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PC Min - 04/14/2009CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 14, 2009 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 14, 2009, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Ebner and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Commissioners Absent: Staff Present: APPROVAL OF MINUTES Chair: Mark Ebner Vice Chair: Elizabeth Gibbons Commissioner: Bob Alderete Commissioner: Gary Gairaud Commissioner: Michael Rocha Commissioner: Theresa Alster Commissioner: Bob Roseberry Comm. Dev. Director: Kirk Heinrichs Interim Principal Planner: Ciddy Wordell Associate Planner: Steve Prosser City Attorney: William Seligmann Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Gairaud, the Planning Commission minutes of the meeting of March 24, 2009, were approved as submitted. (3-0-2-2; Commissioners Alster and Roseberry were absent and Commissioners Gibbons and Rocha abstained) COMMUNICATIONS Mr. Kirk Heinrichs, Community Development Director: • Introduced himself as the newly appointed Community Development Director. • Reminded that he has been with the City of Campbell as the Redevelopment Manager for 14 years. Campbell Planning Commission Minutes for April 14, 2009 Page 2 • Said that his Redevelopment Agency responsibilities are being incorporated into his new position as Community Development Director. The Redevelopment Manager position will not be refilled. • Expressed his excitement at the new challenges and responsibilities of his new position and said he was looking forward to working with the Planning Commission. • Explained that there are some operational and organizational changes underway to deal with budgetary constraints and efficiencies. • Added that as Community Development Director he would have less of a hands-on approach with planning issues and the Planning Commission. Instead the Principal Planner will be the liaison with both the Planning Commission and Historic Preservation Board. • Said that staff is in the process of putting together an updated job description including a change in title from Principal Planner to Planning Manager. Commissioner Alderete: • Stated that he was excited to have Kirk Heinrichs as the Community Development Director. • Added that he has known Kirk Heinrichs for a long time. • Said that he has questions about the role of Community Development Director itself. • Reminded that the Director's signature is on many documents resulting from the actions of the Planning Commission. • Said that he was wondering if Kirk Heinrichs was planning to continue the practice of signing all documents reflecting the actions of the Commission. Director Kirk Heinrichs: Said that initially he wants to see everything that goes on to see how the Department is working. Added that eventually, items going to the Planning Commission would be signed by the Planning Manager while items going on to Council would be signed by him. Assured the Commissioners that he would be both involved and familiar with all Planning projects. Commissioner Rocha: Pointed out that the Community Development Director has a number of powers and judgments assigned by the Planning Commission, a practice that has evolved over time and through a lot of hard work. Said he would hate to lose the effects of that hard work if the roles are changed. Director Kirk Heinrichs said that this was a point well taken. He assured the Commission that he was going to be involved and understand what is going on. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. Campbell Planning Commission Minutes for April 14, 2009 Page 3 ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Ebner read Agenda Item No. 1 into the record as follows: PLN2009-06(UP) Public Hearing to consider the application of Mr. Dennis PLN2009-11(TRP) Hood for a Site and Architectural Review Permit/Conditional Hood, D. Use Permit (PLN2009-06) to allow the construction of a new medical laboratory office building and the establishment of a medical use on site with 24-hour operation and a Tree Removal Permit (PLN2009-11) to allow the removal of six trees on property owned by Peninsula Histopathology Laboratory, Inc., located at 95 & 109 E. Hamilton Avenue in an P-O (Professional Office) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Stated that the applicant is seeking approval of a Site and Architectural Review Permit, Conditional Use Permit and Tree Removal Permit to allow the construction of a new medical lab building with 24-hour operation on two properties located at 95 & 109 E. Hamilton Avenue. • Explained that this is a 14,500 square foot property on the north side of E. Hamilton Avenue, between Winchester Boulevard and N. Central Avenue. • Described the surrounding uses as single-family residential to the north and west and commercial and office uses to the east and south. • Said that the site is currently developed with residential structures that would be removed. • Stated that the project requires the following entitlements: Conditional Use and Site and Architectural Review Permits to allow the construction of a new medical building, the establishment of a medical use within a P-O (Professional Office) zoning district and late night uses. Additionally, a Tree Removal