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PC Min - 04/24/2012CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 24, 2012 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 24, 2012, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Alster and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioners Absent: Commissioner: Staff Present: Planning Manager: Associate Planner: Assistant Planner: City Attorney: Traffic Engineer: Recording Secretary APPROVAL OF MINUTES Theresa Alster Philip C. Reynolds, Jr. Brian Brennan Mark Ebner Paul Resnikoff Bob Roseberry Elizabeth Gibbons Paul Kermoyan Steve Prosser Daniel Fama William Seligmann Matthew Jue Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Resnikoff, the Planning Commission minutes of the meeting of April 10, 2012, were approved. (4-0-1-2; Commissioner Gibbons was absent and Chair Alster and Commission Ebner abstained) COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for April 24, 2012 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Alster read Agenda Item No. 1 into the record as follows: 1. PLN2012-73 Public Hearing to consider the application of Cafe Artemis for a Cafe Artemis Conditional Use Permit to allow general alcohol sales in conjunction with an existing restaurant on property located at 1875 S. Bascom Avenue, Suite 300, 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: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that this project is located within the Pruneyard Shopping Center, between Trudy's and Barnes & Noble. The Zoning is C-2 (General Commercial) and the General Plan land use designation is General Commercial. • Explained that this existing restaurant is one of 18 allowed restaurants under the 1994 Master Conditional Use Permit for the Pruneyard Shopping Center. • Said that this restaurant obtained a Use Permit for beer and wine sales in 2004. They now seek a general alcohol sales license. The restaurant closes at 10 p.m. Additionally, they will be expanding this restaurant into the adjacent retail space increasing the square footage from 2,200 to 3.300 square feet. While most of the new space will remain as it is, there will be the partial removal of a demising wall. Overall eating capacity will be increased by 18 new seats going from the existing 60 to 78 seats. Seating includes a new 11-seat bar to be located at the front left of the expanded space. There is no change proposed for the outdoor seating area that was approved for 28 seats with the 2004 Use Permit. • Reported that staff evaluated this request for consistency with the zoning as well as with the Pruneyard Shopping Center's Master Use Permit and found this proposed expansion to be consistent with both. • Informed that this will be the 9th restaurant with general alcohol sales. Explained that the impact on parking was considered and the limited increase of seating to a maximum of 18 additional seats was reached based on parking required for retail uses. • Stated that in evaluating this proposal, staff found that the operational characteristic of this existing restaurant and the proposed expansion does not represent the Campbell Planning Commission Minutes for April 24, 2012 Page 3 creation of a bar. The bar area is incidental to the restaurant space. The principal operation is that of a restaurant. The hours of operation are to 10 p.m. • Said that mandatory findings are required to support general alcohol sales. • Stated that the Police Department reviewed this application and had no issues as long as it closes by 11 p.m. • Recommended approval. Commissioner Brennan asked if there is any alcohol service at this time for this existing restaurant. Planner Daniel Fama said that they have had a beer and wine license since 2004. Commissioner Brennan said that other than the eight restaurants with the general alcohol license are there any others will alcohol sales. Planner Daniel Fama said that there are a few with beer and wine licenses. Commissioner Brennan asked how many of the 18 allowed restaurant uses under the Pruneyard's Master Use Permit are in place now. Planner Daniel Fama said that they have 18 with some sort of food service. Not all are traditional restaurants. Some like Barnes and Noble have incidental food service. The definition of restaurant is a little loose. Commissioner Reynolds questioned the total number of additional seats as he sees more than 18 depicted on the site plan for the expanded space. Planner Daniel Fama explained that some of the existing seating in the original space is being shifted into the new space but the total seating expansion is increasing by only 18. Chair Alster opened the Public Hearing for Agenda Item No. 1. Mr. Gokmen Ekmekei, Owner & Applicant: • Introduced himself as the owner of Cafe Artemis. • Said he was available for any questions. Chair Alster closed the Public Hearing for Agenda Item No. 1. Commissioner Reynolds: • Said that he did a site visit and this is a nice restaurant. • Stated that the proposed expansion will be a good addition to the Pruneyard. • Advised that he has no problem with alcohol sales within a restaurant. • Said that he would support this request. Campbell Planning Commission Minutes for April 24, 2012 Page 4 Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4058 approving a Conditional Use Permit to allow general alcohol sales in conjunction with an existing restaurant on property located at 1875 S. Bascom Avenue, Suite 300, subject to the conditions of approval, by the following roll call vote: AYES: Alster, Brennan, Ebner, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Gibbons ABSTAIN: None Chair Alster advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Commissioner Brennan said that he must recuse from participating on the next hearing item due to a conflict of interest. He left the dais and chambers. Chair Alster read Agenda Item No. 2 into the record as follows: 2. PLN2012-21 Public Hearing to consider the application of Mr. John Miller for Miller, J. a Modification to a previously approved Conditional Use Permit to establish a new pre-school program with a maximum enrollment of 20 children at St. Lucy's School on property located 76 Kennedy Avenue in a P-F (Public Facilities) 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: • Explained that the project site is located on the west side of Winchester, between the Light Rail station and Kennedy Avenue. • Added that the site contains an existing office/assembly building known as Building A that houses administrative offices and before and after-school care. • Reported that in 1978 St. Lucy's applied for a Modification of Use Permit. The school itself had actually been established prior to the requirement for a Use Permit but in 1978 it expanded thus requiring approval of a Use Permit at that time. • Advised that in 1998, the school processed a Modification to add classroom space to house a new Science building. • Explained that tonight's request is to establish a new use within an existing building. This Conditional Use Permit for Building A will require an interior remodel and minor exterior remodel. The use will have a maximum enrollment of 20 students with three employees and operate between 8 a.m. and 3 p.m., Monday through Friday. The minor interior modification will create a 136 square foot indoor Campbell Planning Commission Minutes for April 24, 2012 Page 5 play area that exceeds the minimum requirement of 35 square feet per child. Additionally, the applicant will convert existing landscape area into an outdoor play area that also exceeds the minimum standard set by both the State and the City. • Reported that the parking requirement is one space per employee and one space for every five children. Therefore, eight spaces are required for this use. • Said that there is an existing surplus of available parking between 8 a.m. and 4 p.m. The applicant is proposing 15 spaces for use in the drop off and pick up solely for daycare children. Delivering children to daycare requires parents to accompany their child indoors to sign them in. • Recommended that the Commission find this project to be Categorically Exempt under CEQA and that they adopt a resolution approving a Modification to the existing Conditional Use Permit to allow the establishment of a 20-child daycare. Chair Alster opened the Public Hearing for Agenda Item No. 2. Ms. Jennifer Martin, Principal of St. Lucy's School: • Introduced her associate, Nicole Quinn, who is the Pre-K Director. • Said that they are happy to request this project that parents are preparing to fund. • Explained that St. Lucy's currently has 311 students enrolled. Ten of their families are planning to enroll younger children in this new daycare. • Reported that they would have staggered drop off times between 8 and 9 a.m. • Stated that it would be helpful to their families to be able to bring their younger children to the same location as their older siblings. • Said that they are available for any questions. Chair Alster closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 4059 approving a Modification (PLN2012-21) to a previously approved Conditional Use Permit to establish a new pre-school program with a maximum enrollment of 20 children at St. Lucy's School on property located 76 Kennedy Avenue, by the following roll call vote: AYES: Alster, Ebner, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Gibbons ABSTAIN: Brennan Chair Alster advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Commissioner Brennan returned to the chambers and dais. *** Campbell Planning Commission Minutes for April 24, 2012 Page 6 Chair Alster read Agenda Item No. 3 into the record as follows: 3. PLN2011-312 Public Hearing to consider the application of Mr. Sean Murphy PLN2011-313 for a Zone Change from C-PD to P-D (PLN2011-312); a PLN2011-314 Planned Development Permit (PLN2011-313); a Tree Removal PLN2012-86 Permit (PLN2011-314) to allow the removal of 66 protected on- Murphy, S. site trees; and a Parking Modification Permit (PLN2012-86) to allow the construction of a four story, 168-unit (density bonus) mixed use apartment complex with 15,295 s.f. of commercial space on property located at 1677 S. Bascom Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that a Mitigated Negative Declaration be adopted for this project. Tentative City Council Meeting Date: May 15, 2012. Project Planner: Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Explained that this proposal is for amixed-use development at 1677 S. Bascom Avenue, located between Creekside and Bascom with Campisi Avenue to the south and Hamilton Avenue to the north. The site is adjacent to the Los Gatos Creek Trail. • Reported that in 2007 a previous project was approved for a mixed-use development on this site that included 14,000 square feet of ground-floor retail and a Tree Removal Permit. In 2009, atwo-year Extension of Approval was granted for this project. • Advised that in 2011, a new applicant came forward seeking consideration of a different mixed-use development consisting of 168 apartments with the original 14,000 square feet of retail. They also asked for a Density Bonus to exceed 27 units per gross acre. • Said that a Study Session was held at which time the use of tandem parking was discouraged and an increase in the amount of fagade articulation was encouraged. • Described the project site as consisting of 4 acres. The proposed density is 36.45 units per gross acre, which is the maximum allowed with a density bonus. • Said that a Zone Change is necessary for this new project from the current C-PD (Condominium/Planned Development) that allowed "for sale" units to P-D that would allow a "rental" development. • Reported that the FAR is .08, which only includes the 15,295 square feet of commercial retail space. The project would also have 168 apartments; a community room and a pool. • Said that the proposed building would be a maximum of five stories, four stories of residential units and the ground story as commercial retail space. The original project had a maximum height of 65 to 85 feet at the highest point. • Said that the apartments include 70 one-bedroom; 90 two-bedroom and 9 three- bedroom units. The project is seeking a density bonus and will provide 14 very- low-income units and result in a density of 36.45 units per gross acre up from the maximum allowed under the General Plan of 27. These low-income units will be BMR eligible for 30 years. Campbell Planning Commission Minutes for April 24, 2012 Page 7 • Stated that the commercial space is located above podium parking. The majority of the residential parking will be located below ground. • Reported that the site plan shows two access points. One access is from Bascom Avenue and will serve the commercial uses. The primary residential access comes from Creekside Way. This entry is gated and provides access to the below grade residential parking. There is non-gated space off Bascom for the commercial uses as well as a second gate leading to the residential parking. • Said that the project's elevations project a modernistic design and has added glazing and a strong separation between residential and commercial components. The retail space on the ground floor is increasing and located closer to S. Bascom Avenue than the original design had been. • Stated that an Environmental Impact Analysis and Initial Study were done and a Mitigated Negative Declaration was prepared. Mitigations include air quality impacts during construction. • Reported that the proposed land uses conform to the General Plan. The project is consistent because if provides access to alternate transportation options; provides amenities; and offers low-income housing units. • Informed that the City retained a traffic consultant. The traffic study found the existing traffic counts to be 32 (a.m.) and 91 (p.m.). With the propose project the counts are projected at 56 (a.m.) and 89 (p.m.). That represents an increase by 24 in the a.m. peak hour and a reduction by 2 in the p.m. peak hour. • Said that per the parking standards, the commercial space would require 76 spaces and the project is proposing 71. A Parking Management Plan has been prepared to deal with the five space shortfall. Staff finds it appropriate to provide 71 spaces. • Advised that residential parking required is one space for each one-bedroom apartment unit; and two spaces for each two or three-bedroom unit. Total spaces proposed for the residential uses are 283 spaces. Of those, 266 are auto spaces; 17 are tandem pair spaces and 17 are motorcycle spaces (which are equivalent in size to 4 '/4 auto parking spaces). • Reported that on April 10th SARC reviewed this project. They were concerned about the use of tandem parking spaces and questioned how deliveries to the site could be accommodated. They asked for a more detailed Parking Management Plan. • Explained that per the more detailed Parking Management Plan, commercial deliveries will be via a commercial loading zone that will not impact commercial parking or residential parking. A condition of approval will limit the size of truck used for deliveries to this site to 30 feet. Staff is recommending the inclusion of a turnaround, which will eliminate four residential spaces, to allow commercial vehicles to make three-point turns. If the Commission is supportive of that idea, another condition would need to be added to require the addition of said turnaround. • Said that the Parking Management Plan takes into consideration now best to secure the parking. There will be two-hour time limits for the commercial parking and employee parking stickers. The commercial parking area will be available between the hours of 5 a.m. and 10 p.m. With the desired mix of tenants for this particular site, the proposed commercial operational hours to 10 p.m. are fine. Staff Campbell Planning Commission Minutes for April 24, 2012 Page 8 is supportive of the restriction of the commercial uses' business hours to 10 p.m. and the access to commercial parking spaces until 10 p.m. • Stated that storage in the parking area will be prohibited. A condition of approval will restrict assignment of tandem parking spaces to the two and three-bedroom affordable units of which there are nine. Additionally, ECO passes will be provided for the residents of the BMR units as required by State Law. • Explained that there will be a property management team on site for office hours between 9 a.m. and 6 p.m. Additionally, alive-in manager will be on site 24/7. • Suggested the following PC actions: adoption of a resolution recommending Council approval of a Mitigated Negative Declaration; adoption of a resolution recommending Council approval of a Planned Development Permit to allow the mixed-use development with 168 units and 15,295 square feet of commercial space and the corresponding Parking Modification Permit; and adoption of a resolution recommending Council approval a Tree Removal Permit to remove 66 protected trees to be replaced by 75 new trees. Planning Manager Paul Kermoyan: • Elaborated on the modifications between the original project and this new revised one. • Said that the commercial component located along the Bascom side consists of ground-floor retail. The original design had a covered arcade design with the storefronts recessed. The new design has the arcade area filled in with glazing to help bring the visibility of the retail out closer to the street. • Stated that the issue of gates to the parking and how to separate the uses was discussed. Staff worked with the applicant regarding the gate at the front. People who live in the residential units will have touchpad access from both the Creekside access and gate as well as from the Bascom Avenue secondary access gate. There will also be 60 foot turnaround that a fire truck could maneuver around and larger deliver trucks too. • Concluded that there is greater assurance that parking is being dedicated to specific uses. Planner Steve Prosser advised that the applicant is present. Commission Ebner question the conclusion following the parking study that there are no impacts. Planner Steve Prosser: • Said that the traffic consultant is available in case he is needed to better explain this. • Reported that there is an established Level of Service (LOS) ranking for each intersection. This project has not changed any LOS grade and actually improved one during a p.m. peak. • Reiterated that there is no significant change in LOS and any increased delay falls within seconds of the existing standards. • Added that there is no change in capacity. Campbell Planning Commission Minutes for April 24, 2012 Page 9 Commissioner Ebner said that he finds it hard to believe that with this project that includes nearly16,000 square feet of retail and 168 new apartment units does not create any impacts. This is already a pretty dense and traveled area. Planner Steve Prosser said there are impacts but what is evaluated are levels of impacts. The projected change from the existing uses to the proposed uses does not rise to the level of significance. Commissioner Resnikoff questioned the assignment of the tandem parking spaces to the affordable units and asked how that assignment makes it easier to monitor. What's different? Planner Steve Prosser said it's easier to monitor as it will be known exactly which units are assigned to those tandem spaces. Planning Manager Paul Kermoyan said that staff had the same question. He explained that every tenant will register their vehicles with complex management. The management staff will know each license number, make and color of each car registered to a complex tenant. Commissioner Resnikoff asked what would happen if there are violations to parking restrictions. Planning Manager Paul Kermoyan said that management would notify their tenant. He added that the Commission could tighten the conditions of approval. Commissioner Resnikoff asked if there is a limit to the number of cars that each tenant can register at the complex. Planning Manager Paul Kermoyan said he was not sure. Planner Steve Prosser said there is an opportunity to track the tandem spaces more closely. Commissioner Resnikoff pointed out that the commercial tenants can apply for a Use Permit for deviation from the conditions imposed for the commercial tenant spaces. Commissioner Roseberry pointed out that the project site currently contains four commercial buildings and approximately 72,000 square feet of space. He asked about the parking on site under current conditions. Planner Steve Prosser: • Said that the site is currently 85 percent occupied with predominately professional office uses. He said that the general office parking ratio is one space for every 225 square feet of tenant space. • Added that other uses such as a dance studio, massage business and hair salon have a parking standard of one space per 250 square feet of tenant space. Campbell Planning Commission Minutes for April 24, 2012 Page 10 Commissioner Roseberry asked if staff estimates about 400 existing parking spaces. Planner Steve Prosser was uncertain. Chair Alster asked staff to clarify why staff believes that the concerns about massing the Planning Commission had expressed have been well handled. Planner Steve Prosser: • Said that that the overall building height has been reduced. • Added that the articulation of the fagade has been improved. The applicant has recessed the residences to decrease the sense of mass. • Said that they have also moved some residential units to the front of the site. • Stated that major changes include the reduction by about 20 feet of overall height and the softening of the elevation on the Creekside residential side. Commissioner Roseberry said that the applicant has addressed the Planning Commission's study session comments one by one. Mr. Mark Spencer, Traffic Consultant: • Reported that he also did the prior traffic study for the previous project approved for this site. • Agreed that there is no question that this new proposal brings new trips to the site and area. However, at the same time the existing general office uses are being netted out. The net difference between the two is what gets analyzed. As such, the a.m. peak increases by 24 trips while the p.m. peak is basically a wash. • Said that what is measured is change and delay. It is estimated that not enough change will occur to create changes in the LOS. Commissioner Resnikoff pointed out that during the day there is existing congestion in this immediate area. Mr. Mark Spencer: • Explained that the counts are prepared in a peak hour basis. • Added that daily trips are spread throughout the day and equals between 700 and 800 trips per day. • Said that the key issue is air quality versus traffic impacts at times when traffic is congested. • Stated that they don't measure impacts on delays. Commissioner Resnikoff asked what is the difference between a.m. peak hours versus p.m. peak hours. Mr. Mark Spencer said that between 7 and 9 a.m. it equals the highest single hour, which is generally between 7:30 a.m. and 8:30 a.m. He said that between 4 p.m. and 6 p.m., the peak hour tends to be the hour between 5 and 6 p.m. Campbell Planning Commission Minutes for April 24, 2012 Page 11 Commissioner Brennan: • Said that he didn't understand page 8 as it refers to impacts on LOS and intersections. • Asked why a net increase of 24 in the a.m. peak is not enough to lower the LOS. • Questioned how an increase in peak trips can actually improve LOS? • Inquired whether the intersection off-ramp off Highway 17 heading south was evaluated. Mr. Mark Spencer: • Reported that traffic can be added and still improve LOS. • Pointed out that left turns take more delay. Depending on traffic patterns the average delay per vehicle can go down. • Advised that there is a different traffic pattern between office versus commercial versus residential uses. Commissioner Brennan stated that there appear to be dynamics for improved intersections. Mr. Sean Murphy, Project Applicant, Bay West Development: • Said that Bay West focuses on building apartment communities in high traffic retail corridors. • Stated that this project site has retail and a Jack in the Box restaurant to the south and retail to the north including uses such as a car wash. • Pointed out that the site has nearby access to the Light Rail as well as the Los Gatos Creek Trail. There is some important commercial nearby including the Pruneyard and EBay. All these factors are important to them. • Reported that Bay West became involved with this project site over the past year. The previously-approved project had some architectural challenges. • Said that the opportunity to use the bonus density option helped them to add a lot of amenities to this project and to provide some low-income units to Campbell's housing stock. • Agreed that parking is very important and as such they have crafted a Parking Management Plan that incorporates motorcycle and bicycle parking as well as electric charging stations. They will provide free VTA passes to the affordable unit tenants and half-price passes to the tenants of the market rate units. • Stated that Bay West develops Class A properties including mixed-use developments in urban settings such as San Francisco. • Added that their apartment developments offer a high level of service; a lot of open space and landscaping; fitness centers on site; and security gates to help control the separation between commercial and residential parking. • Explained that the residential tenants will use Creekside as the primary entrance. • Reported that they had originally proposed 31 tandem spaces and reduced that number to 17. • Said that there is also a pedestrian entry off Bascom. • Said that in regards to the massing of the residences the open space is very important as is direct access to the Los Gatos Creek Trail. The existing ramp to access the Los Gatos Creek Trail will be improved by them as a part of this project. Campbell Planning Commission Minutes for April 24, 2012 Page 12 • Reported that they would also be installing the streetscape on Bascom Avenue, on site landscaping; and landscaping along Creekside. • Said that articulation at the roof level tries to focus on proportion along Bascom Avenue. There is a fairly complicated internal courtyard. Commercial and residential parking are integrated. There is a four-story residential building over parking. • Said that another important aspect is the Bascom Avenue streetscape Standard. • Described their potential building materials. Bay West uses contemporary materials that are both attractive and long-lasting. They will incorporate a rich material pallet using warm earth tones and will integrate the retail with the residential. They will include stone cladding material and incorporate more delicate proportions than the prior project. The residential entry will use different materials but there will be continuity in materials and design around the property. • Explained that their project will meet the needs of varied demographic groups including families utilizing a mix of one, two and three-bedroom units. • Listed the amenities as including 24/7 on-site management; community rooms, business centers, bike parking/maintenance areas, pet washing station and more. • Reminded that the City benefits with the addition of affordable units. • Reported that they took community outreach steps that included conducting two different workshops; both residential and commercial person to person outreach; as well as with the Pruneyard Neighborhood Association. • Said that the next hearing will be before the City Council. They hope to start construction at the end of the third quarter this year and to lease units at the end of the fourth quarter of 2013. Commissioner Roseberry asked Mr. Sean Murphy what the turn out was for these public outreach meetings. Mr. Sean Murphy said that the two sessions were not well attended but they did a lot of door to door outreach and received good feedback from those efforts undertaken at the end of March. They distributed flyers to 400 residences and businesses. Commissioner Roseberry asked where the elevator and ventilation shafts would be located. Mr. Sean Murphy reported that the garage would be both ventilated and fresh air. There will be grills to the garage and also mechanical ventilation. Commissioner Roseberry asked if this includes the lower level parking. Mr. Sean Murphy replied yes, including the podium level. Commissioner Roseberry asked how it would be ventilated. Mr. Sean Murphy said using grills with fresh air and mechanical rooms with make up air. Commissioner Roseberry verified that there would not be any exhaust shaft. Campbell Planning Commission Minutes for April 24, 2012 Page 13 Mr. Sean Murphy said no. Commissioner Ebner asked Mr. Sean Murphy to describe the anticipated demographics of their potential tenants. Have studies been done? Will it be predominately singles, couples or families? Mr. Sean Murphy: • Said that the demographic is mixed. • Said that the building is designed to be both contemporary and modern. • Added that it would likely appeal to Generation Y; dual-income families; some with kids and some without, to name a few categories. • Advised that Campbell does not have a large number of larger apartment rental projects but is more a strong bedroom community. • Stated that this project would bring more tenants/residents to Campbell. Commissioner Resnikoff asked how residential guest parking is handled. Mr. Sean Murphy: • Reminded that they have prepared a Parking Management Plan. • Said that there is some surface parking and residential shared parking. • Added that guests would buzz the tenant they are visiting to obtain access to the shared guest parking. • Reported that tenants themselves would have transponders in their cars to automatically open the entry gates. • Said that the trash/garbage collectors would also have transponders to be able to access the site twice a week for collection. Commissioner Roseberry thanked Mr. Sean Murphy for his handout in which he addressed the concerns that had been raised at the Study Session. Mr. Sean Murphy said that the feedback provided by the Commission at that Study Session has been most helpful to them. He assured the Commission that their concerns and feedback were both listened to and responded to with redesign. Commissioner Brennan sought clarification that there is not actual dedicated visitor parking but rather visitors would use tenant spaces. Mr. Sean Murphy agreed that the parking is unassigned and shared. Commissioner Brennan questioned what happens if a tenant wants to have a party. Where do the cars go? Will they have to park across at Whole Foods and walk over? Mr. Sean Murphy agreed that there might be overflow. Commissioner Resnikoff asked if the 266 spaces are assigned. Campbell Planning Commission Minutes for April 24, 2012 Page 14 Mr. Sean Murphy: • Said that he would refer such questions to the Management Company. • Added that there would be assigned stalls. • Said that the Management would control the parking using placards and monitors. Commissioner Resnikoff asked if the shared parking is additional to the 266 spaces. Mr. Sean Murphy said the shared parking is included in that number. Commissioner Resnikoff sought further clarification. All two and three-bedroom units will be guaranteed two parking spaces while the one-bedroom units will be assigned one. Mr. Sean Murphy said yes. He added that the proximity to VTA is another benefit as will be the inclusion of motorcycle spaces. They may be some tenants who do not require an assigned parking spot as a result. Commissioner Brennan: • Said that he is happy to see charging stations. • Asked where those charging stations will be located and how their use would be assigned. Mr. Sean Murphy: • Added that providing these charging stations does not represent a large cost for developers. • Said that the use of the charging stations may simply be first come, first served. • Stated that additional EV stalls can be added as demand increases. Chair Alster opened the Public Hearing for Agenda Item No. 3. Ms. Gloria Felcyn, Resident on Campisi Way: • Explained that this new planned development will be her next door neighbor. • Said that she has looked at the plans and has narrowed her concerns to two issues, traffic and noise. • Stated that she totally disagrees with the traffic consultant. There is a lot of traffic on Creekside Way already. • Reported that she works from home and makes it a point to never make an appointment until at least 10 a.m. to accommodate traffic in the area. • Said that she had come to accept the originally approved 123 unit condo project for this property. • Added that she is sad to see these 168 rental units instead of owned units and questioned the large number of proposed units at 168. • Stated that her second issue is the proposed provision of 17 motorcycle spaces. • Pointed out that motorcycles are very noisy and the idea of 17 of them starting up every morning is horrible. • Reiterated that her two issues are traffic and motorcycle noise impacts. Campbell Planning Commission Minutes for April 24, 2012 Page 15 Chair Alster closed the Public Hearing for Agenda Item No. 3. Commissioner Ebner: • Said he had some questions for staff. • Inquired how many rental units there are in Campbell. • Expressed concerns about occupancies and related problems for many high- density developments located outside of Campbell. Director Kirk Heinrichs: • Said that while staff does not have specific unit counts this evening, he can say that the split between single-family detached residences and multi-family units is roughly 52 percent (SFR) to 48 percent (multi-family). • Cautioned that multi-family does not always indicate non-owned units as that category also includes condos, townhomes and small-lot developments. Commissioner Resnikoff: • Said he still has concerns about the idea that not all parking spots will be specifically assigned. • Questioned who would want to rent an apartment without the assurance of a designated place to park. • Added that the idea that there is no limit on the number of cars a tenant could register for the complex per living unit is also cause for concern. • Said that a couple of assumptions may be questionable including the demand for the no-cost transit passes since Light Rail doesn't always go where you want to go. • Reiterated that he is unclear why the tandem parking would be assigned to the BMR units. • Said that he is not sure how the parking will work. • Said that even if the 794 additional projected trips are evenly spread out that would represent an additional 100 trips per hour being added. City Attorney William Seligmann cautioned that per the State's density bonus law the City has to accept the concept of tandem parking. Commissioner Resnikoff cautioned that not offering guaranteed parking spots based on number of bedrooms could be a disaster. Planning Manager Paul Kermoyan: • Clarified that the parking within podium is assigned per tenant space. • Added that the confusion seems to be due to the fact that there are no designated guest stalls. • Assured that the residential stalls would be assigned per unit. Commissioner Resnikoff: • Said that there 266 auto spaces. • Added that there are 98 units that have either two or three bedrooms and would be assigned two spaces per unit. • Said that there are 71 one-bedroom units that would be assigned one space. Campbell Planning Commission Minutes for April 24, 2012 Page 16 • Calculated that those numbers represented all of the parking therefore the shared residential guest spots would also come from those spaces. Planner Steve Prosser reiterated that every unit has at least one assigned space. He added that the parking maximum standard per the Density Bonus Law is one space for one bedroom and two spaces for two or more bedrooms. This parking provision includes guest parking. Commissioner Resnikoff said if there were 25 additional spaces available above that the Commission couldn't mandate their use. Planner Steve Prosser replied no, not as part of project approval. Commissioner Resnikoff asked not even as a condition of approval? Planner Steve Prosser replied correct. Commissioner Reynolds pointed out that this project provides 168 new living units and asked staff if those units would be counted against the City's obligation to provide new residential units. Planning Manager Paul Kermoyan said that the City has already met its current obligation and he was not certain if these units would be counted against the next cycle to meet the City's housing provision obligation at that time. Commissioner Reynolds: • Thanked staff, the developers and their architects for their work on this tremendous project, both in quality and size. • Added his thanks for the fact that the applicants listened carefully to the concerns raised by the Planning Commission at the Study Session and for their outreach efforts in the community. • Stated that the applicant has improved the massing and reduced the number of tandem parking spaces. • Explained that if a developer wants to build a project of this size, the City has to provide the opportunity. • Added that sometimes a City's hands are tied by State mandates. • Pointed out that a lot of work went into addressing concerns raised. • Said that in relation to traffic, this is an apartment complex that would be located near Light Rail as well as freeway entrances. These accesses could help ease some of the existing and anticipated traffic impacts than could be achieved were this project to be located more centrally within the City. • Admitted that he rides a motorcycle and assured that he didn't believe that there would ever be a time when 17 motorcycles would be starting up at the exact same time in this large complex. • Reported that the City's objective is to encourage people to get out of their cars and use public transportation. Campbell Planning Commission Minutes for April 24, 2012 Page 17 • Added that atwo-wheeled motorcycle results in less damage to streets than do cars with four wheels. • Stated that with the higher gasoline prices, use of motorcycles means reduced usage of fuel. • Assured Ms. Felcyn that her concerns have been heard. He understands noise concerns. • Stated that he would be supporting this project. • Added that it will be beautiful project and a benefit for the City. Commissioner Ebner asked if the very-low income units would be Section 8 units. Director Kirk Heinrichs replied no. He explained that the low-income units are based on the median income levels in the County. In this County, even the median incomes are still pretty significant. They would not be considered low in other parts of the Country. Commissioner Ebner: • Said that he already had a problem with this project when it consisted of 123 owner-occupied condos. He is even more concerned with the concept of 168 rental apartments. • Said that there are known problems with higher density projects and there remain a lot of unanswered questions. • Suggested this item be continued to allow further review on issues such as rental rates and traffic impacts. • Read from an article about a study that was done between land use and related crime statistics. • Stated that he would not be supporting this project tonight and suggests postponing it. • Pointed out that this is a huge and bad project. • Admitted that it may look beautiful in theory but this project could represent a danger to Campbell. • Stated that all residents will be impacted and more public noticing needs to be done so that more citizens will be involved in considering this for the community. • Said that this project represents more harm than good. Commissioner Roseberry: • Said that he likes this project. • Stated that this is a high density area of Campbell. It is across the freeway. Light Rail is right there. This is the right area to put such a project. • Pointed out that the City's hands are tied at both State and Federal levels. • Reminded that the population of California is growing and there is a corresponding need for more housing. • Said that the development team that has put this project forward has done a thoughtful job. It is much better than the previous project. • Stated that the applicant listened to the concerns of this Commission very well and point by point responded to all issues raised. • Said that growth in Campbell is a subject that has long been argued. Campbell Planning Commission Minutes for April 24, 2012 Page 18 • Stated that this is a good project and that he would support it. Commissioner Ebner: • Agreed that there is no question that the applicant did a good job. There is no suggestion that the project doesn't somehow look right. • Said that the entire community needs to know about this proposal. • Said that these renters will represent a transient population. It is possible that can be a problem for the community. • Asked that the Commission think about all of Campbell. • Said that there are still questions to be answered. This is too serious to move too rapidly. Commissioner Roseberry: • Said that there is already a process in place for development review. • Reminded that this project was reviewed in early stages and guidance was given to the applicants by the Commission and staff. • Stated that there are ample opportunities for the public to learn about development as all City meetings are noticed and people are welcome to participate. Commissioner Ebner: • Said that this project site has different owners now than before. • Said that he is more concerned now with the addition of 45 more units and the fact they are rental units versus owned units. • Suggested that this could possibly become a personal "ghetto" in Campbell. • Stressed the need for more answers before a decision is made. Commissioner Brennan: • Said that he wanted to place the additional 700 trips into context. Does that represent a 1 percent increase or a 10 percent increase? • Said that perhaps the motorcycle parking can be distributed throughout the facility. • Stated that it his general sense that if a project like this is built, this is the place to do it. This is a place for rental units and these rental units will be good for the nearby businesses and would provide access to bike trails and transit. • Pointed out that Avalon Apartments have been good for the City. • Reiterated that this project makes sense here. Planner Steve Prosser: • Advised that the motorcycle parking would be within the podium parking area that is a controlled gated area. • Said that the estimated trip generation increase is not even distributed. Many would be during the retail hours. Worse case, it is a less than 1 percent increase when compared to the 15,000 trips per day already occurring. Commissioner Reynolds: • Stated that he has been a property manager for 30 years and that his day job also takes him to many apartment complexes. Campbell Planning Commission Minutes for April 24, 2012 Page 19 • Added that based on that experience, this type of complex will attract a good tenant population. It would likely draw professionals or families. They would be people willing to move to Campbell as renters who later may perhaps buy a home to stay permanently in Campbell. • Suggested that they are likely to be higher end tenants parking Lexus or Mercedes in the parking lot. • Assured that once the project is built, the concerns raised will be put at ease. Commissioner Resnikoff: • Stated that he likes the project overall. • Added that while there may be some issues, the location is appropriate. • Agreed that ample notice was given. This developer had two outreach opportunities but no one attended. You can't force the community involvement if they don't want to get involved. • Said that with the 15,000 existing trips an additional 700 is not as much of a concern. • Stated that the concern is the number of parking spaces and whether it is enough but it appears the City's hands are tied. • Concluded that if there are things that can be done they should be done. Planning Manager Paul Kermoyan advised that the provision of bicycle parking is mandated as part of the Green policies. Commissioner Resnikoff questioned whether 17 motorcycle spaces are required. Planning Manager Paul Kermoyan said that the proposed number of motorcycle spaces is not specifically mandated. Planner Steve Prosser advised that four motorcycle spots take the equivalent space of one parking stall. Commissioner Resnikoff said if these motorcycle spaces end up not being used, then perhaps there could be two or three additional parking spaces that could be put to better use. Planning Manager Paul Kermoyan said that another question raised earlier was the issue of dedicated parking spaces. Commissioner Resnikoff reminded that there appears to be no limit to the number of cars that can be registered per tenant living in the complex. It doesn't appear that there would be enough parking provided to support the project. Chair Alster: • Said that this is creating a very walkable community. • Explained that she walks to Pruneyard from her downtown area townhome. • Added that this proposed project is even closer to the Pruneyard and to other locations such as Whole Foods and the Los Gatos Creek Trail. Campbell Planning Commission Minutes for April 24, 2012 Page 20 • Advised that creating affordable units through the provisions of a density bonus is the way of the future with laws and environmental concerns. • Reminded that the applicant went over the Study Session concerns and responded very positively. • Said that the massing of the complex is quite impressive. • Questioned the concerns raised about the parking and character of apartment renters. • Recounted that she had lived in the Avalon Apartments for several months before buying her home in Campbell. There had been more parking at Avalon than at the townhome complex where she now lives. • Added that there appears to be a lot of parking flexibility with the proposed project with the nearby commercial uses. • Said that in reference to the low income apartments, there are BMR owners in her development. They are no different and no one would know which units are the BMR units. There is no concern with that. • Stated that motorcycle parking is a great idea and policy as is the inclusion of charging stations. • Said that this project hits every good planning practice on the bull's-eye. • Advised that she will support the project. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Roseberry, the Planning Commission took the following actions: • Adopted Resolution No. 4060 recommending that the City Council approve a Mitigated Negative Declaration for the mixed-use project; • Adopted Resolution No. 4061 recommending that the City Council approve of a Zone Change from C-PD to P-D (PLN2011-313); • Adopted Resolution No. 4062 recommending that the City Council approve a Planned Development Permit (PLN2011- 312) that includes a Parking Modification Permit to allow the construction of a three-to-four story mixed used development consisting of 168 apartment units and 15,295 square feet of ground floor retail; with the added condition of approval to require an adequate radius turnaround in the commercial parking area to facilitate commercial vehicles in making y- turns; and • Adopted Resolution No. 4063 recommending that the City Council approve a Tree Removal Permit (PLN2011-314) to allow the removal of 66 protected on-site trees; on property located at 1677 S. Bascom Avenue, by the following roll call vote: AYES: Alster, Brennan, Resnikoff, Reynolds and Roseberry NOES: Ebner ABSENT: Gibbons ABSTAIN: None Campbell Planning Commission Minutes for April 24, 2012 Page 21 Chair Alster advised that this item would be forwarded to the City Council for final action at its meeting of May 15, 2012. MISCELLANEOUS *** 4. Review of Community Development Workplan Items for Fiscal Year 2012/13. Director Kirk Heinrichs: • Reported that each year the Community Development Department prepares a work plan. • Said that the next fiscal year's work plan consists of several carry over items from this fiscal year and one additional item. • Advised that the new item is a Dell Avenue Area Plan. The Dell area of Campbell is commonly known as Vasona Technology Park and encompasses Dell, Hacienda and Knowles Avenues. The area is zoned Controlled Manufacturing and is currently underdeveloped. There is an opportunity to create aplan/vision for this area as well as established development standards much like was done with the E. Campbell Avenue and Winchester Boulevard Area Plans. • Said that putting together a Dell Avenue Area Plan would create conditions that businesses would find desirable and want to stay here. • Stated that the Planning Commission would be a big part of that process. Commissioner Reynolds asked when work on the Dell Area Plan would begirt. Director Kirk Heinrichs said that there is no specific schedule yet but it is hoped that it can begin in the first part of the next fiscal year. Creating such a plan is a six to eight- month process. Chair Alster announced an APA training opportunity to be held on May 5th in the Martin Luther King Jr. Library. She added that she will serve as the workshop moderator and speakers include Laurel Prevetti, from San Jose, and Hanson Hom, from Sunnyvale. A third speaker will address Housing Elements. Commissioner Brennan announced that his organization does periodic housing tours that the Commissioner would be most welcome to join. Commissioner Reynolds reported that his Planning Commission Apprenticeship Class will hold a Mock Planning Commission Meeting on Wednesday, May 9th, from 4 to 5:30 p.m. His students are 5tr' through 8th graders and are a great group of students who are excited to learn. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR There were no additions to the written report. Campbell Planning Commission Minutes for April 24, 2012 Page 22 ADJOURNMENT The Planning Commission meeting adjourned at 9:54 p.m. to the next Regular Planning Commission Meeting of May 8, 2012. SUBMITTED BY: Corin Shinn, Recording Secretary APPROVED BY: i C~L /~~ V Theresa Alster, Chair ATTEST: ~/ Kirk Heinrich, Secretary