PC 072804 - Laserfiche WebLink

Ms. Nerland stated that while she was not present when the KB Homes project was done, she pointed out that for the Greenbriaz Homes project on west side of the property, the Specific Plan indicated that the conditions of approval required extensive disclosure statements and recorded documents such that not only initial buyers but all future buyers as well would be aware of all uses the City was contemplating for the entire Bernal Property. In response to Commissioner Fox's inquiry regarding the acoustical qualities of a wood fence as opposed to one made of solid material, Mr. Iserson replied that a totally sealed wood fence of a certain thickness and with no gaps would have the same acoustical properties as a masonry wall. Commissioner Fox then inquired if there were any other drive-through fastfood restaurants in the City located adjacent to a residential neighborhood and open until midnight, and who set the midnight closing hour for the Jack-in-the-Box drive-through. Mr. Iserson replied that he did not have the information at hand and that the Planning Commission had approved the midnight closure for the Jack-in-the-Box drive-through. Mark Hirsch, 40931 Fremont Boulevazd, Fremont, stated that he went to KB Homes at the time the first homes were being sold and before Danville Petroleum bought the property in 2001, and he was told that there would be a gas station on the site; he did not receive any written disclosures. He reiterated that the fence, as proposed, would help alleviate the noise issue and that they would do everything possible to be good neighbors. Fred Svinth, Illingworth & Rodkin consultant, offered to answer any questions regarding the noise study. Commissioner Arkin inquired if the active noise cancellation technology can be applied to the noise situation. Mr. Svinth replied that the technology needs a controlled space and, therefore, cannot be applied in an open environment. He added that the canceling signal cannot be applied inside the carwash as it would not be able to control the sound movement, thereby amplifying other sounds and causing an even louder noise. Commissioner Fox inquired if the carwash could be reversed locating it closer to Valley Avenue or Bernal Avenue with the exits on the other side. Mr. Svinth replied that the exits are now located away from the houses and that the noise would be significantly worse if the location were reversed. In response to Commissioner Arkin's question whether the location of the noise measurements were at the property line of the residences, Mr. Svinth replied that two separate surveys were done at the property lines of two different properties - 1700 Whispering Oaks Way and 1693 East Gate Way -with results ranging from 63 dBA to 66 dBA. Commissioner Arkin further inquired if the reading would drop if a fence were built; Mr. Svinth replies that the reading would drop one dBA per foot of wall height. PLANNING COMMISSION MINUTES July 28, 2004 Page 6 of 19