Loading...
PC Min 04/27/2004 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 27,2004 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 27, 2004, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Doorley and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: George Doorley Elizabeth Gibbons Bob Alderete Tom Francois Joseph D. Hernandez Michael Rocha Bob Roseberry Commissioners Absent: None Staff Present: Senior Planner: Planner I: Planner I: City Attorney Public Works Director: Traffic Engineer: Reporting Secretary: Geoff 1. Bradley Melinda Denis Stephanie Willsey William Seligmann Robert Kass Matthew Jue Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Alderete, seconded by Commissioner Rocha, the Planning Commission minutes of April 13, 2004, were approved as submitted. (7-0; Commissioner Gibbons abstained from the vote on the portion of the minutes for Item 2, for which she had recused herself.) COMMUNICATIONS 1. Two communications on Agenda Item No.3. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of April 27, 2004 Page 2 ORAL REQUESTS There were no oral requests. *** PUBLIC HEARING Chair Doorley read Agenda Item No.1 into the record. 1. PLN2004-29 Hansen, E & A Public Hearing to consider the application of Erik and Allison Hansen for a Site and Architectural Review Permit (PLN2004-29) to allow the remodel and addition to an existing residence on property owned by Erik and Allison Hansen located at 945 Emory Avenue in an R-I-16 (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 days. Project Planner: Tim J. Haley, Associate Planner Mr. Geoff1. Bradley, Senior Planner, presented the staff report as follows: . Advised that the applicant is seeking approval of a Site and Architectural Review Permit to allow a substantial residential remodel, which is essentially a new home. . Described the property as being on the west side of Emory Avenue, between Sunnyoaks and Waldo. . Added that the General Plan Land Use designation is low density residential and the zoning is R-I-16 (Single Family Residential), which is the largest lot size in the San Tomas area. . Informed that this is a legal substandard sized lot, at 10,800 square feet. . Pointed out that the building would be a blue gray color instead of the beige mentioned in the staff report. . Said that no street improvements are required and no Tree Removal Permit is required. An existing Redwood tree would be retained. . Advised that SARC reviewed this proposal at its April 13th meeting. . Recommended approval. Commissioner Hernandez presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on April 13, 2004, and was supportive as proposed. Chair Doorley opened the Public Hearing for Agenda Item No.1. Ms. Meg Stein, Representative ofthe San Tomas Neighborhood Association: . Said that she has looked at this site and reviewed the proposed project. . Declared that this design is a wonderful example of a home that will upgrade the San Tomas area. . Stated that she is impressed with the design and would like to see an illustration of this home included within the San Tomas Area Neighborhood Plan. . Said that the roofline is outstanding, being broken up and inset with windows. Planning Commission Minutes of April 27, 2004 Page 3 . Extended her acknowledgement to the designer and family for their work on this home design. Mr. Roger Griffith, Project Architect, Paragon Design Group: . Said he was available for any questions. Chair Doorley closed the Public Hearing for Agenda Item No.1. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3560 approving a Site and Architectural Review Permit (PLN2004-29) to allow the remodel and addition to an existing residence on property owned by Erik and Allison Hansen located at 945 Emory Avenue, and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Doorley advised that this action is final unless appealed in writing to the City Clerk in 10 days. *** Chair Doorley read Agenda Item No.2 into the record. 2. PLN2004-27 Hiller, S. Public Hearing to consider the application of Ms. Sharon Hiller, on behalf of Mulberry School, for an Extension (PLN2004-27) of a previously approved Modification to a Conditional Use Permit (M 96- 06) to allow the continued use of a portable classroom building on property owned by the First Congregational Church of San Jose located at 1980 Hamilton 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 days. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, presented the staff report as follows: . Advised that the applicant is seeking an Extension of a previously approved Modification to a Conditional Use Permit to allow the continued use of a portable classroom at Mulberry School, which was established in 1965 at the southeast corner of Hamilton and Leigh Avenues. . Explained that in 1993, the school obtained a Modification to the original Use Permit to allow a 1,333 square foot modular classroom building with no expiration date. In 1996, a second modular classroom building consisting of 1,920 square feet was granted a four-year approval with an option for an Extension thereafter. In 2000, another four-year extension Planning Commission Minutes of April 27, 2004 Page 4 . of that modular classroom was granted. This is the third request for an Extension, this one for three years or until June 2007. Advised that Mulberry School plans to move as they are raising funds for a permanent school site. Said that there are no architectural modifications or operational changes proposed. Explained that with the previous Extension, a Condition was imposed to construct a garbage enclosure to contain the dumpster and recycle containers. Since that time, the doors have been removed from the garbage enclosure and the dumpster and containers are not being contained within this enclosure. Stated that a Condition is being imposed to rectify that condition, to reinstall gates to the enclosure and require the school to store their dumpster and recycle containers within this enclosure. Recommended approval of this application with conditions. . . . . Commissioner Alderete asked staff why there is a three-year limit proposed. Planner Stephanie Willsey replied that the school initially had planned future construction of a permanent classroom building to replace the modular buildings. Commissioner Alderete asked whether the plans to move within the next three years and due to the fact that approximately 90 percent of their funding is in place is the reason for the shorter approval period, three years instead of four and also asked if staff believes there are no parking problems. Planner Stephanie Willsey replied correct. Commissioner Gibbons added that the time limits have been imposed because the Commission did not want an indefinite period for these temporary buildings. Chair Doorley opened the Public Hearing for Agenda Item No.2. Chair Doorley closed the Public Hearing for Agenda Item No 2. Commissioner Alderete asked if modular buildings require inspections for safety. Senior Planner Geoff 1. Bradley replied that the portable buildings are inspected prior to occupancy. Afterwards, only regularly scheduled Fire inspections occur and perhaps any inspections required for a private school's accreditation. Commissioner Alderete asked staff if they believe any additional inspections are needed. Senior Planner Geoff 1. Bradley replied no. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3561 approving an Extension (PLN2004-27) of a previously approved Modification to a Conditional Use Permit (M 96-06) to allow the continued Planning Commission Minutes of April 27, 2004 Page 5 use of a portable classroom building on property owned by the First Congregational Church of San Jose located at 1980 Hamilton Avenue, and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Doorley advised that this action is final unless appealed in writing to the City Clerk in 10 days. *** Chair Doorley called for a brief recess at 7:47 p.m. to allow the Commissioners to review the newest desk items on Item No.3 and resumed the meeting about five minutes later. Chair Doorley read Agenda Item No.3 into the record. 3. PLN2004-07 (S) PLN2004-18 (SA) PLN2004-19 (SA) PLN2004-26 (TRP) PLN2004-33 (UP) Schmidt, S. Public Hearing to consider the application of Mr. Stephan Schmidt, on behalf of The Bergman Companies, for a Site and Architectural Review Permit (PLN2004-07) to allow the construction of two new two-story commercial retail buildings; a Sign Program (PLN2004-18); a Sign Application (PLN2004-19) for a freeway-oriented sign; a Tree Removal Permit (PLN2004-26) to allow the removal of 53 trees and a Conditional Use Permit (PLN2004-33) to allow late night uses on property owned by Lynn A. Buzolich et allocated at 525 E. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. A Mitigated Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: May 4, 2004. Project Planner: Melinda Denis, Planner I Mr. GeoffI. Bradley, Senior Planner, presented the staff report as follows: . Advised that the project site includes 8.4 acres and has served as the site of Breuners since 1969 or earlier. This larger commercial property's Land Use designation is General Commercial and the zoning is C-2-S (General Commercial). . Described the property as being located on the north side of Hamilton, between Almarida and Highway 17. It consists of a 118,000 square foot building that houses both Breuners warehouse and retail showroom. . Stated that this proposal consists of five parts, a Site and Architectural Review Permit to allow the construction of two new two-story commercial buildings, a Sign Program, a freeway oriented sign, a Tree Removal Permit for 51 trees and a Use Permit for late night hours, which would allow Kohl's to stay open past 11 p.m. for approximately 30 evenings per year. . Explained that Kohl's is a family focused department store that carries apparel and shoes, accessories, home products as well as an on-line store. This national retailer has 563 Planning Commission Minutes of April 27, 2004 Page 6 stores, 28 in California. Seventy-five new stores opened in 2002 and 85 new stores opened in 2003. Forty new stores are proposed for California during 2004, with 14 in the Bay Area between 2004 and 2006. Mr. Bob Kass, Public Works Director: . Stated that he would provide a summary of the Transportation Impact Analysis, which was prepared by Fehr & Peers. . Explained that the scope and methodology is per the VT A guidelines that looked at three peak hours, Weekday Midday, Weekday PM and Saturday Midday. Four scenarios were considered: existing conditions; existing conditions plus approved projects; existing conditions, approved projects and this proposed project; and the existing conditions plus approved projects and projected growth. There were seven study intersections. . Said that additional traffic analysis looked at neighborhood traffic impacts. . Stated that the Hamilton!Salmar intersection is impacted during Weekday PM peak hour, which is a cumulative condition. The delay would go from one level to the next. A mitigation measure proposed is to widen the southbound offramp to Highway 17. . Reminded that the primary concerns raised at the April 13th Planning Commission were neighborhood traffic conditions, Highway 17 and the Hamilton! Almarida intersection. . Explained the existing measures as including numerous stop signs, speed humps, circles, raised intersection with traffic circle and 90 degree parking on Almarida. . Reported that proposed measures include: no right turn signs at the project; no left turn signs at the Elephant Bar; no through truck traffic signs; the replacement of two speed tables with three speed humps; design the project driveways to discourage right turns onto Almarida; and evaluations of actual conditions after six months and one year. . Stated that there is a Council policy to limit physical traffic barriers in favor of enforcement based action. However, perimeter fencing is proposed for this site to discourage jaywalking across Almarida. . Stated that the Almarida onto Hamilton Avenue intersection typically clears on green. Exceptions are the AM peak due to freeway on-ramp meter backup; trains that pass by at about 5:15 p.m. every other week; Vasona Corridor construction; driver hesitation and signal malfunctions. . Informed that the traffic projection is for less than 300 vehicles per hour during Saturday Midday. This would double existing. By adding a second southbound left turn lane on Almarida and removing on-street parking, the existing queue conditions/levels would be restored and the Kohl's/Breuners driveways would be kept clear. . Said that modifying the signal timing (changing the sequence) is possible in order to improve Almarida traffic access onto Hamilton. This option can be reviewed at six- months and one year following the store opening. . Said he was available for any questions. Chair Doorley asked about the traffic leaving Home Depot versus the traffic departing Almarida onto Hamilton. PW Director Bob Kass advised that right now they overlap and it is proposed that split phasing occurs to eliminate the current problems. Planning Commission Minutes of April 27, 2004 Page 7 Commissioner Alderete asked what impacts might be on Salmar Avenue with the varying of phase sequencing at Almarida and Hamilton. PW Director Bob Kass replied that there would be no overall impact as the cycle timing would be the same. Traffic Engineer Matthew Jue added that there would be a more balanced flow on Hamilton as a result. Chair Doorley opened the Public Hearing for Agenda Item No.3. Mr. William Parrish, 1227 N. Central Avenue: . Questioned the proposal for a second turn lane from Almarida onto Hamilton Avenue and asked if it would require taking property from the Elephant Bar or Breuners or whether a 90 degree turn is proposed. . Asked if changing the sequencing of the traffic signal would result in longer stays at a red light. PW Director Bob Kass: . Said that a change in radius might occur at the Breuners corner. However, there is sufficient right-of-way (50 feet) for the extra lane. There is concern regarding truck turning radius and that minor widening may need to occur on the Elephant Bar side but that there would be no requirement to take land from that property to accomplish this adjustment. . Said that with split phasing the overall delay will not be materially impacted. Mr. William Parrish: . Said that he wanted it on the record that his neighborhood group had suggested meeting with neighbors and their cars in order to perform actual traffic simulations but that the City had declined their offer. . Mentioned a large article that recently appeared in the San Jose Business Journal in which it was mentioned that the Mervyn's site might soon become available. . Suggested that there are other viable sites that better serve this purpose. . Said that Campbell would have to do something aggressive such as installing cui de sacs in the future to eliminate neighborhood traffic. Ms. Nancy Borowicz, 801 Monica Lane: . Thanked the Commissioners for the extra time they took in considering this project. . Expressed concern over major traffic impacts. . Said that she read through the report and that there are lots of things to think about. . Reminded that the neighborhood would be more impacted. . Said that working with the old traffic numbers means working in the dark. . Warned that backups would end up in this neighborhood. . Stated her concern about the requested late hours. . Asked the Commission to consider how this project fits into this City. Planning Commission Minutes of April 27, 2004 Page 8 Mr. Gene Oliverio, 930 Monica Lane: . Pointed out that since the last meeting, Breuners has published a number of sales ads announcing their pending new store. . Said that he feels like this is already a done deal. . Said that many people will access Kohl's by traveling from Winchester to Payne to Almarida. . Asked whether this neighborhood could look forward to potholes on their street as a result of extensive traffic. . Stated his concern about this project. Mr. James Peters, 1053 Lenor Way: . Stated that he is in favor of this project. . Added that he thought that traffic issues have been thought out. . Pointed out that the two nearby schools generates more traffic. . Advised that the revenue generated by this project will help the City of Campbell. Mr. Bryan Hobbs, 871 Monica Lane: . Thanked the Commission for listening to neighbors' concerns. . Expressed his concern that additional traffic will affect his neighborhood. . Advised that he has lived in the area for 12 years and has seen incremental traffic impacts as Fry's, Home Depot, Staples, etc. came to the area. . Stated that there are other potential sites for Kohl's in Campbell. Mr. John Miller, Representative for owner ofthe Franciscan Apartments on Almarida: . Identified himself as a commercial real estate developer in San Jose. . Said he is familiar with this application and the traffic studies. . Stated that no consideration has been taken on the impacts of this project Mr. Sandoval's property with apartments where approximately 300 people reside. . Suggested that the Almarida design be changed. Mr. Wayne Prescott, 873 N. Central Avenue: . Said that he spoke at each of the last sessions regarding this project. . Said that he tries to determine the justification for basing traffic study for 350 trips per hour for a site that needs more than 600 parking spaces. . Stated that there seems to be a presumption that traffic will access this site coming from Highway 17. . Pointed out that Payne Avenue is the most heavily traveled in this neighborhood and that he felt it is ludicrous to think that traffic won't access Kohl's via Payne and Almarida. Mr. John Salberg, 1254 N. Central Avenue: . Pointed out that notification has been sent that Council will be reviewing this project on May 4th. . Declared his belief that this is already a done deal. . Questioned what the rights are of the property owners ofBreuners. Planning Commission Minutes of April 27, 2004 Page 9 Senior Planner Geoff 1. Bradley replied that this public hearing represents the process available to the property owner in order to develop this property. Chair Doorley added that the process has included Site and Architectural Review Committee review, Planning Commission review and will include Council review. Asked staff to clarify what the site's zoning would permit to be built on this property. Senior Planner Geoff 1. Bradley replied there is a 75-foot height limit and that the CEQA process reviews environmental impacts of a proposed project. Ms. Trudy Carney, 964 Almarida Avenue: . Said that when one drives off Hamilton and makes a right onto Almarida, it is impossible to access the Elephant Bar parking lot. . Added that when leaving Almarida, to make a left turn onto Hamilton, it is almost impossible to cross over to the right lane to access Highway 17. . Wamed that the impacts when the Kohl's store is there are unknown. Mr. Mark Bergman, Applicant's Representative: . Thanked the Commission for hearing this matter. . Said that he accepts responsibility for taking a 118,000 square foot existing building and replacing it with 98,000 square foot and 73,000 square foot buildings. The 73,000 square foot building includes a 13,500 square foot basement that will serve only for storage. In addition, 10,000 of the Kohl's building will also be devoted to storage of goods. Therefore, the project results in only an approximate addition of25,000 square feet. . Thanked the Commission and audience and assured the neighbors that their concerns have been heard. Mr. Brian Hobbs, 871 Monica Lane: . Pointed out that while Breuners draws from a wide area and has fewer stores, Kohl's draws from a closer distance and has more stores to serve smaller areas. . Said that it is not fair to look at Highway 17 as the main point of access. . Reminded that people from the local community will shop there. Chair Doorley closed the Public Hearing for Agenda Item No.3. Commissioner Gibbons asked for clarification about the FAR of.40 versus the proposed .43. Senior Planner Geoff 1. Bradley clarified that the .40 mentioned in the General Plan is a general summary figure and is not a zoning code requirement. Commissioner Hernandez asked for clarification that the basement space is not calculated in the parking requirement. Asked if a Condition has been imposed that restricts that space to storage only and not retail use. Senior Planner Geoff 1. Bradley replied correct and pointed out Condition of Approval No.4 (Attachment 7, page 2 of 15). Planning Commission Minutes of April 27, 2004 Page 10 Commissioner Hernandez asked staff how it arrived at the Traffic Mitigation Fee. PW Director Bob Kass said that there was no specific formula used but rather staff looked at the recent Campisi expansion for which Pruneyard contributed $700,000 while the pending office/hotel development has been assessed $300,000. Staff felt that the Kohl's project is more similar in scope to the hotel/office project and assessed the figure of $275,000 upon negotiation with the applicant. Commissioner Hernandez asked staff if this is a rough figure. PW Director Bob Kass replied yes. He added that it has been discussed to allocate the $300,000 amount that the Creekside hotel/office project has been assessed be applied to this off-ramp expansion since the Campisi expansion is constructed. Additionally, the projected $80,000 to $85,000 construction tax estimated for this project could also be directed to this off- ramp expansion project. That brings us close to the dollar amount required. Commissioner Gibbons asked if the project cost anticipates any land costs and suggested that a Condition clearly states that the necessary land must be provided by this property to accommodate the added off-ramp lane. PW Director Bob Kass said that the estimated cost is based on recent numbers. Commissioner Gibbons asked when the approval for the Creekside project expires. Senior Planner Geoff1. Bradley replied December 2005. PW Director Bob Kass added that if that project approval expires, any new development proposal would also be assessed the same fee. If a new project on the Creekside site is not constructed, the impacts to the area are proportionally reduced. Commissioner Alderete reminded that at SARC it was recommended that the pylon sign be reduced to 50 feet in height. He asked staff if the proposed "City of Campbell" lettering is still located at the topmost portion of this sign. Senior Planner Geoff 1. Bradley replied that with the reduction in height this will now appear below the name of the stores. Commissioner Alderete asked if the architectural changes proposed by SARC have been incorporated, including modifications to both the Breuners and Kohl's buildings. Senior Planner Geoff 1. Bradley replied that the required changes have been written into the Conditions and can be brought back to SARC. Commissioner Alderete asked if the recommendations included in the March 25th letter from VT A have been addressed. Planning Commission Minutes of April 27, 2004 Page 11 Senior Planner Geoff 1. Bradley replied that the bicycle parking has been provided and that he would defer the discussion on the suggested Hamilton Avenue sidewalklbikeway changes to Public Works Director Bob Kass. Commissioner Alderete asked if the quantity and class of bicycle parking is being provided as proposed by VT A. Senior Planner Geoff I. Bradley replied that bicycle parking must be added to the site plan per the Conditions of Approval. Staff is recommending bike racks versus bicycle lockers, as most people are more likely to use a bike rack. PW Director Bob Kass added that a nexus threshold must be evaluated when imposing some of these VTA improvements on a project. The VTA proposals do not mitigate the impacts of this project. Staff is initiating a feasibility study on the widening of the sidewalk and has a grant from VT A to do the study and construct the improvements. At this time, staff is not sure if it is feasible and did not see a significant benefit to having this project contribute. Commissioner Alderete asked if any of the $275,000 could be diverted to bicycle access. PW Director Bob Kass said conceptually yes. However, staff chose not to lay that requirement on this developer. Commissioner Gibbons asked staff if they had the opportunity to research the size of the Home Depot signs. Planner Melinda Denis advised that the frontage sign is 9 feet by 58 feet for a total sign area of 522 square feet. Commissioner Rocha asked if the hours of operation are proposed as concluding at 11 p.m. or midnight. Senior Planner Geoff 1. Bradley replied midnight. Commissioner Rocha asked if all activity on the site must cease at midnight. Senior Planner Geoff 1. Bradley replied yes but proposed that text be added to the Conditions to be clear that all activity on site must cease no later than 12 a.m. Commissioner Gibbons: . Advised that she has a lengthy series of questions and comments. . Extended her appreciation to staff, the consultants and the applicants who have done a stellar job of working together. . Thanked the neighbors for their input and said that it was essential that they be heard. . Said she has nine topics to bring up in order to look at this project as a whole. 1. Architecture and presence of the building in the community. The applicant worked with SARC to address proportions, massing, etc. A substantive amount of landscaping is being provided with numerous 24 to 36-inch boxed trees of a diverse mixture. A Planning Commission Minutes of April 27, 2004 Page 12 more detailed landscape plan is to be brought back. The overall layout includes three driveways with staff parking at the rear. One area of concern is the combination of standard to compact parking spaces at a 50/50 ratio. Encouraged a revision to require uni-stalls. A second parking issue is the number of proposed spaces. Stated that she is uncomfortable with the proposed parking. 2. Construction Hours: Said that she has concerns about allowing construction to begin at 7 a.m. due to proximity to residential uses. Said that crews usually arrive early and noise could begin as early as 6:30 a.m. While she understands that construction has its requirements, she felt a condition to change the allowable construction hours would be warranted. 3. Operational Hours: Expressed concern over the noise and light levels. Said that at least 30 minutes of straggler shoppers and departing employees could occur at the end of the day. Reminded that there has been a problem with Elephant Bar and noise impacts in the past. Said that a Condition may be required that has night employees parking as far as possible away from residential uses. Also suggested duel controls for the lighting that still assures a safe level of lighting. Suggested a Condition that requires a variation of lighting levels that can reduce ambient light, as it is important to reduce this. Also suggested a Condition to limit the size and height of the light poles to 14 feet or less and have this reviewed with the Landscape Plan. 4. Sign Program: Said that it looks to be in line with other projects and that the pylon size is reasonable at the reduced 50 foot height. 5. $275,000 Off-Ramp Fee: Suggested that this amount is somewhat arbitrary and questioned the estimate by the applicant of $1 million in fees to the City as a result of this project. Senior Planner reported that this is the developer's estimate whereas his own estimate is more likely to be $500,000. Commissioner Gibbons said that the developer should contribute to the improvements required along Almarida Avenue. Senior Planner Geoff 1. Bradley reported that this requirement has been conditioned. Commissioner Gibbons said she did not see that in the Conditions of Approval. Senior Planner Geoff 1. Bradley pointed out Condition No. 52 and assured that the improvements along Almarida are the responsibility of the developer. Commissioner Gibbons: . Said that a great deal of attention has been focused on traffic and expressed concern that all eggs are being placed in one basket. . Said that it is important that part of the solution does not unintentionally exasperate the problem. . Added that the project should not be held hostage to existing problems in the neighborhood but that there must be careful and prudent review of impacts. . Admitted that she is familiar with school traffic impacts on her own street. Planning Commission Minutes of April 27, 2004 Page 13 . Agreed that Elephant Bar will suffer access problems and expressed concern over the Level of Service (LOS) F at the off-ramp. Reminded that if the mitigation is not achieved, the Commission would have to revisit the CEQA document, adding that she thinks this is a cop out and she is not comfortable moving forward with that. . Commissioner Hernandez: . Stated that Commissioner Gibbon's comments were well taken. The whole project and not just parts of it must be evaluated. However, traffic is a big issue. . Agreed that this is a commercially zoned property that is located adjacent to residential uses. There is tension with the co-existence of these two uses. . Expressed concern over the signage and late hours, which he felt were excessive. . Said he is unconvinced that the foundation for the traffic study is solid and he finds it hard to believe that this data must be used instead of information that is more in keeping with the demographic of Campbell. . Stated his concern in approving a project with weak foundation that could equal a house of cards. Chair Doorley: . Said he shares the concern over the traffic study. . Stated that he has seen the methodology of a traffic study work on a regional level but has never seen one on a specific location that satisfied him. Instead he uses a "gut" check. . Said that he felt entrance traffic off Highway 17 would be fine but that outbound traffic concerns him greatly. The ability to get out is a fundamental sticking point but staff has convinced him. . Said that while he thinks there are many issues, including land issues and parking, he is inclined to support this project. Commissioner Rocha: . Said that whatever necessary should be done to mitigate traffic. . Stated that a majority of the time queues will be jammed and he is not satisfied with exit issues. While people may get onto the site, it may be difficult to get out. . Said that the concerns expressed by the neighbors are valid but many are existing conditions. . Reported that he has resided in Campbell since 1978. . Said that the proposed landscaping is fine. . Stated that he has a big problem with the parking structure initially proposed and hope this idea does not reappear. . Restated that the issue is traffic impacts and whether they can be mitigated. Commissioner Gibbons asked the City Attorney where she should start with findings if she were to propose a motion for denial. City Attorney William Seligmann replied that the proposed findings for the Site and Architectural Review Permit could be modified with the removal of Findings 14, 15 and 16. There would be no action required on the Mitigated Negative Declaration and the other applications would be mote by the denial ofthe Site and Architectural Review Permit. Planning Commission Minutes of April 27, 2004 Page 14 Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission considered adoption of a Resolution to deny the Site and Architectural Review Permit to allow the construction of two new commercial retail buildings on property located at 525 E. Hamilton Avenue, by modifying the draft findings to delete 14, 15 and 16, as well as denying the adoption the other proposed Resolutions as being mote with this action, by the following roll call vote AYES: Gibbons, Hernandez and Rocha NOES: Alderete, Doorley, Francois and Roseberry ABSENT: None ABSTAIN: None This motion failed. Commissioner Gibbons asked that the proposed added Conditions previously discussed be incorporated into the next motion. Commissioner Francois asked for clarification on what specifically should be added. Commissioner Gibbons mentioned the change of all parking spaces into uni-stalls, parking lot lighting levels and a requirement for specific staff parking for late night staff. Senior Planner Geoff 1. Bradley reminded that the bicycle parking has not been addressed. City Attorney William Seligmann added that the following added Conditions have been proposed: . Site and Architectural Review Permit Resolution: Add to Condition 9-D, "all parking shall be uni-stalls parking rather than compact/standard parking stalls, subject to review and approval by the Community Development Director, unless the resulting number of parking spaces would fall below 611 with this change. . Site and Architectural Review Permit Resolution: Edit Condition 17 to require that dual controls for the parking lot lighting as well as height and placement of the lights shall be subject to review and approval by the Community Development Director. . Site and Architectural Review Permit Resolution: Condition ll-B, the staff parking for late hours shall be located away from the residential uses. . Site and Architectural Review Permit Resolution: Edit Condition 9, to add subsection C, Provide a minimum of 40 bicycle spaces in four locations on site with one enclosed bicycle locker at each of the four locations. . Site and Architectural Review Permit Resolution: Add a Condition: Eco Pass: Employees of Building A (Kohl's) and Building B (Breuners) shall be provided Eco Passes by their employers through the Santa Clara Valley Transportation Authority's Eco Pass Program. . Conditional Use Permit Resolution: Condition 7 shall be modified so that the store shall close at 11 :30 p.m. and all on-site activity, indoors or outdoors, shall conclude by 12 a.m. . Conditional Use Permit Resolution: Add to Conditions: Review of Use Permit: This Use Permit shall be reviewed following one year in the event that there are verified noise complaints. Planning Commission Minutes of April 27, 2004 Page 15 Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Francois, the Planning Commission took the following actions for development of the property located at 525 E. Hamilton Avenue: 1. Adopted Resolution No. 3562 approving a Mitigated Negative Declaration; 2. Adopted Resolution No. 3563 approving a Site and Architectural . Review Permit to allow the construction of two new commercial retail buildings; 3. Adopted Resolution No. 3564 approving a Sign Program for five new signs, whereas six were proposed; 4. Adopted Resolution No. 3565 recommending that Council approve a Sign Application for a freeway oriented sign; 5. Adopted Resolution No. 3566 approving a Tree Removal Permit to remove 51 protected trees; and 6. Adopted Resolution No. 3567 approving a Conditional Use Permit to allow late night hours; by the following roll call vote AYES: Alderete, Doorley, Francois, Rocha and Roseberry NOES: Gibbons and Hernandez ABSENT: None ABSTAIN: None Commissioner Gibbons thanked the Commissioners for the thoughtful discussion of this project. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions by Geoff 1. Bradley, Senior Planner: . Advised that Council approved the townhome developments at 549 and 213 W. Rincon Avenue at their meeting of April 20th. . Reported that the May 11 th Planning Commission agenda will include a Use Permit application for 90 E. Latimer and a discussion on the Brown Act. Commissioner Gibbons advised that she would be out of town and miss the May 11 th meeting. ADJOURNMENT The Planning Commission meeting adjourned at 9:40 Commission Meeting of ay 11, 20 .---- L .m. to the next Regular Planning ) SUBMITTED BY: APPROVED BY: ATTEST: