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PC Min - 03/25/2008 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. UESDAY MARCH 25, 2008 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of March 25, 2008, was called to ord r at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, Californi by Chair Roseberry and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Commissioners Absent: Staff Present: Staff Absent: APPROVAL OF MINUTES Chair: Bob Roseberry Vice Chair: Mark Ebner Commissioner: Bob Alderete Commissioner: George Doorley Commissioner: Elizabeth Gibbon Commissioner: Michael Rocha Commissioner: Gary Gairaud Acting Director: Jackie C. Young ind Associate Planner: Tim J. Haley Planner I: Steve Prosser City Attorney: William Seligman Recording Secretary: Corinne A. Shinn Upon motion of Commissioner Alderete, seco ded by Commissioner Doorley, the Planning Commission minu es of the meeting of March 11, 2008, were approved. (4-0-1-2; Commissioner Gairaud was absent and Commissione Alderete and Doorley abstained) Motion: COMMUNICATIONS There were no communications items. Campbell Planning Commission Minutes for March 25, 2008 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Chair Roseberry advised that the two agenda items would be handled in re erse order because Item #2 is expected to be more quickly handled and there are a number of people present to address Item #1. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS Chair Roseberry read Agenda Item NO.2 into the record as follows: 2. PLN2008-30 Trani, J. Public Hearing to consider the application 0 Mr. John Trani, on behalf of Campbell Wings, Inc., for a onditional Use Permit (PLN2008-30) to allow late night operations (open to public until 1a.m. and clean up to 2 a.m.) for a restaurant (Hooters Restaurant) on property owned by Keesling Trust located at 1555 S. Bascom Ave ue in a C- 2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed C tegorically Exempt under CEQA. Staff Planner: Ste Prosser, Planner I Mr. Steve Prosser, Planner I, presented the staff report as follows: · Advised that the applicant is seeking Conditional Use Permit approval ~ r late night activities for a new restaurant (Hooters) located at 1555 S. Bascom Av nue. The site is on the west side of Bascom Avenue, north of East Hamilton Aven e. · Reported that the site is surrounded by commercial uses on all sides. T e General Plan Land Use designation is General Commercial and the Zoning de ignation is C-2 (General Commercial). The proposed use is consistent with issuan e of a Use Permit, which is required for late night activities. · Explained that the proposed operational hours are between 10 a.m. nd 1 a.m. Staff hours are between 6 a.m. and 2 a.m. . Said that one parking space is required for every three seats. There ar 189 seats resulting in a requirement for 63 spaces. Sixty three (63) spaces are pro osed. . Said that no sign is proposed and that any future signs must comply wi h the Sign Ordinance. . Stated that the Police Department has no objection to this request. SA C did not review the proposal as there were no exterior changes. . Said that this project has been deemed Categorically Exempt under CE . Recommended that the Commission adopt a resolution approving this Use Permit. Campbell Planning Commission Minutes for March 25, 2008 Page 3 Commissioner Rocha asked staff to clarify why the Commission does not get to talk about landscaping, signage, color, etc., with this application. Planner Steve Prosser explained that the applicant submitted Building tenant improvements to upgrade the existing site. It was determined to clearance approved at staff level through a Building Permit process. current sign application so there is no signage to present tonight. ermits for e a zoning here is no Commissioner Rocha asked whether the existing non-conforming sign would be retained. Planner Steve Prosser said that non-conforming signs must comply i they are changed. They are not grandfathered. Commissioner Rocha asked if this means that the Spoons monument si removed. Planner Steve Prosser replied yes. City Attorney William Seligmann added that if just the lettering is change , the non- conforming monument sign can stay. Commissioner Rocha asked what triggers compliance with the current Sign Ordinance provisions. City Attorney William Seligmann said that a structural change to the si n and any additional signage request. Commissioner Gibbons pointed out that the Commission usually discusses site issues such as landscaping. Chair Rocha asked staff to clarify that landscaping for this site would be handled at staff level. Planner Steve Prosser replied yes, landscaping would be reviewed during t e Building permit review process. Chair Roseberry asked if any additional sign request would open the door 0 a review of the entire sign package. Planner Steve Prosser said that he would defer to the City Attorney. City Attorney William Seligmann said that if there are structural changes t the sign it would. If just the lettering is modified, a new permit would not be necessary Chair Roseberry opened the Public Hearing for Agenda Item NO.2. Campbell Planning Commission Minutes for March 25, 2008 Page 4 Chair Roseberry closed the Public Hearing for Agenda Item No.2. Commissioner Gibbons raised that issue of having the Community D velopment Director deal with noise complaints but wants to make sure that the Direct r can deal with other triggers in addition to noise. She suggested using the text, " 'olations to these conditions..." instead. Chair Roseberry pointed out that Condition 4 is strongly worded. Commissioner Gibbons said that she is looking for a condition that allows immediate control by the Community Development Director to reduce operational hour. Commissioner Doorley said that he is not supportive of allowing extended perational hours for a vendor who is not known. He suggested waiting until this b siness has operated at this location for a while before allowing extending hours. He ointed out that Hooters would attract a younger, louder, rowdier clientele than did Spo ns. Commissioner Gibbons pointed out that the staffing level is proposed betw en 25 and 30 employees per shift. With a total of 63 parking spaces, that means tha potentially half of the parking spaces could be occupied by employees. Commissioner Rocha said that three seats are assumed per parking spac (car) and questioned if this also takes into consideration the number of employees. Commissioner Gibbons pointed out that 25 to 30 employees per shift wo Id use up nearly have the available parking. Acting Director Jackie C. Young Lind said that the parking standard for estaurants addresses number of seats and not employees. Commissioner suggested allowing the Community Development Directo parking. Commissioner Rocha advised that in its heyday it was hard to find parking t Spoons. He recounted that they used to park next door at the office complex and wal over. He said that the Commission does not know what it is getting with a Hooters restaurant. The only Hooters he has been to is in Indiana. Commissioner Alderete asked how the requirement for a Use Permit fo hours came about. Acting Director Jackie C. Young Lind explained that there was an Ordinanc change to require Use Permits for late night operations. There was a two-year a ortization period during which time businesses were expected to file for said Use Per it Commissioner Alderete asked staff if the City has denied any late night use equests. Campbell Planning Commission Minutes for March 25, 2008 Page 5 Acting Director Jackie C. Young Lind said Cafe Campbell was issued a Us Permit for late operations in January 2008. She added that the Use Permit proc ss is more typically used for alcohol sales. Commissioner Alderete again asked if any request for late hours has been Acting Director Jackie C. Young Lind replied that she did not believe so. There was one revocation process for hours for the Gaslighter Theater. Commissioner Alderete: · Advised that the reason that most businesses that come before the ommlsslon requesting late operation hours is that an Ordinance change make filin for a Use Permit mandatory. · Stated that it is unfair to treat a business differently simply becaus they are unfamiliar in this area. . Pointed out that Hooters restaurant is a national business. . Added that he was supportive of this application. Commissioner Gibbons reminded that with the approval for the Ultra Lunge, the Community Development Director was given the authority to cut back hou without a long drawn out process in the event of problems with the late operations. Chair Roseberry pointed out that the parking standard is met and the site is away from residential areas. Commissioner Gibbons reminded that there is some housing located on th other side of the Creek. Motion: Upon motion of Commissioner Gibbons, seco ded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3877 approving a Conditional Use Permit PLN2008- 30) to allow late night operations (open to public until 1a.m. and clean up to 2 a.m.) for a restaurant (Hooters Restaurant) 0 property owned by Keesling Trust located at 1555 S. Bascom Aven e, adding Condition 21 that states that upon confirmation of violati ns of the conditions of approval the Community Development Dir ctor may immediately reduce the late night hours of activity, by th following roll call vote: AYES: Alderete, Ebner, Gibbons and Roseberry NOES: Doorley and Rocha ABSENT: Gairaud ABSTAIN: None Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Campbell Planning Commission Minutes for March 25, 2008 Page 6 Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. PLN2007 -113 Fulton, J. Public Hearing to consider the application f Mr. Jim Fulton, on behalf of Lexmar Development, fo a Planned Development Permit (PLN2007-113) to allow the construction of a three-story mixed-use buildin with 6,879 square feet of commercial retail space and nine apartments on property owned by Lexmar D velopment located at 2295 & 2305 S. Winchester Boule ard in a P- D (Planned Development) Zoning District. Mitigated Negative Declaration has been prepared for his project. Tentative City Council Meeting Date: April 15, 2008. Project Planner: Tim J. Haley Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Reported that the applicant is seeking approval of a Planned Develop ent Permit to redevelop two properties totaling approximately half an acre loc ted at the southwest corner of Winchester and EI Caminito. · Said that the site is zoned P-D (Planned Development) and the Genera Plan Land Use designation is Central Commercial. · Described the proposed project as being a three-story mixed-use devel pment with retail space on the ground floor and two stories above consisti g of nine apartments. The architectural style is Mediterranean. The building is 1 feet from the 10-foot wide sidewalk on Winchester. It is also 76 feet from the residential property to the west. Outdoor seating could be accommodated. · Stated that the site is currently vacant as one single-family residence an building were demolished. · Said that surface parking is proposed at the rear of the structure a well as a subterranean garage with access via the rear parking area. There are 46 spaces proposed. The applicant is asking for a parking adjustment based on ixed-uses and proximity to Light Rail. · Added that modifications would be made to the driveway off of EI preclude left turns and direct traffic to Winchester. · Stated that the Mediterranean architectural style is well articulated an accented with tiles, wrought iron work, etc. · Explained that a traffic consultant prepared an analysis that made the determination that the existing street and intersections can accommo ate traffic from this development. · Reported that undergrounding of utilities is required. Fire will require spr nklers. · Said that 26 percent of the site would be landscaping. · Said that SARC reviewed this proposal. · Recommended that the Commission find this project to be Categoric lIy Exempt under CEQA based on it being an infill development. Staff also reco mends the adoption of a resolution that recommends Council deny this proje t. Staffs recommendation is based on the scale of the proposed project, includi g the fact that it is three-stories. Campbell Planning Commission Minutes for March 25, 2008 Page 7 Commissioner Ebner asked staff to elaborate on the reasons outlined on Attachment #1 that lead to staff's recommendation to deny. Planner Tim J. Haley said that the standard for a Planned Oevelopme t is that it results in a more desirable development that is compatible and harmo ious to the area. Staff finds that this proposal is not consistent with that standard. Commissioner Alderete said that he is interested in hearing the public c also what staff is recommending that this developer could do with this site. Planner Tim J. Haley said that the issues are intensity and scale rei tive to the surrounding properties. He added that the elimination of one floor of th s proposed building would eliminate many of the concerns raised. However, the appli ant felt that to make this an economically viable project, that floor would have to be m intained to accommodate the number of units proposed while also providing a substa tial setback from the adjacent rear neighbors. Commissioner Alderete asked why the inclusion of bulb outs was not inclu ed by staff as a requirement for this project when the General Plan's LUT 23.D spe ifically calls for bulb outs wherever possible to encourage street parking. He added t at this was required of the Merrill Gardens project. Acting Director Jackie C. Young Lind said that bulb outs are evaluated as method of decreasing traffic speeds. The difference between this project and the Me ill Gardens site is that Winchester and Rincon is an aligned four-way intersection while Winchester and EI Caminito is not. Commissioner Alderete said that if this intersection was squared, there benefit of two bulb outs to decrease pedestrian crossing distance. Acting Director Jackie C. Young Lind agreed. Commissioner Alderete said that he agrees with the concept but disagr es with the interpretation. Commissioner Ebner presented the Site and Architectural Review Committ e report as follows: . SARC reviewed this project on March 11, 2008, and was not supportive. . Stated that the development was found to be too intense for this neig borhood as well as for the size of this site. . Added that there are existing traffic impacts and the project require a parking exception. . Advised that SARC had considered the use of bulb outs. . Reported that the applicant has provided a written response to the con erns raised by SARC. Campbell Planning Commission Minutes for March 25, 2008 Page 8 Acting Director Jackie C. Young Lind reported that the Public Works Dep rtment has suggested inclusion of a bulb out for this project as of last week. Chair Roseberry opened the Public Hearing for Agenda Item No.1. Ms. Lee Ann Kuntz, Resident on EI Caminito: · Recommended that the Commission deny this project. · Stated that it does not reflect the character of this neighborhood. · Cautioned that the bulb out would not deter traffic. · Opined that there is the potential for there to be three to four cars affilia ed with the two to three room apartments. Mr. Joseph Gemignani, Resident on Union Avenue: · Said that he is in favor of this project. · Stated that it is the best looking new building proposed in Campbell in There is lots of detail. · Opined that the project is compatible, especially with the Community Ce ter. · Reminded that Merrill Gardens was approved with three stories. · Stated that he wished this project could work out somehow and move fo Ms. Joanne Danforth, Resident on EI Caminito: · Agreed that the proposed architecture is beautiful but it is also too la ge and 12 spaces short in its provision of parking. · Said that her neighborhood is currently impacted by businesses wh se parking demand spills over onto their block. · Said that this project would be the end of their neighborhood as they now it. It becomes a massive parking lot. · Explained that she wrote up a petition and secured signatures from r sidents on her block. · Stated that this project. needs to be smaller, a two-story with adequate parking to serve it on site. · Cautioned that parking for this site would also spill over onto the nearby -11 parcel and said that she is surprised that they are not worried about that. · Asked to whom she could submit her petition. Chair Roseberry said that it can be given to Acting Director Jackie C. Young Lind. Dr. Ed Melinat, Resident on EI Caminito: · Said that he is a 16 year resident. · Stated that this project is a poor design. · Pointed out that there is already constant demand on street parking ~ r John D. Morgan Park. Commissioner Gibbons asked Dr. Ed Melinat if he attended previous publi meetings on this project. Campbell Planning Commission Minutes for March 25, 2008 Page 9 . Dr. Ed Melinat replied yes. Mr. John Meduri, Resident on EI Caminito: · Stated he is concerned that economic viability for this project ight take precedence over the project's fit into this area. · Questioned why the driveway access could not come from Winchester rather than EI Caminito. Chair Roseberry assured Mr. John Meduri that the Planning Commission d es not use economic viability as a means of evaluating a project. Ms. Terri Yoshimura, Resident on EI Caminito: · Stated that she has been in this neighborhood for more than 40 yea s and has seen lots of changes, including a lot of improvements. · Said that she is afraid this project would not add to the neighborhood. Of the two parcels, only one had access onto EI Caminito. . Said that there is not a lot of room to safely turn onto Winchester. Ms. Charmaine Paul, Resident on EI Caminito: . Expressed her agreement with the comments of previous speakers. · Advised that she is a 53 year residence of the neighborhood and Ii es on the adjacent parcel. · Reported that a couple of days ago she witnessed a situation whereby a man in a wheelchair was crossing EI Caminito in a crosswalk while four cars c me around and almost hit him. · Said that this project consists of beautiful architecture that would smaller. As it is, it is a monstrosity. Mr. Ron Whelan, Resident on EI Caminito: · Said he too agrees with the other speakers this evening. · Stated that there is not enough parking provided. · Questioned why the street could not be blocked off, making it a dead end street beyond the Paul's Print Center. . Stated that the intersection is a death trap and reported that the cross alk is not legal. · Said that this bad intersection is getting to be really dangerous, really ba Mr. Jim Paul, Resident on EI Caminito: . Explained that he is Charmaine Paul's son. · Said that this style of project, once it goes up, stays there a long time. . Reported that traffic in the neighborhood is bad and everyone is under p rked. · Questioned the shared parking assumption as well as the projected u e of Light Rail. . Declared this project to be too big. · Advised that he has lived in this neighborhood on and off his whole life. · Reiterated that this project is too big and under parked. Campbell Planning Commission Minutes for March 25, 2008 Page 10 Ms. Connie Perez, Resident on EI Caminito: . Said that she is concerned for the children in the neighborhood as well s people in wheelchairs. . Stated that traffic is horrible, especially since Light Rail. · Reported that she baby sits little children. · Said that the project itself is beautiful but just needs to be condensed. Mr. Jim Fulton, Project Architect, ArcTec: · Distributed a handout that addresses a couple of points raised. · Pointed out that there was an error in the staff report. The site is not 12 spaces short. It is short by seven (7) spaces. He added that there are six o-bedroom units. . Reported that the Traffic Report indicates that this project will not result in a loss of intersection levels of service. · Said that there are lots of underground parking structures and ppropriate waterproofing is utilized. · Added that they have worked with a Civil Engineer on the issue 0 the slope necessary to accommodate the underground parking. . Gave a history of the project: o January 2007 - Gathered information. o February 2007 - Submitted preliminary application. o March 2007 - Received staff response. At the time, they received n example of a three-story project from staff, which became the basis for the s art of their design. o Lexmar bought the property. o Prepared a plan that was 13 feet below the maximum allowed heigh of 55 feet. The included Design Guidelines into their application. o August 2007 - Staff feedback was received. o September 2007 - Their new design was presented at a Study Sessi n and was well received. o September - December 2007 - the plans were modified. o December 2007 - the plans were resubmitted. o February 2008 - the Traffic Study was completed. o March 11, 2008 - SARC reviewed the project. o March 21,2008 - Received agenda with staff report that recommend d denial of approval. This recommendation was a shock. o November 2007 - tore town the existing structures on the site. .. Said that this process is frustrating and confusing. . Added that they have worked so closely with staff and all of a sudden staff is not supportive. . Pointed out that a lot of time and money has been invested in this proje t and they have met the guidelines given. Commissioner Ebner asked if staff ever recommended a two-story structure Campbell Planning Commission Minutes for March 25, 2008 Mr. Jim Fulton replied no. Commissioner Ebner asked if every example given was of a three-story. Mr. Jim Fulton replied yes, most. Page 11 Commissioner Doorley pointed out that the central issue that as clearly communicated by staff and the Planning Commission was the issue of m ssing. He said if the maximum allows three stories and the minimum two stories, maybe the answer is two. He said that the massing never changed much and it is the ey issue. Mr. Jim Fulton said that the massing today is much different than what w s originally presented. He advised that they considered whether a two-story is fea ible and it doesn't pencil out. Commissioner Doorley said there is an appearance of mass versus actual assing. Commissioner Rocha pointed out that despite the perception that this proje t review is taking a long time, if this project were in Los Gatos, this would be con idered fast track. He recounted that he just did one project in Los Gatos that took two ears. Mr. Jim Fulton said that Campbell's process is on par with Los Gatos'. Commissioner Rocha said that he passes this neighborhood every day. He added that he spoke to the issue of mass at the Study Session. He stressed the urrounding neighbors' concerns regarding traffic and parking. Chair Roseberry asked Mr. Jim Fulton how many people attended their Ne ghborhood Outreach Meeting. Mr. Jim Fulton replied between 20 and 25. Chair Roseberry asked about the general comments received at that meetin Mr. Jim Fulton said that there were issues of massing, traffic/parking a d existing traffic. The idea of blocking off the street was raised. Overall, it was m inly traffic concern. Chair Roseberry said that the inclusion of two trees within the northwest lawn area seemed like a challenge as there is no soil over that area. Mr. Jim Fulton said that the trees would have to be pushed back. Chair Roseberry asked about the finish floor versus natural grade heights. Mr. Jim Fulton replied that the site is relative flat. Campbell Planning Commission Minutes for March 25, 2008 Page 12 Chair Roseberry said that the finish floor appears to be at 2.09. He asked plan, where the elevator comes up and where machinery would be located. Mr. Jim Fulton said that there would be an elevator machine room and hey would have to modify the design to accommodate it. Chair Roseberry said that the elevator tower usually is higher than the roof. Mr. Jim Fulton said that he did not think it would protrude. Chair Roseberry questioned the location of the trash enclosure on the slope Mr. Jim Fulton said that it would be a three-tiered slope. Chair Roseberry asked about the drainage plan, including the swale in th southwest corner. It appears that there will be 300 to 400 feet of storm drain. Mr. Jim Fulton said that site drainage is carefully calculated by a Civil Engin er. Chair Roseberry asked Mr. Jim Fulton if he is familiar with bulb outs. Mr. Jim Fulton agreed that they can help create a nice corner. Chair Roseberry asked Mr. Jim Fulton if is not opposed to including them. Mr. Jim Fulton replied no. Commissioner Alderete reminded that the concept of block off the stree has been raised. While it would be the jurisdiction of the Public Works Department t determine the feasibility of that step, would the applicant be amiable to it? Mr. Jim Fulton replied yes. Commissioner Alderete asked if that support includes bearing the cost. Mr. Jim Fulton said that he is just the architect and does not want to sp ak for the owner on that issue. Mr. Mark Donati, Lexmar Development: . Said that this process started a year ago. · Said that it is his belief that it is better to work with a City's Planning staff. · Advised that they have redesigned this project three times and had h ped for a recommendation of approval from staff. . Added that he thought they had accomplished that goal and it was only when they received the staff report yesterday that they realized they had not. . Expressed frustration with the change in staff's recommendation. Campbell Planning Commission Minutes for March 25, 2008 Page 13 . Stated that he was unaware of the influence of SARC's concerns n the staff recommendation. . Said that he feels as if the rug has been pulled out from under him. . Stated that he has the right as a property owner to develop his property. . Added that he is still willing to come up with a project that everyone can be proud of. · Said that right now there is no tax revenue for the City with this property sitting as a piece of raw land. . Said he is looking forward to a decision. Commissioner Gibbons told Mr. Mark Donati that his team worked dili ently and created a very nice project. Commissioner Alderete: · Thanked Mr. Mark Donati for being here and mirrored the co ments of Commissioner Gibbons. · Asked Mr. Mark Donati if he would be willing to cover the cost of the roa closure. Mr. Mark Donati: · Said that while he is all for this, this is a business and he would have t weigh his options. If it is a reasonable cost, it could be absorbed. However, it ha to be fair, equitable and reasonable. . Assured that he is open to the idea. Chair Roseberry closed the Public Hearing for Agenda Item NO.1. Commissioner Doorley: . Stated that he does not see a problem with staff changing its mind ba ed upon a public meeting with several members of the Planning Commission. · Reminded that it is the purpose of SARC to bring to light issues and he that staff takes input from that. · Agreed that the applicant has made many changes. · Added that the only issue that hasn't changed is that the project is too bi . Said that parking is usually the place that shows when a project is too bi . · Agreed that the property owner has the right to develop his property ut has no right to a parking variance or any other kind of variance. He has a right 0 a project that is conforming to all Codes with no exceptions, unless there is a vi ble reason for an exception. . Reminded that this project is proposed for a nearly uniform community rom which there is opposition. . Said that he is inclined to support the staff recommendation for denial. Commissioner Gibbons: · Said that there are three things to talk about: history, overall design ssues and conclusions. · Said that she tries hard to be objective in her 10 years on the Commissio . Campbell Planning Commission Minutes for March 25, 2008 Page 14 . Stated that the architect and applicant have clearly demonstrated a willingness to work with the City and staff to develop a quality project. . Reported that she attended the Study Session in September 2007 as ell as the recent SARC meeting. . Advised that a strong concern regarding massing was raised at the Stu y Session and the same concerns about massing were clearly reiterated two week ago at the SARC meeting. · Said that staff has done a fair job covering the issues discussed this eve ing. · Reported that as for design issues, a lot of changes are happening in Campbell. There is often the need to consolidate parcels. . Added that Zoning provides the tools to support those goals. While th guidelines set maximum standards, the maximum is not always the best option. ot going to the maximum has been an issue for quite some time. Rather, the maxi um has to be negotiated, especially with issues such as parking and FAR. . Stated that traffic is clearly an issue in that neighborhood. . Said that the uniqueness of our neighborhoods is important. · Suggested that despite the conclusions of the Traffic Study, the addi ion of 365 daily trips would have a humongous impact on that intersection. . Added that closure of the street would just move the problem and that i ea should not be on the table. . Said that staff did a superb job working with the Planning Commission a d wants to work for the best project for the City. . Pointed out that the FAR at .32 is reached only because the project do to count the residential square footage. With all of the building squ included, the FAR is .76. . Said that there are concerns with the driveway locations and sight line trouble with positioning a dumpster on a sloping surface. · Stated that shared parking has to be discussed. It is harder to apply the concept of shared parking for smaller projects. · Suggested that bulb outs would be helpful to EI Caminito but not Winche ter. . Reminded that there is no parking on Winchester at that section. . Stated that she really likes the building and would like to see it in Camp ell but that two stories would be great with the driveway off Winchester and not EI C minito. . Announced that she cannot support this proposal. Commissioner Alderete said that all has been said. He stated that he app ciates the points raised and has nothing to add. Commissioner Rocha: · Stated that story poles would have been helpful to show the size and s Ihouette of this project. He opined that the cost would not have been prohibitive. . Suggested that the City consider asking this developer to put up story pies to help with understanding how the building lays out on a site. Commissioner Ebner: . Agreed that the architect has been great and created a beautiful building Campbell Planning Commission Minutes for March 25, 2008 Page 15 · Said that he hopes there is a way this project can pencil out for him. . Stated that traffic impacts throughout the City are phenomenal and eve one needs to stick together and figure out how to remedy traffic impacts. · Recounted that he deals with cut through traffic on Milton. Acting Director Jackie C. Young Lind: · Said she would like to respond to issues raised in the applicant's hand ut that was distributed this evening. · Said she must point out that there have been numerous documents pro ided to the applicant that expressed the project's issues. · Advised that in February 2007, the pre-application was submitted th t was very preliminary that included ground floor retail with office above. Office ould have more of a parking impact and staff did comment on that. . Said that a formal application was submitted in July 2007 (five m nths later). Comments were provided by staff within 30 days via an incompletene s letter on August 13, 2007. That letter said the following: "The large scale of th proposed three story building, as it relates to the predominate single-story reside ces to the west and the smaller commercial buildings along Winchester Boul vard, is of concern." The letter also discussed the surrounding uses and concer s that staff had including massing. · Reported that the project was sent to the City's Architectural Advisor for review. While the memo received from the applicant this evening referen ed a few examples of three-story buildings that were provided by the Architectu al Advisor, some of those examples have setbacks as the floors continue back. T e samples provided simply represent a selective page from the Architectural Advi or's report. That same report from the Architectural Advisor also wrote, "This is a very heavy mass and not very sensitive as an entry edge to an existing si gle family neighborhood," so again this is a selective page. . Added that when staff took the project to a Study Session before t e Planning Commission on September 11,2007, on page 3 of the briefing book taff wrote, "Staff has concerns regarding the large scale of the proposed three-st ry building as it relates to the predominately single-story residences to the we t..." The Architectural Advisor's report was attached. . Assured that massing is something that was discussed during the proce s. . Said that she completely acknowledges that the developer has rede igned this project three times and opened up the mass at the corner. They ave been extremely responsive to architectural comments including providing a expanded setback to the one adjacent single-family dwelling to the text. . Advised that as far as time is concerned, the project was submitted by t e applicant in July 2007. Staff responded within 30 days with an initial comme t letter. A Study Session was held one month later, in September 2007. It took t e applicant 60 days to get comments back, which were received in December 20 7. It took two months to process the Traffic Report. . Stated that, in essence, Planning staff responded to this application in ~ ur months' time and she wanted to make it clear what staff interaction has been. Campbell Planning Commission Minutes for March 25, 2008 Page 16 · Said that she completely agrees that the applicant has been very respo sive to the architectural comments and to making improvements and so fourth. T e question has always been, "is this compatible with the adjacent neighborhoo?" That's really what we're left with. Chair Roseberry: · Said that this is a beautiful project, a good project, but not perfect. · Said that this is a time where we're seeing a lot of change in Camp ell, in fact encouraging change in Campbell. · Said that we're looking forward to more development along Winchester. · Recounted that when reading the letter from the applicant, one thing ju ped out at him, the concept of this being an extension of downtown. · Said that it would be easier if the project were not adjacent to a residential neighborhood. · Stated that there is a challenge with one size fits all zoning. · Suggested that the applicant look at stepping into it using a smaller scal project. · Admitted that the flaw of the project is parking. If there was adequat parking, it would be difficult to say one does not like this project. · Added that there is no way to solve this with a parking exception. Pa ing simply does not work with this project. · Said that while this is a beautiful project, it needs work. Without th t work, he cannot go with it. City Attorney suggested amendments to the findings as follows: · Condition 2 - The proposed mixed-use project is not consistent with the PD Zoning District in that the project is surrounded by predominately single-sto structures while the current project is three-stories in height and not of a hum n scale or massing. · Add a finding about site circulation being inadequate with inadequate lin s of sight. Acting Director Jackie C. Young Lind clarified for Finding 2 that the site is not surrounded by single-story but adjacent to single-story. Commissioner Gibbons said that unique nature of the offset placement of the driveway are problematic. Motion: Upon motion of Commissioner Rocha, seconded by Co missioner Gibbons, the Planning Commission adopted Resolution No. 3878 recommending that the City Council deny a Planned De elopment Permit (PLN2007-113) to allow the construction of a tree-story mixed-use building with 6,879 square feet of comme cial retail space and nine apartments on property owned b Lexmar Development located at 2295 & 2305 S. Winchester Bou evard, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gibbons, and Roseberry Campbell Planning Commission Minutes for March 25, 2008 Page 17 NOES: ABSENT: ABSTAIN: None Gairaud None Chair Roseberry advised that this item would be considered by Council fo final action at its meeting of April 15, 2008. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Jackie C. Young Lind, Acting Director, was ccepted as presented with the following additions: · Reported that at its meeting on March 18, 2008, Council considered number of items of interest to the Planning Commission: o Held a Study Session on the subject of expressive activitie , smoking establishments, medical marijuana and adult businesses. Coun il provided recommendations similar to those of the Planning Commission, ut did not support public hearings for adult businesses as the allowable revie criteria are not discretionary. o Council took action approving the Planned Development for 190 Sun yside. o Council upheld an appeal and overturned the Planning Commissio s condition of approval to require the lowering of the plate height from 10 feet to 8 feet for a recently approved single-family residence. o Advised that Council reinstated a PD Permit for a five unit town home project at 549 W. Rincon Avenue. o Approved an Authorization to Proceed for a General Plan Amend ent for the Milk Farm site located at San Tomas Aquino Road and Smith Av nue. The Commission will soon see this project in a Study Session. Planner Tim J. Haley advised that the project site includes three properties. Chair Roseberry asked how large the project would be. Planner Tim J. Haley said it would include four units. Acting Director Jackie C. Young Lind continued: . Reported that the recommendations for the CDBG Block Grant for 20 8/09 were approved including $135,000 in Redevelopment funds for a senior housi g project. . Reported that Council approved a reclassification of planning staff positi n titles. . Advised that on April 8th, there would be a SARC meeting but th Planning Commission meeting will be cancelled. . Informed that on April 29th a joint Study Session with City Council and t e Planning Commission would be held to review the planning process. Campbell Planning Commission Minutes for March 25, 2008 Page 18 ADJOURNMENT The Planning Commission meeting adjourned at 9:51 p.m. to the ne Regular Planning Commission Meeting of April 22, 2008. SUBMITTED BY: APPROVED BY: &f:eoo&h ATTEST: ing Secretary