court. They should be on a busier street. . Opined that "they did this sleazy." . Recounted that the property owner would not talk to him about this before he did it and demonstrated no integrity. . Assured that he would never do this to his neighbors. Commissioner Doorley: . Said that someone rented out his property. . Added that until someone complains, no one at the City knows that this use is in place here. . Informed that a complaint was received and Code Enforcement staff responded. As soon as the City was aware they took action resulting in tonight's action. Ms. Carolyn Anderson, Property Owner on Scott Court: . Asked if a permit was not required before this use started here. Campbell Planning Commission Minutes for July 24, 2007 Page 4 Acting Director Jackie C. Young Lind: . Said that while there is normally no staff report when an item is to be continued, she would provide a brief background here since so many people from the neighborhood are present this evening. . Added that she will explain why this item is here before the Planning Commission. . Said that a complaint was received and an investigation conducted by the City's Code Enforcement Officer. . Advised that the Code Enforcement Officer found that this home was being operated as a home for persons recovering from drug and/or alcohol problems with 11 people living there. . Reported that the City Attorney requested a Community Development Director interpretation on this use. That interpretation was prepared. The use was determined to be a Residential Service Facility - Large, which is not allowed in the R-1 Zoning District. . Explained that the attorney for the service facility appealed that determination. He requested a continuance because his client could not attend. . Stated that tonight neighbor testimony will be taken. Commissioner Gibbons said she wanted to warn late arrivals that this item is going to be continued to the August 14th Planning Commission meeting. Acting Chair Roseberry added that the Commission is here to hear an appeal and to see if it has merit or not. He cautioned that opinion is fine but it is important to keep emotion out of it. Mr. Phil Rogers, Resident on Theresa Avenue: . Said that he is not sure if he understands the problem and that he is aware that State law also governs group homes. . Added that he realizes that these types of group homes have to be located some place. . Stated that the size of this one concerns him. . Informed that for larger facilities, cities have some control. . Described Scott Court as being a residential neighborhood consisting of small homes and with a school close by. . Stressed that he does not want to see a large facility here. Ms. Beth Linder, Resident on Scott Court: . Reported that there has been a significant increase in traffic. . Pointed out that this is a dead end street. . Said that the house in question has six adults with vehicles. It is four houses away from her home but they park in front of her house. . Advised that there are young children in her neighborhood. It is not safe as it should be. . Described an incident at this facility where many cops responded. Campbell Planning Commission Minutes for July 24, 2007 Page 5 . Recounted that her family had moved onto a nice street. If they wanted such density they would have moved into an apartment. Commissioner Alderete: . Stated that Ms. Linder is the first speaker with first hand experience and thanked her for her comments. . Said that he lives near a halfway house on Hawthorne. While there were problems at first now it appears to be manageable. . Pointed out that this property is located on the neck of a cui de sac with little parking. . Asked Ms. Linder how many cars she attributes to this care facility. Ms. Beth Linder: . Said that there appear to be between five and six cars. . Added that the residents change constantly. Some come with cars and others on bicycles. . Advised that her girls no longer feel comfortable or safe playing outside. Commissioner Alderete asked Ms. Beth Linder what her key issues are. Ms. Beth Linder replied speed. This is not a big court and cars drive 30 miles per hour or faster. Ms. Bryce Leguillon, Resident on Scott Court: . Stated that there have been a number of events since early 2006 when this sober living facility was located seven doors down from her home that have created negative impacts. . Reported that on March 10, 2006, she found a young man standing in front of her house on the sidewalk who became argumentative with her husband. They called the police. The police told her that she would need to contact the City to find out if this was a sober living facility. . Advised that there is a lot of foot traffic. . Said that while they used to know everyone on the street there are now many people unknown to the neighborhood. . Stated that on a daily basis strange cars are parked in front of her home. The quantity of cars in the neighborhood has increased significantly. . Recounted that there are occasions when drivers are spinning donuts in this cui de sac where our children play. . Stated that she purchased a home in a safe and quiet neighborhood. This is a neighborhood with single-family homes that are small. . Opined that this use is inappropriate for the neighborhood. Ms. Quin Zuo, Resident on Scott Court: . Stated that she lives next door to this property. Campbell Planning Commission Minutes for July 24, 2007 Page 6 . Reported that she purchased this property two-and-a-half years ago. They really saved up to buy into a nice community. It is small and private. The people there are nice. . Said that this current situation started last year when it was noticed that there were lots of people living in this house. Cars were everywhere. With the number of people living here, they have to park in front of other houses on the street. . Explained that last Saturday she received a letter from the City regarding this property. . Said that these days she hides in her house. . Said that she is expecting a child and they had dreamed of raising their children in this house. Now she wouldn't dare let her child play outside. . Reported one incident by which young kids trying to sell were warned not to stop by that house. . Said that while a sober living facility may offer a good program for people to recover, it may not be the right place to put this in a small community. Commissioner Ebner asked if Ms. Quin Zuo had noticed if residents come and go at all hours or just at specific times of day. Ms. Quin Zuo said that as she works she is not sure. Mr. Ming Soon, Resident of Scott Court: . Said that he sees traffic from this house at all times even late at night. . Explained that he too lives next door with his wife, Quin Zuo. . Reported that the number of cars spill over to his property while often their driveway is left empty. Commissioner Ebner asked if this occurs at all times of day. Mr. Ming Soon replied yes. Mr. Casey Leguillon, Resident on Scott Court: . Said that despite this being a sober living facility, he cannot count the number of times he has had to pick up beer cans and bottles as well as vodka bottles. Three years ago, they never had that problem. . Added that while he does not mind picking up his own trash, he does mind picking up other peoples' trash. . Advised that it is not just residents from the sober living facility doing donuts on the cui de sac, their friends are doing it also. . Said that there are plenty of families living here with kids. This behavior concerns him. . Explained that he has asked them to slow down and has addressed this issue with the police as well. . Stated that he hopes the Planning Commission can do something about it. Campbell Planning Commission Minutes for July 24, 2007 Page 7 Mr. Lincoln Fong, Resident of Scott Court, returned to speak: . Stated that "you guys are at fault." . Asked why they not put this in their own neighborhood. . Said that he has talked with people at the City as well as police. . Reported that one neighbor recently sold his house for $10,000 less than it had been listed for. . Stated that he is concerned about his grandchildren. Acting Chair Roseberry reminded Mr. Fong that this item would be heard by the Commission on August 14th. Ms. Carol Anderson, Owner of house on Scott Court: . Reported that they are renting out their house on Scott Court to new tenants. . Asked if she needs to disclose this situation with the sober living facility to new potential renters. Acting Chair Roseberry said that the Commission cannot answer that question. Commissioner Alderete: . Suggested that oral staff reports be provided in the future even if the item is proposed for continuance when there are so many speakers in the audience for that item. . Reported that this Commission just learned of the continuance when they arrived for the evening. . Expressed appreciation for the comments and feedback provided by the neighbors. . Assured that nothing that has been said has been lost. The _ comments would be documented in the official minutes. . Explained that on August 14th the appellant will try to convince this Commission to overturn the Director's interpretation. . Encouraged attendance atthe public hearing on August 14th. . Thanked all for coming. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Gibbons, the Planning Commission CONTINUED TO A DATE CERTAIN OF AUGUST 14, 2007, an appeal of the Official Interpretation of the Zoning Code by the Community Development Director pertaining to a use in operation at 889 Scott Court in an R- 1-6 (Single Family Residential) Zoning District. (6-0-0-1; Chair Rocha abstained) Acting Chair Roseberry advised that this item is now continued to August 14, 2007. Commissioner Alderete asked Acting Director Jackie C. Young Lind to ask the appellant to notify the property owner to be present as the Commission desires to have him there. Campbell Planning Commission Minutes for July 24, 2007 Page 8 Commissioner Ebner asked if it is possible to have any records of police calls available at the hearing. Acting Director Jackie C. Young Lind replied yes. She said that staff would research and present information that is available. Commissioner Gibbons asked if it would be possible for staff to provide information about the size of the house. Acting Director Jackie C. Young Lind replied yes. Commissioner Gibbons asked if it would also be possible to get a copy of the house rules for this facility. Acting Chair Roseberry said that was a good point. Acting Director Jackie C. Young Lind advised that she has requested all information that is available publicly. Chair Rocha returned to the chambers and dais and assumed the gavel. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Jackie C. Young Lind, Acting Community Development Director, was accepted as presented with the following additions: . Reported that Council conducted a study session on the Home Church to consider their proposed General Plan Amendment from Central Commercial to Institutional. She explained that three options were presented. Council chose the staff recommended option to authorize the exploration of having the rear portion designated General Commercial and the front portion along Winchester designated Central Commercial, which would allow mixed-use development. Commissioner Alderete said that he thought the entire property was to be church and/or education uses. Acting Director Jackie C. Young Lind said that the Planning Commission allowed the Use Permit to be approved without a term limitation. The applicant is now planning to construct a very large sanctuary. Commissioner Alderete asked if the Winchester frontage would have to have retail component. Campbell Planning Commission Minutes for July 24, 2007 Page 9 Acting Director Jackie C. Young Lind said that the development that fronts the street would have to have ground floor retail with either office or residential above. This will retain the Winchester frontage and still allow Home Church to develop its property. Commissioner Alderete said that it seems strange to expect a church to have a retail component. Acting Director Jackie C. Young Lind explained that the portion of the property with the dry cleaners, Jersey's, etc., is currently in escrow. Commissioner Ebner said that the church portion and school will be on the rear and the front would be consistent with the requirements for Winchester frontage that includes some retail. Acting Director Jackie C. Young Lind: . Said that when an applicant asks for a General Plan Amendment, the first step is to obtain Council authorization to proceed. . Advised that Council has directed staff to go ahead and look at the rear property for commercial land use designation and retain the strip at the front for central commercial land uses. . Announced that Council heard the PO permit for the Hilton on Creekside and approved the project. The developer is anxious to get started. . Said that at the next Planning Commission meeting on August 14th a Use Permit to allow the expansion of a day care facility will be considered as well as the continuation of tonight's appeal by the sober living facility. . Reported that the applicant that was recently denied a medical building at 1930 S. Bascom Avenue now has three alternative plans that he wants to bring to the Commission in a study session format. Commissioner Francois asked if the setback issues have been addressed. Acting Director Jackie C. Young Lind said that no setback exceptions are required in the new plans. One alternative is a single-story plan and the other two are two-story plans. Commissioner Francois asked about the Straw Hat Pizza site's permits. Acting Director Jackie C. Young Lind reported that the building plan check clearances were approved on Friday although she is not certain if the permits have been pulled. She said that she anticipates that they will pull these permits this week. Commissioner Alderete suggested that story poles be installed for whatever project is ultimately proposed for 1930 S. Bascom Avenue since this has been an empty lot for so long. Campbell Planning Commission Minutes for July 24, 2007 Page 10 Commissioner Gibbons said that use of story poles was discussed during the Zoning Code Update. She reported that at McGlincy and Curtner the fenced area was closed in. Scooters were displayed on the sidewalk and she suggested that be looked into. Acting Director Jackie C. Young Lind said staff would look into that. Chair Rocha reported that one of the car wash bays at the Winchester Boulevard car wash has been enclosed. ADJOURNMENT The Planning Commission meeting adjourned at 8:37 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of August 14, 2007. SUBMITTED BY: ~ngsecretary APPROVED BY: ~S~hair ATTEST: