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PC Min - 05/27/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MAY 27,2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 27, 2008, was called to order at 7:34 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Roseberry and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Bob Roseberry Mark Ebner Bob Alderete George Doorley Gary Gairaud Elizabeth Gibbons Michael Rocha Commissioners Absent: None Staff Present: Acting Director: Senior Planner: Assistant Planner: Planning Intern: Traffic Engineer: City Attorney: Recording Secretary: Jackie C. Young Lind Tim J. Haley Steve Prosser Tina Kim Matthew Jue William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Ebner, the Planning Commission minutes of the meeting of April 22, 2008, were approved as submitted. (4-0-0-3; Commissioners Alderete, Doorley and Rocha abstained) Campbell Planning Commission Minutes for May 27, 2008 Page 2 Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission minutes of the meeting of May 13, 2008, were approved as submitted. (6-0-0-1; Commissioner Gibbons abstained) COMMUNICATIONS 1. Desk Item for Agenda Item NO.2 - Site plan with bulb out. 2. Desk Item for Agenda Item NO.3 - Additional information re Day Care. 3. Desk Item for Agenda Item NO.4 - Revised project sheets for CIP 2009-2013. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. SPECIAL PRESENTATION Acting Director Jackie C. Young Lind presented a Resolution of Acknowledgement and Recognition to Intern Tina Kim with the following comments: . Advised that San Jose State University student, Tina Kim, served as a spring 2008 Intern, working 188 hours between January and May, 2008. · Describe some of the projects Tina Kim participated in from a Site and Architectural Review Permit for a new 8,000 square foot commercial building to providing counter assistance. . Reported that Tina Kim will be interning in Palo Alto this summer in advance planning. . Expressed appreciation to Tina Kim for her work. PUBLIC HEARINGS Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. PLN2008-46 Nguyen, T. Public Hearing to consider the application of Yenpang Lin and Weichia Chen for a Site and Architectural Review Permit (PLN2008-46) to allow a the construction of a new two-story single-family residence on property owned by Yenpang Lin and Weichia Chen located at 1438 York Avenue in an R-1-9 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Staff Planner: Steve Prosser, Assistant Planner Campbell Planning Commission Minutes for May 27, 2008 Page 3 Mr. Steve Prosser, Assistant Planner, presented the staff report as follows: . Advised that the applicant is seeking Site and Architectural Review Permit approval to allow the demolition of an existing single story residence and construction of a new two-story single-family residence. . Described the site as being on the east side of York Avenue between Pollard and Walters. It is surrounded on all sides by residential uses. The zoning is R-1-9 and the General Plan land use designation is Low Density Residential. The site is subject to requirements of the San Tomas Area Neighborhood Plan. . Said that the site is 9,800 square feet. The proposed FAR is .4 where .45 is allowed. The building coverage is .29 where .45 is allowed. . Informed that nine trees will be preserved. . Said that because of a substandard lot width, the side yard setbacks for this parcel are those of the R-1-6 zoning or five feet or half the wall height. . Stated that the proposed home incorporates simple hip roof forms, stucco, cobblestone accents and composition shingle roofing. . Reported that the project was reviewed by SARC on May 13, 2008, and the requested changes have been incorporated into the Conditions of Approval. . Said that this application is Categorically Exempt under CEQA. . Recommended the adoption of a Resolution approving this request and advised that the applicant is available this evening. Commissioner Doorley asked staff to clarify the provision of parking. There are four spaces provided and two required. Planner Steve Prosser replied correct. Commissioner Ebner presented the Site and Architectural Review Committee comments as follows: . SARC reviewed this project at its meeting on May 13, 2008. . Reported that SARC requested use of obscured glass for the second story bath windows, use of a carriage style garage door and inclusion of architectural details. . Added that the trim details will be incorporated into the Building submittal. . Said that SARC also asked the applicant to contact adjacent residences regarding any potential privacy concerns. Commissioner Alderete asked about the notification of neighbors. He asked if SARC request #3 has been met. Planner Steve Prosser said that it was inadvertently left out of Condition 2 that should be modified to refer to the detail sheet. Chair Roseberry opened the Public Hearing for Agenda Item NO.1. Mr. Paul Tuttle, Resident on York Avenue: Campbell Planning Commission Minutes for May 27,2008 Page 4 · Advised that he lives next door to the project site and that he is happy with the design as their rooms do not look into his living space. · Asked that some pest control be done during demolition as structures on the site have been left open and are likely infested with rodents. Chair Roseberry said that this was a good suggestion. Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Commissioner Alderete said that he is supportive of this request with the added recommendation by the neighbor for vector control of the site before construction begins. Commissioner Gibbons had questions about finish floor versus site grade and proposed site drainage via an infiltration drain. She added that she is not aware if the City allows that as a solution. Acting Director Jackie C. Young Lind pointed to Sheet C-1 that is the grading and drainage plan. On the north property line, runoff is directed toward the street with a swale to the rear of the site with an infiltration trench. This plan has been reviewed by Public Works. Commissioner Gibbons said that she thought all drainage is supposed to be directed off site to storm drains. Acting Director Jackie C. Young Lind reiterated that Public Works reviews drainage plans and this plan was reviewed for consistency. She offered to talk with Public Works to verify the effectiveness of the proposed site drainage with City requirements. Motion: NOES: ABSENT: ABSTAIN: Upon motion of Commissioner Rocha, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3889 granting a Site and Architectural Review Permit (PLN2008-46) to allow a the construction of a new two-story single-family residence on property owned by Yenpang Un and Weichia Chen located at 1438 York Avenue, with the following added conditions: · Add a condition to provide vector abatement prior to demolition and construction; and · Add SARC bullet #3 to Condition of Approval #2; by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons and Rocha and Roseberry None None None Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Campbell Planning Commission Minutes for May 27, 2008 Page 5 *** Chair Roseberry read Agenda Item NO.2 into the record as follows: 2. PLN2007-113 Fulton, J. Public Hearing to consider the application of Mr. Jim Fulton, on behalf of Lexmar Development, for a Planned Development Permit (PLN2007-113) to allow the construction of a two-story mixed-use building with 6,879 square feet of commercial retail space and five apartments on property owned by Lexmar Development located at 2295 & 2305 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: June 17, 2008. Project Planner: Tim J. Haley, Senior Planner Mr. Tim J. Haley, Senior Planner, presented the staff report as follows: · Reported that this item was before the Commission on March 25, 2008, and consisted of a three-story concept that included nine apartments over commercial retail space. · Said that the project was forwarded to Council with a recommendation of denial. · Added that the applicant revisited their plan and proposed to reduce it to a two- story structure with retail over five apartment units. At its meeting on April 15, 2008, Council directed the applicant to return to the Planning Commission with their revised plan. . Advised that the reduction in apartment units eliminates the need for shared parking. The required residential/retail parking can be accommodated on site. · Said that changes include the adjusted location of the stairwell and the relocation of the trash enclosure to a more level portion of the parking area. · Informed that the applicant held a neighborhood meeting to show the revised proposal at which between 20 and 25 residents attended. · Said that the two-story building provides 46 parking spaces, 24 in the garage and 22 surface spaces to the rear. The building layout is similar to the original. . Reminded that the Winchester Plan is still under discussion by the City. . Said that the site zoning is P-D (Planned Development) and the underlying General Plan land use designation is Central Commercial. . Said that along the street frontage is a 10-foot setback. Rear parking provides a setback for the residents to the west. . Stated that restrictions on the driveway will discourage left turns off the site. . Said that parking demand/trips have been reduced with the smaller project. The traffic report prepared was for a more intense development of this site and it was determined that there would be no significant impact. . Said that correspondence from neighbors asks for additional measures in the street right-of-way. . Cautioned that use of speed bumps and/or road closures are not considered acceptable solutions per the City plan. Campbell Planning Commission Minutes for May 27, 2008 Page 6 · Said that restrictions can be imposed on delivery hours. · Said that on-street parking per the Winchester plan would be permitted. · Reported that SARC reviewed this project on May 13, 2008. · Recommended the adoption of a resolution recommending that Council approve this Planned Development Permit to allow the construction of this revised mixed- use development with five apartments over retail. · Stated that the project is Categorically Exempt under CEQA for infill projects. · Reminded that a desk item was distributed this evening with the proposed bulb out. Commissioner Gibbons asked about the mix of parking sizes between standard and compact. She said that she sees four standard and 16 compact spaces. Acting Director Jackie C. Young Lind said that there are four accessible spaces, 26 standard and 16 compact. Commissioner Gibbons asked if the garage spaces are standard in size. Planner Tim J. Haley advised that the majority of the spaces in the garage are standard. Commissioner Gibbons said that additional information would be required for the wall with ramp. Commissioner Ebner presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on May 13, 2008, and was supportive with the reduced height and no need for shared parking. Chair Roseberry opened the Public Hearing for Agenda Item No.2. Mr. Ray Russo, Jr., Owner, 2325 S. Winchester: · Explained that he owns the strip center located next door, to the south of the project site. · Asked how far from his driveway on-street parking would be allowed along Winchester. He asked if there would be a restriction on length of time a car can be parked here. · Suggested that all day parking be prohibited due to the close proximity of the VT A Light Rail station. · Asked that the directional signage leading to parking for this development be visible from both the north and south when traveling on Winchester and/or EI Caminito. · Expressed a concern that people coming to this new development might end up parking on his site and walking over. · Asked if the storm catch basin would tie into the storm drain. He advised that he just has a bubbler at Budd. · Added that the plan shows a tree at the property line where there is already a high power utility pole. He said he would prefer that a tree not be located right there. Campbell Planning Commission Minutes for May 27, 2008 Page 7 . Stated that he does not want to see visibility blocked for those leaving his parking lot. . Asked if the power pole located on the southeast portion of the site would be removed. It is located 30 feet from the face of curb. Is it staying or will it be undergrounded. · Advised that he was late to be aware of this project as his tenants were notified but did not notify him. Ms. Lee Ann Kuntz, Resident on EI Caminito: · Said that she can recognize that the developer compromised on the scale of this project. . Said that neighbors are still concerned about having a single point of access to this site coming off of EI Caminito. . Expressed disappointment that the City is not preserving the neighborhood and is hoping for a solution to help preserve the safety and neighborhood they have today. Mr. Danny Thomas, Resident on EI Caminito: . Said that they are hoping for a successful project but that they (nearby residents) would have to sacrifice. . Said that having just one driveway, with all traffic including deliveries coming off of Winchester and onto EI Caminito will require three-point turns for trucks making deliveries onto the site. . Added that it would be easier for these delivery trucks to come down EI Caminito and there could be some traffic problems because of that. . Pointed out that there are six commercial driveways at the existing site so how is it possible the new project uses just one. Mr. John Meduri, Resident on EI Caminito: . Asked for clarification that the underground parking spaces are standard in size. Planner Tim J. Haley advised that the spaces in the garage are standard. The issue raised by Commissioner Gibbons was surface parking and use of compact spaces there. Mr. Jim Fulton, Project Representative for Lexmar Development: . Advised that if there is a utility pole where a tree is proposed, that tree would have to be relocated. . Explained that a bond for future undergrounding of utilities would be imposed. Planner Tim J. Haley said that Public Works has two options on the issue of undergrounding. The first is to underground all utilities. The other is to create a District and impose a bond for that undergrounding to occur within the next seven years. Public Works will also analyze the street tree locations. Chair Roseberry asked about signs. Campbell Planning Commission Minutes for May 27, 2008 Page 8 Acting Director Jackie C. Young Lind said that signs are not part of this application and any new sign requires application. She added that the storm drains are connected to the sewer. Commissioner Gibbons asked about a railing or fence for the top of the wall. Mr. Jim Fulton said that there would be a 24-inch guardrail. Commissioner Gibbons asked if this should be clarified in the conditions of approval. Acting Director Jackie C. Young Lind said that it is incorporated in Condition 2(b). Mr. Jim Fulton thanked everyone for their valuable input. They worked closely with staff and the neighbors. Chair Roseberry closed the Public Hearing for Agenda Item NO.2. Acting Director Jackie C. Young Lind advised that the City's Traffic Engineer confirmed that the proposed bulb out would accommodate street parking on Winchester but that no decision has been made as of yet as to whether parking would be time limited. Chair Roseberry asked the typical setback distance between street parking and driveway entrance. Mr. Matthew Jue, Traffic Engineer said that usually that is site specific based on traffic speeds as well as proximity to the next driveway. Commissioner Gibbons asked if there is a City or industry setback standards. Traffic Engineer Matthew Jue said that it is considered on a case-by-case basis and is designed at the time that street improvement plans are developed. Commissioner Gibbons asked if it is reasonable to establish a minimum setback from the adjacent parcel. Planner Tim J. Haley said that the Russo property is 20 feet to the south of this development's south property line. Chair Roseberry asked if this is determined by the City. Planner Tim J. Haley replied yes. Commissioner Gibbons asked when it might be determined if street parking would be allowed. Campbell Planning Commission Minutes for May 27,2008 Page 9 Chair Roseberrry said that it is part of the larger City plan for Winchester that is not yet finalized. Commissioner Gibbons: · Said that is unfortunate. · Opined that the bulb out is odd. . Suggested that Traffic Engineer Matthew Jue evaluate it. . Said that she has questions about traffic and neighborhood issues including policies for protecting neighborhoods. . Added that two issues impact EI Caminito. One is speed and another is cut through traffic from Kennedy. . Asked how a bulb out on the other side of EI Caminito might change and/or constrain traffic. Traffic Engineer Matthew Jue replied that the road would be narrower. Commissioner Gibbons: . Said that this bulb out might be the first step. It cannot be fully resolved until the other property is redeveloped. . Said that controlling speed works and is a positive step. . Advised that drive through traffic in this neighborhood is an issue. . Expressed support for bulbing out the other side (west) side of the drive to control drive through traffic even more. . Said that use of more substantive traffic control methods could be incorporated to help set precedent to help mitigate transition of traffic. Traffic Engineer Matthew Jue said that it can be considered. Commissioner Alderete asked that consideration be given to finding ways of trying to control the traffic westbound on Kennedy from slingshoting onto EI Caminito. Traffic Engineer Matthew Jue said that just making sure the arterial signalization is properly set might be good enough to resolve this. Commissioner Alderete suggested some physical barrier or device on the lane (Winchester) and/or signage on Kennedy that reads "No Right Turn." Traffic Engineer Matthew Jue cautioned that access must still be maintained for neighbors to get in and out. Commissioner Alderete stressed the need to deal with westbound traffic on Kennedy and controlling the area at Winchester and Kennedy. Traffic Engineer Matthew Jue said perhaps some kind of geometric change at the corner but more data is necessary to help determine how much of a problem it is. Campbell Planning Commission Minutes for May 27, 2008 Page 10 Commissioner Alderete suggested that it only takes one to be a problem and asked if Traffic Engineer Matthew Jue can suggest a way of preventing it altogether. Traffic Engineer Matthew Jue replied not off the top of his head. Commissioner Alderete: . Said that he supports Commissioner Gibbon's concept/thoughts on traffic control. . Suggested that it is time to get innovative. . Added that he is very much in favor of this building as this applicant has made major compromises. . Reminded that these traffic issues are existing ones. . Stressed the need to protect and preserve our neighborhoods. Chair Roseberry asked Commissioner Alderete if he has any specific suggestions. Commissioner Alderete: . Said that from a layman's standpoint, the bulb out would really help. . Pointed out that Winchester is a corridor that will be developed over the next several years. . Stressed the importance of letting the public know that the Commission is interested in taking advanced measures at traffic control. Chair Roseberry asked for a specific meas~re to advance. Commissioner Doorley reminded that Council did approve a bulb out at the other side of Winchester with the Merrill Gardens development. Commissioner Gibbons said that she not willing to put any other condition on this application. She suggested that the City study the possible configuration that either can be implemented now or provide a future easement if not. Planner Tim J. Haley said that the concept of a bulb out on the west side of the driveway is in the street right-of-way. How this property is improved is a Public Works issue. Commissioner Gibbons said that narrowing the street to one lane in either direction offers a physical element. She stated that should would like to see this studied as an option in the future and proposed a condition of approval to prepare a study as to whether the bulb out should go in now or in the future. Chair Roseberry re-opened the Public Hearing for Agenda Item No.2. Mr. Ray Russo, Jr., Owner on Winchester Boulevard: . Said that parking on Winchester is a City issue with the Traffic Department. . Added that the constraint would be whether to allow limited versus all day parking. Campbell Planning Commission Minutes for May 27,2008 Page 11 Chair Roseberry advised Mr. Ray Russo that the Commission does not have that power but rather Council does. Mr. Ray Russo said that right now there is no parking on Winchester. Would there be street parking on Winchester in the future? Chair Roseberry said that the concept is a possibility. Mr. Ray Russo said it appears he should stay in touch with the Traffic Department. Chair Roseberry replied yes. City Attorney William Seligmann cautioned that there would be no public noticing on the issue of street parking. For adoption of streetscape standards there would be noticing. Mr. Ray Russo asked about signs. Chair Roseberry said that the sign application package would be submitted at a later date. Planner Tim J. Haley clarified that there is a condition requiring a Master Sign Program, which would be submitted at a later date. Acting Director Jackie C. Young Lind said that the Winchester Boulevard Plan is being reviewed currently. There have already been two community meetings with another set for Thursday, May 29, at 7 p.m. Mr. Jim Fulton, Project Applicant, said his question is how long the study session process takes. Commissioner Gibbons assured that it is not her intent to hold up this project. Chair Roseberry closed the Public Hearing for Agenda Item No.2. Commissioner Gibbons said that she would be willing to reduce parking by two stalls to have wider width parking spaces. She asked if there is a standard for trash enclosures and if they are appropriate for today's recycling needs. Acting Director Jackie C. Young Lind said that this could be reviewed with the City's new collector. Commissioner Gibbons suggested a condition to require the review of the trash enclosure. Acting Director Jackie C. Young Lind agreed. Campbell Planning Commission Minutes for May 27,2008 Page 12 Commissioner Alderete: · Questioned Condition 2 and which documents are approved as part of this application as well as questioning the terminology "substantially conform." . Asked that the sheet distributed with the bulb out be incorporated as well as the architectural details shown on Sheets A4.1 and A4.2 so they are not lost in the build out of this property. Acting Director Jackie C. Young Lind: . Said that Condition 2B was added as a standard condition because staff was seeing a loss of some detail so stronger language was developed. . Added that final detail plans show moldings, tile and insets. Commissioner Alderete said that details go a long way in making architecture blend into the community. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3890 recommending approval of a Planned Development Permit (PLN2007 -113) to allow the construction of a two-story mixed-use building with 6,879 square feet of commercial retail space and five apartments on property owned by Lexmar Development located at 2295 & 2305 S. Winchester Boulevard, with the following amendments to the Conditions of Approval: . Add the plan sheet with the bulb out; . The trash enclosure size and configuration subject to review by the Community Development Director based upon the requirements of the City's trash collector; and . Study the possibility for an additional bulb out at the west edge of the driveway but not delaying this project approval; by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Roseberry advised that this item would be considered by City Council for final action on June 17, 2008. *** Chair Roseberry read Agenda Item NO.3 into the record as follows: Campbell Planning Commission Minutes for May 27, 2008 Page 13 3. PLN2008-17 Ayalew, M. Continued Public Hearing (from the Planning Commission meeting of April 22, 2008) 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 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 in a P-F (Public Facilities) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Staff Planner: Steve Prosser, Assistant Planner Mr. Steve Prosser, Assistant Planner, presented the staff report as follows: . Reported that on April 22, 2008, the Planning Commission held a public hearing to consider a Use Permit for a day care facility serving 30 children. . Added that at this hearing issues were identified and the item was continued so the applicant could compile the information requested. . Said that the applicant has since provided the information requested including more details on the proposed outdoor play area, the ages of the children served, a sample daily schedule, the required square footage per child, a sample parent contract and a list of church activities. . Recommended that the Commission incorporate the desk items into the conditions of approval. . Pointed out that the desk item also contains one e-mail received in opposition of this use. . Reiterated that the request is for a Use Permit to establish a commercial pre-school to serve 30 children within an existing church building. . Said that the proposal is consistent with the General Plan and P-F (Public Facilities) zoning designation with the issuance of a Use Permit. . Reminded that there are no exterior changes proposed. Operational hours are between 6 a.m. and 6 p.m. . Said that 38 parking spaces are required to serve this site and 28 spaces are provided. Parking required for this proposed day care includes one space per employee and one space for every five children or 11 spaces in total. The parsonage also has parking. . Added that no church activities would occur when school is in session. . Advised that the City's Traffic Engineer has found there to be a less than significant impact on traffic. . Said that no SARC review was required. . Recommended that the Commission find this application to be Categorically Exempt under CEQA and that a resolution be adopted approving this Conditional Use Permit. Campbell Planning Commission Minutes for May 27, 2008 Page 14 . Reported that the applicant has removed the initially proposed after school care component from their proposed use as a result of neighbors' traffic impact concerns. Commissioner Gibbons asked about the difference between pre-school and day care parking standards. Planner Steve Prosser replied that they are the same. Commissioner Gibbons reminded that the Montessori school application on Latimer was a good example of a complete package. She asked if a copy was made available to this applicant. Planner Steve Prosser replied yes. Commissioner Gairaud asked if the turnout in the front was still proposed since all drop off and pick up is to occur at the rear of the church. Planner Steve Prosser said that the turnaround has been removed on the new site plan. Chair Roseberry opened the Public Hearing for Agenda Item No.3. Mr. Tommy Stroup, Pastor, Campbell Community Church of God of Prophecy: . Said he is here today to discuss neighbor complaints. . Pointed out that although the neighborhood petition states there is a significant traffic and noise impact from their site that is not so. . Assured that they have been sensitive to the neighborhood. . Pointed out that a day care is an asset to a community. . Advised that he has served as Pastor of this church community for 15 years and supports Yousuf Hamid and Merat Ayalew. . Said that there is no worship during the day care's hours of operation. . Said that he is available for questions and is the landlord. Mr. Mehran Zargari, Resident on Virginia: . Declared his opposition to this project categorically. . Said that there will be traffic impacts with the pick up and drop off of children. . Added that the community meeting did not resolve anything. . Urged denial of this Use Permit. Mr. David Meyer, Resident on Virginia Avenue: . Thanked Commissioner Alderete for his refreshing comments about protecting neighbors. . Expressed his appreciation for the new stop sign. . Said that he is glad to see Pastor Stroub but added that the person who owns the property is the landlord not Mr. Stroub. Campbell Planning Commission Minutes for May 27,2008 Page 15 · Reminded that a Use Permit for a day care facility serving 30 children runs with the property. . Reported that no new information was provided by the applicant at the neighborhood meeting. · Added that when questioned about his financial ability, Mr. Hamid was not forthcoming. . Stated that he is still 100 percent opposed. . Pointed out that arrivals and departures would occur during peak traffic hours. . Said that this school is not the same situation as the Montessori on Latimer Avenue where there is mostly high density residential. Mr. Eric Kossob, Resident on Bucknall Avenue: · Said that there is 1,000 square feet of classroom area but lots of missing dimensions on the site plan. · Said that there is one classroom at 13 feet by 24 feet, which equals about 300 square feet. For classroom 1, they are adding two bathrooms with walls that will create a hallway. Another classroom is about 390 square feet and the last room is 10 feet by 10 feet or about 100 square feet. The total square footage of approximately 790 square feet divided by the required 35 square feet per student would serve only 22 students. . Reminded that the applicant has already said the school is not profitable without 30 students. · Stressed the need to make sure this applicant knows the maximum number of students allowed based on available square footage in classroom space. · Added that the square footage requirements don't include furniture. . Said it would be nice to see more detail before this application is moved forward. Ms. Jean Polio, Resident on Virginia: . Said that this seems like a large endeavor in a small area. · Reported that the parsonage is rented to a family with three children. . Said that she is glad that the turnout is gone. . Supported the need for landscaping and fencing to reduce noise impacts from the playground as well as having smaller groups in the play area at any time. . Asked that the proper State licensing be obtained if this use is approved. Mr. John Polio, Resident on Virginia: . Said he still is concerned and objects this application. . Added that this is not a good plan. . Said that there is a strong character in this neighborhood. . Questioned when does a neighborhood become compromised? . Pointed out that there are already three children playing and making noise on this property. . Expressed his thanks for the newly installed stop sign. Mr. Yousuf Hamid, Applicant's Spokesperson: Campbell Planning Commission Minutes for May 27, 2008 Page 16 · Clarified that his wife, Merat Ayalew, is the applicant and he is speaking on her behalf. . Said that he understands the noise and traffic concerns raised by the neighbors. · Explained that the reason his wife has selected this location is because there is enough indoor and outdoor space to serve its needs. · Pointed out that the playground would be 150 feet away from any neighbors. Trees, bushes and a wall will buffer noise as much as possible. · Reported that they held a neighborhood meeting and about seven neighbors attended. Noise and traffic were the major concerns raised by the neighbors. · Added that neighbors were also concerned about the potential that more children would be requested in the future. · Advised that one neighbor told him he was not open enough. He added that he was asked if he was wealthy, which he felt is not an appropriate issue but he assured that person that he had the necessary resources to prepare this location for this day care use. · Informed that they dropped the after-school program due to neighborhood concerns. They will have three classrooms with 10 children each. Ten children at a time would use the playground with an attendant supervising. This will be manageable. · Said that drop off would be staggered and consist of 20 cars in the a.m. and 20 in the p.m. With 20 car trips for staff and 40 for children, there are 60 cars spread out all day long. · Assured that there will not be a pile of cars blocking neighbors. . Said that while a lot of neighbors are concerned this is not a safe place, they are confident that it is safe. Commissioner Gibbons asked if they are licensed now. Mr. Yousuf Hamid said that they have a license for a small day care and will get a large day care license for this new location. Commissioner Gibbons asked about the age mix. Mr. Yousuf Hamid said between one and five years of age. Currently their students range between two and four years of age. There is no after school care but if there were the intended ages would have ranged between five and 12. Commissioner Gibbons asked Mr. Yousuf Hamid if he has researched the requirements for a large day care facility including age mix and square footage requirements per child. Mr. Yousuf Hamid said that between 10 and 12 children can be served by a single instructor. He added that an architect measured out the space and 1,050 square feet of space is required to serve 30 children and he is one hundred percent sure they are well above 1,050 square feet. Campbell Planning Commission Minutes for May 27, 2008 Page 17 Chair Roseberry asked Mr. Yousuf Hamid if he read the staff report and proposed conditions of approval. Is he committed to complying with those conditions? Does he have the power to comply with the conditions and make the changes necessary? Mr. Yousuf Hamid replied yes. He added that he is clear on what they can and cannot do. Chair Roseberry asked Mr. Yousuf Hamid if he can assure this Commission that the inoperable cars, camper, etc., stored on the property can be removed from the site. Mr. Yousuf Hamid replied yes. Mr. Bill Nelson, Resident on Bucknall Road, asked that the City ensure that all construction be done with permits by licensed contractors. Chair Roseberry agreed. Chair Roseberry closed the Public Hearing for Agenda Item No.3. Commissioner Gibbons: · Said that this project is a challenge. There are two sides to this and a lot of good intentions. . Added that this neighborhood community is challenged by the zoning. Public Facilities zoning allows this use. There is a distinct difference in zoning with residential zoning. . Reported that a Conditional Use Permit runs with the land. . Advised that after the last meeting she was contacted by a resident in the area who offered information on types and differences in child care facilities requirements, including square footage requirements per child, storage, play space, child fixtures, adult fixtures, etc. There is a requirement for one staff for every four children under the age of two. The standard is one staff for every five children under the age of five. . Said that she is challenged because this application is too incomplete in explaining how this location will be used. . Added that the Montessori school is a good example of such an application and sets a standard. She has not seen that yet from this applicant. . Stated that this neighborhood has a valid concern regarding too many uses on this site. . Reiterated her belief that the application package is incomplete so she cannot be supportive. Commissioner Doorley: . Said that the application does not seem fully fleshed out to him either. . Reported that he is a councilmember of his church's board that oversees the preschool and day school. . Pointed out that children can be loud. Campbell Planning Commission Minutes for May 27,2008 Page 18 . Cautioned that finding options for quality day care is incredibly taxing. . Reminded that this is a PF zoning district and there are not that many PF zoned properties in Campbell. . Reminded that this is a by-right use in the PF zoning district as long as it is clear that it can work in the proposed location. . Agreed that he would like to see greater completeness in this request since the use is tied to the property rather than the applicant. . Said that options include limited time duration for the Use Permit or set a review date. . Reiterated that he too would like to see the plan more fleshed out. Commissioner Ebner: . Questioned the space requirements per child and said it is not clear if the minimum space required is available. . Agreed that the zoning is correct but said that a lot of things remain unclear and a little vague. . Said he too would like to see a clearer plan, does not currently feel this use is right and cannot support it at this time. Commissioner Gairaud: . Said that this use is regulated and State minimums have to be achieved as well as other certifications. . Stated that this is a good use in this facility and has the correct zoning. . Said he understands that this is not a nice tidy package but it is meeting the needs that it has to. . Advised that he would support it. Commissioner Alderete: . Agreed that the Public Facilities zoning district is appropriate for this proposed use. . Added that he too feels this proposal is not fully fleshed out. . Stated that he would not support this request. Commissioner Rocha: . Said that he has no specific expertise in this area. . Stated that on the surface he has no strong feelings one way or the other. . Suggested that most neighbor concerns can be mitigated. . Added that more thought is needed. . Pointed out that if the Use Permit limits up to 30 children, any request to increase the number of students would come back to this Commission for evaluation. . Agreed that some holes in the application need to be filled. Chair Roseberry: . Agreed that the Public Facilities zoning is appropriate for a day care facility. . Said that there is always a question of interface when two differing zones are adjacent to one another. Campbell Planning Commission Minutes for May 27, 2008 Page 19 . Said that had the applicant known of the specific day care requirements he would be more comfortable. . Added that he would expect the applicant to know those numbers. . Said that he is not confident that all rules and requirements are completely thought out in the applicant's mind in order to go forward with this. Chair Roseberry re-opened the Public Hearing for Agenda Item No.3. Ms. Merat Ayalew, Applicant: . Explained that there are various staff versus student ratios based on ages. Chair Roseberry asked who the license holder here is. Ms. Merat Ayalew replied that she was the license holder. She is licensed as a Home Family Day Care for 14 children. Chair Roseberry asked if she would be obtaining a new license for this facility. Ms. Merat Ayalew replied yes and advised that she took a required class to prepare for this new license. Chair Roseberry asked Ms. Merat Ayalew when she would obtain that license. Ms. Merat Ayalew replied after the Use Permit is issued. Mr. Yousuf Hamid said that they would have three classrooms and five teachers on site. Chair Roseberry closed the Public Hearing for Agenda Item NO.3. Commissioner Gibbons advised that she would need help from staff and the City Attorney to revise the draft findings. City Attorney William Seligmann suggested, "The application is vague and incomplete in how this use would operate including issues such as play area, noise, traffic control, etc." Commissioner Gibbons mentioned sick room, food preparation, etc. City Attorney William Seligmann cautioned that those issues are under State jurisdiction rather City. He suggested adding "not" to the first conclusionary finding and deleting Finding 11. Commissioner Alderete pointed out that the applicant is not yet licensed for this type of day care. Campbell Planning Commission Minutes for May 27, 2008 Page 20 Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3891 denying 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, revising the findings to state that the application is vague and incomplete and striking Finding #11, by the following roll call vote: AYES: Alderete, Ebner, Gibbons and Rocha NOES: Doorley, Gairaud and Roseberry ABSENT: None 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: 4. CIP2009-2013 Staff Public Hearing to consider the City of Campbell's 2009-2013 Capital Improvement Plan for citywide projects. These projects are Categorically Exempt. Tentative City Council Meeting Date: June 17, 2008. Project Planner: Tim J. Haley, Senior Planner Mr. Tim J. Haley, Senior Planner, presented the staff report as follows: . Explained that each year a Capital Improvement Plan is prepared to deal with the acquisition and maintenance of public facilities, including City Hall, the Campbell Community Center and the City's parks. . Added that items costing more than $25,0000 must be included on the CIP. . Advised that the Planning Commission is asked to review the CIP for compliance with the City's General Plan. . Added that staff is recommending that the Commission forward a recommendation to Council to find these project within the CIP to be Categorically Exempt under CEQA. . Pointed out that the majority of projects in the CIP are maintenance of existing City facilities. There is one new item, a new park (Stanovich Park) on Union Avenue. . Reminded that three updated project descriptions were provided this evening as a desk item that reflected minor changes. Commissioner Ebner asked about the Orchard City Banquet Hall Renovation and questioned the inclusion of entry improvements. Planner Tim J. Haley explained that they are proposing an entry driveway with a covered drop off area. Campbell Planning Commission Minutes for May 27, 2008 Page 21 Commissioner Ebner asked if the entire site is classified as historical. Planner Tim J. Haley said that the City Council has not made specific decisions on designs aspect of that entry feature. He added that not all of the buildings on the Campbell Community Center site are historical. Commissioner Gibbons: . Said that she has comments on three items. . Commended the City on updating the ADA Transition Plan, saying it was great. . Said that her other questions are regarding the East Campbell Avenue Master Plan improvements and the Hamilton/Highway 17 off-ramp lane addition. She asked if this would be on the Kohl's or freeway side. Planner Tim J. Haley replied the Kohl's side where a right-of-way was provided. Commissioner Gibbons asked about the railings removed from the historic bridge. Planner Tim J. Haley said that the bridge would be reconstructed with a new railing. The elimination of the existing railing was approved by Council. Commissioner Gibbons said that she does not agree that the ECAMP can be considered Categorically Exempt. Commissioner Alderete said he agreed. City Attorney William Seligmann advised that Council has approved a Negative Declaration regarding the ECAMP that included the bridge element. He added that the Commission is asked to find the CIP projects to be consistent with the General Plan. Chair Roseberry opened the Public Hearing for Agenda Item NO.4. Chair Roseberry closed the Public Hearing for Agenda Item NO.4. Motion: Upon motion of Commissioner Gairaud, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3892 finding the City of Campbell's 2009-2013 Capital Improvement Plan for citywide projects to be consistent with the City's General Plan and the projects of the CIP to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Doorley, Gairaud, Rocha and Roseberry NOES: Alderete, Ebner and Gibbons ABSENT: None ABSTAIN: None Chair Roseberry advised that this item would be considered by Council at its meeting of June 17, 2008. Campbell Planning Commission Minutes for May 27,2008 Page 22 *** 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 at its meeting of May 20, 2008, Council approved a new Code Section regarding construction recycling, which represents another Green effort. . Advised that the next Planning agenda includes a request for a manual reader board sign for a church, the renovation of a senior housing development at 400 W. Rincon Avenue (Rincon Gardens) and the Text Amendments continued from May. ADJOURNMENT The Planning Commission meeting adjourned at 10:15 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of June 10, 2008. SUBMITTEDBY~ COrinne A. Shinn, Recording Secretary APPROVED BY: ~{, fJ~ Bob Roseberry, Chair ATTEST: