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PC Min 09/12/2000CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. SEPTEMBER 12, 2000 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of September 12, 2000, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairperson Gibbons, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Elizabeth Gibbons Mel Lindstrom George Doorley Joseph D. Hernandez Brad Jones Commissioners Absent: Commissioner: Commissioner: Tom Francois Dennis Lowe Staff Present: Community Development Director: Associate Planner: City Attorney: Reporting Secretary: Sharon Fierro Tim J. Haley William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Lindstrom, seconded by Commissioner Jones, the Planning Commission minutes of August 22, 2000, were approved. (4-0-2-1; Commissioners Francois and Lowe were absent and Commissioner Doorley abstained as he was not present at the August 22, 2000, meeting.) Planning Commission Minutes of September 12, 2000 Page 2 COMMUNICATIONS. 1. Letters re Agenda Item No. 2. AGENDA MODIFICATIONS OR POSTPONEMENTS Staff recommended hearing Item No. 1 at the end of the agenda. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairperson Gibbons read Agenda Item No. 2 into the record. PLN2000-99/ PLN2000-100/ PLN2000-105 Nader, Q. Public Hearing to consider the application of Mr. Que Nader, on behalf of Hoffman Terraces, Inc., for approval of a Zone Change (PLN2000-99) from R-M-S (Multiple Family Residential) to PD (Planned Development); approval of a Planned Development Permit (PLN2000-100) to allow the construction of eight townhomes and approval of a Tentative Subdivision Map (PLN2000-105) to create eight lots on property located at 205 Redding Road in an R-M-S (Multiple Family Residential) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: October 3, 2000. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that this is a three-part application seeking a Zone Change from R-M-S (Multiple Family Residential) to PD (Planned Development); a Planned Development Permit to allow the construction of eight town home units; and a Tentative Subdivision Map to create eight lots. · Stated that the project site consists of approximately three-quarters of an acre at Hoffman Lane and Redding Road. · The proposed density is 9.6 units per gross acre and the General Plan allows development at 6 to 13 units per gross acre. · The proposal is for eight town home units ranging in size from 1,952 square feet to 2,343 square feet of living space, each unit with a two-car garage. · The project provides 34 parking spaces. Twenty-eight parking spaces are required under the Ordinance. · The project site is located on a private lane. Two driveways will exit onto Hoffman Lane, serving six units. Two units will exit directly onto Redding Road. · The project is proposed in two phases. Phase I will include six units and retain the existing residence. A garage will be constructed to serve the existing residence with a driveway on Redding Road. Phase II will not be constructed as long as the elderly owners live in the residence on site. · Surrounding uses include single-family residences and town home developments. Planning Commission Minutes of September 12, 2000 Page 3 Commissioner Lindstrom asked how many homes there are on Hoffman Lane. Mr. Tim J. Haley replied that there are 30 to 40 homes on Hoffman. Commissioner Lindstrom asked if the entire street is located within the City of Campbell. Mr. Tim J. Haley replied that the entire street is located in Campbell. Commissioner Doofley asked for clarification on the time line for the existing residence. Mr. Tim J. Haley clarified that the owners, a couple in their 90's, are in declining health. Part of the sales agreement was that they be allowed to stay in the house. Therefore, the applicant is seeking approval for Phase II that endures for five years or as long as the existing residents reside at the property. Commissioner Hemandez sought clarification on the zoning. Mr. Tim J. Haley advised that the zoning is Multiple Family Residential. Commissioner Hernandez asked if the General Plan Update will impact this project. Ms. Sharon Fierro, Community Development Director, advised that there are no changes recommended for this area within the General Plan Update. Mr. Tim J. Haley added that the applicant is not seeking any General Plan Amendments with this project. Chairperson Gibbons asked about access to Hoffman Lane. Mr. Tim J. Haley advised that there is a 40-foot wide access easement as a private drive. Added that a Homeowners' Association will be responsible for maintenance of their portion of the access/private drive. Commissioner Mel Lindstrom presented the Site and Architectural Review Committee report as follows: · SARC was supportive of this project. Chairperson Gibbons opened the Public Heating for Agenda Item No. 2. Mr. Joe Schreckengmaust, 1509 Parsons Avenue: · Advised that his home is located directly behind proposed lot 3. · Stated that he is in favor of a Zone Change to PD but has concerns which he submitted to the Commission via a written communication this evening. Planning Commission Minutes of September 12, 2000 Page 4 · Concems include the close proximity to his property, approximately 30 feet. · Added that one front door is directly in view of his house, which causes a privacy concern. · Said that he also has questions about the proposed height of the fence, the lighting and collection of trash and recycling materials as his master bedroom is located near the proposed site for trash collection. Also questioned noise impacts from air conditioning units. · Expressed concerns that the property is 2 feet lower than his own property and that the impacts of grading may endanger a prized Ash tree located at the property line on his property. · Stated concerns about the grading and potential water run offproblems in the area · Asked to have trees planted and specifically some trees to screen his property from the new development. Commissioner Hemandez asked Mr. Schreckengmauhst for his top areas of concern. Mr. Joe Schreckengmauhst replied that the key concerns are privacy, lighting, and distance of the new homes from his home, noise and preservation of the Ash tree on his property. Added that since staff is recommending that the six parking spaces off Hoffrnan be removed, that the houses be moved that distance away from the rear property line to make the new residences further from his property. Mr. Robert Black, 1499 Parsons Avenue: · Advised that his home is located behind proposed parcel 2. · Asked that a row of trees be planted along the back of the property to provide privacy. · Expressed concern about noise from the air conditioning units. · Stated that there is a vacant parcel along Hoffman whose owner has expressed her intent to store recreational vehicles as a source of income. Said that he was concerned about the impact of the number of cars passing through the area. Commissioner Doorley asked for further information about the parking of recreational vehicles in the area. Mr. Robert Black advised that this has not occurred yet but the woman who purchased the property can do nothing with it. She want to make something off of the land. Chairperson Gibbons suggested that if recreational vehicle storage occurs on this site, Mr. Black should contact the Planning Department. This potential RV storage is a separate issue from this project. Mr. Robert Black added that there will be parking impacts as a result of this project. Mr. Ron Merz, 1388 Hoffman Lane: Planning Commission Minutes of September 12, 2000 Page 5 · Stated that his concerns include water drain off, which ruins the street, and the potential increase in traffic. Commissioner Doorley asked staff for comments about site drainage. Chairperson Gibbons advised that grading and drainage is covered in the Public Works Conditions of Approval. Ms. Sharon Fierro added that a Grading and Drainage Plan is required. Added that drainage will be directed to the Storm Drains on Redding Road. Added that the City's Land Development Engineer, Mr. Harold Housley, is very meticulous in his review of grading and drainage issues. Ms. Maryann Nola, 1361 Hoffman Lane: · Expressed concern about the road, saying that it is a private road not just a driveway. · Stated that Hoffman Lane is not adequate to serve this project as it already serves as access for 40 households. · Said that she was concerned about the maintenance of the road and that issue needs to be considered. · Asked about road conditions during construction, including what arrangements would be made to correct damage made during construction; what access would be like during construction. · Reminded that Hoffman is a dead end street and that there is no alternate access. · Recommended that the project be limited to six units and that it be constructed in one phase with access directly from Redding Road rather than Hoffman Lane. Chairperson Gibbons asked staff to clarify the City's involvement in maintaining private roads. Mr. Tim J. Haley advised that the City has no involvement as far as maintenance. The residents on Hoffman Lane are responsible for the upkeep of the private road. Commissioner Doorley asked what percentage of the roadway the applicants would be responsible for maintaining. Mr. Tim J. Haley replied that the maintenance is for the 20-foot easement across the frontage of this project with a 10-foot lane and 10-foot parking lane. Added that the project will be tied into the Storm Drain System. Commissioner Jones stated that the owner of this project site has a right to access Hoffman. Asked about the responsibility to correct any construction damages to the road. Mr. Tim J. Haley advised that the Ordinance requires that the road be maintained in a manner acceptable to the Building Official. Planning Commission Minutes of September 12, 2000 Page 6 Commissioner Jones asked which property owners were notified of this public heating regarding this proposal. Mr. Tim J. Haley advised that the requirement is to notify property owners within 300 feet of the project site. Therefore not all property owners on Hoffman received notification by mail. Mr. Paul Quintarelli, 1295 Hoffman Lane: · Expressed concerns about ingress and egress during construction. · Added that the roadway is less than 20 feet wide right now and is only oiled and screened. · Stated that currently the existing residents, including many children, use Hoffman each day which leaves no room for construction crews to park along Hoffman. · Suggested that the roadway portion of Hoffman Lane that runs along the Phase II portion of the project should be developed with Phase I. · Stated that he had advised the lady, who owns the land on which she plans to park RV's, that she should go back to the County as that land she bought from them is worthless. Ms. Sharon Fierro asked if the RV's are her own. Mr. Paul Quintarelli said that there are no RV's at this time but that her plan is to rent out spaces. Added that he advised her to get an attorney to help her out with this land purchase. Ms. Sharon Fierro advised that staff would contact this property owner. Mr. Paul Quintarelli stated that to this point, the neighbors have gotten together to repair the road when necessary. Said that he wants to see an assessment district established to cover the costs of road maintenance in the future. Mr. Jeff Quintarelli, 1285 Hoffman Lane: · Stated that he is not opposed to development but is concerned about ingress and egress safety. · Said that the current width of Hoffman is not readily accessible to traffic. · Concerned about the potential of children leaving for school versus construction trucks at 8 a.m. and the accessibility for emergency vehicles to the homes down Hoffman. · Asked that the full 40 foot width roadway be constructed prior to construction of this project as the existing road is not set up for heavy traffic. · Suggested that the developer be held responsible for any damage and repair to Hoffman Lane as a result of construction traffic. · Asked for lighting at the two driveways off of Hoffman so that exiting vehicles are visible to traffic coming from further down Hoffman. Ms. Heather Ochoa, 1485 Parsons Avenue: · Advised that her home is directly behind lot 3, 27 feet from the project site. Planning Commission Minutes of September 12, 2000 Page 7 · Added that the front door of one of the new units will be situated about 10 feet away from a sliding glass door in her master bedroom. · Expressed concerns about loss of privacy and density for this project. · Stated that the project is predominately surrounded by single family residences and asked that the neighborhood be kept uniformly single family residential. · Added that she is not objecting to homes behind hers but just the number proposed. Said that she would rather see just six units instead of the proposed eight. Commissioner Doorley asked if this project represents a lack of uniformity in the area. Mr. Tim J. Haley advised that the project site is zoned Low to Medium Density Residential but does represent a transition site between Low to Medium Density and Low Density. The Low to Medium Density Zoning Designation has been in place for 20 years but the expanded density is just now being exercised at this time. Commissioner Jones asked why this project was a Planned Development. Mr. Tim J. Haley replied that a PD Project allows for individual ownership of the units. Chairperson Gibbons asked if the Zoning requirements are being met with this project, particularly setbacks. Mr. Tim J. Haley advised that the project meets Multiple Family Residential setback requirements but not Single Family Residential setback requirements. Commissioner Jones asked how many apartment units could be constructed on this site. Mr. Tim J. Haley advised that a 10-unit apartment project would be allowed. Chairperson Gibbons asked for the Residential setbacks. Mr. Tim J. Haley replied that the setbacks are 5 feet or ¥2 the height of the building wall for both side and rear setbacks. Commissioner Hernandez asked Ms. Heather Ochoa what she would change to mitigate the loss of privacy. Ms. Heather Ochoa replied that she would rather the project consist of only four single family residential units. Commissioner Hemandez further asked what would help Ms. Ochoa accept this particular proposal. Planning Commission Minutes of September 12, 2000 Page 8 Ms. Heather Ochoa replied additional trees. Chairperson Gibbons asked about the proposed parking on Hoffman. Mr. Tim J. Haley advised that the applicant is proposing this parking. Staff would prefer to see landscaping and lawn instead of parking lanes. Chairperson Gibbons asked whether the units could be moved forward if the parking lane is eliminated. Mr. Tim J. Haley advised that this is easement area that cannot be constructed upon. Mr. Que Nader, Development Representative: · Advised that this project is developed at a lower density than could be allowed and conforms with all setbacks. · Stated that he had no problem adding more trees. · Informed that the proposed fencing is a good neighbor fence, six feet in height. · Advised that the drainage would go into the Redding Road Storm Drain. · Stated that the construction vehicles would have to be parked on the project site itself. · Said that he had no objection to adding the lights at the driveways. · Indicated his willingness to cooperate with staff to install a landscape buffer at the back of the property to help with privacy concerns. Commissioner Doorley asked if there is already a fence separating the project site from the adjacent residences. Mr. Que Nader advised that there is an existing fence but that it is broken down. Added that they will replace this fence prior to commencing construction. Commissioner Doorley asked if it was possible to construct this project in one phase rather than two. Mr. Que Nader advised that a lack of phasing would kill this project. Added that the present owners want to stay in their home. The project is either a two-phase project or no project at all. Said that Phase II includes only the additional buildings, all of the public improvements will be installed during Phase I. Commissioner Doorley asked Mr. Nader if he was certain the owners were not interested in moving. Mr. Que Nader advised that he offered but they are unwilling to move from their home. Planning Commission Minutes of September 12, 2000 Page 9 Chairperson Gibbons sought further clarification that all the improvements to Hoffman Lane will occur with Phase I of the project. Mr. Que Nader answered that all improvements to Hoffman Lane will occur with Phase I construction. Chairperson Gibbons asked Mr. Nader if he had met with neighbors. Mr. Que Nader advised that he had not. Said that he will make construction as easy as possible on the neighbors and will widen the lane. Added that all equipment and construction vehicles will be kept on their own site. Ms. Shirley Winovich, 1300 Hoffman Lane: · Thanked her neighbor, Ms. Heather Ochoa, for notifying her about this hearing. · Added that most of her concerns have been addressed. · Said that she never had a clue about this proposal despite the fact that it has an impact on a dead-end street (Hoffman Lane). Chairperson Gibbons closed the Public Hearing for Agenda Item No. 2. Commissioner Lindstrom: · Stated that he would like to see this project go forward as the developer has indicated a good neighbor policy. · Issues such as storm drains, landscaping and street improvements have been addressed. The applicant will work with rear neighbors regarding landscaping to ensure privacy. · Suggested a Condition of Approval to have the applicant meet with neighbors regarding landscaping. · Recommended forwarding this project on to Council with a recommendation of approval. Commissioner Doorley: · Stated that his only remaining concern is the phasing of the project, although he understand the need for phasing the project under these conditions. · Said that this project is superior to other potential uses of the property. · Added that positive aspects of the project include the provision of sufficient parking and the maintenance of the private road. · Suggested the establishment of an Assessment District to address road maintenance issues with all property owners whose homes access onto Hoffman. · Said that he would support this project. Commissioner Hemandez: · Stated that this site, although zoned RMS, is surrounded by single-family residences. Planning Commission Minutes of September 12, 2000 Page 10 · Said that density is a concem in Campbell and that Campbell has its fair share of higher density development. · Advised that his main concern is privacy and that he is happy to see that the developer is willing to work with the neighbors to lessen the impact of his project on their properties. Commissioner Jones: · Stated that he concurred with Commissioner Hemandez. · Added that this is a unique project because of the private road. · Said that he would have liked to see the developer work with neighbors earlier in the process. · Informed that he would not support this project. Chairperson Gibbons: · Stated that this is not an easy issue. · Said that fencing and landscaping can be addressed, as can trash/recycling, grading/drainage. · The main issue is privacy. · Added that the developer has made an effort to address privacy by placing the larger units facing onto Redding. These are not monster homes but she wished there were larger setbacks. · Said that this is the best and most appropriate use of the site, as it offers the benefit of private ownership. · Commended the developer for allowing the elderly owners stay in their home. · Added that she does not see the ability to move the units out closer to Hoffman. Commissioner Jones stated that the Commission's decision is not final. Ms. Sharon Fierro advised that Commissioner Jones is correct. Chairperson Gibbons added that the discussion of this project continues at Council. Commissioner Lindstrom said that the site could have more built onto it. This plan has less density and allows private ownership. Chairperson Gibbons asked if additional Conditions should be imposed. City Attorney William Seligmann suggested the following language: applicant shall meet with willing representatives of adjacent properties prior to submission of the landscape plan to the Community Development Director and reasonable effort shall be made in the planting of trees and other vegetation to minimize privacy impacts. Chairperson Gibbons asked about conditions relating to the private roadway. Planning Commission Minutes of September 12, 2000 Page 11 City Attorney William Seligmann advised that it would be difficult to impose conditions as the applicant has an easement that allows access and use of the private road by this property. Said that, while it may be possible to require the establishment of a fund for repairs of road damage that may occur during construction, he is leery of doing that this evening. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Doorley, the Planning Commission took the following action: 1. Recommended that Council grant a Negative Declaration; and 2. Adopted Resolution No. 3292 recommending approval of a Zone Change from R-M-S (Multiple Family Residential) to PD (Planned Development); 3. Adopted Resolution No. 3293 recommending approval of a Planned Development Permit to allow the construction of eight townhomes; and 4. Adopted Resolution No. 3294 recommending approval of a Tentative Subdivision Map to create eight lots on property located at 205 Redding Road, with the added Condition that the applicant work closely with the neighbors on sufficient landscaping to ensure privacy; by the following roll call vote: AYES: Doorley, Gibbons, Lindstrom NOES: Hernandez, Jones ABSENT: Francois, Lowe ABSTAIN: None Chairperson Gibbons advised that Council would consider this matter at its meeting of October 3, 2000. Chairperson Gibbons read Agenda Item No. 3 into the record. 3. PLN2000-111 Williamson, D. Public Heating to consider the application of Ms. Donna Williamson, on behalf of Heuttig & Schromm, for approval of a Planned Development Permit (PLN2000-111) to allow the construction of a two-story, 11,760 square foot research and development building on property located at 603 Campbell Technology Parkway in a PD (Planned Development) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: October 3, 2000. Planning Commission Minutes of September 12, 2000 Page 12 Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Stated that the staff recommends a continuance to the October 10, 2000, Planning Commission meeting. Chairperson Gibbons opened the Public Heating for Agenda Item No. 3. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Lindstrom, the Planning Commission continued consideration of a Planned Development Permit (PLN2000-111) to allow the construction of a two-story, 11,760 square foot research and development building on property located at 603 Campbell Technology Parkway, to the Planning Commission meeting of October 10, 2000, by the following roll call vote: AYES: Doorley, Gibbons, Hernandez, Jones, Lindstrom NOES: None ABSENT: Francois. Lowe ABSTAIN: None Chairperson Gibbons read Agenda Item No. 4 into the record. 4. PLN2000-74 Bowen, B. Public Heating to consider the application of Mr. Bruce Bowen, on behalf of B&C Homes, for approval of a General Plan Amendment (PLN2000-74) to change the Land Use Designation from Public/Semi Public to Low Density Residential (less than 6 units per gross acre); approval of a Zone Change (PLN2000-75) from PF (Public Facilities) to R-l-6 (Single Family Residential); and a Tentative Subdivision Map (PLN2000-84) to allow the creation of four new single-family residential lots on property located at 860 Harriet Avenue in a PF (Public Facilities) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council meeting date: October 3, 2000. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that the applicant is seeking a General Plan Amendment, Zone Change and Tentative Subdivision Map to allow the development of the easterly portion of the property, located at Elam and Harriet Avenues. · Said that the site includes .78 gross acres, .66 net acres. · Stated that the current Land Use for the site is Public/Semi Public and the applicant is seeking Low Density Residential, less than six units per gross acre. · Advised that the surrounding uses are Low Density Residential, less than six units per gross acre. Planning Commission Minutes of September 12, 2000 Page 13 The proposed Zone Change is from PF (Public Facilities) to R-l-6 (Single Family Residential). · The Tentative Subdivision Map would leave part of the site for the existing church and create four new single-family lots (including two flag lots). Access to the new residential lots would be from Elam Avenue. · Advised that the proposed new lots would range from 6,225 square feet to 6,700 square feet. · Stated that the proposed uses are consistent and that staff finds the proposal represents a desirable lot pattern in the area. · Staff is recommending approval. Commissioner Doorly questioned the requirement to improve the church landscaping and building with this approval. Chairperson Gibbons opened the Public Heating for Agenda Item No. 4. Mr. Gary Giraud, 615 Louise Court: · Advised that he is present as a representative from the San Tomas Area Neighborhood Association. · Asked why the improvements to the church are being attached as a Condition of Approval. · Questioned the requirements for street design and improvements and to take out and reconstruct existing street improvements. Mr. Tim J. Haley: · Advised that he was not aware of the specific arrangement between the Church and B&C Homes, who will be developing the new homes. · Stated that the Developer is responsible for street improvements. The need to remove existing improvements is to comply with ADA and current standards. · All requirements are consistent with the San Tomas Area Neighborhood Plan. Chairperson Gibbons asked if Conditions can be placed on an adjoining property. City Attorney William Seligmann advised that since this development includes the subdivision of the current Church property, these conditions can be allowed. Mr. Bruce Bowen, B&C Homes, 389 E. Campbell Avenue: · Said that he has worked with the Church and his company would be handling all site improvements for the Church. · Advised that the Church was interested in upgrading their property. · Said that all is good with the project. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 4. Planning Commission Minutes of September 12, 2000 Page 14 Motion: Upon motion of Commissioner Hernandez, seconded Jones, the Planning Commission took the following action: 1. 2. e AYES: NOES: ABSENT: ABSTAIN: by Commissioner Recommended that Council adopt a Negative Declaration; and Adopted Resolution No. 3295 recommending approval of a General Plan Amendment to change the Land Use Designation from Public/Semi Public to Low Density Residential (less than 6 units per gross acre); and Adopted Resolution No. 3296 recommending approval of a Zone Change from PF (Public Facilities) to R-l-6 (Single Family Residential); and Adopted Resolution No. 3297 recommending approval of a Tentative Subdivision Map to allow the creation of four new single-family residential lots on property located at 860 Harriet Avenue, by the following roll call vote: Doorley, Gibbons, Hernandez, Jones, Lindstrom None Francois, Lowe None Chairperson Gibbons advised that this item will be considered by Council at its meeting of October 3, 2000. Chairperson Gibbons read Agenda Item No. 5 into the record. o PLN2000-89 Foresee, M. Public Hearing to consider the application of Mr. Mike Foresee, on behalf of Campbell Christian School, for approval of a Modification (PLN2000-89) of a previously approved Conditional Use Permit (UP 75-15) to allow the placement and use of a 960 square foot modular classroom building on property located at 1075 W. Campbell Avenue in a PF (Public Facilities) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: Informed the Commission that the applicants are seeking approval of a Modification to a Use Permit to allow the placement and use of a modular classroom on an existing school facility. · The private school, Campbell Christian School, operates on property owned by the Campbell Church of Christ. The school needs additional classroom space to serve 30 students and one additional staff member. · School hours are from 8 a.m. to 2:30 p.m. with day care provided from 7 a.m. to 6 p.m. · The placement of the portable is within the interior of the lot and there are no noise impacts as the adjacent neighbor is also a school. · Staff has conditioned a one-year review of this use. Planning Commission Minutes of September 12, 2000 Page 15 Commissioner Hemandez sought clarification that only one portable is being considered this evening. Mr. Tim J. Haley advised that the school will reconsider next year as to whether additional portables are needed by the school. Commissioner Lindstrom presented the Site and Architectural Review Committee report as follows: · SARC reviewed the project and was supportive with the suggestion to add windows and landscaping. Mr. Tim J. Haley advised that this is a pre-fabricated building, specifically designed for classroom use. Chairperson Gibbons opened the Public Heating for Agenda Item No. 5. Mr. Mike Foresee, Applicant: · Stated that this is a pre-fabricated unit, based upon what is acceptable by the State. It is designed with no windows on the sides but windows on both ends. · Said that they support adding landscaping between the portable and the access. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 5. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 3298 granting a Modification to a previously-approved Use Permit to allow the placement and use of a 960 square foot modular classroom building (Campbell Christian School) on property located at 1075 W. Campbell Avenue, by the following roll call vote: AYES: Doorley, Gibbons, Hernandez, Jones, Lindstrom NOES: None ABSENT: Francois, Lowe ABSTAIN: None Chairperson Gibbons advised that this action is final in 10 days, unless appealed in writing to the City Clerk. Chairperson Gibbons read Agenda Item No. 6 into the record. Planning Commission Minutes of September 12, 2000 Page 16 6. PLN2000-68 Public Heating to consider the application of Ms. Christin Tran for Tran, C. approval of a Conditional Use Permit (PLN2000-68) to allow the establishment of a day care facility for 24 children on property located at 453 W. Campbell Avenue in an R-l-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that the applicant is seeking a Conditional Use Permit to allow the conversion of a duplex into a day care facility serving 24 children. · The project site is located on the comer of W. Campbell and Hardy Avenues. · The property is zoned R-l-6 (Single Family Residential). · Proposed hours of operation are from 8 a.m. to 6 p.m. · The lot size is 11,000 square feet. The building consists of 2,700 square feet with a two-car garage that will be retained for parking vehicles. · A pick up and drop off zone will be established on Campbell Avenue. · Five parking spaces will be provided on site. · Staff recommends approval of this application. Commissioner Hemandez expressed concem with the number of children on a site this size. Mr. Tim J. Haley: · Advised that the proposed use is compatible with the surrounding area. · Stated that the site includes a safe drop off and play areas. · Added that the size of the property is within reason for the proposed use. Commissioner Lindstrom presented the Site and Architectural Review Committee report as follows: · Stated that SARC supports the proposal, adding that the applicant must obtain a State of California Permit. · Added that this proposal is workable. Commissioner Doorley sought clarification that no one would live at this property. Mr. Tim J. Haley advised that there would be no living area remaining with this structure's use as a day care facility. Commissioner Doorley asked if this use will restrict uses of the property in the future. Planning Commission Minutes of September 12, 2000 Page 17 Mr. Tim J. Haley advised that the applicant loses the right to use the property as a duplex after one year. If they convert back to residential uses, it would be solely as a single-family residence. Added that converting the property back to single family from a day care use is not difficult. Chairperson Gibbons asked how long this approval is in effect. Mr. Tim J. Haley advised that the approval runs with the land. If violations to the Conditions of Approval occur, revocation of the approval would be possible. Chairperson Gibbons asked if vans would be used to reduce traffic as has been required with some other day care use. Asked if there is any issue regarding the potential number of cars accessing this site. Mr. Tim J. Haley advised that discussions have occurred regarding the potential for staggering arrival times. However, there are several sibling groups being served which reduces the number of trips to the site. Chairperson Gibbons asked if traffic concerns could be a basis for revocation. Mr. Tim J. Haley replied yes. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 6. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 6. Commissioner Doorley: · Stated that he is conflicted, finding the traffic plan to be unrealistic. · Advised that he would prefer to drop onto Hardy to drop children off at this site as he would find that street safer than stopping on the busy Campbell Avenue. Said that despite the letter from the provider to parents to u-turn at Winchester, he finds that is also an unrealistic expectation and one that he would not personally comply with to reach this site. Chairperson Gibbons: · Stated that it was important for the applicant to realize that violations to the Conditions of Approval could result in the revocation of the Use Permit. These Conditions are real and will be evaluated over time. · Said that no more than 24 children can be enrolled. · Said that she would support approval. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3299 approving a Conditional Use Permit to allow the establishment of a day care facility for Planning Commission Minutes of September 12, 2000 Page 18 24 children on property located at 453 W. Campbell Avenue, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Doorley, Gibbons, Hernandez, Jones, Lindstrom None Francois, Lowe None Chairperson Gibbons advised that decision is final in 10 days, unless appealed in writing to the City Clerk. Chairperson Gibbons read Agenda Item No. 7 into the record. 7. PLN2000-101 Brown, P. Public Hearing to consider the applications of Mr. Padraig Brown for approval of a Conditional Use Permit (PLN2000-101) to allow an on- sale beer/wine license in conjunction with an existing restaurant (Pizza Pad) on property located at 2099 S. Bascom Avenue in the C- 2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: Advised that the applicant is seeking an on-sale beer and wine license in conjunction with an existing restaurant. · The project site is on Bascom Avenue, south of Campbell Avenue, within a mixed retail building. · The business occupies 1,200 square feet of retail space or 11% of the building area. · Zoning is C-2-S (General Commercial), which allows restaurant use with beer and wine sales with the issuance of a Conditional Use Permit. · The Police Department reviewed this request and had no objections or conditions. · Staff recommends that the Commission adopt a Resolution approving this application. Commissioner Doorley asked if the applicant is present. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 7. Commissioner Doorley asked the applicant, Mr. Padraig Brown, about the large beer banner signs already on site. Mr. Padriag Brown advised that the signs also depict the Sharks which is why he posted them and assured the Commission that no beer has been sold at his restaurant prior to his Use Permit. Planning Commission Minutes of September 12, 2000 Page 19 Chairperson Gibbons closed the Public Hearing for Agenda Item No. 7. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution No. 3300 approving a Conditional Use Permit to allow an on-sale beer and wine license in conjunction with an existing restaurant (Pizza Pad) on property located at 2099 S. Bascom Avenue, by the following roll call vote: AYES: Doorley, Gibbons, Hernandez, Jones, Lindstrom NOES: None ABSENT: Francois, Lowe ABSTAIN: None Chairperson Gibbons advised that this approval is final in 10 days, unless appealed in writing to the City Clerk. Chairperson Gibbons read Agenda Item No. 8 into the record. 8. PLN2000-114 Del Grande, P. Public Hearing to consider the application of Mr. Paul Del Grande for approval of a Conditional Use Permit (PLN2000-114) to allow for the expansion of an existing auto repair establishment to allow for the temporary storage of vehicles on property located at 24 & 34 Dillon Avenue and 566 E. Campbell Avenue in a PD (Planned Development) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: Suggested that this item be continued to the September 26, 2000, meeting as the information provided was incomplete and did not allow staff to adequately review the request prior to this evening's meeting. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 8. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Jones, the Planning Commission continued consideration of an application for a Conditional Use Permit (PLN2000-114) to allow for the expansion of an existing auto repair establishment to allow for the temporary storage of vehicles on property located at 24 & 34 Dillon Avenue and 566 E. Campbell Avenue, to the Planning Commission meeting of September 26, 2000. (5-0-2; Commissioner Francois and Lowe were absent.) Planning Commission Minutes of September 12, 2000 Page 20 Chairperson Gibbons read Agenda Item No. 9 into the record. PLN2000-66 Francois, M. Public Hearing to consider the application of Mr. Matt Francois, on behalf of Dr. Dennis Wong, for approval of a Modification (PLN2000-66) to a previously-approved Site and Architectural Approval (S 98-24) to alter a Condition of Approval limiting the number of doctors/dentists using the site to two, on property located at 14419 S. Baseom Avenue in a PO (Professional Office) Zoning District. A Negative Declaration was previously approved for this project. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. (Referred back to the Planning Commission on August 1, 2000, by City Council for consideration of revised language on the proposed Modification to the Condition of Approval.). Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Informed the Commission that a meeting was held between the adjacent property owner and the applicant and others on Monday, September 11th. · Advised that the Commission denied approval of a previous request to modify the Condition of Approval limiting the number of doctors on site to two. That denial was appealed to Council. Council referred the matter back to the Commission for final resolution. Council instructed the Commission to come up with a reasonable and enforceable modification. · Condition of Approval No. 2, which limits the use of this site to only two doctors/dentists, was imposed due to the parking requirement of six spaces per doctor. Twelve spaces are provided on site, hence the restriction to two doctors. · Dr. Wong, the building owner, occupies the second floor with his dental practice. Mr. Walker and Dr. Loitz occupy the first floor as Dr. Walker transitions Dr. Loitz practice, which he purchased from Dr. Loitz. During oral surgeries, both an anesthesiologists and an assisting dentist are required, which exceeds the two-doctor maximum for the building. · The applicants request that as long as Dr. Walker and Dr. Loitz work on the same patient, they be counted as a single doctor. This arrangement is not to exceed 8 months and shall terminate in January 2001. · Staff finds this request reasonable and recommends approval. · Advised that the applicant and the neighboring property owners are available this evening. Commissioner Hemandez asked what the restrictions would be for the building. Ms. Sharon Fierro advised that the building occupancy would be limited to 12 people. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 9. Planning Commission Minutes of September 12, 2000 Page 21 Mr. Allen Guggenheim, 12296 Via Roncole, Saratoga: · Advised that he is the property manager for the adjacent property located at 3803 S. Bascom Avenue. · Asked how this proposal could be enforced. · Questioned the City's ability to enforce this modification. · Stated that the building was built with limited parking. Advised that parking problems have already occurred with this building including overflow parking coming onto their lot next door. Mr. Matt Francois, Attorney for the Wong Building: · Advised that he is representing the building owners, Dr. Wong and Ms. Ng. · Stated that he concurred with the comments in the supplemental staff report, finding that the modification is clear and enforceable and provides sufficient restrictions and is consistent with the Zoning. · Added that this is a transition phase only. · Informed that a meeting was held with the Follmars. Commissioner Doorley asked Mr. Francois if the neighbors agree with the compromise. Mr. Matt Francois replied they did to the extent possible. Ms. Jolie Houston, Berliner Cohen, 10 Almaden Avenue: · Said that there are three area of consideration: enforceability, Conditions of Approval and the CEQA analysis. · Said that the number of people in the building must be counted, not just cars. · Added that should the City seek to inspect the building, entry could be denied by Dr. Wong or Dr. Walker. · Asked for the added Condition that entry be allowed by the City to verify compliance. · Objected to findings 1, 6 and 7. · Suggested that a parking study was needed that objectively can determine parking needs for these uses. Added that a parking study was required when the CEQA review was done for the site. · Advised that Dr. Wong is already using off-site parking with staff parking vehicles at the Exxon Service Station. Commissioner Doorley asked Ms. Houston what her involvement is in this matter. Ms. Jolie Houston replied that she is the attomey for the Follmars. Commissioner Doorley asked if Ms. Houston participated in the meeting on Monday, September 11th. Planning Commission Minutes of September 12, 2000 Page 22 Ms. Jolie Houston replied that she was in attendance. Commissioner Doorley asked whether Ms. Houston found the mediation process to be acceptable. Ms. Jolie Houston: · Replied "not really." · Added that the parking logs are not accurate since there is parking occurring off site at the Exxon site by employees of the Wongs. · Stated that parking is a problem in this area, an impact that is not going away. · Informed that parking on the street is causing a double parking situation. Commissioner Doorley asked if the mediation process is a mutually agreeable solution. Ms. Sharon Fierro clarified that no mediation process took place. This was simply a meeting with staff acting as a facilitator. Added that staff was unaware of Mr. Guggenheim's interest in the matter or he too would have been invited to this meeting. Commissioner Doorley asked if the problem was simply competing dental practices. Ms. Jolie Houston replied that the problem was truly a parking issue and invited the Commission to ask that same question of the adjacent owners. Dr. Ken Follmar, II: · Advised the Commission that the problem is not a competition in practices. · Added that he and Dr. Walker do different procedures. His is a traditional dental office. · Stated that he feels Dr. Walker is a very qualified young man. Chairperson Gibbons asked Dr. Follmar what issues he has with the proposed modification. Dr. Ken Follmar, II, replied that he was at the public hearing when the building was originally approved. The Commission asked Dr. Wong at that time if he objected to the parking restriction and he stated that he did not. Dr. Wong knew of the restrictions. Chairperson Gibbons asked what part of the language of the proposed amendment causes concern. Dr. Ken Follmar, II, replied the fact that there are no controls. Ms. Deborah Follmar: · Stated that she has been trying to work with the City and is finding the experience frustrating. Planning Commission Minutes of September 12, 2000 Page 23 · Said that after the last Council meeting, she agreed to attend a meeting but wanted to see all of the doctors attend. However, an urgent, last minute meeting was called on Monday, September 11th and neither Dr. Walker nor Dr. Loitz was present, while Dr. Wong was present. · Added that there are still lots of questions. · Stated that she is not happy to change the covenant. · Said that the Wong building is too large. · Added that while Dr. Wong is trying hard right now, she was concerned that they will not continue to try once the change is approved. · Informed that Dr. Wong is having employees park at an Exxon gas station. · Expressed concern over what would occur should that off site parking no longer be available. · Said that there is no viable solution. It is not possible to have offending cars towed as those people need to find their car following extensive dental surgery and get home. Having those cars towed would be unethical. · Advised that she has several properties in Campbell and that she complies with all City requirements. · Added that she recently installed sidewalks at the City's request in front of one of her properties in Campbell. · Asked the Commission to be sure that their action solves the problem now and in the future and that it can be enforced. Commissioner Hemandez expressed his appreciation for Ms. Follmar's comments. Asked if the site could even accommodate the parking for two doctors. Ms. Deborah Follmar replied that there are occasional problems with overflow parking in their lot. Added that her property cannot accommodate the parking needs of adjacent properties. Commissioner Hemandez asked Ms. Follmar if it would be possible to provide evidence in the future of parking infractions. Ms. Deborah Follmar replied that she did not know. Ms. Sharon Fierro: · Advised that she sent the Code Enforcement Officer to the site. A head count was conducted. · Added that if the City is denied access in the future to ensure compliance, she would immediately refer the matter back to the Planning Commission. It is the purview of the Planning Commission to re-evaluate the Conditions of Approval should problems occur. Commissioner Hemandez asked how the parking would be enforced. If a problem comes up, how can it be demonstrated? Planning Commission Minutes of September 12, 2000 Page 24 Ms. Deborah Follmar replied it would be obvious if people visiting the Wong Building park in her lot. Added that having employees of that building parking on the street is causing visibility problems while exiting her property. Mr. RudolfHerz, 1888 White Oaks Road: Stated that he is here to speak on behalf of the local residential neighbors. Added that the parking problem from these commercial properties transfers onto their residential street. · Stated that he read the agreement and does not agree that it is more easily enforced. · Suggested the added language "any violation will make this null and void." · Asked the Commission to "think about us poor property owners." Chairperson Gibbons closed the Public Hearing for Agenda Item No. 9. Commissioner Jones: · Stated that he remembers the original approval at which time concern was expressed by the Commission about the size of the building and the small number of parking spaces. It was made clear to the owner that the site could accommodate only two doctors. · Said that he would not support any Modification to Condition of Approval No. 2. Commissioner Hemandez asked how the determination is made that there is a parking problem. Chairperson Gibbons stated that logs kept by the doctors seemed to indicate that a problem exists. Commissioner Hemandez stated if there are 12 spaces, allowing 12 cars, does that represent 12 people occupying the building at one time? Again asked if a problem exists at this time. Ms. Sharon Fierro: · Replied that the City was called one time with a parking complaint. At that time the Code Enforcement Officer visited the site. That staff member did not notice any violations of the limitation to the number of doctors in the building to two. · Said that it is an unusually large building for the site. · Added that potential problems were the reasoning behind the Condition of Approval limiting the number of doctors on site. · Added that staff can only respond to complaints. · Said that the Walker practice is maintaining parking logs to protect their interests. They ask their clients where they parked to assure that no complaints are generated. · Assured the Commission that she would send staff out to investigate complaints and again clarified that denial of access to the building to verify compliance would result in referral to the Planning Commission. Planning Commission Minutes of September 12, 2000 Page 25 Commissioner Hemandez asked if access can be required. City Attorney William Seligmann advised that access can be required any time they are open for business. Added, that if a surgery is in progress, the operating room could not be entered. Commissioner Hernandez stated that limits to 12 people in the building are even more restrictive than the current Conditions. Commissioner Doorley: · Stating that this is very frustrating and vexing situation. · Added that Council has referred this matter back to the Commission seeking a common sense solution. · Suggested that a common sense solution does not seem to be the focus of the applicant as no attempt has been made to address the adjacent property owners' concerns. · Said that he wished this proposed solution would solve the problem but that he did not believe it would as it was not reached by a consensus. · Advised that it makes more sense to limit the building occupancy to 12 at all times rather than at times in which surgeries are occurring at Dr. Walker's Office. Ms. Sharon Fierro: · Stated that the parking off site at the Exxon station is not a requirement imposed by staff. · Added that the Exxon site is not even located in Campbell but rather San Jose. · Said that the property owner (Dr. Wong) is voluntarily doing this off site parking but it would have to be a formal and permanent arrangement in order to impact parking on the site. Chairperson Gibbons: · Stated that there are two doctors on the first floor who are transitioning a practice in a partnership that finishes in January 2001. · Added that she has no problem not counting the anesthesiologist as a doctor in this situation. · Warned that if this matter comes back, approval for the whole site is at risk. City Attorney William Seligmann advised that this matter would come back only if there is a violation or if the use is creating a nuisance. If so, the Commission can open all Conditions of Approval for consideration. Chairperson Gibbons stated that the applicant (Dr. Walker) has an enormous risk, having spent $500,000 in improving the building for his use. Added that she is not uncomfortable with the enforcement of this amended Condition. Commission Hemandez asked for the time frame should a complaint require Planning Commission review. Planning Commission Minutes of September 12, 2000 Page 26 Ms. Sharon Fierro advised that it would require a 10 day notice of Public Hearing and approximately two weeks to be agendized for the Planning Commission or about 30 days total. Commissioner Lindstrom stated that lots of money was invested in this site and it seems that no parking violations have occurred to date. Commissioner Jones questioned which practice gets what number of spaces from the 12 available. Again stated that the parking restrictions were made perfectly clear when the building was originally approved. Chairperson Gibbons stated that she had no problem with the proposed wording as it is more restrictive than the existing language and represents a solution for the long term. Commissioner Doorley again stated that the limitation should be for 12 people in the building at any given time. Chairperson Gibbons stated that that is not realistic and does not take into account multiple people arriving in one vehicle or people utilizing public transportation such as the bus. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3301 denying a request for a Modification to a previously-approved Site and Architectural Approval to alter a Condition of Approval limiting the number of doctors/dentists using the site to two, on property located at 14419 S. Bascom Avenue (with the City Attorney recommending changes to the Findings as follows) 1. Striking Findings 4 and 5; 2. Modifying Findings 6 and 7 by eliminating the word "not;" 3. Adding an additional Finding that reads: Public testimony indicates that the current use of the site is generating off site parking in excess of the parking available on site; and 4. Adding the words "does not" to the last two Findings. by the following roll call vote: AYES: Doorley, Gibbons, Hernandez, Jones NOES: Lindstrom ABSENT: Francois, Lowe ABSTAIN: None Chairperson Gibbons advised that this decision is final in 10 days, unless appeal in writing to the City Clerk. Chairperson Gibbons adjoumed for a short break at 10:27 p.m. Planning Commission Minutes of September 12, 2000 Page 27 Chairperson Gibbons reconvened the meeting at about 10:35 p.m. Chairperson Gibbons read Agenda Item No. 1 into the record. PLN2000-88/ PLN2000-109 Bragg, D. Public Heating to consider the application of Mr. Don Bragg, on behalf of Prometheus Real Estate Group, for approval of a Planned Development Permit (PLN2000-88) to allow the construction of a 170,000 square foot office building (5 stories), a 210 room hotel (8 stories) and two related parking structures and a Tree Removal Permit (PLN2000-109) to remove approximately 50 trees on property located at 649 Creekside Way in a P-D (Planned Development/Commercial and Public/Semi Public) Zoning District. A Mitigated Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: October 3, 2000. (Continued from the Planning Commission meeting of August 22, 2000.) Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Advised that this project included an Initial Study, conducted by a Consultant and including a Traffic Study. · The proposal is for a PD Permit to allow the construction of a 170,000 office building and a 122,900 square foot hotel. · Advised that a 250 room, first class hotel was approved for the site in 1985 but was not developed. · In December 1998, the applicants initiated a new application but did not go forward. · The project site is located on Creekside Way at the Highway 17 offramp. · Adjacent land uses include two offices towers, formerly the Apple Building now occupied by Zilog and other offices uses. Other surrounding uses include PG&E Power Station and office and retail uses to the north, the Los Gatos Creek Trail and the northbound exit from Highway 17. · The site is zoned PD (Planned Development) and the General Plan Designation is Commercial. · The maximum allowable building height is 75 feet, exclusive of mechanical equipment penthouses for elevator shafts, stairs, etc. · This project has visibility from Highway 17. · The proposed office building will be constructed on the westerly portion of the site. · Advised that a second garage will be constructed later to replace surface parking existing on the site with 328 spaces that serves the two office buildings (Apple Buildings) across the street. There is an agreement between the two properties to provide these 328 parking spaces. · Staff had concerns about the garage design and height and its proximity to the street. Asked the applicant to revise and to provide a more detailed landscape plan. Planning Commission Minutes of September 12, 2000 Page 28 · The applicant was asked to enhance the pedestrian level of the hotel and bring the enhanced plan back to staff. · It is recommended that screening and sound wall designs be returned to SARC for further review. · Advised that an Initial Study was done which studies impacts and developed mitigation measures. Issues studied include: Air Quality (such as dust during construction); Traffic (Hamilton and Bascom Avenues); Storm Water Run Off Issues; the Prevention of Air Pollution and Parking. · Stated that a new signal will be installed at the entrance at Creekside. · The applicant will participate in the future improvements to Creekside Way. · Advised that the City is in negotiations with the Aloha Apartments to extend Creekside/Campisi to the Pruneyard. · Advised that this proposed hotel is a residency hotel where guests stay for extended periods (up to 30 days). The rooms include kitchen facilities. · Stated that the project receives a parking credit due to its proximity to the future Hamilton Avenue Light Rail Station. · Informed that a Condition of Approval requires the applicant to work with the City and Caltrans to improve the landscaping at the future station. · Advised that the comments from VTA have been addressed. · Advised that she had called Larkspur Inn and learned that approximately 10% of their patrons are without a vehicle during their stay. · Stated that Matthew Jue, the City's Traffic Engineer, worked extensively with the applicant and VTA in reviewing this proposal and its traffic impacts to the area. Commissioner Lindstrom asked if this project can be approved prior to the items that require further review by SARC. Ms. Sharon Fierro replied that the project can be approved with items that must be deferred back to SARC for final approval of those issues. Added that staff will work with the applicant. Commissioner Lindstrom presented the Site and Architectural Review Committee report as follows: · SARC is in favor of the project. · Issues still to be worked out include colors, garage architecture, landscaping, hardscaping, fencing, sound walls, retaining walls and screening walls. Chairperson Gibbons reiterated that SARC is overall supportive with the above mentioned areas for additional review. Ms. Sharon Fierro: · Advised that the applicants are asking for a modification to Condition No. 3 regarding the phasing. As written, construction of the hotel would have to begin within one year of Planning Commission Minutes of September 12, 2000 Page 29 approval. The applicants are asking that that deadline be extended to two years from the date of Council approval and for five years construction phasing for the office building. Also asking that the completion deadline be deleted altogether. Stated that the Fire Department has amended their conditions. Staff asked that the Commission act on the Conditions provided and staff will forward the amended Fire requirements on to Council. Commissioner Doorley asked Matthew Jue, Traffic Engineer, whether it was anticipated that the parking structure might end up being used as a Park and Ride lot for the Light Rail System. Added that it would be tempting to do so. Mr. Matthew Jue replied that this station is not designed as a Park and Ride station by VTA. Ms. Sharon Fierro advised that conversations have been had with the owners of Water Tower II with these same concerns with the impact of the Downtown Light Rail Station. Added that there are many ways available to regulate the use of private parking lots, which will have to be evaluated when the Light Rail is actually extended to Campbell. When and if this problem occurs, staff will address it at that time. Chairperson Gibbons asked if there is a requirement to establish a Traffic Management Plan to reduce trips by 10 to 20%. Mr. Matthew Jue admitted that VTA has approached this subject. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 1. Mr. John Moss, Prometheus: Advised that his company holds 600,000 to 700,000 square feet of space in Cupertino and has no parking problem. · Stated that the goal of this project is to turn what is now a "sea of asphalt" into a Class A hotel and office project. · Informed that Prometheus is working with the best building and landscape architects in the country on this project. · Said that they are not seeking any variances to zoning, traffic or environmental standards with this project. · Promised that they plan to focus on the architecture. Mr. Paul Lettieri, Guzzard & Associates, Project Landscape Architect: · Advised that they plan to create an active street scheme with a rich pedestrian scene. It is anticipated that there will be a fair amount of activity in the area. Planning Commission Minutes of September 12, 2000 Page 30 · Said that materials include paving stone, colored concrete, landscaping, a view garden and tree planting. There are lots of existing trees, many of them redwoods, which will be retained. Many 24, 36 and 48-inch boxed trees will also be planted. Mentioned that a fountain will be installed that is flush on the ground. This will allow fire trucks to drive over it if necessary for emergency access. Mr. Kevin Hart, Gensler Architects, Project Architect: · Stated that this is an exciting project which includes three buildings with three types of architecture. Functions include a place to work, stay overnight and park your car. · Advised that the 7-story hotel is the same height as the 5-story office building. · Stated that while garages are necessary evils, it is important to park in a decent place that is easy to use and clear on how to get in and out. Added that these garages are simple not exuberant. · The main features of the project are the hotel and office building not the garages. Chairperson Gibbons stated that the project is a wonderful one for the City of Campbell. Expressed concern about the overall intensity of the development, including elevation differences. Asked Mr. Hart what the elevation differences were and the footprint on the site. Also asked if there are other sites that size in the area. Mr. Kevin Hart replied that there is a 9-foot difference in grade and the footprint is 35,000 square feet. Replied that the Apple buildings across the street have a similar footprint. Chairperson Gibbons: · Stated that the development is too intense for the site. · Expressed concern with having zero property line for both garages. Suggested pulling the garage building from the property line. · Concerned about the phasing and parking during construction. Said that five years to begin construction is too long. Added that while she would prefer a one year approval to start construction, she could support a two year but not a five year deadline. · Stated that a Traffic Management Plan is an important issue which should be considered for a project this size. · Mentioned issues with the layout of the parking stalls not being settled yet as well as the placement of the columns. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 1. Commissioner Jones: · Stated that this project looks nice. · Expressed concern that this project could bring 850 to 1,000 jobs to Campbell and questioned where these people would live with the current housing shortage. · Said that this project is too much. Planning Commission Minutes of September 12, 2000 Page 31 · Asked how many years before the Light Rail actually comes to Campbell. · Reminded that Campbell is only a 6 square mile City. · Said that he has concerns about the magnitude of this project. Commissioner Lindstrom stated that while SARC has some concerns, he would like to see this project go forward. Commissioner Hemandez: · Stated that he likes the project and its architecture. · Added that he found the layout to be fine. · Listed his main concern to be traffic. · Advised that this is the densest traffic area in the City. It is difficult at traffic hours to get through this area and a backup occurs for those attempting to get onto Highway 17. This project will add to that volume. Asked if the area can handle the added traffic without gridlock. Mr. Matthew Jue, Traffic Engineer, advised that the impact of this project was evaluated without taking into consideration the future Light Rail. This area can accept the added traffic without going below a Level E in LOS (Level of Service). Chairperson Gibbons asked what impact Light Rail might have in the area. Mr. Matthew Jue advised that VTA is evaluating that now. Ms. Sharon Fierro asked Mr. Jue whether this project complies with the Congestion Management Plan. Mr. Matthew Jue replied that it does. Ms. Sharon Fierro: · Advised that most traffic in that area is pass through traffic, which should not limit the ability to develop here in town. There must be a balance between jobs and housing. Campbell is the most balanced City in the County. · It has been determined that no significant impacts will result on existing traffic conditions on Hamilton and Creekside. Commissioner Hemandez asked how this project compares to the Campbell Technology Park. Chairperson Gibbons advised that that site is twice the size of this one. Commissioner Hemandez asked how that project has impacted traffic in the area. Planning Commission Minutes of September 12, 2000 Page 32 Ms. Sharon Fierro advised that every impact was mitigated. City Attorney William Seligmann added that the City did adopt a Statement of Overriding Considerations for the Campbell Technology Park. Commissioner Jones asked how many buildings are occupied at the Campbell Technology Park. Ms. Sharon Fierro advised that just one building is now occupied. Commissioner Jones stated that the full effect cannot yet be determined for that area. Ms. Sharon Fierro countered that the Pruneyard is up and running and the newest building is of a comparable size. There has been no significant degradation of traffic in the area as a result. Commissioner Hernandez stated that the original approval for the site was only a hotel. Ms. Sharon Fierro agreed, stating that it was a larger, full-service hotel rather than the current residency-type hotel. Commissioner Doorley stated that, although he has traffic and parking concerns, this is a good project for an odd site. Said that he agreed with the comments made by Commissioner Lindstrom and would support this project. Chairperson Gibbons added that the traffic and parking is generated by the density of this site. Commissioner Hemandez asked Chairperson Gibbons if her concerns were aesthetic or the traffic impacts. Commissioner Gibbons replied her concerns are for both the aesthetics and traffic impacts. Said that they are creating more land than was there with the grade changes to allow them to make more building. Said that she will not support this project. Commissioner Jones said that he agreed with Chairperson Gibbons and will not support this project Commissioner Lindstrom said that he would support the project and reminded the Commission that their action is simply a recommendation to Council for final approval. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Doorley, the Planning Commission took the following action: 1. Adopted a Resolution No. 3302 recommending that Council approve a Mitigated Negative Declaration; and Planning Commission Minutes of September 12, 2000 Page 33 2. Adopted Resolution No. 3303 recommending approval of a Planned Development Permit to allow the construction of a 170,000 square foot office building (5 stories), a 210 room hotel (8 stories) and two related parking structures and a Tree Removal Permit to remove approximately 50 trees on property located at 649 Creekside Avenue, by the following roll call vote: AYES: Doorley,, Hernandez, Lindstrom NOES: Gibbons, Jones ABSENT: Francois, Lowe ABSTAIN: None Chairperson Gibbons advised that this item will be considered by Council at its meeting of October 3, 2000. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented, with the added comments: Thanked the Commissioners for their attendance at the Study Session with Council on the General Plan Update. Advised that the next meeting on September 26, 2000, will include a more in depth review of the Draft General Plan as well as consideration of the Paul Del Grande project. · Advised that the State requires that the Commission make a recommendation to Council on the General Plan Update. This hearing will be held on October 10, 2000. · Council will review the Draft General Plan for adoption on November 6, 2000. ADJOURNMENT The Planning Commission meeting adjourned at 11:53 p.m. to the Planning Commission meeting of September 26, 2000, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. ...~, SUBMITTED BY: APPROVED BY: ATTEST: Corinne A. Shinn, Recording Secretary ' 7 /,L~zabe~ Gibbons, Chair Sharon Fierro, Secretary