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PC Min - 09/09/2014CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. SEPTEMBER 9, 2014 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of September 9, 2014, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Resnikoff and the following proceedings were had, to wit: Rni i r_ni i Commissioners Present Commissioners Absent: Staff Present: APPROVAL OF MINUTES Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Paul Resnikoff Pam Finch Cynthia L. Dodd Yvonne Kendall Philip C. Reynolds, Jr. Michael L. Rich Donald C. Young None Community Development Director: Planning Manager: Associate Planner: City Attorney: Recording Secretary: Paul Kermoyan Aki Honda Snelling Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Kendall, seconded by Commissioner Finch, the Planning Commission minutes of the meeting of August 26, 2014, were approved with a minor addition to page 6. (7-0) COMMUNICATIONS Written communications received late in the day for Agenda Item #2 were distributed. Campbell Planning Commission Minutes for September 9, 2014 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Director Paul Kermoyan advised that staff realized that Item 2 was going to be well attended. Item 3 is anticipated to take long as well but Item 1 should not. He deferred to the Commission as to the optimal order of tonight's agenda. After discussion, the Commission discussed moving Item 3 ahead of Item 2 but ultimately decided to hear the agenda in its original order given the number of people present to participate on Item 2. ORAL REQUESTS None *** PUBLIC HEARINGS Chair Resnikoff read Agenda Item No. 1 into the record as follows: 1. PLN2014-87 Public Hearing to consider the application of Kaiser Kaiser Permanente for a Modification (PLN2014-87) to a previously Permanente approved Master Sign Plan (PLN2000-133) with a Sign Exception for the Vasona Technology Park on properties located at 220 E. Hacienda Avenue (1315 Dell Avenue & 1357 Dell Avenue). 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, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report. Commissioner Rich asked for further clarification as to why an Exception is required. Planner Daniel Fama replied that the Sign Ordinance's signage allowance standards are based upon uses rather than zoning and take into consideration destination businesses versus retail with come and go traffic. Commissioner Finch presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project on August 12t" and its recommendations were accepted by the applicant and have been incorporated in to the conditions of approval. • Reported that SARC did not support the proposed two wall signs in the interior facing wall; did support the request for a wall sign facing Hacienda; but recommended a reduction from the requested 90 square feet down to 50 square feet. Campbell Planning Commission Minutes for September 9, 2014 Page 3 Chair Resnikoff opened the Public Hearing for Agenda Item No. 1. Sandra Hitchcock, Applicant's Representative: • Stated they were comfortable with what is proposed and she was available for any questions. Commissioner Finch asked if Kaiser Permanente has a preference between the two sign designs. Sandra Hitchcock replied that they have a sign standard and the second design is closer to it than the other. It is the horizontal sign. Chair Resnikoff closed the Public Hearing for Agenda Item No. 1. Commissioner Finch said that she saw the vertical designed sign in San Mateo and finds them to be very large. She added that she personally prefers the horizontal design and finds it much nicer. Commissioner Dodd said that she appreciates the reduction in wall sign size and having only one sign facing Winchester. Commissioner Reynolds: • Pointed out that this is a medical facility that offers urgent care but not emergency care. • Advised that he and his wife patronize this Kaiser location. • Added that seniors could benefit from improved signage. • Said that visibility comes into play and that he is leaning towards the vertical design. Commissioner Kendall: • Agreed with Commissioner Dodd and SARC. • Said that she personally likes the vertical sign design better as it is more modern while the other design looks dated. This is a good way to update the look. • Concluded that she could go either way. Commissioner Finch: • Expressed concern about the size of the freestanding sign when turning off Winchester onto Hacienda. • Said that she doesn't want to see too many big freestanding signs. Commissioner Reynolds reminded that such signs would be considered on a case-by- case basis. Commissioner Young said that he likes the bigger sign as it seems stronger while the other looks "bashful". Campbell Planning Commission Minutes for September 9, 2014 Page 4 Motion: Upon motion of Commissioner Kendall, seconded by Commissioner Dodd, the Planning Commission adopted Resolution No. 4164 approving Modification (PLN2014-87) to a previously approved Master Sign Plan (PLN2000-133) with a Sign Exception for the Vasona Technology Park on properties located at 220 E. Hacienda Avenue, by the following roll call vote: AYES: Dodd, Kendall, Resnikoff, Reynolds, Rich and Young NOES: Finch ABSENT: None ABSTAIN: None Chair Resnikoff advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *~ Chair Resnikoff read Agenda Item No. 2 into the record as follows: 2. PLN2012-207 Public Hearing to receive public and Planning Commission Staff comments on the preparation of an Environmental Impact Report (EIR) for the Dell Avenue Area Plan (DAAP) (Application PLN2012-207). These comments will be used to scope issue areas necessary for the environmental analysis. There is no specific development project being considered. Rather, the DAAP will be used as a visioning and regulatory document to provide development opportunities focused on high-tech industry within the Dell Avenue Area proper and mixed use development along Winchester Boulevard. Development opportunities contemplated within the DAAP are anticipated to increase the Floor Area Ratio from .4 to 1.5 and the building height from 45 feet to 75 feet (within the Dell Avenue Area proper) and 35 feet to 45 feet (along Winchester Boulevard). Please refer to other draft development standards in the following document located on the City's website at http://www.cityofcampbell.com/DocumentCenter/View/2059. Mr. Paul Kermoyan, Community Development Director, presented the staff report as follows: • Introduced consultant Bruce Brubaker with Placeworks. • Offered a context for which we are here today. • Stated that many residents have stated that they were unaware of the Dell Avenue Area Plan (DAAP) project. • Explained that the purpose is to receive public comment prior to preparation of the Environmental Impact Report (EIR) for the Dell Avenue Area Plan. • Reported that the project area originally began at the railroad tracks. Soon after, the project area was expanded across Winchester. Campbell Planning Commission Minutes for September 9, 2014 Page 5 • Advised that the proposed DAAP began being considered in 2011 when the Economic Development Subcommittee of the City Council sought ways to retain high tech. It the past, high tech company may start in Campbell, get some success and then leave the City for other communities. The Subcommittee wanted to discover a way to become more competitive in retaining businesses as well as in attracting new ones to Campbell. • Added that in April 2012, this proposal was folded into the budget planning process. In May 2012, Council supported including this into the Capital Improvement Plan, which offers afive-year outlook. In October 2012, the Council conducted a study session to kick off this project. That session was astaff-focused review but held in a public meeting. • Said that the DAAP was included in the Fiscal year 2013/2014 Work Plan and work began. In September 2013, outreach to stakeholders (property and business owners from the DAAP project area) occurred and a Citizen's Advisory Committee (CAC) was formed to solicit ideas on how best to stimulate business in that area. A public outreach workshop was held on December 4, 2013, with notices sent out in November using a 1,000 square foot noticing list. On February 18, 2014, Council conducted a study session to be updated on the workshop. • Stated that staff discussed circulation issues with representatives from the Town of Los Gatos. • Pointed out that intensity brings with it traffic. Campbell shares this corridor (Winchester) with the Town of Los Gatos. These conversations occurred over a four-month period with discussions as to what intersections should be studied. • Said that the City then initiated the environmental review. A Notice of Preparation was sent on July 16, 2014, fora 30-day comment period per the requirements of CEQA (California Environmental Quality Act). • Stated that this meeting is to allow the public and the members of the Planning Commission the opportunity to comment. • Admitted that it is hard to separate the project from the environmental review. An increase in the number of trips may impact the scope of the project. • Assured those in attendance that it is not too late to be heard. The project remains in progress. There is no draft plan yet. Three is the ability to shape the project and the environmental document. There will be future meetings. The Planning Commission can hold multiple meetings as necessary before forwarding the DAAP on to Council. • Reiterated that this is a public process and we're in it right now. Bruce Brubaker, Associate Principal & Project Consultant, Placeworks: • Advised that he has been involved since the kick-off in the Fall of 2013. The purposed this evening is to discuss the upcoming draft plan in relation to the preparation of the EIR. The public can provide comment to help shape the environmental document. Staff seeks to unearth those issues that might impact the direction of the environmental review. • Listed the boundaries for the DAAP; the opportunities and constraints that equate to "existing conditions" and preferred alternatives. Campbell Planning Commission Minutes for September 9, 2014 .Page 6 • Said that interactions have taken place to figure out transportation and circulation analysis issues. His firm is now writing a draft and preparing the environmental review. It is important to do both together. • Stated that the overall vision for the DAAP is to retain and attract high-tech uses to the industrial park and to create supportive land uses to attract high-tech to the area. The inclusion of nearby amenities is critical to attracting to an area. It is important to create supportive land uses such as cafes, restaurants and retail to keep people there. The Los Gatos Creek Park is an amenity for this area. It is important to focus on sustainability in architecture and transit. It is important to improve the urban character and to create mixed uses with commercial and residential nearby so employees have opportunities to live near to where they work. The DAAP is intended to attract investment. It offers a land use framework. The core would be tech uses with professional services in a support role including printing, shipping and others. It is important to take advantage of the waterfront asset and to provide employee housing options nearby. • Explained that there are three districts within the DAAP. The waterfront, for which no residential uses would be included. DAAP Central and DAAP West (located across Winchester Boulevard. The DAAP West district would allow residential within the Winchester Boulevard frontage with neighborhood protections on the issue of maximum heights allowed there. Building heights would be stepped down there. • Listed the overall improvements and amenities proposed as including bike lanes, pedestrian connections, connections to the Los Gatos Creek Trail and Park and new retail/restaurant uses. This is an anticipated growth plan fora 25 year time frame or more that would net between 2.2 and 2.3 million new square feet in office space and 300 residential units over the life of the plan. • Explained that CEQA review is the law in California that requires that projects that result in impacts on the environment be mitigated if possible. The EIR will include alternatives to impacts. The CEQA review (EIR) does not approve a specific project. • Reported that the Notice of Preparation includes a scoping phase and this is a scoping meeting leading to the environmental review and analysis. Letters from residents and agencies will be incorporated. After the draft EIR is completed, it will be reviewed with the city and published for public comment period along with the draft DAAP. Comments are collected and the Final EIR responds to the comments received after which time the EIR is considered for approval and certification. There are 16 areas addressed with an EIR including Air Quality and Bio Resources, Land use, Noise, Public Services, Utilities and Transportation. • Said that the next steps and tentative schedule will include evaluating the impacts and publishing the draft (October 2014); 45 day comment period (October/November 2014) and final EIR (December 2014). Hearings on the DAAP would occur in early 2015. Commissioner Dodd asked for clarification as to when the Planning Commission would hold its hearing. Director Paul Kermoyan said that the Commission can consider the DAAP at multiple meetings as deemed necessary. Campbell Planning Commission Minutes for September 9, 2014 Page 7 Commissioner Kendall asked if potential environmental impacts are specific. Commissioner Reynolds asked what triggered adding DAAP-West to the project area. Bruce Brubaker said it was added after hearing from stakeholders of their interest in locating housing nearby. Director Paul Kermoyan: • Reiterated that the focus in initiating the DAAP was to retain businesses when the City was losing some. Barracuda is located on the west side and they are outgrowing their space. Staff has been actively working to find alternative ways for them to park. Staff couldn't ignore the Winchester part of this larger area and it allows for additional amenities that the C-2 Zoning allows that might be better than the existing predominance of auto repair. He said that retail draws commercial businesses. • Said that the DAAP could offer things such as expedited permit processes; license and/or building permit credits to incentivize location in the DAAP area and a variety of other factors. The decision to add DAAP-West was made quite early in the process. Commissioner Reynolds asked why Highway 17 and the percolation ponds were not included in the "wetlands" area. Director Paul Kermoyan: • Explained that the percolation ponds are included only at the periphery as access to the Los Gatos Creek Trail. There would be no development there. It will be left fallow and untouched. Bruce Brubaker said that any identifiable impacts to the percolation ponds would be included in the EIR. He added that the initial comments from the Santa Clara Valley Water District (SCVWD) have been received. Commissioner Reynolds asked if any potential of beautification to the ponds had been considered. Director Paul Kermoyan said that no thought had been given to that. Commissioner Rich asked whether any consideration had been given to just using the east side for housing rather than including DAAP-West in the project. Director Paul Kermoyan: • Said that this was discussed internally but there is a concern. There is no provision for housing for housing there currently. It would be too abrupt a difference in uses. Multi-family occupancy is more consistent with single-family residential than with commercial. • Advised that the use of DAAP-West for mixed-use is a draft idea at this point and is not set in stone. If this vision does not represent the community vision, it will be Campbell Planning Commission Minutes for September 9, 2014 Page 8 revisited. He stated it is important to consider both sides of Winchester or we create a problem. Commissioner Dodd asked if parking garage is part of the DAAP. Bruce Brubaker said that they are still working on parking. Each development will be responsible for providing sufficient parking on their own site. Commissioner Young asked if the VTA (Light Rail) was influencing this DAAP Bruce Brubaker: • Stated that mixed-use housing is good around transit and helps contribute to ridership. • Said that the mixed-use designation would not necessarily mean housing over retail. There could be either residential or office use there. Commissioner Finch asked if having residential units on the other (non-DAAP-West) side instead is possible. A final decision has not yet been made? She asked about the status on the expanded Light Rail station(s). Director Paul Kermoyan: • Explained that adding stations was along-term vision of the VTA about 20 years ago. At the time, the expanded stations would have cost about $20 million and now have risen to between $170 and 200 million. The possible reality to extend the Winchester Station over to the anticipated Hacienda Station is now minimal. Bruce Brubaker said that he hopes that the DAAP could serve as an incentive to VTA for the expansion to Hacienda. However, he cautioned that we are talking about a considerable timeframe here. Commissioner Reynolds asked if the recent changes dealing with emergency shelters would be impacted by the DAAP EIR. Bruce Brubaker said only if a specific shelter project is approved. If not, it would be speculative. Director Paul Kermoyan said that as a result of Senate Bill 2, the City needs to provide opportunities. The focus is for the City to indentify a zone where shelters are viable. Planning Manager Aki Honda Snelling said that they are permitted in the M-1 Zone. Director Paul Kermoyan: • Clarified that shelters would be allowed by right in M-1 zones. • Said that the DAAP is intended to help retain and attract high-tech. • Added that it was initiated as a means of determining how to save businesses from leaving Campbell. Campbell Planning Commission Minutes for September 9, 2014 Page 9 Commissioner Kendall asked staff if during its meetings with Los Gatos whether cumulative impacts (i.e. traffic) were discussed. She pointed out the North 40 district of Los Gatos where denser housing is proposed. Bruce Brubaker said that part of the cumulative or baseline analysis is considered within the EIR traffic analysis. Both current, approved and recently constructed development is considered. One cannot ignore future impacts and their consequences. Commissioner Dodd asked how many housing units were constructed at the back of the Netflix site that is in Los Gatos. Director Paul Kermoyan said he didn't have that number. Chair Resnikoff: • Said that this discussion is to cover potential environmental impacts of the DAAP. • Assured that everyone would have the chance to speak and to accommodate the number of people wishing to address this issue, speakers will be limited to a two- minute time frame. • Asked that if several speakers have the same comments that they somehow be combined rather than repeated. Chair Resnikoff opened the Public Hearing for Agenda Item No. 2. Audrey Kiehtreiber, Resident on Walnut Drive: • Said that residents in her neighborhood have held several meetings and she has a signed document and a summary of their comments. • Added that members of her neighborhood will speak. • Asked the Commission to give consideration to the neighbors' comments. • Reminded that her neighborhood has an appreciation of its rural atmosphere. • Said that she feels that normal project processes are being ignored and that she hopes to see a cohesive project with the DAAP. Susan Landry, Resident on Curtner: • Stated that she is an Environmental Architect who resides on Curtner, which was recently annexed into Campbell. • Reported that she was not able to access the documents on the City's website. • Suggested that the City needs to re-think these projects and be creative/innovative regarding issues such as storm water management as well as look at multi-parcel parking, circulation loops and quality of life in Campbell. • Stated that what was done before just doesn't work. Peter Kiehtreiber, Resident on Walnut Drive: • Stated that he understands that the EIR is for the planning document and not for actual construction so it casts a wide net. At this time no one knows what buildings will actually go there so pessimistic assumptions are being used. • Opined that "hope" is not a plan. Campbell Planning Commission Minutes for September 9, 2014 Page 10 • Added that traffic needs to be considered including the different VTA possibilities. Right now the plan assumes a new rail crossing. These variables need to be taken seriously and have contingency plans in place if they do not occur. • Asked for clarification that there would be additional EIR's for actual construction. • Stated that if this EIR is their one shot, they need to know that now. Michael Tehranian, Resident on Chapman Drive: • Reported that their neighborhood already has a parking issue. Employees from Barracuda take up residential area parking. That is a current situation. • Said that this DAAP project could result in possible impacts as well. Nahid Tehranian, Resident on Chapman Drive: • Reiterated that there is already business parking overflowing into their residential neighborhood. • Expressed concerns about the parking provisions for future mixed-uses along Winchester Boulevard. • Suggested that a permit parking program be implemented to keep commercial traffic out of their neighborhood and/or parking hour limits be posted. • Questioned where parking structures might be located. • Expressed concern about impacts on the environment including the water table with the potential use of subterranean parking. Carol Zimring, Resident on W. Hacienda Avenue: • Expressed concern about quality of life impacts of this project. • Said that she lives in a condo on Hacienda that is located right behind Barracuda. It is now a problem and it is just day uses and not night uses. • Stated her concern is for noise and ambient changes, an increase in commuters, buses, garbage trucks and service vehicles. • Said that there is already extra traffic and gridlock at peak commute times traveling towards 85 or 880. That needs to be taken into consideration. • Said that while staff may think that this DAAP is a great opportunity for the City, it is important to consider the people already living here and take their concerns into consideration. Clifford Retzer, Resident on Walnut Drive: • Stated his areas of concern as including quality of life, air quality, aesthetics and visual impacts. • Said that traffic equals pollution at a much higher level. Urban transportation contributes to air pollution. • Stated his surprise at how fast the EIR can be done per the listed schedule. • Pointed out that the proposed 75-foot high buildings would have an impact in loss of privacy and security as well as increase light impacts and night glare. Ellen Dorsa, Resident on Walnut Drive: • Reported that she attended the Council Candidates' Forum the previous evening. Campbell Planning Commission Minutes for September 9, 2014 Page 11 • Stated that one issue raised was the situation in the Downtown and the desire to maintain asmall-town atmosphere. The Downtown is also experiencing overflow parking into the nearby residential neighborhoods. • Questioned why their neighborhood should not get the same consideration and concern. • Said that although not "downtown" they are still a part of Campbell. • Questioned the proposal to include residential units as part of the DAAP-West. • Pointed out that the Netflix project put housing behind the commercial and it is nice. • Expressed concern about the need for 300 more residential units along Winchester. • Reported that many people just jaywalk across Winchester to get to lunch right now. Joanne Carroll, Resident on Walnut: • Expressed her concern about impacts of traffic and parking on their neighborhood. • Stated that the traffic in the area is already at capacity. • Reported that Walnut Drive is used by commuters to by-pass congestion along Winchester. • Suggested an independent study be done on the traffic patterns in this immediate area. • Opined that Campbell is using inadequate information to calculate its parking needs with this proposal. Chris Harris, Resident on Budd and Business Owner on Dell: • Said that he has operated his business on Dell for nearly 20 years. It is a high-tech business but a small one generating about $2 million a year. • Stated that he feels his small business is being pushed out. • Questioned who is on the Advisory Committee. • Said that the stated goal for the DAAP is to attract development but he asks who is asking for this project. • Suggested the need to "follow the money." Mitch Sterner, Resident on Walnut Drive: • Said that he has lived for half a century on Walnut Drive. • Stated his appreciation for the work of the Planning Commission as it is hard to please everyone. • Said that he has a few concerns with the DAAP. He said specifically he is concerned about the proposed mixed-use development along Winchester, directly adjacent to single-residential homes in their neighborhood. He reminded that about 20 years' ago many in his neighborhood were involved in the creation of the San Tomas Area Neighborhood Plan (STANP) to preserve their neighborhood's rural character. • Stated concern about potential heights. • Reported that there are houses under construction on Knowles, which is in Los Gatos. Cars related to that development are being left in his neighborhood by Google employees who are shuttled to work. • Opined that this DAAP plan is "boring" and needs to be more forward thinking. Campbell Planning Commission Minutes for September 9, 2014 Page 12 James Biggers, Resident on Capri Drive: • Said that there are Light Rail issues to take into consideration. The number and location of stations is critical. There has been consideration of elevating the tracks. • Added that there must be adequate parking for Light Rail riders as well as access for pedestrian traffic. Gina Henley, Resident on Chapman Drive: • Said that there is a lot of new development under way in Los Gatos including two developments on Knowles as well as the expansion of the hospital there. This new development will impact all surrounding streets. • Pointed out that the on-ramp to 85 is already a nightmare with Winchester backing up in both directions at peak commute times. • Stated that Campbell is a delightful city to live in but it would not be with the DAAP in place. • Explained that her father is an architect and that the DAAP just won't work especially with housing along Winchester. Paul Leemon, Resident on Chapman Drive: • Expressed concern about the EIR proposed. • Reported that he used to work on Dell Avenue in the 1970's and knows that there is kerosene, acetone and other seeping fluids contamination there. • Stated his hope that ground contamination is investigated. Jhaine Goesling, Resident on Walnut Drive: • Said that she has lived in Campbell for 30 years. • Said that behind her home on Walnut is a 15-foot-high commercial building along Winchester Boulevard that has view impacts on her home and privacy. • Stated that she likes her privacy and asmall-town feel. • Added that she felt that the communication with the neighborhood about the DAAP has been inadequate. The plan implied industrial uses not housing. Adding housing has a huge impact. • Pointed out that this proposal impacts everyone. • Expressed appreciation for Audrey Kiehtreiber who made the neighborhood aware of the DAAP. Von Goesling, Resident on Walnut Drive: • Stated that his concern is with the inclusion of DAAP-West. • Added that he is concerned about visual quality with the proposed 45-foot maximum heights that would be possible. • Opined that this would represent a lot of families looking down on those living behind on Walnut Drive. • Stated that there are existing traffic and parking concerns in the area. • Said that he wants to be a part of the discussions moving forward. Carolyn Bricmont, Resident on Chapman Drive: • Expressed concerns about the impacts of the DAAP on the provision of education in the immediate area. Campbell Planning Commission Minutes for September 9, 2014 Page 13 • Stated that Capri Elementary School was built to serve 300 students and there are 600 students enrolled there now. It is seriously overcrowded. • Explained that she was a teacher. • Added that there is potential for accidents for students walking to schools in the area. Most parents don't allow their children to walk to school due to safety and traffic concerns. There are no sidewalks. Maggie Desmond, Resident on Hack Avenue: • Stated that she is offended by the limitation of public comments to two-minutes per speaker. • Asked that the City remove the DAAP-West area from the DAAP. • Pointed out that no one was invited to serve on the advisory committee. • Suggested that this DAAP be tabled now due to inadequacy of noticing in order to expand the notice and that the Advisory Committee meets with impacted residents to discuss the cumulative effect of the DAAP. • Asked to have mixed-use development defined and explained further. • Pointed out that there are half-empty buildings on Dell Avenue right now. • Said that existing conditions are already impacting her neighborhood. Jim Mair, President, South Bay Development, Dell Avenue: • Identified himself as a major property owner in the DAAP area with 10 buildings totaling 250,000 square feet of space including the original Vasona Business Park. He is a previous owner of the Water Tower I and II buildings. He is the President of South Bay Development. • Said he has a different perspective. • Advised that the DAAP is something desired by the City of Campbell rather than by the property owners along Dell. • Admitted that there are things in the DAAP that make sense. • Pointed out that there are a number of multi-tenanted industrial buildings along Dell. • Questioned how the DAAP envisions tearing down buildings occupied by multiple tenants with varied leases. He does not understand how this works. • Added that some buildings in this area have between 50 and 70 years of life left in them. Bob Wood, Resident on Chapman: • Said that he agrees with what others have said here this event. • Reported that he has four homes on Chapman and this DAAP appears to be kicking them out. Laura Galvan, Resident on Chapman Drive: • Said that the Winchester frontage is currently zoned C-2. • Pointed out that the family homes in this area have been there for a long time. • Stated that the inclusion of DAAP-West needs to be eliminated from the DAAP. Leave these properties alone due to the potential for environmental impacts of the proposed development levels. • Opined that there has been so much bad design in Campbell for years. Campbell Planning Commission Minutes for September 9, 2014 Page 14 • Said it is important to make "it" shine and worth looking at. Vince Stryker, Resident on Walnut Drive: • Said that he has been in Campbell for 30 years and was involved when the San Tomas Area Neighborhood Plan was prepared and adopted. • Said he was "grossed out by the development of the west side of Winchester." • Suggested that the City scrap that idea. • Stated that he wants to keep this area rural and private. Julie Quakenbush, Resident on Walnut Drive: • Said she has been in Campbell for 25 years. • Questioned why anyone would want to live along Winchester in a four-story building. • Added that she also would not want to look at from her home at four-story buildings either. • Said that she doesn't want to see residential uses along Winchester but would like to see something there. Lalit Merani, Resident on Walnut Drive: • Said that this is his second dive into a governmental process. • Said that the inclusion of multi-use along Winchester is the "joker in the pack" that would change the quality life for those in the area. • Pointed out that the EIR prepared for the new Levi Stadium in Santa Clara indicated lots of "not-significant" impacts. Rick Crowley, Resident on Walnut Drive: • Said that he lives on an old riverbed creek. • Recounted that there is already 5 a.m. garbage pickup at the nearby Veterinary Clinic. • Questioned the environmental impacts on the area including the impact of fruit being grown in the neighborhood. He expressed concerns about safety and security. • Stated that he doesn't want an alley way at all in his backyard. • Recount4ed that there have been cops called twice recently. Pat Noack, Resident on Chapman Drive: • Stated that she has been in Campbell for 20 years. She left San Jose because of noise and congestion there. • Said that it is important to make sure that the environmental study is current in regards to existing noise and congestion levels as well as what can be projected with the increase development resulting from the DAAP. Tracy Oakley, Resident on Chapman Drive: • Advised that she has been in Campbell for 20 years and has concerns about the inclusion of DAAP-West in the proposal. • Said that she chose Campbell due to its more rural environment. • Cautioned that their quality life is at risk. Campbell Planning Commission Minutes for September 9, 2014 Page 15 • Pointed out that development underway in nearby Los Gatos is already impacting their environment. Winchester Boulevard is taxed with development in Los Gatos including the Netflix site. • Added that there could be impacts if VTA extends its stations. • Reminded that the State is in its worse water situation in years. Homeowners are using buckets of grey water or letting their lawns go as a result of the current drought. Stated that there is no real "water front" right now. • Stated that the City's infrastructure is more than 52 years old. • Opined that this proposed DAAP is not good for Campbell or California. • Reiterated that Winchester barely handles the traffic there today. Linda Ryalls, Resident on Walnut Drive: • Suggested that the DAAP actually conflicts with the STANP. • Pointed out that there were about 30 community meetings in preparation of the STANP. • Reminded that the proposed heights along Winchester directly impact their privacy. • Added that if the Light Rail expansion occurs, it comes with crime that is brought in. • Said that overflow parking is already being absorbed into the neighborhood. • Stated the need to protect the green parrots. Liz Gibbons, Resident on Cherry Lane: • Stated that the EIR scope is inadequate on a document without design criteria, land division check and zoning types identified. • Said that environmental review categories to consider with the DAAP EIR includes transportation, power, hazardous materials, recreation and water facilities, wetland riparian, economics and jobs. • Said that it seems that this DAAP process is going too fast and too far. • Stressed the need to clearly identify the scope of work. Sean Comer, Resident on Walnut Drive: • Joked that he is taking a triple hit here. He has a business in the DAAP area, a house in the area and his industry (automotive) is being attacked as an undesirable use. • Said that businesses in the area are flourishing. • Stated that the have not been told in a timely manner of this pending DAAP. • Opined that the DAAP is not in their best interest. • Stated that they don't need a Kohl's or Starbucks in the immediate area. • Concluded that more time is needed to consider this plan. Savannah Comer, Resident on Walnut Drive: • Said that she has lived on Walnut Drive all her life. • Advised that she is against the Light Rail expansion. • Explained that they have a new fence at her school that was put in place to protect the kids. • Expressed concern about the possibility of having apartments looking into their backyards. Campbell Planning Commission Minutes for September 9, 2014 Page 16 • Said that she loves Campbell and doesn't want big city crime. • Asked, "Where will the ducks go?" • Said that money should not be valued over community. Eddie Gonzales, Business Owner on Dell Avenue: • Stated that he is a small business owner with 13 employees using 5,000 square feet of tenant space. • Said that they chose the Dell Avenue area over McGlincy. • Reported that he recently had to relocate his business from Dell at a cost of about $200,000. • Stated that it's sad to move and that his life savings is invested. Lee Peterson, Resident on Audrey Avenue: • Said that he has been in this area for 34 years and was also involved with the STANP. • Stated that this DAAP project is way too big. • Added that he doesn't want to see the Light Rail expansion if it increases density in his neighborhood. • Opined that the DAAP as proposed is not good for Campbell and needs to be scaled way back. Roy DiVittorio, Resident on Walnut Drive: • Questioned who came up with the idea of this DAAP. • Opined that this area is not big enough to accommodate high tech. It doesn't have enough land. High tech is drawn to cities with large pieces of open land. • Questioned why the DAAP is even desired. Who is it good for? Is it developers? Is it the City? • Suggested that the whole DAAP idea be scrapped now. Audrey Kieltreiber, Resident on Walnut Drive: • Stated that she is not against development at all but is concerned that it not be done without input from the community. • Encouraged the consultant reach out to the community and involve them in the process. Chair Resnikoff closed the Public Hearing for Agenda Item No. 2. Commissioner Kendall: • Listed wildlife species protection concerns in this area for the consultants to consider including two swans, turtles, two kinds of fish and Canadian Geese. • Reminded the purpose for the percolation ponds is to percolate water to the earth to get clean drinking water. She questioned the possibility of debris getting into the ponds. • Said that she likes to be forward thinking and wonders if there is potential for an all- electric campus that could be quieter for neighbors and help minimize impacts. • Said that the percolation ponds are a real nice and quiet place. The silence there is amazing and she fishes there. Campbell Planning Commission Minutes for September 9, 2014 Page 17 • Expressed concern about new taller buildings in this area creating its own weather through air movement. • Expressed concern about the potential for crowding and over-use and developing introducing lots of additional people to the park and ponds. • Suggested the inclusion of electric car charging stations with the DAAP. • Said that those are some issues she feels should be looked at when planning out 20 plus years into the future. This includes issues of underground tank removals. • Questioned the subject raised about creating of alleyways. Is that a legitimate possibility or concern? Bruce Brubaker said that it is not proposed. The person who raised the concern was concerned about impacts to the use of their rear yard. Director Paul Kermoyan added that there is not proposed creation of alleyways but the neighbor is concerned about the potential for any activity occurring behind a new building fronting along Winchester and its impacts on the adjacent residences. Commissioner Kendal clarified that there are no specific development plans at this time but rather the DAAP would provide design standards to allow consideration of potential development in the future. Commissioner Reynolds: • Said that he echoed Commissioner Kendall's comments. • Added that he would like to hear more about the potential hazardous materials in the DAAP area as well as a serious partnership with the Santa Clara Valley Water District being 100 percent involved. • Said that the issue of schools was brought up and that should be a part of this as well. • Stated his agreement with Maggie Desmond that the EIR look at the McGlincy- CurtnerArea since a major impact to one zone spills over into another. • Said that for the record he's like to see the idea of adding DAAP-West evaluated further and to perhaps limit the DAAP to the original area without DAAP-West (Winchester west side). Commissioner Rich: • Stated that the traffic impact must be considered in conjunction with the surrounding areas. • Agreed that the height of buildings has an impact on surrounding neighbors so the plan needs to be creative about the DAAP-West portion of the plan. • Suggested putting the housing on the east side of the railroad tracks. • Questioned whether the same objectives for the DAAP can be realized while limiting the scope. • Said that in regards to the proposed time table for the DAAP, it is important for the Commission to make sure it is comfortable before moving it forward to Council. • Agreed that we must work with the school district regarding impacts on schools. Commissioner Finch: Campbell Planning Commission Minutes for September 9, 2014 Page 18 • Agreed with Commissioner Rich. • Added that Campbell needs to partner with Los Gatos in talking about the area traffic. • Expressed concern about the expanded VTA station and the existing DAAP-area business owners particularly the mom and pop small businesses. • Cautioned that the city needs to proceed cautiously. This is a long-term plan for which serious thought is required. • Said that she didn't support the concept of housing units along the Winchester west side. • Reminded that issues of potential hazardous material concerns would be addressed with an actual development. • Agreed with Commissioner Kendall about the quietness enjoyed at the ponds and park that needs to be maintained. Commissioner Dodd: • Asked if it might not be possible to obtain information from Los Gatos about their study done for the Netflix site. Are statistics available? • Pointed out that a Light Rail station brings in traffic as well. There would be a need for parking to serve a Light Rail station in this area. • Reminded that the neighbors have been seeing an increased use of smaller streets for cut-thru traffic. There have been huge traffic shifts and new traffic patterns. • Reported that the school district is working with the Safe Routes to School program for Capri and Rolling Hills schools. • Asked what plans would be in place for existing small businesses. Is it monetary? Would leases be broken? • Said that she could see the building heights creating a corridor and/or wind tunnel. • Said that it is equally important to preserve the neighborhoods we already have in addition to creating more pedestrian-friendly areas and creating new neighborhoods. • Admitted that while DAAP-West may need some development but perhaps with less height. She sees lower buildings with small businesses. • Asked why not place open space in front rather than at the back. • Reported that geese stop traffic in this area already. They walk across in a line. They are protected and area residents deal with them all the time. Commissioner Young: • Thanked staff for the ideas and influence and the efforts to prepare for an EIR. • Raised considerations such as protecting trees, .parking, the impacts of technology on the environment, and natural resources such as what happens to water in the future. • Added that there is an opportunity to be innovative here including pedestrian and bicycle access. • Suggested that Campbell may be competing with itself between its Dell and McGlincy areas. • Said that it was important to consider a 30-year build out impact to foresee what's coming forward. • Suggested that public safety be the focus of the EIR. Campbell Planning Commission Minutes for September 9, 2014 Page 19 Chair Resnikoff: • Reminded that the intent of this evening's discussion is to allow public comment and provide staff with the Commission's comments as well. • Assured that there is no artificial time table for the DAAP. • Added that the Commission can either agree and/or disagree with staff. • Admitted that there are so many questions here and suggestions made to staff moving forward. There are impacts that have to be looked at. • Said it may be best to separate DAAP-West from the rest. • Advised that it is possible that the DAAP area doesn't get built. • Said that the DAAP preparation is in its early stages now and in very preliminary form. There are issues to consider including: o Impact studies to do as well as serious parking issues to work out. o There is need for traffic studies o Investigation of potential ground contaminations. o There are noise studies including impacts on the surrounding neighborhoods and Creek Trail. o There are issues of public safety including the provision of police and fire services. Can they handle the demand generated from the growth? o The expanded Light Rail station. It can be argued whether they should nor should not expand further out. We need to understand more what their plans are. • Assured that there is no intent to push small businesses out of the area. • Said that the problem here is that this area is owned by multiple people with many sites have multiple tenants with varied duration leases. • Suggested the need to also consider the potential negatives. What if it takes longer or if it doesn't work at all? • Said that the developments that occur in Los Gatos also impact this area. It is important to communicate with our neighboring cities. • Said that he hears the concerns raised about people not being noticed and said that this time around the noticing distance was increased to 1,000 feet. • Advised that the hearing occurring today is an important part of the process. Commissioner Reynolds: • Said that he'd like to see staff reach out to corporations to discover what future plans are in terms of work space. • Pointed out that the trend is for more telecommuting. His own company is reducing its space and having more employees work from home. • Asked if we might not be overbuilding? Commissioner Kendall thanked staff and the consultant for the work done. Said that it is broad enough to held the Commission make decisions and understand this DAAP. She feels heard and has heard the comments and concerns of others in the community. Chair Resnikoff explained that the action this evening is simply to receive the comments from the public and to offer its own initial feedback to staff. No further Campbell Planning Commission Minutes for September 9, 2014 Page 20 action beyond that will occur tonight. There will be ample opportunities in the future for additional input. He called for a break at 10:30 p.m. and reconvened the meeting at 10:40 p.m. Chair Resnikoff advised that he would recuse himself from the next item due to contributions received in relation to an election campaign. Commissioner Reynolds advised that he too must recuse for the same reason. Both Chair Resnikoff and Commissioner Reynolds left the dais and chambers. Vice Chair Finch assumed the gavel to serve as Chair for Item 3. Commissioner Kendall advised that she met with Larry Schaadt and toured his building last week. *** Acting Chair Finch read Agenda Item No. 3 into the record as follows: 3 PLN2014-207 Public Hearing to consider the application of Larry Schaadt for Schaadt, L. a Modification (PLN2014-207) to a previously approved Conditional Use Permit (PLN2012-255) to convert an approved wine bar to a restaurant and bar with late night operational hours (12 AM public closing time), general alcohol (spirits) sales, and live entertainment, on property located at 400 E. Campbell Avenue. 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, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report. Commissioner Kendall thanked Planner Daniel Fama for the data provided and the graphs in the report. It was nicely done. Acting Chair Finch asked staff if the Police Department is supportive of service to 11 p.m. Planner Daniel Fama replied yes. Acting Chair Finch opened the Public Hearing for Agenda Item No. 3. Ed Sangstadt: • Reminded that he had previously been against the formerly proposed "Night Club" at this location. • Advised that he fully supports Larry Schaadt's request. He's restoring this building. • Added that he believes Mr. Schaadt should be allowed to stay open to midnight. Campbell Planning Commission Minutes for September 9, 2014 Page 21 • Pointed out that no one is opposing this use Larry Schaadt, Applicant and Property Owner: • Said that originally planned to operate in this location as a wine bar. • Explained that there were time delays as the previous property owner ran out of money and the bank foreclosed on the building. • Added that he has since acquired the building. • Said that during the time all of that was occurring, he assumed the tenant space next door, which will open at the end of September as a wine bar (Rendezvous). • Said that he also has his permits in place to start the work on the Bank Building. • Stated that he sees this location as a great opportunity to partner with ahigh- ranking chef. This location will be operating as afull-restaurant with ancillary alcohol service. • Advised that a restaurant must offer drinks to be successful. • Asked for 11 p.m. cut off for food and drink service. With that he can get two turns of seating. It is hard to accomplish that if service must be done before 11 p.m. • Said he is asking for midnight closing with customers off site by 11:30 p.m. Acting Chair Finch asked about the adjacent location. Larry Schaadt said that it would be done by the end of the month. He said he would operate that wine bar (Rendezvous) himself while he would partner with aMichelin- rated chef for the restaurant (Regale). This will be great for Downtown Campbell. Commissioner Rich: • Pointed out that Mr. Schaadt has backed up his request a bit. Instead of service to midnight as originally requested, he is willing to have customers off site by 11:30 p.m. and close the restaurant completely (employees out) by midnight. Larry Schaadt said that he understands the Police Department's concern. He said that if customers are seated at 9 or 9:30 p.m. and service must stop completely by 11 p.m., he just needs a few more minutes for diners to finish their meal and depart. With an 11:30 p.m. customer close and employees by midnight, they can successfully accomplish two turns of seating/dining. Acting Chair Finch closed the Public Hearing for Agenda Item No. 3. Commissioner Young asked Captain Joe Cefalu if Campbell PD can meet Mr. Schaadt halfway here. Captain Joe Cefalu: • Reported that PD and Community Development staff met with most Downtown restaurant bar owners recently. He added that PD's concern is that the Use Permit runs with the location and not the operator. • Gave an overview of calls for service in the Downtown between 2011 and June 2014. 0 2011 - 565 Campbell Planning Commission Minutes for September 9, 2014 Page 22 0 2012 - 764 0 2013 - 744 0 2014 - 905 through June 2014 (62 percent increase) • Said that might night closing would impact while an 11 p.m. closing would be less impactful. A 10 p.m. closing would be even less impactful. • Pointed out that patrons go to other establishments and continue drinking. • Concluded that he would agree to the 11 p.m. closing if staff supports it. • Added that the combination of live entertainment with late hours and alcohol service equals problems. There is usually not live entertainment after 10 p.m. in high-end restaurants he has seen in the past. Commissioner Kendall asked Captain Cefalu if PD sees a difference in call volume between restaurants serving only beer and wine versus those with full alcohol service. Do the calls and/or disturbances increase? Captain Joe Cefalu said it is hard to break it down. He added that there is a transient population of patrons that travel from establishment to establishment. He said that Tessora's, which is a wine bar, has generated no calls for service. Commissioner Kendall asked Captain Cefalu if it makes a difference if bar service is only with meals. Captain Joe Cefalu said that EI Guapo's does that now where they have service only at tables and only with food. Commissioner Kendall asked staff if the total seats proposed here are 239. Planning Manager Aki Honda Snelling confirmed that number. Commissioner Young: • Stated that there are challenges with this application. • Reminded that Council has not told the Commission a definitive definition of over- saturation. It's hard to determine if we are at saturation or close to it. • Pointed out that between Central and the railroad tracks, 40 percent of the establishments have beer and wine service while 38 percent have full alcohol service. • Said that this sounds like a pure restaurant. The owner is invested having bought the building. • Stated that he is fully supportive of this applicant who has two businesses next to each other so he is competing with himself. • Concluded that he would be supportive with 11 p.m. public closing. Commissioner Dodd asked about the table heights. Planner Daniel Fama referred to Condition 7(c) that shows the floor plan with furnishings. Campbell Planning Commission Minutes for September 9, 2014 Page 23 Commissioner Dodd said that she listens to the PD recommendation about closing and service hours. She is willing to approve this request to the hours PD can handle. Commissioner Rich reminded that the applicant already has an approved wine bar. He is in favor of taking staff's recommendation to 11 p.m. closing Thursday through Saturday and 10 p.m. Sunday through Wednesday. Acting Chair Finch: • Agreed with Commissioner Dodd's comments. • Said that she is excited to have this location as a restaurant rather than just a wine bar. • Stated that she is also thrilled that Mr. Schaadt has purchased this building. He has made a sizable investment in this community. • Said that she agrees with the concerns raised about when over-saturation is reached but this is a higher-end restaurant. Commissioner Kendall said she has the same concerns but this location already has an approval in place and this change turns it from wine bar to full restaurant. Planner Daniel Fama reiterated the proposed hours of operation per Condition 7(d) that allows business hours ending at 10 p.m. (Sunday through Wednesday) and 11 p.m. (Thursday through Saturday). The operational hours would extend one hour later to allow staff to clean after closing. These are the same hours as the current Use Permit for this location. Commissioner Kendall said that it is tough to complete a second service and have it done by 10 p.m. Perhaps 10:30 p.m. would offer them a better opportunity. Commissioner Rich said he supports the PD recommendations on hours. Motion: Upon motion of Commissioner Young, seconded by Commissioner Rich, the Planning Commission adopted Resolution No. 4165 approving a Modification (PLN2014-207) to a previously approved Conditional Use Permit (PLN2012-255) to convert an approved wine bar to a restaurant and bar with the original approved operational hours (10 p.m. public closing on Sunday through Wednesday and 11 p.m. public closing from Thursday through Saturday), general alcohol (spirits) sales, and live entertainment, on property located at 400 E. Campbell Avenue, by the following roll call vote: AYES: Dodd, Finch, Kendall, Rich and Young NOES: None ABSENT: None ABSTAIN: Resnikoff and Reynolds Acting Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Campbell Planning Commission Minutes for September 9, 2014 Page 24 Chair Resnikoff and Commissioner Reynolds returned to the Chambers and dais following the conclusion of Item 3. Chair Resnikoff resumed the gavel from Acting Chair Finch. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan added the following to the written report: • Advised that the next meeting would include a Study Session on the St. Anton's project. ADJOURNMENT The Planning Commission meeting adjourned at 11:17 p.m. to the next Regular Planning Commission Meeting of September 23, 2014. SUBMITTED BY: in inn, Recording Secretary ,... APPROVED BY: - ~ ~` r~''~j Paul Resnikoff, Chair r APPROVED BY: rn Pam Finc Acting Qhair (Item 3) ,// I ~ ,' ATTEST: '~ ~r !~--' Paul Kermoy`an, Secretary