PC Min - 06/08/2010CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M.
The Planning Commission meeting of June 8, 2010, was called to order at 7:30 p.m.,
in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair
Rocha and the following proceedings were had, to wit:
JUNE 8, 2010
CITY HALL COUNCIL CHAMBERS
TUESDAY
ROLL CALL
Commissioners Present
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Michael Rocha
Theresa Alster
Jeffrey Cristina
Philip C. Reynolds, Jr.
Bob Roseberry
Commissioners Absent
Staff Present:
APPROVAL OF MINUTES
Chair:
Commissioner:
Community Development
Director:
Planning Manager:
Associate Planner:
City Attorney:
Recording Secretary:
Elizabeth Gibbons
Mark Ebner
Kirk Heinrichs
Paul Kermoyan
Steve Prosser
William Seligmann
Corinne A. Shinn
Motion: Upon motion by Commissioner Reynolds, seconded by
Commissioner Roseberry, the Planning Commission minutes of
the meeting of May 25, 2010, were approved. (5-0-2; Chair
Gibbons and Commissioner Ebner were absent)
Campbell Planning Commission Minutes for June 8, 2010 Page 2
COMMUNICATIONS
1. Corrected PC Resolution 3984.
2. Request for continuance from applicant for Item No. 1.
3. Request for continuance from applicant for Item No. 2.
4. Applicant's proposed Amendments to conditions of approval for Item No. 3.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
ORAL REQUESTS
There were no oral requests.
,~~*
PUBLIC HEARINGS
Acting Chair Rocha advised that the applicants for Items 1 and 2 have requested
continuances. He read the project descriptions into the record as follows:
1. PLN2009-117 Public Hearing to consider the application of Mr. James
Cosgrove, J. Cosgrove, on behalf of Clearwire, LLC, for a Conditional Use
Permit (PLN2009-117) for the installation of a wireless data
communications facility on an existing monopole tower on
property owned by Robert D. Cecil, Trustee, located at 910 S.
McGlincy Lane in a M-1-S (Light Industrial) 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: Steve Prosser, Associate Planner
2. PLN2010-47 Public Hearing to consider the application of Ms. Charnel
James, C. James, on behalf of Clearwire, LLC, fora Conditional Use
Permit (PLN2010-47) for the installation of a wireless data
communications facility on the roof of an existing commercial
building with aground-mounted equipment cabinet within an
existing fenced enclosure on property owned by Mr. Scott
Cooley located at 700 W. Hamilton Avenue 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: Steve
Prosser, Associate Planner
Campbell Planning Commission Minutes for June 8, 2010 Page 3
Acting Chair Rocha opened the Public Hearing.
Motion: Upon motion of Commissioner Alster, seconded by
Commissioner Roseberry, the Planning Commission continued
consideration of Agenda Item 1 (PLN2009-117 for 910 S. McGlincy
Lane) and Item 2 (PLN2010-47 for 700 W. Hamilton Avenue) to the
Planning Commission meeting of July 13, 2010. (4-0-2-1; Chair
Gibbons and Commissioner Ebner were absent and
Commissioner Reynolds abstained)
*,~*
Acting Chair Rocha read Agenda Item No. 3 into the record as follows:
3. PLN2010-30 (PD) Public Hearing to consider the application of Ms. Natalie
PLN2010-31 (CUP) Mattei, on behalf of Safeway, Inc., for a Planned
PLN2010-106 (TRP) Development Permit (PLN2010-30) for a new grocery store
Mattei, N. (Safeway) attached to speculative tenant space in an existing
vacant retail center, construction of a new retail pad building
and construction of a new gasoline refueling station; a
Conditional Use (PLN2010-31) to allow alcohol sales, and a
Tree Removal Permit (PLN2010-106) to allow the removal of
62 parking lot trees on property owned by Vincent O'Leary,
Stanford Jones and Maria S. Jones located at 950 W.
Hamilton Avenue in a P-D (Planning Commission) Zoning
District. A Mitigated Negative Declaration has been prepared
for this project. Tentative City Council Meeting Date: June
29, 2010. Project Planner: Steve Prosser, Associate
Planner
Mr. Steve Prosser, Associate Planner, presented the staff report as follows:
• Advised that the project site is located on the southwest corner of Hamilton and
Marathon. It abuts residential uses to the west and south; multi-family residential to
the west; duplexes to the south; multi-tenant apartments to the north; commercial
and restaurant uses to the east and multi-tenant apartments to the southwest.
• Said that the site is the location of a former Mervyn's that was constructed in 1973.
The project proposes to remodel a 75,000 square foot vacant building into a 55,000
square foot Safeway store with 24-hour operation and 19,000 square feet of sub-
retail space that fronts onto Marathon Avenue. The facades on the east, north and
west elevations will be remodeled and an outdoor seating area created in the
northeast part of the site. A 4,600 square foot pad (commercial) building with a
drive-thru is proposed near the westerly driveway off of Hamilton Avenue. A 16-
pump fueling station with an 850 square foot retail kiosk would be situated near the
Hamilton/Marathon corner of the property where small items including soda, water, ,
beer and wine would be sold.
• Stated that this property is zoned P-D (Planned Development). The General Plan
Land Use designation is General Commercial. Under the General Plan this site is
Campbell Planning Commission Minutes for June 8, 2010 Page 4
intended for high-volume retail commercial use. Goals of the General Plan include
revitalization, upgrading of existing commercial shopping centers, encouraging
large retailers along Hamilton Avenue.
• Listed the required entitlements as including a Planned Development Permit for the
use, construction and late hours; a Conditional Use Permit to allow alcohol sales at
the grocery store and fueling station kiosk; and a Tree Removal Permit to allow the
removal and replacement of parking lot trees.
• Described the features of the use of site that incorporates the general footprint of
the existing building with enhanced stucco, trim, cornices, molding, columns,
awnings and metal trellis features. Common materials and design features will be
incorporated. The pad building will include adrive-thru at the northern portion of
the site. As the result of proximity of this proposed pad building to nearby
residential, there is a recommended condition of approval setting operational and
business hours for this pad building. Uses other than retail will require processing
of an Administrative Planned Development Permit.
• Said that the operational hours for the kiosk would be from 4 a.m. to midnight. The
proposed kiosk is situated 290 feet from the nearest residential uses. Sales of beer
and wine are proposed for this kiosk but could be considered as "not necessary" by
the Commission. The applicant is requesting the allowance of beer and wine sales
at this kiosk to offer convenience to customers. Staff has added a condition of
approval restricting beer and wine sales from the kiosk between the hours of 6 a.m.
and 11 p.m. daily. For any future uses to modify hours, an Administrative PD
Permit would be required.
• Said that the outdoor seating area would provide seating for customers of Safeway
who have purchased ready-made products from their deli. A condition of approval
prohibits the use of the outdoor seating area between the hours of 10 p.m. through
6 a.m.
• Added that there will be a few small trucks parked on site for the Safeway.com
grocery delivery component of the operation.
• Stated that outdoor activities on site are restricted after 10 p.m. through 6 a.m.
These restrictions limit mechanical equipment use, except for the collection of carts
no more than one time per hour. Truck deliveries would be limited to the hours of 6
a.m. and 12 p.m. daily.
• Said that a Conditional Use Permit is required to allow alcohol sales from a grocery
store.
• Said that the 19,000 square feet of speculative tenant space could serve several or
a single tenant. The applicant prefers the idea of a single tenant. A condition of
approval for hours of operation, delivery hours and outdoor seating could be
deviated from with an Administrative PD Permit.
• Explained that the use of variable sized tenant space often equals walled up
windows and doors. Condition of approval 7 requires the changing out of an
unused door with a window if merging more than one tenant space and prohibits
the blocking of windows.
• Described many of the existing/current conditions of the site as including no
pedestrian walkways, deteriorating parking lot trees and a dated facade.
Campbell Planning Commission Minutes for June 8, 2010 Page 5
• Said that changes would include 407 parking spaces, most at a 90-degree angle; at
grade landscaping; inclusion of three pedestrian walkways on site to allow
pedestrian access.
• Added that other existing on-site conditions such as substandard streetscape along
Hamilton Avenue, substandard streetlights and no signal at Hamilton & Marathon.
Improvements required include a full boulevard treatment along Hamilton Avenue,
a new median between Hamilton Avenue and Marathon (up to the property Iine0; a
new turn lane to allow left turns; upgraded street lights, landscaping and driveway
approaches including a new main entrance driveway.
• Said that CEQA provisions required an initial study for this project. It can be
mitigated to achieve a "less than significant level of impact." Staff is recommending
the adoption of a Mitigated Negative Declaration. The comment period ran from
May 19 through June 7, 2010. No comments were received. A condition has been
included that requires the addressing of all potential environmental impacts outlined
in the initial study.
• Said that the conditions include the Inclusion of pedestrian/bicycle access;
landscaping in the public right-of-way; parking circulation and access; equipment
screening and/or obscured from public view; noise (including hours of operation,
delivery and outdoor seating).
• Stated that traffic issues were evaluated by consultants DKS Associates.
Thresholds of significant impacts on LOS (Levels of Service) were evaluated
including increases in delays by more than 4 seconds to see if signals are
warranted. Mitigations are proposed including limitations on commercial deliveries;
prohibition of right turns with the requirement to post signage indicated that
restriction.
• Reported that the applicant has requested some 16 changes/modifications to the
proposed conditions of approval. Staff agrees with eight of the requested changes
but there are three main issues remaining:
o The first is the requirement to replace the median along Hamilton Avenue. The
original condition called for replacement along Hamilton Avenue all the way to
Phoenix Drive. Staff is now recommending this be amended to require this
median replacement from the new intersection to the westerly property line.
o The second issue is that the applicant wants existing streetlights to remain.
These lights are 30 years old and substandard to current standards. Staff is
recommending that this condition not be modified.
o Deletion of Condition #6. The Director will respond to this issue.
Director Kirk Heinrichs said that given the magnitude of this project, staff is
recommending that 15,500 square feet of the approximately 25,000 square feet of
subtenant space and pad building be restricted to restaurant and/or retail uses, or
other tax generating uses. The applicant is objecting to that restriction.
Planner Steve Prosser advised that staff is recommending that the Planning
Commission adopt resolutions, with conditions as modified by staff, recommending
that Council adopt a Mitigated Negative Declaration and approve a Planned
Development Permit, Conditional Use Permit and Tree Removal Permit. He advised
that the applicant has a presentation to make.
Campbell Planning Commission Minutes for June 8, 2010 Page 6
Commissioner Reynolds asked if non-adherence to "No Right Turns" signs is a citable
offense.
Director Kirk Heinrichs replied no, but it is a violation of the conditions of approval.
Acting Chair Rocha opened the Public Hearing for Agenda Item No. 2.
Ms. Natalie Maffei, Applicant, Safeway Real Estate Manager:
• Stated her appreciation for the Planning Commission's input over the last two study
sessions and SARC meeting over a short period of time. Thanked staff also.
• Advised that she is accompanied this evening by her project team including
Kenneth Rodriguez, Tony Cattedra, Jeff Lee and Joanne Benjamin.
• Said it was a pleasure to be here and added she would like to touch on a couple of
the conditions a bit later. She asked her project architect to make his presentation.
Mr. Kenneth Rodriguez, Project Architect:
• Reported that they had added a pedestrian connection from the westerly
neighborhood. They also included a new center driveway at the recommendation
of a resident attending one of the neighborhood meetings and pedestrian access
along Marathon Drive.
• Explained that uniquely details found in Campbell are incorporated in the design
including a variety of architectural features (colors and detailing) and use of
landscaping.
• Displayed new renderings. The Hamilton Avenue frontage incorporates stone
columns, screen walls, outdoor dining, outdoor produce/seasonal sales area,
timber structures and overhangs.
• Added that outdoor dining areas represent a natural amenity.
• Showed an overall aerial view rendering that provides a bird's eye view of the site
and demonstrates the use of landscaping. He added that existing concrete
planters will be removed and new ground-level landscaping added. There will be
much more landscape than exists now on this site.
Ms. Natalie Maffei:
• Said that she has reviewed the staff response to her request modifications to the
proposed conditions of approval.
o Condition 6 -
^ Said that Condition 6 is the most difficult for them to accept, which
represents asales-tax-generating retail restriction.
^ Added that this represents a challenge and is a restriction that they have
never before encountered that creates a competitive disadvantage.
^ Reminded that it is currently a difficult leasing environment. There are
concerns over long-term viability with that restriction.
^ Pointed out that while Mervyn's generated approximately $165,000 in sales
tax, their estimates for Safeway and the fueling station totals approximately
$300,000. There is an extensive boost just as proposed. They are
concerned what occurs if they are unable to generate such a tenant. This
Campbell Planning Commission Minutes for June 8, 2010 Page 7
restriction excludes uses such as banks, salons, child care centers, karate
studios, etc. They are faced with the possibility of vacancies with that
restriction and Safeway did not anticipate that restriction or potential
vacancies with this site. If imposed, it puts this project at risk with this
"handcuff" provision.
^ Said she hopes that condition is deleted.
o Conditions 7 & 8:
^ Doors versus storefront windows and the requirement that windows are not
blocked.
^ Asked that added flexibility be included in the event there is a valid reason.
^ Concluded that she could accept these conditions with some flexibility or
ability to secure a Variance.
o Condition 54 f
^ The question of replacing streetlights along Hamilton, Marathon and Gale.
^ Said that in some cases they are proposing to change them but in others
they are asking to keep the existing.
^ Added that as long as they meet standards they should be kept.
^ Advised that there is already an extensive amount of site work that had not
been anticipated.
^ Reiterated that if the existing lights are in conformance with photo metrics,
they should be kept in place.
o Condition 66
^ Said she needs more input from staff on this condition.
^ Questioned wording from the initial study.
^ Said that PW initially had concerns about queuing on Hamilton. The project
was re-worked with 90 degree stalls to offset those queuing concerns.
^ Added that she believes that all parties are comfortable at this time.
^ Suggested that this condition be locked into the design.
Director Kirk Heinrichs pointed out that the environmental work is done prior to
submittal of final plans. He said that the standard should be "consistent with final
plans." Staff is not looking for more but rather for consistency.
Ms. Natalie Maffei continued:
o Condition 83
^ Said that median requirement is currently for full replacement of the median
on Hamilton including irrigation, landscaping, curb, trees, etc.
^ Added that their assumption had been that this would impact only the
Hamilton frontage.
^ Said that they had been unaware that the improvements along Hamilton
were proposed to go all the way to Phoenix Drive.
^ Said that the existing median is in fair condition and has no safety hazards
and includes trees that are in accordance with other stretches along
Hamilton.
^ Agreed that they anticipated new median for the portion where the new cut
would be installed.
Campbell Planning Commission Minutes for June 8, 2010 Page 8
^ Advised that they (Safeway) had estimated this cost at $129,000 while the
City's estimate is $179,000.
^ Added that they struggle to find a direct nexus.
^ Requested that this condition only apply to the intersection and the new
median break.
Director Kirk Heinrichs explained that the existing is old and substandard and have to
be built to new standards. This is a fairly standard requirement albeit this is a rather
long frontage.
Ms. Natalie Maffei continued:
o Condition 87
^ Said that she understands that this is boilerplate language that states that
down the road additional utility work can be imposed on Safeway.
^ Said that this requirement is a challenge to Safeway as it is open-ended in
scope and could be significant. That is of concern.
^ Asked that they be allowed to work with City staff to craft language that
offers a mutual solution.
Director Kirk Heinrichs said that staff could work with the applicant to make this
language more clear. Said he understands that Safeway does not want exposure after
their project is finaled.
Ms. Natalie Mattei said her presentation is concluded and she is available for any
questions.
Commissioner Alster asked how the site would be prepared for new trees given that
the existing site is completely paved and the existing trees have been grown in cement
planters.
Ms. Natalie Mattei advised that their arborist would manage that issue and the details
will be outlined in their construction documents. She added that trees that are a more
suitable species for this climate would be planted.
Mr. Ken Kelly, Resident on Rhoda Drive, San Jose:
• Said he is affiliated with the organizations, United Neighbors of Santa Clara County
and the Blackford Neighborhood Action Coalition.
• Said that residents in his neighborhood have a vested interest in this store.
• Stated that Safeway made impressive outreach efforts with this proposal.
• Encouraged the Commission to allow this project to move forward as it offers an
improvement to the neighborhood.
Mr. Peter Rushbrook, Resident on Kendra Way, San Jose:
• Said he is affiliated with the San Tomas West Neighborhood Association but is here
this evening as an individual.
Campbell Planning Commission Minutes for June 8, 2010 Page 9
• Advised that his group had invited Safeway representatives to come to their
meetings to discuss their project. Safeway came to three meetings where they
made good presentations and listened to us.
• Asked that this project be expedited as it is an important project for this
neighborhood.
• Said that he looks forward to having this Safeway located here.
Mr. John Modiri, Resident on Springfield Drive, Campbell:
• Said he has no problem with this new Safeway.
• Added that it looks nice.
• Stated that he does object to the gas station due to concerns over traffic, noise and
pollution impacts.
• Questioned the need for 24 hour operation as this is asking for trouble. Instead he
has no problem with 7 a.m. to 10 p.m. and suggested forgetting about the gas
station.
Mr. Randy Snider, Resident on Springfield Drive, San Jose:
• Agreed that Safeway has been very accommodating and that this project
represents an improvement over the former Mervyn's.
• Said his concern is also the fueling station and primarily their plans for alcohol
sales and the number of proposed pumps. Instead Safeway can sell full alcohol in
their grocery store.
• Said that there is already a lot of traffic on Darryl.
• Expressed concern over potential of drunk driving when selling alcohol from a place
where one purchases gas. That is a big issue as no one wants to encounter drunk
drivers.
• Provided some statistics that show that most ABC (Alcohol Beverage Control) sales
infractions result from mini-markets including sales to underage individuals. The
balance primarily is from bars and restaurants.
• Gave several examples from recent accidents covered in the local news in which
people were greatly harmed by drunk drivers.
• Pointed out that Safeway sells beer and wine in their store and it is not necessary
to also sell it at the gas station. There are already plenty of alcohol sales in this
area and that is of big concern to the people in this neighborhood.
City Attorney William Seligmann advised the Planning Commission that the State has
pre-empted allowing cities to use concurrent alcohol and fuel sales as a reason to
prohibit alcohol sales.
Director Kirk Heinrichs said that applicant is proposing to cease the sale of alcohol
after 10 p.m. from the fuel station kiosk.
Mr. Jeff Bradbury, Resident on Gale Drive:
• Said his question is specific to Gale.
• Advised that there are trees located at the back of the project site, including one big
Eucalyptus tree. He asked if these trees would be kept or removed.
Campbell Planning Commission Minutes for June 8, 2010 Page 10
Planner Steve Prosser advised that they are not part of the Tree Removal Permit,
which is just for parking lot trees and dead trees that would be removed and replaced.
Mr. Jeff Bradbury said he is requesting that the big one be removed. He asked if the
existing access from Gale would be kept. There is a low wall that he climbs over to
reach the site as a shortcut.
Ms. Natalie Mattei said there are no wall penetrations on the existing wall and none are
proposed.
Mr. Jeff Bradbury pointed out that the landscaping located at the back needs
maintaining.
Planner Steve Prosser:
• Reported that when this site was developed in 1973 the owners were required to
maintain the landscaping between the curb and property line. In recent years this
area has not been maintained, especially since Mervyn's closed.
• Added that a condition of approval reiterates the original condition of approval for
maintenance of this landscaping and all associated on- and off-site landscaping.
Mr. Jeff Bradbury suggested a more detailed requirement be imposed
Acting Chair Rocha clarified that there is already a condition of approval stating that
the applicant is responsible to maintain their landscaping.
Director Kirk Heinrichs assured Mr. Jeff Bradbury that this requirement is already in
writing.
Commissioner Alster asked Mr. Jeff Bradbury if he likes having this access climbing
over the low back wall.
Mr. Jeff Bradbury said it is convenient and he would like to see a walkway there rather
than having to climb over a low wall.
Mr. Chetan Malkani, Property Owner/Landlord of 1020 W. Hamilton Avenue:
• Said that he is a 30 year property owner nearby and has tenants with small
children.
• Expressed concern over liquor sales with a gas station and with 24-hour operation.
He said closing at midnight would be fine or operating hours from 6 a.m. to 10 p.m.
• Pointed out that there are liquor stores all around the neighborhood already.
Ms. Natalie Maffei:
• Said tonight is the first time she has been asked by a neighbor to remove a tree
rather than retain it.
• Added that she is willing to look at the removal of that tree.
Campbell Planning Commission Minutes for June 8, 2010 Page 11
• Stated that she is aware of the condition to maintain the landscaping, including at
the back.
• Said that as for the question of having an opening in the wall at the back, she would
defer to the City on how to handle that. Other neighbors may not want an opening
located there.
• Said that there had been a nearby business (Lil Otto's) in this immediate
neighborhood with alcohol sales and a history of problems. ABC has since closed
them down.
• Reminded that the service station would be closed from midnight to 4 a.m.
• Added that they would have included full alcohol sales but due to concerns raised
at neighborhood meetings they elected to limit alcohol sales to beer and wine and
to stop those sales at 10 p.m.
• Said that they are willing to be proactive with their security plans to include security
cameras and work with Campbell Police.
• Said that restrictions put them at a disadvantage with other nearby gas stations.
Commissioner Alster asked Ms. Natalie Mattei to clarify whether the employees of the
kiosk are Safeway employees. Will they be as strict in checking identification at the
kiosk as they are at Safeway?
Ms. Natalie Mattei replied yes. The kiosk staffing is with unionized Safeway
employees with strict training.
Acting Chair Rocha advised that he had visited the Morgan Hill Safeway fueling station
and observed the activity there. He added that he went into the kiosk and asked if they
had alcohol sales and they did not. He asked Ms. Natalie Mattei why they did not sell
there.
Ms. Natalie Maffei:
• Said that she is not sure but that while some locations do not sell alcohol, a vast
majority does.
• Added that these fueling stations have a range in size and variations. Each is site
specific.
• Said that they see a viable business opportunity here and beer and wine sales
contributes to the sales tax base.
• Assured that she respects the concerns of potential criminal activity but beer and
wine sales generally represents legitimate non-criminal activity. It is a daily part of
life and/or a weekend activity.
Acting Chair Rocha pointed out that the Morgan Hill fueling station consists of 12
pumps and traffic runs in one direction through the fueling station.
Ms. Natalie Maffei said that is correct.
Acting Chair Rocha pointed out that the canopy over the fueling station is pretty tall
and that RV's could drive under it.
Campbell Planning Commission Minutes for June 8, 2010 Page 12
Commissioner Cristina asked if the curb of the third driveway on Hamilton would be
designed so that it is not used as an entrance.
Commissioner Roseberry clarified that particular driveway is wider and can
accommodate two directions of traffic.
Ms. Natalie Maffei:
• Advised that Safeway's market research finds that this proposal is the most viable
option for this trade area as it offers both convenience and cross shopping.
• Added that their site layout offers the quickest, easiest and safest way of
maneuvering in and out.
• Recommended that the 16 pumps be approved and advised that a reduction in
pumps does not mean a reduction in customers but rather creates safety and
queuing issues.
• Reiterated that they have a good quality design to get people in and out.
Planning Manager Paul Kermoyan said that the driveways to the fuel station are two-
way.
Mr. Jeff Lee, Safeway Representative:
• Explained that there is adequate driveway width so that cars can go in both
directions.
Commissioner Roseberry suggested use of striping to make the drive lanes clear at
the entrance drive.
Chair Rocha added that the distance between the fuel pumps is way above the
standard distance.
Mr. Jeff Lee:
• Said that there is a 35-foot distance between sensors. There is one fueling station.
There is 12-foot opening or space. There is the next car fuel station.
• Said that the fact that there is no beer and wine at the Morgan Hill fueling station
represents an evolutionary process. That particular kiosk is just 600 square feet.
Since that time, they have gone to an 850 square foot kiosk design.
Commissioner Reynolds asked if the issue of alternative fuel that he raised at the
study session has been considered any further.
Mr. Jeff Lee said that they have a pilot program, he believes in Denver. He added that
there has been no final decision for this location. Alternative fuel had been included at
a location in Alameda but was late removed due to a lack of participation. He reported
that there would be the capabilities to incorporate alternative fuels in the future with the
tanks that will be installed on site for this new fueling station.
Acting Chair Rocha closed the public hearing for Agenda Item No. 3.
Campbell Planning Commission Minutes for June 8, 2010 Page 13
Commissioner Alster presented the Site and Architectural Review Committee report as
follows:
• SARC reviewed this project on May 25t"
• Said that SARC supported staff's recommendation to have no right turns from the
project site onto Marathon Drive and that was included as a condition of approval.
• Recommended that staff include a condition to requiring use of a perimeter
shopping cart locking system.
• Recommending inclusion of a condition requiring the replanting of existing and
proposed landscaping.
Acting Chair Rocha:
• Said that there are a few outstanding issues to consider.
• Pointed out that the use of the pad building could impact parking with inclusion of a
drive-thru that would create a parking deficit.
• Said that this project would generate more trips than Mervyn's did.
• Stated that another issue is whether or not to allow the inclusion of alcohol sales
from the kiosk.
Commissioner Alster:
• Said that having beer and wine sales from the kiosk with alcohol sales ending at 10
p.m. is reasonable.
• Agreed that this represents a convenience.
• Added that after 10 p.m. customers can go to Safeway.
• Pointed out that Safeway's employees are well trained.
• Stated that she understands the argument about retail and restaurant space but is
concerned about the potential for vacancies in this market.
Commissioner Cristina:
• Said that he feels confident that staff can make proper decisions about traffic and
has no real concerns.
• Supported allowing beer and wine sales up to 10 p.m. from the kiosk. After 10 p.m.
customers can go to Safeway.
• Said he is somewhat lost on the parking issue but stated that if a use like IN N'OUT
were to located there, there could be a parking issue. Traffic could likely be
accommodated except for the lunch and dinner rush. Other fast food restaurants,
such as McDonalds, Burger King or Jack in the Box, would not generate the same
level of traffic and would not be that big of an issue. Therefore, if a chain drive-thru
restaurant goes in there, he is okay with that.
Commissioner Roseberry:
• Thanked staff for a great job preparing this project.
• Pointed out that Safeway has been here a number of times and listened to what the
Commission told them including a request to do community outreach.
• Thanked the applicants for their diligence and for doing such a good job in keeping
the people happy while still creating a viable project.
• Said this is a good project and he looks forward to it. It will be a benefit to the City.
Campbell Planning Commission Minutes for June 8, 2010 Page 14
• Added that the project is in an area where the adjacent uses are right for it. It's a
neighborhood. It is well located. He added that he could not think of another use
that would be better.
• Agreed that traffic impacts are always a concern.
• Said that if parking is difficult and people can't park on site, they will go elsewhere.
• Suggested that if there were fewer fueling pumps, people would just have to wait
longer to fuel their vehicles.
• Said that Condition 6 may be well intentioned but may also end up backfiring.
Vacancies may outweigh some other use.
Acting Chair Rocha reminded of the sales tax revenue component.
Commissioner Roseberry:
• Said that running the risk of extended vacancies is a bad thing.
• Said that everyone appears to be in agreement with the concept of this project.
• Said that it is not such a huge big deal to change out a storefront window. The
storefront can be modified easily to accommodate either a window or a door as
necessary.
• Agreed that he does not like to see windows that are blanked off and supported
staff's recommendation to retain Condition 8.
• Said he agrees with staff regarding Condition 13 and 14.
• Said that as for Conditions 54 and 83, referencing streetlights, they are similar but
different. He does not agree with simply requiring the replacement of all. In the
parking lot, he supports change out and replacing the lights. On the street,
however, he is up in the air on that one.
• Referring to Condition 66 - he said that staff and the applicant should be able to
work their language differences out on that condition.
• Said that it makes sense to him to keep staff's recommended changes to Condition
71.
• Said that while he understands staff's concern about the median, he questions the
differences between the old and new standard.
Mr. Ed Arango, Land Development Engineer, Public Works Department:
• Said that the curbing requires removal of existing, installation of new curbing with
aggregate base 18 to 24-inches from bottom to top of curb and a full six-inch
curbing height.
Commissioner Roseberry asked about the old standards.
Engineer Ed Arango said he didn't know but due to overlaying streets, curbing height
gets reduced.
Commissioner Roseberry asked if the issue is height or structure.
Director Kirk Heinrichs said it is the height of curb.
Campbell Planning Commission Minutes for June 8, 2010 Page 15
Commissioner Roseberry suggested installing a new six-inch curb on top of the
remainder of the curb that's there.
Engineer Ed Arango said that hasn't been evaluated. He said he was not comfortable
with that as typically they start fresh so if the curb is hit there is full support.
Commissioner Roseberry said this alternative may be worth looking at so they are not
spending more than they have to spend.
Engineer Ed Arango said it would have to be evaluated but he is open to considering it.
Commissioner Roseberry suggested that the language for Condition 87 be worked out
between staff and the applicant. The current language is confusing.
Engineer Ed Arango said that the intent is that utility information is not in place at this
stage of the process. They are asked to ensure utilities to serve their development.
During construction, something may be determined to need additional work.
Commissioner Roseberry suggested using more concise and precise language.
Director Kirk Heinrichs suggested including language that limits utilities needed to
serve the project during the time of construction.
City Attorney William Seligman suggested, "Should it be discovered during the process
of construction that ~-ew utilities need to be upgraded and installed to serve the site
that require work in the public right of way not anticipated with this application, the
applicant will be required to restore those public improvements to the satisfaction of
the City Engineer.
Mr. Tony Cattedra, Safeway Representative, suggested clarifying "serving the site."
Commissioner Roseberry asked Mr. Tony Cotedro if he has reviewed the as-built
drawings.
Mr. Tony Cattedra said yes, he has a pretty good idea. He added that he does not
expect a lot of off-site improvements to be mandated.
Chair Rocha said that it is not the purview of this Commission to provide the applicant
with a warranty and that there are other issues to finalize from whether or not to
support alcohol sales from the kiosk to parking.
Commissioner Roseberry said he was okay with parking.
Commissioner Reynolds:
• Thanked staff for their incredible work on this project and Safeway for their
participation at study sessions and various meetings. This is a wonderful project
for the City.
Campbell Planning Commission Minutes for June 8, 2010 Page 16
• Also thanked the neighbors for their input.
• Stated that his biggest concern is the sale of alcohol. Said that he takes the issue
of alcohol seriously having lost a friend to a drunk driver.
• Pointed out that since this would be the fourth location selling alcohol in this
immediate area preventing alcohol sales at this location would not be a huge factor
in stopping drunk driving.
• Said he would support this project. It is a beautiful project. The size of the fueling
station is not overbearing.
• Suggested that there might be more traffic and pollution if the station was smaller
with fewer pumps.
• Said that he went to the Morgan Hill location last weekend and observed the use.
• Suggested that the issue of sales tax (Condition 6) falls in the lap of Council rather
than as a land use issue. It is a revenue issue for Council to consider.
• Added that it does raise concerns about potential impacts on vacancy rates so he
would like to look at that issue further.
• Said he remains flexible on Condition 8.
• Said that he sides with staff on Condition 83. This serves as the gateway entrance
to their shopping center. This is not an unreasonable request but perhaps not all
the way to Phoenix Drive but rather up to their property line. It offers beautification
to the entrance to Safeway.
• Stated that overall he is supportive. Both sides have worked hard. This project will
be successful.
Commissioner Alster:
• Stated that she echoes Commissioner Roseberry's comments except for the curb.
If it is cheaper to do it as he suggests that is great but she wants to err on the side
of caution.
Commissioner Roseberry said it appears there is consensus in many areas but he was
not sure about the issue of street lights. How many and how much?
Engineer Ed Arango said that he would have to refer to the site plan but he thinks
there are five located along Hamilton Avenue, two on Marathon Drive and one on Gale
Drive.
Commissioner Roseberry asked if they are being asked to update any that are further
away from the project frontage.
Director Kirk Heinrichs replied no.
Acting Chair Rocha:
• Said that this is a new project for this neighborhood and is not unreasonable.
• Said he is inclined to support staff's recommendations as this is part of developing
an eight-acre site. It is not unreasonable to replace these.
Campbell Planning Commission Minutes for June 8, 2010 Page 17
Commissioner Roseberry said he is still unclear what this mean. What is a new street
light and what does one cost?
Engineer Ed Arango said that the existing foundation is retained and a new
pole/standard is installed. He added that a full evaluation of the existing photo metrics
has not yet been completed. He said that two along Marathon may not be sufficient
and a third one may need to be added along there.
Commissioner Roseberry:
• Said that the curb issue still needs clarification.
• Stated that there is no question that the areas to be modified for ADA need to be
updated.
• Added that the question is for the stretches of existing curb where the edges have
shrunken due to repaving.
• Said the question is cost effectiveness.
Acting Chair Rocha:
• Said that staff can work out the outstanding issues.
• Said it appears that everyone supports this project and it just needs fine tuning.
• Said he has always felt good about this project.
• Added that as representatives for the City, this Commission wants what is best for
the City.
• Pointed out that this community will be looking at this project over the next 30 to 50
years. The existing building is already 38 years old.
• Said that he was relieved to learn that Safeway employees will be staffing the
kiosk.
• Said he does have concern about the drive-thru component.
• Asked if a use with drive-thru will be reviewed by this Commission.
Director Kirk Heinrichs said that a Conditional Use Permit would be required. He
correctly himself and said it would actually be an Administrative PD Permit unless a
parking exception is required.
Commissioner Roseberry suggested adding a condition requiring Safeway's
security/loss prevention team.
Motion: Upon motion of Commissioner Roseberry, seconded by
Commissioner Alster, the Planning Commission took the
following actions:
• Adopted Resolution No. 3986 recommending that Council
approve a Mitigated Negative Declaration for 950 W. Hamilton
Avenue;
• Adopted Resolution No. 3987 recommending that Council
approve a Planned Development Permit (PLN2010-30) to allow
the establishment of a new grocery store (Safeway) with 24
hour use attached to speculative tenant space in an existing
Campbell Planning Commission Minutes for June 8, 2010
Page 18
vacant department store, construction of a new 4,650 square
foot commercial pad building, construction of a new 16-
pump gasoline refueling station with an 850 square foot retail
kiosk as modified:
o Condition 6 -delete
o Condition 7 -modified as recommended by the applicant
o Condition 8 -keep staff s recommendation
o Condition 13 -modified as recommended by the applicant
o Condition 14e -modified as recommended by the
applicant
o Condition 54f -keep staff's recommendation
o Condition 66 -keep staff s recommendation
o Condition 67 -modified as recommended by the applicant
o Condition 71 (3.1) -keep staff's recommendation
o Condition 71 (3.2) -modified as recommended by the
applicant
o Condition 83 (Median) -modify with alternate language
o Condition 83 (Marathon) -keep staff's recommendation
o Condition 83 (Gale) -keep staff's recommendation
o Condition 86 -Modify as recommended by the applicant
o Condition 87 -"Should it be discovered during the process
of construction that mew utilities need to be upgraded and
installed to serve the site that require work in the public
right of way not anticipated with this application, the
applicant will be required to restore those public
improvements to the satisfaction of the City Engineer.
o Condition 90 -Modify as recommended by the applicant
• Adopted Resolution No. 3988, recommending that Council
approve a Conditional Use Permit to allow the sale of alcohol
for off-site consumption associated with the grocery store
use and the gasoline refueling station kiosk; and
• Adopted Resolution No. 3989 recommending that Council
approve a Tree Removal Permit to allow for the removal of 62
protected trees,
on property located at 950 W. Hamilton Avenue, by the following
roll call vote:
AYES: Alster, Cristina, Reynolds, Rocha and Roseberry
NOES: None
ABSENT: Ebner and Gibbons
ABSTAIN: None
Acting Chair Rocha advised that this item would be considered by Council for final
action at its meeting of June 29, 2010.
***
Campbell Planning Commission Minutes for June 8, 2010 Page 19
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Kirk Heinrichs had no additions to the written Director's Report.
ADJOURNMENT
The Planning Commission meeting adjourned at 10:05 p.m. to the next Regular
Planning Commission Meeting of June 22, 2010.
SUBMITTED BY:
Corinne A. Shinn, Recording Secretary
~ ,
APPROVED BY:
Michael Rocha, Acting Chair
ATTEST:
Kirk inrichs, Secretary