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PC Min - 08/14/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY AUGUST 14,2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of August 14, 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: Michael Rocha Bob Roseberry Bob Alderete Mark Ebner (@7:35 p.m.) Tom Francois Elizabeth Gibbons Commissioners Absent: Commissioner: George Doorley Staff Present: Acting Director: Jackie C. Young Lind Planner I: Steve Prosser Code Enforcement Officer: Susan Morgado Gray City Attorney: William Seligmann Recording Secretary: Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Francois, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of July 24,2007, were approved. (5-0-2; Commissioners Ebner and Doorley were absent) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for August 14, 2007 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS Mayor Daniel Furtado: . Said that he wanted to be here this evening to recognize Tom Francois at his last meeting as a Planning Commissioner. . Reported that Tom Francois served as a member of this Commission for 10 years. . Said that he served conscientiously and will be missed. . Thanked Tom Francois for his service to the community. Acting Director Jackie C. Young Lind presented Commissioner Francois with a Resolution of Appreciation and Acknowledgment commemorating his 10 years of service on the Planning Commission including two terms as Chair. Commissioner Tom Francois: . Thanked Mayor Furtado, his fellow Commissioners and staff. . Stated that it has been a real privilege serving the community. . Said that he has been a resident of Campbell for 45 years and has seen a lot of changes over those years. . Stated that it has been extremely gratifying and fulfilling as well as a "good ride." . Said that the "Silver Fox" (his wife, Carol) and he will now retire. . Said that he has served with a diverse group of Commissioners and each of them has had the best interests of City of Campbell at heart and has been very special to him. . Thanked everyone, saying he is very grateful. The Commissioners gave Commissioner Francois a standing ovation. Commissioner Alderete: . Advised Commissioner Francois that the wording of his resolution was carefully chosen. It is heartfelt and sincerely meant. . Called Commissioner Francois a man who is all heart. . Stated that this Commission is completely honored and fortunate to have worked with Commissioner Francois. Chair Rocha: . Said that he had worked for five years with Commissioner Francois, which has been a privilege. . Advised that Commissioner Francois taught him to be empathetic to those appearing before the Commission. . Pointed out that Commissioner Francois was honored as Citizen of the Year, which is the ultimate recognition available in the City of Campbell. Campbell Planning Commission Minutes for August 14, 2007 Page 3 . Thanked Commissioner Francois for his service and friendship. *** PUBLIC HEARINGS City Attorney William Seligmann advised that he would recuse himself from participation in this item. He explained that since he has the prosecutorial role in this matter, it would make participation in this hearing a conflict. City Attorney William Seligmann left the dais and chambers for the remainder of this hearing item. Attorney John Barisone was connected to the meeting via conference call in order to serve as alternate legal counsel for the Commission for this item. Chair Rocha advised that he too 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. Continued Public Hearing (from the Planning Commission meeting of July 24, 2007) to consider the 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 Ms. Jackie C. Young Lind, Acting Director, presented the staff report as follows: . Said that this item was originally scheduled for hearing on July 24th at which time the appellant requested that the matter be continued to tonight's meeting. . Reported that the public hearing was opened on July 24th and testimony was taken by people in the audience. Key issues raised included traffic and parking. . Said that the Commission, after hearing the testimony from those in attendance, continued this item as requested by the appellant. The Commission asked staff to provide additional information for the next meeting including a record of police calls; the size of house and number of bed and bathrooms; and operating criteria for the facility. . Advised that the house is approximately 1,800 square feet and has five bedrooms and two bathrooms. As for operating criteria, the operator declined to provide a copy of the house rules but did provide a brochure. Campbell Planning Commission Minutes for August 14, 2007 Page 4 . Explained that residents pay $625 per month to reside in this facility. It is a treatment and sober living environment with 11 clients and two supervisory residents who enforce the house rules. . Added that the facility is not licensed by the State but is a certified facility by the Santa Clara County District Attorney's Office. A copy of the DA's requirements has been included in the staff report. . Reported that an investigation by the City into the activities at this location was initiated as a result of complaints by neighbors. The City's Code Enforcement Officer (CEO) visited the site and found it to be in violation of the maximum occupancy allowance of six residents for a group home. The CEO issued a letter to the operator. . Said that in June 2006, Community Development Director Sharon Fierro informed Jeffrey Janoff, the attorney for the facility, in writing of the process available to review a group home facility that serves in excess of six residents. Between July and October 2006, additional correspondence was exchanged between the City and Mr. Janoff. . Advised that in June 2007, City Attorney William Seligmann asked the Community Development Director for an interpretation of the Zoning Code by the Community Development Director. The interpretation was that this facility was a Residential Service Facility-Large. Such a facility is neither a permitted nor conditional use in an R-1 Zoning District. . Reported that a written appeal was submitted by attorney Jeffrey Janoff to dispute the findings, saying that the facility functions more like a family. . Informed that the Code has four different designations. The first is a Residential Care Home, Small. Next there is a Residential Care Home, Large. There is a Residential Service Facility, Small that serves six or fewer clients and a Residential Service Facility, Large that serves seven or more clients. . Said that this operator receives compensation for services. . Noted that of the four types of facilities described in Code, only the Residential Service Facility, Large is not allowed in R-1 residential zoning. It is allowed in all other residential zoning designations. . Said that four calls and one email were received requesting that the number of residents allowed at this location be reduced. . Stated that the Commission is being asked to review and consider whether this facility is to be considered a Residential Service Facility, Large. Commissioner Alderete asked if this item can further be appealed or is the Planning Commission action final. Acting Director Jackie C. Young Lind advised that the Director's determination can be appealed to the Planning Commission but the Planning Commission's action is final. Another possible avenue for the appellant is to apply for a Reasonable Accommodation Permit. Campbell Planning Commission Minutes for August 14, 2007 Page 5 Commissioner Alderete pointed out that the DA certification requirements call for compliance with local zoning requirements. The maximum allowed is six clients with two staff. He asked if the appellant was advised of that fact. Acting Director Jackie C. Young Lind replied yes. She said they were advised that their options include: apply for a Reasonable Accommodation Permit; limit to six residents; or move to a zoning district that allows a Residential Service Facility, Large. She added that the DA allows six unless approval by a local jurisdiction for more. Commissioner Alderete asked if this facility is considered by the DA to be a residential treatment facility, which must be licensed by the State. Acting Director Jackie C. Young Lind said that according to prior correspondence it is not. Acting Chair Roseberry opened the Public Hearing for Agenda Item No.1. Mr. Clinton Benson, Resident Supervisor at the Scott Court Sober Living Facility: · Said that they desire to become part of the community and want to help make a positive impact in the community. . Advised that they function as a loving family. . Stated that they are just as concerned about the well-being of this neighborhood. . Assured that their door is open to allow neighbors to share any concerns with them. Commissioner Gibbons asked Mr. Clinton Benson about his role and how long he has been there. Mr. Clinton Benson said that his role is that of a supervising house parent and he has been here for approximately four months. Commissioner Alderete asked Mr. Clinton Benson to tell the Commission what he does in that role. Mr. Clinton Benson said that he makes sure that the residents follow the rules and structure of the home. He added that they operate as a family. He added that they work and support each other. Mr. Dave Medlicott, Resident of Sheila Court: . Said that he is here tonight to reiterate what other neighbors said at the last meeting, which he was unable to attend. . Said that Scott Court has more traffic than does Sheila Court. This facility has added significant traffic. . Cautioned that this sets a bad precedent. Dr. Tom Wehman, Resident of Lucky Oak Court in Cupertino: . Said that the issue appears to be overcrowding and number of cars. Campbell Planning Commission Minutes for August 14, 2007 Page 6 . Questioned whether cars could be accommodated somewhere else to keep them off this street and resolve some of the neighbor protest. Acting Chair Roseberry said that the action before the Commission this evening is to come to a determination as to how to categorize this facility per the City's Code. Mr. Casey Winn, Neighbor on Scott Court: . Said that he spoke at the last meeting. . Advised that he did some research on relapse rates of drug and alcohol abuse and found that 25 to 30 percent or one in four of these residents could relapse. Of the 13 residents here that's a pretty high number in our neighborhood. . Said that the police report does not include everything. . Reported that he had personal experience with one resident that he is not sure is still there. . Added that he asked two residents to slow down their driving speed but it did no good. . Said that the behavior of the past year is not welcome and he does not want this to happen. Mr. Dean Birge, a neighbor on Scott Court, said that he was sorry to not have been at the previous meeting. He stated that he had no problem with the facility but does with the number of people there. Commissioner Gibbons said that she has questions for the facility representative. Jeffrey Janoff, Appellant: . Stated that he is legal counsel for Support Systems Homes. . Advised that the Founder and Executive Director are here as well. . Said that he appreciates the opportunity to come before this Commission and explain what is happening here. . Assured that there is a vast difference between a residential treatment facility and a sober living environment. . Explained that a residential treatment facility must be licensed and include a nurse and attending doctor. There is detoxing going on. . Compared that to a sober living environment where there is no treatment going on. . Stated that the issue is between two descriptions, a Residential Service Facility, Large and a Single Housekeeping Unit. . Said that a Residential Service Facility, Large sets forth a description that is not in keeping with this use that is more of a Single Housekeeping Unit. . Stated that there are no personal services going on there. Their services include protection, supervision and guidance but there is no 12-step program, no AA meetings, no visiting doctor or nurse and no medication. It is just a group of individuals living together as a Single Housekeeping Unit with a joint use of common space and the sharing of expenses and food. Campbell Planning Commission Minutes for August 14, 2007 Page 7 . Described a famous California Supreme Court case (Adamson v. City of Santa Barbara) from 1980 as the basis for his belief that this could be considered a Single Housekeeping Unit. . Added that a Single Housekeeping Unit is appropriate for a residential neighborhood. . Said that if the Commission is to find that this is a family unit, it would allow them to function as they are. . Added that this use does not fit the Residential Service Facility, Large. . Provided photographs of the exterior and interior of the house as well as photographs of surrounding homes that include boats on the sidewalk and cars double parked. . Reported that this facility was certified by the DA in October 2006 with the number of people it has today. . Reiterated that the issue is if this is a Single Housekeeping Unit or not. . Restated that the facility does not need to be licensed by the State because it is not a treatment facility. Commissioner Gibbons pointed out that per the DA's certification information this facility must provide the County with a letter that verifies compliance with local regulations. Mr. Jeffrey Janoff pointed out that the City of San Jose has reasonable accommodation. Commissioner Gibbons reminded that this is Campbell. Mr. Jeffrey Janoff reported that the City of Campbell is saying that this is a Residential Service Facility, Large and this operator has the option to go