Loading...
PC Min - 02/10/2009CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. FEBRUARY 10, 2009 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of February 10, 2009, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Ebner and the following proceedings were had, to wit: ROLL CALL Commissioners Present Commissioners Absent Staff Present: APPROVAL OF MINUTES Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Mark Ebner Elizabeth Gibbons Bob Alderete Theresa Alster Gary Gairaud Michael Rocha Commissioner: Bob Roseberry Interim CDD Director: Ciddy Wordell Acting Principal Planner: Tim J. Haley Assistant Planner: Daniel Fama Traffic Engineer: Matthew Jue City Attorney: William Seligmann Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission minutes of the meeting of January 27, 2009, were approved as submitted with an correction to page 33. (7-0) COMMUNICATIONS 1. Letter from applicant for Agenda Item No. 3 2. Letter from Ms. Heather Sutton re Agenda Item No. 3. 3. Revised conditions of approval for Agenda Item No. 3. Campbell Planning Commission Minutes for February 10, 2009 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Commissioner Alderete advised that he would have to recues himself from Item No. 1 as he resides within noticing distance. He left the chambers. Chair Ebner read Agenda Item No. 1 into the record as follows: PLN2009-02 Public Hearing to consider the application of Ms. Patricia Santini, P. Santini, on behalf of Campbell HHG Hotel Development, LP, for a Conditional Use Permit (PLN2009-02) to allow a general on-sale liquor license (alcohol service for restaurant, bar and room service) in conjunction with a new hotel on property owned by Campbell HHG Hotel Development, LP, located at 655 Creekside Way in a P-D (Planned Development) 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: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking Conditional Use Permit approval for a general on-sale liquor license in conjunction with a new hotel to allow for alcohol sales for consumption on site within a restaurant and bar as well as in guest rooms via room service. • Explained that a new Marriott was approved by Council on July 17, 2007, with 162 guest rooms and 24-hour late night operations. • Reported that business hours for the hotel restaurant would be from 6:30 a.m. to 10 p.m. Bar hours would be between 5 p.m. and 12 a.m. Room service would be available from 5 a.m. to closing of the hotel restaurant at 10 p.m. • Added that the restaurant/bar would be located on the first floor, directly behind the lobby. There are 42 seats in the restaurant and 8 seats at the bar. There is also a lounge with 29 seats. Total seating is 79 seats. • Said that while the applicant's request does not include a request for outdoor seating or alcohol services, to allow flexibility in the future staff has recommended a provision for outdoor seating with 20 seats together with outdoor service of alcohol. Campbell Planning Commission Minutes for February 10, 2009 Page 3 • Stated that P-D Zoning allows for a liquor license with issuance of a Conditional Use Permit. Other alcohol establishments nearby include, Erik's Deli, The Garrett, Campbell Billiards, Chipotle, Hooters and various restaurants and bars located at the Pruneyard. • Said that the Police Department has reviewed this application and has no concerns or objections to the proposal. • Recommended the adoption of a resolution approving this Conditional Use Permit, subject to the conditions of approval. Commissioner Rocha asked Planner Daniel Fama for the standard parking requirement for bars and restaurants. Planner Daniel Fama said one space for every three seats. He added that this hotel was developed with parking that included the restaurant. Commissioner Gibbons asked how many seats were projected for that approved restaurant. Planner Daniel Fama replied that it wasn't specified. He added that this restaurant caters to the guests of the hotel rather than gearing to the broader public. Commissioner Gibbons asked if this application for abar/lounge and cafe was different than the original approval for a restaurant. Planner Daniel Fama explained that tonight's approval would now provide a limitation on seats. Previously, that really didn't exist in that approval. Commissioner Gibbons asked if there wasn't a specific square footage associated with the restaurant. Was there no floor plan of area? Planner Daniel Fama reported that there was a conceptual floor plan that indicated that the restaurant would be located on the ground floor but it was conceptual. These plans are actually from the approved building set that is being used currently to build the hotel. Commissioner Gibbons asked if staff compared the area to the original approval. Planner Daniel Fama replied that what is shown here is more or less what was shown originally. Commissioner Gibbons said that staff's parking projection of one parking space for every three seats equals a requirement for 30 parking spaces. She asked for verification on the number of hotel rooms. Planner Daniel Fama replied 162. Campbell Planning Commission Minutes for February 10, 2009 Page 4 Commissioner Gairaud said that the hours for outdoor services seemed early. He said he was not sure why this was necessary. Planner Daniel Fama said that the restaurant would be allowed to be open at 6:30 a.m. but he could not say for sure if outdoor seating would be used at that time. Commissioner Gairaud said that since this proposed Use Permit is attaching alcohol service, no one would have to eat. They could just go and have a drink at 6:30 in the morning outside as the conditions of approval are drafted. That seems early. Planner Daniel Fama said that he was not sure if the restaurant would serve alcohol on its breakfast menu. Commissioner Gairaud said that in theory alcohol service could be provided by room service or even the bar. Planner Daniel Fama agreed, saying perhaps serving Mimosas. Chair Ebner opened the Public Hearing for Agenda Item No. 1. Chair Ebner closed the Public Hearing for Agenda Item No. 1. Commissioner Rocha said that given the location of the hotel, the likelihood was that it would mostly serve guests of the hotel. However, if it becomes a magnet, it could easily exceed the 30 parking spaces allocated for it. That is his only fear. Other than that, he said he really doesn't have a problem with this request. Chair Ebner asked about the possibility of a wedding reception or other larger function. Planner Daniel Fama said that he did not believe the hotel had a banquet hall. They do have a conference room. Chair Ebner added that sound could carry from this site to neighboring sites. Are there any plans for a sound wall? Acting Principal Planner Tim J. Haley advised that there is already a sound wall in place as this property borders the exit of the freeway. The sound wall is located between the hotel and the exit from the freeway. In terms of neighboring uses, there really are none to the hotel itself. There is an office building approved in the future that would be adjacent to it. Chair Ebner thanked staff for that clarification. Commissioner Gibbons: • Stated her agreement with Commissioner Gairaud's concerns about hours of alcohol sales. Campbell Planning Commission Minutes for February 10, 2009 Page 5 • Said that looking at Condition 7, she is okay with the stated restaurant hours. The bar hours seem reasonable. Said that the 5 a.m. start for room service is open to some discussion. Outdoor service should not be allowed at 6:30 a.m. but rather should not start until after 3 p.m. and to 10 p.m. • Advised that parking has been an issue for her. • Recommended that this hotel participate in the MTC program whereby public transportation options are offered to employees. • Added that this site is a little dense for her taste especially when the hotel is fully occupied and staffed. • Continued that she is reasonably okay with it due to its proximity to public transit. • Suggested a clarification regarding the hours that alcohol service are allowed. • Pointed to the standard condition of approval (17-b) that allows the Community Development Director to modify hours if complaints are received. Chair Ebner pointed out that as for the allowable hours for outdoor alcohol service, he can imagine Sunday brunch with Mimosas or Bloody Mary's being served. Commissioner Rocha said that it might be prudent to allow adult beverages at lunch too and questioned the restriction of service to only after 3 p.m. He continued that the peak hours are probably going to be between lunch and early evening. He agreed that brunch service was also very likely. Chair Ebner suggested allowing alcohol service for a longer period at the outdoor seating for Sundays. Commissioner Alster: • Stated that she likes the existing hours included in the staff report. • Pointed out that since this hotel is located close to San Jose International Airport, people will be coming in from different time zones. • Added that she didn't want Campbell to be seen as too provincial. • Advised that Twist Cafe serves alcohol with its brunch. Commissioner Gairaud said that these are good points. He added that he is still inclined to have the start time for outdoor alcohol service start later perhaps at 9 or 10 a.m. Commissioner Alster said 9 a.m. is okay with her. Chair Ebner asked if this recommendation is only for Sundays. Commissioner Rocha replied, daily. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Gairaud, the Planning Commission adopted Resolution No. 3928 approving a Conditional Use Permit (PLN2009-02) to allow a general on-sale liquor license (alcohol service for restaurant, bar and room Campbell Planning Commission Minutes for February 10, 2009 Page 6 service) in conjunction with a new hotel on property owned by Campbell HHG Hotel Development, LP, located at 655 Creekside Way, modifying the allowable alcohol service hours for the outdoor seating to 9 a.m. through 10 p.m., by the following roll call vote: AYES: Alster, Ebner, Gairaud, Gibbons and Rocha NOES: None ABSENT: Roseberry ABSTAIN: Alderete Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Commissioner Alderete returned to the chambers and dais. *** Chair Ebner read Agenda Item No. 2 into the record as follows: 2. PLN2009-05 Public Hearing to consider the application of Ms. Susan Chen, S. Chen for a Conditional Use Permit (PLN2009-05) to allow the establishment of medical office (Chinese internal medicine clinic) on property owned by Two-Forty Associates located at 330 E. Hamilton Avenue, Unit 6, in a C-2-S (General 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: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Reported that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a medical office in an existing retail space. The project site is located on the south side of E. Hamilton Avenue, between Third Street and N. Central Avenue. • Said that the site is zoned C-2 (General Commercial), which allows a medical office use with a Conditional Use Permit. The site abuts single-family residences to the south and various commercial and professional offices to the east and west. • Said that the proposed use would be located within an existing retail commercial building in a tenant space that represents approximately 11 percent of the building floor area. • Advised that this business would be operated by a licensed acupuncturist as a Chinese internal medicine clinic. The clinic would provide a variety of alternative medical services including acupuncture, deep tissue massage, acupressure and reflexology. • Reported that the applicant's written statement indicates that this establishment would employ two full-time employees and serve an average of six patients per day. Campbell Planning Commission Minutes for February 10, 2009 Page 7 • Stated that the proposed business hours are between 10:30 a.m. to 9 p.m. daily. • Said that to provide flexibility for the use, staff is recommending allowable business hours between 8 am. and 9 p.m. and operational hours between 7 a.m. and 10 p.m. • Informed that the project site was approved with 82 parking spaces where only 59 were required. As a result, this tenant's pro-rata share of parking is nine spaces where only seven are required, yielding a parking surplus of two spaces. • Recommended that the Planning Commission adopt a resolution approving this Conditional Use Permit with conditions of approval. Chair Ebner opened the Public Hearing for Agenda Item No. 2. Chair Ebner closed the Public Hearing for Agenda Item No. 2. Commissioner Gibbons pointed out that these are very conceptual floor plans and the Building Department is the one that reviews interior plans. Motion: Upon motion Commissioner Resolution No. 05) to allow the medicine clinic located at 330 E vote: of Commissioner Gairaud, seconded by Rocha, the Planning Commission adopted 3929 granting a Conditional Use Permit (PLN2009- establishment of a medical office (Chinese internal on property owned by Two-Forty Associates . Hamilton Avenue, Unit 6, by the following roll call AYES: Alderete, Alster, Ebner, Gairaud, Gibbons and Rocha NOES: None ABSENT: Roseberry ABSTAIN: None Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Ebner read Agenda Item No. 3 into the record as follows: 3. PLN2007-172(ZC) Public Hearing to consider the application of Ms. Jennifer PLN2007-173(PD) Skillings, on behalf of Santa Clara Development, for a Zone PLN2007-174(TS) Change (PLN2007-172) from P-D (Planned Development) PLN2007-175(TRP) to C-PD (Condominium-Planned Development); a Planned Skillings, J. Development Permit (PLN2007-173) to allow amixed-use development to include 11,149 square feet of retail space with 6 live/work units and 37 residential units above, and 65 residential units at the rear of the site; a Tentative Vesting Subdivision Map (PLN2007-174) to create 22 lots and 108 condominium parcels; and a Tree Removal Permit (PLN2007-175) to allow the removal of 33 trees on property owned by Alvin B. Chan, Inc., located at 651, 655 & 671 W. Hamilton Avenue in a P-D (Planned Development) Zoning District. A Mitigated Negative Declaration has been Campbell Planning Commission Minutes for February 10, 2009 Page 8 prepared for this project. Tentative City Council Meeting Date: March 3, 2009. Project Planner: Tim J. Haley, Acting Principal Planner Mr. Tim J. Haley, Acting Principal Planner, presented the staff report as follows: • Explained that the applicant is seeking to redevelop an existing shopping center located at the corner of San Tomas Expressway and W. Hamilton Avenue. The center consists of 40,000 square feet of retail space that is fairly dated and not well maintained at this point. • Said that the project site is bounded on the north by a Buddhist Temple; to the east by San Tomas Expressway and San Tomas Creek; to the south is Hamilton Avenue; at the corner of the property is a Del Taco; and on the western perimeter is Daryl Drive. • Said that the request is to redevelop the site with amixed-use development. • Added that the General Plan indicates amixed-use is permitted on the site. The site is currently zoned P-D (Planned Development). • Stated that the proposal would allow the construction of a mixed-use building toward the Hamilton Avenue frontage of the site. The ground floor would be 11,149 square feet of retail space with 42 condos above it in a four-story building format in two buildings. • Said that the rear portion of the site is proposed in a three-story format and would be 65 units. The style of the residential units at the rear is a townhome style with garages on the ground floor and two levels of residence use above. • Stated that the overall density of the proposed development would be 22.8 units per gross acre. The maximum permitted under the current General Plan would be 27 units per gross acre. • Reported that the applicant is requesting approval of a Zone Change from P-D (Planned Development) to C-PD (Condominium-Planned Development), which is required under the Ordinance to create condo units. The applicant is also seeking approval of a PD Permit; a Vesting Tentative Subdivision Map and a Tree Removal Permit. • Reminded that the applicant has been before the Commission in Pre-Application and Study Session format. Most recently, SARC reviewed this project last Fall. • Added that the applicant has also met with neighboring homeowners associations as well as surrounding property owners. • Reported that table items distributed this evening include a letter from the President of one HOA; a letter from the applicant and revised conditions of approval drafted by staff. • Described the site layout as providing the mixed-use component at the southern portion of the site. The two building forms are separated by a pedestrian plaza area, which is connected through the site and is tied into the open space area at the northern portion of the site. The layout of the buildings in back is in rows that are staggered. There is quite a bit of stacking and articulation in the architectural elevations. The attached condos are articulated well with balconies as well as canopies over a lot of the window elements. Of the 108 residential units, 48 are in the mixed-use buildings over retail. Campbell Planning Commission Minutes for February 10, 2009 Page 9 • Clarified that the units over the retail are loft units rather than live/work units as previously described. • Said that on the northern portion of the site there are three-story townhome units with three bedroom/one bath and four bedroom/two bath formats. • Stated that landscaping along the street frontages would include the Hamilton Avenue Boulevard Standard with seven-foot sidewalk and 10-foot landscaping strip. Landscaping is proposed along the creek-side of the development. • Reported that subterranean parking would be located beneath the mixed-use buildings. The eastern end of the building would be depressed in terms of entering the garage at that location. • Said that the required open space is 54,000 square feet. The applicant has provided in excess of that using more common than private open spaces. • Described parking. Along the Hamilton Avenue frontage, 55 parking spaces are provided to serve the retail component where 56 are required. This is a deficiency of one space. • Said that the residential parking provision is 2.3 spaces per unit. The City's Ordinance is stringent at 3 to 3.5 spaces per unit. • Explained that the applicant has provided two studies from traffic engineers that would support a reduction in parking in this location due to the type of units proposed as well as the shared parking concept of duel uses on the site. • Said that there are two-car garages for the townhome units at the rear and a subterranean garage for the mixed-use buildings. Tandem parking is shown for some of the units in the mixed-use buildings and those would end up being assigned to the same residential unit in the mixed-use building. • Added that information has been provided by the applicant and in the report about ITE Parking Standards that would support a reduction in parking or an adjustment for this development. The applicant has provided a parking study of actual comparisons of other similar mixed-use projects in Santa Clara Valley. The project also supports the concept of shared parked or joint use of parking facilitated between the retail and residential components and a comparison of Campbell's parking standards relative to other communities' parking standards. • Continued that Campbell does require more parking for condos and townhomes than neighboring jurisdictions surrounding it. • Said that a traffic report was prepared in conjunction with this proposal. It provided credits for the existing 40,000 square feet of retail use on the site and the proposed mixed-use. The report determined that there would be a minimal increase in number of trips as a result of this development. • Recommended the adoption of resolutions recommending Council approve a Mitigated Negative Declaration; a Zone Change from P-D to C-PD; a Planned Development Permit subject to conditions of approval; a Vesting Tentative Subdivision Map; and a Tree Removal Permit. • Reminded that revised conditions for the PD have been provided for the Commission's consideration. One includes a limitation on the restaurant uses. Another requires a construction staging plan to ensure that the retail component was constructed. • Said that SARC did review this proposal. Campbell Planning Commission Minutes for February 10, 2009 Page 10 Commissioner Gairaud asked Planner Tim J. Haley if there is an established FAR (Floor Area Ratio) for condos in a PD development within the General Plan. Planner Tim J. Haley replied no. He added that the residential component is not incorporated into the retail component. Commissioner Gairaud said it appears the FAR is .62 when disregarding the mixed- use. He asked if there are comparisons to the Onyx and Creekside projects for a reference point. Planner Tim J. Haley said he did not have those figures this evening. In terms of parking, the projects are akin or similar. Commissioner Alster asked if the replacement ratio for the removal of 33 protected trees is actually three times as many new trees to replace those removed. Planner Tim J. Haley said typically the replacement ratio is one to one, depending on the size of tree that is being replaced. Commissioner Gibbons clarified that there are two requirements for trees. One is the landscaping requirement and the other is tree replacement. Planner Tim J. Haley replied, correct. He added that the character of this site is changing from commercial to residential, which offers much more opportunity for landscaping. Commissioner Gibbons reiterated that it is a range of reasons for the 100 trees to be planted and not a specific three to one replacement standard. She sought clarification on the size of proposed parking stalls. They seem to be 16 feet by 8.5 feet with the assumption of a two-foot overhang. Is that correct, in general? Planner Tim J. Haley advised that they are using a uninstall size with an 18-foot depth. Commissioner Gibbons added, with atwo-foot overhang. She asked when there is a two-foot overhang for parking, does that overhang area also get calculated as landscape area. Planner Tim J. Haley said that it is depending on if the overhang is over landscaping or sidewalk. Commissioner Alderete: • Asked how staff sees the parking deficiencies and adjustments granted for the Creekside and Onyx developments are akin to this project. How is that relevant when those projects were predicated on the fact that those locations were practically sitting on top of a Light Rail Station? There was a presumed lowering of the requirement or need for as many vehicles. Campbell Planning Commission Minutes for February 10, 2009 Page 11 • Added that it seems like we're extrapolating that kind of argument. While it's similar numerically, what's the justification behind it? Planner Tim J. Haley: • Said it is akin as far as parking ratio. • Agreed that this site is not located in close proximity to mass transit although it is close to bus service on Hamilton Avenue. • Added that there are bus stops both at Del Taco and across the street. • Reiterated that there is no proximity to Light Rail. • Continued that it is more predicated on shared parking between the uses as well as the ITE Standards in terms of parking, which recommends substantially less parking than is being provided here by the site. Commissioner Alderete: • Said that the residential parking has its own deficiency. Why is that? • Added that in the report, there is a 07/08 Work Plan Item, which finds that the City's condo/townhome parking standard exceeds neighboring jurisdictions" standards. • Continued to say, our standard is higher and that's not necessarily a bad thing. Just because other cities are doing it doesn't mean necessarily that we need to adopt it. • Said he would ask this of the applicant too. • Stated that it seems like we're making every argument possible to get around our own parking standard. We're even saying that our own parking standard differs greatly with neighboring jurisdictions. • Asked if we have a problem with our own parking standards? Is our parking standard okay but there are unique circumstances that have to be taken into consideration? Planner Tim J. Haley: • Said that he would say that if you made a comparison of our parking standards to neighboring communities', we would have an exceedingly high parking demand for condos and townhomes. • Added that where we've seemed to experience most of the issues and requests for parking adjustments tends to be in the higher density developments that we've seen when they are ranging over 20 units per gross acre. • Reported that in the Downtown Area, where there is mixed-use development, two parking spaces are required per residential unit whereas this particular application requires 3 and 3.5 spaces per unit. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: • Said that SARC reviewed this project at its meeting on October 14, 2008. • Listed the following comments provided by SARC: o Suggested that the project strive for Build It Green certification. o Expressed concern that the project was under parked and that the proposed tandem parking may prove to be problematic. Campbell Planning Commission Minutes for February 10, 2009 Page 12 Chair Ebner opened the Public Hearing for Agenda Item No. 3. Mr. Mark Robson, Applicant, Santa Clara Development: • Introduced his team: Barry Elbasani from ELS; Gary Black with Hexigon Traffic Engineering; Jennifer Skillings and John Garcia, Project Managers; and Kurt Shenefiel from Compass Management. • Said that this project has been in the process since Winter 2006. They have worked closely with the City. They met twice with the Planning Commission and had a Study Session with Council. They also had two meetings with neighborhood associations where 100 plus were in attendance at each. They met with the neighbors to the north (Buddhist Temple) as well as with the neighbors to the west (Del Taco) as well as countless meetings with staff. • Continued that along the way, they have had a lot of comments and suggestions and have made a lot of changes to the project. It has changed substantially along the way. • Said that their goal is to build an outstanding mixed-use gathering place on this site. A place for people to come and to gather. To really create a sense of place. He said that he thinks that they have accomplished that. • Said that since the meeting with the Planning Commission last May (2008); the project has evolved quite a bit. • Described changes along the Buddhist Temple side. There used to be a solid building here. It has been broken up and now interfaces much better. Dead ends have been eliminated. Circulation is right and fire engines can get through. It also allowed them to add guest parking along there. • Said that where there was once a blank wall, they have activated both sides of the street so there is now articulation on that wall. This will improve the overall character of the entire neighborhood. They have added an underground garage at great cost. It works much better and provides secured parking for the condos located above the retail. • Reminded that two traffic reports were done. One was commissioned by the City (DKS). He reported that his company also commissioned a report. He explained that they plan to hang onto this building so they wanted to know that this will work. Both reports concluded that there is surplus parking. • Reported that use patterns in the Bay Area are consistent with IBE Standards. They studied the shared parking and how it would work. They went to Downtown Campbell and studied the parking there. Consistent with what the two Traffic Engineers concluded, there is plenty of parking. • Added that he also went to Compass Management, which manages over 14,000 units in the Bay Area, and asked them to help develop a Parking Management Plan. That is a requirement in the report. He said that he wants to make sure it really works and Kurt is here from Compass Management to answer questions tonight. • Stated that his team has worked long and hard. Many man hours have been devoted. This is a very, very exciting development. It is a very unique and special place. It is an attractive and different development that sets this project apart. Campbell Planning Commission Minutes for February 10, 2009 Page 13 Mr. Barry Elbasani, ELS, Berkeley: • Reported that there have been many meetings with the City, community and in- house. • Stated that this project should be the model for those along Hamilton Avenue. It will incorporate an appearance of an urban village frontage along Hamilton Avenue. • Said that the project is more than frontage. It offers places to gather. • Recounted that the original proposal presented a different fagade. They were told that the buildings were too high, the facades too vertical, the walls too tall, it was canyon-like in appearance and the architecture was contemporary but undefined. • Stated that this project is now better and more refined. They have spread the space out more. They have switched units. They have softened space by creating a series of terraces. The mixed-use building has been reduced by one floor. • Said that they feel their architectural style, called Modern Pueblo by some, is timeless to them. It includes very active space with acafe/restaurant experience. There are active and passive spaces and lush landscaping. There is life on both sides. There is a public trellis area on the roof that serves as a shared balcony. Mr. Mark Robson advised that the Traffic Engineer hired by the City is here this evening and can address the adequacy of guest parking. Mr. Mark Spenser, Traffic Engineer, DKS Associates: • Explained that he was retained by the City to provide traffic analysis. • Added that he also did the analysis for the Onyx and Creekside developments. • Agreed that there are differences as this project is not located right on the Light Rail. • Advised that he looked at similar developments. • Said that while the parking provided is not going to satisfy the City's current parking standards, the project will be adequately parked. • Stated that one has to look at each project separately. • Assured that parking is adequate here using shared parking ratios. • Added that he was careful in considering the Del Taco site to make sure that any potential impacts to their site were minimized. Commissioner Alderete: • Thanked Mr. Mark Spenser for addressing that issue. • Said that there is some core where he fundamentally disagrees in regards to traffic analysis. • Asked Mr. Mark Spenser to speak to the issue of tandem parking. • Reported that he has helped to manage his HOA for the last 30 years and it can be difficult to maintain compliance with its CC&Rs provisions. Mr. Mark Spenser: • Explained that tandem parking works when the two spaces are owned by the same unit/owner/family. Campbell Planning Commission Minutes for February 10, 2009 Page 14 • Added that he would not want to see tandem parking implemented where the tandem spaces are used by owners from different units. But when they are used within the same family or unit structure, it makes a lot of sense because it saves space. • Stated that he has seen a lot of developments (20 projects over 10 years) using tandem spaces and there are very few complaints. It is important that the spaces are adequately designed. • Said that as a management practice, tandem parking is pretty good. Commissioner Alster asked for clarification that in addition to two dedicated spaces for each residential unit, the residents' guests could also use the commercial spaces. Is that correct? Planner Tim J. Haley clarified that some of the smaller residential units (studios and one-bedroom units) in the mixed-use building that will be utilizing the subterranean garage will have one space allocated. Commissioner Alster asked if having fewer parking spaces per unit might elevate the "green" building standards. She added that it seems like there would be a correlation. Mr. Mark Spenser agreed that the less pavement, the better, in general. In a sense that is consistent with what Commissioner Alster is saying. He said that the use of parking is self-policed or managed. People buy what they need. If a person owns four cars, this might not be the right development for that person. Commissioner Alster asked if bike racks would be close to residences and adequate in number. Planner Tim J. Haley said that the number is not specified on the plans now. Commissioner Rocha expressed concern over the proposal to increase the percentage of retail space for restaurant uses from 40 percent to 65 percent. He pointed out that restaurant uses can eat up a lot of parking and they have different peak times than standard retail uses. Mr. Mark Spenser agreed that restaurant uses peak at different times than other retail uses. He advised that in his shared parking analysis, there is less demand than the parking provided. He added that there is quite a bit of excess parking projected throughout the day. Commissioner Gibbons: • Said that she had suspected that parking was going to be an issue. • Stated that there are two basic issues with shared parking. The mixed-use proximity and which uses share which spaces at which time. There is the issue of overlap of time by use. • Described the commercial/residential mixed-use building as including 43 residential uses. There are 77 spaces underground, including two-thirds of them as tandem Campbell Planning Commission Minutes for February 10, 2009 Page 15 spaces. These parking spaces are confined and controlled to the tenants in that building. The residential units are a mix of studio, one and two-bedroom units. Therefore those spaces are taken out of the shared spaces available. • Described the townhome units, of which there are 65, each of which has two garage spaces or 130 parking spaces. These are controlled and concealed within their units. • Said that this leaves 46 undedicated spaces for the residential uses and 55 spaces for the commercial uses of the mixed-use buildings. There are two strips of parking at the back (Buddhist temple side) for a total of 18 spaces. These 18 spaces can easily be used by the residents and are remote from the commercial uses. • When looking at the Hamilton frontage with 55 spaces, the parking ratio is one space per 200 square feet. These are the spaces available for commercial during business hours and residents afterwards. • Said that it boils down to 75 shared parking spaces, 55 in front and 20 down the middle of the central private road. She is struggling with the idea that only 55-75 spaces are flexible from the 308 spaces on site. • Stated that this development has blossomed in so many ways. Having a restaurant will clearly improve this development in establishing this as a neighborhood. However, restaurants don't go down from peak use between 6 and 7 p.m. when residents are coming home. Mr. Mark Spenser: • Clarified that it is not the intent to have all 308 spaces considered flexible spaces. • Said that there is a difference between residences and commercial parking uses. It is necessary to make sure that residents have parking when they need it, overnight and weekends. • Added that it is assumed that residents go away during the day. • Said that the flexible spaces will work to provide flexible parking for residents and retail. • Stated that residents will have one to two spaces, enough for themselves and always available to them. • Reiterated that the flexible spaces are those at the front (Hamilton Avenue). • Said that all the parking is managed through the CC&Rs and depends upon how they are organized and signed. • Reiterated that the intent was never to have all parking as flexible for residents. Commissioner Gibbons: • Said that every resident gets one or two spaces while the City's standard parking standard for residences is three to three-and-a-half spaces per unit, which offers flexibility for guest parking. • Added that all that space gets absorbed into these flexible spaces. • Opined that the parking along the central private road would be the demand spaces. • Advised that there is no clear pattern for service and deliveries. Commissioner Gairaud: Campbell Planning Commission Minutes for February 10, 2009 Page 16 • Expressed concern about the subterranean tandem parking. • Said that this type of parking is not convenient and would require owners to move cars often. • Said that this would push the demand for parking out to the flexible parking spaces on site. • Asked if this might not become a clash and push demand for the flexible spaces. • Questioned if this can work in practice. Mr. Mark Spenser: • Assured that it can work. Perhaps not 100 percent of the time but then no parking does work 100 percent of the time. • Said that it would be up to the on-site management to monitor, regulate and deal with parking issues. • Said that it should be able to work. The applicant knows its management company. • Described himself as a parking "geek" who is loves to read about, study and observe parking. Mr. Arnold Matsuda, Representative of the Buddhist Temple of San Jose: • Thanked the City's Planning Department, saying that Jackie Young had been very helpful and the staff has been very responsive. • Thanked the Commission for its hard work, dedication and service to the community. • Said he wanted to go on the record with the issues brought up by their congregation. • Stated that the Buddhist Temple will now have a new population as neighbors with this development. This Temple has been here for 28 years now and conducts many activities evenings and weekends and they plan to go on with those activities. • Asked that there be some sort of notification to new and/or potential owners of these townhomes of the existence of this facility adjacent to them. • Suggested the use of a disclosure statement as a condition of approval and within the CC&Rs. • Said there are questions about the sound wall and what it would be constructed of, be it masonry, partial masonry or wood materials. • Said that there has not been a problem with overflow parking onto the Temple parking lot from this subject property. They have a gate that is closed in the evening. • Stated that the Temple cannot be held responsible for theft or damage to cars due to unauthorized parking on their property. • Advised that they are much happier with this current design than with the previous. Commissioner Rocha said that he saw the gate serving the Temple parking lot when he visited the project site. That gate mitigated one of his concerns about the potential for overflow parking coming onto that property. He assured Mr. Matsuda that it would be a car owner's own responsibility if there is damage to their unauthorized parked vehicle. Campbell Planning Commission Minutes for February 10, 2009 Page 17 Commissioner Alderete asked Mr. Arnold Matsuda if his interest in the sound wall is to prevent sound or site access. Mr. Arnold Matsuda said the first issue is sound. He added that they do generate noise at the Temple and this housing development will do so too. Commissioner Alderete asked Mr. Arnold Matsuda where he wants the disclosure statements inserted. Mr. Arnold Matsuda suggested inclusion within a disclosure statement and within the CC&Rs. Commissioner Alderete asked Mr. Arnold Matsuda what the purpose of this disclosure would be. Mr. Arnold Matsuda said that they have many activities on site and want to continue those. With a new group of people coming in, they want it to be made clear to new buyers that such a facility exists next door. Commissioner Gibbons said that she was thinking that a sound wall would be too much. Is a six-foot masonry wall acceptable or do they prefer that it be higher? Mr. Arnold Matsuda said he would leave this to the Planning Commission to decide. Commissioner Gibbons asked if the Temple activities occur outdoors. Mr. Arnold Matsuda said no, they occur indoors. Mr. Alan Depew, Resident on Piland Drive, San Jose: • Said that he lives on the corner of Daryl and Gleason, north of this development. • Advised that he is in support of the redevelopment of this property, which is currently an eyesore. • Reported that he has worked with Code Enforcement on issues on this site. • Suggested that the Del Taco site include landscaping enhancements and facade and parking lot improvements so that it is uniform with this project and offers a more appealing and/or inviting appearance. • Added that he realizes that this development is separately owned from the Del Taco property but it would be nice. • Said that his biggest concern is an increase of traffic on Daryl, especially near the school. • Reminded that there is no parking allowed along the Expressway or on Hamilton Avenue. That leaves Daryl Drive or Mona Way for street parking. • Suggested that street sweeping signs be posted so parking doesn't prevent those streets from being swept. • Said that most of the morning traffic is currently eastbound on Hamilton and northbound on San Tomas Expressway. Campbell Planning Commission Minutes for February 10, 2009 Page 18 • Asked if there are any accommodations for traffic impacts as he has heard no talk of any proposed traffic calming measures. Mr. Mark Robson, Applicant, asked the Commission if they would like to hear from Kurt from Compass Management. Commissioner Gairaud said that was not necessary. The Commission has to make a decision if this is a workable plan. Mr. Mark Robson said that the distribution of parking is better with this current plan. It is both well distributed and convenient. There are connections and separations. It makes a lot of sense. Commissioner Alderete asked that any other speakers from the community be allowed to speak to this project. Mr. Jeffrey McCartney, Resident on Millich Drive: • Advised that he lives across Hamilton and San Tomas Expressway. • Said that this intersection is currently dangerous. • Stated that the proposed increase to two turn lanes onto San Tomas will help mitigate that issue. • Said that one has to be an Olympic sprinter to get across Hamilton Avenue on foot in order to have dinner at one of these proposed new restaurants. There are six lanes of traffic here. • Opined that it is creating a dangerous trap to have a hotel on one corner of this busy street and this development on the other side. • Said that the density of 22.5 units per gross acre seems pretty high when compared to others in the area. • Pointed out that there were four or five units for sale near his home recently. None of them sold and they were taken off of the market due to a lack of buyers. He added that he understands only five units sold in all of Campbell last month. • Cautioned that ahalf-finished development would be a worse eyesore than is there now. If the development goes belly up, what happens? • Said that he is not sure of the timeline for this development. • Reminded that Mervyn's went under recently just down the street. • Questioned the viability of this new retail. • Inquired if there is a way to extend the minimum green building standards. Mr. Kurt Shenefiel, Compass Management for the Applicant: • Explained that his property management firm manages 14,000 units and 96 HOA's. • Reported that he has evaluated this project and finds it to be very manageable. • Stated that 70 percent of the projects they manage have this ratio of parking or less. • Added that it comes down to the design of the CC&Rs and the parking rules. These rules will evolve over time. Campbell Planning Commission Minutes for February 10, 2009 Page 19 • Said that with his 23 years of experience doing this, he can say that the parking here is adequate. Commissioner Gairaud asked Mr. Shenefiel for his observations and experience with the use of tandem parking. Mr. Kurt Shenefiel said that the key is that the tandem parking is assigned to the same unit. It is problematic if different units share tandem parking spaces. He said that he hasn't had a problem with those at all. Mr. Mark Robson, Applicant: • Assured that the disclosure statement will be included in their sales documents and CC&Rs. The City would review the CC&Rs. • Said that the height of the sound wall would be up to the staff and Commission. • Stated that parking in the back (Buddhist Temple property) would not be much of an issue as it is chained off at night. Commissioner Gibbons said that as she recalls the previous plan had a driveway located closer to the property line shared with the Buddhist Temple. At that time, there might have been more of a convenience factor for overflow parking at the Buddhist Temple. That is more remote now as the site is designed. She asked Mr. Mark Robson if he favors a wood fence or masonry wall. Mr. Mark Robson, Applicant, said that he thinks wood is a better residential fencing material and they would prefer that. He reminded that the activities at the Temple occur inside. Commissioner Alderete listed the issues raised by residents: the Del Taco site; the potential for increase in traffic near Payne Elementary School and pedestrians crossing San Tomas Expressway. He reported that undergrounding of a pedestrian crossing would be expensive and impossible as there is a creek there as well as a major water line in the middle of the street. Mr. Mark Robson advised that they approached Del Taco early on as he had wanted to incorporate that site into this project. However, they did not want to sell. He agreed that a pedestrian crossing for San Tomas Expressway underground is not feasible because of the channel and the very large utility lines located there. He deferred any discussion of the potential increase of traffic to Mark Spenser. Mr. Mark Spenser, DKS: • Said regarding the questions about the potential increase of traffic on Daryl and near Prospect School, he prepared a discrete analysis of the use of roads. • Advised that traffic from this development is likely to travel north. The increase is projected at just five additional trips in the morning. • Added that the majority of traffic from this site using Daryl would likely go to Hamilton. Campbell Planning Commission Minutes for February 10, 2009 Page 20 Said that on the issue of crossing the street at the intersection of Hamilton Avenue and San Tomas Expressway, he can agree that this is a very large intersection. There is (or will be) a pedestrian countdown signal and that signal timing allows for sufficient time to cross. • Agreed that this is both a busy and wide intersection for sure. It is more urban than suburban. Commissioner Gibbons clarified that the issue of traffic on Daryl as it pertains to Payne Elementary School is the existing school traffic and the need for people coming out of this development onto Darryl. Is there an issue of cut through traffic? Mr. Mark Spenser said he is not anticipating that. Commissioner Alderete asked Mr. Mark Spenser if his study and/or expertise is limited to vehicular traffic or does it include pedestrian and bicycle movements. He pointed to the overcrossing that connects Rincon to Rincon over the Expressway to allow pedestrians to reach John D. Morgan Park. Has something like this been considered for this area? Mr. Mark Spenser said that pedestrian/bicycle connectivity was discussed in the traffic report. However, given the size of the project and the number of residences and vehicles for this site, not a lot of change is anticipated in the area as far as pedestrians and bicycles are concerned. They will mostly be contained on site as there is interactivity on the site itself. Chair Ebner asked Mr. Mark Robson to address the question raised by one nearby resident as to the issue of marketability of this development. Using anon-existent crystal ball, can he predict the timing between breaking ground and selling these units? Mr. Mark Robson, Applicant: • Agreed that he does not have a crystal ball for predictions. • Reported that they had a grand opening recently (November/December 2008). They sold 10 homes between November 22~d and January 1St. This was a very successful opening. • Informed that they have three current subdivisions and they are continuing to sell houses. • Agreed that the market is extremely challenging and getting more so. • Stated that he sees this as a wonderful opportunity to create jobs and do wonderful things for this community. • Advised that they won't break ground on this development until this time next year. The units would ready for sale approximately seven months thereafter. • Said that staff has added a condition about the sequencing of this project. • Advised that he is looking for more flexibility and not less and would like to work with staff in the next couple of weeks on this issue. Campbell Planning Commission Minutes for February 10, 2009 Page 21 Commissioner Alster asked how the shared space on the terrace located on the mixed-use building would interact with the rest of this development. Mr. Mark Robson, Applicant, advised that this terrace is dedicated for owners of these units in that building. There is another open space area for the townhomes and a third open space area to be used by everyone. Chair Ebner closed the Public Hearing for Agenda Item No. 3. Commissioner Alderete: • Said that he would support this project. • Added that the project has come a long way since the Commission first saw it, both in design and after consideration of the issues raised by the Commission. • Stated that he likes this project overall. • Said that something that continues to concern him is the parking deficiencies. • Pointed out that something that is raised often is the uniqueness that is Campbell. He added that he is worried that development is going to impinge on that uniqueness. That is a healthy concern to have moving forward. Commissioner Gairaud: Congratulated staff on having worked this project to a nice fruition since last May. Said that the main comment he had at that time was he wanted to see at least one parking space for every bedroom and the project has achieved that. Stated that he would support this development. It has moved from just a housing development into amicro-community. Commissioner Gibbons: Stated that she is really pleased with how much this project has blossomed. This developer was open to suggestions. Expressed her appreciation to the entire development team for its willingness to listen. Offered these practical comments: o Trees -Said that she would like to suggest that instead of all trees being 24-inch box, between 15 and 20 percent of them be 36-inch box with a reduction in the total number required to be planted. She said that a condition of approval could allow the landscape plan to be modified to accommodate this change. o Parking -Said that parking is more challenging than she would like to see. o Architecture -Said that discussions held previously were very fruitful. One example is along the Hamilton Avenue frontage. She said that she doesn't like to see development surrounded by parking. With this project, there will be a sense of a development here. o Sidewalks - An added sidewalk works at drawing neighbors into the site. o Parallel parking -Suggested that a sidewalk is needed there and should be added to the conditions of approval. o Open Space -There is not a lot of open space here. It is very tight. She said that she would like to see more open space. Campbell Planning Commission Minutes for February 10, 2009 Page 22 o Landscaping -Said that landscaping doesn't grow with cars overhanging it. o Overhanging Parking - Suggested that one has to be careful counting landscape space under parking overhangs. o Fence -Stated that she would like wood better than concrete but would leave it to the Community Development Director to have the neighbor and developer reach consensus. She added that she hates having six-foot high concrete walls along San Tomas Expressway. o Grading -Made the observation that there have been problems in the past when grading for drainage. She expressed concern with the Storm Water Management Treatment equipment and proposed adding a condition in the CC&Rs for the maintenance of this equipment. The Public Works and Community Development Departments can have further discussions with the developer to find alternatives to this system. o Duration of Approval -Pointed out that there is a condition of approval granting a three-year time frame. This is typically one to two years although more time is appropriate in this difficult market. o Percentage of Restaurant in Retail Building -Said that she is hesitant to allow up to 65 percent of the retail space in restaurant uses. o Disclosure Requirement -Said she is okay with that requirement. o Bicycle Storage -Stated that there should be an enclosed bicycle storage room for tenants in that mixed-use building. Chair Ebner: • Said that he has problems with parking but time will tell. • Stated that he truly appreciates the willingness of this developer to work with the City. This is a beautiful project. • Added that the developer stepped up to the plate and it is refreshing. His willingness to work with the neighbors is admirable and the end product is good. Commissioner Gibbons expressed concern that the site might have to be raised by as much as three feet. Planner Tim J. Haley deferred to the developer who might be more familiar with these numbers. Chair Ebner re-opened the Public Hearing for Agenda Item No. 3. Mr. Mark Robson said that the grade would go up by just 1.5 to two feet in some sections. It is not really an issue. Chair Ebner re-closed the Public Hearing for Agenda Item No. 3. Commissioner Gibbons said that it has been an issue in the past and the increase has ended up to be more than anticipated. Commissioner Alderete pointed out that the Buddhist Temple would prefer a higher wall so it could also be increased by up to two feet, if necessary. Campbell Planning Commission Minutes for February 10, 2009 Page 23 Commissioner Gibbons pointed out that if the property grade goes up by two feet, what is a six foot high wall on the residential side would be an eight to nine-foot high wall on the other. She said that they would not have mechanical means of drainage control. Planner Tim J. Haley said that the mechanical drainage control is a filtering process. Commissioner Gibbons suggested having staff make sure that the neighbors are not impacted and that the CC&Rs cover maintenance of the mechanical drainage control system. Commissioner Alderete: • Said he would scratch from the motion the suggestion to include interior bike storage. • Said that the proximity of the Buddhist Temple to the residential development will be disclosed on the CC&Rs and through a disclosure statement. • Suggested the Condition for Tree Replacements be modified to require that 15 to 20 percent of the trees be 36-inch box while still requiring that there be 100 trees planted. • Agreed that the Developer and staff can discuss possible alternatives to the Storm Water treatment system. Commissioner Rocha asked about the potential increase from 40 percent to 65 percent restaurant uses in the retail space. He recommended staying with 40 percent. The applicant could come back later. Planner Daniel Fama clarified that the original condition was written as based upon 40 percent of the available parking. The revised condition is for 65 percent of the floor area. Planner Tim J. Haley added that the original wording was 40 percent of the parking, but it is difficult to determine how that is tied into the building. The applicant was concerned that if they are limited to just 40 percent of the building square footage; they might be limited to just one restaurant. Commissioner Rocha asked about the proposed ceiling on parking. How much of the building would that allow in restaurant space. Commissioner Gibbons said divide 10,000 square feet by 200 square feet. That requires 50 parking spaces with one space required for every three seats. She said that one can either control parking or square footage. Commissioner Rocha said that it is faster if you can control the square footage. Commissioner Alderete suggested including the revised conditions of approval distributed this evening by staff except for Condition 5 that should be left at the original 40 percent. Campbell Planning Commission Minutes for February 10, 2009 Page 24 Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gairaud, the Planning Commission took the following actions: • Adopted Resolution No. 3930 recommending that the City Council approve a Mitigated Negative Declaration for the mixed- use project; • Adopted Resolution No. 3931 recommending that Council approve a Zone Change (PLN2007-172) from P-D (Planned Development) to C-PD (Condominium Planned Development); • Adopted Resolution 3932 recommending that the City Council approve a Planned Development Permit (PLN2007-173) to allow the construction of two four-story mixed-use buildings (43 residential condominiums and 11,149 square foot retail) and 65 three-story residential condominiums, as modified; • Adopted Resolution 3933 recommending that the City Council approve a Tentative Vesting Subdivision Map (PLN2007-174) to subdivide the property; and • Adopted Resolution No. 3934 recommending that the City Council approve a Tree Removal permit (PLN2007-175) to allow the removal of 33 protected trees; on property owned by Alvin B. Chan, Inc., located at 651, 655 and 671 W. Hamilton Avenue in a P-D (Planned Development) Zoning District; by the following roll call vote: AYES: Alderete, Alster, Ebner, Gairaud, Gibbons and Rocha NOES: None ABSENT: Roseberry ABSTAIN: None Chair Ebner advised that this item would be considered by the City Council for final action at its meeting set for March 23, 2009. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Ciddy Wordell, Interim Community Development Director, was accepted as presented with the following additions: • Advised that there would be one additional item at the next Planning Commission meeting, minor amendments to the Flood Protection Ordinance. ADJOURNMENT The Planning Commission meeting adjourned at 10:15 p.m. to the next Regular Planning Commission Meeting of February 24, 2009. Campbell Planning Commission Minutes for February 10, 2009 Page 25 SUBMITTED BY: C rinne A. Shinn, Recording Secretary /~ 1 .~- APPROVED BY: Mark Eb hair ATTEST: Ciddy Worde I, Acting Secretary