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PC Min - 02/28/2012CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. FEBRUARY 28, 2012 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of February 28, 2012, 7:30 p.m., in the Council Chambers, 70 North First Street, Acting Chair Reynolds and the following proceedings were had ROLL CALL Commissioners Present Commissioners Absent Staff Present: APPROVAL OF MINUTES Acting Chair/Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Chair: Commissioner: Community Development Director: Planning Manager: Associate Planner: Assistant Planner: City Attorney: Traffic Engineer: Recording Secretary: TUESDAY was called to order at Campbell, California by . to wit: Philip C. Reynolds, Jr. Mark Ebner Elizabeth Gibbons Paul Resnikoff Bob Roseberry Theresa Alster Brian Brennan Kirk Heinrichs Paul Kermoyan Steve Prosser Daniel Fama William Seligmann Matthew Jue Corinne Shinn Motion: Upon motion by Commissioner Resnikoff, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of February 14, 2012, were approved. (5-0-2; Chair Alster and Commissioner Brennan were absent) Campbell Planning Commission Minutes for February 28, 2012 Page 2 COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Acting Chair Reynolds read Agenda Item No. 1 into the record as follows: PLN2012-10 Public Hearing to consider the application of Ms. Carol Whitsett, Whitsett, C. on behalf of Sedusa Studios, for a Modification (PLN2012-10) of a previously-approved Conditional Use Permit to allow afive- year extension of approval for a large fitness studio on property located at 1300 Dell Avenue in a C-M (Controlled Manufacturing) 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: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking a Modification to an existing Conditional Use Permit to allow an extension of approval. • Described the project site as being on the corner of Dell and Hacienda Avenues. The site is zoned C-M (Controlled Manufacturing) and the General Plan land use designation is R&D (Research & Development). The site consists of amulti-tenant industrial building that shares parking with an adjacent building and property. • Explained that the original Use Permit was approved in February 2010 with atwo- yearapproval period that expires in March 2012. • Said that tonight's action would provide afive-year extension of approval through March 2017. • Stated that the business is a dance studio offering classes three to four times a day with between eight and 12 women participating. The hours of operation are between 9 a.m. and noon and between 5 p.m. and 10 p.m., Monday through Friday. On weekends there are classes serving larger groups. • Reported that the C-M Zoning District allows a large fitness studio as a conditional use. • Added that since the approval in 2010, there have been no changes to the operation or to the Zoning Code. This use is compliant with its Conditional Use Campbell Planning Commission Minutes for February 28, 2012 Page 3 Permit and its conditions of approval, including the requirement to install a security camera system in the parking lot. There have been no complaints to either the Community Development Department or to Campbell Police. • Recommended the adoption of a resolution approving a Modification to allow a five year extension of this Conditional Use Permit. Acting Chair Reynolds opened the Public Hearing for Agenda Item No. 1. Ms. Carol Whitsett, Applicant and Business Owner, Sedusa Studios: • Introduced herself to the Commission and extended her thanks to Planner Daniel Fama for his assistance in processing her request. • Said that she had no complaints and is available for any questions. Acting Chair Reynolds closed the Public Hearing for Agenda Item No. 1. Commissioner Ebner asked staff why if the original approval was for two years this renewal was proposed for five. Planner Daniel Fama explained that the business had already been in operation for three years, having established itself without a business license or Use Permit. When the original Use Permit was approved, it was back dated to the actual start of the business resulting in two years remaining.. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 4047 approving a Modification (PLN2012-10) of a previously-approved Conditional Use Permit (PLN2009-134) to allow afive-year extension of approval for a large fitness studio on property located at 1300 Dell Avenue, subject to conditions of approval, by the following roll call vote: AYES: Ebner, Gibbons, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Alster and Brennan ABSTAIN: None Acting Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Acting Chair Reynolds read Agenda Item No. 2 into the record as follows: Campbell Planning Commission Minutes for February 28, 2012 Page 4 2. PLN2011-253 Public Hearing to consider the application of Ms. Teresa Lai for PLN2012-44 a Conditional Use Permit (PLN2011-253) and a Parking Lai, T. Modification Permit (PLN2012-44) to allow the establishment of a Commercial Child Care Center with a maximum enrollment of 192 children on property located at 430 Darryl Drive in a C-2 (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Described the project site as being located on the east side of Darryl between Hamilton and Gale Avenues. It consists of a 15,000 square foot office building that was previously occupied by DMV (Department of Motor Vehicles) offices. The building is single-story and has parking along the west and south. There are two driveways at the west property line. The site has 10 percent landscaping, which is consistent with requirements. • Said that the Zoning is C-2 (General Commercial) and the General Plan land use designation is also General Commercial. • Stated that a Conditional Use Permit is requested in order to establish a daycare center with a maximum of 192 children. Business hours are between 7:30 a.m. and 8 p.m., weekdays, and between 8 a.m. and 5 p.m., Saturday and Sunday. Most children arrive around 8 a.m. and most are gone by 5 p.m. The evening hours are used occasionally to accommodate special activities and events, such as the annual graduation ceremony. • Advised that a Parking Modification Permit is required due to a three parking space deficit. • Explained that the original proposal has changed since its initial submittal. The project was considered by SARC at two meetings and their recommendations resulted in the play area being relocated to the northwest corner of the property. The site will contain eight classroom spaces and exceeds the minimum amount of space per child required for a commercial daycare, which is 35 square feet of unencumbered indoor play area for each child. Forty (40) square feet per child is provided. Additionally, there is a 9,700 square foot outdoor play area. City Ordinance requires a minimum of 75 square feet of outdoor play area per child. Waivers are allowed by the State for the outdoor play area total space requirements as long as restrictions are implemented by the facility so that the total number of children using the outdoor play space at any given time meets the required standards. • Stated that staff is recommending a condition of approval that allows a maximum of 72 students (three classrooms) of children utilizing the outdoor play area at any given time. This recommendation is consistent with the applicant's business description. • Added that staff is also recommending that the use of the outdoor play space be limited to between the hours of 8 a.m. and 6 p.m., Monday through Friday, and Campbell Planning Commission Minutes for February 28, 2012 Page 5 between 9 a.m. and 5 p.m., Saturday and Sunday, in order to minimize impacts on adjacent properties. • Informed that a traffic consultant prepare a study on the impacts of on-site circulation and parking. The consultant also evaluated five nearby intersections to project impacts of this use on those intersections. The determination was that the change in LOS (level of service) is less than significant and does not meet or exceed the threshold. The LOS at four of the five intersections is +D and one intersection is reduced from a LOS of D to a D-. • Added that the traffic consultant also evaluated the on-site parking. The parking required is 55 spaces and 52 spaces are proposed, a deficit of three. • Explained that at this daycare, parents will park for a short time to walk their children into the school and sign them in for the day. • Said that the consultant finds that the proposed parking is adequate if no more than two classes start at the same time and there is a minimum of 15 minutes between start times. There could be 70 vehicles on site with turn around. • Recommended that a Parking Modification Permit be approved to allow 52 spaces. • Stated that the traffic consultant looked at the intersection of Darryl and Hamilton Avenues. The LOS decreases but is still within standards. With the concern about potential overflow queuing, a condition of approval is proposed to mitigate that concern. The condition requires this applicant to increase the storage length of the left turn lane (at Hamilton & Darryl). Additionally, the driveway approaches are not ADA compliant and the applicant will have to update those. • Said that SARC reviewed the project on two occasions. o On January 27t", the traffic report was not yet complete. SARC also recommended the relocation of the outside play area from the proposed location closer to residential to an area closer to the adjacent commercial building (Social Security office building). Additionally, SARC strongly recommended the applicants do some public outreach. The applicants contacted seven of 14 adjacent residents but were unable to reach the other seven. o On February 14t", a revised site plan was provided by the applicant that included a third driveway approach. However, based on the traffic consultant's evaluation, asingle-point of egress is considered adequate. Four parking spaces were considered to be more beneficial to the site circulation that the additional driveway. • Explained that staff is recommending that employees park along the eastern portion of the property. • Recommended that the Commission find this project to be Categorically Exempt and adopt a resolution approving this Conditional use Permit and Parking Modification Permit subject to the recommended conditions of approval. Commissioner Roseberry said that he was originally concerned about the site circulation but feels the proposed mitigation measures have resolved some of his concerns. He asked if having proposed timed parking spaces might be helpful, perhaps 15-minute only spaces. Planner Steve Prosser said that is an excellent suggestion but cautioned that some parents stay on site for a longer period of time to help out in the classroom. Campbell Planning Commission Minutes for February 28, 2012 Page 6 Commissioner Gibbons said she is also concerned about a single driveway but appreciates the explanation provided. Still it seems very tight. She asked if the queuing on Darryl has been looked at. Is it sufficient? Planner Steve Prosser said yes. He added that with the recommended mitigation measures, including having no more than two classes of children arriving on site at any one time and using staggered start times. Commissioner Gibbons pointed out that the staff parking doesn't turn over. Planner Steve Prosser agreed. Commissioner Gibbons: • Said that subtracting 17 spaces for staff leaves only 35 spaces to turn over for the dropping off of children. • Questioned whether the trash container area was large enough and how garbage trucks would access it. Planner Steve Prosser said that there is direct access but the driver will have to back out as is typically required with trash collection. He added that there is space to increase the trash enclosure, if it becomes necessary. Commissioner Gibbons asked staff what is depicted on the adjacent parcel. Planner Steve Prosser explained that it is an existing driveway approach to a loading area at the back. It is not used and is blocked off by planters. Commissioner Gibbons said that while a parking management plan is not required perhaps preparation of one should be considered. Commissioner Resnikoff expressed support for the points made by Commissioner Gibbons as well as the suggestion for limited time parking for some of the spaces. Planner Steve Prosser suggested an added condition of approval requiring a parking management plan to evaluate long versus short-term parking. Acting Chair Reynolds asked the City's Traffic Engineer to what extent does San Jose's traffic policies affect Campbell. Traffic Engineer Matthew Jue said that the City does not have jurisdiction over an intersection that is in San Jose. San Jose can review a traffic study for a project in Campbell that might impact them. A copy of this project's traffic study was provided to San Jose. Commissioner Reynolds asked why only five intersections were studied for impacts. Why not more? Campbell Planning Commission Minutes for February 28, 2012 Page 7 Traffic Engineer Matthew Jue replied that limiting the study to five was made using standard practices based on the size of the project. Commissioner Gibbons asked staff if the traffic analysis took into consideration the full build out of the project (Riverside) across the street. Traffic Engineer Matthew Jue replied yes. Commissioner Resnikoff provided the Site and Architectural Review Committee report as follows: • SARC considered the project on both January 24tH and February 14tH • Said that on January 24tH, the traffic study was not yet available. The location of the outdoor playground was discussed. SARC asked the applicant to relocate the play area. Staff provided an update on the traffic study. • Added that on February 14tH, a proposed new (third) driveway was considered. SARC recommended removal of that proposed third driveway and to establish a location for employee parking. • Concluded that SARC's recommendations have been incorporated either within the plans or conditions of approval. Acting Chair Reynolds opened the Public Hearing for Agenda Item No. 2. Ms. Jackie Funk, Project Representative: • Introduced herself as the Program Director and science teacher. • Said that they are very excited about this new school location in Campbell. • Explained that their school was founded in 2004. • Described the school as culturally diverse in students, families and staffing. It is a bilingual learning environment in both Mandarin and English. The school offers quality learning experiences and child care. • Said that they stress the uniqueness of each child using Montessori teaching curriculum and environment using eight areas of learning that encourages hands on experience. The child chooses their activities. • Added that their staff is highly educated, with many having a Masters Degree, and love working with children and seeing them grow and learn. • Said that they have schools right now in Cupertino and Saratoga and they look forward to establishing another quality daycare to serve their students and Campbell. Commissioner Gibbons asked Ms. Jackie Funk if either of the existing facilities has 192 students. Ms. Jackie Funk said no. She said she believes the Cupertino school has approximately 120. Mr. Jim Caringello, Owner of 770 W. Hamilton Avenue: Campbell Planning Commission Minutes for February 28, 2012 Page 8 • Said that he has some concerns about the placement of the playground near their building for fear that noise impacts might impact their tenants (Social Security Administration Offices). • Added that he also has some parking and traffic issues. • Questioned who would be responsible for enforcing the staggered drop off times. He added that enforcement of drop off times must be managed very well. • Stated that he does not want to see traffic lining up on Darryl all the way to Hamilton Avenue. • Pointed out that a lot of elderly people come to the Social Security building. • Stated that he does not like the idea of the playground being right "on top of us." Commissioner Roseberry asked if his site has a driveway only on Darryl or also from Hamilton. Mr. Jim Caringello said they have driveways from both streets. Commissioner Ebner asked Mr. Jim Caringello if there are windows in his building that would overlook the proposed playground area. Mr. Jim Caringello said no. He added that they have a wood and stucco wall there. Commissioner Ebner questioned how many times of day recess would occur in the outdoor playground. Ms. Susan Jay, Resident of San Jose: • Explained that her son has attended The Learning Tree for three years now. • Added that she drops him off every day and she assured that the drop off by parents occurs at varied times. Parking is not a problem or maybe only with a weekend event. • Said that it would be good to have this school located in Campbell. It is a school that celebrates many cultures around the world. Commissioner Gibbons asked how big the Saratoga school is. Ms. Susan Jay said that there are three classes with approximately 75 students. Acting Chair Reynolds closed the Public Hearing for Agenda Item No. 2. Commissioner Gibbons: • Said that she is feeling cautious about the proposed size of this school. • Advised that she understands the reason for switching the location of the playground. • Said that having two driveways may be better than one. • Asked staff if they had received feedback from the residents about the potential location of the playground near their homes. Director Kirk Heinrichs said that such a concern reflects a staff assumption. Campbell Planning Commission Minutes for February 28, 2012 Page 9 Commissioner Gibbons: • Suggested that a parking management plan should be required, much like the Montessori school that has been operating on Latimer Avenue for about 15 years. The plan included a signed agreement by parents to respect the provisions of the plan. • Suggested that a similar plan should be prepared for approval by the Community Development Director. • Said that she understands the noise issue with the adjoining business. • Recommended regular meetings between the school and adjacent property owner, perhaps monthly for the first year and annually thereafter. It is a reasonable request that there be a regular relationship between them. Perhaps a time limit could be established in the event the meetings become unnecessary. Commissioner Ebner: • Said that he likes the idea especially the parental notification documenting that parents are aware of the parking requirements. • Said that he is troubled by a pattern developing here that requires neighbors to meet with a tenant. • Stated he might support such a meeting every six months at most. Every couple of months is too frequent. • Pointed out that the concern raised by SARC about the turnaround seems to have been worked out. Commissioner Gibbons said that enforcement issues come to the attention of the Community Development Director if complaints are received by the City. Director Kirk Heinrichs agreed that generally complaints would be received by the Planning office. Staff tries to address any issues raised with the tenant. If problems cannot be resolved, the use permit could be brought back to the Planning Commission for additional conditions of approval. Commissioner Gibbons suggested a condition of approval that states that if significant complaints are received, the Director has the authority to immediately require that the staggered start times be extended even further apart starting with an additional five minutes between staggered start times. This provision could be a part of the parking management plan. Commissioner Resnikoff: • Said that he doesn't disagree with the goal of that condition but questions how a complaint is determined to be significant. • Added that the Director can already modify hours. • Pointed out that similar wording already appears in the conditions under noise conditions giving the director the ability to modify hours upon verified complaints. • Expressed confidence in the reasonable judgment of the Director to deal with these matters. Campbell Planning Commission Minutes for February 28, 2012 Page 10 Director Kirk Heinrichs said that it appears the Commission is proposing to specifically condition the authority to the Director to further stagger start times should problems arise. Commissioner Ebner reminded that parent monitors will also be on site to help mitigate traffic and parking impacts. He expressed support for limited time parking as an idea that might work. He said he was okay with the added conditions. Commissioner Roseberry agreed that they were on the right track. He said it would be important to provide the parents with the campus pick up and drop off schedule and make sure they are aware of it as well as providing a copy to the Community Development Director. Commissioner Reynolds: • Explained that he chaired the SARC meetings and they went back and forth on the noise issue in considering impacts on residents versus a business. SARC felt the best location for the playground was abutting the commercial use versus the residential units as creating the least amount of impact. • Supported the concept of giving the Director the ability to adjust the staggered start times if necessary. • Suggested added the proposed requirement to hold a meeting every six months to iron out any problems. Communication between neighbors works in most cases and that requirement can be put in as a condition of approval. • Added that he also likes the idea of a parking management plan. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 4048 approving a Conditional Use Permit (PLN2011-253) and a Parking Modification Permit (PLN2012-44) to allow the establishment of a Commercial Child Care Center with a maximum enrollment of 192 children on property located at 430 Darryl Drive, subject to conditions of approval, as amended, • Require a Parking Management Plan be prepared by the operator and submitted to the Community Development Director for approval. The Director shall be able to extend the distance between arrival times if queuing problems exist; • Add time limits for some of the parking (long and short term parking); • Require that meetings be held between the operator and its adjacent neighbors if such a meeting is requested; by the following roll call vote: AYES: Ebner, Gibbons, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Alster and Brennan ABSTAIN: None Acting Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Campbell Planning Commission Minutes for February 28, 2012 Page 11 *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Kirk Heinrichs had no new additions to the written director's report. ADJOURNMENT The Planning Commission meeting adjourned at 8:30 p.m. to the next Regular Planning Commission Meeting of March 13, 2012. SUBMITTED BY: Corinne inn, Recording Secretary APPROVED BY: ATTEST: Philip C. Reyrj,~l~s, Jr ;Acting Chair Hein~hs, Secretary