through with a Reasonable Accommodation process. Commissioner Gibbons asked Mr. Jeffrey Janoff if he thinks he should be able to bypass the process because of the way they are operating. Mr. Jeffrey Janoff said they are not trying to bypass any process. Commissioner Gibbons said that they are not currently in compliance as they cannot operate with more than six residents at this time. Mr. Jeffrey Janoff said that he still believes that they are operating as a Single Housekeeping Unit and are therefore in compliance. Commissioner Francois asked Mr. Jeffrey Janoff if he could answer the question raised by Dr. Wehman regarding vehicles. Mr. Jeffrey Janoff said that the maximum number of cars allowed on site is five per the DA's certification requirements. Campbell Planning Commission Minutes for August 14, 2007 Page 8 Commissioner Francois said that while they are describing this as a family there are two supervisory residents there. Mr. Jeffrey Janoff said that they function like parents. Commissioner Francois asked what consequences there are for rules violations. Mr. Jeffrey Janoff said it depends. Commissioner Francois asked about curfew violations. Mr. Jeffrey Janoff said he would defer to Jennifer Dooley. Ms. Jennifer Dooley, Executive Director, Support Systems Homes: · Said that their mission here tonight is to clarify the difference between a Residential Service Facility, Large and a sober living facility. · Informed that their organization has been in operation since 1991. . Added that they also operate a residential treatment facility that is separate from the sober living environment. . Assured that there is an elemental difference between the two. . Said that they operate like a family. Commissioner Francois said that among the photographs provided this evening there were none of the bedrooms. He asked how the bedrooms are situated. Ms. Jennifer Dooley said that there are single and bunk beds. Commissioner Francois asked Ms. Jennifer Dooley what the recidivism rates are at this facility. Ms. Jennifer Dooley said that it is arbitrary to give a number because it is based on individual residents. She added that a 25 percent rate is probably an accurate estimation. Commissioner Francois asked Ms. Jennifer Dooley to what does she attribute their success. Ms. Jennifer Dooley replied that personal accountability is the core issue. She added that it helps when a person is ready to make a decision and stick to it. Commissioner Alderete: . Said that he walked through the neighborhood on Saturday. . Stated that the issue is not pictures or police reports. . Reminded that the City of Campbell allows for six people in such a facility and that this Commission is the voice of the City. Campbell Planning Commission Minutes for August 14, 2007 Page 9 · Said that it is simply semantics as to what description this facility wants to use to describe itself. · Asked Ms. Jennifer Dooley to give the Commission compelling reasons why this is a good thing for the community and how the City and this neighborhood can tolerate this number of residents here. Ms. Jennifer Dooley: · Said that these types of homes are essential to a community. · Said that most of the residents have gone through some sort of treatment and are integrating back into society. · Added that without this type of support it is more difficult. She said that the residents need to be with others who have been there. · Stated that residents are taught and learn through daily activities. They learn that there are consequences including restriction if curfew is missed, etc. · Said that they function like any family unit and through the sober living process they are returned to their families as better fathers, husbands, etc, and much stronger and healthier participants. Commissioner Ebner asked how many people live in this five-bedroom house including the house parents. Ms. Jennifer Dooley replied 13. Commissioner Ebner asked about the number of cars for this facility. Ms. Jennifer Dooley replied five and added that they have a four car driveway. Commissioner Ebner asked how many times house rules have been broken in a way that might have impacted this community. Ms. Jennifer Dooley reported that alcohol or drug use by the residents is completely not tolerated and a resident would be transferred. She added that consequences for breaking rules are a separate issue from relapse. She advised that the one occasion depicted in the police report when the police had to called, they were the ones to call them in. Commissioner Ebner asked how many times relapse has occurred at this location. He reminded that neighbors have reported finding empty alcohol containers in the neighborhood. He asked how frequently a resident had to be removed from this facility. Ms. Jennifer Dooley cautioned that it is not fair to blame these residents for the empty containers. Commissioner Ebner again asked how many residents were removed from this location. Campbell Planning Commission Minutes for August 14, 2007 Page 10 Ms. Jennifer Dooley said that it has happened five to ten times in the last year. Commissioner Gibbons asked to verify that three to four people are sharing bedrooms no bigger than 100 square feet. Ms. Jennifer Dooley replied yes. Commissioner Gibbons pointed out that residents pay to live here. They are assigned there by the DA's office and this is an approved facility by the DA's office. She asked why this facility needs that certification. Ms. Jennifer Dooley reported that the DA's office regulates homes like this. They provide a screening process that includes a background investigation on potential resident disqualifiers. She added that no one checks in until the background check is completed. She said that residents find them voluntarily. Commissioner Gibbons asked Ms. Jennifer Dooley how often the DA comes to inspect this facility. Ms. Jennifer Dooley replied approximately four times per year. Commissioner Gibbons asked what the typical length of stay is per resident. Ms. Jennifer Dooley said between six months to several years. She said that one resident has been with them for three to four years. The length of stay depends on the individual. Commissioner Gibbons asked about the turnover rate out of the 11 residents, is it about three to four months? Ms. Jennifer Dooley said that every three to four months two or three residents turn over. Commissioner Gibbons asked if some residents might have lost their driver's license. Ms. Jennifer Dooley replied it is possible. Commissioner Gibbons asked who gets to bring a car since only five in total are allowed at this facility. Ms. Jennifer Dooley said it depends on who has one together with insurance and a driver's license. She advised that sometimes there are not even five cars affiliated with this facility. If they are at the maximum number of cars allowed, newer residents are unable to bring additional cars to the site. Campbell Planning Commission Minutes for August 14, 2007 Page 11 Commissioner Gibbons asked Ms. Jennifer Dooley where their treatment facility is located. Ms. Jennifer Dooley replied in San Jose. Commissioner Gibbons said that she is trying to understand how this group functions as a family unit. She asked how people get to work. Ms. Jennifer Dooley said that some residents carpool while others use public transportation. She assured that they limit traffic from this residence. Commissioner Gibbons asked if the supervisors work outside jobs. Ms. Jennifer Dooley said that some supervisors do have outside jobs while others might be going to school. Commissioner Gibbons asked if anyone stays in the house all day long. Ms. Jennifer Dooley replied no, they must work, look for work, go to school, etc. Commissioner Francois reminded that there have been some complaints by neighbors including the issue of visitor vehicles speeding and parking on the court. He said he was curious about visitation rights and criteria. Are visitors allowed? Ms. Jennifer Dooley said that there is a strict policy on visitors that limit visits to two- hour duration at designated times. There are no random visitors allowed. Commissioner Francois said that the neighbors in this court are concerned about visiting traffic and say that they park on the street. Ms. Jennifer Dooley disagreed and said not in her experience. She pointed out that some houses on this court have six to seven cars and that is not their house. Commissioner Francois: . Said that the neighbors live there and have so reported this. . Reminded about the bottles left behind. . Said that there needs to be sensitivity to this neighborhood. . Suggested that facility representatives put themselves in the position of the neighbors and that the neighbors also put themselves in the place of these residents. Ms. Jennifer Dooley assured that they strive to be good neighbors. Commissioner Francois asked Ms. Jennifer Dooley how often she visits this facility. Campbell Planning Commission Minutes for August 14, 2007 Page 12 Ms. Jennifer Dooley said that she goes by once or twice a week as do other inspectors. Commissioner Francois asked if she goes inside or simply drives by. Ms. Jennifer Dooley said that her routine varies and is unscheduled. Commissioner Ebner said that there are 13 individuals living in this house. He asked what happens if more licensed, car-owning residents are living on site at the same time. Is there a pecking order. Ms. Jennifer Dooley replied yes, it is based on tenure. Commissioner Ebner asked about the credentials of residents. Ms. Jennifer Dooley said that there are sobriety requirements. She added that 99 percent of the time these residents in this sober living environment have previously attended a true residential treatment facility. Commissioner Ebner asked if it would be possible that a resident could have been issued a DUI citation within two weeks or so of moving to this facility. Ms. Jennifer Dooley said that they would have to be in some sort of treatment program outside of this home. Acting Chair Roseberry asked why supervisors are necessary. Ms. Jennifer Dooley said to act in the role of parent. Acting Chair Roseberry asked how the supervisor gets that position. Ms. Jennifer Dooley said that they may have been a resident in the past that has taken classes. They would have been recognized as leaders. Acting Chair Roseberry asked where they would have taken such training classes. Ms. Jennifer Dooley replied from them as well as from City College. Acting Chair Roseberry asked if the supervisors are compensated. Ms. Jennifer Dooley said that they are not compensated. Acting Chair Roseberry pointed out that the Support Systems Homes is paid by the residents to stay there. Campbell Planning Commission Minutes for August 14, 2007 Page 13 Commissioner Gibbons said that it appears that while the resident parent does not get paid they receive a place to live at no charge. Ms. Jennifer Dooley said yes. Mr. Bob Martin, Founder and President of Support Systems Homes: . Thanked the Commission. · Distributed a couple of photographs of other homes in this neighborhood. . Reported that their company was formed in 1991 and had 23 homes at their peak time. . Said that they provide a place for sober living. They are trying to help individuals with a disease, alcohol or drug addiction, a problem that affects one in three households. . Stated that all of their homes house 15 to 17 residents and they currently have 14 homes in this county. . Stated that this recent occurrence at this Scott Court location represents the first time that they have had to call the police on a resident. . Assured that they are here to work with the City. . Asked where else would these individuals go? . Said that they need to learn how to go back into the mainstream of society. Commissioner Gibbons asked if each house specifically serves only male or female residents. Mr. Bob Martin replied yes. Commissioner Gibbons asked the typical ages of the residents. Mr. Bob Martin replied between 21 and 35 years of age. Commissioner Gibbons asked Mr. Bob Martin if any of his other sober living facilities is located in a cui de sac. Mr. Bob Martin replied yes, his first one. Commissioner Alderete: . Stated that the service provided is tremendous and said he has respect for what they are doing. . Reminded that the issue before this Commission is how many people should be in the house based on the Zoning Code. . Said the issue is if the number should be only six. . Explained that the Commission spent about an hour and a half hearing from neighbors at the last meeting. . Asked Mr. Bob Martin if he can provide some compelling reason why the Commission should forgo the interpretation of City code to allow 13 people here. Campbell Planning Commission Minutes for August 14, 2007 Page 14 Mr. Bob Martin: . Said that he understands the Commission's concerns. · Explained that the occupancy standard of six residents with two staff comes from the State of California and such residential facilities must provide treatment. . Reminded that they are not giving treatment here but rather providing a sober living environment. . Added that they do have a separate 32-bed treatment facility elsewhere. Commissioner Alderete: · Said that one thing that distinguishes Campbell is a pride in the community. · Asked again what compelling reason Mr. Bob Martin can give to support this number of residents when the Zoning Code allows for only six in this residential district. How can the Commission look the other way and allow 13 residents when it puts pressure on the community? Mr. Bob Martin: . Said that they have been in Campbell for 13 years and are involved in the community. · Suggested that the City should want to be pro-active on this issue. . Said he is begging for the opportunity to make this work, saying, "Let us show you that we can provide the services these people need." . Assured that they have a good track record. Mr. Jeff Harrison, Resident on Spencer Avenue in San Jose: . Stated that he is here on behalf of the recovery community. . Pointed out that there are a number of alcoholics that don't seek treatment who are a danger to the community. . Explained that he got sober 13 years ago in a sober living environment in Pennsylvania. . Said that saving peoples' lives is what is being talked about here. He said it is much like the sober living facility that saved his life. . Questioned where he might be if he had not had a sober living facility available to help him. Commissioner Ebner: . Stated that no one is questioning the intentions of sober living environments and they are definitely needed. Alcohol and drug abuse is a crisis in the United States. . Assured that he is extremely sympathetic. . Agreed that there are many drunks out there who are not being treated. . Reminded that the Commission is talking about a concentration on this small cui de sac and trying to find a way to satisfy everyone. Ms. Amy Rose, Resident on Sheila Court: Campbell Planning Commission Minutes for August 14, 2007 Page 15 . Said that she applauds the guys living there but that said, there are a couple of things that made her wonder. . Said that trying to describe this as a Single Housekeeping Unit is not so obvious when there are visiting hours, residents cannot be in the house during the day and there are lots of rules. . Added that her kids can be in their house whenever they want to be. . Stated that the description doesn't say Single Housekeeping Unit. It says Residential Service Facility. It involves resident turnover every three to four months and limits cars allowed to five. . Said that it is not a good and safe addition in the neighborhood. . Pointed out that if this facility were located on her own street her kids would not be able to play in the front yard. . Stated that someone is making money here and this is a business. Mr. Jeffrey Janoff questioned why the City has Single Housekeeping Unit within its Municipal Code and who the City thinks that designation applies to. Acting Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Commissioner Alderete: . Said that the Commission has been careful to listen to both sides. . Added that he does believe in these kinds of programs. . Stated that the question tonight is whether to limit to six people or to overturn the Director's determination and allow 13 in this facility. . Said that the program is great at six residents but at 13 it is too intense with traffic, parking and trash impacts. . Advised that he is going to support the Community Development Director's determination. Commissioner Gibbons: . Said that her thinking tonight is different than it was two weeks ago. . Thanked all for coming to this hearing. . Agreed that this organization serves a tremendous function for the community. . Stated that the issue is the definition for a Residential Service Facility, Large, a designation that is allowed in any residential zoning except for R-1. . Said that the intensity of this use has been evaluated and found to be inappropriate. . Advised that she too would support upholding the Director's determination of this use as a Residential Service Facility, Large. Commissioner Francois: . Said that he is very sensitive to the needs of these residents but also the issues of the neighbors also resonated. . Agreed that this is a service but it is also a business. Campbell Planning Commission Minutes for August 14, 2007 Page 16 . Pointed out that the neighboring residents want them to stay but with a maximum of six people and that's not unreasonable. . Stated that he would support the Director's determination. Acting Chair Roseberry: . Said that he agrees with the other Commissioners. . Agreed that this sober living environment is a service to its clients and the community but it is also both a service and a business for this company. . Stated his agreement that this is not a Single Housekeeping Unit. There are inspections, a business name, etc. . Said that the City is asking Support Systems Homes to comply with its regulations. . Advised that he would vote to uphold the Director's interpretation. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3825 DENYING 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 UPHOLDING the Director's interpretation; by the following roll call vote: AYES: Alderete, Ebner, Francois, Gibbons and Roseberry NOES: None ABSENT: Doorley ABSTAIN: Rocha Acting Chair Roseberry advised that this action is final. Acting City Attorney John Barisone signed off from the conference call. Chair Rocha returned to the chambers and dais and assumed the gavel for the remainder of the meeting. Chair Rocha called for a break at 9:30 p.m. Chair Rocha reconvened the meeting at 9:39 p.m. *** Chair Rocha read Agenda Item No.2 into the record as follows: Campbell Planning Commission Minutes for August 14, 2007 Page 17 2. PLN2007 -98 Ushomirsky, I. Public Hearing to consider the application of Mr. Igor Ushomirsky, on behalf of Starbright School, Inc., for a Modification (PLN2007-98) to a previously-approved Conditional Use Permit (UP 95-03) to allow for the expansion of the Starbright School into the immediate adjacent tenant space on property owned by Kirkorian Properties, LP, located at 1806 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Steve Prosser, Planner I Mr. Steve Prosser, Planner I, presented the staff report as follows: . Advised that the applicant is seeing approval of a Modification to a previously approved Conditional Use Permit to allow the expansion of an existing day care facility to include the adjacent tenant space. . Described the project site as being on the south side of W. Campbell Avenue. The surrounding uses are commercial to the east and west and residential to the north and south. . Said that the General Plan Land Use designation is Neighborhood Commercial and the Zoning designation is C-1 (Neighborhood Commercial). . Explained that there would be no exterior modifications. . Stated that the hours are from 6 a.m. to 9 p.m. The outdoor play area hours are between 7:30 a.m. and 6:30 p.m. . Reported that the parking requirement is one space per employee and one space for every five children. This school has 144 children and 18 employees. The parking need for the expansion of this school is only three spaces and the previous retail use in the expansion tenant space required 12 spaces. . Said that in 1989 a parking exception was approved for this shopping center. . Recommended that this project be deemed Categorically Exempt under CEQA and that the Commission adopt a resolution approving this Modification to a previously approved Conditional Use Permit to allow the expansion of this day care facility. . Reported that the applicant is here this evening. Commissioner Gibbons asked if there are any changes to operational hours or previous conditions of approval. Planner Steve Prosser replied no. Commissioner Gibbons asked staff to verify that the previous space met the requirements for the existing number of students. This additional square footage would allow an increase in total students but they are not asking for an increase. To do so they would have to come back before the Commission. Campbell Planning Commission Minutes for August 14, 2007 Page 18 Planner Steve Prosser replied yes, to increase the number of students above 144 would require a Modification. Commissioner Alderete asked if issues of traffic and drop off have to be readdressed here. Planner Steve Prosser replied no, no additional conditions are proposed. He added that there have been no traffic ~impact complaints received as a result of the operation of this child care facility. Chair Rocha asked if any complaints have ever been received. Planner Steve Prosser said nothing has been received. Chair Rocha opened the Public Hearing for Agenda Item NO.2. Chair Rocha closed the Public Hearing for Agenda Item NO.2. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3826 approving a Modification (PLN2007 -98) to a previously-approved Conditional Use Permit (UP 95-03) to allow for the expansion of the Starbright School into the immediate adjacent tenant space on property owned by Kirkorian Properties, LP, located at 1806 W. Campbell Avenue by the following roll call vote: AYES: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None NOES: ABSENT: ABSTAIN: Chair Rocha advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Chair Rocha thanked Vice Chair Roseberry for handling Agenda Item No. 1 for him. *** Chair Rocha read Agenda Item No.3 into the record as follows: Campbell Planning Commission Minutes for August 14, 2007 Page 19 3. Staff Public Hearing to consider City-initiated amendments to the City of Campbell Zoning Code as follows: 1. A new subsection "d" to Chapter 21.12.030.G.1 (Planned Development Zoning District) to require that any late-night use in the Planned Development Zoning District obtain an Administrative Planned Development Permit pursuant to Sections 21.12.03.G.6 and 21.12.03.G.7. 2. A new subsection "3" to Section 21.58.040.B requiring that existing late-night uses without an Administrative Planned Development Permit obtain said permit within 24 months of the effective date of the Ordinance codifying these changes. 3. A modification to the definition (Section 21.72) of "late night activities" to clarify the meaning of the term. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: September 18, 2007. Project Planner: Jackie C. Young Lind, Acting Director Ms. Jackie C. Young Lind, Acting Director, presented the staff report as follows: . Said that this is a Code Amendment that is being proposed in response to existing single-family neighbors that border commercial uses. . Gave an overview of how late uses have been addressed in the Code. o Reported that in 1993, the Zoning Code was modified to require late use permits for C-1, C-2 and C-3 Zones. Late uses include activities occurring during the hours after 11 p.m. and before 6 a.m. o Said that in 2001, a 24-month amortization process was established to require existing operations in commercial zones to obtain Use Permits for late uses. o Said that in 2004, the Code was again amended to require late use permits in all commercial and industrial zoning districts. . Reported that staff has found that the PD zoning district is not included in this requirement. That was not intentional but rather an oversight. . Said that staff is proposing amendments that do three things: o Revise the Code to address procedure, an Administrative Planned Development Permit for any proposed late night uses. o Establish the same 24-month amortization period. o Clarify the definition of late night activities. She said that the new definition melds together operational hours and hours open to the public. . Said that there are a couple of desk items including an email from Julie Walukiewicz on behalf of the Downtown Neighborhood Association; minor typo Campbell Planning Commission Minutes for August 14, 2007 Page 20 corrections to attachments 2 and 4; and a summary prepared by the Code Enforcement Officer listing types of citizen complaints and possible actions to be taken. · Reported that in response to a question on the cost of a permit, an Administrative PD Permit fee is $870, inclusive of the associated Fire review fee. Commissioner Gibbons: · Pointed out that the use of two sets of hours, operational and ancillary, resulted from several specific projects. . Said that there had been trouble making the distinction between open to public and on-site activities after closing to the public. · Asked why these should be merged into one set of hours. City Attorney William Seligmann said that the definition was not clear between internal operations and all operations. This clarifies it to all operations. He added that it does not prevent the Commission from differentiating when conditioning a use. Commissioner Gibbons said that it might result in an extra burden on staff. Commissioner Roseberry said that staff did a great job. He asked about the $870 application fee. Acting Director Jackie C. Young Lind said that in comparison, a Use Permit fee is $3,120. The Administrative PD Permit fee is $665 with the accompanying $205 Fire review fee for a total cost of $870. Commissioner Roseberry asked what an amortization period means here. Does it mean that everyone has 24 months to get the Admin PD Permit? Acting Director Jackie C. Young Lind said that it means either to cease any late use or come in for a valid permit. Commissioner Roseberry questioned preparation hours versus open for business hours. He asked why Professional Office uses and residential uses within the PD Zone are excluded from this requirement for an Administrative PD Permit for late operations. . City Attorney William Seligmann said that a Professional Office use would only be someone working late at their desk. No one would know that they are there working except for a light being on. Commissioner Francois said that he can't support dinging a guy $870 for frying up his donuts at 2 a.m. He said he supports small businesses having personally operated one. Commissioner Gibbons asked how this issue could relate to the Noise Ordinance. Campbell Planning Commission Minutes for August 14, 2007 Page 21 Planner Steve Prosser said that there is no Noise Ordinance for business related activities except for landscaping or construction activities. Commissioner Gibbons asked if this isn't really just a noise issue. She asked if the Noise Element could be amended to help in any fashion. Planner Steve Prosser said that enforcement of noise issues is very difficult. It takes trained personnel measuring noises at the time they occur. He suggested that time limited enforcement is seen as the better way. Chair Rocha said that the differences between industrial and professional office uses are very clear including the fact that Industrial uses often have roll up doors. He added that right now residents have no remedy from noise impacts except to call the police. Chair Rocha opened the Public Hearing for Agenda Item NO.3. Mr. Ken Hoffman, Representative for Campbell Industrial Park: . Suggested that this amendment should have been a part of the 2004 Update when more people would have participated in the process. . Said that this is a case of residential uses encroaching on commercial uses. These residents know that going in. . Cautioned that business is getting hit with so much red tape now. . Described a machine shop that has been in business more than 40 years now. They used to run multiple shifts but now limit to one shift that happens to be at night. That owner would now have to come in for a use permit, a whole big layer of red tape. Mr. Joseph Ziegler, Lincoln Avenue in San Jose: . Said that he is the owner of several properties in Campbell, buildings dating from the 1970's that are occupied by industrial and commercial types of uses. . Agreed that this is just another layer of red tape. . Questioned whether the City has been getting a lot of complaints or just a few. . Pointed out that Police and Fire also operate 24-hours too. . Stated that most tenants are neighborly. . Questioned whether this change is warranted. Ms. Julie Walukiewicz, Resident on First Street in Campbell: . Expressed .her appreciation at being given the opportunity to give input as a resident. . Pointed out that her house was built in 1910 and that the adjacent PD use encroached on a residential use. . Said that her property is zoned R-1. . Reported that for the last seven years she has had to sleep with a pillow over her head due to late night uses from the bars each night between the hours of 10 p.m. Campbell Planning Commission Minutes for August 14, 2007 Page 22 and their 2 a.m. closing. On top of that she has a chiropractor operating next door that opens at 6:30 a.m. with the employees arriving at 5:30 a.m. Therefore, she explained she is left with quiet hours only between 2:30 and 5:30 a.m. . Said that she is requesting just an additional two more hours of quiet at night. . Informed that these noise impacts are lowering the quality of life for residents. She hears diesel engines, motorcycles, car alarms and radios with the base levels that shake her windows as well as people on cell phones. These noises are the result of the early arrival times at the chiropractic office next door. . Advised that she is considering moving. . Said that three hours of quiet for sleep is not enough in an R-1 zoned property. . Stated that she is not in favor of red tape and does not want to stop any uses. She just wants residents to have some input. Commissioner Ebner asked what impacts cars have on her. Ms. Julie Walukiewicz said that she took a picture last week at 6:30 a.m. where there were cars affiliated with the chiropractic office parked up and down the street. The chiropractor tried to solve her noise impacts by blocking off access to his parking lot until 8 a.m. but that just pushed all the cars onto the street to impact even more neighbors. Commissioner Gibbons said that there are two issues raised by Ms. Julie Walukiewicz. One is the impact on residential uses by adjacent PD uses and the other is a general issue with downtown businesses. Ms. Julie Walukiewicz said that the downtown noises are expected. Commissioner Gibbons asked if her major concern is the adjacency issue. Ms. Julie Walukiewicz said yes. Commissioner Gibbons asked if there has been a PD permit to operate this chiropractic office next door to Ms. Julie Walukiewicz. Acting Director Jackie C. Young Lind reminded that there are no operational hour restrictions in a PD Zone at the present time. Commissioner Gibbons asked if this location is zoned PD. Acting Director Jackie C. Young Lind replied yes. Commissioner Gibbons pointed out that some residences are converted into commercial use and that some residential uses are also encroaching into commercial areas. Ms. Jennifer Engel, Resident on Heritage Place in Campbell: Campbell Planning Commission Minutes for August 14, 2007 Page 23 . Said that she resides in a new town home. . Reported that a few businesses start at 5 a.m. There is a tree trimming business that operates a wood chipper early (starting between 5 and 6 a.m.) each morning seven days a week, which is unacceptable. . Advised that West Valley is emptying dumpsters nearby between 3 and 5 a.m. creating great noise as they drop emptied dumpsters to the ground from high up. . Suggested that some sort of time frame is needed here. Chair Rocha asked Ms. Jennifer Engel where the chipper is operated. Ms. Jennifer Engel said it is on Gilman. Commissioner Ebner asked if she is hearing normal garbage pickup. Ms. Jennifer Engel said yes but it also occurs daily creating a big bang at 3 and 4 a.m. Commissioner Ebner said that he is sympathetic but that this is pretty obviously an industrial area. Ms. Jennifer Engel said it is a mixed-use area now. Commissioner Francois: . Said that he too can sympathize and agrees that some sort of cooperation should occur. . Stated that operation of a wood chipper at 5 a.m. is unacceptable. . Asked staff if the garbage pickup hours can be addressed with the garbage company and the chipper issue also be addressed with the operator. Ms. Jennifer Engel reminded that a residential use was on her site prior to her town home development. It was a mobile home park. Commissioner Alderete thanked Ms. Jennifer Engel for her comments and asked again where the chipper was located. Ms. Jennifer Engel said it is on Gilman, directly across from the opening of Heritage Place. Mr. Jeff Kusnitz, Resident on Gilman Avenue in Campbell: . Said that he lives across the street from Sunstone and hears a hammer drill in the early morning hours as well as a loud buzzing at night. . Reported that recently at Haig Precision, a truck arrived in the early evening and the engine was kept running overnight, idling behind their fence. When he called the police he was told that this was allowed since it was occurring on a commercial property in a light industrial area. Campbell Planning Commission Minutes for August 14, 2007 Page 24 Chair Rocha asked if there is a homeowner's association for this townhome development. Mr. Jeff Kusnitz replied yes. Chair Rocha asked if the HOA has attempted to approach Code Enforcement. Mr. Jeff Kusnitz replied yes. He added that he also calls the police regularly. Commissioner Gibbons asked staff if the truck issue can be handled under the Noise Ordinance. Acting Director Jackie C. Young Lind: · Said that both the former and current Code Enforcement Officers are present this evening as a resource on this issue. Planner Steve Prosser is the former CEO and Susan Morgado Gray is the current CEO. · Stated that the Noise Element deals with construction and leaf blowers. After that, the Police Department enforces disturbing the peace situations. . Advised that there is no enforcement tool for this area through the Noise Ordinance. Ms. Julie Walukiewicz advised the Commission that the Gilman HOA and the Downtown Neighborhood Association have been working together for a couple of years now. The only option to have input on issues that impact their quality of life is the adoption of these proposed amendments tonight. Mr. Ken Hoffman: · Asked why so much time and energy is being spent painting with a broad brush when the issue is noise. It's a decibel thing. · Suggested that this noise issue be fixed rather than make everyone go through a process. Chair Rocha closed the Public Hearing for Agenda Item NO.3. Commissioner Francois: . Stated that this amendment is not the solution for this issue. . Agreed that it is about noise. . Said that he is strongly opposed to penalizing every business. . Advised that he would not support this. Commissioner Ebner said that he is not supportive either as he feels there is another way available to mitigate the noise impacts. He asked why a chipper cannot be treated just like a leaf blower as far as the Noise Ordinance is concerned. Commissioner Roseberry: Campbell Planning Commission Minutes for August 14, 2007 Page 25 · Agreed with the position that this is the wrong solution for a noise problem. · Admitted that he too is sensitive to noise at night and that even a dog barking bothers him so he sleeps with ear plugs. · Said that there is creeping urbanization happening and everyone wants a nice place to live. · Reported that he visited this neighborhood on Saturday afternoon at it really is an urban environment. · Said that the City needs to work on giving its Noise Ordinance some teeth rather than create a business tax, which would scare the wrong people out of town. · Reiterated that this is the wrong tool for a problem that clearly exists. Commissioner Gibbons: · Agreed that this is a noise issue and that restricting hours is the suggested control mechanism. · Added that the issue is not to place a burden on the people already in place. · Asked if this could be moved forward with a recommendation that there be a moratorium on charging these businesses with an application fee for a two-year period. Acting Director Jackie C. Young Lind stated that any fee waiver must be approved by Council. Commissioner Gibbons asked for verification that East Campbell Avenue and Winchester Boulevard are both zoned PD. Acting Director Jackie C. Young Lind pointed out that new uses in a PD zone that go through an Administrative PD process could have operational hours attached. Commissioner Gibbons asked what should be done tonight as the essence of the issue is noise. Commissioner Alderete: · Stated that he is not in favor of charging a fee. · Pointed out that the problem with late night activities and the resultant noise is longstanding. · Advised that the speakers tonight are representing groups of people and not just themselves. · Called this an 80/20 situation. Eighty percent of the problem is being caused by 20 percent of businesses. · Said that he is in favor of pursing something including giving PD a list of tools that work. Do something about it and put some teeth into it. · Described witnessing the tree chipper on Railway with half of the street blocked while it was being used. Campbell Planning Commission Minutes for August 14, 2007 Page 26 Commissioner Ebner said that he too is sensitive to noise, including chippers, which he likened to leaf blowers, and wants to pursue this. Asked if there is anything to pursue through the Noise Ordinance. Planner Steve Prosser said that the Noise Ordinance consists basically of definitions. Chair Rocha asked about a category for "bad guys." He said there is a need for a mechanism to keep this issue front and center. He agreed that Ms. Julie Walukiewicz is representing many others in the community in addition to herself. Commissioner Ebner said that he does not want this to go away. He wants to pursue it and get on the problem right away. He said that he is aware that Ms. Julie Walukiewicz is representing many people in the area. Commissioner Alderete said he is ready to move on to the Study Session. Commissioner Francois stressed that these amendments are not fair to businesses. Commissioner Gibbons: · Cautioned that having this in the Code would be nice for consistency. · Added that the problem is how to solve the current problems as staff recommends these amendments as the best enforcement vehicle. · Agreed that something needs to be done with the Noise Ordinance. · Asked whether an up or down vote should be taken on the proposed amendments. Commissioner Roseberry said yes. City Attorney William Seligmann said that the Director has just reminded him that the action of the Planning Commission represents a recommendation for Council. The issue does not live or die here. Motion: NOES: ABSENT: ABSTAIN: Upon motion of Commissioner Francois, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3827 recommending denial of proposed amendments to the City of Campbell Zoning Code that pertain to late uses in PD Zoning, by the following roll call vote: AYES: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None *** Campbell Planning Commission Minutes for August 14, 2007 Page 27 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Jackie C. Young Lind, Acting Director, was accepted as presented with the following additions: . Reported that on August 7th, Council gave second reading to the PD Permit for the hotel on Creekside. . Informed that the Home Church requested a continuance for consideration of an authorization to proceed with a General Plan Amendment for their property on Winchester Boulevard. · Reported that the Tract maps for the Gera Project on First Street and the Salmar development were approved. · Announced that the mixed-use development at 1677 S. Bascom Avenue was also approved. · Said that Council approved placing the cost of abating hazardous vegetation on the property tax assessment rolls. · Advised that Council approved the site for the Campbell Veterans Memorial next to the City Green. · Advised that the next Planning Agenda consists of one item. Chair Rocha asked about the requirement for a crosswalk in conjunction with the Gera project. Acting Director Jackie C. Young Lind said she would look into that issue. ADJOURNMENT The Planning Commission meeting adjourned at 11: 13 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of August 28, 2007. ~ SUBMITTED BY: onn . Shinn, Recording Secretary APPROVED BY: APPROVED BY: /lu~m#1 Michael Rocha, Chair (recused for Item #1) ATTEST: