PC Min - 06/11/20197:30 P.M.
CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
JUNE 11, 2019
CITY HALL COUNCIL CHAMBERS
TUESDAY
The Planning Commission meeting of June 11, 2019, was called to order at 7:30 p.m., in
the Council Chambers, 70 North First Street, Campbell, California by Chair Rivlin and the
following proceedings were had, to wit:
ROLL CALL
Commissioners Present
Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioners Absent: None
Staff Present:
Community
Development Director:
Senior Planner:
Senior Planner:
Associate Planner:
City Attorney: -
Recording Secretary:
APPROVAL OF MINUTES
Andrew Rivlin
Stuart Ching
Terry Hines
Mike Krey
Maggie Ostrowski
Michael L. Rich
Paul Kermoyan
Daniel Fama
Cindy McCormick
Stephen Rose
William Seligmann
Corinne Shinn
Motion: Upon motion by Commissioner Krey, seconded by Commissioner
Rich, the Planning Commission minutes of the meeting of May 28,
2019, were approved as submitted. (5-0-0-1; Commissioner Ostrowski
abstained)
Campbell Planning Commission Minutes for June 11, 2019 Page 2
COMMUNICATIONS
None
.AGENDA MODIFICATIONS OR POSTPONEMENTS
None
ORAL REQUESTS
Commissioner Hines advised that he might have a conflict of interest for Agenda Item 4
as he resides 900 feet from that location.
Chair Rivlin said that could be discussed and clarified during that specific public hearing.
PUBLIC HEARINGS
Chair Rivlin read Agenda Item No. 1 into the record as follows:
1. PLN2019-36 Public Hearing to consider the application of Ken Chitgar for a Site
(S&A) and Architectural Review Permit (PLN2019-36) to allow the
construction of a new 3,429 square -foot two-story single-family
residence with a 448 sq. ft. attached garage on property located at
1436 Abbott Avenue.' Staff is recommending that this project be
deemed Categorically Exempt Under CEQA. Planning Commission
action final unless appealed in writing to -the City Clerk within 10
calendar days. Project Planner. Stephen Rose, Associate Planner
Mr. Stephen Rose, Associate Planner, provided the staff report.
Chair Rivlin asked if there were questions for staff.
There were none.
Chair Rivlin opened the Public Hearing for Agenda Item No. 1.
Shirley Chappell, Resident on Abbott Avenue:
• Directed a question towards the applicant as to whether they would have in -wall
vacuum system. If so, where would the exhaust pipes be located? She had the same
question in terms of exhaust for the water heater.
• Reported that she had suggested that the air conditioning unit be placed at the back
but they said no.
• Added that she offered to move a tree that the applicant didn't like.
• Stated her desire for a new fence and declared that he (applicant) should pay for it
due to the inconvenience for her during construction of his home.
Campbell Planning Commission Minutes for June 11, 2019 Page 3
Chair Rivlin asked staff to respond to Ms. Chappell's comments.
Planner Stephen Rose:
• Said that the plans don't indicate any exhaust pipes on the side Ms. Chappell is
considering.
• Added that the required setback from a shared property line is three feet. As
proposed it would be set back by 10 feet off the property line.
• Explained that there is no requirement for a fence on a residential property except in a
few certain circumstances such as securing a pool.,
• Advised that consideration of when a fence is replaced and who pays for it are civil
matter questions.
• Clarified that for homes that are located adjacent to commercial or industrial properties
there is a standard fencing requirement to separate the differing uses when the
` commercial use is established at that location.
• Reminded that there is an existing fence that the applicant wants to keep. It is off the
property line in a couple of places.
• Reported that the trees in front that are proposed for removal are messy and are
proposed for removal as a courtesy to the neighbor.
Chair Rivlin restated that the sharing of cost for fence replacement must be decided by
the two residential property owners sharing that fence.
Director Paul Kermoyan:
e -Said that it is a civil matter rather than one for this Planning Commission.
• Clarified that is unless a finding can be made that the lack of adequate fencing
adversely impacts the health, safety or welfare of these properties. If so, the
Commission could elect to condition the replacement of the existing fence. If that
finding cannot be made there is no basis to require that a new fence be installed.
Commissioner Krey provided the Site and Architectural Review Committee report as
follows:
• Stated that SARC was in favor of the project.
• Added that it was considered to be of nice design, with good setbacks, and in line with
the surrounding mass and scale except a bit bigger.
• Reminded that the proposed setback for the air conditioner is far further than Code
requires.
• Said that this is a pretty good project and that there are no privacy impacts.
Chair Rivlin closed the Public Hearing for Agenda Item No. 1.
Commissioner Rich said that he was in favor of this project as proposed.
Commissioner Ching:
• Said he has a similar comment.
• Referenced the tree in front slated for removal and proposed that the applicant be
required to replace that tree with a protected -species tree to ensure its retention into
the future.
Campbell Planning Commission Minutes for June 11, 2019 Page 4
Chair Rivlin said he would support that recommendation
Commissioner Krey said that the tree is being removed at the request of the neighbor and
.it is not in great shape.
Commissioner Ostrowski reminded that the standard for parcels within the STANP (San
Tomas Area Neighborhood Plan) jurisdiction have one tree for every two thousand square
feet of lot size.
Planner Stephen Rose said that the 10 existing trees on this property far exceed the
requirements. He cautioned that there are utilities in the area in question (front yard). ,
Commissioner Ching reminded that the General Plan encourages the retention of existing
trees. Removal of mature trees has an impact on the appearance of the street.
Commissioner Ostrowski said she too supports conditioning the replacement tree be a
protected species as long as its placement is compatible with the surrounding utilities.
Chair Rivlin pointed out that Tree 11 is indicated as a Palm. There are better options to a
Palm and perhaps a protected species.
Commissioner Hines said he supports that recommendation as well.
Commissioner Ostrowski:
Said that this home has a nice design and meets the zoning codes.
Agreed that most of the comments have been addressed.
Supported a motion to include replanting with a protected tree to help meet the City's
tree goals.
Motion: Upon motion of Commissioner Ostrowski, seconded by
Commissioner Ching, the Planning Commission adopted Resolution
No.' 4510 approving a Site and Architectural Review Permit
(PLN2019-36) to allow the construction of a new 3,429 square -foot two-
story 'single-family residence with a 448 sq. ft. attached garage on
property located at 1436 Abbott Avenue, with an additional condition
of approval requiring that a replacement tree for the Albizia tree
being removed 'in the front yard be of a protected -species, by the
following roll call vote:
AYES: Ching, Hines, Krey, Ostrowski, Rich and Rivlin
NOES: None .
ABSENT: None
ABSTAIN: None
Chair Rivlin advised that this action is final unless appealed in writing to the City Clerk
within 10 calendar days.
Campbell Planning Commission Minutes for June 11, 2019 Page 5
Chair Rivlin read Agenda Item No. 2 into the record as follows:
2. PLN2019-20 Public Hearing to consider the application of Mike Ma for a Site and
(S&A) Architectural Review Permit (PLN2019-20) to allow for the
construction of a 3,477 sq. ft. single -story single-family residence with
a 647 sq. ft. attached garage on, property located at 804 Emory
Avenue. Staff is recommending that this project be deemed
Categorically Exempt Under CEQA. Planning Commission action
final unless appealed in writing to the City Clerk within 10 calendar
days. Project Planner: Stephen Rose, Associate Planner
Mr. Stephen -Rose, Associate Planner, provided the staff report.
Chair Rivlin asked if there were questions for staff.
Chair Rivlin asked if there are any objections to three -car garages contained within the
San Tomas Area Neighborhood Plan (STANP).
Planner Stephen Rose said that the garage frontage should be less than fifty percent of
the home's frontage and 'the front door entrance should be the dominant feature. .
Commissioner Krey provided the Site and Architectural Review Committee report as
follows: J
• Reported that SARC was pretty favorable about this project and found it to have a nice
design. The setbacks are fine. There are a couple of nice trees albeit not of protected
species.
• Added that the applicant has saved one of the trees.
• Concluded that this is a pretty solid project.
Chair Rivlin asked if staff could confirm the tree.
Planner Stephen Rose replied yes. It's ,an Elm and is in the front to the left.
Chair Rivlin opened the Public Hearing for Agenda Item No. 2.
Audrey Kiehtreiber, Resident on Walnut Drive:
• Advised that she is the President of STAAC (San Tomas Area Community Coalition).
• Stated, that this is a great project and the applicant has made changes as requested
by SARC including adding more articulation.
• Admitted that while the area usually doesn't like three -car garages the applicant has
worked to integrate his into his design and this will be a great new home.
Chair Rivlin closed the Public Hearing for Agenda Item No. 2.
Commissioner Hines stated his appreciation for the applicant's work with the community -
and receiving their feedback.
Campbell Planning Commission Minutes for June 11, 2019 Page 6
Commissioner Ostrowski said she echoes the comments of both Audrey Kiehtreiber and
the SARC report and is in support of this project. _
Commissioner Ching said he too agrees and suggested that this applicant, like the first
applicant this evening, be required to replace any trees being removed with a protect -
species tree on a one -for -one basis. Remove one tree and plant one protected -species
tree. Remove two trees and plant two protected -species trees.
Chair Rivlin said he supports the suggestion that if two trees are removed they should be
replaced with two protected -species trees.
Planner Stephen Rose pointed out that this is a larger lot zoned R-1-16.
Commissioner Ching asked whether an application process would be required if the
applicant chooses to remove the retained tree in the future.
Planner Stephen Rose replied yes.
Chair Rivlin asked if the retained tree can be cut down later.
Planner Stephen Rose explained that to do so would be a violation of the conditions of
approval as the retained tree becomes a part of the approved site plan. .
Chair Rivlin suggested letting the applicant remove both trees and replace them with two
new protected -species trees.
Commissioner Ching suggested adding into the conditions of approval that in the event
the second tree (retained as part of this project approval) is to be removed later, the
owner will be required to replace that tree with a protected -species tree at that time.
Director Paul Kermoyan restated Commissioner Ching's suggestion that it is the
expectation of the Planning Commission that if the retained tree is to be removed at a
later date, that tree must be replaced with a protected -species tree.
Chair Riviin asked what if both are removed during construction? If both are removed
during construction would only one replacement tree be required?
Planner Stephen Rose replied yes.
Chair Rivlin said he prefers requiring two replacement\trees if two trees are removed.
Commissioner Krey said that key question seems to be requiring the replanting of a
protected -species -tree when non -protected trees are being removed. He reminded that
power lines in the immediate -area are an existing issue with the existing trees.
Chair Rivlin pointed out that Bedroom 2 has its own bath but it is a half bath with just a
sink and toilet. That seems weird. `
Campbell Planning Commission Minutes for June 11„ 2019
Page 7
Commissioner Ostrowski said she had noticed that as well but believes that issue (interior
floor plan) is not within the Commission's purview.
Commissioner Rich asked what their concerns are with that half bath attached to a
bedroom.
Commissioner Ostrowski said it is atypical. It's more like a guest bath/power room than a
bathroom connected to a bedroom.
Chair Rivlin said this is their prerogative. He said he has no problem with the fact that the
half -bath for Bedroom 2 includes no bath or shower. It's just unusual.
Director Paul Kermoyan reported that there is nothing in the Code to prevent having a
bathroom with every bedroom. However, if the floor plan looks like it is being set up as
multiple individual units, staff would call that out.
Planner Stephen Rose said he understands this will be a multi -generational home but the
applicant or architect could provide more information.
Chair Rivlin said he likes the home's architecture and is supportive of this project with the
added tree conditions.
Commissioner Hines pointed out that this parcel requires 12 trees and currently only have
about seven trees.
Director Paul Kermoyan reported that regarding the two trees currently in the front yard, if
they remove one there is no condition for replanting. However, if they remove both that's
when replanting is required.
Chair Rivlin said that this property has .always had two trees in front and as such they
should keep two trees in front.
Motion: Upon motion of Commissioner Ching, seconded by Commissioner
Krey, the Planning Commission adopted Resolution No. 4511
approving a Site and Architectural Review Permit Site and
Architectural Review Permit (PLN2019-20) to allow for the construction
of a 3,477 sq. ft. single -story single-family residence with a 647 sq. ft.
attached garage on property located at 804 Emory Avenue, with the
requirement that if the two front yard trees (one or both) is removed
they shall be replaced on a one -for -one basis with the placement of
protected -species tree(s) as approved by the Community
Development Director, by the following roll call vote.
AYES: Ching, Hines, Krey and Rivlin
NOES: Rich and Ostrowski
ABSENT: None
ABSTAIN: None
Campbell Planning Commission Minutes for June 11, 2019 Page 8
Chair Riviin advised that this action is final unless appealed in writing to the City Clerk
within 10 calendar days.
Chair Riviin read Agenda Item No. 3 into the record as follows:
3. PLN2019-44 Public Hearing to consider the application of FirstElement Fuel
(MOD) for a Modification (PLN2019-44) to a previously approved
Conditional Use Permit (PLN2017-123) to allow separation of
an approved project (service station/convenience store remodel
and new hydrogen fueling facility) into two phases, on property
located at 337 E. Hamilton Avenue. Staff is recommending
that this project be deemed Categorically Exempt Under CEQA.
Planning Commission action final unless appealed in writing to
the City Clerk within 10 calendar days. Project Planner. Daniel
Fama, Senior Planner
Mr. Daniel Fama,'Senior Planner, provided the staff report.
Chair Riviin asked if there were any questions for staff.
Commissioner Ostrowski asked if there are any changes from the previous approval other
than the proposed phasing of the project.
Planner Daniel Fama said no except for the transition' of one gas pump into a propane
pump.
Commissioner Krey asked if there is any downside to a two-phase project such as
inconvenience of construction duration with the project split into two times.
Planner Daniel Fama said, that the applicants had voluntarily merged their two separate
project aspects into one project during their original submittal.
Chair Rivlin.asked if there is any negative impact on the City. Do they pay additional
fees?
Planner Daniel Fama replied yes. There are additional Planning and Building fees
imposed with the separation of this project into two phases.
Chair Rivlin opened the Public Hearing for Agenda Item No. 3.
Dr. Shane Stephens, Applicant, FirstElement:
• Thanked staff and the Planning Commission for their consideration. .
• Pointed out that they are two separate businesses — the gasoline service station and
the hydrogen fueling station.
• Reported that his business is dependent on grant money from the State and there are
strict timelines that must be met to retain those grants.
Campbell Planning Commission Minutes for June 11, 2019 Page 9
• Extended his thanks to staff for coming up with a solution.
Chair Rivlin closed the Public Hearing for Agenda Item No. 3.
Motion: Upon motion of Commissioner Krey; seconded by Commissioner
Ostrowski, the Planning Commission adopted Resolution No. 4512
approving Modification (PLN2019-44) to a previously approved
Conditional Use Permit (PLN2017-123)' to allow separation of an
approved project (service station/convenience store remodel and new
hydrogen fueling facility) into two phases, on property located at 337 E.
Hamilton Avenue, by the following roll call vote.
AYES: Ching, Hines, Krey, Ostrowski, Rich and Rivlin
NOES: None
ABSENT: None
ABSTAIN: None
Chair Rivlin advised that this action is final unless appealed in writing to the City Clerk
within 10 calendar days.
Chair Rivlin read Agenda Item No. 4 into the record as follows:
4. PLN2018-295 Public Hearing to consider the application of Jeffrey Eaton for a
(CUP) Conditional Use Permit (PLN2018-295) with Site and
PLN2018-297 Architectural Review to allow for the conversion of a residence
(VAR) into an office building, a 117 square -foot addition to the
converted office building, construction of a new 2,417 square -
foot storage building, increase in fence height, changes to site
circulation and onsite parking, and a Variance (PLN2018-297) to
allow for a reduction in landscaping requirements and driveway
width onsite on property located at 920 S. McGlincy Lane. Staff
is recommending that this project be deemed Categorically
Exempt Under CEQA. Planning Commission action final unless
appealed in writing to the City Clerk within 10 calendar days.
Project Planner. Stephen Rose, Associate Planner
Mr. Stephen Rose, Associate Planner, provided the staff report.
Chair Rivlin disclosed that he previously worked with the applicant on a project in 2017.
He's no longer with the company he,then worked at. He asked the City Attorney if this
represents and sort of a conflict in his participation in this item.
City Attorney William Seligman advised this does not serve as any sort of a conflict for
him to participate in this item
Commissioner Rich asked if there have been any complaints.
Campbell Planning Commission Minutes,for June 11, 2619 Page 10
Planner Stephen Rose advised that one neighbor expressed their happiness with the
efforts of these new owners to clean up this property. .
Commissioner Hines asked how the proposed landscaping is ,assured to be maintained
rather than allowed to die off.
Planner Stephen Rose: }
• . Said that landscaping maintenance is subject to Code Enforcement of the conditions
of approval.
• Added that staff is proposing modification to Condition 14 to allow this business to
park their marked company vehicles on site overnight but allowing no other type of
outdoor storage..
Commissioner Krey provided the Site and Architectural, Review Committee report as
follows:
• Said that. SARC was fine with the conversion of this former house into an office
building.
• Pointed out that there is a residence behind this site.
• Reported that this applicant complied with SARC requirements including a new tree in
back and some additional landscaping at the front.
• Added that the applicant will provide an outdoor space for their approximately four
employees including a picnic table and place to relax.
Chair Rivlin opened the Public'Hearing for Agenda Item No. 4.
Jeffrey Eaton, Project Architect:
• Extended his thanks to staff for helping to cut through any red tape.,
• Said that Planner Stephen Rose has diligently worked on this project and is great at
making things make sense.
• Explained that to one side, there is a bus yard. To the other side is a dated industrial
site.
• Stated that their proposed landscaping will provide a larger buffer for the frontage as
well as at the rear that abuts to residential uses behind their site.
• Advised he would be available for any questions.
Chair Rivlin thanked Mr. Jeffrey Eaton for working with Planner Stephen Rose on this
proposal.
Chair Rivlin closed the Public Hearing for Agenda 'Item No. 4.
Commissioner Rich said he was in favor of this proposal as is with a modification to
Condition 14 to allow the parking of marked, vehicles on site overnight while no other
outdoor storage being allowed.
Commissioner Hines offered recognition of the applicant's efforts for landscaping at the
back of the property to help buffer it from their residential back neighbors. Asked staff
what is "the value to the City" with this project?
Campbell Planning Commission Minutes for June 11, 2019 Page 11
Planner Stephen Rose replied that this project helps to resolve an active code
enforcement case by converting this residence located within an industrial zone into an
office building to support an industrial use. Other;than that, three is no financial benefit.
Commissioner Ching said he supports Commissioner Rich's recommendation to strike a
portion of Condition 14 to allow overnight parking of marked vehicles in their parking lot
but no other type of outdoor storage being allowed.
Chair Rivlin said he is generally supportive. This project makes sense and helps resolve
a code enforcement issue. It also keeps a business in Campbell.
Motion: Upon motion of Commissioner Ostrowski, seconded by
Commissioner Ching, the Planning Commission adopted Resolution
No. 4513 approving a Conditional Use Permit (PLN2018-295) with Site
and Architectural Review to allow for the conversion of a residence
into an .office building, a 117 square -foot addition to the converted
office building, construction of a new 2,417 square -foot storage
building, increase in fence height, changes to site circulation and
onsite parking, and a Variance (PLN2018-297) to allow for a reduction
in landscaping requirements and driveway width onsite on property
located at 920 S. McGlincy Lane, with the modification to Condition
14 to allow marked vehicles to remain in the parking lot but with no
other outside storage being allowed, by the following roll call vote.
AYES: Ching, Hines, Krey, Ostrowski, Rich and Rivlin
NOES: None
ABSENT: None
ABSTAIN: None
Chair Rivlin advised that this action is final unless appealed in writing to the City Clerk
within 10 calendar days.
Chair Rivlin read Agenda Item No. 5 into the record as follows:
5 PLN2018-148 Public Hearing to accept comments from interested public
(CEQA) agencies, organizations, and individuals on the adequacy of
the project -level Draft Environmental Impact Report (DEIR)
prepared for the proposed Dell Avenue Office Building on
property located at 1700 Dell Avenue. The proposed project
would redevelop the project site with a 161,870-square-foot
4-story office building, a 146,478-square-foot 57story parking
garage with one level of underground parking, a
9,511-square-foot public open space area, and related
surface parking, landscaping, and site improvements. The
proposed project would also require a Zoning Map
Amendment to rezone the property from Controlled
Manufacturing (C-M) to Planned Development (P-D). Project
Campbell Planning Commission Minutes for June 11, 2019 Page 12
Planner: Cindy McCormick, Senior Planner
Ms. Cindy McCormick, Senior Planner, provided an introduction and turned the report
over to the environmental consultant, Steve Noack, from Placeworks, who is here this
evening the Mark Spenser, the consulting traffic engineer, from M-Trans.
'Mr Steve Noack:
• Provided an overview of what an EIR (Environmental Impact Report) is.
• Described an EIR as an informational document that discloses information on impacts
on the environment and provides mitigations.
• Added that an EIR gives alternatives to the proposed project.
• Reported than an EIR must be certified before a project can be approved.
• Described the process as including:
o A scoping period
o A 45-day public review period that allows the public and agencies to provide
comments or concerns.
o Advised that they would not be responding to questions this evening until the
final EIR is prepared.
o Stated that they look at a full range of topics including aesthetics, air quality,
biological resources, cultural resources, tribal cultural resources, geology and
soils, greenhouse gases, hydrology and water quality, land use and planning,
noise, population and housing, etc.
o Advised that there are potential impacts for categories including air quality,
biological resources, cultural resources, tribal cultural resources, hazardous
and noise.
o Reported that transportation impacts cannot be fully mitigated.
• Described three alternatives they have placed in the DEIR.
o No Project Alternative
o Existing Zoning Alternative
o Reduced Intensity Alternative
• Said that there will be a Mitigation Monitoring and Reporting Program that outlines
who, when and how mitigations will be monitored.
• Explained that the most impact will be during construction via dust and exhaust.
Mitigations will include use of "best management practices" to reach a level of "less
than significant."
• Stated that impacts under biological resources include the potential for interference
with nesting and/or flying birds. The recommended mitigations include modifications
to the design to help reduce risk of bird strikes against the new building.
• Reported that under Cultural Resources, there is potential for discovering human
remains and/or archeological artifacts. The same potential exists to discover artifacts
associated with Tribal Cultural Resources.
• Said that as to Hazards/Hazardous Materials, there is possibility of locating asbestos
which would have to be properly abated if found.
• Said that noise impacts would likely be from construction and those impacts would be -
mitigated using notification and best practices.
Campbell Planning Commission Minutes for June 11, 2019 Page 13
• Explained that as to Transportation the intersection at San Tomas Expressway and
Highway 17 southbound ramps is rated as "unacceptable" and as having an
unavoidable significant impact with or without the project.
• Explained that the southbound SR 85 freeway segment from Saratoga Avenue to
Winchester Boulevard is also rated as unacceptable with the project.
• Advised that this off -ramp is under Caltrans' jurisdiction and the San Tomas
Expressway intersection is operated by the County, not the City.
• Advised that these improvements are not a part of existing planned Measure B
projects and that a fair share contribution cannot be calculated since the cost for the
unfunded improvement is not known.
• Stated that the next steps include the conclusion of the public comment period on
June 12th (day after this meeting). Responses to all questions/comments received
from the public and from agencies (including any on comment cards and provided
orally at this meeting) will be included within the final Environmental Impact Report
(EIR). The Planning Commission will consider the final EIR later this year.
• Concluded that comments can continue to be forwarded to Planner Cindy McCormick
by email at cindymAcityofcampbell.com or by regular mail at Community
Development Department, 70 N. First Street, Campbell, CA 95008, until the end of
day on June 12th to be included together with a response as a part of the final EIR.
Chair Rivlin asked if the Commission can ask questions about mitigations or
environmental impacts.
Director Paul Kermoyan suggested they state their questions in order to have answers
included within the final EIR.
Chair Rivlin disclosed that representatives from the Santa Clara County Audubon Society
spoke with him recently about this project.
Commissioner Rich:
• Questioned the proposed parking count of 736 and asked what parking is there
currently to serve the 318 employees working on this site.
• Asked when this project itself would be coming before the Planning Commission.
Steve Noack replied that the timing will depend upon the volume of comments that will
require response. They anticipate about four weeks preparing the written responses to
questions. Therefore it will likely be into the Fall.
Commissioner Rich questioned how it was determined that reducing the size of the
building to 60 percent is the preferred alternative? There are currently 318 employees.
Steve Noack said that reducing the intensity of the building on this site to 60 percent.
would achieve a reduction to transportation impacts.
Commissioner Rich asked to clarify that a new project accommodating the same number
of employees is not enough to reduce project impacts.
Steve Noack replied correct.
Campbell Planning Commission Minutes for June 11, 2019 Page 14
Commissioner Rich said that only PM peak hours are impacted but not AM peak hours
and asked why not both?
Mark Spencer, Consulting Traffic Engineer, W-Trans:
• Replied that it is related to the directionality of traffic from Highway 85 and,the volume
of traffic that the project adds.
Commissioner Rich:
• Pointed out that the PM impact from Highway 85 going south would be reduced from
an "E" to,an "F" with this project.
• Added that that grade reduction for PM traffic does not .occur from Highway 85 going
north.
• Said that the report also indicates no grade reduction in AM peak going both north and
southbound.
• Reiterated that there are 736 parking spaces now and that is the number of spaces
proposed with this new building.
Chair Rivlin:
• Indicated that southbound Highway 17 is not accessible from Winchester Boulevard
and therefore questioned the southbound PM counts for employees leaving in the
evening.
• Asked about the maximum capacity of the new building.
Planner Cindy McCormick: I
• Said that the site building size is limited by the parking that can be provided. Parking
is based upon the square footage of the building.
• Added that the Building and Fire Codes determine the building occupancy.
Commissioner Ching said he doesn't understand the reduced impact alternative.
Steve Noack:
• Explained that the. goal of the EIR is to offer alternatives to a, project that could reduce
identified impacts resulting from that project.
• Added that the alternative(s) offer a hypothetical analysis of what mitigations would be
required to achieve a reduction of related traffic and/or other project impacts.
Commissioner Ching reminded that the Vasona Light Rail System has plans for two
additional stations going toward Los Gatos. What is the -timing for that?
r
Mark Spencer:
• Pointed that that this question always comes up.
• Reported that the extension is currently not funded so its completion date is uncertain.
• Added that his analysis cannot assume it's going to happen. He hopes that at some
point that uncertainty will change.
Campbell Planning Commission Minutes for June 11, 2019 Page 15
Commissioner Ching said he read recently that it would be approximately 20 years. He
asked if we could even consider it or discount it.
Mark Spencer:
• Said it is `best to keep in in the document. Including it keeps the pressure on this long-
term regional effort.
• Cautioned that if it were to be ignored altogether VTA gets the message that the
expansion is losing steam. in the region. It is a qualitative speculative project.
Commissioner Krey asked whether having significant and unavoidable impacts usual or
unusual.
Mark Spencer, Traffic Consultant; responded that it is not that unusual.
Commissioner Krey stated that traffic projections considered five projects currently
approved and/or already under construction and asked if the EIR looked at -build -out of
the entire Dell area.
Mark Spencer, Traffic Consultant, replied that potential development of the Dell area is
not within the scope of this EIR analysis; however, the EIR did consider the General Plan
build -out. He stated that the EIR considers the "known" environment.
Commissioner Krey referenced "figures" from pages 413-56 and 413-54 and asked the
consultant to double check the 1 percent estimate for Hacienda.
Mark Spencer, Traffic Consultant, said those are provided for informational and
operational purposes.
Commissioner Krey asked about the potential for impacts on scenic vista views.
Director Paul Kermoyan cautioned that this is getting into the environmental realm.
Chair Rivlin instructed the Commission to direct their questions -to the EIR itself.
Commissioner Hines:
• Referenced Figure 3.1 and pointed out that it doesn't yet include the annexation of the
Campbell Village Area.
• Asked if there would be impacts on the pathway to access .the Los Gatos Creek Trail.
• Suggested the need for a written, description of how the proposed green space area
on site would be used.
Chair Rivlin opened the Public Hearing for Agenda Item No. 5.
Dashell Leeds, Representing the Santa Clara Valley Audubon Society (SCAVAS):
• Reported that he distributed a letter from SCAVAS this evening.
• Declared that the Draft EIR is inadequate in providing mitigation for nesting birds. The
EIR should reflect bird behavior.
Campbell Planning Commission Minutes for June 11, 2019 Page 16
• Opined that a 14-day window is inadequate. The EIR needs to consider the time that it
takes the birds to build their nest.
• Referenced "glass" under Bio4-B. Clear glass on a tall building is a serious hazard for
birds. While the birds can see through glass, they don't know the danger of glass and
fly into it.
• Proposed that 90 percent of the fagade should "not" be glass and the part of the
building that is glass should be mitigated by design with external screens.
• Stated that it is not clear how light (both indoors and outdoors) will be mitigated
appropriately.
• Stated that interior lights create impacts on the riparian corridor (LG Creek Trail).
Therefore interior lights should be significantly improved and mitigated perhaps
through the use of external shades or blinds used after 10 p.m.
Sean Marciniak, Attorney for Applicant:
• Stated that he would be happy to work with the local Audubon Society.
• Added that he will take recommendations from the consultants.
• Cautioned that CEQA requires the alternatives to be feasible in meeting project
objectives; however, the alternative project included within the DEIR may not be
feasible since it requires a smaller building than currently exists and it does not meet
the project objectives, as provided by the applicant.
• Asked that the consultant work with the applicant to revise the project objectives.
• Said that he submitted a letter to Planner Cindy McCormick and apologized for its late
arrival.
• Reported that they have been contacted by a "marquee office campus" that may have
interest in this location. He can't disclose who that might be at this time.
• Presented the findings from the office development market study prepared for the
applicant by bae Urban Economics, which indicates that a viable office campus should
be 150,000 square feet. He indicated that these findings should bear on the feasibility
of the alternatives.
• Concluded that he is available for any questions. -
Audrey Kiehtreiber, Resident on Walnut:
• Raised questions about several pages worth of comments submitted on July 21, 2018
that include 17 questions about the DEIR including a 60 percent less option.
• Pointed out that this project is proposed at a 60-foot height with a 15-foot mechanical
screen above for a total of a 75-foot height.
• Added that the current lot zoning .has a 45-foot maximum height.
• Said that there has been no response to some of their 17 questions regarding
groundwater recharge stations.
• Reminded that Santa Clara Valley Water District was opposed to the Dell Avenue
Area Plan.
• Stated that an underground garage requires drainage systems that do not drain out
into Los Gatos Creek.
• Questioned what effect potential pollutants might have on ground water..
• Pointed out that runoff pollution includes cleaning materials and fertilizers.
• Reiterated that this site is next to a riparian corridor.
Campbell Planning Commission Minutes for June 11, 2019 Page 17
• Suggested a shadow study to determine any impact on wildlife and the Los Gatos
Creek Trail.
• Cautioned that the proposed park could serve as an attractive nuisance for homeless
or transient populations.
• Reminded that the City of Campbell flooded 70 years ago.
• Pointed out that this project will set the standard for this area for future projects. It
requires a big effort on the part of the City going forward.
Ron Naymark, Dell Avenue Property Owner:
• Reported that he built this building (1700 Dell Avenue) in 1974-75 and was an
employee there for 11 years and is therefore very familiar with the site.
• Added that he is the. current owner of 1671 Dell Avenue, which is kitty corner from the
project site.
• Said that lots of theoretical problems have been raised.
• Stated that he has been watching birds in this area for 50 years now. The amount of.
nesting is minimal. There are a lot of geese walking in our parking lot. There is a
comfortable co -existence between the geese and people.'
• Pointed out that what is proposed will not create a significant change from what goes
on there now.
• Questioned what percentage of building increase would create a negative impact?
• Questioned whether doing nothing is safe.
• Questioned what is the increased risk or impact?
• _Said that the increase is what is important.
• Opined that this project is a fabulous project and that buildings in the area won't
change if the City doesn't allow something beyond what is there now.
• Stated that property owners in our Dell Area are looking to see if something significant
can be made to the other buildings in the area.
• Said that limiting to less than existing use might be fine theoretically but absurd.
Chair Rivlin closed the Public Hearing for Agenda Item No. 5.
Chair Rivlin asked if there are specific topics for the consultants.
Commissioner Hines:
• Stated that he wants to know what the net gain to the City of Campbell would be
between what's there today and what's proposed. More taxes? More revenue?
• Asked if that is a question for the EIR or the project itself.'
Director Paul Kermoyan:
• Said that we don't know.
• Pointed out that the City is very neutral.
• Reminded that this is a speculative building. There will definitely be more property tax
income with the redevelopment of the site:
• Added that we don't know if the use will generate sales tax as it also depends on the
occupant use. It could be an "EBAY" type of business with point of sale.
Commissioner Ching:
Campbell Planning Commission Minutes for June 11, 2019 Page 18
• Restated that traffic issues cannot be mitigated due to regional issues.
• Asked if there might be ways to encourage use of public transportation.
• Suggested that the applicant (future owner) work to move staff from transit stations to
this office building. Is there an effective way to do that?
Planner Cindy McCormick said that the applicant is required to prepare a Transportation
Demand Management Program for this site that incorporates shuttles, bikes and
carpooling.
Director Paul Kermoyan:
• Said the goal is to flush, out environmental issues.
• Gave as an example, "How would the use encourage use of public transit?"
• Said the Commission can help identify what is lacking and what should be addressed
with the issue of transportation.
Commissioner Ostrowski:
• Reiterated her understanding that there are significant traffic issues with this project
that are unavoidable and cannot be mitigated.
• Stated that she would like to see an assessment as to whether City/County
collaboration might help to mitigate issues.
Chair Rivlin:
• Listed several areas of project impacts to consider including: light pollution impacts;
horizon impacts; and aesthetic impacts.
• Asked if the DEIR determined whether the proposed land swap between the applicant
and the City is in the benefit of Campbell.
Planner Cindy McCormick replied that the proposed land swap has been taken off the
table by the applicant. Assess to the Los Gatos Creek Trail will stay where it is.
Commissioner Ching suggested addressing alternatives to use of private cars that go
beyond VTA and suggested looking at examples from otherprojects.
Chair Rivlin asked if the final EIR will address impacts to the Dell Avenue Area.
Commissioner Krey:
• Said that this project will set the tone for this area.
• Asked if the EIR will address why this project deserves more density than any other
redevelopment on Dell Avenue.
Chair Rivlin pointed out that only Commissioner Rich was serving on the Planning
Commission when the Dell Avenue Area Plan (DAAP) was reviewed. The rest of us were
not.
Director Paul Kermoyan:
• Agreed that how we discuss this project impacts the entirety of the Dell Avenue area.
• Said that will be a part of the project discussion.
Campbell Planning Commission Minutes for June 11, 2019 Page 19
• Stated that the Dell Avenue area is so developed now that there will be impact with
any shovel that goes into the ground there.
• Advised that this is a philosophical land use issue.
• Added that good questions have been asked.
• Admitted that he knew that this project needed to have an Environmental Review
Report prepared.
• Said that even a conforming project is not exempt from CEQA (California
Environmental Quality Act) review.
Commissioner Ching suggested that case studies and solutions be found.
Chair Rivlin encouraged the Commission to email or call Planner Cindy McCormick if
they'd like to, offer further feedback.
Planner Cindy McCormick said she'd prefer email or letter comments but is also happy to
meet with any Commissioner.
Commissioner Hines.thanked the staff, applicants and consultants for their work.
Chair Rivlin advised that this project would be brought forward to the Planning
Commission at a date uncertain.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Kermoyan made the following comments about his written report as follows:
• Advised that Monday, June 17t", the City Council will interview three candidates in
consideration for appointment to the Planning Commission to fill the currently vacant
short-term seat expiring in August 2020:
• Added that Commissioner Ching's term expires in August and a recruitment process
will occur as overseen by the City Clerk. If interested, Commissioner' Ching is eligible
to re -apply for another term.
ADJOURNMENT
The Planning Commissio ting adjourned at 10:10 p.m. to the next Regular Planning
Commission Meeting o Ane , 2019.
SUBMITTED BY: ( ,(//
Corinneyfhinn, Recording Secretary
APPROVED BY:
ATTEST:
Paul Kerm
, Chair