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PC Min - 08/11/2015CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. AUGUST 11, 2015 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of August 11, 2015, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair Dodd and the following proceedings were had, to wit: Rni i ~n~ i Commissioners Present: Commissioners Absent Staff Present: APPROVAL OF MINUTES Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Chair: Commissioner: Community Development Director: Associate Planner: Associate Planner: City Attorney: Traffic Engineer: Recording Secretary: Cynthia L. Dodd Ron Bonhagen Yvonne Kendall Philip C. Reynolds, Jr. Michael L. Rich Pamela Finch Donald C. Young Paul Kermoyan Daniel Fama Stephen Rose William Seligmann Matthew Jue Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Rich, the Planning Commission minutes of the meeting of July 28, 2015, were approved as submitted with a correction to page 20. (5-0-2; Chair Finch and Commissioner Young were absent) Campbell Planning Commission Minutes for August 11, 2015 Page 2 COMMUNICATIONS 1. Letter from Barry Shilman regarding Item 5 - St. Anton project. 2. Letter from the San Tomas Area Community Coalition (STACC) regarding Item 4 - Creekside 3. Revised exhibits for Item 3 -Revere Director Paul Kermoyan advised the Commission of a conversation he had with Joanne Carroll, representing STACC, who expressed concerns about the end of the comment period for the DEIR for the DAAP. She reported that some residents left the last meeting before they had opportunity to address this issue at the last meeting given the late hour the meet ran. He offered an opportunity for those who were unable to stay late at that meeting to provide their comments this evening under Oral Requests. AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS Joanne Carroll, Resident on Walnut Drive: • Thanked the Commission for the opportunity to speak this evening and to submit additional items in response to the DEIR for the DAAP. • Suggested that staff work on improving how the Planning Commission's schedule is organized. • Opined that what occurred with the late hour hearing on this important item was irresponsible. CONSENT There were no consent items. PUBLIC HEARINGS ~~* Acting Chair Dodd read Agenda Item No. 1 into the record as follows: 1. PLN2015-206 Public Hearing to consider the application of Alka Montessori for a Revocation (PLN2015-206) of a previously approved Modified Conditional Use Permit with Site and Architectural Review (PLN2013-205) and a Parking Modification Permit (PLN2013-266) for an approved expansion of an existing commercial daycare center located at 70 S. San Tomas Aquino Road in the C-1 (Neighborhood Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner Campbell Planning Commission Minutes for August 11, 2015 Page 3 Mr. Daniel Fama, Associate Planner, presented the staff report. Acting Chair Dodd asked if there were questions of staff. Commissioner Rich clarified that this action will result in the site reverting to the provisions of the previously approved Conditional Use Permit. Planner Daniel Fama said that is correct. Acting Chair Dodd opened the Public Hearing for Agenda Item No. 1. Acting Chair Dodd closed the Public Hearing for Agenda Item No. 1. Commissioner Rich said he had no concerns about reverting to the 2012 Conditional Use Permit for this site. Commissioner Bonhagen agreed. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Bonhagen, the Planning Commission adopted Resolution No. 4226 approving the Revocation (PLN2015-206) of a previously approved Modified Conditional Use Permit with Site and Architectural Review (PLN2013-205) and a Parking Modification Permit (PLN2013-266) for an approved expansion of an existing commercial daycare center located at 70 S. San Tomas Aquino Road, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Dodd, Kendall, Reynolds and Rich NOES: None ABSENT: Finch and Young ABSTAIN: None Acting Chair Dodd advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Acting Chair Dodd read Agenda Item No. 2 into the record as follows: Campbell Planning Commission Minutes for August 11, 2015 Page 4 2. PLN2014-309 Note: This item will be continued to August 25, 2015. PLN2014-310 Public Hearing to consider the application of Cowlick, Inc. dba Steak N' Shake for an Administrative Planned Development Permit (PLN2014-309) and Parking Modification Permit (PLN2014-310) to allow establishment of a 'standard restaurant' (Steak N' Shake) with early morning operational hours ('late-night activity') and outdoor seating, and a reduction in the number of required parking spaces on property located at 501 E. Campbell Avenue in the P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner Director Paul Kermoyan advised that the applicant is requesting a continuance to allow them time to reach out to the neighbors and hold a community meeting. Staff is recommending a continuance to a date certain. He advised that the hearing should be opened to see if anyone present wants to speak this evening. Acting Chair Dodd opened the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Kendall, seconded by Commissioner Bonhagen, the Planning Commission CONTINUED CONSIDERATION TO THE MEETING OF AUGUST 25, 2015, of an Administrative Planned Development Permit (PLN2014-309) and Parking Modification Permit (PLN2014-310) to allow establishment of a 'standard restaurant' (Steak N' Shake) with early morning operational hours ('late-night activity') and outdoor seating, and a reduction in the number of required parking spaces on property located at 501 E. Campbell Avenue, by the following roll call vote: AYES: Bonhagen, Dodd, Kendall, Reynolds and Rich NOES: None ABSENT: Finch and Young ABSTAIN: None *** Acting Chair Dodd read Agenda Item No. 3 into the record as follows: Campbell Planning Commission Minutes for August 11, 2015 Page 5 3. PLN2015-135 Public Hearing to consider the application of Richard Schwartz, on behalf of Revere Campbell, for a Master Sign Plan with Sign Exception (PLN2015-135) for the new mixed use development located at 1677 S. Bascom Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that the Master Sign Plan be deemed Categorically Exempt under CEQA. Planning Commission decision final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Acting Chair Dodd asked if there were questions of staff. There were none. Commissioner Kendall provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project on July 28, 2015, and was generally supportive. • Listed the recommendations as including: o Revising the backdrop from acrylic to power-coated aluminum. Condition 8 reflects SARC's recommendation. o Added that SARC suggested the provision of night and early-am pictures to assess sign visibility. Condition 9 requires the applicant to work further with staff. Acting Chair Dodd opened the Public Hearing for Agenda Item No. 3. Richard Schwartz, Sign Company Representative: • Showed a sign sample with lettering in several depths to demonstrate their readability. • Advised that the suggested 3-inch depth of lettering would be hard to sustain and these individual letters could fall off over time due to their mounting and weight. They conducted testing to determine this. Commissioner Rich asked Mr. Schwartz what his recommendation for lettering depth is based on the testing that has been done. Richard Schwartz said his suggestion is to give tenants a range from half-inch to up to 2-inches in lettering/logo depth and keep to the use of acrylic. He added that they will provide a choice in lighting options. Commissioner Bonhagen asked what would happen to drilled holes used to place a sign in the even that sign had to be removed and replaced with another different sign. Could they be filled? Richard Schwartz said that they could be filled. Campbell Planning Commission Minutes for August 11, 2015 Page 6 Acting Chair Dodd closed the Public Hearing for Agenda Item 3. Commissioner Rich: • Reported that he visited the property several weeks ago. • Said that additional signage is needed. • Added that the proposal as it stands is sufficient with 1.5-inch depth lettering based on tenant preference up to 2-inch depth lettering. Commissioner Kendall • Questioned how the lettering would look if some signs used 1.5-inch depth lettering placed near other signs with only half-inch depth lettering. • Asked whether all signs should be in one color. Commissioner Rich: • Cautioned that flexibility in use of signage color(s) is needed per tenant since some businesses have specific brand colors. Commissioner Reynolds added that colors may fall under content and the City is not allowed to regulate content. City Attorney William Seligmann clarified that is true if the use of color/logo is a trademark. Otherwise the City is free to regulate color. Commissioner Reynolds: • Stated that he agrees with Commissioner Rich. • Added that he likes a variation possible with the lettering depth size with a maximum of 1.5-inches. Lettering depth would range from between half-inch to 1.5-inches. Acting Chair Dodd: • Said that she likes that proposed range. • Added that the 3-inch lettering depth would be overkill. • Stated that this plan meets the intentions of SARC. • Said that she likes the background's brushed aluminum look. Motion: Motion of Commissioner Rich, seconded by Commissioner Kendall, the Planning Commission adopted Resolution No. 4227 approving a Master Sign Plan with Sign Exception (PLN2015-135) for the new mixed-use development located at 1677 S. Bascom Avenue, subject to the conditions of approval, with a modification to Condition 7 to allow a range in lettering depth between half- inch and 1.5 inches, by the following roll call vote: AYES: Bonhagen, Dodd, Kendall, Reynolds and Rich NOES: None ABSENT: Finch and Young ABSTAIN: None Campbell Planning Commission Minutes for August 11, 2015 Page 7 Acting Chair Dodd advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *~* Acting Chair Dodd read Agenda Item No. 4 into the record as follows: 4. PLN2015-158 Public Hearing to consider the application of Scott Trobbe to PLN2015-216 allow for a Major Modification (PLN2015-158) of the previously approved Planned Development Permit (PLN2013-238) to modify the project's construction phasing schedule to allow the office building and parking garage to be built concurrently (with temporary offsite valet parking during construction), and allow the seven-story parking garage (five stories above, two below) to be redesigned with all stories above ground (resulting in only a marginal increase in height as each story height would be more compressed), and allowing one of the two underground parking levels of the office building to be removed on property located at 675 Creekside Way. The applicant's request also seeks to allow a Minor Modification (PLN2015- 216) of the previously approved Planned Development Permit (PLN2013-237) to allow parking (including temporary valet parking during construction activities) serving 675 Creekside Way to be provided offsite at 705 Creekside Way. A Mitigated Negative Declaration was previously approved for this project. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Acting Chair Dodd asked if there were questions of staff. Commissioner Rich asked about the desk item from STACC in which they raise concerns about the height of the garage. Is there any credence to that concern? Planner Stephen Rose replied that the garage, as proposed, meets Code requirements. The applicant can elaborate. Commissioner Rich asked if the up-ramp counts as half of a level of garage. Planner Stephen Rose replied that the up ramp is indeed a half level. Acting Chair Dodd opened the Public Hearing for Agenda Item No. 4. Scott Trobbe, Applicant, South Bay Development: • Said that he is available to answer any questions. Campbell Planning Commission Minutes for August 11, 2015 Page 8 • Added that Project Planner Stephen Rose did a great job summarizing why they are back before the Commission today. • Stated that the removal of levels of underground parking will help relieve turmoil to the area during construction of the project. Removing enough dirt to create two floors' below-ground levels of parking would require approximately 7,000 truckloads to be hauled away from the site over a four to five month period. • Added that for potential tenants, going out as far as 26 months is too far away. For that reason, they are working out a plan to build both structures simultaneously. • Said that 705 Creekside is also a potential future build site. There is a chance they will want to come back to the City in the future with plans to build there. • Stated that the important thing about the site is that there is a hotel there. It is better for them (hotel) if the project speeds along with the construction of the garage. • Reminded that they are required to give the hotel 84 parking spaces on the first floor of this new garage. Commissioner Bonhagen asked what the parking agreement is with the 900 Hamilton Building. Scott Trobbe reported that agreements were established 10 to 15 years' ago to allow valet parking, as much as needed to accommodate that. Commissioner Bonhagen asked about the compaction of the height of the garage. Does it emulate the garage at 900 Hamilton? Scott Trobbe said that this new garage is like one they constructed for the Main Street development ire Cupertino. The height is up to Code and allows use by vans and SUV's. There will be approximately 10 EV stations provided as well. Director Paul Kermoyan asked if the 7'4" height is measured to the ceiling surface. Scott Trobbe responded that it reflects the clearance height. Commissioner Rich asked if the agreement with the hotel is that they get all the first floor parking spaces. Scott Trobbe responded that there had been only 44 spaces on ground level with 40 on the first underground level earmarked for the hotel. Now all 84 spaces for hotel use will be on the ground level. Commissioner Rich questioned whether the main reason stated for removal of underground parking from this project is the perceived inconvenience of the excavation process on the surrounding area. Scott Trobbe recounted that Santana Row has four parking levels below ground. That caused turmoil in the area for a long time during its construction. Commissioner Kendal asked about 705 Creekside. Campbell Planning Commission Minutes for August 11, 2015 Page 9 Scott Trobbe said that there is a parking lot in place at 705 Creekside. He pointed out Condition 65 that outlines the number of access roads as required by Fire. He advised that they did secure approval by Fire to not require two access roads. Audrey Kiehtreiber, Resident on Walnut Drive: • Identified herself as the President of the San Tomas Area Community Coalition (STACC). • Said that the proposed changes to this project are big or rather "giant" changes. • Added that removing three levels of underground parking and moving them above ground is a good incentive for the developer as it results in cost savings. • Reminded that 705 Creekside will have its own building on it sometime in the future. • Opined that having this developer come forward after both the Planning Commission and the City Council reviewed and approved this plan just to achieve a cost savings is disrespectful to the Planning Commission, City Council and to the people who live in Campbell to make such major changes to an already approved plan. • Questioned the intent to install fake plants in the garage structure and instead suggested live plans to help clean the air. • Mentioned that she didn't see the electric car charging stations depicted on the plans. • Thanked the Commission for the opportunity to address this request. Commissioner Rich asked staff whether the parking requirements would have to be met in the event that 705 were ever to be developed with a building. Planner Stephen Rose said that both entitlements are contingent on each other. Acting Chair Dodd closed the Public Hearing for Agenda Item No. 4. Commissioner Rich: • Stated that many of his initial concerns have been addressed including the removal of underground parking and an increase in the garage building height as well as the concurrent construction of the building and parking garage. • Said that since he understands that any future development of 705 will require parking standards to be met, he can be supportive of this request. Commissioner Bonhagen asked if there are designated spaces for clean air vehicles. Planner Stephen Rose said that is part of the Green Building Code. The applicant is proposing a number including 8 under the office building and 16 in the garage. Commissioner Bonhagen said his concerns have been cancelled. He reported that he used to have an office at 900 E. Hamilton and parking was plentiful there at that time. Campbell Planning Commission Minutes for August 11, 2015 Page 10 Commissioner Kendall said that most of her concerns have been answered as well. The height is allowable. This is a nice looking design and in fact nicer than the original. Commissioner Reynolds: • Said he wanted to direct some comments to the STACC. • Thanked them for their in-depth analysis of this project. It shows true commitment to the community. • Added that he likes seeing that commitment and hearing their comments. • Reported that projects of this size often require changes. • Added that the future tenants' needs drive this request. • Said he also understands that there is a cost factor for the applicant in removing underground parking levels but since the tenant wants all or most of the building they get to call the shots and the developer must work with that. • Said that hauling out all of that dirt with 7,000 truckloads over a four month period would equal a major inconvenience to and disruption of those at the existing hotel. • Stated that he encourages the community to go through these projects and provide their input. • Assured that these changes are smaller than we think they are. • Stated that issues have been addressed. • Pointed out that we will see more applicants coming forward with charging stations in the future. • Advised that he would be supportive. Acting Chair Dodd: • Complimented Commissioner Reynolds on his thoughtful comments. • Said that she likes the open metal railing proposed for the garage as it gives a more open and airy feel to the structure. • Said that she too does not like the concept of fake flowers in the garage and suggests they come up with something better. • Agreed that. construction will be an inconvenience to all who use that street and on the flow of traffic. It will be constant and day long. Reducing it by not having 7,000 trucks taking dirt out will be a good thing. • Concluded that she too would be supportive. Motion: Motion of Commissioner Bonhagen, seconded by Commissioner Reynolds, the Planning Commission took the following actions: • Adopted Resolution No. 4228 recommending that the City Council approve a Major Modification (PLN2013-238) to a previously-approved Planned Development Permit to allow concurrent construction of the parking structure and commercial building with off-site parking to be provided at 705 Creekside Way during construction; and • Adopted Resolution No. 4229 recommending that the City Council approve a Minor Modification (PLN2013-237) to a previously-approved Planned Development Permit to allow use of the parking at 705 Creekside Way to serve 675 Creekside Campbell Planning Commission Minutes for August 11, 2015 Page 11 Way during construction, subject to the conditions, by the following roll call vote: AYES Bonhagen, Dodd, Kendall, Reynolds and Rich NOES: None ABSENT: Finch and Young ABSTAIN: None Acting Chair Dodd advised that this item would be considered by the City Council at its meeting of September 15, 2015, for final action. *** Acting Chair Dodd read Agenda Item No. 5 into the record as follows: 5. PLN2014-323 Public Hearing to consider the application of Ardie Zahedani, PLN2014-324 on behalf of St. Anton Communities, for a Planned PLN2014-325 Development Permit with a density bonus (PLN2014-323) PLN2014-329 for the approval of site configuration and architectural PLN2015-53 design, Vesting Tentative Subdivision Map (PLN2014-324) PLN2015-187 to create townhome, duplex and commonly owned lots, Tree Removal Permit (PLN2014-329) to allow removal of protected trees, a Sign Exception (PLN2015-053) to allow a large decorative sign element and Variance (PLN2015-167) to allow the placement of a new service pole in association with the project's undergrounding of overhead utilities on property located at 208, & 226-328 Railway Avenue and a portion of 290 Dillon Avenue (City Corporation Yard). A Mitigated Negative Declaration (PLN2014-325) has been prepared for this project. Tentative City Council Meeting Date: September 15, 2015. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Commissioner Kendall provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project on June 23, 2015. • Listed areas of comment: o Reverse the amount of stucco and brick. A condition of approval has been added. o Circulation -remove the northernmost pedestrian crossing. o Directional Sign to Los Gatos Creek Trail access point and inclusion of on- site bike rack locations. o Inclusion of an acoustical wall adjoining the trash shoot/areas - a condition of approval reflects this requirement. Campbell Planning Commission Minutes for August 11, 2015 Page 12 o Building colors -proposed something lighter for the townhome project and use of lighter red brick project wide. o Decorative lighting -use historic and/or ornate lighting fixtures throughout the project. A condition of approval has been included. o Sound Wall -step the height down as it approaches Dillon Avenue. o Sign Exception -Provide more design options. Alternatives have been provided. However, a parapet sign considered to be a roof sign and therefore prohibited under the Code. Acting Chair Dodd asked if there were questions for staff Commissioner Bonhagen questioned the difference between BMR units and inclusionary housing. The Dillon project has BMR but no inclusionary units. Planner Stephen Rose: • Explained that a project with 10 or more for-sale units is required to provide 15 percent of their units as BMR units. These are what are also known as inclusionary units. • Added that a Density Bonus requires the provision of additional affordable units or at a more affordable income level/unit cost. A Density Bonus is project wide while Inclusionary Housing is only for-purchase units and not for rental units. City Attorney William Seligmann: • Said that BMR is any unit that is sold at below market prices. • Added that there is no distinction between Density Bonus and Inclusionary units. Commissioner Bonhagen asked what the density is. Planner Stephen Rose said there are 9 BMR units and five inclusionary units within this development. Commissioner Bonhagen said that this applicant is proposing six inclusionary units while staff required only 5. Planner Stephen Rose said that it is inconsistent with the City's own Code to require more BMR units. Director Paul Kermoyan added that inclusionary units should be a balance between moderate and low-income levels while the applicant is proposing all be moderate income units. He reminded that this developer has asked for a density bonus while the Dillon project's developer did not. Commissioner Bonhagen asked about the applicant's proposed sign on the lower side of the building and SARC's reaction to it. Planner Stephen Rose said that SARC asked for alternative designs. That's when the applicant came up with the roof-mounted installation on the plan this evening. However, Code prohibits roof-mounted signs. Campbell Planning Commission Minutes for August 11, 2015 Page 13 Director Paul K:ermoyan advised that as a part of this project staff had suggested that a sign feature be included to identify the development. Commissioner Rich: • Admitted that he is still a bit hazy on a few things about the density bonus. • Asked if exceeding the existing density must be allowed. Planner Stephen Rose replied yes. Commissioner Rich asked how inclusionary housing relates to density bonus. City Attorney William Seligmann said that they don't relate. They are separate requirements. Planner Stephen Rose advised that the difference is mandated versus discretionary units. He said that staff's recommendation is to allocate 75 percent of the affordable units in the apartments and 25 percent in the townhomes. Commissioner Rich asked how the very-low, low and moderate-income levels are defined. Planner Stephen Rose said that there are calculations mapping out income levels for specific areas/regions. Income levels take household size into consideration. Those calculations are used to set the affordable pricing at each income level. Commissioner Rich asked about the extra 9-foot height requested by the applicant as a consession. Planner Stephen Rose said that is a "concession." The developer has the ability to pick a concession as long as they can justify the need for said concession. Commissioner Reynolds: • Referenced page 12 of the staff report that outlined four options for the pole alignment and/or undergrounding. • Noted that staff is recommending option 4. • Questioned the reference to a tripping hazard. Planner Stephen Rose said that per the Public Works Department, the metal boxes on the ground are a potential trip hazard and Public Works doesn't like to have those on public sidewalks but rather prefers they be located on private property. Commissioner Bonhagen asked if the sound walls serving the duet units would go underground at all. Planner Stephen Rose said just below the required depth needed to hold the wall up per Building Code. Campbell Planning Commission Minutes for August 11, 2015 Page 14 Commissioner Kendall referenced the VTA letter, page 2, paragraph 1, Transportation Impact Analysis. She asked if sidewalks have been added as a condition. Director Paul Kermoyan said he would defer response to the City's Traffic Engineer Matthew Jue who is present this evening together with the consulting Traffic Engineer. Matthew Jue: • Said that there were two mid-block crossings proposed by the applicant but were discouraged by the TIA. Public Works agrees with the TIA's recommendation. • Added that Condition 19 has been added requiring the construction of a sidewalk on the west side. Acting Chair Dodd opened the Public Hearing for Agenda Item No. 5. Ardie Zahedani, Applicant, St. Anton Communities: • Stated that he was accompanied by his team members in the event questions come up that they can respond to. • Advised that they have been working on this proposal for a long time. • Added that they are an active developer in California with over 7,000 projects and 40 communities. • Admitted that this one in Campbell has taken the most work. That work will be worth it in the end. • Reported that they build and then they retain ownership. They own 2,600 units in the Bay Area. • Stated that they like TOD (Transit Oriented Development) and reported that a number of TOD groups are supportive of this project. It is sustainable and responsible,. • Reported that they are consolidating 13 parcels, ranging in size from .15 acres to 2 acres. There will be connections to the Los Gatos Creek Trail and to the Downtown. • Said that they have a conforming plan to the zoning and meet the requirements for the Density Bonus, with is a by-right law. • Described the proposed amenities on site: pool and spa; club house; fitness centers (both indoor and outdoor); dog park; dog wash stations; bike storage, business center, roof deck, outdoor cooking area; four garden areas (communal and self-contained); and a private balcony in each unit. • Pointed out that there have been no comments on the apartment design. It is a building that Campbell can be proud of in the years ahead. • Advised that they had agreed to all SARC recommendations. • Said that they pay attention to the small details of their projects. The staff proposed sign design doesn't look right for the project and he'd like to work further with staff and design professionals to come up with something better. • Said that as to the affordable units, they are not required for rental units but only for for-sale units. Code allows either low or moderate-income units. They are requesting all moderate-income level units just as the adjacent developer got. • Said that the Density Bonus is a policy perspective. Campbell Planning Commission Minutes for August 11, 2015 Page 15 • Pointed out that there is no ability to verify income of persons who secure the "for sale" BMR units. On the rental side, annual review of income eligibility can occur. • Said that it is better in a public policy sense to have the BMR units located in the rental units (apartments). Commissioner Bonhagen: • Said that this looks like a great project. • Added that he is happy to see St. Anton come into Campbell. • Asked Mr. Ardie Zahedani to confirm that they prefer no very-low-income units. Ardie Zahedani said that he supports very-low-income units in the rentals but not the purchase units. Commissioner Bonhagen pointed out that there are 9 apartment units and 5 townhome units proposed as BMR. Ardie Zahedani reiterated his hope that they will be allowed to do what the adjacent site developer has been allowed. Commissioner Bonhagen said that these are different projects on different properties. The adjacent project had no Density Bonus concessions. Director Paul Kermoyan pointed out that if all of the units on this development site were for-sale rather than some rental (apartments) and others ownership (townhomes/duets), they would have to have very-low-income units included. Commissioner Rich asked Ardie Zahedani why they are suggesting most BMR units as rentals rather than purchase units. Ardie Zahedani said that building rentals is what they do. That's their business model. With this project, they have added a "for sale" component and will build those in partnership with another builder. Jack Woodhouse, Resident on Sunnyside Avenue: • Stated that this project is located within his neighborhood. • Reported that he is retired after 20 plus years with the City of Sunnyvale. • Admitted that he has a great interest in TOD (Transit Oriented Development) and supports this project. It is the right project in the right location. • Added that the project looks good in both density and style and should be oriented as much as possible to the Light Rail Station. It needs to be well connected with sidewalk improvements. • Reported that the developer met with him at his request and showed the plans. • Added that the developer indicated that he was willing to put in sidewalks on the west side to reach the Light Rail Station. • Said that use of lighted crosswalk areas are a good idea. • Stated that Sam Cava at Railway is a good location for such a crosswalk. It services the neighborhood as a whole and not just the development. Campbell Planning Commission Minutes for August 11, 2015 Page 16 • Agreed that sidewalks don't work as well at mid-block locations and are better located at intersections. • Reiterated that the developer is willing to fund lighted crosswalks and the City should take advantage of it. • Supported extending the sidewalk from the Railway crossing at Kennedy. While this is not an easy place to put it, it is important to do so. • Concluded that this would complete the sidewalk network of this neighborhood. Janice Newman, Resident on Dillon Avenue: • Explained that her property backs onto the final townhome unit of this proposed development. • Added that she has concerns about the idea of balconies on the east and the privacy impacts they would have on her unit. • Questioned what type of fencing would separate the new development from the adjacencies. Right now it is just chain link. • Stated her concern for having three, four and five stories looking down into her property. • Stated concern that the proposed fire access road could be used by bicycle transients. • Opined that the height bonus (concession) is too high in her opinion. Acting Chair Dodd closed the Public Hearing for Agenda Item No. 5 Director Paul Kermoyan asked City Traffic Engineer Matthew Jue to address the neighbor's recommendation for a sidewalk on the west side. Matthew Jue, City Traffic Engineer: • Cautioned that narrowing the street could work against any future bike lanes. Director Paul Kermoyan said that there had also been discussions of the potential loss of existing on-street parking with the narrowing of this street. Acting Chair Dodd asked Matthew Jue about the use of lighted pedestrian crossings such as that located at Jack Fisher Park. Matthew Jue, City Traffic Engineer, said that what is proposed is ground-level pedestrian crossing areas such as has been installed on Union Avenue in front of Strojanovich Park. Commissioner Bonhagen asked Matthew Jue if he there should/would be sidewalks on both sides of the street here. Planner Stephen Rose referenced plan sheet C-2 that indicates the extent of the proposed sidewalk. He added that it doesn't look like the road width would accommodate sidewalk, bike lane and street parking. Commissioner Reynolds: Campbell Planning Commission Minutes for August 11, 2015 Page 17 • Suggested that the sidewalk options be provide to Council as he doesn't want that issue to hold up this project. • Added that he understands that the Bicycle Advisory Board is not supportive of the use of Green Bicycle Lanes. • Opined that the Green Bicycle lanes located out near the Hewlett Packard location in Cupertino are very obvious and visible to drivers. • Stated that BMR needs are cyclical. Right now there is a high demand for BMR apartments. • Added that this applicant is proposing the very-low income units for this development be apartment units. • Stated that he tends to agree with that proposal. • Suggested that the younger generation today is more transitory. They move more often and change jobs more often. • Said that the City should be looking for more opportunities for very-low-income units for young people who are just starting out. • Advised that he supports the staff recommendation for Option 4 in regards to undergrounding. • Said that he likes the large sign proposed for the top of the building and is open to hearing options on that without holding up the project. • Suggested having more defined sign options brought back to the Commission with more choices to consider. • Stated his support for the privacy concerns raised by an adjacent neighbor and suggested the planting of a row of tall cypress trees (on this project site and to be maintained by this development) which should grow quickly and help screen privacy impacts. Commissioner Kendall: • Directed a question to Commissioner Reynolds. • Asked if he believes that all BMR units for low income should be rentals. Should they never have the ability to buy a home in Campbell? Commissioner Reynolds: • Emphatically replied no. • Said that rather he seeks opportunities to allow young people to get that first place of their own. To make it easier for them. • Added that there would be other available units in this development for purchase. • Reiterated his desire to make it easier to get into a home. Director Paul Kermoyan: • Clarified that it appears that Commissioner Reynolds is supporting having all the very-low-income units be apartment rentals. • Advised that staff instead feels that two of the purchase (for-sale) units should be at the very-low-income level. Commissioner Kendall: • Stated her support for staff's recommendation as to the distribution of the very-low- income units between both rental and purchase units. Campbell Planning Commission Minutes for August 11, 2015 Page 18 • Added that this is a fairness thing and offers an opportunity for someone at the very-low-income level to own a home. • Advised that she appreciates the changes that have been made to the townhomes. They look warmer. They appear more light and less like a compound. • Admitted that she'd appreciate more variation in the street trees planted for a more natural look. • Said that she appreciates the community gardens, bike paths and planting of multiple fruit trees on this property. • Questioned the inclusion of a bedroom with bath on the bottom floor and expressed concern that those could be easily converted into astand-alone rental unit. • Asked if there is a condition in place requiring opportunities for Eco passes. Planner Stephen Rose replied yes, that is contained within the Environmental Review. Commissioner Kendall: • Said that while she likes staff's attempt at a development identification sign design, it needs some input from a graphic artist to better match the development's style. • Concluded that she can support the Variance for undergrounding. Commissioner Bonhagen: • Said that he doesn't like the staff proposed sign but rather loves the applicant's original proposal. • Agreed that the staff recommendation for the distribution of the affordable units is logical to have them dispersed throughout the project. • Reminded that the nearby Dillon project is different. There are no rental units in that development and they did not request/receive adensity bonus. Director Paul Kermoyan clarified that there would be some rental units but there was no density bonus with the Dillon project. Commissioner Bonhagen: • Expressed concern about the sound wall for the duets and suggested that some of said wall be put underground to help reduce vibrations coming for the railway behind that wall. Commissioner Rich: • Said that he has no major concerns about extending the sidewalk. • Said that as to the color of the bike lane, he would defer that issue to the Bike Advisory Committee. • Stated that he would suggest going with the staff recommendation in regards to the distribution of BMR as both rental and purchase units. • Added that he is fine with the undergrounding exception. • Agreed that the sign on the building shouldn't hold up the project but rather more design proposals be developed by expert designers for review at a later date. • Acknowledged the privacy concerns raised by the neighbor and agreed that something should be done to help retain the privacy of the existing neighborhood. Campbell Planning Commission Minutes for August 11, 2015 Page 19 It could be an increased wall height or perhaps trees with this applicant to bear the cost of that mitigation. • Said that as to the issue of having a variety of street tree species, he prefers to see consistency on a street's trees. • Stated that overall he is very supportive of this project. He likes what this development is going to do for Railway Avenue. Director Paul Kermoyan pointed out that having an identifying sign is not necessary to make this project a success but rather was a suggestion by staff for consideration. Acting Chair Dodd: • Said that she thinks that the use of green bike lanes provides a good visual for drivers to see where bicyclists are. • Stated appreciation for Planner Stephen Rose's mathematical reasoning for distribution of the BMR units. • Pointed out that allowing a Density Bonus means that everyone wins. • Added that she is okay with anine-foot variance in maximum height since that portion of the building is situated so far back from the street. • Said that she noticed that immediately after a neighbor expressed concerns this evening about potential privacy impacts the developer took the time to approach her to discuss her concerns. Perhaps the issue has already been resolved between them. • Stated that she believes that the applicant is trying to be a good neighbor. • Agreed withi Commissioner Rich that she likes consistency in the street trees used to help create a planned look. • Supported having a proposed identifying sign on the building but to require it to undergo additional design. • Opined that this is a nice looking project and she can support it. Director Paul Kermoyan: • Agreed that the privacy impact discussion can continue between now and the Council hearing date. • Added that staff can work with the applicant to find solutions to preserve privacy of the existing adjacent neighbors. Motion: Motion of Commissioner Reynolds, seconded by Commissioner Bonhagen, the Planning Commission took the following actions: • Adopted Resolution No. 4230 recommending that the City Council adopt a Mitigated Negative Declaration (PLN2014-325) • Adopted Resolution No. 4231 recommending that the City Council approve a Vesting Tentative Subdivision Map (PLN2014-324), subject to the conditions of approval; • Adopted Resolution No. 4232 recommending that the City Council approve a Planned Development Permit with a Density Bonus (PLN2014-323), subject to the conditions of approval, Campbell Planning Commission Minutes for August 11, 2015 Page 20 • Adopted Resolution No. 4233 recommending that the City Council approve a Tree Removal Permit (PLN2014-329), subject to the conditions of approval; and • Adopted Resolution No. 4234 recommending that the City Council approve a Variance (PLN2015-167) to allow the placement of a service pole on the public right-of-way, subject to the conditions of approval; and • Adopted Resolution No. 4235 recommending that the City Council deny a Sign Exception (PLN2015-53), by the following roll call vote: AYES Bonhagen, Dodd, Kendall, Reynolds and Rich NOES: None ABSENT: Finch and Young ABSTAIN: None Acting Chair Dodd advised that this project would be considered by the City Council for final action at its meeting of September 15, 2015. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 10:50 p.m. to the next Regular Planning Commission Meeting of Au~ust 25, 2015. SUBMITTED BY: APPROVED Bl(: ATTEST: C n, Record~Secretary Cynthi~yDodd, A ting Chair Paul Kermoyan, Secretary