Loading...
PC Min - 04/22/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. UESDAY APRIL 22, 2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 22, 2008, was called to ord r at 7:34 p.m., in the Council Chambers, 70 North First Street, Campbell, Californi by Chair Roseberry and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Bob Roseberry Mark Ebner Gary Gairaud Elizabeth Gibbons Commissioners Absent: Commissioner: Commissioner: Commissioner: Bob Alderete George Doorley Michael Rocha Staff Present: Acting Director: Senior Planner: Assistant Planner: Planning Intern: City Attorney: Recording Secretary: Jackie C. Young ind Tim J. Haley Steve Prosser Tina Kim William Seligma n Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Gibbons, ded by Commissioner Ebner, the Planning Commission s of the meeting of March 25, 2008, were approved. (3-0-3-1 ; Commissioners Alderete, Doorley and Rocha were a sent and Commissioner Gairaud abstained) Campbell Planning Commission Minutes for April 22, 2008 Page 2 COMMUNICATIONS 1. Correspondence re Agenda Item #7 2. Revised landscape plan for Agenda Item #1 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. PLN2008-54 Dariani, R. Public Hearing to consider the application of Mr. Ramin Dariani, on behalf of Dariani Enterprises, nc., for a Modification (PLN2008-54) to a previousl -approved Conditional Use Permit (PLN2005-164) for the remodel of an existing service station to accommodate a g ocery store within an existing building and with the elimin tion of the previously approved car wash and new servic islands on property owned by Dariani Enterprises, Inc., located at 2855 S. Winchester Boulevard in an C-2- (General Commercial) Zoning District. Staff is recomm nding that this project be deemed Categorically Exempt u der CEQA. Planning Commission decision final unless ppealed in writing to the City Clerk within 10 calendar ays. Staff Planner: Tim J. Haley, Senior Planner Mr. Tim J. Haley, Senior Planner, presented the staff report as follows: . Advised that the applicant is seeking a Modification to a previously-ap roved Use Permit to allow the remodel of an existing service station located at the ntersection of Sunnyoaks Avenue and Winchester Boulevard. . Reported that in March 2006 the original remodel was approved to a Iowa two- story building including a car wash and new service islands. . Added that a revised proposal was considered by the Commission n April 24, 2007, and the project was reduced to a single-story structure. . Stated that since that time, the applicant has worked with ARCO b t was not successful in financing the project. . Said that the applicant is now proposing another revised project that w uld include using the existing building, eliminating the car wash and eliminating the remodel of the service islands. Two service bays would be converted into a ini market operation consisting of approximately 1,700 square feet. The exist ng service islands would be retained. Campbell Planning Commission Minutes for April 22, 2008 Page 3 . Explained that there is adequate parking on site to support this proposal . Reported that SARC reviewed this project and requested the elimi ation of a driveway along Sunnyoaks Avenue and the inclusion of tree w lis on the Winchester frontage. A landscape plan has been distributed this evenin . Recommended the adoption of a resolution approving this project. Chair Roseberry opened the Public Hearing for Agenda Item NO.1. Mr. Ramin Dariani, Applicant: . Said he was available for any questions. Commissioner Ebner asked Mr. Ramin Dariani what his operational hours are currently. Mr. Ramin Dariani replied 6 a.m. to midnight. Commissioner Gairaud asked how a convenience store with a deli could b classified as a grocery store. Mr. Ramin Dariani said that they are not a liquor store. They sell only bee and wine. Additionally, they have prepared food, sandwiches, etc. Commissioner Gairaud asked if there would be a bakery goods and produc Mr. Ramin Dariani said yes, everything is prepared. Commissioner Gibbons asked Planner Tim Haley for more details on he original approval. She explained to Commissioner Gairaud that there was a I ngthy and detailed discussion at the previous hearing. There was the splitting of hair as to how this definition came up. Planner Tim J. Haley: . Explained that a convenience market is considered to be similar to a g cery store with fresh fruit, a deli and other items that characterize it as a grocery. . Added that the Commission found this market was a grocery store and not subject to concentration standards as required for liquor stores. There is a p ovision for grocery stores that they are not subject to concentration. Chair Roseberry reminded that tonight what is under consideration is a mo ification to a previously approved Use Permit that is different in square footage nd size of operation and asked staff to shed some light on that. Planner Tim J. Haley explained that the Commission could determine that reduction from 2,000 square feet to 1,700 square feet changes the character of t e previous approval or it could still find that the project as currently proposed and i a grocery store or market. Campbell Planning Commission Minutes for April 22, 2008 Page 4 Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Commissioner Gibbons: . Said that this is a tough one. . Reminded that the Commission approved a Conditional Use Permit for a very similar use but with a reduction in square footage and a change in progr m. . Reported that she was not supportive originally. . Added that she would normally vote for modifications to an original a here she is choosing to stay with her original vote against this project. Commissioner Ebner: . Said that he was on the fence and is leaning to not approving this reque t. . Said that while reviewing the original request the description of a groce versus a convenience market was debated. . Advised that he is having some problems and finds it hard to believe th t a grocery could still be operated with less square footage. Commissioner Gairaud: . Advised that he had a few reservations about this request. One had to do with landscaping and the applicant's provision of an additional landscape Ian helped with that concern. . Said he has other questions including whether the undergrounding of ut lities would no longer be required without the demolition of the existing building. . Added that Condition 36 of the original approval would no longer be rele ant. . Stated that the result is that there is not much improvement to this prope y. . Admitted that he is having some reservations. Chair Roseberry: . Asked the City Attorney for some advice on what can be consider d with this request to modify a previous approval. . Said that this is a different project, substantially different to the original. City Attorney William Seligmann: . Informed that the Modification request opens up the previous conditions f approval to review and modification. . Said that to deny the Modification the Commission must make the find ng that the proposal no longer meets the definition of a grocery store. . Explained that the description of a grocery is that it sells staple food it ms, etc. A minor portion may be processed on site. It excludes a store that sells a single type of item such as a candy store. Chair Roseberry: . Reiterated that this Modification opens up all the previous conditions of pproval. . Questioned what character difference there is between a 7-11 and a gro ery. . Asked if it would be a deal breaker for the applicant if this were op rated as a convenience store without beer and wine sales. Campbell Planning Commission Minutes for April 22, 2008 Page 5 Commissioner Gibbons: . Said that she had the same points. . Advised that she does not object to a convenience/grocery store but obj cts to beer and wine sales. . Added that she has no objections to the proposed improvements and t e range of foods. . Stated that her issue is the proximity of beer and wine sales to the 7-11 . . Said she supports this project without beer and wine sales. . Suggested that the applicant start without beer and wine sales and com back at a later time to add it. Commissioner Gairaud said he questions the hours for beer and wine sales Chair Roseberry:. . Said that he was in favor originally. . Pointed out that Winchester is a busy street, a late night street. . Added that Sunnyoaks Avenue is a feeder street into a neighborhood. . Said that he didn't see an over-concentration and was in favor. Even now, he is kind of okay with it. . Stated that this use would not be any noisier an operation or draw ore to that location than what is there. . Asked if a decision could be deferred to the next meeting were more Commissioners would be present. City Attorney William Seligmann said that the Commission could do t at but the members absent from tonight's meeting would have to watch the t pe of this discussion in order to participate in the continued discussion of this item at the next meeting. Commissioner Ebner said he could support a limit in hours and sales of added that he could approve the rest of the project. Chair Roseberry asked if this station operates 24-hours currently. Commissioner Ebner said that the applicant mentioned 6 a.m. to midnight. Commissioner Gibbons asked if the gas station was 24-hour too. She added that closing off the Sunnyoaks driveway is a good suggestion. Chair Roseberry said that one of the two driveways onto Sunnyoaks w uld remain open. Commissioner Gibbons said that she believed that both were closed. Campbell Planning Commission Minutes for April 22, 2008 Page 6 Planner Tim J. Haley clarified that the northwest driveway would be closed off. There is still another one along Sunnyoaks. He said that the landscape plan epicts the planting area. Chair Roseberry said that keeping the Sunnyoaks driveway is e sential for maneuvering by large delivery trucks. Commissioner Gibbons asked staff for the hours for 7-11. Planner Tim J. Haley replied he did not know. Commissioner Gibbons said that allowing gas delivery to midnight is too lat She said that she is okay with 24-hour operation but prefers no beer and wine licens Planner Tim J. Haley said that the applicant has information about operatio Commissioner Gairaud said that the 7-11 currently operates 24 hours. Mr. Rick Lechleitner, Applicant: · Reported that he had walked the neighborhood and spoke with neighbor . . Said that originally a car wash was proposed. · Said that some neighbors were concerned about beer and wine sales. By cutting off any beer and wine sales at 1 a.m. the neighbors were fine. . Explained that ARCO did not move forward with the original proposal a to pull back and downsize. There is no car wash now. . Said that this is a nice project. Commissioner Gibbons asked Mr. Rick Lechlietner if they could live with be r and wine sales ending at midnight. Mr. Rick Lechlietner replied sure. Chair Roseberry re-closed the Public Hearing for Agenda Item NO.1. Commissioner Gibbons: . Said that this has been a good discussion that makes her feel better. . Added that shutting off liquor sales at midnight would be an issue of en~ rcement. . Said that the standard condition is included that allows the ommunity Development Director to reduce hours immediately if conditions are not et. . Stated that she could support this request with the requested landscaping and 24 hour operation but with beer and wine sales prohibited between mid ight and 8 a.m. . Added that she prefers that gas deliveries occur before 11 p.m. ather than midnight. Campbell Planning Commission Minutes for April 22, 2008 Page 7 Motion: Upon motion of Commissioner Gibbons, seco ded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3879 granting a Modification (PLN200 -54) to a previously-approved Conditional Use Permit (PLN2005-1 4) for the remodel of an existing service station to accommodate a grocery store within an existing building and with the eliminat on of the previously approved car wash and new service islands 0 property owned by Dariani Enterprises, Inc., located at 2855 S. inchester Boulevard, as modified, by the following roll call vote: AYES: Ebner, Gibbons and Roseberry NOES: Gairaud ABSENT: Alderete, Doorley and Rocha ABSTAIN: None Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Acting Director Jackie C. Young Lind clarified that the changes approved include the addition of the updated landscape plan; amend the conditions to restrict al ohol sales between midnight and 8 a.m.; amend the conditions to limit gas deliveries t between 6 a.m. and 11 p.m.; and amend the conditions to give the Community D velopment Director the option to immediately restrict operational hours upon verified c mplaint. *** Chair Roseberry read Agenda Item NO.2 into the record as follows: 2. PLN2008-29 Kang, J. Public Hearing to consider the application 0 Ms. Julie Kang for a Conditional Use Permit (PLN2008- 9) to allow on sale beer and wine sales in conjunction with an existing restaurant on property owned by Campbell Plaza Development Co. located at 2455 S. inchester Boulevard in a C-2-S (General Commerc al) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEO . Planning Commission decision final unless appealed i writing to the City Clerk within 10 calendar days. Staff PI nner: Tim J. Haley, Senior Planner Mr. Tim J. Haley, Senior Planner, presented the staff report as follows: . Reported that the applicant is seeking Conditional Use Permit approval to allow on sale beer and wine sales in conjunction with a new restaurant in th Campbell Plaza Shopping Center. This approximately 1,700 square foot rest urant was previously Chinese and will be operated as a new Japanese Restauran. It has 48 seats. . Explained that adjacent uses were reviewed and this proposal is com this shopping center. Campbell Planning Commission Minutes for April 22, 2008 Page 8 . Recommended the adoption of a resolution to allow on-sale beer and wine sales with a restaurant. Chair Roseberry opened the Public Hearing for Agenda Item NO.2. Chair Roseberry closed the Public Hearing for Agenda Item NO.2. Commissioner Gibbons said that staff did a good job. This is a request. She stated that the standard noise condition is imposed. Motion: Upon motion of Commissioner Gibbons, by Commissioner Gairaud, the Planning Commission adopted Resolution No. 3880 granting a Conditional Use Permit (PLN2008- 29) to allow on sale beer and wine sales in conjuncti n with an existing restaurant on property owned by Camp ell Plaza Development Co. located at 2455 S. Winchester Boulev rd, by the following roll call vote: AYES: Ebner, Gairaud, Gibbons and Roseberry NOES: None ABSENT: Alderete, Doorley and Rocha ABSTAIN: None Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Roseberry read Agenda Item No.3 into the record as follows: 3. PLN2008-06/52 Hamilton Avenue Investors, LLC Public Hearing to consider the application of Hunter Properties, on behalf of Hamilton Plaza Investo s, LLC, for a Site and Architectural Review Permit and Tr e Removal Permit (PLN2008-52) to remove a palm tree a d to allow the construction of an 8,000 square foot ommercial building on property owned by Hamilton Plaz Investors, LLC, located at 1790 S. Bascom Avenue n a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed C tegorically Exempt under CEOA. Planning Commission d cis ion final unless appealed in writing to the City Cler within 10 calendar days. Staff Planner: Tina Kim, Planni g Intern Ms. Tina Kim, Planning Intern, presented the staff report as follows: . Reported that the applicant is seeking a Site and Architectural Permi and Tree Removal Permit to allow the demolition of an existing commercial b ilding and construction of a new commercial building on the east side of Basco Avenue, between Hamilton and Ridgeley. Campbell Planning Commission Minutes for April 22, 2008 Page 9 · Described the surrounding uses as commercial to the south, east an north and residential to the west. . Said that the General Plan land use designation is General Com mer ial and the Zoning is C-2-S (General Commercial). This proposal is allowed with is uance of a Site and Architectural Review Permit. · Stated that the new commercial building would be 8,000 square feet ith a slight change in the building footprint from an L-shape to a rectangular s ape. The massing is reduced with horizontal and vertical articulation. There ar two tower elements. The stucco is in earth tone colors. There are wall mounted Ii hts. · Said that there are 30 parking spaces, two of which are accessible. · Explained that the driveways are shared with the adjacent center under same ownership. An easement will be recorded to formalize that access arrangement in the event that one of the properties changes ownership in the future. . Reported that a 36-inch diameter Day Palm would be removed with issuance of the requested Tree Removal Permit. . Said that SARC reviewed this project on April 8, 2008. . Recommended that the Planning Commission find this project to be C tegorically Exempt under CEQA as it is a replacement of an existing structure. · Recommended approval of the Site and Architectural Review Permit a Removal Permit. . Informed that the applicant is present this evening. Commissioner Gibbons asked to verify if this parcel is owned by the sam owner as the attached shopping center. Intern Tina Kim replied yes. Commissioner Gibbons pointed out that the trash enclosure to serve this si e is on the adjoining parcel. Intern Tina Kim explained that they are currently processing a Lot Line Ad ustlllent to correct this situation. Commissioner Gibbons: . Stated that the Lot Line Adjustment must be completed before this app ication can become effective. . Said that two additional conditions are necessary. One condition shoul state that "prior to implementation of this permit, the Lot Line Adjustment to inco porate the trash enclosure area and parking into this property must be compl ted." The second condition should properly document an access easement from t e adjacent parcel. The covenant for access should be on the deed so that when t e property is sold, it remains in effect. . Stated that she has questions about parking and retail space. . Said that the parking standard for financial services is half the requ rement for retail. Campbell Planning Commission Minutes for April 22, 2008 Page 10 Chair Roseberry said he has similar questions about parking. He said h counts 30 spaces while 39 are required for retail uses. Ten more spaces would e provided through the Lot Line Adjustment. He asked how the adjacent parcel is park d. Planner Tim J. Haley: · Said that the parking standard for the shopping center is one space per 07 square feet. · Stated that there is shared parking for this 11-acre shopping center. · Added that the tenant mix on this end of the center is one that does ot reflect a high parking demand. Commissioner Gibbons said her issues are the swales and retention, use f universal parking stalls and the fact that the cars would overhang the landscape ar a reducing area available for trees without being hit by the front end of parked cars. S e said that there is a lot happening on this tiny little site. Chair Roseberry pointed to Sheet 7 A that depicts a heavy dotted line tri utary area. There is a pretty wide median there with 9 inch minimum depth at the bo om of the swale. Commissioner Gibbons said that she wants to make sure that trees are s t back far enough to make up for the cars overhanging the parking spaces. Chair Roseberry agreed that they need to be at least two feet away. confident that there is adequate parking available. Commissioner Gibbons said that if parking is at a 1 per 200 square foot r tio, she is okay with the shared parking. Acting Director Jackie C. Young Lind reiterated the desired added co ditions as including a covenant for the access easement; the trash enclosure to be 10 ated within the subject site t~rough a Lot Line Adjustment; and the restriction of use 0 financial institution due to the parking shortage. Chair Roseberry clarified that the Commission is trying to get the all of the ommercial space designated retail instead of financial institution. Chair Roseberry opened the Public Hearing for Agenda Item NO.3. Mr. Dennis Meininger, Representative for Applicant: · Said that he has seen the preliminary Lot Line Adjustment and it run down the middle of the driveway. · Added that there is no issue in incorporating those spaces. Chair Roseberry closed the Public Hearing for Agenda Item NO.3. Campbell Planning Commission Minutes for April 22, 2008 Page 11 Planner Tim J. Haley said that when the center was remodeled the parking ratio was 1 for every 207 square feet. Acting Director Jackie C. Young Lind reiterated the additions as includ ng specific language regarding the covenant for the access easement and drainag and a Lot Line Adjustment to bring in the trash enclosure and additional parking onto the subject site. Commissioner Gibbons added that the allowable use for the entire par el shall be Commercial and not limited to Financial. Acting Director Jackie C. Young Lind said that this could be noted on the Condition 1. Motion: Upon motion of Commissioner Gibbons, seco ded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3881 approving a Site and Architectu al Review Permit (PLN2008--06) to allow the construction of an 8, 00 square foot commercial building and Resolution No. 3882 appro ing a Tree Removal Permit (PLN2008-52) to remove a palm tree 0 property owned by Hamilton Plaza Investors, LLC, located at 1790 . Bascom Avenue, as modified to include the Covenant for access easement rights; a Lot Line Adjustment to incorporate the trash enc osure and parking into this project site; and allowance of 100 pe ent retail uses, by the following roll call vote: AYES: Ebner, Gairaud, Gibbons and Roseberry NOES: None ABSENT: Alderete, Doorley and Rocha ABSTAIN: None Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Roseberry read Agenda Item NO.4 into the record as folloWs: Campbell Planning Commission Minutes for April 22, 2008 Page 12 4. PLN2008-24 Lavond Public Hearing to consider the application of Dawn and Christopher Lavond for a Site and Architect ral Review Permit (PLN2008-24) to allow the demolition 0 an existing one-story single-family residence and constr ction of a new one-story single-family residence on pro erty owned by Dawn and Christopher Lavond located at 1561 Hack Avenue in an R-1-10 (Single Family Residen ial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQ . Planning Commission decision final unless appealed i writing to the City Clerk within 10 calendar days. St ff Planner: Julianna Mandler, Interim Planner Mr. Tim J. Haley, Senior Planner, presented the staff report as follows: . Reported that the applicant is seeking approval of a Site and Architect ral Review Permit to allow the construction of a new single-family residence and d molition of the existing structure on property located at 1561 Hack Avenue. . Said that the project site is zoned R-1-10 and the property is bo nd to the requirements of the San Tomas Area Neighborhood Plan. . Advised that the new home would be single story and include 2,631 sq are foot of living space; an attached 245-square foot two-car garage; and an ap roximately 200 square foot porch. There is an accessory building that is 984 squar feet. The total lot coverage is 31 percent. The maximum FAR allowed is .45. . Described the architectural style as Craftsman with a simple roof design. . Recommended the adoption of a resolution approving a Site and rchitectural Review Permit to allow the demolition of an existing residence and cons ruction of a new residence. Commissioner Gibbons brought up the accessory structure/garage located in the back that exceeds the 640 square foot size. How is this allowed? Planner Tim J. Haley explained that this is not a residential unit but rather a approved garage/workshop. Such an accessory structure can be up to 1,000 square eet in size. There are no living quarters within this structure. Chair Roseberry opened the Public Hearing for Agenda Item No.4. Mr. Christopher Lavond, Owner and Applicant: . Explained that he purchased this lot 15 years ago not for the existing house but rather for the piece of land it sat on. . Added that he wanted the building in the back to house cars, boats, etc. . Advised that they will be able to use this structure to store their househ Id belongs during construction of their new home saving the cost of a storage facilit . . Assured that they would never put in a second story as they don't lik two-story homes. Campbell Planning Commission Minutes for April 22, 2008 Page 13 Chair Roseberry closed the Public Hearing for Agenda Item No.4. Commissioner Ebner remarked how refreshing it is to see a single-story residence. This is a very nice, good looking structure. Motion: Upon motion of Commissioner Ebner, seconded by Co missioner Gairaud, the Planning Commission adopted Resolutio No. 3883 approving a Site and Architectural Review Permit (PLN 008-24) to allow the demolition of an existing one-story si gle-family residence and construction of a new one-story si gle-family residence on property owned by Dawn and Christoph r Lavond located at 1561 Hack Avenue, by the following roll call vot AYES: Ebner, Gairaud, Gibbons and Roseberry NOES: None ABSENT: Alderete, Doorley and Rocha ABSTAIN: None Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Roseberry read Agenda Item NO.5 into the record as follows: 5. PLN2008-53 Ahmed, B. Public Hearing to consider the appeal (PLN200 -53) of Mr. Sasheer Ahmed of an Administrative Decision 0 deny the addition of a covered porch to a previously ap roved Site and Architectural Review Permit (PLN2006-04 for a new two-story single-family residence curre Iy under construction on property owned by Mr. Bash er Ahmed located at 1692 Westmont Avenue in R- -9 (Single Family Residential) Zoning District. Staff is rec mmending that this project be deemed Categorically Ex mpt under CEOA. Planning Commission decision fi al unless appealed in writing to the City Clerk within 10 calendar days. Staff Planner: Steve Prosser, Assistant P nner Mr. Steve Prosser, Assistant Planner, presented the staff report as follows: . Reported that on March 27, 2008, the applicant appealed an Ad inistrative Decision that denied the addition of a covered porch to a previously ap roved Site and Architectural Review Permit. . Advised that SARC reviewed this item on April 8, 2008, and was s pportive of adding a porch element and suggested that the applicant and staff work together to resolve the concerns regarding this porch. . Stated that on April 15, 2008, a minor porch addition was proposed an approved at staff level. Campbell Planning Commission Minutes for April 22, 2008 Page 14 · Recommended that the applicant's request to withdraw the appeal be ccepted by this Commission. Chair Roseberry opened the Public Hearing for Agenda Item No.5. Chair Roseberry closed the Public Hearing for Agenda Item NO.5. Motion: Upon motion of Commissioner Gibbons, sec Commissioner Ebner, the Planning Commission ac applicant's request to WITHDRAW HIS APPEA OF AN ADMINISTRATIVE DECISION denying a Modifica ion to a previously approved Site and Architectural Review ermit for property owned by Mr. Basheer Ahmed locate at 1692 Westmont Avenue. (4-0-3; Commissioners Alderet , Doorley and Rocha were absent) Chair Roseberry advised that this action is final. *** Chair Roseberry read Agenda Item No.6 into the record as follows: 6. PLN2008-23 Porta, J. Public Hearing to consider the application of Ms. Jonel Porta, on behalf of Equity Office Propert es, for a Modification (PLN2008-23) to a previously approved Master Sign Plan (PLN2005-97) to allow a ne wall sign (Sugar Butter Flour) for an existing comme cial tenant space, previously occupied by Mrs. Field's ookies, on property owned by Equity Office Properties located at 1875 S. Bascom Avenue, Unit 152, in a C-2 S (General Commercial) Zoning District. Staff is recomm nding that this project be deemed Categorically Exempt u der CEOA. Planning Commission decision final unless ppealed in writing to the City Clerk within 10 calendar ays. Staff Planner: Steve Prosser, Assistant Planner Mr. Steve Prosser, Assistant Planner, presented the staff report as follows: . Reported that the applicant is seeking a Modification to a previousl Master Sign Plan for the Pruneyard, which is located at S. Bascom Ave Campbell Avenue. . Described the Zoning as C-2-S (General Commercial) and the Genera use designation as General Commercial. . Advised that the Master Sign Plan was originally approved in 2004 and 2005. . Explained that the Master Sign Plan called out 15 existing signs at the Pruneyard Shopping Center that were not required to comply. Mrs. Field's was 0 e of those 15 exempted signs. The Master Sign Plan required that the exempted igns must Campbell Planning Commission Minutes for April 22, 2008 Page 15 comply when there is an occupancy change or sign change, unles approved otherwise. · Stated that the recently installed sign is out of conformance with the Pruneyard Master Sign Plan. · Said that SARC reviewed this request on April 8, 2008. · Recommended that the Planning Commission find this applica 'on to be Categorically Exempt under CEOA and that the Commission adopt resolution approving a modification to this Master Sign Plan by replacing Mrs. ield's with Sugar Butter Flour on the Master Sign Plan as exempted. Commissioner Gairaud asked how out of compliance is this sign. Planner Steve Prosser reported that it is actually three square feet less th n the total sign area allowed under the standard City-wide Sign Ordinance but the stye of sign is out of compliance with the four possible sign types included in the Master Si n Plan. Commissioner Gibbons asked if the illustrations show a compliant sign. Planner Steve Prosser replied that it shows the sign "as built" and curr ntly on the building. Commissioner Gibbons pointed out that the profile is different than the stan ard. Planner Steve Prosser said that the metal elements and background color are out of conformance. Chair Roseberry asked for clarification that the Mrs. Field's sign that wa exempted has been taken down and replaced with what is in the packet. Planner Steve Prosser replied correct. While they used elements of the Plan they didn't exactly follow it. Commissioner Ebner presented the Site and Architectural Review Committ e report as follows: . SARC raised a couple of concerns/issues. . Said that they were concerned about allowing the exception to continue. . Asked the Pruneyard representative to provide a list of tenants who ha requested exceptions to the Master Sign Plan but had been denied. Some of tho e who had requested and been denied included: Bank of America, Trudy's, UPS Boswell's, etc. Chair Roseberry opened the Public Hearing for Agenda Item NO.6. Ms. Jonel Porta, Representative of Equity Office: . Thanked the Commission for its time and the opportunity to revie this sign application for Sugar Butter Flour. Campbell Planning Commission Minutes for April 22, 2008 Page 16 Commissioner Gibbons said that it seems very odd to not want standar ized signs. She asked Ms. Jonel Porta why they are not consistent. Ms. Jonel Porta pointed out that this is a stand alone building. The buildin is painted a cream color. The standard background for signs is also a cream color hich would make the Sugar Butter Flour sign appear washed out. Commissioner Ebner asked if during lease negotiations this tenant could ot ask that the building be repainted in order to comply with signage. Ms. Jonel Porta clarified that she is the landlord representative and poin d out that they had just recently repainted the entire center. It was a matter of consis ency (paint color). Mr. Greg Vasquez, Window Graphics Sign Company: . Stated that Master Sign Plans typically incorporate everything in a shop ing center. . Advised that he didn't see anything in the plan that specifically app ied to this building, which is a stand alone building. . Said that it is hard for the sign company to come up with what to follow. . Added that he was told that this was an exempt building. . Explained that the corporate logo standards for Sugar Butter Flour inclu gold colors with a black frame. . Pointed out that there are several benches and two light poles nearby i the same black. Commissioner Gibbons asked if the old Mrs. Field's sign has the same de th of frame that he installed here for Sugar Butter Flour. Mr. Greg Velasquez said that it is 12-inches thick, which is necessary whe the sign is internally illuminated. Commissioner Gibbons pointed out that the standard is not for back lit signs Commissioner Ebner asked Mr. Greg Velasquez whether after consulti g with his client he had considered going to the City before producing their sign. Mr. Greg Velasquez said he knew the sign complied with the City's Sign Ordinance and was unaware of the Master Sign Plan. Planner Steve Prosser: . Directed the Commission to Section D-4 on page 2 of 3 of the Maste Sign Plan that lists the types of signs allowed. . Pointed out that what was built does not match any of the listed types. . Reported that staff found that the beam mounted sign, the small t nant roof- mounted or wall channel letter sign were potential options. Campbell Planning Commission Minutes for April 22, 2008 Page 17 Chair Roseberry asked if any of those were back lit. Planner Steve Prosser said that the small beam mounted box signs are lit. Chair Roseberry asked if this sign is most like that one. Planner Steve Prosser replied yes. Chair Roseberry closed the Public Hearing for Agenda Item NO.6. Commissioner Ebner: . Said that he is concerned about allowing exceptions. . Reminded that the purpose of a Master Sign Plan is uniform signage. . Said that the Pruneyard management knows this. . Questioned why the sign company did not come to the City for review of his sign. . Stated that he is not inclined to support at all. Commissioner Gibbons: . Said that on first reading, she agrees with Commissioner Ebner. . Added that she has gained a little more tolerance from what she tonight. . Said that the question is either to allow this business to keep what they have installed or require consistency. . Supported use of a freestanding letter wall sign keeping their letter c lors. She could support that. . Stated that she prefers matching but will see. . Concluded that she is not inclined to leave as it is as it is too different. Commissioner Gairaud: . Said that he does not have the same experience with sign exceptions s the other Commissioners. . Stated that he is inclined to give a small business owner a fair break he e and keep what they have now. Commissioner Ebner: . Said that this is opening a can of worms. . Added that this will keep coming back. . Questioned why even have a Master Sign Plan in place if it is not enforc d. Chair Roseberry: . Stated his agreement. . Said that when he looked at this originally he didn't think it was a big not the same but it could be consistent if the end panels are replaced. . Said that since this sign is on a building by itself, he can give a little sl ck for that reason. Campbell Planning Commission Minutes for April 22, 2008 Page 18 . Suggested the inclusion of real filigree on the end of the sign instead of picture of it on the sign. Commissioner Gibbons: . Said that she started that way with the need to stick to the rules, whi total standard or wall individual letters. . Added that her only hesitation is that the color scheme is different. . Said that others were allowed to keep their signs. . Stated that it is up to the property owner to let the tenant know f the sign requirements. . Suggested that there are two good options. One is the standard wall-m unted sign that is back lit or the wall-mounted individual letters. . Stated that she likes to stick to the letter of the guidelines. Chair Roseberry said that he agrees. He said that his one hesitation s that this building is different. It has no roofline that matches the other buildings. He sked what sign standard the BofA building has. Planner Steve Prosser said they are "J" on the master sign program list. Chair Roseberry re-opened the Public Hearing for Agenda Item NO.6. Mr. Monty Aharomovidz, Owner of Sugar Butter Flour: . Informed the Commission that he has invested in this specific sign ideas of the requirements. . Added that this is fairly similar to other signs at the Pruneyard and re business identity. resents his Commissioner Ebner: . Said that he is sympathetic. . Added that it was the landlord's job to tell him of the Master Sign should have provided the details as they certainly know the rules. H talking to them for a remedy. . Stated that he feels badly for this business owner. Ian. They should be Ms. Julie Petit, Representative for Equity Office: . Explained that they created the Master Sign Plan and still support it. . Said that there are times when they need the Commission's help and support on these exceptions. . Reminded that this is a stand alone building. . Pointed out that they have turned down other requests for exceptions fr m seven to eight other tenants. . Said that as the landlord they have to consider these conditions. Commissioner Ebner asked how long the tenant's lease is for. Campbell Planning Commission Minutes for April 22, 2008 Page 19 Ms. Julie Petit replied five years. Chair Roseberry re-c1osed the Public Hearing for Agenda Item NO.6. Chair Roseberry: . Said that the intent of the Master Sign Plan is to achieve a consistent I existing tenants had the privilege to be grandfathered in. . Stated that in the future, different tenants were to bring the signs into c nformance with the Master Sign Plan. . Said that it appears that this building did not seem to have a sign type a signed to it that strongly. . Added that this is real close to being a consistent sign. Commissioner Gibbons: . Said that she is confident that there was no intent to bypass things. . Added that she did not think that the property owner handled it well but can't make any assumption. . Agreed that it might not be easy to modify the existing sign. . Advised that she is inclined to be a little flexible given the vagaries. . Said that she would like to know if the ends of this existing sign could be changed. Chair Roseberry pointed out that sign exceptions are usually to allow mo e or larger signs, which is not the case here. He said that the Commission wants to se d a strong message to Pruneyard management that it does not want to see this situati n again. Commissioner Ebner: . Said that Ms. Jonel Porta had said that they were hopeful the sig could be supported. . Reminded that there are four categories of sign types and this sign did n t fit any of those categories. . Added that the fact that the building color blended is one that they c n solve by changing it. . Said that this request is opening Pandora's Box. . Stated that he feels terrible for this business owner who was misled. . Said that he prefers a hard stand and changes to achieve compliance if Chair Roseberry re-opened the Public Hearing for Agenda Item No.6. Commissioner Gibbons asked Mr. Greg Vasquez if the filigree on the en current graphic could be modified to add real filigree. Mr. Greg Vasquez, Window Graphics Sign Company, replied absolutely. Campbell Planning Commission Minutes for April 22, 2008 Page 20 Acting Director Jackie C. Young Lind: . Advised that staff has asked twice for the new paint colors for this shop ing center for the file. Chair Roseberry re-c1osed the Public Hearing for Agenda Item NO.6. Commissioner Ebner asked Planner Steve Prosser if of the four sign styles is this one that would be back lit. Planner Steve Prosser said yes. It is internally illuminated box sign that i consistent with the beam-mounted sign. Commissioner Gibbons: . Said that she is willing to approve a modified sign with the box frame articulated with real filigree on the ends. With that change, it is in essence consist nt with the guidelines. . Said that she would propose to add a condition to provide the City with he current color palette of the shopping center. . Added that all future signs and colors of building are to be provided to the City in advance. Planner Steve Prosser advised the Commission that upon further review of the Master Sign Plan document, an illuminated box would not be allowed. Commissioner Gibbons clarified that means nothing internally lit. Chair Roseberry agreed that all center signs are very thin with no internal lighting. Commissioner Gibbons said that they can simply shut off the light but wo Id need an external light. Chair Roseberry re-opened the Public Hearing for Agenda Item NO.6. Mr. Greg Velasquez said that they could use an internally illuminating Iigh with halo, which consists of an opaque face with plexi glass letters that are pushed thr ugh. Chair Roseberry clarified that the letters light up but the background is opaq Chair Roseberry re-c1osed the Public Hearing for Agenda Item NO.6. Commissioner Gibbons suggested a revision to a potential motion to acc pt the sign as a box sign with articulated filigrees on the ends. The letters on' would be illuminated to create a halo effect. The property management company ill also be required to submit paint colors and sign applications in advance in the futur . Acting Director Jackie C. Young Lind said that it is unfortunate that this h s come to this for a new business in Campbell. She added that City staff is very welco ing. Campbell Planning Commission Minutes for April 22, 2008 Page 21 Chair Roseberry said that this again goes back to the landlord. He can't rationalize them not working with the City. If it happens again, the Commission will be ough. Motion: Upon motion of Commissioner Gibbons, seco ded by Commissioner Gairaud, the Planning Commission adopted Resolution No. 3884 approving a Modification (PLN200 -23) to a previously approved Master Sign Plan (PLN2005-97) to allow a new wall sign (Sugar Butter Flour) for an existing commer ial tenant space, previously occupied by Mrs. Field's Cookies, 0 property owned by Equity Office Properties located at 1875 . Bascom Avenue, Unit 152, by the following roll call vote: AYES: Gairaud, Gibbons and Roseberry NOES: Ebner ABSENT: Alderete, Doorley and Rocha ABSTAIN: None Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Roseberry read Agenda Item No. 7 into the record as follows: 7. PLN2008-17 Ayalew, M. Public Hearing to consider the application of Ms. Merat Ayalew for a Conditional Use Permit (PLN2008-17) to establish a new day care facility serving up to 0 children consisting of 1,541 square feet of an exist ng church building on property owned by Campbell ommunity Church of God of Prophecy located at 25 Virginia Avenue in a P-F (Public Facilities) Zoning Dist ict. Staff is recommending that this project be deemed C tegorically Exempt under CEOA. Planning Commission d cision final unless appealed in writing to the City Cler within 10 calendar days. Staff Planner: Steve Prosse Assistant Planner Mr. Steve Prosser, Assistant Planner, presented the staff report as follows: . Reported that the applicant is seeking a Conditional Use Permit to stablish a commercial day care serving 30 children within an existing church building located on the east side of Virginia, between Bucknall and Rincon. . Advised that the General Plan land use designation is Institution and he Zoning designation is P-F (Public Facilities). This proposed day care use is con istent with issuance of a Use Permit. . Explained that no exterior changes are proposed. . Said that operational hours would be between 6 a.m. and 7 p.m., Mon ay through Friday. Outdoor activities would be restricted to between 8 a.m. a d 7 p.m., Monday through Friday. Campbell Planning Commission Minutes for April 22, 2008 Page 22 . Stated that there are 38 spaces required for this property and 28 ar provided, leaving a parking deficiency of 10 spaces. The parking standard for day care requires one space for every employee and one space for every 5 chi dren. The maximum staffing count would be five resulting in a parking demand 0 11 spaces for this day care. . Said that the parsonage also has available parking and staff believes hat on-site parking is adequate for this use. . Reported that the City's Traffic Engineer has reviewed this project site and made the determination that traffic and circulation would be adequate to serve a day care with 30 students and five staff. . Informed that letters and a petition in opposition to this proposed da care have been provided this evening as a table item. . Said that there was no SARC review. . Recommended that the project be deemed Categorically Exempt under CEOA and that a resolution be adopted approving this Conditional Use Permit. Commissioner Ebner asked about the traffic study. He said that Virginia s a heavily traveled cut through street. He asked if there was a traffic count available. Planner Steve Prosser reported that Virginia Avenue is a residential collect r street. It has 1 ,836 vehicle trips per day that would increase to 1,968. At peak tr ffic (5 to 6 p.m.), there are 212 vehicles. Capacity for a two-lane collector is 1,700 trips. The LOS (Level of Service) is rated as "C". Commissioner Ebner said it appears the petition has been signed by appro imately 61 residents. Commissioner Gibbons asked if there was a community meeting held by thi applicant. Planner Steve Prosser replied no. Chair Roseberry pointed out that in 1972 a Conditional Use Permit was ap roved for a commercial day care serving 30 children but it was never used. Planner Steve Prosser said the day care was never established. Commissioner Gibbons asked if it was approved at that time with a hortage in parking. Planner Steve Prosser said that this church site was approved with more can currently be found on site. He said he is not sure why. Commissioner Gibbons said it could be because the lot was restriped differ ntly. Planner Steve Prosser agreed. Campbell Planning Commission Minutes for April 22, 2008 Page 23 Commissioner Ebner inquired whether this church is the landlord or i it actually running this day care. Planner Steve Prosser said that the church was the landlord. Commissioner Ebner asked again if they were also the operator. Planner Steve Prosser said no there is a private operator. Chair Roseberry opened the Public Hearing for Agenda Item NO.7. Mr. Mehran Zargari, Resident on Virginia: . Stated that he has serious concerns. . Reported that already two churches operate on this site. 0 a rental home. There are a large number of cars, traffic and noise. . Said that 30 children and five staff will compound the existing uses. . Questioned how many uses can be operated on one property. There as to be a limit. This one is being overused and results in an intrusion on his p operty and privacy. . Said his house is built on an angle and from the subject property ther is a clear view of his first floor and two rooms upstairs. . Added that he has noise concerns. . Reported that over 60 people signed the petition against this day care. . Advised that behind this facility there is San Tomas Aquino Creek, whi h at times has a high level of water. This is an accident waiting to happen to h ve children nearby. . Stated his objection to this proposal. Commissioner Ebner asked if there was a fence separating the site from th Mr. Mehran Zargari said that there is a six-foot chain link fence. Commissioner Ebner asked if this is a two lane street. Mr. Mehran Zargari replied yes. Commissioner Ebner pointed out that there are already 200 cars pas ing by on Virginia. Mr. Mehran Zargari said this day care would bring additional traffic in and out of Virginia. Commissioner Gairaud asked how long he has lived across the street from his church. Mr. Mehran Zargari replied since 1988. Commissioner Gibbons asked how often he hears live music from the site. Campbell Planning Commission Minutes for April 22, 2008 Page 24 Mr. Mehran Zargari admitted it was not very often and was for the church s rvices. Mr. John Polo, Resident on Virginia: . Said that he lives on the west side of the project site and has since 1983. . Said that there has been increased traffic and noise and an additiona stop sign. Christopher Avenue is a speed enforced area. . Stated that there are many church activities. · Said that his driveway is directly across from the playground area that ill result in children's voices and noise from the playground. . Said that this use would not fit this neighborhood due to noise and traffic · Distributed photographs he had taken of a church sale that happened n site from 7 a.m. to 5 p.m. . Said that he can handle activity on site on the weekends but not se en days a week. That is pushing it. Commissioner Ebner: . Pointed out to Mr. John Polo that while he has resided in the neighbo hood since 1983, this church has been there since the 1950's. They knew it was a hurch and if there was a concern about proximity of living next to a church it might have given him pause to look elsewhere. . Asked Mr. John Polo if he works from home. If not, how will he be i pacted by noise when he is away at work? Mr. John Polo explained he works Mondays and Wednesdays. Mr. David Meyer, Resident on Virginia Avenue: . Said that his home is located at 45 degrees from the site. . Stated that this is a heavily traveled street. . Questioned how old are the traffic counts provided. . Said that traffic travels fast and it is hard to back out of his driveway. . Added that Greenhill Manor, a convalescent home, is next door. . Opined that the 1972 permit is irrelevant today. . Said that this applicant made no effort to reach out to the community. . Said that traffic is crazy between 4 p.m. and 7 p.m. and increasing that could have an adverse impact on property values. . Declared himself to be 100 percent opposed to this Use Permit. Ms. Loretta Meyer, Resident on Virginia Avenue: . Offered a background on Virginia. It has two churches, one senior facilit ,two local parks (John D. Morgan and a small neighborhood park), and three top signs. There is high foot traffic. There are no 25 mile per hour (mph) signs pai ted on the street although they used to be there. There are 25 mph signs. . Said that Virginia Avenue is a high traffic area. . Added that drivers drive unsafely as if it were a race track. They don't top at stop signs and drive at least 35 mph. . Said that this proposed day care would add 30 more cars to the mix. Campbell Planning Commission Minutes for April 22, 2008 Page 25 · Advised that there are seven registered sex offenders in the immediate rea. · Added that her young daughter is not allowed to play outside. · Agreed that she was aware there was a church when she move into this neighborhood and expected their activity to be limited to Sundays. S e was also prepared for the senior facility. However, she will not support a day car due to the negative impact on herself, her family and Campbell. Ms. Linda Dimmers, Resident on Christopher Avenue: · Agreed that there would be traffic impacts as a result of the sed traffic brought about by this new day care facility. · Said that she is very upset about the idea of increased traffic. · Added that noise will have even more of an impact. . Advised that she lives behind the previous speakers. · Concluded that she would like to keep this neighborhood quiet inste d of being disturbed all day long. Mr. Eric Kossob, Resident on Bucknall Avenue: . Said that he has the same concerns. · Questioned the available square footage per child. In 1972 the requi ed amount was 32 square feet per child. The proposed floor plan shows three clas rooms with about 400 square feet each. · Added that he cannot imagine a rainy day when children would not be able to go outside. · Suggested that the requirements for a day care facility be revisited. . Explained that his wife is a teacher. · Added that he has compassion for the church that is trying to help peopl out. Chair Roseberry closed the Public Hearing for Agenda Item NO.7. Commissioner Ebner: . Said that the comments that he is hearing tonight are typical. . Agreed that Campbell has traffic problems everywhere and new uses compound that problem. That is the way things are today. . Reported that he lives on a street adjacent to the Campbell Commu ity Center (former Campbell High School) near the bleachers. There is spillover parking on his street when bigger events occur there. . Stated that he is sympathetic with traffic problems. Commissioner Gibbons: . Said that this is a good evening for community participation and ialog with neighbors. . Advised that typically a day care's allowed number of students is dictat d by State law. . Added that with this Use Permit this day care could have no more than 3 children. Campbell Planning Commission Minutes for April 22, 2008 Page 26 · Reported that in the past, day care facilities have been required to have traffic management plans including how cars will come onto the site. It c uld require parents to park and walk their children into the school. · Said that speakers did an excellent job giving this Commission a conte t about the general character of the whole street including its traffic problems. · Expressed a concern with the proposed circular driveway. · Informed that several members of this Commission also live near school · Said that some of the issues raised about traffic patterns and problem should be reported to the Campbell Police Department. It is a good Police Dep rtment and residents should feel free to contact them. · Stated that the day care could be required to install a solid fence to nclose the play yard and help block off noise. · Suggested that this is not a well thought out project. While it might be e sy to have it approved on a superficial basis, the character of the neighborhood has to be taken under consideration. · Stated that the number of students, traffic patterns and play are could be controlled but she is not sure that would do it for her. · Said that the traffic impact complicates the general activity on that sit Traffic is too much. The play area is not well thought out or controlled. · Concluded that she cannot support this application at this point. Commissioner Gairaud: · Advised that his biggest concern is the circular driveway. · Said that there would be parking on the street and this would make i even less desirable to have children in that area. · Said that he would have liked an opportunity to question the applicant. · Expressed concern about the narrow driveway. Commissioner Ebner asked to have the applicant come up. Chair Roseberry: · Said that he agrees with much of what Commissioner Gibbons said. · Cautioned that some of the concerns don't relate specifically to this proje t. · Assured that the Police want to be called if there are traffic and safety is ues. They do listen. · Advised those in attendance that the members of this Commission all live in Campbell. They volunteer their time as members of the Planning Comm ssion. · Added that as a Commission they deal with growth issues that Campb II has, the growing pains. · Reiterated that many of the existing concerns are not tied to anyone project but rather growth in general in the City of Campbell. · Pointed out that blocking a route in one place ends up with the impa ted traffic simply diverting to another street. · Said that projects cannot be held hostage to pre-existing conditions. · Said that this location offers a decent size lot and is bounded by ostly non- residential uses including the Water Works, drainage and the senior facili y. Campbell Planning Commission Minutes for April 22, 2008 Page 27 · Added that the lot is narrow and difficult to come in and out of but th t a solution can be found. · Agreed that a traffic management plan would be appropriate that inclu es rules for the drop off and pick up of children. · Assured that parents will listen to those requirements. Commissioner Ebner: · Stated that he is glad that the neighbors came tonight to discuss their c ncerns. · Added that this neighborhood is not alone in its suffering. Many neigh orhoods are being impacted with growing traffic. · Agreed that there is a concern over the proposed circular driveway. . Suggested the need for some sort of traffic study. · Stressed the importance of protecting kids as well as keeping neighbors content. · Asked Mr. Yousuf Hamid if he had taken the issue of dropping off hildren into account when planning this site for his day care. Mr. Yousuf Hamid, Applicant's Representative: · Explained that his architect recommended the circular driveway b t if it is of concern it could be removed. · Reported that he and his wife have been in the day care business for 1 years. · Assured that he is not here to do damage to this neighborhood. The are here to service the community and educate children. · Added that he understands the neighbors' concerns about their neighb rhood. He shares their concerns. . Said that he would operate a day care/pre-school for 30 children. · Advised that the children have staggered drop off times that are spread out throughout the day. · Stated that there are 28 parking spaces on site and there should e no traffic impact as there would likely be no more than three or four cars arriving t any time. · Reported that the children in his day care are not allowed to scream un ecessarily. · Pointed out that the play area is a good distance away from mos residential neighbors. · Added that not all 30 kids would be using the play area at the same ime. There will be three classes and 10 children at a time would be in the play area for recess. . Assured that it is not difficult to manage this. · Promised that he would not be a bad neighbor, saying that he and his ife are easy to work with and responsible. They are willing to work with neighbors. · Reiterated that they are not there to change the character of this neig borhood to meet their standards but rather want to help keep the neighborhood as i is. · Stated that it is clear that there are existing bad driving habits. He di not create that situation and will work with his students' parents to make sure the do not add to any existing problems. . Said again that he can work out issues with these neighbors. Campbell Planning Commission Minutes for April 22, 2008 Page 28 · Stated that providing the best education possible for children is n bad for a neighborhood. . Added that 20 to 30 percent of the children are from the same family. These sibling groups would again reduce the traffic coming on site. . Said that should there ever be danger of the creek behind overflowing they would have staff available to ensure the safety of their students. · Said that he and his wife love children and are the parents of three of th ir own. . Stated that day care is not an easy business. · Said again that they are not trying to destroy the neighborhood and th neighbors could always come to them with their concerns. Commissioner Gibbons asked Mr. Yousuf Hamid if he was willing to conduct a neighborhood meeting. Mr. Yousuf Hamid replied sure, anything to help. Commissioner Gibbons asked Mr. Yousuf Hamid where his current loc tion is right now. Mr. Yousuf Hamid said that they are at 229 Budd Avenue. Commissioner Gibbons asked Mr. Yousuf Hamid the ages of his current st dents. Mr. Yousuf Hamid said that they range in age from one to five years of a e and there are after school kids who are helped with their homework. Commissioner Gibbons asked why the need to open at 6 a.m. Mr. Yousuf Hamid said that the 6 a.m. start time is a worse case sce ario. Most students come after 7 a.m. and leave by 6 p.m. The added hours are in he event of an emergency where parents must leave for work early or come pick up t eir children later than usual. Commissioner Gibbons related to Mr. Yousuf Hamid a great success st ry that was the establishment of a Montessouri School on Latimer Avenue. T ere was a significant challenge by surrounding residents when this Use Permit was processed. In response they developed a traffic plan. She asked Mr. Yousuf Hamid if e would be able to implement such a traffic plan. Mr. Yousuf Hamid said that he is open to not offend his neighbors and re terated that the number of cars would be small at any given time. Commissioner Gibbons said that if the recommendation were to be against the circular driveway, perhaps instead there can be a right turn only configuration wit right turns onto the site and right turns off the site only. Mr. Yousuf Hamid said sure. Campbell Planning Commission Minutes for April 22, 2008 Commissioner Gibbons asked if there would be play equipment proposed. Page 29 Mr. Yousuf Hamid said no large play structures that overlook neig bors were proposed. Commissioner Gibbons asked Mr. Yousuf Hamid if he supports the concept of a solid fence across the front to control noise. Mr. Yousuf Hamid said he could consider that request. He said that he ha a picture to show to the Commission the distance of the play area from the residential eighbors. Commissioner Gibbons asked Mr. Yousuf Hamid if he could start with 10 udents and see how that works first before expanding to more students. Mr. Yousuf Hamid said that he could not afford the space to serve just 10 s udents. Commissioner Gibbons said that she understands but that it would be one way of introducing this use into this neighborhood. Mr. Yousuf Hamid said that it would be very difficult and the lease cost ould not be covered. Commissioner Gairaud asked Mr. Yousuf Hamid how many students he has at this time. Mr. Yousuf Hamid replied 14. Commissioner Gairaud asked Mr. Yousuf Hamid if he ever takes the chil ren over to use John D. Morgan Park or do they stay on the premises. Mr. Yousuf Hamid said that they stay on site. Commissioner Gairaud verified from Mr. Yousuf Hamid that he is leasing space from the church but is not a part of the church. Mr. Yousuf Hamid replied yes. Chair Roseberry re-closed the Public Hearing for Agenda Item NO.7. Chair Roseberry: I . Stated that there are pluses and minuses. I · Said that the Commission needs to be careful that it does not blame ex~sting ills on this project. i · Reminded that this property has a P-F (Public Facilities) zoning designation. . Added that with the relatively young age of these children, they are less mobile. Campbell Planning Commission Minutes for April 22, 2008 Page 30 · Said that there is a need to nail down a traffic management plan for thi~ school and one option might be to have northbound on Virginia only with right turnsl in and right turns out. · Said that the safety of the children is of primary concern. Commissioner Ebner: · Reminded that sibling groups reduce the number of cars that need to fome to this school as does the staggered arrival times and departure times. ! · Said that the fact that it creates some traffic is a moot point. · Agreed that the creation of a right turn only traffic pattern, disallowing Idrop offs at the curb and provision of enough parking spaces to park and walk stud~nts to class would be beneficial. · Added that the student recess times would be split into three small groups. Commissioner Gairaud: . · Said that he has been involved recently in the drop off and pick up lof children. Drop off is not a problem. Pick up is more so. · Agreed that a right turn only configuration might alleviate some problems but said he feels many parents will simply park on Virginia and cross the stre~t with their children. Chair Roseberry said that the rules can be pretty well enforced. Commissioner Gairaud said that they would park on the opposite side of Ithe street if they need to go west. I Commissioner Gibbons: · Said that parent participation would be necessary to make it work. · Added that she cannot support this request with the information a'.(ailable this evening. · Expressed support for a continuance with the requirements to provide: o A clear traffic management plan. o Consider opening at 7 a.m. rather than 6 a.m. o Refining the operational plan. o Clarify the students' ages. o Clarify the sibling groups. o More clear design for the play area. o Identify the number of children out to play at any given time. . Reiterated the need for a clear operational plan, a definition of the student population, a written traffic plan, and an agreement for parents to sign. . Pointed out that the Use Permit goes with the property and not the operator. . Said that is a sensitive point of Use Permits. · Suggested a time limit as well as a limit of extraneous events the church can have. . Added that the church should also close its doors when they are having music. . Said she does not want to say no but cannot yet say yes to this. Campbell Planning Commission Minutes for April 22, 2008 Page 31 Chair Roseberry re-opened the Public Hearing for Item NO.7. Mr. Mehran Zargari reminded the Commission that so many of the neightl>ors oppose this use. Added that it is the fourth operation on this one site. It results in so much noise, traffic and population. Mr. David Meyer: · Said that comparing this day care with the Montessori on Latimer is like comparing apples and oranges. That school is in a high-density residential area. . Reminded that Greenhill Manor is a commercial enterprise. · Suggested that the neighbors are being patronized here. . Added that this day care is also a business enterprise. . Said that he is not blaming this business for existing traffic. He is trying to keep that traffic from getting worse. Chair Roseberry asked Mr. Yousuf Hamid if he is agreeable to a continuanCe. Mr. Yousuf Hamid asked how long. Acting Director Jackie C. Young Lind said four weeks to May 27,2008. Mr. Yousuf Hamid agreed. Motion: Upon motion of Commissioner Gairaud seconded by COl11missioner Gibbons, the Planning Commission CONTINUED CONSliDERATION TO ITS MEETING OF MAY 27,2008, a request for a Conditional Use Permit (PLN2008-17) to establish a new day care facility serving up to 30 children consisting of 1,541 square feet of an existing church building on property owned by Campbell Community Church of God of Prophecy located at 250 Virginia Avenue. (4-0-3; Commissioners Alderete, Doorley and Rocha were absent) Chair Roseberry asked staff to clarify the direction for the applicant. Acting Director Jackie C. Young Lind listed the following: prepare a traffic management plan; provide student population statistics; provide a more detailed operational plan; provide a playground plan and operational plan; outreach to the neighbors; preparation of a parent agreement and provide clarification of the church activities. *** 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: Campbell Planning Commission Minutes for April 22, 2008 Page 31 Mr. Mehran Zargari reminded the Commission that so many of the neighbors oppose this use. Added that it is the fourth operation on this one site. It results in so much noise, traffic and population. Mr. David Meyer: · Said that comparing this day care with the Montessori on Latimer is like comparing apples and oranges. That school is in a high-density residential area. · Reminded that Greenhill Manor is a commercial enterprise. · Suggested that the neighbors are being patronized here. · Added that this day care is also a business enterprise. · Said that he is not blaming this business for existing traffic. He is trying to keep that traffic from getting worse. Chair Roseberry asked Mr. Merat Ayalew if he is agreeable to a continuance. Mr. Merat Ayalew asked how long. Acting Director Jackie C. Young Lind said four weeks to May 27,2008. Mr. Merat Ayalew agreed. Motion: Upon motion of Commissioner Gairaud seconded by Commissioner Gibbons, the Planning Commission CONTINUED CONSIDERATION TO ITS MEETING OF MAY 27, 2008, a request for a Conditional Use Permit (PLN2008-17) to establish a new day care facility serving up to 30 children consisting of 1,541 square feet of an existing church building on property owned by Campbell Community Church of God of Prophecy located at 250 Virginia Avenue. (4-0-3; Commissioners Alderete, Doorley and Rocha were absent) Chair Roseberry asked staff to clarify the direction for the applicant. Acting Director Jackie C. Young Lind listed the following: prepare a traffic management plan; provide student population statistics; provide a more detailed operational plan; provide a playground plan and operational plan; outreach to the neighbors; preparation of a parent agreement and provide clarification of the church activities. *** 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 April 15, 2008, Council gave second reading of both the Ordinance on public assembly and health and fitness uses in industrial zoning Campbell Planning Commission Minutes for April 22, 2008 Page 32 districts and the Density Bonus Ordinance. Council also announced the City's final certification as a Green Business. · Advised that Council has sent back the mixed-use development at Winchester and EI Caminito to the Planning Commission for consideration of a revised two-story design. · Said that Council proclaimed the month of Mayas Historic Preservation Month. · Stated that on May 13, 2008, the Planning Commission agenda will include two items: a residential addition on Kenneth and the return of the proposed town home development on Union. ADJOURNMENT The Planning Commission meeting adjourned at 11 :10 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of May 13, 2008. SUBMITTED BY: APPROVED BY: ~ ~j....~ Bob Roseberry ~;tJ ATTEST: ~'V'I~nl ~tQJm';;' ~~ft Secretary