Concerned Santa Clara

The Santa Clara Planning Commission did some funny things last night.

Almost every Planning Commissioner, with the exception of Commissioner O’Neill, who didn’t really say much until near the end, had reasons to deny the project on 2585 El Camino Real, yet they approved it 4 to 2. Commissioner Frank Barcells was absent again, which concerns me because he is one of the few people who consistently votes in favor of the residents; I hope all is well with him. Commissioner Mohammed Sarodi gave very logical and realistic reasons for denying the project; it’s too bad his term ended that night. Chairperson Ian Champeny was the other vote to deny.

Commissioners Tony Marine, Keith Stattenfield, and Todd Fitch spun around and around before voting to approve the project, while city staffers Debby Fernandez, Carol Anne Painter, and Gloria Sciara did their best to support their decision, although it was very clear that they had no strong arguments as they were reduced to repetition of their position and its embedded inaccuracies and panicked searching for support material at the last minute. Commissioner O’Neill didn’t contribute much more than her vote to approve. The funny thing was that the document Gloria Sciara brought up during the discussion bolstered the argument against the project. She showed chapter 18.22 of the City Charter, which, in section 18.22.140 pertaining to TMU zoning, clearly states that

(e) .. If any part of the main building is adjacent to properties designated single-family and is more than two stories or twenty-five (25) feet in height, the third and fourth stories shall be set back at least thirty (30) feet from that side yard property line. ..

The project only has a 20-foot setback from the houses to the north at its closest point while the taller buildings are 46 feet away. The other funny thing was that Gloria actually showed section 18.22.040 pertaining to MU, which made the project look even worse when you looked at the numbers. She quickly took down the document and replaced it with the boring, but useful, agenda. Debby Fernandez is insistent, but incorrect, in her assertion that there is a minimum 50-foot setback to the taller buildings, and there’s no math required this time because the number sits in black and white on pages 3, 4, and 5 of the architects’ drawings. All these errors are inconsequential, however, because, as Mr. Stattenfield would say, the Planning Commission has chosen to not to consider the problems with the plan. The question, in times like these, is always “Why?”. Commissioner Marine said something interesting: whenever a project like this comes up, he takes into account whether or not he would like to live near the development. In this case, he stated, and rather emphatically, “No.” But then he voted to approve the project. Maybe “interesting” isn’t the right word.

What was the issue? PLN2007-06419/CEQ2007-01047. 2585 El Camino Real, a 1.45-acre site on the north side of El Camino Real, just east of Saratoga Creek and 490 feet west of Morse Lane. This is the old Wheels & Deals site. The property is zoned CT (Thoroughfare Commercial). The applicant and owner is Greg Malley, of The Nobel Group.

The requests were numerous:

General Plan Amendment #68: change General Plan from Mixed Use (MU) to Transit-Oriented Mixed Use (TMU)

The General Plan Amendment is required to allow the four-story mixed use project with a few ground floor retail shops and 60 rental units above and behind, for a maximum density of 45 units per acre (High-Density) and a height over 50 feet that of adjacent residential lots. If left at the current Mixed Use, the maximum-allowed density would be almost half that of TMU at a “mere” 25 units per acre, with a height maximum of 45 feet.

Rezone from CT (Thoroughfare Commercial) to PD (Planned Development)

The rezone is required to allow the apartment complex to be built on land that was originally intended for commercial business.

Adopt Mitigated Negative Declaration

The adoption of the Mitigated Negative Declaration is required to justify the construction despite the impact it will have on the neighboring community and the traffic flow on El Camino Real, and eventually San Tomas and Lawrence Expressways.

So why is this a problem, and what does it have to do with the Planning Commission?

The applicant Greg Malley made an impassioned speech on 28 May 2008 — the first time this went before the Planning Commission — stating how much he paid for the property ($5 million) and how much Kevin Riley’s requirement to turn over 10% of the units (10% of 60 is 6, as is 10% of 51 according Mr. Malley) for Below Market Rate (BMR) housing affects his bottom line. He couldn’t, he complained, take off even a single unit because the fact that he would still have to give 6 units instead of 5 would absolutely shatter his wallet. The fact that the commission agreed to consider other compensation for any fractional units never came into play because, a month later, Mr. Malley has returned with essentially the same proposal, with a single change to the rear building height to bring it closer to, but not quite within, compliance.

The condominium units would not even be sold initially because of market conditions. Mr. Malley would rent out the units until a time came when it would be profitable for him to sell. For apartment to condominium conversions, that time is usually when the cost to upkeep the property becomes noticeable because the units have become so old. Worse yet, if this project went through, he publicly announced his intent to develop the neighboring lot and do the same thing there.

I mentioned it in my public comment in this context: It’s clear that the applicant is only in it for the money; however, regardless of how much the applicant paid for the property, profit should not be the main driving force behind approving this project, or any project like this. Commissioner Marine picked up on that comment and stated strongly that the commission must take this into consideration, because, face it, everybody that comes before them has profit in mind. They as a city cannot allow unprofitable projects, it’s not good for business.

They as a Planning Commission shouldn’t let profitability to come into consideration when reviewing projects for approval. It’s not even allowed. Commissioner Sarodi tried to make this point late in the discussions while explaining why he was against the project.  Likewise, while they can postulate on different possible outcomes if the project is denied, they should not use those suppositions as a basis for approval. It’s not allowed. If the project is denied and the CT zoning is maintained, Commissioner Marine is correct in stating that the applicant could come back with a commercial project that was 35 feet tall that met the conditions the CT zoning lays out without having to come before the commission. But that has nothing to do with this proposal and shouldn’t have affected this approval. But it’s clear it was a sticking point for him; he brought up the thought multiple times.

Commissioners Marine and Stattenfield both seemed to see the light when it came to the traffic and the specifications of the project. Commissioner Marine went as far as to say that if there were any doubt concerning the traffic findings, the only possible motion was to deny. But then he spun himself around on the issue of protecting applicants from their own decisions and spun again on fears of future proposals. Note to Mr. Marine: a 35-foot commercial project on a lot zoned for Thoroughfare Commercial with all of the requirements that come with it would be far better than 60 units of High-Density housing over 50-feet tall and a mere 20 feet from single-family residential houses, and on a street with poor access.

Traffic and Access

The section of El Camino Real immediately in front of the property has a four-foot cobblestone median strip preventing any east-bound traffic from entering the site directly. Residents and patrons who wish to do so must continue on to the break in the median at Buchanan Drive, or a little further down at Morse Lane, and make a U-turn — not the easiest of things to do, given the traffic on El Camino Real at that point; to say that that area is busy is accurate. Drivers wishing to go north on San Tomas will recall having to wait multiple lights before they were able to make it to the left turn lane, let alone onto San Tomas itself. They may also recall having to wait on the west side of the break at Morse Lane so that cars could be let through. Neither left-turn lane is long; the turn at Buchanan drive will fit three, perhaps four, cars before the traffic on El Camino Real is impeded. The left-turn lane onto Morse Lane is even shorter, and neither intersection is controlled by lights. These facts will likely increase the traffic on side streets north of the proposed site, on streets like Warburton, Cabrillo, or Monroe, or simply make the traffic on El Camino Real worse.

The same median prevents residents of the proposed apartments from turning left onto El Camino Real as well. To do so would require them to cross three lanes of traffic and then make it into the left-turn lane at Bowe; failing that, the next opportunity occurs at Kiely Blvd. At least these intersections have lights and longer left-turn lanes. We really need to look into the data the EIR company (David J. Powers & Associates) used to determine the impacts. Were they only considering numbers, or did they actually work out how the people would get in and out of the complex?

Parking and Layout

Commissioner Sarodi brought up some excellent points — and from a residential perspective. When friends or family live in a complex with reduced parking, it becomes difficult for others to visit them. The project provides 1.5 parking spaces per unit, with another 30 spaces are shared with the retail component — of which 5 or 6 spaces are reserved for handicapped parking, which brings us to a hair less than 2 spaces per unit, and not well-distributed. Let’s do some supposition of our own. If we believe local garage-use studies and acknowledge that some percentage of enclosed garage space will be used as storage, that will put a number of cars belonging to multi-bedroom apartments onto the street. Exactly how much parking does El Camino Real afford in front of the complex between Bowe and Buchanan? About eight spaces, first-come-first-served. And as Mr. Malley mentioned, the units won’t even be sold initially, but rented, which means that there will be no CC&Rs in effect to control the parking either.

And there is only one entrance and exit to this site. Many people who look at the drawings may be fooled into thinking that the parking lot forms an inverted U around the buildings, resulting in two different entrances to the property on El Camino Real, but closer inspection will show that the western leg of the U is really a walking path and the single driveway that leads into the property dead-ends some distance after the left-turn. That means that every row of cars inside the parking lot dead-ends to the west. That means that if residents, customers, or guests misjudge the number of the space, or the number of available spaces, they must back out completely, because in the worst case they won’t even have enough space to turn around. And heaven forbid that two people make the same mistake on the same row. A single accident on El Camino Real, or in the parking structure, or along the back row, can block many other cars, or, worse yet, trap residents.

Transit

Less of this would be a problem if the project were located in a real transit area with easy access to Caltrain, or light rail, or even diverse bus service. But it’s not. It’s changed to TMU (Transit-oriented Mixed Use) simply to allow the unit density (60 units per acre), not because the transit situation will be improved, or is even good to being with. At least this proposal has mixed use, though.

It has been mentioned several times that the project is within walking distance to a supermarket. It doesn’t seem reasonable that someone buying groceries for a family would walk back without some sort of cart. Many people with families who live near a market still take a car, but roll that trip in with other errands to compensate. At the least, perhaps Mr. Malley would provide some community carts so that the local supermarket won’t have to bear the brunt of the cart costs.

Design

The buildings are 50 feet high, as measured from the project lot. The problem is that there was so little community outreach that the project architects (MBA Architects, 1176 Lincoln Av, San Jose) don’t even know that the adjacent residential lots drop about 2.5 feet just past the north wall. This becomes important when we look back at section 18.22.140:

(c) Building Height Limits. Structures are limited to four stories plus depressed parking. Total building height measured from adjacent grade shall not exceed fifty (50) feet.

That drop even makes the reduced 35-foot building out of compliance. It was very clear from their initial presentation that the architects were concerned about the heights and the massing of the complex, so much so that the mock-up picture they made was taken from a low angle and used a fish-eye lens effect to make the background buildings look smaller in relation to the foreground housing elements.

What does 45 feet of high-density apartment next to single-family homes look like? Here is a project the Planning Commission approved earlier this year on Cabot Avenue, near the corner of Lawrence Expressway and Stevens Creek Boulevard:

The Cabot development is only a fraction of the size of the development Greg Malley wants to build. The Wheels & Deals development will be almost twice as wide and block much more of the view than you can see above.

 

They are very similar in massing, though: three and four story sections less than 30 feet away from single-family homes.

 

The shadow study of the proposed Wheels & Deals development presented by the architect shows clearly that the backyards of the houses on the north border are perpetually in the shade (image forthcoming; studies done on both summer and winter solstices). A resident of one of those houses spoke at an earlier commission meeting describing her garden and fruit trees, which look like they will not be getting any more sun. I do not see how this can be an acceptable proposal, or how lacking staff must be to not even be able to suggest design changes. The EIR did not even go into alternative use studies.

I do like the walking path. But let’s not get started on the 100-foot setback from the creek that is not present.

This is Not What We Want As An Exemplar

Commissioner Todd Fitch acknowledges that we cannot control or demand specific types of development. I believe he is also one of the people to note that this project is the first development of its type along El Camino Real, which may explain why there is so much outcry.

Which also is why we should be more careful. You should not set precedent by approving a bad example of what we want in the future, a project so far from what’s desired that it requires a General Plan Amendment, a Zoning Change, and a Mitigated Negative Declaration to adjust for potentially “significant impacts related to air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, and noise.” That’s a long list; is there anything they think it won’t significantly impact? Besides traffic, I mean.

Mr. Fitch, for a first TMU project on El Camino Real, you are sending exactly the wrong message to developers with your approval. Especially to a developer who has explicitly stated plans to repeat what you have approved right next door. We are not against high-density, but bad projects: out of spec, out of greed, and out of their minds.

Rather than simply look at what we want on El Camino Real, we have to consider how it fits. And when a project looks good from one side, we must still consider the other. Compared to what is currently there, almost any new project looks good from El Camino Real. However, we must consider how the front of the projects transition to the back, where, although hidden from popular view, people live. Not hypothetical, future residents, but living, breathing, current tax-payers and voters.

The residents are not asking to stop development in general, but simply request that the projects accepted fit in with the area in question, do not negatively impact their homes and neighborhoods, and are built with their best interests in mind. When the staff presentations require strong-arm tactics, overlooked inaccuracies, and a process which prevents residents from pointing these things out; when projects require General Plan amendments, zoning changes, and expansive mitigation; when commissioners ignore the residents, proper procedure, and their own consciences; it’s time to review the people making the decisions, from staff on up.

It’s disappointing that our planning commissioners seem to know and care so little about our planning guidelines. It is made worse by the feeling that our planning staff seem to know and care so little about our citizens.