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CITY OF CAMPBELL PLANNING COMMISSION MINUTES 730 PM TUESDAY

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CITY OF CAMPBELL PLANNING COMMISSION MINUTES 730 PM TUESDAY Powered By Docstoc
					                 CITY OF CAMPBELL PLANNING COMMISSION

                                    MINUTES



7:30 P.M.                                                                TUESDAY
                                 APRIL 22, 2008
                         CITY HALL COUNCIL CHAMBERS



The Planning Commission meeting of April 22, 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:                     Bob Roseberry
                             Vice Chair:                Mark Ebner
                             Commissioner:              Gary Gairaud
                             Commissioner:              Elizabeth Gibbons

Commissioners Absent:        Commissioner:              Bob Alderete
                             Commissioner:              George Doorley
                             Commissioner:              Michael Rocha

Staff Present:               Acting Director:           Jackie C. Young Lind
                             Senior Planner:            Tim J. Haley
                             Assistant Planner:         Steve Prosser
                             Planning Intern:           Tina Kim
                             City Attorney:             William Seligmann
                             Recording Secretary:       Corinne A. Shinn

APPROVAL OF MINUTES

Motion:      Upon motion of Commissioner Gibbons, seconded by
             Commissioner Ebner, the Planning Commission minutes of the
             meeting of March 25, 2008, were approved.         (3-0-3-1;
             Commissioners Alderete, Doorley and Rocha were absent and
             Commissioner Gairaud abstained)
Campbell Planning Commission Minutes for April 22, 2008                          Page 2


COMMUNICATIONS

1. Correspondence re Agenda Item #7
2. Revised landscape plan for Agenda Item #1

AGENDA MODIFICATIONS OR POSTPONEMENTS

There were no agenda modifications or postponements.

ORAL REQUESTS

There were no oral requests.

PUBLIC HEARINGS

Chair Roseberry read Agenda Item No. 1 into the record as follows:

1.   PLN2008-54             Public Hearing to consider the application of Mr. Ramin
     Dariani, R.            Dariani, on behalf of Dariani Enterprises, Inc., for a
                            Modification (PLN2008-54) to a previously-approved
                            Conditional Use Permit (PLN2005-164) for the remodel of
                            an existing service station to accommodate a grocery store
                            within an existing building and with the elimination of the
                            previously approved car wash and new service islands on
                            property owned by Dariani Enterprises, Inc., located at
                            2855 S. Winchester Boulevard in an C-2-S (General
                            Commercial) 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: Tim J. Haley, Senior Planner

Mr. Tim J. Haley, Senior Planner, presented the staff report as follows:
• Advised that the applicant is seeking a Modification to a previously-approved Use
   Permit to allow the remodel of an existing service station located at the intersection
   of Sunnyoaks Avenue and Winchester Boulevard.
• Reported that in March 2006 the original remodel was approved to allow a two-
   story building including a car wash and new service islands.
• Added that a revised proposal was considered by the Commission on April 24,
   2007, and the project was reduced to a single-story structure.
• Stated that since that time, the applicant has worked with ARCO but was not
   successful in financing the project.
• Said that the applicant is now proposing another revised project that would include
   using the existing building, eliminating the car wash and eliminating the remodel of
   the service islands. Two service bays would be converted into a mini market
   operation consisting of approximately 1,700 square feet. The existing service
   islands would be retained.
Campbell Planning Commission Minutes for April 22, 2008                        Page 3


•   Explained that there is adequate parking on site to support this proposal.
•   Reported that SARC reviewed this project and requested the elimination of a
    driveway along Sunnyoaks Avenue and the inclusion of tree wells on the
    Winchester frontage. A landscape plan has been distributed this evening.
•   Recommended the adoption of a resolution approving this project.

Chair Roseberry opened the Public Hearing for Agenda Item No. 1.

Mr. Ramin Dariani, Applicant:
• Said he was available for any questions.

Commissioner Ebner asked Mr. Ramin Dariani what his operational hours are
currently.

Mr. Ramin Dariani replied 6 a.m. to midnight.

Commissioner Gairaud asked how a convenience store with a deli could be classified
as a grocery store.

Mr. Ramin Dariani said that they are not a liquor store. They sell only beer and wine.
Additionally, they have prepared food, sandwiches, etc.

Commissioner Gairaud asked if there would be a bakery goods and produce.

Mr. Ramin Dariani said yes, everything is prepared.

Commissioner Gibbons asked Planner Tim Haley for more details on the original
approval. She explained to Commissioner Gairaud that there was a lengthy and
detailed discussion at the previous hearing. There was the splitting of hairs as to how
this definition came up.

Planner Tim J. Haley:
• Explained that a convenience market is considered to be similar to a grocery store
   with fresh fruit, a deli and other items that characterize it as a grocery.
• Added that the Commission found this market was a grocery store and not subject
   to concentration standards as required for liquor stores. There is a provision for
   grocery stores that they are not subject to concentration.

Chair Roseberry reminded that tonight what is under consideration is a modification to
a previously approved Use Permit that is different in square footage and size of
operation and asked staff to shed some light on that.

Planner Tim J. Haley explained that the Commission could determine that a reduction
from 2,000 square feet to 1,700 square feet changes the character of the previous
approval or it could still find that the project as currently proposed and is a grocery
store or market.
Campbell Planning Commission Minutes for April 22, 2008                         Page 4


Chair Roseberry closed the Public Hearing for Agenda Item No. 1.

Commissioner Gibbons:
• Said that this is a tough one.
• Reminded that the Commission approved a Conditional Use Permit for a very
  similar use but with a reduction in square footage and a change in program.
• Reported that she was not supportive originally.
• Added that she would normally vote for modifications to an original approval but
  here she is choosing to stay with her original vote against this project.

Commissioner Ebner:
• Said that he was on the fence and is leaning to not approving this request.
• Said that while reviewing the original request the description of a grocery versus a
  convenience market was debated.
• Advised that he is having some problems and finds it hard to believe that a grocery
  could still be operated with less square footage.

Commissioner Gairaud:
• Advised that he had a few reservations about this request. One had to do with
  landscaping and the applicant’s provision of an additional landscape plan helped
  with that concern.
• Said he has other questions including whether the undergrounding of utilities would
  no longer be required without the demolition of the existing building.
• Added that Condition 36 of the original approval would no longer be relevant.
• Stated that the result is that there is not much improvement to this property.
• Admitted that he is having some reservations.

Chair Roseberry:
• Asked the City Attorney for some advice on what can be considered with this
  request to modify a previous approval.
• Said that this is a different project, substantially different to the original.

City Attorney William Seligmann:
• Informed that the Modification request opens up the previous conditions of approval
    to review and modification.
• Said that to deny the Modification the Commission must make the finding that the
    proposal no longer meets the definition of a grocery store.
• Explained that the description of a grocery is that it sells staple food items, etc. A
    minor portion may be processed on site. It excludes a store that sells a single type
    of item such as a candy store.

Chair Roseberry:
• Reiterated that this Modification opens up all the previous conditions of approval.
• Questioned what character difference there is between a 7-11 and a grocery.
• Asked if it would be a deal breaker for the applicant if this were operated as a
  convenience store without beer and wine sales.
Campbell Planning Commission Minutes for April 22, 2008                        Page 5


Commissioner Gibbons:
• Said that she had the same points.
• Advised that she does not object to a convenience/grocery store but objects to beer
  and wine sales.
• Added that she has no objections to the proposed improvements and the range of
  foods.
• Stated that her issue is the proximity of beer and wine sales to the 7-11.
• Said she supports this project without beer and wine sales.
• Suggested that the applicant start without beer and wine sales and come back at a
  later time to add it.

Commissioner Gairaud said he questions the hours for beer and wine sales.

Chair Roseberry:
• Said that he was in favor originally.
• Pointed out that Winchester is a busy street, a late night street.
• Added that Sunnyoaks Avenue is a feeder street into a neighborhood.
• Said that he didn’t see an over-concentration and was in favor. Even now, he is
  kind of okay with it.
• Stated that this use would not be any noisier an operation or draw more to that
  location than what is there.
• Asked if a decision could be deferred to the next meeting where more
  Commissioners would be present.

City Attorney William Seligmann said that the Commission could do that but the
members absent from tonight’s meeting would have to watch the tape of this
discussion in order to participate in the continued discussion of this item at the next
meeting.

Commissioner Ebner said he could support a limit in hours and sales of alcohol. He
added that he could approve the rest of the project.

Chair Roseberry asked if this station operates 24-hours currently.

Commissioner Ebner said that the applicant mentioned 6 a.m. to midnight.

Commissioner Gibbons asked if the gas station was 24-hour too. She added that
closing off the Sunnyoaks driveway is a good suggestion.

Chair Roseberry said that one of the two driveways onto Sunnyoaks would remain
open.

Commissioner Gibbons said that she believed that both were closed.
Campbell Planning Commission Minutes for April 22, 2008                         Page 6


Planner Tim J. Haley clarified that the northwest driveway would be closed off. There
is still another one along Sunnyoaks. He said that the landscape plan depicts the
planting area.

Chair Roseberry said that keeping the Sunnyoaks driveway is essential for
maneuvering by large delivery trucks.

Commissioner Gibbons asked staff for the hours for 7-11.

Planner Tim J. Haley replied he did not know.

Commissioner Gibbons said that allowing gas delivery to midnight is too late. She said
that she is okay with 24-hour operation but prefers no beer and wine license.

Commissioner Gairaud said that the 7-11 currently operates 24 hours.

Planner Tim J. Haley said that the applicant has information about operational hours.

Mr. Rick Lechleitner, Applicant:
• Reported that he had walked the neighborhood and spoke with neighbors.
• Said that originally a car wash was proposed.
• Said that some neighbors were concerned about beer and wine sales. By cutting
   off any beer and wine sales at 1 a.m. the neighbors were fine.
• Explained that ARCO did not move forward with the original proposal and they had
   to pull back and downsize. There is no car wash now.
• Said that this is a nice project.

Commissioner Gibbons asked Mr. Rick Lechlietner if they could live with beer and wine
sales ending at midnight.

Mr. Rick Lechlietner replied sure.

Chair Roseberry re-closed the Public Hearing for Agenda Item No. 1.

Commissioner Gibbons:
• Said that this has been a good discussion that makes her feel better.
• Added that shutting off liquor sales at midnight would be an issue of enforcement.
• Said that the standard condition is included that allows the Community
  Development Director to reduce hours immediately if conditions are not met.
• Stated that she could support this request with the requested landscaping and 24
  hour operation but with beer and wine sales prohibited between midnight and 8
  a.m.
• Added that she prefers that gas deliveries occur before 11 p.m. rather than
  midnight.
Campbell Planning Commission Minutes for April 22, 2008                         Page 7


Motion:      Upon motion of Commissioner Gibbons, seconded by
             Commissioner Ebner, the Planning Commission adopted
             Resolution No. 3879 granting a Modification (PLN2008-54) to a
             previously-approved Conditional Use Permit (PLN2005-164) for the
             remodel of an existing service station to accommodate a grocery
             store within an existing building and with the elimination of the
             previously approved car wash and new service islands on property
             owned by Dariani Enterprises, Inc., located at 2855 S. Winchester
             Boulevard, as modified, by the following roll call vote:
             AYES:       Ebner, Gibbons and Roseberry
             NOES:       Gairaud
             ABSENT:     Alderete, Doorley and Rocha
             ABSTAIN: None

Chair Roseberry advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.

Acting Director Jackie C. Young Lind clarified that the changes approved include the
addition of the updated landscape plan; amend the conditions to restrict alcohol sales
between midnight and 8 a.m.; amend the conditions to limit gas deliveries to between 6
a.m. and 11 p.m.; and amend the conditions to give the Community Development
Director the option to immediately restrict operational hours upon verified complaint.

                                          ***

Chair Roseberry read Agenda Item No. 2 into the record as follows:

2.   PLN2008-29             Public Hearing to consider the application of Ms. Julie
     Kang, J.               Kang for a Conditional Use Permit (PLN2008-29) to allow
                            on sale beer and wine sales in conjunction with an existing
                            restaurant on property owned by Campbell Plaza
                            Development Co. located at 2455 S. Winchester
                            Boulevard in a C-2-S (General Commercial) 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: Tim
                            J. Haley, Senior Planner

Mr. Tim J. Haley, Senior Planner, presented the staff report as follows:
• Reported that the applicant is seeking Conditional Use Permit approval to allow on
   sale beer and wine sales in conjunction with a new restaurant in the Campbell
   Plaza Shopping Center. This approximately 1,700 square foot restaurant was
   previously Chinese and will be operated as a new Japanese Restaurant. It has 48
   seats.
• Explained that adjacent uses were reviewed and this proposal is compatible with
   this shopping center.
Campbell Planning Commission Minutes for April 22, 2008                         Page 8


•    Recommended the adoption of a resolution to allow on-sale beer and wine sales
     with a restaurant.

Chair Roseberry opened the Public Hearing for Agenda Item No. 2.

Chair Roseberry closed the Public Hearing for Agenda Item No. 2.

Commissioner Gibbons said that staff did a good job. This is a straightforward
request. She stated that the standard noise condition is imposed.

Motion:       Upon motion of Commissioner Gibbons, seconded by
              Commissioner Gairaud, the Planning Commission adopted
              Resolution No. 3880 granting a Conditional Use Permit (PLN2008-
              29) to allow on sale beer and wine sales in conjunction with an
              existing restaurant on property owned by Campbell Plaza
              Development Co. located at 2455 S. Winchester Boulevard, by the
              following roll call vote:
              AYES:        Ebner, Gairaud, Gibbons and Roseberry
              NOES:        None
              ABSENT:      Alderete, Doorley and Rocha
              ABSTAIN: None

Chair Roseberry advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.

                                          ***

Chair Roseberry read Agenda Item No. 3 into the record as follows:

3.   PLN2008-06/52          Public Hearing to consider the application of Hunter
     Hamilton Avenue        Properties, on behalf of Hamilton Plaza Investors, LLC, for
     Investors, LLC         a Site and Architectural Review Permit and Tree Removal
                            Permit (PLN2008-52) to remove a palm tree and to allow
                            the construction of an 8,000 square foot commercial
                            building on property owned by Hamilton Plaza Investors,
                            LLC, located at 1790 S. Bascom Avenue in a C-2-S
                            (General Commercial) 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: Tina Kim, Planning Intern

Ms. Tina Kim, Planning Intern, presented the staff report as follows:
• Reported that the applicant is seeking a Site and Architectural Permit and Tree
   Removal Permit to allow the demolition of an existing commercial building and
   construction of a new commercial building on the east side of Bascom Avenue,
   between Hamilton and Ridgeley.
Campbell Planning Commission Minutes for April 22, 2008                       Page 9


•   Described the surrounding uses as commercial to the south, east and north and
    residential to the west.
•   Said that the General Plan land use designation is General Commercial and the
    Zoning is C-2-S (General Commercial). This proposal is allowed with issuance of a
    Site and Architectural Review Permit.
•   Stated that the new commercial building would be 8,000 square feet with a slight
    change in the building footprint from an L-shape to a rectangular shape. The
    massing is reduced with horizontal and vertical articulation. There are two tower
    elements. The stucco is in earth tone colors. There are wall mounted lights.
•   Said that there are 30 parking spaces, two of which are accessible.
•   Explained that the driveways are shared with the adjacent center under same
    ownership. An easement will be recorded to formalize that access arrangement in
    the event that one of the properties changes ownership in the future.
•   Reported that a 36-inch diameter Day Palm would be removed with issuance of the
    requested Tree Removal Permit.
•   Said that SARC reviewed this project on April 8, 2008.
•   Recommended that the Planning Commission find this project to be Categorically
    Exempt under CEQA as it is a replacement of an existing structure.
•   Recommended approval of the Site and Architectural Review Permit and the Tree
    Removal Permit.
•   Informed that the applicant is present this evening.

Commissioner Gibbons asked to verify if this parcel is owned by the same owner as
the attached shopping center.

Intern Tina Kim replied yes.

Commissioner Gibbons pointed out that the trash enclosure to serve this site is on the
adjoining parcel.

Intern Tina Kim explained that they are currently processing a Lot Line Adjustment to
correct this situation.

Commissioner Gibbons:
• Stated that the Lot Line Adjustment must be completed before this application can
  become effective.
• Said that two additional conditions are necessary. One condition should state that
  “prior to implementation of this permit, the Lot Line Adjustment to incorporate the
  trash enclosure area and parking into this property must be completed.” The
  second condition should properly document an access easement from the adjacent
  parcel. The covenant for access should be on the deed so that when the property
  is sold, it remains in effect.
• Stated that she has questions about parking and retail space.
• Said that the parking standard for financial services is half the requirement for
  retail.
Campbell Planning Commission Minutes for April 22, 2008                         Page 10


Chair Roseberry said he has similar questions about parking. He said he counts 30
spaces while 39 are required for retail uses. Ten more spaces would be provided
through the Lot Line Adjustment. He asked how the adjacent parcel is parked.

Planner Tim J. Haley:
• Said that the parking standard for the shopping center is one space per 207 square
   feet.
• Stated that there is shared parking for this 11-acre shopping center.
• Added that the tenant mix on this end of the center is one that does not reflect a
   high parking demand.

Commissioner Gibbons said her issues are the swales and retention, use of universal
parking stalls and the fact that the cars would overhang the landscape area reducing
area available for trees without being hit by the front end of parked cars. She said that
there is a lot happening on this tiny little site.

Chair Roseberry pointed to Sheet 7A that depicts a heavy dotted line tributary area.
There is a pretty wide median there with 9 inch minimum depth at the bottom of the
swale.

Commissioner Gibbons said that she wants to make sure that trees are set back far
enough to make up for the cars overhanging the parking spaces.

Chair Roseberry agreed that they need to be at least two feet away. He said that he is
confident that there is adequate parking available.

Commissioner Gibbons said that if parking is at a 1 per 200 square foot ratio, she is
okay with the shared parking.

Acting Director Jackie C. Young Lind reiterated the desired added conditions as
including a covenant for the access easement; the trash enclosure to be located within
the subject site through a Lot Line Adjustment; and the restriction of use to financial
institution due to the parking shortage.

Chair Roseberry clarified that the Commission is trying to get the all of the commercial
space designated retail instead of financial institution.

Chair Roseberry opened the Public Hearing for Agenda Item No. 3.

Mr. Dennis Meininger, Representative for Applicant:
• Said that he has seen the preliminary Lot Line Adjustment and it runs down the
   middle of the driveway.
• Added that there is no issue in incorporating those spaces.

Chair Roseberry closed the Public Hearing for Agenda Item No. 3.
Campbell Planning Commission Minutes for April 22, 2008                        Page 11


Planner Tim J. Haley said that when the center was remodeled the parking ratio was 1
for every 207 square feet.

Acting Director Jackie C. Young Lind reiterated the additions as including specific
language regarding the covenant for the access easement and drainage and a Lot
Line Adjustment to bring in the trash enclosure and additional parking onto the subject
site.

Commissioner Gibbons added that the allowable use for the entire parcel shall be
Commercial and not limited to Financial.

Acting Director Jackie C. Young Lind said that this could be noted on the plans under
Condition 1.

Motion:      Upon motion of Commissioner Gibbons, seconded by
             Commissioner Ebner, the Planning Commission adopted
             Resolution No. 3881 approving a Site and Architectural Review
             Permit (PLN2008--06) to allow the construction of an 8,000 square
             foot commercial building and Resolution No. 3882 approving a Tree
             Removal Permit (PLN2008-52) to remove a palm tree on property
             owned by Hamilton Plaza Investors, LLC, located at 1790 S. Bascom
             Avenue, as modified to include the Covenant for access easement
             rights; a Lot Line Adjustment to incorporate the trash enclosure and
             parking into this project site; and allowance of 100 percent retail
             uses, by the following roll call vote:
             AYES:         Ebner, Gairaud, Gibbons and Roseberry
             NOES:         None
             ABSENT:       Alderete, Doorley and Rocha
             ABSTAIN: None

Chair Roseberry advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.

                                          ***

Chair Roseberry read Agenda Item No. 4 into the record as follows:
Campbell Planning Commission Minutes for April 22, 2008                         Page 12



4.   PLN2008-24             Public Hearing to consider the application of Dawn and
     Lavond                 Christopher Lavond for a Site and Architectural Review
                            Permit (PLN2008-24) to allow the demolition of an existing
                            one-story single-family residence and construction of a
                            new one-story single-family residence on property owned
                            by Dawn and Christopher Lavond located at 1561 Hack
                            Avenue in an R-1-10 (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:
                            Julianna Mandler, Interim Planner

Mr. Tim J. Haley, Senior Planner, presented the staff report as follows:
• Reported that the applicant is seeking approval of a Site and Architectural Review
   Permit to allow the construction of a new single-family residence and demolition of
   the existing structure on property located at 1561 Hack Avenue.
• Said that the project site is zoned R-1-10 and the property is bound to the
   requirements of the San Tomas Area Neighborhood Plan.
• Advised that the new home would be single story and include 2,631 square foot of
   living space; an attached 245-square foot two-car garage; and an approximately
   200 square foot porch. There is an accessory building that is 984 square feet. The
   total lot coverage is 31 percent. The maximum FAR allowed is .45.
• Described the architectural style as Craftsman with a simple roof design.
• Recommended the adoption of a resolution approving a Site and Architectural
   Review Permit to allow the demolition of an existing residence and construction of a
   new residence.

Commissioner Gibbons brought up the accessory structure/garage located in the back
that exceeds the 640 square foot size. How is this allowed?

Planner Tim J. Haley explained that this is not a residential unit but rather an approved
garage/workshop. Such an accessory structure can be up to 1,000 square feet in size.
There are no living quarters within this structure.

Chair Roseberry opened the Public Hearing for Agenda Item No. 4.

Mr. Christopher Lavond, Owner and Applicant:
• Explained that he purchased this lot 15 years ago not for the existing house but
   rather for the piece of land it sat on.
• Added that he wanted the building in the back to house cars, boats, etc.
• Advised that they will be able to use this structure to store their household belongs
   during construction of their new home saving the cost of a storage facility.
• Assured that they would never put in a second story as they don’t like two-story
   homes.
Campbell Planning Commission Minutes for April 22, 2008                        Page 13


Chair Roseberry closed the Public Hearing for Agenda Item No. 4.

Commissioner Ebner remarked how refreshing it is to see a single-story residence.
This is a very nice, good looking structure.

Motion:      Upon motion of Commissioner Ebner, seconded by Commissioner
             Gairaud, the Planning Commission adopted Resolution No. 3883
             approving a Site and Architectural Review Permit (PLN2008-24) to
             allow the demolition of an existing one-story single-family
             residence and construction of a new one-story single-family
             residence on property owned by Dawn and Christopher Lavond
             located at 1561 Hack Avenue, by the following roll call vote:
             AYES:        Ebner, Gairaud, Gibbons and Roseberry
             NOES:        None
             ABSENT:      Alderete, Doorley and Rocha
             ABSTAIN: None

Chair Roseberry advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.

                                          ***

Chair Roseberry read Agenda Item No. 5 into the record as follows:

5.   PLN2008-53             Public Hearing to consider the appeal (PLN2008-53) of Mr.
     Ahmed, B.              Basheer Ahmed of an Administrative Decision to deny the
                            addition of a covered porch to a previously approved Site
                            and Architectural Review Permit (PLN2006-04) for a new
                            two-story single-family residence currently under
                            construction on property owned by Mr. Basheer Ahmed
                            located at 1692 Westmont Avenue in 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

Mr. Steve Prosser, Assistant Planner, presented the staff report as follows:
• Reported that on March 27, 2008, the applicant appealed an Administrative
   Decision that denied the addition of a covered porch to a previously approved Site
   and Architectural Review Permit.
• Advised that SARC reviewed this item on April 8, 2008, and was supportive of
   adding a porch element and suggested that the applicant and staff work together to
   resolve the concerns regarding this porch.
• Stated that on April 15, 2008, a minor porch addition was proposed and approved
   at staff level.
Campbell Planning Commission Minutes for April 22, 2008                     Page 14


•    Recommended that the applicant’s request to withdraw the appeal be accepted by
     this Commission.

Chair Roseberry opened the Public Hearing for Agenda Item No. 5.

Chair Roseberry closed the Public Hearing for Agenda Item No. 5.

    Motion:      Upon motion of Commissioner Gibbons, seconded by
                 Commissioner Ebner, the Planning Commission accepted the
                 applicant’s request to WITHDRAW HIS APPEAL OF AN
                 ADMINISTRATIVE DECISION denying a Modification to a
                 previously approved Site and Architectural Review Permit for
                 property owned by Mr. Basheer Ahmed located at 1692
                 Westmont Avenue.    (4-0-3; Commissioners Alderete, Doorley
                 and Rocha were absent)

Chair Roseberry advised that this action is final.

                                            ***

Chair Roseberry read Agenda Item No. 6 into the record as follows:

6.    PLN2008-23             Public Hearing to consider the application of Ms. Jonel
      Porta, J.              Porta, on behalf of Equity Office Properties, for a
                             Modification (PLN2008-23) to a previously approved
                             Master Sign Plan (PLN2005-97) to allow a new wall sign
                             (Sugar Butter Flour) for an existing commercial tenant
                             space, previously occupied by Mrs. Field’s Cookies, on
                             property owned by Equity Office Properties located at
                             1875 S. Bascom Avenue, Unit 152, in a C-2-S (General
                             Commercial) Zoning District. Staff is 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 the applicant is seeking a Modification to a previously approved
   Master Sign Plan for the Pruneyard, which is located at S. Bascom Avenue and W.
   Campbell Avenue.
• Described the Zoning as C-2-S (General Commercial) and the General Plan land
   use designation as General Commercial.
• Advised that the Master Sign Plan was originally approved in 2004 and modified in
   2005.
• Explained that the Master Sign Plan called out 15 existing signs at the Pruneyard
   Shopping Center that were not required to comply. Mrs. Field’s was one of those
   15 exempted signs. The Master Sign Plan required that the exempted signs must
Campbell Planning Commission Minutes for April 22, 2008                        Page 15


    comply when there is an occupancy change or sign change, unless approved
    otherwise.
•   Stated that the recently installed sign is out of conformance with the Pruneyard
    Master Sign Plan.
•   Said that SARC reviewed this request on April 8, 2008.
•   Recommended that the Planning Commission find this application to be
    Categorically Exempt under CEQA and that the Commission adopt a resolution
    approving a modification to this Master Sign Plan by replacing Mrs. Field’s with
    Sugar Butter Flour on the Master Sign Plan as exempted.

Commissioner Gairaud asked how out of compliance is this sign.

Planner Steve Prosser reported that it is actually three square feet less than the total
sign area allowed under the standard City-wide Sign Ordinance but the style of sign is
out of compliance with the four possible sign types included in the Master Sign Plan.

Commissioner Gibbons asked if the illustrations show a compliant sign.

Planner Steve Prosser replied that it shows the sign “as built” and currently on the
building.

Commissioner Gibbons pointed out that the profile is different than the standard.

Planner Steve Prosser said that the metal elements and background colors are out of
conformance.

Chair Roseberry asked for clarification that the Mrs. Field’s sign that was exempted
has been taken down and replaced with what is in the packet.

Planner Steve Prosser replied correct. While they used elements of the Master Sign
Plan they didn’t exactly follow it.

Commissioner Ebner presented the Site and Architectural Review Committee report as
follows:
• SARC raised a couple of concerns/issues.
• Said that they were concerned about allowing the exception to continue.
• Asked the Pruneyard representative to provide a list of tenants who had requested
    exceptions to the Master Sign Plan but had been denied. Some of those who had
    requested and been denied included: Bank of America, Trudy’s, UPS, Boswell’s,
    etc.

Chair Roseberry opened the Public Hearing for Agenda Item No. 6.

Ms. Jonel Porta, Representative of Equity Office:
• Thanked the Commission for its time and the opportunity to review this sign
   application for Sugar Butter Flour.
Campbell Planning Commission Minutes for April 22, 2008                         Page 16


Commissioner Gibbons said that it seems very odd to not want standardized signs.
She asked Ms. Jonel Porta why they are not consistent.

Ms. Jonel Porta pointed out that this is a stand alone building. The building is painted
a cream color. The standard background for signs is also a cream color which would
make the Sugar Butter Flour sign appear washed out.

Commissioner Ebner asked if during lease negotiations this tenant could not ask that
the building be repainted in order to comply with signage.

Ms. Jonel Porta clarified that she is the landlord representative and pointed out that
they had just recently repainted the entire center. It was a matter of consistency (paint
color).

Mr. Greg Vasquez, Window Graphics Sign Company:
• Stated that Master Sign Plans typically incorporate everything in a shopping center.
• Advised that he didn’t see anything in the plan that specifically applied to this
   building, which is a stand alone building.
• Said that it is hard for the sign company to come up with what to follow.
• Added that he was told that this was an exempt building.
• Explained that the corporate logo standards for Sugar Butter Flour include rust and
   gold colors with a black frame.
• Pointed out that there are several benches and two light poles nearby in the same
   black.

Commissioner Gibbons asked if the old Mrs. Field’s sign has the same depth of frame
that he installed here for Sugar Butter Flour.

Mr. Greg Velasquez said that it is 12-inches thick, which is necessary when the sign is
internally illuminated.

Commissioner Gibbons pointed out that the standard is not for back lit signs.

Commissioner Ebner asked Mr. Greg Velasquez whether after consulting with his
client he had considered going to the City before producing their sign.

Mr. Greg Velasquez said he knew the sign complied with the City’s Sign Ordinance
and was unaware of the Master Sign Plan.

Planner Steve Prosser:
• Directed the Commission to Section D-4 on page 2 of 3 of the Master Sign Plan
   that lists the types of signs allowed.
• Pointed out that what was built does not match any of the listed types.
• Reported that staff found that the beam mounted sign, the small tenant roof-
   mounted or wall channel letter sign were potential options.
Campbell Planning Commission Minutes for April 22, 2008                           Page 17


Chair Roseberry asked if any of those were back lit.

Planner Steve Prosser said that the small beam mounted box signs are lit.

Chair Roseberry asked if this sign is most like that one.

Planner Steve Prosser replied yes.

Chair Roseberry closed the Public Hearing for Agenda Item No. 6.

Commissioner Ebner:
• Said that he is concerned about allowing exceptions.
• Reminded that the purpose of a Master Sign Plan is uniform signage.
• Said that the Pruneyard management knows this.
• Questioned why the sign company did not come to the City for review of his sign.
• Stated that he is not inclined to support at all.

Commissioner Gibbons:
• Said that on first reading, she agrees with Commissioner Ebner.
• Added that she has gained a little more tolerance from what she has learned
  tonight.
• Said that the question is either to allow this business to keep what they have
  installed or require consistency.
• Supported use of a freestanding letter wall sign keeping their letter colors. She
  could support that.
• Stated that she prefers matching but will see.
• Concluded that she is not inclined to leave as it is as it is too different.

Commissioner Gairaud:
• Said that he does not have the same experience with sign exceptions as the other
  Commissioners.
• Stated that he is inclined to give a small business owner a fair break here and keep
  what they have now.

Commissioner Ebner:
• Said that this is opening a can of worms.
• Added that this will keep coming back.
• Questioned why even have a Master Sign Plan in place if it is not enforced.

Chair Roseberry:
• Stated his agreement.
• Said that when he looked at this originally he didn’t think it was a big deal. It was
  not the same but it could be consistent if the end panels are replaced.
• Said that since this sign is on a building by itself, he can give a little slack for that
  reason.
Campbell Planning Commission Minutes for April 22, 2008                           Page 18


•   Suggested the inclusion of real filigree on the end of the sign instead of a picture of
    it on the sign.

Commissioner Gibbons:
• Said that she started that way with the need to stick to the rules, which is either
  total standard or wall individual letters.
• Added that her only hesitation is that the color scheme is different.
• Said that others were allowed to keep their signs.
• Stated that it is up to the property owner to let the tenant know of the sign
  requirements.
• Suggested that there are two good options. One is the standard wall-mounted sign
  that is back lit or the wall-mounted individual letters.
• Stated that she likes to stick to the letter of the guidelines.

Chair Roseberry said that he agrees. He said that his one hesitation is that this
building is different. It has no roofline that matches the other buildings. He asked what
sign standard the BofA building has.

Planner Steve Prosser said they are “J” on the master sign program list.

Chair Roseberry re-opened the Public Hearing for Agenda Item No. 6.

Mr. Monty Aharomovidz, Owner of Sugar Butter Flour:
• Informed the Commission that he has invested in this specific sign and had no
   ideas of the requirements.
• Added that this is fairly similar to other signs at the Pruneyard and represents his
   business identity.

Commissioner Ebner:
• Said that he is sympathetic.
• Added that it was the landlord’s job to tell him of the Master Sign Plan. They
  should have provided the details as they certainly know the rules. He should be
  talking to them for a remedy.
• Stated that he feels badly for this business owner.

Ms. Julie Petit, Representative for Equity Office:
• Explained that they created the Master Sign Plan and still support it.
• Said that there are times when they need the Commission’s help and support on
   these exceptions.
• Reminded that this is a stand alone building.
• Pointed out that they have turned down other requests for exceptions from seven to
   eight other tenants.
• Said that as the landlord they have to consider these conditions.

Commissioner Ebner asked how long the tenant’s lease is for.
Campbell Planning Commission Minutes for April 22, 2008                         Page 19


Ms. Julie Petit replied five years.

Chair Roseberry re-closed the Public Hearing for Agenda Item No. 6.

Chair Roseberry:
• Said that the intent of the Master Sign Plan is to achieve a consistent look. Some
  existing tenants had the privilege to be grandfathered in.
• Stated that in the future, different tenants were to bring the signs into conformance
  with the Master Sign Plan.
• Said that it appears that this building did not seem to have a sign type assigned to it
  that strongly.
• Added that this is real close to being a consistent sign.

Commissioner Gibbons:
• Said that she is confident that there was no intent to bypass things.
• Added that she did not think that the property owner handled it well but can’t make
  any assumption.
• Agreed that it might not be easy to modify the existing sign.
• Advised that she is inclined to be a little flexible given the vagaries.
• Said that she would like to know if the ends of this existing sign could be changed.

Chair Roseberry pointed out that sign exceptions are usually to allow more or larger
signs, which is not the case here. He said that the Commission wants to send a strong
message to Pruneyard management that it does not want to see this situation again.

Commissioner Ebner:
• Said that Ms. Jonel Porta had said that they were hopeful the sign could be
  supported.
• Reminded that there are four categories of sign types and this sign did not fit any of
  those categories.
• Added that the fact that the building color blended is one that they can solve by
  changing it.
• Said that this request is opening Pandora’s Box.
• Stated that he feels terrible for this business owner who was misled.
• Said that he prefers a hard stand and changes to achieve compliance if possible.

Chair Roseberry re-opened the Public Hearing for Agenda Item No. 6.

Commissioner Gibbons asked Mr. Greg Vasquez if the filigree on the ends that are
current graphic could be modified to add real filigree.

Mr. Greg Vasquez, Window Graphics Sign Company, replied absolutely.
Campbell Planning Commission Minutes for April 22, 2008                          Page 20


Acting Director Jackie C. Young Lind:
• Advised that staff has asked twice for the new paint colors for this shopping center
   for the file.

Chair Roseberry re-closed the Public Hearing for Agenda Item No. 6.

Commissioner Ebner asked Planner Steve Prosser if of the four sign styles is this one
that would be back lit.

Planner Steve Prosser said yes. It is internally illuminated box sign that is consistent
with the beam-mounted sign.

Commissioner Gibbons:
• Said that she is willing to approve a modified sign with the box frame articulated
  with real filigree on the ends. With that change, it is in essence consistent with the
  guidelines.
• Said that she would propose to add a condition to provide the City with the current
  color palette of the shopping center.
• Added that all future signs and colors of building are to be provided to the City in
  advance.

Planner Steve Prosser advised the Commission that upon further review of the Master
Sign Plan document, an illuminated box would not be allowed.

Commissioner Gibbons clarified that means nothing internally lit.

Chair Roseberry agreed that all center signs are very thin with no internal lighting.

Commissioner Gibbons said that they can simply shut off the light but would need an
external light.

Chair Roseberry re-opened the Public Hearing for Agenda Item No. 6.

Mr. Greg Velasquez said that they could use an internally illuminating light with halo,
which consists of an opaque face with plexi glass letters that are pushed through.

Chair Roseberry clarified that the letters light up but the background is opaque.

Chair Roseberry re-closed the Public Hearing for Agenda Item No. 6.

Commissioner Gibbons suggested a revision to a potential motion to accept the sign
as a box sign with articulated filigrees on the ends. The letters only would be
illuminated to create a halo effect. The property management company will also be
required to submit paint colors and sign applications in advance in the future.

Acting Director Jackie C. Young Lind said that it is unfortunate that this has come to
this for a new business in Campbell. She added that City staff is very welcoming.
Campbell Planning Commission Minutes for April 22, 2008                         Page 21


Chair Roseberry said that this again goes back to the landlord. He can’t rationalize
them not working with the City. If it happens again, the Commission will be tough.

Motion:      Upon motion of Commissioner Gibbons, seconded by
             Commissioner Gairaud, the Planning Commission adopted
             Resolution No. 3884 approving a Modification (PLN2008-23) to a
             previously approved Master Sign Plan (PLN2005-97) to allow a new
             wall sign (Sugar Butter Flour) for an existing commercial tenant
             space, previously occupied by Mrs. Field’s Cookies, on property
             owned by Equity Office Properties located at 1875 S. Bascom
             Avenue, Unit 152, by the following roll call vote:
             AYES:       Gairaud, Gibbons and Roseberry
             NOES:       Ebner
             ABSENT:     Alderete, Doorley and Rocha
             ABSTAIN: None

Chair Roseberry advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.

                                          ***

Chair Roseberry read Agenda Item No. 7 into the record as follows:

7.   PLN2008-17             Public Hearing to consider the application of Ms. Merat
     Ayalew, M.             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 the applicant is seeking a Conditional Use Permit to establish a
   commercial day care serving 30 children within an existing church building located
   on the east side of Virginia, between Bucknall and Rincon.
• Advised that the General Plan land use designation is Institution and the Zoning
   designation is P-F (Public Facilities). This proposed day care use is consistent with
   issuance of a Use Permit.
• Explained that no exterior changes are proposed.
• Said that operational hours would be between 6 a.m. and 7 p.m., Monday through
   Friday. Outdoor activities would be restricted to between 8 a.m. and 7 p.m.,
   Monday through Friday.
Campbell Planning Commission Minutes for April 22, 2008                         Page 22


•   Stated that there are 38 spaces required for this property and 28 are provided,
    leaving a parking deficiency of 10 spaces. The parking standard for a day care
    requires one space for every employee and one space for every 5 children. The
    maximum staffing count would be five resulting in a parking demand of 11 spaces
    for this day care.
•   Said that the parsonage also has available parking and staff believes that on-site
    parking is adequate for this use.
•   Reported that the City’s Traffic Engineer has reviewed this project site and made
    the determination that traffic and circulation would be adequate to serve a day care
    with 30 students and five staff.
•   Informed that letters and a petition in opposition to this proposed day care have
    been provided this evening as a table item.
•   Said that there was no SARC review.
•   Recommended that the project be deemed Categorically Exempt under CEQA and
    that a resolution be adopted approving this Conditional Use Permit.

Commissioner Ebner asked about the traffic study. He said that Virginia is a heavily
traveled cut through street. He asked if there was a traffic count available.

Planner Steve Prosser reported that Virginia Avenue is a residential collector street. It
has 1,836 vehicle trips per day that would increase to 1,968. At peak traffic (5 to 6
p.m.), there are 212 vehicles. Capacity for a two-lane collector is 1,700 trips. The
LOS (Level of Service) is rated as “C”.

Commissioner Ebner said it appears the petition has been signed by approximately 61
residents.

Commissioner Gibbons asked if there was a community meeting held by this applicant.

Planner Steve Prosser replied no.

Chair Roseberry pointed out that in 1972 a Conditional Use Permit was approved for a
commercial day care serving 30 children but it was never used.

Planner Steve Prosser said the day care was never established.

Commissioner Gibbons asked if it was approved at that time with a shortage in
parking.

Planner Steve Prosser said that this church site was approved with more parking that
can currently be found on site. He said he is not sure why.

Commissioner Gibbons said it could be because the lot was restriped differently.

Planner Steve Prosser agreed.
Campbell Planning Commission Minutes for April 22, 2008                     Page 23


Commissioner Ebner inquired whether this church is the landlord or is it actually
running this day care.

Planner Steve Prosser said that the church was the landlord.
Commissioner Ebner asked again if they were also the operator.

Planner Steve Prosser said no there is a private operator.

Chair Roseberry opened the Public Hearing for Agenda Item No. 7.

Mr. Mehran Zargari, Resident on Virginia:
• Stated that he has serious concerns.
• Reported that already two churches operate on this site. There is also a rental
   home. There are a large number of cars, traffic and noise.
• Said that 30 children and five staff will compound the existing uses.
• Questioned how many uses can be operated on one property. There has to be a
   limit. This one is being overused and results in an intrusion on his property and
   privacy.
• Said his house is built on an angle and from the subject property there is a clear
   view of his first floor and two rooms upstairs.
• Added that he has noise concerns.
• Reported that over 60 people signed the petition against this day care.
• Advised that behind this facility there is San Tomas Aquino Creek, which at times
   has a high level of water. This is an accident waiting to happen to have children
   nearby.
• Stated his objection to this proposal.

Commissioner Ebner asked if there was a fence separating the site from the creek.

Mr. Mehran Zargari said that there is a six-foot chain link fence.

Commissioner Ebner asked if this is a two lane street.

Mr. Mehran Zargari replied yes.

Commissioner Ebner pointed out that there are already 200 cars passing by on
Virginia.

Mr. Mehran Zargari said this day care would bring additional traffic in and out of
Virginia.

Commissioner Gairaud asked how long he has lived across the street from this church.

Mr. Mehran Zargari replied since 1988.

Commissioner Gibbons asked how often he hears live music from the site.
Campbell Planning Commission Minutes for April 22, 2008                        Page 24


Mr. Mehran Zargari admitted it was not very often and was for the church services.

Mr. John Polo, Resident on Virginia:
• Said that he lives on the west side of the project site and has since 1983.
• Said that there has been increased traffic and noise and an additional stop sign.
   Christopher Avenue is a speed enforced area.
• Stated that there are many church activities.
• Said that his driveway is directly across from the playground area that will result in
   children’s voices and noise from the playground.
• Said that this use would not fit this neighborhood due to noise and traffic.
• Distributed photographs he had taken of a church sale that happened on site from
   7 a.m. to 5 p.m.
• Said that he can handle activity on site on the weekends but not seven days a
   week. That is pushing it.

Commissioner Ebner:
• Pointed out to Mr. John Polo that while he has resided in the neighborhood since
  1983, this church has been there since the 1950’s. They knew it was a church and
  if there was a concern about proximity of living next to a church it might have given
  him pause to look elsewhere.
• Asked Mr. John Polo if he works from home. If not, how will he be impacted by
  noise when he is away at work?

Mr. John Polo explained he works Mondays and Wednesdays.

Mr. David Meyer, Resident on Virginia Avenue:
• Said that his home is located at 45 degrees from the site.
• Stated that this is a heavily traveled street.
• Questioned how old are the traffic counts provided.
• Said that traffic travels fast and it is hard to back out of his driveway.
• Added that Greenhill Manor, a convalescent home, is next door.
• Opined that the 1972 permit is irrelevant today.
• Said that this applicant made no effort to reach out to the community.
• Said that traffic is crazy between 4 p.m. and 7 p.m. and increasing that could have
   an adverse impact on property values.
• Declared himself to be 100 percent opposed to this Use Permit.

Ms. Loretta Meyer, Resident on Virginia Avenue:
• Offered a background on Virginia. It has two churches, one senior facility, two local
   parks (John D. Morgan and a small neighborhood park), and three stop signs.
   There is high foot traffic. There are no 25 mile per hour (mph) signs painted on the
   street although they used to be there. There are 25 mph signs.
• Said that Virginia Avenue is a high traffic area.
• Added that drivers drive unsafely as if it were a race track. They don’t stop at stop
   signs and drive at least 35 mph.
• Said that this proposed day care would add 30 more cars to the mix.
Campbell Planning Commission Minutes for April 22, 2008                         Page 25


•   Advised that there are seven registered sex offenders in the immediate area.
•   Added that her young daughter is not allowed to play outside.
•   Agreed that she was aware there was a church when she moved into this
    neighborhood and expected their activity to be limited to Sundays. She was also
    prepared for the senior facility. However, she will not support a day care due to the
    negative impact on herself, her family and Campbell.

Ms. Linda Dimmers, Resident on Christopher Avenue:
• Agreed that there would be traffic impacts as a result of the increased traffic
   brought about by this new day care facility.
• Said that she is very upset about the idea of increased traffic.
• Added that noise will have even more of an impact.
• Advised that she lives behind the previous speakers.
• Concluded that she would like to keep this neighborhood quiet instead of being
   disturbed all day long.

Mr. Eric Kossob, Resident on Bucknall Avenue:
• Said that he has the same concerns.
• Questioned the available square footage per child. In 1972 the required amount
   was 32 square feet per child. The proposed floor plan shows three classrooms with
   about 400 square feet each.
• Added that he cannot imagine a rainy day when children would not be able to go
   outside.
• Suggested that the requirements for a day care facility be revisited.
• Explained that his wife is a teacher.
• Added that he has compassion for the church that is trying to help people out.

Chair Roseberry closed the Public Hearing for Agenda Item No. 7.

Commissioner Ebner:
• Said that the comments that he is hearing tonight are typical.
• Agreed that Campbell has traffic problems everywhere and new uses compound
  that problem. That is the way things are today.
• Reported that he lives on a street adjacent to the Campbell Community Center
  (former Campbell High School) near the bleachers. There is spillover parking on
  his street when bigger events occur there.
• Stated that he is sympathetic with traffic problems.

Commissioner Gibbons:
• Said that this is a good evening for community participation and dialog with
  neighbors.
• Advised that typically a day care’s allowed number of students is dictated by State
  law.
• Added that with this Use Permit this day care could have no more than 30 children.
Campbell Planning Commission Minutes for April 22, 2008                          Page 26


•   Reported that in the past, day care facilities have been required to have traffic
    management plans including how cars will come onto the site. It could require
    parents to park and walk their children into the school.
•   Said that speakers did an excellent job giving this Commission a context about the
    general character of the whole street including its traffic problems.
•   Expressed a concern with the proposed circular driveway.
•   Informed that several members of this Commission also live near schools.
•   Said that some of the issues raised about traffic patterns and problems should be
    reported to the Campbell Police Department. It is a good Police Department and
    residents should feel free to contact them.
•   Stated that the day care could be required to install a solid fence to enclose the
    play yard and help block off noise.
•   Suggested that this is not a well thought out project. While it might be easy to have
    it approved on a superficial basis, the character of the neighborhood has to be
    taken under consideration.
•   Stated that the number of students, traffic patterns and play area could be
    controlled but she is not sure that would do it for her.
•   Said that the traffic impact complicates the general activity on that site. Traffic is
    too much. The play area is not well thought out or controlled.
•   Concluded that she cannot support this application at this point.

Commissioner Gairaud:
• Advised that his biggest concern is the circular driveway.
• Said that there would be parking on the street and this would make it even less
  desirable to have children in that area.
• Said that he would have liked an opportunity to question the applicant.
• Expressed concern about the narrow driveway.

Commissioner Ebner asked to have the applicant come up.

Chair Roseberry:
• Said that he agrees with much of what Commissioner Gibbons said.
• Cautioned that some of the concerns don’t relate specifically to this project.
• Assured that the Police want to be called if there are traffic and safety issues. They
  do listen.
• Advised those in attendance that the members of this Commission all live in
  Campbell. They volunteer their time as members of the Planning Commission.
• Added that as a Commission they deal with growth issues that Campbell has, the
  growing pains.
• Reiterated that many of the existing concerns are not tied to any one project but
  rather growth in general in the City of Campbell.
• Pointed out that blocking a route in one place ends up with the impacted traffic
  simply diverting to another street.
• Said that projects cannot be held hostage to pre-existing conditions.
• Said that this location offers a decent size lot and is bounded by mostly non-
  residential uses including the Water Works, drainage and the senior facility.
Campbell Planning Commission Minutes for April 22, 2008                        Page 27


•   Added that the lot is narrow and difficult to come in and out of but that a solution
    can be found.
•   Agreed that a traffic management plan would be appropriate that includes rules for
    the drop off and pick up of children.
•   Assured that parents will listen to those requirements.

Commissioner Ebner:
• Stated that he is glad that the neighbors came tonight to discuss their concerns.
• Added that this neighborhood is not alone in its suffering. Many neighborhoods are
  being impacted with growing traffic.
• Agreed that there is a concern over the proposed circular driveway.
• Suggested the need for some sort of traffic study.
• Stressed the importance of protecting kids as well as keeping the neighbors
  content.
• Asked Mr. Yousuf Hamid if he had taken the issue of dropping off children into
  account when planning this site for his day care.

Mr. Yousuf Hamid, Applicant’s Representative:
• Explained that his architect recommended the circular driveway but if it is of
   concern it could be removed.
• Reported that he and his wife have been in the day care business for 10 years.
• Assured that he is not here to do damage to this neighborhood. They are here to
   service the community and educate children.
• Added that he understands the neighbors’ concerns about their neighborhood. He
   shares their concerns.
• Said that he would operate a day care/pre-school for 30 children.
• Advised that the children have staggered drop off times that are spread out
   throughout the day.
• Stated that there are 28 parking spaces on site and there should be no traffic
   impact as there would likely be no more than three or four cars arriving at any time.
• Reported that the children in his day care are not allowed to scream unnecessarily.
• Pointed out that the play area is a good distance away from most residential
   neighbors.
• Added that not all 30 kids would be using the play area at the same time. There
   will be three classes and 10 children at a time would be in the play area for recess.
• Assured that it is not difficult to manage this.
• Promised that he would not be a bad neighbor, saying that he and his wife are easy
   to work with and responsible. They are willing to work with neighbors.
• Reiterated that they are not there to change the character of this neighborhood to
   meet their standards but rather want to help keep the neighborhood as it is.
• Stated that it is clear that there are existing bad driving habits. He did not create
   that situation and will work with his students’ parents to make sure they do not add
   to any existing problems.
• Said again that he can work out issues with these neighbors.
Campbell Planning Commission Minutes for April 22, 2008                       Page 28


•   Stated that providing the best education possible for children is not bad for a
    neighborhood.
•   Added that 20 to 30 percent of the children are from the same family. These sibling
    groups would again reduce the traffic coming on site.
•   Said that should there ever be danger of the creek behind overflowing, they would
    have staff available to ensure the safety of their students.
•   Said that he and his wife love children and are the parents of three of their own.
•   Stated that day care is not an easy business.
•   Said again that they are not trying to destroy the neighborhood and the neighbors
    could always come to them with their concerns.

Commissioner Gibbons asked Mr. Yousuf Hamid if he was willing to conduct a
neighborhood meeting.

Mr. Yousuf Hamid replied sure, anything to help.

Commissioner Gibbons asked Mr. Yousuf Hamid where his current location is right
now.

Mr. Yousuf Hamid said that they are at 229 Budd Avenue.

Commissioner Gibbons asked Mr. Yousuf Hamid the ages of his current students.

Mr. Yousuf Hamid said that they range in age from one to five years of age and there
are after school kids who are helped with their homework.

Commissioner Gibbons asked why the need to open at 6 a.m.

Mr. Yousuf Hamid said that the 6 a.m. start time is a worse case scenario. Most
students come after 7 a.m. and leave by 6 p.m. The added hours are in the event of
an emergency where parents must leave for work early or come pick up their children
later than usual.

Commissioner Gibbons related to Mr. Yousuf Hamid a great success story that was
the establishment of a Montessouri School on Latimer Avenue. There was a
significant challenge by surrounding residents when this Use Permit was processed.
In response they developed a traffic plan. She asked Mr. Yousuf Hamid if he would be
able to implement such a traffic plan.

Mr. Yousuf Hamid said that he is open to not offend his neighbors and reiterated that
the number of cars would be small at any given time.

Commissioner Gibbons said that if the recommendation were to be against the circular
driveway, perhaps instead there can be a right turn only configuration with right turns
onto the site and right turns off the site only.

Mr. Yousuf Hamid said sure.
Campbell Planning Commission Minutes for April 22, 2008                       Page 29


Commissioner Gibbons asked if there would be play equipment proposed.

Mr. Yousuf Hamid said no large play structures that overlook neighbors were
proposed.

Commissioner Gibbons asked Mr. Yousuf Hamid if he supports the concept of a solid
fence across the front to control noise.

Mr. Yousuf Hamid said he could consider that request. He said that he has a picture to
show to the Commission the distance of the play area from the residential neighbors.

Commissioner Gibbons asked Mr. Yousuf Hamid if he could start with 10 students and
see how that works first before expanding to more students.

Mr. Yousuf Hamid said that he could not afford the space to serve just 10 students.

Commissioner Gibbons said that she understands but that it would be one way of
introducing this use into this neighborhood.

Mr. Yousuf Hamid said that it would be very difficult and the lease cost would not be
covered.

Commissioner Gairaud asked Mr. Yousuf Hamid how many students he has at this
time.

Mr. Yousuf Hamid replied 14.

Commissioner Gairaud asked Mr. Yousuf Hamid if he ever takes the children over to
use John D. Morgan Park or do they stay on the premises.

Mr. Yousuf Hamid said that they stay on site.

Commissioner Gairaud verified from Mr. Yousuf Hamid that he is leasing space from
the church but is not a part of the church.

Mr. Yousuf Hamid replied yes.

Chair Roseberry re-closed the Public Hearing for Agenda Item No. 7.

Chair Roseberry:
• Stated that there are pluses and minuses.
• Said that the Commission needs to be careful that it does not blame existing ills on
  this project.
• Reminded that this property has a P-F (Public Facilities) zoning designation.
• Added that with the relatively young age of these children, they are less mobile.
Campbell Planning Commission Minutes for April 22, 2008                         Page 30


•   Said that there is a need to nail down a traffic management plan for this school and
    one option might be to have northbound on Virginia only with right turns in and right
    turns out.
•   Said that the safety of the children is of primary concern.

Commissioner Ebner:
• Reminded that sibling groups reduce the number of cars that need to come to this
  school as does the staggered arrival times and departure times.
• Said that the fact that it creates some traffic is a moot point.
• Agreed that the creation of a right turn only traffic pattern, disallowing drop offs at
  the curb and provision of enough parking spaces to park and walk students to class
  would be beneficial.
• Added that the student recess times would be split into three small groups.

Commissioner Gairaud:
• Said that he has been involved recently in the drop off and pick up of children.
  Drop off is not a problem. Pick up is more so.
• Agreed that a right turn only configuration might alleviate some problems but said
  he feels many parents will simply park on Virginia and cross the street with their
  children.

Chair Roseberry said that the rules can be pretty well enforced.

Commissioner Gairaud said that they would park on the opposite side of the street if
they need to go west.

Commissioner Gibbons:
• Said that parent participation would be necessary to make it work.
• Added that she cannot support this request with the information available this
  evening.
• Expressed support for a continuance with the requirements to provide:
     o A clear traffic management plan.
     o Consider opening at 7 a.m. rather than 6 a.m.
     o Refining the operational plan.
     o Clarify the students’ ages.
     o Clarify the sibling groups.
     o More clear design for the play area.
     o Identify the number of children out to play at any given time.
• Reiterated the need for a clear operational plan, a definition of the student
  population, a written traffic plan, and an agreement for parents to sign.
• Pointed out that the Use Permit goes with the property and not the operator.
• Said that is a sensitive point of Use Permits.
• Suggested a time limit as well as a limit of extraneous events the church can have.
• Added that the church should also close its doors when they are having music.
• Said she does not want to say no but cannot yet say yes to this.
Campbell Planning Commission Minutes for April 22, 2008                       Page 31


Chair Roseberry re-opened the Public Hearing for Item No. 7.

Mr. Mehran Zargari reminded the Commission that so many of the neighbors oppose
this use. Added that it is the fourth operation on this one site. It results in so much
noise, traffic and population.

Mr. David Meyer:
• Said that comparing this day care with the Montessori on Latimer is like comparing
   apples and oranges. That school is in a high-density residential area.
• Reminded that Greenhill Manor is a commercial enterprise.
• Suggested that the neighbors are being patronized here.
• Added that this day care is also a business enterprise.
• Said that he is not blaming this business for existing traffic. He is trying to keep
   that traffic from getting worse.

Chair Roseberry asked Mr. Yousuf Hamid if he is agreeable to a continuance.

Mr. Yousuf Hamid asked how long.

Acting Director Jackie C. Young Lind said four weeks to May 27, 2008.

Mr. Yousuf Hamid agreed.

Motion:       Upon motion of Commissioner Gairaud seconded by Commissioner
              Gibbons, the Planning Commission CONTINUED CONSIDERATION
              TO ITS MEETING OF MAY 27, 2008, a request for a Conditional Use
              Permit (PLN2008-17) to establish a new day care facility serving up
              to 30 children consisting of 1,541 square feet of an existing church
              building on property owned by Campbell Community Church of God
              of Prophecy located at 250 Virginia Avenue. (4-0-3; Commissioners
              Alderete, Doorley and Rocha were absent)

Chair Roseberry asked staff to clarify the direction for the applicant.

Acting Director Jackie C. Young Lind listed the following:        prepare a traffic
management plan; provide student population statistics; provide a more detailed
operational plan; provide a playground plan and operational plan; outreach to the
neighbors; preparation of a parent agreement and provide clarification of the church
activities.

                                            ***

REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR

The written report of Ms. Jackie C. Young Lind, Acting Director, was accepted as
presented with the following additions:
Campbell Planning Commission Minutes for April 22, 2008                      Page 32


•   Reported that on April 15, 2008, Council gave second reading of both the
    Ordinance on public assembly and health and fitness uses in industrial zoning
    districts and the Density Bonus Ordinance. Council also announced the City’s final
    certification as a Green Business.
•   Advised that Council has sent back the mixed-use development at Winchester and
    El Caminito to the Planning Commission for consideration of a revised two-story
    design.
•   Said that Council proclaimed the month of May as Historic Preservation Month.
•   Stated that on May 13, 2008, the Planning Commission agenda will include two
    items: a residential addition on Kenneth and the return of the proposed townhome
    development on Union.

ADJOURNMENT

The Planning Commission meeting adjourned at 11:10 p.m. immediately to a Study
Session and subsequently to the next Regular Planning Commission Meeting of May
13, 2008.


SUBMITTED BY:       ______________________________________
                    Corinne A. Shinn, Recording Secretary



APPROVED BY:        ______________________________________
                    Bob Roseberry, Chair



ATTEST:             ______________________________________
                    Jackie C. Young Lind, Acting Secretary

				
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