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PC Min - 10/23/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 23, 2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 23,2007, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Rocha and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Michael Rocha Bob Roseberry Bob Alderete George Doorley Mark Ebner Commissioners Absent: Commissioner: Elizabeth Gibbons (left meeting at 7:35 p.m.) Staff Present: Acting Director: Planer II: Planner I: Acting City Attorney: Recording Secretary: Jackie C. Young Lind Kim Brosseau Steve Prosser Kirsten Powell Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Roseberry, the Planning Commission minutes of the meeting of October 9, 2007, were approved. (6-0) COMMUNICATIONS 1. Corrected page 1 - staff report for Agenda Item No.3. 2. Letter regarding Agenda Item No.3. Campbell Planning Commission Minutes for October 23, 2007 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** Commissioner Gibbons advised that she has a professional conflict of interest for Agenda Items No.1 and NO.3. She recused herself from the meeting and departed. *** PUBLIC HEARINGS Chair Rocha read Agenda Item No. 1 into the record as follows: 1. PLN2007 -135 Graf, G. Continued Public Hearing (from the Planning Commission meeting of October 9, 2007) to consider the application of Mr. Gaige Graf, on behalf of Round Table Development Company, for a Conditional Use Permit (PLN2007-135) for an on-sale beer and wine license and late night activities in conjunction with a restaurant (Round Table Pizza) on property owned by Green Valley Corporation located at 1400 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. 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: Kimberly A. Brosseau, Planner /I Ms. Kimberly A. Brosseau, Planner II, presented the staff report as follows: . Advised that the applicant is seeking a Conditional Use Permit to allow on-sale beer and wine sales and late night activities in conjunction with a Round Table Pizza to be located at 1400 W. Campbell Avenue. . Reminded that the Commission approved a Site and Architectural Review Permit to allow the remodel of the site earlier this year. Construction has commenced. . Explained that the General Plan Land Use designation is Neighborhood Commercial and the Zoning is C-1-S (Neighborhood Commercial). . Reported that a sign application would be handled separately at a later date. . Suggested that the Commission find this project to be Categorically Exempt under CEQA and adopt a resolution approving this Conditional Use Permit. Commissioner Alderete pointed out that 1400 W. Campbell was initially proposed as a three-tenant building whereas now it will be just two tenants. He asked if both tenants would utilize the same address. Campbell Planning Commission Minutes for October 23, 2007 Page 3 Planner Kimberly A. Brosseau said she was not sure. Commissioner Alderete added that the attorney's letter states that Round Table will be the only tenant. Planner Kimberly A. Brosseau said that the other tenant space may be occupied at a later date. Chair Rocha opened the Public Hearing for Agenda Item No.1. Chair Rocha closed the Public Hearing for Agenda Item No.1. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3844 approving a Conditional Use Permit (PLN2007 -135) for an on-sale beer and wine license and late night activities in conjunction with a restaurant (Round Table Pizza) on property owned by Green Valley Corporation located at 1400 W. Campbell Avenue, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: Gibbons Chair Rocha advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Rocha read Agenda Item No.2 into the record as follows: 2. Staff Initiated Public Hearing to make the Finding that the Santa Clara Valley Water District Capital Improvement Plan is consistent with the City of Campbell's General Plan. Project Planner: Jackie C. Young Lind, Acting Director Ms. Jackie C. Young Lind, Acting Director, presented the staff report as follows: . Informed that the State requires that certain agencies, such as Santa Clara Valley Water District, prepare a five-year Capital Improvement Plan (CIP) that is updated annually. . Added that local agencies are asked to review the CIP for consistency with the local jurisdiction's General Plan. . Explained that within this current SCVWD CIP there are three projects located in Campbell. . Reported that City Engineer reviewed the three projects and found that there would be no significant impact resulting. Campbell Planning Commission Minutes for October 23, 2007 Page 4 . Advised that staff is recommending that the Commission adopt a resolution making the finding for consistency of SCVWD's CIP with the City of Campbell's General Plan. Chair Rocha opened the Public Hearing for Agenda Item No.2. Chair Rocha closed the Public Hearing for Agenda Item No.2. Upon motion of Commissioner Ebner, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3845 making the finding that the Santa Clara Valley Water District Capital Improvement Plan is consistent with the City of Campbell's General Plan. AYES: NOES: ABSENT: ABSTAIN: Motion: Alderete, Doorley, Ebner, Rocha and Roseberry None Gibbons None *** Chair Rocha read Agenda Item No.3 into the record as follows: 3. PLN2007-14 (GP) PLN2006-165 (PO) PLN2007-13 (UP) PLN2007 -146 (TRP) PLN2007 -154 (MSP) Leong, R. Public Hearing to consider the application of Mr. Ryan Leong, on behalf of SRM Development, for a General Plan Amendment (PLN2007-14) from Central Commercial to Medium-Density Residential; a Planned Development Permit (PLN2006-165) to allow the construction of a mixed-use project consisting of 99 senior rental apartment units, 28 non-age-restricted apartment units, a 21-unit dementia unit (convalescent facility), and 16,043 square feet of retail/restaurant space; a Use Permit (PLN2007-13) to establish a dementia unit; a Tree Removal Permit (PLN2007-146) to allow the removal of six protected trees; and a Master Sign Program (PLN2007-154) on property owned by Merrill Gardens at Campbell, LLC located at 2041-2043, 2075, 2091, 2105, & 2127 S. Winchester Boulevard. A Mitigated Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: November 20, 2007. Project Planner: Steve Prosser, Planner I. Mr. Steve Prosser, Planner I, presented the staff report as follows: . Said that the applicant is seeking approval of a General Plan Amendment, Planned Development Permit, Conditional Use Permit, Tree Removal Permit and Master Sign Program for a mixed-use development consisting of retail, senior housing, apartments and a convalescent facility. Campbell Planning Commission Minutes for October 23, 2007 Page 5 . Described the project site as consisting of 3.69 gross acres consisting of six existing parcels currently developed with approximately 31,300 square feet of single-story commercial and two residential units. The site is surrounded by commercial uses to the north, south and east and residential uses to the west. . Said that the project includes 99 senior housing units; 28 non-age-restricted rental units; a 21-unit convalescent facility and 16,043 square feet of retail (six suites) that are fronting onto Winchester Boulevard. Amenities include an activity center, billiard room, wine bar/bistro, dining room, theater room, wellness center, landscaped courtyard and outdoor patio, secured courtyard for the convalescent facility and a beauty salon. . Explained that the project density is 34.4 units per gross acre, which includes a density bonus. It does not include the convalescent facility, which is considered a commercial use. . Said that the buildings are two and three-stories high. The building coverage is at 44 percent; landscaping is at 22 percent and paving is at 36 percent. . Listed the entitlements requested as including a General Plan Amendment from Central Commercial to Medium-Density Residential; a Planned Development Permit to construct the mixed-use development; a Conditional Use Permit to allow the establishment of the convalescent facility; a Master Sign Program to allow for future signage; and a Tree Removal Permit to allow the removal of six on-site protected trees. . Outlined the proposed uses for the four buildings. Building A and B consist of retail on the first floor fronting on Winchester Boulevard. Building B also includes the amenities for the residential uses on the first floor to the rear of the retail spaces. The second and third floors of Building A consist of 28 non-age-restricted rental units. The second and third floors of Building B consist of senior rental apartments. Building C consists of senior rental apartments on all three floors. Building D consists of the 21-person Alzheimer's unit on the first floor with senior rental apartments on the second floor. The commercial uses would be served by both ground-level and underground parking and the residential uses would be served by underground parking. There are seven ground level parking spaces adjacent to the Alzheimer's unit for employees and guest parking. . Said that the preliminary landscape plan illustrates an expansive open courtyard and the planting of over 90 trees. A condition of approval requires that the applicant submit a detailed final landscape plan for review and approval by the Community Development Director showing replacement tree sizes of at least 24- inch box prior to the issuance of building permits. . Stated that the architectural design is Mission utilizing stucco walls, red clay style cement roofing material, divided light windows, decorative tile banding, cornice molding, Juliette balconies and covered walkways with open arches. The design incorporates a variety of roof heights, including hipped and gabled, with tower elements. There is storefront undulation between 11.5 feet to 19 feet from the exterior edge of sidewalk to the building. Decorative light features will be incorporated with a condition of approval requiring final review and approval by the Community Development Director. Campbell Planning Commission Minutes for October 23, 2007 Page 6 . Explained that Buildings A and B front on Winchester and Buildings C and D are at the west property line. . Said that the aerial view shows the distance from any residence with windows facing the project site. This distance from property line includes a three-foot landscape strip, 25-foot driveway, 18-foot parking area and five-foot sidewalk, not including approximately 66 feet of open space totaling 117 feet of separation from property line, not from building. Building C is an additional 10 to 15 feet from the property line. The easterly most elevation of the town homes on the northern portion of the neighboring site is approximately 10 feet from the property line. This elevation does not have any windows facing the project site. . Explained that State law provides an increase in allowable density, up to 35 percent, for projects that include 20 percent of units as low-income affordable. This project is including 19 (20 percent) very-low-income units, which equals an allowable density increase to 34.4 units per gross acre up from 27. The City's Inclusionary Housing Ordinance requires 15 percent units to be affordable (9 percent medium-income and 6 percent low income). . Added that State law allows Inclusionary Housing units to count toward Density Bonus if units are provided at a greater affordability than required. . Said that 14 units (City required) will remain affordable for 55 years. Five units (Density Bonus) will remain affordable for 30 years. . Described the concessions requested by the applicant as being a waiver of all fees associated with the 19 very-low-income units. Applicable City fees would include the Park Impact fees; Public Works development fees and Building permit fees. The City does not have the authority to waive outside agency (Fire Department, Water and Sanitation) fees. . Said that an applicant requesting a Density Bonus may submit a proposal for the specific incentives or concessions that the applicant requests and may request a meeting with the City. The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of either of the following: o The concession or incentive is not required in order to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code or for rents for the targeted units as defined in Section 50053 of the Health and Safety Code. o The concession or incentive would have a specific adverse impact, as defined in Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and medium-income households. . Reported that staff's recommendation is that there be a waiver of the Park Impact Fees for the 19 very-low-income units; approve a waiver of the Building permit fees for only the 19 very-low-income units and deny the waiver of the Public Works fees. . Stated that the projected total Park Impact Fees would be $804,692 ($836,930 minus a credit of $32,238 for the existing rental units on site to be demolished). The waiver would reduce it by $125,210 leaving a total Park Fee of $679,482. Campbell Planning Commission Minutes for October 23, 2007 Page 7 . Added that that Building permit fees are not determined until plan check but a projection for this development using the Onyx project is $312,205 with a proposed waiver for 19 units being $67,450 or $3,550 per unit. . Said that Public Works fees would be the same with or without the Density Bonus units. Therefore, this concession is not required to provide affordable housing units as there is not an increased burden placed on the developer resulting from the voluntary Density Bonus units. The required finding for the denial for one of the three requested concessions has been added to the Planned Development Permit findings for approval. . Informed that the Arborist report lists 14 protected trees but only six are on site. The remaining eight are classified as street trees within the current or future right- of-way and will require Public Works approval prior to removal. This will occur in conjunction with the Public Works Streetscape Improvement condition of approval. . Said that the applicant is also requesting approval of a Master Sign Program including residential signs; commercial signs (two styles) and temporary signs including leasing, for sale, construction and project announcement signs to conform to the City's signage requirements. Staff is recommending denial of the use of channel letters. . Added that staff is recommending that signage, not to exceed 25 percent in window area, be located in the rear retail windows. . Described required parking standard: o Senior housing units require one space per three units. Therefore, 99 spaces are required for the senior housing. o Unrestricted one-bedroom apartments require 1.5 spaces per unit equaling 30 parking spaces for 20 one-bedroom units. o Unrestricted two-bedroom apartments require two spaces per unit equaling 16 spaces for eight two-bedroom units. o Residential guest parking requirement is one space per five unrestricted units of six parking spaces for 28 unrestricted units. o Convalescent facility parking requirement is one space per every two beds resulting in a requirement of 11 parking spaces for 21 convalescent units. o Retail commercial parking requirement standard is one space per 200 square feet in floor area resulting in a requirement for 81 parking spaces for 16,043 square feet in retail floor area. o Total required parking is 177 spaces (96 residential and 81 retail). o Total parking provide is 182 spaces (37 surface retail; 7 surface convalescent facility employee/guest spaces; 138 underground spaces (89 designated residential and guest parking; 44 designated retail spaces; five additional undesignated spaces). . Reported that a Traffic Consultant from Fehr & Peers was hired by the City to prepare a Traffic Impact Analysis (TIA) for the proposed project. The mixed-use project would generate approximately 47 new a.m. peak hour trips and 46 new p.m. peak hour trips. Credits for the trips generated were applied to the project because it qualifies as a mixed-use development. It was found that the site is sufficiently served by the City's existing street system. The anticipated daily trip generation for the project is 1,067 daily vehicle trips. The a.m. peak hour generation would increase from the current 10 to 47 and from the current 35 to 46 in the p.m. peak Campbell Planning Commission Minutes for October 23, 2007 Page 8 hour with a net difference of 37 (a.m.) and 11 (p.m.). The project does not result in a significant Level of Service (LOS) from the current B+ with the added project traffic. The cumulative effects have been evaluated including recently approved projects such as 2135 S. Winchester; 154 & 160 S. First Street; and 175-201 E. Campbell Avenue. . Explained that neighborhood concerns include potential for cut-through traffic when leaving the site from the W. Rincon Avenue secondary access driveway. Staff is recommending that the Rincon Avenue ingress/egress driveway be restricted with the appropriate signage, striping and driveway approach prohibiting right turns onto W. Rincon Avenue. . Added that the addition of bulb outs has been suggested by staff on the northwest and southwest corners of S. Winchester Boulevard, which provide a traffic calming measure as well as increased pedestrian safety by reducing the crossing distance of the intersection. . Said that the Commission may wish to consider adding a condition of approval requiring the addition of bulb outs at the northwest and southwest corners of S. Winchester and W. Rincon to improve walkability between the proposed development and surrounding retail uses. . Reported that an Initial Study was prepared for this project. The project was found to have mitigated any impacts to less than a significant level. Therefore staff is recommending the approval of a Mitigated Negative Declaration. The mitigation measures for air quality, cultural resources, geology/soils and noise are included in the conditions of approval. The 20-day public review period was between September 26 and October 16, 2007. Staff received no comments. . Recommended the adoption of a Mitigated Negative Declaration, General Plan Amendment, Planned Development Permit, Use Permit, Tree Removal Permit and Master Sign Program. . Advised that the applicant and their representatives are present this evening. Commissioner Alderete asked if the Traffic Study was adjusted to reflect the change in number of non-age-restricted units. Planner Steve Prosser said that it was not adjusted but a larger retail component was considered originally, which makes the traffic analysis sufficiently conservative. Commissioner Ebner questioned the condition to allow emergency use of ladder rescue for seniors from the rear building rather than use of a bucket or carrier. Planner Steve Prosser said he would defer to the applicant. He assured that Fire has assessed the project and imposed its conditions appropriately. Commissioner Ebner asked about the total estimate of waived fees. Planner Steve Prosser said that waived Park Impact Fees would total $125,210. Commissioner Roseberry asked staff to explain the age restriction for senior housing units. Campbell Planning Commission Minutes for October 23, 2007 Page 9 Planner Steve Prosser replied that senior housing units serve people age 60 or older in order to be a State-licensed senior housing facility. Commissioner Roseberry asked if the designation as a senior housing unit runs with the permit even if the ownership changes. Planner Steve Prosser replied yes. Commissioner Roseberry verified that this would be a fully sprinklered building. Planner Steve Prosser replied yes, that is a Fire Department condition of approval. Commissioner Doorley asked for verification that none of the four buildings would be four-stories. Planner Steve Prosser replied correct. Chair Rocha asked if the primary access from this development onto Winchester would allow left and right turns or only right turns. Planner Steve Prosser said that turns would not be restricted to one direction from the site onto Winchester. Chair Rocha asked staff to verify that banners would have to comply with the City's Sign Ordinance. Planner Steve Prosser said that there is added language in the conditions of approval to assure conformance with City's Sign Ordinance requirements. Commissioner Roseberry presented the Site and Architectural Review Committee report as follows: . Stated that this project was reviewed at a couple of Study Sessions. . Advised that the applicant has been cooperative and listened well. . Informed that SARC is supportive with requirements for a Master Sign Program, revised elevations and details for light fixtures and a continuation of the details along each elevation. Mr. Geoff Bradley, Applicant's Representative, Metropolitan Planning Group: . Introduced the development team including Jim Dunbar, Ryan Leong, Chad Lorentz, Bruce Hill and James Lindsay. . Reported that SRM is the third largest developer of retirement communities in California, fifth in the nation. . Explained that there is a shortage of this type of facility in the South Bay and in Campbell in particular. . Said that they have been working with staff, the Planning Commission and the community including multiple Study Sessions and neighborhood meetings. Campbell Planning Commission Minutes for October 23, 2007 Page 10 . Complimented staff on their thorough job and hard work on this project. . Stated that the focus of his comments this evening is on how this development fits into Campbell's General Plan as well as the City's vision for Winchester Boulevard. . Said that this project site is ideally situated due to its proximity to the Downtown; the Community Center with its Adult Center; the Civic Center Complex including the library; and two light Rail stations. . Reminded that the Housing Element calls for special needs housing. When the General Plan was updated in 2001, there was a push to extend the Downtown core and bring it down Winchester to establish an urban feel with walkable streets. . Said that Merrill Gardens provides this type of project on a significant property. The site is six parcels that would be consolidated and currently have existing buildings on them. . Said that this project has been carefully designed to fit the context of those goals. The project provides ample parking, landscaping and public improvements. The undergrounding of utilities will be a visual enhancement to the area. There will be new sidewalks and street lights. . Pointed out that very-low-income units are hard to achieve with most projects. . Assured that there are numerous public benefits with minimum impacts on the community. This project would be a real asset to this neighborhood and the City. . Thanked the Commission for the opportunity to address them and said the entire development team is available for any questions. Commissioner Roseberry questioned how seniors are expected to get to the Downtown with the existing traffic conditions. Mr. Geoff Bradley: . Agreed that the project, while close to Downtown, is separated from the Downtown by Winchester Boulevard. . Added that there are existing intersections (Winchester & Campbell and Winchester & Rincon) that are signalized to allow safe pedestrian access. . Said that a proposed bulb out at the southeast corner of the project site would help slow traffic as well as reduce crossing distance. . Assured that things can be done both through this project and through the Winchester Development Plan to help. Commissioner Roseberry said that while he was initially concerned about parking, he believes that this population will not all have two cars each. Mr. Geoff Bradley said that there is more parking being provided that is required by the zoning. It will be unusual to be over parked. He stated that car ownership tends to decline as people age. Commissioner Roseberry asked if it is expected that these residents would mostly rely on public transportation. Campbell Planning Commission Minutes for October 23, 2007 Page 11 Mr. Geoff Bradley explained that there would also be shuttle buses available at Merrill Gardens. Commissioner Roseberry asked if these shuttle buses would be on site. Mr. Geoff Bradley replied correct. Commissioner Roseberry asked if the ventilation for the underground parking has been fully explored. Would it include powered exhaust fans? Mr. Geoff Bradley suggested that the project architect address this question as his knowledge of underground parking ventilation exhaust has been "exhausted." Mr. Chad Lorentz, Project Architect, explained that there are openings in the concrete and an exhaust fan to ventilate the underground parking. Commissioner Roseberry asked if there would be revision to the plan view to show some grating. Mr. Chad Lorentz replied exactly. Commissioner Doorley asked about the requirement for bulb outs at the four corners as a more efficient traffic control. Mr. Geoff Bradley said that they are concerned about being pulled into installing improvements on corners that are off of their site frontage. He asked for the Planning Commission's interpretation on that requirement and whether it could be left simply to the subject corner on the site frontage. Commissioner Doorley said that it could take up to 50 years to get all four corner bulb outs done if it is not done now. Mr. Geoff Bradley said that these bulb outs should be added to the complete Winchester Development Master Plan as a CIP project. Commissioner Ebner: . Said that egress and ingress have been his concern as well as cut through traffic. . Said that allowing egress onto Rincon via left turn only would be effective and suggested including signage, striping and approach design to help in prohibiting right turns from the site onto W. Rincon. . Suggested the use of something on the lot itself to prevent such right turns, perhaps a grate with spikes. . Asked if the applicants are prepared to put this in at a future date if required. Mr. Geoff Bradley said that tire shredders are not a preferred traffic control device as they can equal a liability to the property owner for potential replacement of damaged tires. Campbell Planning Commission Minutes for October 23, 2007 Page 12 Acting Director Jackie C. Young Lind said that there is a condition of approval that calls for the angling of that driveway to make it difficult to turn out from the site to the right onto W. Rincon. Chair Rocha reminded of the driveway design used for Kohl's to keep traffic from turning right from the site onto Almarida. Commissioner Ebner again expressed concern about an emergency fire situation with senior residents especially the potential to use ladders to rescue Alzheimer's patients from the building. Acting Director Jackie C. Young Lind reminded that the Alzheimer's facility is only located on the first floor. Commissioner Ebner asked about provisions for construction traffic. Acting Director Jackie C. Young Lind said that there is a requirement for a plan that includes truck routes and staging. Chair Rocha opened the Public Hearing for Agenda Item No.3. Mr. Russell Dover, Resident on Salice Way: . Reported that he has met with the developers. . Clarified that the nearby residents are not supportive of this project despite what is being said. . Added that he has a few key issues personally including the scale and proximity of this project to residential uses. It's like being near Santana Row. . Said that these are oversized and inappropriate buildings for this area and not fitting for Campbell. . Said that when discussing this project with real estate experts to determine property value impacts and the potential for positive or negative impacts, the consensus was that there is a negative impact. This would result in approximately 82 houses being diminished in values. At about $500,000 in value for each residence, this represents approximately $42 million in existing property value. . Declared this project to be too big and too close. . Pointed out that Fire has allowed a 10-foot exemption but the developer has put landscaping there. . Said that one parking space per three seniors is not accurate when people can be considered a "senior" at age 60. He added that he can't imagine that most people of 60 would easily give up their cars. Commissioner Ebner asked Mr. Russell Dover to provide a few examples of loss of property values. Mr. Russell Dover: Campbell Planning Commission Minutes for October 23, 2007 Page 13 . Said that this project represents such a monolith close to the property line that would be looming over adjacent parcels. . Added that there would be visibility from this development into back bedrooms of the homes behind. . Said that any prospective buyers of nearby homes would more likely remember seeing this massive building right next to a home they might be considering to purchase. . Suggested that the project be scaled back to two-stories with buildings moved further from the adjacent residential properties. Chair Rocha asked Mr. Russell Dover to point out his property on the location map. Mr. Russell Dover pointed his home out and advised that the developer had offered the planting of trees in their private yards as an opportunity to screen views from the project. Ms. Nancy Marrs, Resident on W. Rincon Avenue: . Advised that she is the Past President (and potentially future President) of the Rose Villas Homeowners Association. . Said that her main objection to this project is that it is three-stories that create a massive building that overpowers their building. . Said that she spoke with Fire today. . Stated that she also has traffic concerns and reviewed the Traffic Study very carefully. . Opined that traffic will increase with 16,000 square feet of additional retail. . Pointed out that there is a huge discrepancy between the feedback given on Campbell residential surveys where the main issue of concern is development with projects such as this one. She added that a four-plex was recently turned down by the City as it was deemed to be out of character with the neighborhood. . Stated that this project is also greatly out of character with her neighborhood with its 39-foot roof height with added eight-foot towers that total 47 feet. That is double the height of their buildings. . Said that she wants the project pushed back and lowered. Mr. Mark Dehart, Resident on W. Rincon Avenue: . Said that he lives one block from the development site. . Advised that his main concern is the potential for egress from this development onto Rincon Avenue, which will cause a big increase in on-street parking. . Explained that there is already spillover traffic when there are large community events such as Oktoberfest. . Stated that requiring one parking space per three seniors is unrealistic. . Reported that people already speed down W. Rincon Avenue. . Suggested adding large speed bumps like was done on Almarida with the construction of Kohl's. . Expressed displeasure with the idea of losing property value that is being driven down in order for others (from Los Gatos) to go shopping. Campbell Planning Commission Minutes for October 23, 2007 Page 14 Ms. Lynn Dehart, Resident on W. Rincon Avenue: . Reported that this is the third meeting she has attended regarding this project. . Said that the same issues have been raised at each meeting but they have not been addressed by the developer. . Stated that this project creates the same impacts as were raised by the project recently denied on EI Caminito. . Expressed concern about the potential for cut through traffic on neighborhood streets in order to miss traffic on Winchester. . Said that people will come down to Salice Way to get to the light on Jeffers to get onto Campbell Avenue. . Suggested that 93 car trips would not maintain retail and other uses proposed on site so this was likely a flawed Traffic Study. . Said that this project is not an asset to this neighborhood. . Stated that the project should have lower heights and larger setbacks. . Added that she is okay with assisted living part of this project but does not like the retail and apartments. . Said that she does not want an urban feel. . Asked the Commission to uphold what the residents want in their community. Mr. Jack Bonno, Resident on Church Street in Los Gatos: . Identified himself as a real estate consultant for Rose Villas II. . Reported that he was once a Planning Commission Chair in Berkeley. . Said that this project presents a challenge to this Commission. It is an easily supportable use but it is also forced onto this site. It is a large project that requires a Planned Development Permit, Conditional Use Permit and General Plan Amendment. . Added that this project will change the feel and look of this part of Winchester Boulevard. . Suggested the installation of story poles to communicate to the community what this project means. . Advised that he had asked the developer's representative to install story poles but he was opposed to doing so. . Asked that the Planning Commission to balance this project against its impacts. Mr. Bob Walls, Resident on Rose Court: . Informed that he is a 22-year resident of this area. . Said that this development is too big. . Recounted that Rose Court is a dead end street and a highly developed area. . Asked how 100 parking spaces are divided between residential and commercial uses and if there is safety parking areas for residents. . Said that this project is a great idea if it were limited to two-stories and included larger setbacks. Ms. Lee Ann Kuntz, Resident on EI Caminito: . Expressed concern about the scale of this project located in a single-story area. Campbell Planning Commission Minutes for October 23, 2007 Page 15 . Said that forcing traffic to get onto Winchester from this development is a challenge. She already can't easily get onto Winchester from her street. . Stated that the asset they already have is the quiet family neighborhood that they enjoy today. Mr. Ed Melinat, Resident on EI Caminito: . Said that he is a 17 -year resident of the area. . Stated that he is very concerned about potential impacts on a several block neighborhood. . Invited any Commissioner to come onto his street any Saturday or Sunday afternoon when 500 soccer players are using the park resulting in no parking being available along the street. . Declared this project to be a "monstrosity." . Pointed out that people have invested years of time in improving their properties. Ms. Shannon Thomas, Resident on EI Caminito: . Said that her property is adjacent to Winchester and she has lived there less than two years. . Reported that she paid close to $2 million and has invested $150,000 in her backyard. . Explained that she has 5 and 7 -year-old children who attend St. Lucy's School. She walks the children to school and crossing Winchester is difficult. . Said that people park in front of her house. . Expressed concern about underground parking as she doesn't believe retail customers will use it. Mr. Patrick Danforth, Resident on EI Caminito: . Called this project a looming monstrosity. . Said that it might be okay if it were scaled back. Ms. Nancy Marrs, Resident on W. Rincon Avenue: . Cautioned that seniors over the age of 60 are still driving. . Said that she is 62 and drives a lot as she is still working. Chair Rocha closed the Public Hearing for Agenda Item No.3. Commissioner Roseberry: . Asked staff to describe development standards that would be applicable if this was not a Planned Development. Acting Director Jackie C. Young Lind said that this property is zoned Planned Development. The General Plan Land Use designation is Central Commercial. One would look to the zoning standards of the C-3-S (Central Commercial) Zoning District as depicted on Table 2.11. There are no standard setbacks in a PD Zone. The maximum height allowed is 45 feet. Campbell Planning Commission Minutes for October 23, 2007 Page 16 Commissioner Roseberry asked Acting Director Jackie C. Young Lind if a Density Bonus is required or optional. Acting Director Jackie C. Young Lind said that the provision for a Density Bonus is established by State law. If a project includes the prescribed, increased level of affordability, it can include a Density Bonus. Incentives and/or concessions can be granted including this applicant's request for a waiver of certain fees for the affordable units. Commissioner Roseberry asked for clarification about the 10-foot setback for Fire access at the back of the site. What does "clear" mean as there is a tree shown on the plan in that particular area. Acting Director Jackie C. Young Lind said that Planner Steve Prosser called Fire today and will report on what he learned. Planner Steve Prosser said that he clarified with Fire that an eight-foot hardscape is required adjacent to the residential portions of the project with clearance to allow fire trucks to pass through. There is an allowance for lawn and trees as long as those trees do not overhand that hardscape. Commissioner Roseberry asked if the hardscape would be concrete or pavers. Mr. Steve Prosser said stamped concrete. There is a minimum eight-foot clearance but does not include the northwest and southwest ends of the buildings where the stair wells are located. Commissioner Ebner: . Stated that his pet peeve is increased and cut through traffic. . Said he supports keeping Campbell a small town and is sensitive to the concerns raised by nearby residents. . Agreed that this is a handsome project architecturally and the back building appears to generate the main concerns. One building is three-story. If it were to be reduced to two-stories, how many apartments would be lost? Acting Director Jackie C. Young Lind: . Replied that four units would be lost. Said that adjacency includes a church building and one townhouse building. There are no windows on that townhouse elevation, just a stucco side building with no windows. Chair Rocha re-opened the Public Hearing for Agenda Item No.3. Mr. Geoff Bradley, Applicant's Representative: . Reported that they had at one point put on the table the option of decreasing the pitch of the roof of Building C thereby decreasing the height by approximately two feet. Campbell Planning Commission Minutes for October 23, 2007 Page 17 . Said that there are three senior housing projects in Campbell including Rincon Gardens, Corinthian House and Wesley Manor. . Said that this project was designed to fit within the residential density standards. . Added that the project would be in jeopardy if they lose any floors. Commissioner Roseberry asked about access to the underground parking. Mr. Geoff Bradley replied that there are segregated residential and retail parking spaces underground. He also clarified that while 60 years is the minimum age and a regulatory tool to identify residents in senior housing developments, the majority of the residents are assisted living or dementia. The average age is actually between 80 and 82 years. There is a difference between a minimum age and who actually occupies this type of environment. Commissioner Roseberry asked about the actual parking provided with the project. Mr. Geoff Bradley said that there are 182 spaces provided and 177 required, which is five over. Commissioner Doorley clarified that the parking ratio is one space for three units in the convalescent units, which is a lower requirement. The non-age-restricted residential units provide between 1.5 to 2 spaces per unit. Mr. Geoff Bradley agreed that there are three residential parking ratio standards for this project. One standard is for the Alzheimer's units, one for the assisted living units and one for the non-age-restricted units. There is another standard for commercial uses. With this project there is no request for a reduction based on it being a mixed- use development. The parking is straight from the parking standards and is actually over parked. Chair Rocha pointed out that approximately eight of the 11 speakers raised issues with traffic. Mr. Geoff Bradley: . Pointed out that this is a four-acre site with a 30,000 square foot existing retail space although that retail is currently under performing. . Reminded that the new retail will be less than half that size. . Stated that the City's Traffic Engineer and the Traffic Consultant have evaluated traffic impacts. . Said that the traffic rates for uses such as senior housing and Alzheimer's units are low. . Assured that one cannot ask for a better land use for this site. There may be a slight increase in traffic but it would be a small number. . Agreed that some things can be done on Rincon to direct traffic away from the Rincon neighborhood. Campbell Planning Commission Minutes for October 23, 2007 Page 18 . Suggested that there are too many angled turns to make use of Salice to Rose to Jeffers as a cut through route. It takes too long to negotiate when compared to both Campbell and Winchester. Chair Rocha pointed out that street parking along Rincon is already a problem and asked how that concern can be alleviated. Mr. Geoff Bradley: . Pointed out that these are existing impacts due to the nearby park as well as special events in the Downtown. . Agreed that this can be a frustrating situation for neighbors but this project won't make it worse. . Reminded that there is no discount requested as far as provision of on-site parking. . Added that the underground parking they are constructing is very expensive. Chair Rocha re-closed the Public Hearing for Agenda Item No.3. Commissioner Alderete: . Reported that he participated in two Study Sessions and one SARC meeting regarding this proposal. . Said that many questions asked by Commissioners tonight were intended to help the public. . Stated that there have been considerations by the developers in so many areas. . Expressed appreciation for the concerns raised by nearby residents. . Pointed out that this site is going to be developed and upgraded. . Advised that the City has regulations and people have the right to develop within those regulations. Mitigation measures have been imposed. . Informed that the City is bound to comply with Density Bonus and Inclusionary Housing provisions. . Said that he walks along Rincon all the time and said that improvements required with this project including streetscape, undergrounding of utilities and increased parking will benefit the area. The retail component is good for the City and for the folks who want to shop in the area. . Said that this is a good site for the assisted living, Alzheimer's unit and senior living units. . Agreed that the development will have impact on the community as all development does but it is the nature of change. Commissioner Roseberry: . Said he echoes the comments of Commissioner Alderete. . Stated that many have worked long and hard on this project. . Reminded that this is a busy street and these are commercial properties that will be developed. . Pointed out that this project consists of beautiful and detailed architecture that will compliment the Community Center and the Downtown. . Joked that the Commission has a tough job here "and the pay is terrible." Campbell Planning Commission Minutes for October 23, 2007 Page 19 . Assured that the Commission tries to look out for Campbell and that this project will be good for Campbell. . Said that that there is always resistance to change and there must be balance on the whole. . Said that this is a good project. . Cautioned that he did not think that the offered roof pitch change is a good idea but rather would cheapen the appearance of the building. Commissioner Ebner: . Stated that he too agrees with the comments made by Commissioner Alderete. . Said that he did not take the project lightly. . Added that he is a tough guy on traffic and shares concerns about traffic. . Agreed that traffic is going to be a problem. This property is going to be developed but it could have been worse. This project fits in the community, including complimenting the architecture of the old Campbell High School. . Pointed out that the developer did make concessions and this is the best project we could get. . Declared the senior housing project (Wesley Manor) located at the corner of Hamilton and Winchester is atrocious, asking "where did that come from?" . Said that this project is something we could be proud of. . Reminded that the adjacent building wall is without windows. . Stated that there have been some good compromises and this is better than what could have happened. Commissioner Doorley: . Said that there is always the issue of parking and traffic. . Added that he has come to realize that he just has to trust his "gut" over the traffic studies and/or math involved in determining what is sufficient. . Pointed out that the Commission has in the past allowed a reduction in parking for mixed-use developments and this developer is not asking for any such reduction. . Stated his belief that parking is going to be fine but traffic is the bad side. . Said that he is otten concerned about traffic impacts albeit less with this project. . Explained that the project on EI Caminito was turned down but that they had asked for a Variance as well as exceptions to policy. This project does not do so. Therefore, it is harder to turn down a project if they meet the requirements. That is the critical difference between these two developments. . Said that undergrounding of utilities will be a good start as well as maintaining a retail street frontage along Winchester Boulevard. . Suggested that when someone buys a property that abuts commercial property along Winchester Boulevard that impacts value. . Recounted that he once owned a home that was adjacent to a vacant lot, which was nice. Now there is a pending large development project approved for that vacant lot. He has since sold that home. . Asked the other Commissioners what their level of interest is in requiring the bulb outs on corners outside of the site. Campbell Planning Commission Minutes for October 23, 2007 Page 20 . Said that it is a common practice to require more if there are regional impacts on traffic patterns. Requiring those bulb outs would not be unreasonable. Chair Rocha said that the staff is recommending that the second type of sign in the proposed Master Sign Program not be approved. He asked staff if that recommendation has been incorporated into the draft conditions of approval. Planner Steve Prosser replied yes. Commissioner Ebner said he would entertain the bulb outs. He added that he would also support the applicant's offer to reduce the roof pitch for the rear building. Commissioner Doorley asked if that proposal has been incorporated into the plans. Commissioner Roseberry: . Replied no, it is not yet incorporated into the plan. . Said that by reducing the roof pitch, the appearance would be reduced. It would look too cheap if the roof is too flat. . Added that there is not a good value for that concession. . Advised that he is not sure if the bulb outs should be imposed on this development for the three off-site corners although he is open to the one bulb-out on the development's Winchester frontage. . Suggested that another option for the other three corners would be for the City to incorporate that addition into a City design plan. Commissioner Doorley: . Said that the reason for these bulb outs is to minimize traffic impacts on Rincon and to serve to link this development to Downtown Campbell resulting in easier crossing for elderly pedestrians. . Added that including the bulb outs can clearly be considered a part of this project. Commissioner Roseberry: . Disagreed, saying that he is not sure if it's right to burden this project with bulb outs at all four corners. . Added that he is in favor of imposing an in-lieu fee for one corner bulb out fronting the site now. . Said that since Winchester is such a busy street he thinks that it is smarter and safer for pedestrians to walk to Campbell Avenue in order to get to Downtown. Commissioner Ebner: . Said that several residents mentioned that they cross at Winchester and Rincon. . Said that the bulb outs are needed. . Agreed that the architecture is best served as it is proposed rather than with the reduced pitch roof offered by the developer. . Expressed support for including the four bulb outs. Campbell Planning Commission Minutes for October 23, 2007 Page 21 . Said that the biggest issue raised tonight was traffic and the bulb outs could help mitigate that concern a bit. They would address a problem. Chair Rocha said that proposed bulb-out at the northwest corner of Rincon and Winchester would be appropriate. Commissioner Alderete: . Said he is fine with the one bulb out at that corner although it would be nice to have two. It will come with time. . Added that he didn't want to see any design occur on the fly now as this is a beautiful project. The look and feel ties in beautifully with the Campbell Community Center. Chair Rocha: . Stated that support for the project has been eloquently expressed by the other four Commissioners. . Agreed that this is a well thought out project. . Added that the developer has not tried to get out of any requirement. They support the undergrounding of their utilities. . Said that the project does not add to the small town feel of Campbell and we are losing sight of that. . Explained that his vote is a gut one. . Stated that he would have liked a more pure mixed-use project. . Advised that he would respectfully not support this project. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Roseberry, the Planning Commission took the following actions: . Adopted Resolution No. 3846 recommending adoption of a Mitigated Negative Declaration; . Adopted Resolution No. 3847 recommending approval of a General Plan Amendment (PLN2007-14) from Central Commercial to Medium-Density Residential; . Adopted Resolution No. 3848 recommending approval of a Planned Development Permit (PLN2006-165) to allow the construction of a mixed-use project consisting of 99 senior rental apartment units, 28 non-age-restricted apartment units, a 21-unit dementia unit (convalescent facility), and 16,043 square feet of retail/restaurant space and including one bulb-out; . Adopted Resolution No. 3849 recommending approval of a Use Permit (PLN2007 -13) to establish a dementia unit; . Adopted Resolution No. 3850 recommending approval of a Tree Removal Permit (PLN2007-146) to allow the removal of six protected trees; and . Adopted Resolution No. 3851 recommending approval of a Master Sign Program (PLN2007 -154); Campbell Planning Commission Minutes for October 23, 2007 Page 22 on property owned by Merrill Gardens at Campbell, LLC located at 2041-2043,2075,2091,2105, & 2127 S. Winchester Boulevard, by the following roll call vote: AYES: Alderete, Doorley, Ebner and Roseberry NOES: Rocha ABSENT: None ABSTAIN: Gibbons Chair Rocha advised that this item would be considered by City Council at its meeting of November 20,2007, for final action. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Jackie C. Young Lind, Acting Director, was accepted as presented with the following additions: . Reported that at the last Council meeting the City Council introduced and took first reading of the Ordinance amendment dealing with Late Uses in PD Zones. . Advised that the next Planning Commission agenda would include three items. . Reminded that no SARC meeting was held earlier this evening as no items were pending review. ADJOURNMENT The Planning Commission meeting adjourned at 9:54 p.m. to the next Regular Planning Commission Meeting of November 13, 2007. SUBMITTED BY: APPROVED BY: fl!/i/U ~ Michael Rocha, Chair ATTEST: