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PC Min - 09/26/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 26, 2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 26, 2006, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Alderete and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Bob Alderete Michael Rocha George Doorley Mark Ebner Tom Francois Bob Roseberry Commissioners Absent: Commissioner: Elizabeth Gibbons Staff Present: Community Development Director: Senior Planner: Associate Planner: Planning Intern: Recording Secretary: Sharon Fierro Jackie C. Young Lind Tim J. Haley Daniel Vanwie Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission minutes of September 12, 2006, were approved as submitted. (6-0-1; Commissioner Gibbons was absent) COMMUNICATIONS 1. Letter from VT A regarding Agenda Item #1. 2. Letter regarding Agenda Item #2. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda Modifications or Postponements. Campbell Planning Commission Minutes for September 26, 2006 Page 2 ORAL REQUESTS There were no Oral Requests. PUBLIC HEARINGS *** Chair Alderete advised that he must recuse himself from this item as he resides within 500 feet of the project site. He turned the meeting over to Vice Chair Rocha. Acting Chair Rocha read Agenda Item No. 1 into the record as follows: 1. PLN2005-155 Bragg, D. Public Hearing to consider the application of Mr. Don Bragg, on behalf of Prometheus Real Estate Group, for the Reinstatement and Extension of Approval (PLN2005- 155) of a previously-approved Planned Development Permit (PLN2000-88) for a 170,000 square foot office building (five stories), a 210-room hotel (seven stories) and two related parking structures (six levels) and surface parking accommodating a total of 964 parking spaces and a Tree Removal Permit (PLN200-109) on property owned by Campbell Development Property Associates located at 649 Creekside Way in a PD (Planned Development) Zoning District. A draft Mitigated Negative Declaration has been prepared for this project. Tentative City Council Date: October 17, 2006. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking approval of a Reinstatement and Extension of Approval for a previously approved Planned Development Permit and Tree Removal Permit that Council approved in 2000. The approval was for five years and expired in December 2005. . Described the subject property as being located north of Hwy 17/Hamilton Avenue and Creekside Way. . Reported that the proposal is for a 170,000 square foot office, 210-room hotel and two related parking structures. . Said that the applicant is seeking a five-year extension. Staff is recommending a three-year extension. . Added that this is the same project as originally approved. . Advised that staff asked the applicant to have an updated traffic analysis prepared and the City retained a Traffic Engineer to prepare this updated report. · Informed that staff is recommending that the original Mitigated Negative Declaration be approved with the provided updated traffic analysis. Campbell Planning Commission Minutes for September 26, 2006 Page 3 . Recommended the adoption of a Resolution approving the Reinstatement and Extension of Approval for three years from the expiration date of December 2005. . Said he was available for questions. Commissioner Doorley asked if there have been any changes to the project. Planner Tim J. Haley replied that there have been no changes to the project proposal. He added that staff has had discussions with the hotel developer and expects to receive a revised proposal for the hotel with fewer rooms. He added that at the time of the original approval the Light Rail extension had not yet gone through. The elevated Light Rail is now across from the site. Commissioner Doorley asked how the Light Rail impacts this project and site. Planner Tim J. Haley replied that it does not change the parcel configuration. Commissioner Doorley asked if there would be changes in the office or parking structures. Planner Tim J. Haley replied that there have been no proposals at this time for changes to those structures. Commissioner Ebner asked what the significant traffic impacts have been determined to be as compared to the last Traffic Study. Planner Tim J. Haley said that the Traffic Engineer who prepared the updated study is here as is the City's Traffic Engineer. Traffic in the area has increased but the conclusion reached is that traffic is still at acceptable levels. Acting Chair Rocha asked if the items raised in the letter from VT A were taken into account. Planner Tim J. Haley said that the issue of noise impacts from gates and bells ringing with the operation of Light Rail is more noticeable at grade crossings than at this elevated station. Commissioner Roseberry provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on August 22,2006, and found it to be attractive and well sited. . Said that SARC supported the extension of approval. Acting Chair Rocha opened the Public Hearing for Agenda Item NO.1. Campbell Planning Commission Minutes for September 26, 2006 Page 4 Mr. Bob Alderete, Boardmember, Pruneyard Villas Homeowners Association: . Explained that he had to recuse himself from this item but wants to speak about it in order to plead the case for his HOA, of which he is a boardmember. . Stated the Pruneyard Villas is nearly directly across Highway 17 from this project site. . Reported that he has resided at Pruneyard Villas since 1971. . Said that they now experience about 116 Light Rail passings each day. . Stated that the parking structure constructed at the Pruneyard has had noise impacts on his town home development. There is a lot of ambient noise coming from the free and this project will help deflect that noise back to Pruneyard Villas. . Suggested imposing a condition of approval that requires the pavement finish in these two proposed parking structures akin to the finish used in the City's downtown parking structure. He also proposed the use of some sort of spray on wall treatment to help absorb the sounds from the garage. . Added that supplying double-pane windows might also serve as a mitigation of noise and is a common requirement and could help make a more comfortable transition. Mr. Don Bragg, Applicant: . Said he can address issues raised. . Said that he wants to advocate for a five-year extension because of unknown market conditions for hotels or office projects. . Stated he has less concern about increased provisions for the garage but cautioned that it appears that the noise impacts are a cumulative impact. . Said he would not want to go immediately to buying windows for houses but rather suggested that if problems arise that an acoustical study be done to help identify impacts from this specific project. Commissioner Francois pointed out that a five-year extension would mean that this project would have been approved for a total of 10 years if not constructed by the end of the extension of approval. He said that a three-year extension was more than reasonable. He asked Mr. Don Bragg why he feels that a five-year extension is needed. Mr. Don Bragg said that the reason is market conditions. He pointed out that they are committed to this project and have already bought the steel. He reminded that this is his first request for an extension. Commissioner Francois asked Mr. Don Bragg if he is okay with the noise mitigations in the garage including paving as well as wall and ceiling insulation. Mr. Don Bragg said he was aware of the pavement option but is not so sure about the wall and ceiling acoustical applications. Campbell Planning Commission Minutes for September 26, 2006 Page 5 Acting Chair Rocha: . Pointed out that since this original approval expired in December 2005, with a five-year extension that would result in more like 11 years total. . Added that this project is bottling up traffic that can be applied to other developments in the area. . Said that he needed to be convinced. . Asked staff if the extension date is retroactive to the expiration date. Planner Tim J. Haley advised that the extension would be from the expiration date in December 2005. Acting Chair Rocha closed the Public Hearing for Agenda Item No.1. Commissioner Roseberry: . Said that a couple of comments were raised from the Pruneyard Villas HOA representative. . Added that the pavement issue is quick and easy. It is a solution that can be done. . Stated that the suggested textured finishes for the garages are harder to maintain. . Advised that the curve of the building will help to dissipate sound. . Suggested that double-pane windows are hard to quantify and that an acoustical study would be required to substantiate requiring them. . Said that he believes that the hotel and garage will be constructed pretty quickly. . Said that he is not sure when the office market is going to come back. . Reminded that the clock on this extension would start when the original approval expired. Acting Chair Rocha reminded that the applicant is asking for five years from the Council approval date. Commissioner Roseberry said he has a little heartburn with that idea, otherwise this project is fine. Commissioner Ebner asked if a traffic report would be provided this evening. Mr. Matthew Jue, Campbell Traffic Engineer, explained that Fehr & Peers was contracted to provide this traffic update. Ms. Christianne Choy, Traffic Consultant, Fehr & Peers: . Explained that she prepared the update using more recent counts at a.m. and p.m. peak hours and including newer projects such as Kohl's, Bed, Bath & Campbell Planning Commission Minutes for September 26, 2006 Page 6 Beyond, and the Onyx projects as well. The estimated trips from the proposed hotel and office were included. Traffic lines were estimated. . Concluded that the levels of service (LOS) are considered acceptable both at a.m. and p.m. hours. Acting Chair Rocha asked how exactly acceptable is defined. Ms. Christianne Choy said that the City's standard LOS is Level-D. The Congestion Management Program (CMP) acceptable LOS is Level-E. Four of the five streets studied for this update found LOS of D or better. However, the Hamilton/Highway 17 is a Level E and still considered acceptable. Commissioner Ebner asked if the traffic data is in the packet Ms. Christianne Choy replied yes. Commissioner Ebner said that he avoids the Hamilton/Highway 17 area whenever possible and finds it hard to believe that traffic levels here are acceptable. Commissioner Roseberry pointed out that the LOS coming out of the driveway for this project would be F. Ms. Christianne Choy explained that this level is for an unsignalized driveway. Driveway traffic without benefit of a signal would have to wait to get out and therefore achieves an LOS of F. Planner Tim J. Haley advised that the project would be required to install a signal off the driveway and synchronize the signals. Acting Chair Rocha pointed out that tonight is the only shot the Commission will have on the traffic issue. Commissioner Doorley said that any revisions to the hotel project would offer another shot at this. He asked if the office employees have been projected to use Light Rail. Ms. Christianne Choy said that none of the hotel employees were estimated to use Light Rail. For the office use, the traffic impact was reduced by 3 percent to take Light Rail commuters into account. Commissioner Doorley asked if there was any discount for hotel patrons using Light Rail. Ms. Christianne Choy replied no. Campbell Planning Commission Minutes for September 26, 2006 Page 7 Commissioner Doorley asked if it is assumed that hotel patrons would drive. Ms. Christianne Choy replied correct. Commissioner Ebner asked what the estimates or projections are for accidents. Ms. Christianne Choy said that there are no facts available to do a traffic accident projection. Acting Chair Rocha pointed the staff report that references a shared parking concept with the office using spaces in the day and the hotel at night. Commissioner Francois said he could support an extension for three years but no longer. He said he supports the noise mitigation measures exclusive of requiring the installation of double-pane windows. Acting Chair Rocha asked about the proposal to require an acoustical study. Commissioner Francois said he supports that recommendation. Commissioner Doorley: . Said he agrees with the comments made by Commission Francois. . Stated that there is a difficult traffic situation and potential for noise impacts. . Said that this is a heavily trafficked area. . Cautioned that any project would have traffic impacts. . Reminded that development of this site has been assumed since he has been on the Commission and it is logical to move forward. Commissioner Ebner asked if the traffic signal is conditioned. Planner Tim J. Haley replied, yes, it is in the conditions. Commissioner Ebner said he cannot support a five-year extension but could support a three-year extension with a study of the noise impacts. Acting Chair Rocha said he too supports a three-year extension and said this project needs to move forward. He added that he understands that the proposed hotel will be restructured and brought back to the Commission. City Attorney William Seligmann suggested adding a condition that states, "Applicant shall pay for a noise study, to be conducted by a consultant to the City, and implement any recommended mitigation measures prior to issuance of a Certificate of Occupancy for any building." Campbell Planning Commission Minutes for September 26, 2006 Page 8 Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Francois, the Planning Commission took the following actions: . Adopted Resolution No. 3752 recommending that the City Council accept the draft Mitigated Negative Declaration originally adopted for the Planned Development Permit (PLN2000-88) with the support of the updated Traffic Impact Analysis for the office building, hotel and two parking structures proposed for construction at 649 Creekside Way; and . Adopted Resolution No. 3753 recommending that Council approve the Reinstatement and Extension of Approval (PLN2005-155) of a previously approved Planned Development Permit (PLN2000-88) and Tree Removal Permit (PLN2000-109) to allow the construction of an office building, hotel and two parking structures on property located at 649 Creekside Way, with the requirement for an acoustical study and any recommended upgrades provided as a result of said acoustical study, by the following roll call vote: AYES: Doorley, Ebner, Francois Rocha and Roseberry NOES: None ABSENT: Gibbons ABSTAIN: Alderete Vice Chair Rocha advised that this item would be considered by Council at its meeting of October 17, 2006. *** Chair Alderete returned to the dais. Chair Alderete read Agenda Item No. 2 into the record as follows: 2. PLN2006-23 (ZC) PLN2006-24 (PD) PLN2006-27 (TS) PLN2006-28 (TRP) Black, M. Public Hearing to consider the application of Mr. Mike Black, on behalf of B & C Builders, for a Zone Change (PLN2006-23) from R-2 (Multiple-Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2006-24) allow the construction of six new small-lot single-family homes; a Tentative Subdivision Map (PLN2006-27) to allow the creation of six residential lots and one common lot; and a Tree Removal Permit (PLN2006-28) to allow the removal of four protected trees (35-inch diameter Monterey Pine, 22-inch diameter Oregon Ash, one 14-inch diameter Magnolia and one 20-inch Campbell Planning Commission Minutes for September 26, 2006 Page 9 diameter Magnolia) on property owned by John and Joanne Graffigna located at 1691 & 1711 Bucknall Road in an R-2 (Multiple Family Residential) Zoning District. A Mitigated Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: October 17, 2006. Project Planner: Jackie C. Young Lind, Senior Planner Mr. Daniel Vanwie, Planning Intern, presented the staff report as follows: · Explained that there is currently a single-family residence on the project site that will be demolished. . Described the project location as being on the north side of Bucknall Road. It is surrounded on three sides by single-family residences and a multi-family apartment complex to the north. · Reported that staff has worked with the applicant extensively. The project originally consisted of seven homes but was reduced to six. . Said that the architectural style was revised to a more traditional style with the elements of said style. There are three proposed floor plans (A, B & C) with each consisting of four bedrooms and two baths. The lots average 4,000 square feet. The homes are 26-feet in height and are two-story structures. · Stated that the project site is 7/10 of an acre. The coverage is 41 percent. The landscaping is 39 percent. Paving is 21 percent. The FAR is .58. . Said that the project is traditional with varying rooflines. The exterior uses stucco, siding, stone veneer and concrete roof tiles. The colors are earth tones with richer colors for the shutters. . Explained that a preliminary planting plan includes landscaping along the front on Bucknall Road, along the common driveway, and with screening along the east and west property lines. . Said that four trees would be removed and replaced with 15 24-inch box replacement trees. · Said that three catch basins would be constructed on site to collect storm water. · Added that an eight-inch wide retaining wall would be constructed along the east and west sides of the property. Tree wells would be constructed to protect existing trees. · Said that the General Plan land use designation is Medium-Density Residential, which allows for between 14 and 20 units per gross acre. The density as proposed is nine units per gross acre and is therefore consistent with the General Plan. · Said that the Zoning for the site is currently R-2 (Multi-Family Residential). The applicant is proposing a Zone Change from R-2 to P-D (Planned Development. The PD zoning reduces requirements and allows lots to be 4,000 square feet instead of 6,000. It allows a reduction from the standard 750 square feet of private open space per unit to an average of 620 square feet. Campbell Planning Commission Minutes for September 26, 2006 Page 10 · Said that the proposed parking is exceeding requirements at four spaces per units compared to the 3.5 required. . Said that the Tentative Subdivision Map would create six residential lots and one common lot. Prior to recordation of the Final Map, CC&Rs would have to be drafted and an HOA formed for the maintenance of the common lots and development. . Said that an Initial Study found no significant impacts and provided mitigation measures in the conditions of approval. . Reported that SARC reviewed this project on September 12th. · Recommended that the Planning Commission adopt Resolutions recommending adoption of the Mitigated Negative Declaration, Zone Change, Planned Development Permit, Tentative Subdivision Map and Tree Removal Permit. Advised that the applicant has provided a letter this evening addressing the SARC issues. Chair Alderete told Planning Intern Daniel Vanwie that he did an excellent job on his presentation. Commissioner Rocha presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on September 12, 2006, and was very supportive. · Stated that SARC made some recommendations including the requirement to contact the adjacent property owner to discuss the relocation of the fence, the provision of a detailed plan for the fence, the requirement for obscured glass or use of clearstory windows for the upstairs baths and to identify the proposed vents on the plans. Chair Alderete asked if all issues have been addressed. Commissioner Rocha deferred to staff. Senior Planner Jackie C. Young Lind: · Said that in the letter provided by the applicant this evening, he states he has made efforts to contact the neighbor. · Said that the tree wells and retaining wall along the east property line and a fence detail shows that need to hand dig posts near larger trees. . Said that the issue of bath windows has been addressed and retains privacy for the resident and neighbor. · Said that the mechanical vents are being grouped. The fireplaces are gas and will be vented through exterior walls, as they need a vent rather than a chimney. Chair Alderete asked staff to clarify what a clearstory window is. Campbell Planning Commission Minutes for September 26, 2006 Page 11 Planner Jackie C. Young Lind said that a clearstory means the placement of a window off the floor. At five foot height, it offers daylight as well as privacy by limiting overlooking view into neighboring properties. Chair Alderete opened the Public Hearing for Agenda Item No.2. Mr. Mohammad Khorasani, Bucknall Road: . Said he received public notice of this year. . Stated that he resides at the eight-unit town home development, Pinecrest, and is on the HOA board. . Said that his project is close to this plan. . Added that he has lived here for nine years. . Pointed out that there are three schools with lots of traffic. . Said that there have been accidents at Weston and Fulton. . Said that noise from traffic is a big concern for his neighborhood. . Pointed out that there are more new single-family houses under construction at Fulton and Bucknall. . Stressed the need for traffic safety in his neighborhood. Chair Alderete said that asked Mr. Mohammad Khorasani if his point is that the existing noise and speed of traffic are a bother or is it that he believes that this new project will increase those conditions. Mr. Phil Grincewich, 4420 Bucknall Road: . Said he lives across the street. . Added that he is glad this project is only six units. . Stated his concern as traffic. . Pointed out that there are 14 new homes in the area. . Reported that Harker Academy is down the street. . Recounted that his neighbor could not back out of the driveway yesterday and he has had that same experience. . Said that adding more homes results in impacts. These new owners will have trouble getting out of their driveway. . Questioned the Initial Study's finding of no significant impacts. . Asked if they had sat on his porch to watch the traffic. . Reported that three San Jose traffic cop were positioned at Weston and Bucknall giving out numerous tickets. . Said that there is a bottleneck of traffic from Harker Academy morning and night. . Said that something must be done, as there is a lot of traffic here. Chair Alderete said he appreciates Mr. Phil Grincewich's comments and asked if he has more issues or themes to raise this evening. Campbell Planning Commission Minutes for September 26, 2006 Page 12 Mr. Phil Grincewich said that he set his garbage out this morning and the cans were relocated to a place on the street where the collector had to get out of his truck to empty them so they could park in front of his house. Commissioner Rocha asked Mr. Phil Grincewich if he has ever approached Harker about their traffic impacts. He pointed out that the school is actually located in San Jose. Mr. Phil Grincewich said that this makes it worse. He said he would like to be in Campbell. Commissioner Ebner asked Mr Phil Grincewich if he is concerned over proposed density or traffic and speed. Mr. Phil Grincewich replied the number of homes. Commissioner Ebner asked if Bucknall is used as a way to bypass Campbell Avenue. Mr. Phil Grincewich replied absolutely. He said that it is getting worse every year. He invited the Commissioners to sit on his porch, saying he would get the coffee. Chair Alderete said that Mr. Phil Grincewich's comments would be discussed amongst the Commissioners and staff. Director Sharon Fierro asked Mr. Phil Grincewich to provide contact information so it can be provided to the Police Department for enforcement. Ms. Jaclyn Lewis, 4432 Bucknall Road: . Stated that she has no objection to the project. . Said it would be nice to have developed property there. For the most part, this will be an improvement. . Said that traffic congestion is of concern. . Recounted that Baker School doubled in size this year with about 200 more students. This impact is very obvious. . Reported that she walks her kids to school. It is very scary to cross the street even at the crosswalks or stop signs. She said that stop signs are run on a consistent basis. . Stated that this street is not appropriate for the amount of traffic on it. . Said a traffic study is needed even though the staff report stated that no traffic report was required. She requested that one be done in general, as there are cumulative impacts of all these new projects. . Pointed out that the property to the east of this project site has no sidewalks in front of it. It would be nice to have it paved to be more pedestrian friendly. . Suggesting having it a condition of the project to have that sidewalk filled in. Campbell Planning Commission Minutes for September 26, 2006 Page 13 Mr. Dan Griffin, Owner, 1685 Bucknall Road: . Questioned the potential impacts of a 26-foot high home just five feet from the property line. It seems to tower. . Said if that height cannot be changed, he would suggest the relocation of windows. . Said that the proposed retaining wall sounds odd. . Explained that he has heard nothing about the fence proposal. . Said his property contains the original orchard house that was built in 1948. . Said that it is mostly privacy that he is asking for and is also concerned about potential impacts on trees on his property. Mr. Bob Porter, Resident, 1685 Bucknall Road: . Said that someone came by and dropped off a layout plan and later elevation plans. . Stated he shares the traffic concerns. . Said that Harker School is across the street and one block to the east and everyone wants to get there. . Said that they look at sitting traffic in front of their house every day. Traffic is at a complete stop in both directions morning and afternoon. . Stressed the desire to retain privacy in his home. . Said that there has been no discussion about the fence/tree well concept. . Said that the trees are huge and must be trimmed carefully. . Said that upper story windows overlook his yard. . Explained that when the six houses were constructed on his other side, they only used clearstory windows overlooking his yard. This elevation would have kitchen and bedroom views into his home. . Expressed concern for the length of duration for construction if the homes are to be constructed one at a time rather than all at once. This will result in a longer time with construction impacts. He said he would rather have the homes all built at once. Ms. Mary Carson, 4548 Bucknall Road: . Said that schools have been sold off over the years. . Said that there is no place for kids to go. . Said that traffic in the area started when West Valley went in. . Reported that her daughter was hit by a car in the neighborhood. . Said her car was hit two weeks ago and a neighbor's last week. One driver hit four cars while driving to Harker and just went on their way without stopping. All these were hit and run. . Stated that something needs to be done about this area, as it is a family community. This problem needs to be fixed. Mr. Anthony Ho, Project Designer: Campbell Planning Commission Minutes for September 26, 2006 Page 14 · Said that that the height issue was worked out with the staff planners. The first floor is five feet setback and the second floor is set back seven feet. The plate of the second floor is at 20 feet. Only the ridge is at 26 feet. Chair Alderete asked Mr. Anthony Ho about using clearstory windows. Mr. Anthony Ho replied that the small square windows are bathrooms. These windows can be made smaller and taller to limit views onto neighbors. If they are placed high enough, they do not need to be obscured. However, bedroom windows must also serve as a point of egress. Chair Alderete asked about the proposed retaining wall. Mr. Anthony Ho explained that it runs front to back to hold the soil up to build up the back in order to drain water to the street. Mr. Phil Grincewich, 4420 Bucknall Road: . Recounted that his truck used to get clipped on a regular basis when it was parked on the street. . Supported the suggestion to extend the sidewalk in front of Dan's property. Ms. Francesca Porter, 1685 Bucknall Road, asked for more information on the retaining wall height and proposal for the fence. Commissioner Rocha said it would be a six-foot high fence on a retaining wall up to two-feet high. Ms. Francesca Porter said her concern is the existing trees. Director Sharon Fierro advised that the property line is not the current fence location. It needs to be moved back to the east. Commissioner Roseberry said that it is about four feet off at the back. Mr. Dan Griffin said he is just hearing about the property line issue this evening. He said his wife's family sold this land to the Graffignas. The fencing has been in place since at least 1973. Commissioner Roseberry: . Said that traffic issues concern the Commission too. . Said that an incorrect property line happened to him too and he was surprised. . Explained that properties are defined legally and judges look at defined property lines. . Said that SARC had stressed to the applicant the importance of informing Mr. Dan Griffin about this issue. Campbell Planning Commission Minutes for September 26, 2006 Page 15 City Attorney William Seligmann cautioned that the issue of right to use property on the east side of the fence is not as clear as one might think. He said if the condition is in place for over five years, it could be seen as creating a prescription easement. This is a fact-intensive issue that is not for the Planning Commission to decide. Mr. Dan Griffin might want to speak to counsel. Commissioner Roseberry suggested that Mr. Dan Griffin have his own survey done. Mr. Dan Griffin asked if he could have a copy of the one prepared for the applicant. Planner Jackie C. Young Lind reported that the survey is included in the packet. Mr. Dan Griffin said that this was an elderly woman selling property to her friends next door. He asked if what is being said is that the property line is crooked. It is correct in the front but not at the back. Planner Jackie C. Young Lind replied correct. Chair Alderete told Mr. Dan Griffin that he is sorry that this is a surprise. Mr. Michael Black, Project Applicant: . Apologized to Mr. Dan Griffin. . Reported that he had assumed that Bob Porter was the property owner when he spoke with him. . Said that the previous owners explained that the original fence was perpendicular. Mr. Mohammad Khorasani said it is not clear that there visitor parking on site. Director Sharon Fierro said that the requirement is 3.5 spaces per unit. This development is exceeding that by providing four spaces per unit. There are two garage spaces and two driveway spaces per unit. There is a condition that the CC&Rs must mandate that the garages be retained as available parking for two vehicles. Chair Alderete closed the Public Hearing for Agenda Item NO.2. Commissioner Doorley: . Said that he visited the project site and agrees that traffic is a wreck. . Said that the solution to these traffic issues is a separate issue. It must be a collaborative effort between the cities of Campbell and San Jose as well as Harker Academy. . Pointed out that six units might result in 12 cars. That number will not make the situation better or worse. Campbell Planning Commission Minutes for September 26, 2006 Page 16 . Agreed that traffic needs to be addressed, as it is quite dramatic. Commissioner Ebner: . Said he too is sympathetic about this existing traffic problem but it is pre- existing. . Said that six additional units won't make that much of a difference. . Said that San Jose and Campbell must collectively pursue a solution to the traffic in this neighborhood. Commissioner Francois: . Concurred with Commissioner Doorley. . Agreed that San Jose must be involved in the traffic solution. It must be a collaborative effort. . Said that he travels Bucknall as seldom as possible due to traffic there. There is lots of speed and traffic. . Pointed out that there are two schools in the immediate area and that Baker has just doubled its enrollment. . Reported that he too lives on a busy street (Harriet) and understands the difficulty in backing out of a driveway onto a busy roadway. . Reminded that this is a pre-existing impact. . Stated he would support this project. Commissioner Roseberry: . Agreed with what has been said. . Reported that he lived on busy streets with two-stories next door. . Said he likes this project, it is well thought out. . Recounted that he used to live on Bucknall and it was not a real treat to drive. . Stated he would support this project. Commissioner Rocha: . Stated that Harker Academy needs to be contacted. They have an obligation to be a good neighbor. There is a need for collective awareness. . Reminded that the City of Campbell has no purview over Harker. . Said that this project is well conceived. . Said that he too lives on a busy street and walks his dog in the area. . Stated that it is hard for the Planning Commission to do something when it has no control over it. . Supported the project. Commissioner Francois said that Mr. Anthony Ho has a lot of credibility. He also designed the Onyx project currently under construction on the old Fung Lum site. Commissioner Doorley said he would appreciate staffs thoughts. He wants some sort of action to initiate traffic improvements but does not want to leave it solely up to the neighbors to seek out. Campbell Planning Commission Minutes for September 26, 2006 Page 17 Chair Alderete said he agrees. He asked about the suggested completion of the sidewalk in front of the adjacent property. Director Sharon Fierro said that she would contact the Police Department who will in turn work with San Jose and Harker. She will also get the neighbors involved and do what she can to assist. Chair Alderete said that it is a difficult and complex problem and everyone will have to keep at it. The solution is further down the road. Commissioner Roseberry asked what would trigger the sidewalk completion and who pays for it. Director Sharon Fierro explained that the sidewalk becomes part of the development and the developer pays for its installation as a condition of approval. While it can be required in front of the project site, it cannot be required by this applicant to pay to install it in front of the adjacent property. Commissioner Roseberry asked what would trigger the next property to install said sidewalk. Director Sharon Fierro replied development of that property. Planner Jackie C. Young Lind: . Said that mitigation measures in the Initial Study include maintenance of dust and runoff, cultural resources, geologic condition, noise mitigation measures for construction related noise. . Suggested considering a condition requiring a plan for the fence location with specific details for the tree wells, for construction of fence under the drip line. . Added that the second story bath windows could either be clearstory or obscured. . Reminded that the issue of mechanical vents has been addressed. Commissioner Rocha asked if it were true that one house would be constructed at a time. Commissioner Francois pointed out that they project is required to submit truck routes and asked what enforcement mechanism there would be. Director Sharon Fierro said that the Traffic Engineer reviews the proposal. Likely access for trucks would be off San Tomas Aquino Road with limited hours and scheduled around school drop off and pick up times. Violations are enforced upon substantiated complaint. Campbell Planning Commission Minutes for September 26, 2006 Page 18 Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission took the following actions: . Adopted Resolution No. 3754 recommending that Council approves a Mitigated Negative Declaration for the 1691 & 1711 Bucknall Road Project; . Adopted Resolution No. 3755 recommending that Council approve a Zone Change (PLN2006-23) from R-2 to P-D; . Adopted Resolution No. 3756 recommending that Council approve a Planned Development Permit (PLN2006-24) to allow the construction of six new small-lot single-family residences; . Adopted Resolution 3757 recommending that Council approve a Tentative Subdivision Map (PLN2006-27) to create six residential lots and one common lot; and . Adopted Resolution 3758 recommending the approval of a Tree Removal Permit (PLN2006-28) to allow the removal of four protected trees (one 35-inch diameter Monterey Pine, one 22-inch diameter Oregon Ash and two Magnolias of 14 and 20-inch diameters, with the added conditions; by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Rocha and Roseberry None Gibbons None NOES: ABSENT: ABSTAIN: Chair Alderete advised that this item would go to Council for final action at its meeting of October 17, 2006. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: . Advised that there was no Council meeting since the last Planning Commission meeting took place. . Said that the Planning Commission has four items on its October 10111 agenda. . Reported that the developer of 154 & 160 S. First Street would hold a neighborhood meeting on Thursday, October 5th, at Villa Ragusa. This is the Water Company property that used to be used as a maintenance facility. It is being converted into single-family homes that will be compatible with the residences on First Street. Commissioner Roseberry asked for an update on the Percolation Pond Project on Hacienda. Campbell Planning Commission Minutes for September 26, 2006 Page 19 Director Sharon Fierro advised that sidewalks, curbs and gutters would be installed as well as some landscaping. There will be limits as to what can occur around the ponds. This new open space is being created with Measure B funds. Commissioner Roseberry asked if there would be access to the water line. Director Sharon Fierro replied no. It is deep and would be a hazard if someone fell in. There will be safety measures to prevent access to the water. A walking trail will be in place. This is the first such pond improvement project. The others have not yet been funded. Chair Alderete reminded that another Library meeting would be held on Wednesday, September 27th, at the Library. ADJOURNMENT The Planning Commission meeting adjourned at 9:42 p.m. to the next Regular Planning Commission Meeting of October 10,2006. SUBMITTED BY: nne A. Shinn, Recording Secretary APPROVED BY: ~k-"~ B b Alderete, Chair ~~ ' 'Sharon Fierro, Secretary ATTEST: