PLANNING COMMISSION MINUTES OF 11-10-03

2002-0430  - Jerry Wang [Applicant] Su Tong [Owner] - Application for a Use Permit on a 27,007 square foot site to expand the hours of operation at an existing educational facility. The property is located at 970 West El Camino Real in a C-2 (Highway Business) Zoning District. (APN: 201-19-026) CC

Christine Cannizzo, project planner, presented the staff report. She summarized the proposed application to modify the conditions with the expansion of hours for classes. A parking analysis was completed indicating that the proposed use would require 52 spaces. As there are only 34 spaces on-site it would be deficient in parking. With the recommended conditions, staff was able to make the required Findings and recommended approval of the Use Permit.

Chair Babcock opened the public hearing.

Jerry Wang, on behalf of the applicant, expressed concerns about the conditions of approval. He noted that even if the parking agreement is two blocks away, the students are required to observe the policies for student conduct. He did not feel the use of parking two blocks away from the school would be an issue. He stated that they have parking agreements for 121 spaces, and suggested a revised condition that they must have agreements for 60 spaces at any time.

Comm. Chu asked how many parking spaces are available at 964 El Camino Real. Mr. Wang responded that they have 58 parking spaces with 24 in the rear. Mr. Wang noted that they currently have 20 empty parking spaces.

Comm. Chu asked staff about the locations associated with the various parking agreements. Ms. Ryan indicated that one site is adjacent, another is a church about two blocks away, 10 spaces would be across the street and another 23 spaces are south on Mary.

Comm. Chu asked for clarity on surplus parking spaces. Staff was unable to determine how spaces are needed for those sites to function or if there are extra spaces available to benefit the applicant.

Comm. Hungerford clarified that the site would be short 20 spaces. Staff said yes, and explained that the concern with the agreements, as presented, is that they could be terminated at any time.

Mr. Wang suggested a modification to the conditions to require agreements for 60-80 shared parking spaces to achieve a guarantee.

Thom Mayer, resident, noted that he is a frequent visitor to the auto business nearby and suggested a Transportation Demand Management (TDM) program of 40% and/or require staff and students to receive a VTA bus pass. He noted the school, with the bus pass, can encourage the use of the bus since there is bus stop in front of the school. The TDM program would have staff and students use bus, and bicycle for a convenient location.

Comm. Chu asked the applicant if he would be amenable to a condition that employees park on the site and they would use the alternative sites. Mr. Wang indicated he would be amenable.

Su Tong, Owner, assisted by Jerry Wang, indicated her English was not good but she would provide some comments. She did not have any problem with employees parking off-site and felt that the agreements would work for their university. She spoke about the benefits of the East West University.

Yang Q. Wang, President of the East West University, commented that with the parking agreements and requiring staff and students to park at the church, the school would meet the parking requirements.

Chair Babcock closed the public hearing.

Vice Chair Moylan clarified with staff that it appears that there is already a subsidize travel agreement for the university. Ms. Ryan stated that the applicant had so indicated, and that the Planning Commission could make it a requirement.

Vice Chair Moylan discussed the parking requirements, and asked if there could be a condition that provided flexibility in the number of students based on the amount of parking. Staff explained how the parking was calculated, based on both the site square footage characteristics and the operational aspects as presented by the applicant.

Ms. Ryan explained that the staff recommendation was intended to avoid the issue of expiring agreements by having recorded agreements.

Vice Chair Moylan made a motion on Item #2002-0430  to approve the Use Permit with conditions plus require the existing transit subsidy program be continued. Comm. Chu seconded.

Comm. Chu offered a friendly amendment that the parking agreement with the church could be used for staff parking, which would modify the other conditions accordingly. Accepted by the maker.

Comm. Hungerford indicated he liked the amendment, as two blocks is not too far for staff to walk. Chair Babcock concurred with Comm. Hungerford.

 

Final Motion:

Vice Chair Moylan made a motion on Item #2002-0430  to approve the Use Permit with conditions plus require the existing transit program transit subsidy be continued, and allow an agreement with the church for employee parking, adjusting other conditions accordingly. Comm. Chu seconded.

Motion carried 4-0 with Comms. Lee, Simons and Swegles absent.

Ms. Ryan stated that the decision is final unless appealed to City Council within the 15-day appeal period.