Permit is necessary to allow the removal of one 30-inch redwood tree located in the rear of the lot in an area that provides both fire engine turnaround and access to the trash enclosure. • Reported that the Hamilton Avenue Boulevard treatment would be required that consists of a 10-foot landscape strip and 7-foot sidewalk. • Said that of the six existing redwoods on site, five would be retained while one would be removed. There is also one non-protected fruit tree. Campbell Planning Commission Minutes for April 14, 2009 Page 4 • Advised that the 30 percent landscape coverage exceeds the 12 percent minimum standard required in the P-O zoning district. • Recommended that Condition 18 be modified to require the planting of a sufficient number of trees in order to provide an adequate visual screening of the medical building at the time of tree maturity. • Described the site as consisting of 14,520 net square feet. The building coverage is 22 percent. Landscaping is 30 percent. Paving is 48 percent. The FAR is .31 where a maximum of .40 is allowed. The parking provided is 19 spaces where 23 are required. • Said that the P-O (Professional Office) zoning designation and General Plan land use designation of Professional Office allows a medical lab as a consistent use with issuance of a Conditional Use Permit. • Explained that the project design incorporates architectural details and elements of a modern two-story building with stucco and stone veneer, earth tone colors and a large amount of glazing to provide natural light. The second story is set back from the first story, which creates an exterior walkway and roof deck on the second floor. • Reiterated that that parking demand is 23 spaces where 19 are provided. He added that the Planning Commission has the authority to adjust the parking requirement for a specific use at a specific location to require either a greater or lesser number of parking spaces when it determines that circumstances warrant an adjustment. • Recommended that the Planning Commission approve a parking adjustment based on the unique characteristics of the proposed use, which is a medical lab with no patients on site, and based on the applicant's ability to retain protected mature trees with the proposed parking plan. • Suggested a condition of approval limiting uses on site to lab processing only and prohibiting the on-site collection of specimens and prohibiting patients and customers on site. • Corrected Finding #4 to accurately reflect the 19 parking spaces available. • Reported that SARC reviewed this request on March 24, 2009, and their revisions discussed have been incorporated into the plan and conditions of approval. • Recommended that the Commission find this project to be Categorically Exempt under CEQA and adopt a resolution approving this project as amended. Commissioner Gibbons asked if there had been any discussion about roof-mounted equipment. She added that there have been issues in the past about noise impacts due to 24-hour operation. Planner Steve Prosser replied no. He added that there is the standard condition of approval as it relates to screening but not to noise. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: • Reported that SARC reviewed this project at its meeting on March 24, 2009. • Said that one recommendation was that the applicant reconsiders the removal of six protected trees. Campbell Planning Commission Minutes for April 14, 2009 Page 5 • Stated that the second recommendation was for a condition of approval restricting the overnight storage of vehicles on site. Chair Ebner opened the Public Hearing for Agenda Item No. 1. Commissioner Gibbons: • Stated that it is great to have this use. • Added that it will take care of these properties on Hamilton Avenue. • Asked where the building and process mechanical systems would be located. Mr. Dennis Hood, Project Applicant: • Said that there are no process mechanical systems. All work is manually done. • Explained that they do biopsies manually. They make slides by hand to ensure quality. • Added that the testing is done at night. • Described the operation as including drivers coming in between 8 and 10 a.m. and leaving to go out and collect specimens. They come back between 2 and 4 p.m. From 6 p.m. to 4 a.m., the processing occurs. Between 4 and 8 a.m. there are just a couple of staff members on site. • Reiterated that there is very little mechanical processing going on. • Clarified that they use a lot of alcohol in their work so they need air-conditioning to move the air and to absorb the alcohol from the air. • Said that there would be two mechanical units on the roof to service the upstairs, which consists of approximately 1,500 square feet of space that represents an office and staff lounge. This space has a low volume of use. • Added that the downstairs lab, at the rear of the building, has two mechanical units off the back side of the building to service the main lab area. • Said that at night there is not much activity on the second floor. During the daytime, mostly there is just air conditioning necessary to keep the air moving through the lab. • Reported that they hope to incorporate solar power in the future. He said that is one reason for the use of such a flat roof design. They will one day try to generate their own electricity and perhaps sell some power back to the power company. Commissioner Gibbons asked if there would be regular building mechanical systems on the roof. Mr. Dennis Hood said two on the roof. Commissioner Gibbons asked if that means the low or high roof. Mr. Dennis Hood said that they would be located on the high roof. There are two units to service the second story and two units on the east side of the ground level to serve the air handlers. Campbell Planning Commission Minutes for April 14, 2009 Page 6 Commissioner Rocha explained that parking and/or hours of operation are the areas that typically generate the most discussion. He said that with up to 14 lab technicians on site overnight that would use up 14 of the 19 available parking spaces (assuming that no one is car pooling). Mr. Dennis Hood: • Agreed that they did not make any assumptions for car pooling. • Said that in their current location they have 14 assigned parking spaces and use 10 of them. • Reminded that they could have created more parking spaces on site by removing more trees. • Added that their goal was to retain these mature trees. • Said that they would utilize approximately 10 parking spots overnight. Commissioner Rocha asked if the lab-owned vans used for collecting the specimens were parked off site. Mr. Dennis Hood: • Said that the lab has five owned vehicles. However, they pay drivers a per diem for use of their personal vehicles. • Reminded that they are just collecting small biopsies. Using their drivers' vehicles works best for them and for the lab. Commissioner Rocha asked if the applicant would consider use of stamped concrete or pavers instead of asphalt for the improved aesthetics of the paved area. Mr. Dennis Hood said that they have included pavers in the back and are not against use of pavers versus asphalt in the front. They are receptive to that suggestion. Commissioner Rocha expressed appreciation to Mr. Dennis Hood for their commitment to this project and enhancing it with pavers. Mr. Dennis Hood said that they hope to be in Campbell for a long time and be a long- standing member of this community. Commissioner Gairaud asked Mr. Dennis Hood if the office space upstairs is used during the daytime. Mr. Dennis Hood replied yes. He added that the owner would be the one to use this office but he is not there all of the time. He is usually in the Philippines and his children would run the lab. Mostly the upstairs is the break room. Commissioner Gairaud asked if the lab is used during the day. Mr. Dennis Hood replied no. All lab work is done in the off hours. During the daytime just the specimen collection is occurring. However, there are always two people in the building at all times. The processing in the lab occurs between 6 p.m. to 6 a.m. Campbell Planning Commission Minutes for April 14, 2009 Page 7 Commissioner Ebner asked if the number of techs on site at night is 14. Mr. Dennis Hood said that it is between 10 and 14 techs. Chair Ebner pointed out that with the five lab-owned vehicles all 19 spaces are occupied. He added that he notices an area labeled as "reception area" on the floor plan. He asked if this is to receive salesmen, etc., since there are no patients served on site. Mr. Dennis Hood said that they had not known how best to label this space on the plans other than as a reception area. There would be no receptionist sitting there. It is just an open space that leads to the offices, conference room and lab area. Chair Ebner closed the Public Hearing for Agenda Item No. 1. Commissioner Gibbons: • Said that this is a nice project for this street. • Reminded that the City is getting the streetscape improvements installed with this project. • Said that keeping the redwood trees is good. • Said that as there are residential adjacencies the potential for noise impacts need to be taken into consideration. • Pointed to Condition 24 (Noise) and suggested adding some wording to apply to the operation of the mechanical equipment either on the roof or at grade. • Explained that the noise impacts are not from the operation of this equipment itself but rather from the cycling from on to off. If an adjacent resident has its windows open at night, they might be able to hear this equipment as it comes on and off. • Suggested adding text to 24(A) to read, "Mechanical equipment cycling can be disruptive to the neighbors and may need to be addressed." • Said that she would like to be sensitive to this in the future. She said that since the Commission does not know where the mechanical equipment is going to be located, it needs to add something to Condition 23 about the need of the Community Development Director to approve the screening of mechanical equipment. She suggested the following text, "No roof-mounted mechanical equipment shall be installed or added without adding screening from public view and requires approval by the Community Development Director." • Expressed concern about the building's balconies. There is a lot of balcony space there with a lot of opportunity to create noise after hours. She suggested that if substantiated complaints are received about impacts from the use of the balcony that can be grounds for controlling the hours of operation. • Suggested an addition to Condition 7 that the 24-hour operation does not include living space on site. She expressed the need to make sure that this second floor is not converted to a residential use as it could easily be adapted into spied-a-terre. Campbell Planning Commission Minutes for April 14, 2009 Page 8 Commissioner Rocha: • Said that is a good point about the potential conversion of the second floor into living space. • Stated that with the amount of square footage here, there is not a lot of air conditioning needed. • Added that screening could help mitigate any starting and stopping sounds. • Suggested the inclusion of a condition of approval requiring the use of either stamped concrete or pavers instead of asphalt to enhance the aesthetics of this property. • Declared that this would be the best looking building on that north end of the street. Chair Ebner asked staff if the hours of operation approved here goes with this applicant or with the site including future tenants. Interim Principal Planner Ciddy Wordell explained that the provisions of the Use Permit would specifically be for a medical lab use on this site. Chair Ebner said that he was initially concerned with the traffic in this area if there were to be patients coming and going but less so with only deliveries occurring. Interim Principal Planner Ciddy Wordell said that it was staffs' understanding that there would be no vehicles stored on site overnight. She said she did not realize that five lab-owned vehicles would remain stored on the property. Since the lab drivers use their own vehicles, what is the purpose for the lab vehicles? Planner Steve Prosser said that he has clarified with the applicant that while the business owns five commercial vehicles they are not stored on site overnight. Commissioner Alderete: • Advised that SARC did not specifically discuss company-owned vehicles but understood that there would be no vehicles stored overnight. • Pointed out that Code calls for screening for any new mechanical equipment installations. • Asked Commissioner Gibbons to provide recommended amendments to Condition 24 as it relates to mechanical equipment noise impacts. Commissioner Gibbons said that it would be beneficial to include "mechanical equipment" in the list of noise impacts outlined in Condition 24-A (Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound sysfems, music and/or mechanical equipment, generated by the subject use...)" Commissioner Alderete said that the description in Condition 24-A is pretty tight as it reads, "...shall not be audible to any person of normal hearing capacity from any residential property." Campbell Planning Commission Minutes for April 14, 2009 Page 9 Commissioner Gibbons: • Reminded that the decibels of the equipment are not the problem when in operation. Rather it is when the equipment goes on and off. • Said that as long as the Commission is comfortable she can accept what is written as long as mechanical equipment is included on the list of noise impacts. • Said that she does not want this noise issue to come back to the Commission at a later date. Commissioner Alderete: • Said that he concurs with Commissioner Rocha's recommendation for the use of pavers over asphalt and thanked him for that suggestion. • Expressed his appreciation to staff for saving the large mature redwood trees on site. • Stated that this is really a great plan. Chair Ebner said that he loves the architecture of this building. It is a really good looking building. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Rocha, the Planning Commission took the following actions: • Adopted Resolution No. 3942 granting a Site and Architectural Review Permit/Conditional Use Permit (PLN2009-06) to allow the construction of a new medical laboratory office building and the establishment of a medical use on site with 24-hour operation on property owned by Peninsula Histopathology Laboratory, Inc., located at 95 & 109 E. Hamilton Avenue, with the following amendments: o That the parking area be paved with pavers rather than asphalt; o Ensure via a condition of approval that appropriate measures are taken to screen the mechanical equipment; o That mechanical equipment be added to the list of noise impacts listed under Condition 24-A; o Correcting Finding 4 and Condition 25 to reflect 19 parking spaces; and o With additional tree screening at the rear of the property; and • Adopted Resolution No. 3943 approving a Tree Removal Permit to allow the removal of one redwood tree on property owned by Peninsula Histopathology Laboratory, Inc., located at 95 & 109 E. Hamilton Avenue; by the following roll call vote: AYES: Alderete, Ebner, Gairaud, Gibbons and Rocha NOES: None ABSENT: Alster and Roseberry ABSTAIN: None Campbell Planning Commission Minutes for April 14, 2009 Page 10 Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE INTERIM PRINCIPAL PLANNER The written report of Ms. Ciddy Wordell, Interim Principal Planner, was accepted with no additions. ADJOURNMENT The Planning Commission meeting adjourned at 8:20 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of April 28, 2009. ~~~~/~ ~ SUBMITTED BY: ``""'"'' orinne A. Shin, R~eording Secretary APPROVED BY: Mdrk ~bner.ICh ATTEST: `~ Ciddy Wordell Acting Secretary