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HomeMy WebLinkAbout06-09-2010 Planning Commission PacketTable of Contents Agenda 2 May 26, 2010 Draft Minutes 4 Application ZOA10-0002 (City Wide) Memo 6 Application PDR10-0003 (386-10-036) 1777 Saratoga Avenue Staff Report 7 Resolution 11 Project Description Letter 16 Photo Simulations and Coverage Diagram 17 Public Hearing Notice 22 Neighbor Notification Letter 25 Presentation on Master Thesis Planning Report Memo 26 1 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, June 09, 2010 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners - Chair Mary-Lynne Bernald, Vice-Chair- Douglas Robertson , Manny Cappello, Joyce Hlava, David Reis, Linda Rodgers and Yan Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of May 26, 2010 ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 3, 2010 REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. PUBLIC HEARING 1. Application ZOA10-0002 (City Wide) - The proposed zoning ordinance amendment would create an exception process for the City’s lot coverage standards upon making certain findings. Any exceptions would require Planning Commission review and approval and be subject to appeal to the City Council. The amendment is exempt from the California Environmental Quality Act. (Cynthia McCormick) 2. Application PDR10-0003 (386-10-036) 1777 Saratoga Avenue - Application by NSA Wireless for Design Review for the installation of three cellular antennas and three microwave dishes to an existing monopole telecommunications site. (Christopher Riordan, AICP) 2 DIRECTORS ITEM COMMISSION ITEMS - Presentation on Master Thesis Planning Report (Rina Shah) COMMUNICATIONS ADJOURNMENT TO NEXT MEETING - Wednesday, June 23, 2010 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). POSTING Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on June 3, 2010, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 3 CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, May 26, 2010 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners - Chair Mary-Lynne Bernald, Vice-Chair- Douglas Robertson , Manny Cappello, Joyce Hlava, David Reis, Linda Rodgers and Yan Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of April 28, 2010 ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 20, 2010 REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. PUBLIC HEARING 1. APPLICATION MOD10-0003 (517-19-021) Tillet and Smith, 20316 Calle Montalvo - The applicant requests a modification of Design Review approval to add 1,215 square feet to an existing 3,676 square foot residence. The residence will remain single story and will not exceed 20-feet in height. The maximum impervious coverage will not exceed the allowable 45% of the net site area. The lot size is approximately 25,220 square feet and is located in the R-1-20,000 zoning district. Design Review approval is required pursuant to City Code Section 15-45.060(3), when any new single-story structure or addition to a single story structure over eighteen feet in height. The applicants intend to use much of the existing footprint and walls, however a majority of the existing walls will be demolished, therefore the Planning Division considers the structure a new residence. (Michael Fossati) (Approved, 7:0) 2. APPLICATION MOD09-0004 (389-12-017) Sand Hill Property, 12900 Saratoga Avenue - The applicant requests Planning Commission approval to modify an existing sign program to allow multiple freestanding site identification signs in and around a professional office complex (Saratoga Office Center) located at the southeast corner of Cox Avenue and Saratoga Avenue. Per Saratoga Municipal Code (SMC) Section 15-30.090 (d)(2), the Planning Commission shall have authority to grant exceptions to the 4 regulations contained in the SMC with respect to the number, size and height of identification signs, through the granting of a use permit pursuant to Article 15-55 of the Zoning Regulations chapter. The lot size is approximately 10.25 and the property is located in the Professional & Administrative (PA) zoning district. (Michael Fossati) (Approved with changes to the conditions 7:0) DIRECTORS ITEM COMMISSION ITEMS The Commission requested Rina Shah to present her thesis at a future Study Session or meeting. COMMUNICATIONS ADJOURNMENT TO NEXT MEETING – ADJOURNED 9:07 PM - Wednesday, June 9, 2010 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). POSTING Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on May 20, 2010, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 5 PLANNING COMMISSION MEMORANDUM TO: Planning Commission FROM: Cynthia McCormick, Assistant Planner MEETING DATE: June 9, 2010 ITEM: Lot Coverage Exception Process This item has been continued to a date uncertain. PROJECT DESCRIPTION: The proposed zoning ordinance amendment would create an exception process for the City’s lot coverage standards upon making certain findings. Any exceptions would require Planning Commission review and approval and be subject to appeal to the City Council. 6 REPORT TO THE PLANNING COMMISSION Application No. & Location: PDR10-0003; 1777 Saratoga Avenue Type of Application: Design Review for Three New Cellular Antennas and Three New Microwaves to an Existing Telecommunications Site Applicant/Owner: Sean Irish / NSA Wireless, Inc. Staff Planner: Christopher Riordan, AICP Meeting Date: June 9, 2010 APN: 386-10-049 Department Head: John F. Livingstone, AICP 1777 Saratoga Avenue 7 Application PDR10-0003; 1777 Saratoga Avenue EXECUTIVE SUMMARY PROJECT HISTORY Application filed: 03/16/2010 Application complete: 05/06/2010 Notice published: 05/26/2010 Mailing completed: 05/17/2010 Posting completed: 06/03/2010 PROJECT DESCRIPTION The applicant is requesting Design Review approval to install three new antennas and three new microwave dishes to the topmost portion of an existing monopole. The proposed project also includes the installation of one equipment cabinet to be installed on an existing equipment pad currently used by another telecommunications company. The existing 67’- 4” monopole would not be increased in height. The lot is 11,500 square feet and the site is zoned Professional-Administrative. PERMANENT CONDITIONS No permanent conditions are proposed. STAFF RECOMMENDATION Approve the Design Review application by adopting the attached Resolution. 8 Application PDR10-0003; 1777 Saratoga Avenue PROJECT DATA ZONING: P-A (Professional Administrative) GENERAL PLAN DESIGNATION: Medium Density Residential (M-10) MEASURE G: Not applicable. PARCEL SIZE: 11,500 sq. ft. ENVIRONMENTAL DETERMINATION The proposed project, which includes installation of new cellular communications equipment, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the Guidelines for Implementation of CEQA. This Class 3 exemption applies to new construction and the installation of small, new equipment and facilities in small structures. PROJECT DISCUSSION The applicant, representing Clearwire Corporation (Clearwire), is requesting Design Review approval to install three new panel antennas and three new parabolic microwave dishes onto an existing monopole. The existing monopole received Planning Commission Use Permit approval in March 1991 (UP-90- 009). Originally approved at a height of 45 feet, the monopole was increased to its current height of 67’- 4” with the approval of a subsequent Use Permit in January 1993 (UP-92-012). The monopole currently serves three telecommunications providers and each provider has their own cluster of antennas. The lower six antennas are owned by AT&T. The middle antennas are owned by Verizon. On January 13, 2010, Verizon received Planning Commission Design Review approval to reposition their six existing antennas and add three additional antennas. The upper four antennas are owned by Sprint Communications. The proposed antennas would be installed in the same location near the top of the tower as the existing Sprint antennas by extending the length of each of the existing mounting brackets. When complete, each mounting bracket would hold the existing Sprint antenna plus one additional panel antenna and one parabolic microwave dish. The electronics for each of the three existing telecommunications providers are contained in one equipment shelter and two equipment cabinets. The project would include the installation of an approximately four foot tall equipment cabinet to be located in a vacant area between the existing cabinets. Proposed coax cables would be located in the existing cable tray used by the other telecommunications providers. Clearwire is a wireless internet service provider (WISP) serving markets in the United States, Ireland, Belgium, Denmark, and Mexico. Clearwire uses wireless technology, dubbed WiMaxx, transmitted from cell sites over licensed spectrum of 2.5–2.6 GHz in the U.S. The company is headquartered in Kirkland, Washington. According to the applicant’s project description, the project is part of Clearwire’s efforts to provide 4G wireless internet capability to the Bay Area and 80 other U.S. cities in 2010. 9 Application PDR10-0003; 1777 Saratoga Avenue Proposed Exterior Materials and Colors The proposed antennas would be painted gray in color to match the existing monopole. The proposed antennas would be 48” long, 13” wide, and 5” thick. The diameter of the parabolic microwave dish would be 26.1”. The existing and proposed equipment cabinets are screened from offsite views with an existing six foot tall fence. Correspondence and Neighbor Review The applicant mailed Neighbor Notification Forms via Certified Mail to 18 adjacent neighboring property owners in December 2009. Only one form was returned to the applicant by a neighboring property owner at 18670 San Pablo Court. The City’s public hearing notice was mailed on May 17, 2010 to 45 property owners within 500 feet of the subject property. Staff has received no comments to date on this project. The mailing list is included as Attachment #4. FCC Requirements Under the Telecommunications Act of 1996, the Federal Communications Commission (FCC) has exclusive jurisdiction over RF emissions from personal wireless antenna facilities. Pursuant to its authority under Federal law, the FCC has established rules to regulate the safety of emissions from these facilities. Any interference to the established rules regulating safety of emissions will be against Federal law and in violation of Verizon’s FCC License. A condition has been added to the attached resolution that the applicant must meet all requirements established by the FCC. Surrounding Land Uses Surrounding land uses include a church and professional office buildings to the North with additional office buildings to the East. Lawrence Expressway spans to the South and West of the proposed project. On the opposite side of Lawrence Expressway are retail stores and single-family residences. Location and Alternative Sites Three existing telecommunications providers are located on the existing monopole. Since the monopole offers the opportunity for a collocation opportunity with an antenna height that provides an extensive coverage opportunity, no other alternative sites for the antennas were considered by the project applicant. Noise-Generating Devices The site currently has an emergency generator that was previously approved in October 2005. No additional noise-generating devices will be required for the project. The generator is screened by a sound barrier at the southwest corner of the property. Staff Recommendation Staff recommends the Planning Commission approve the proposed wireless facility by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval for Design Review PDR10-0003 2. Project description (prepared by Applicant) 3. Photo simulations and coverage diagram (prepared by Applicant) 4. Public hearing notice, address list, and affidavit of mailing notices 5. Neighbor notification letter 6. Reduced Plans, Exhibit "A" 10 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. 10-018 FOR APPROVAL OF DESIGN REVIEW Application # PDR10-0003 Clearwire (NSA Wireless) / 1777 Saratoga Avenue The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: I. Project Summary The City of Saratoga Planning Commission has received an application for Design Review Approval for the Project shown in Exhibit "A" including a photo simulation denominated Exhibit “B” date stamped March 16, 2010, incorporated by this reference. The proposed project is the installation of three new antennas and three microwave dishes to an existing monopole. The foregoing use will be described as the “Project” in this Resolution. II. Design Review Requirement City Code Section 15-46.020(a)(7) requires Design Review Approval for any new antenna facility operated by a public utility for transmitting and receiving cellular telephone and wireless communication. This Design Review Approval requirement implements the Saratoga General Plan, including but not limited to: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surrounding. III. Planning Commission Review On June 9, 2010, the Planning Commission held a duly noticed Public Hearing on the Project at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the Project, the staff report on the Project, CEQA documentation, correspondence, presentation from the Applicant and the public, and all testimony and other evidence presented at the Public Hearing. IV. Environmental Review The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15301), “Existing Facilities”. This exemption allows for minor modifications involving negligible expansion of use and no exception to that exemption applies. V. Design Review Findings The findings required for issuance of a Design Review Approval pursuant to City Code Section 15- 46.040 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: 11 2 Application No. PDR 10-0003; 1777 Saratoga Avenue (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color, and appurtenances. The proposed structure will be harmonious in appearance and design. The proposed antennas will be co-located on an existing monopole which already supports numerous antennas. The proposed antennas and microwave dishes will be painted a color to match the existing antennas and monopole structure. This finding can be made in the affirmative. (b) Where more than one sign will be erected or displayed on the site, the sign shall have a common or compatible design theme and locational positions and shall be harmonious in appearance. This project does not propose signage. This finding is non-applicable to the proposed project. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. This project does not propose landscaping or affect any existing landscaping. Existing vegetation is located on adjacent properties to mitigate the appearance of the monopole. This finding can be made in the affirmative. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. This project does not propose a wall or roofing materials. The site currently has a sound wall barrier, existing vegetation, and fencing that surrounds and blends in with the existing environment. This finding can be made in the affirmative. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. This project does not propose a roof or roof structure. This finding is non-applicable to the proposed project. (f) The proposed development shall be compatible in terms of height, bulk, and design with other structures in the immediate area. This project meets this finding in that the antennas and microwave dishes will be installed on an existing monopole that already accommodates numerous antennas. The project is surrounded by a main arterial street and numerous commercial and industrial properties and would not be a substantial visual impairment over what currently exists. This finding can be made in the affirmative. VI. Project Approval After careful consideration of the application, site plan, architectural drawings, and other materials and exhibits and evidence submitted to the City in connection with this matter, Application No. PDR 10-0003 (Planning Commission Design Review) for a wireless facility is approved subject to the conditions set forth below. 12 3 Application No. PDR 10-0003; 1777 Saratoga Avenue CONDITIONS OF APPROVAL A. GENERAL 1. The Planning Commission shall retain continuing jurisdiction over the Design Review and may, at any time, modify, delete, or impose any new conditions of the permit to preserve the public health, safety, and welfare. 2. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the city code including but not limited to section 16-05.035, as applicable. 3. The Community Development Director shall mail to the Owner/Applicant a notice in writing, on or after the time this Resolution of Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the Community Development Director certifies that all processing fees have been paid in full. 4. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution and the Design Review will expire unless extended in accordance with the City Code. 5. The facility shall at all times operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the facility pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Project shall maintain compliance with all applicable requirements of the State, County, City and other governmental entities having jurisdiction. 6. Prior to issuance of any demolition, grading, or building permit to implement this Design Review approval the Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. 7. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Design Review Approval. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and 13 4 Application No. PDR 10-0003; 1777 Saratoga Avenue b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the Community Development Director. B. COMMUNITY DEVELOPMENT 8. Compliance with Plans. The facility shall be operated, located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" and Photo Simulations denominated Exhibit “B”, date stamped March 16, 2010, incorporated by this reference. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to the requisite prior City approval. 9. Harmonizing with Existing Structures. Prior to the installation of the proposed panel antennas and accessory equipment, the antennas and equipment shall be painted a color similar to the existing antennas and utility tower subject to approval of the Community Development Director. 10. Safety Fencing During Construction. During all phases of construction, the Applicant shall install and maintain temporary safety fencing to restrict or prevent public access to active on-site construction activities, materials, or chemicals. 11. Decommission. If the subject site is decommissioned in the future, all cellular antennas and related equipment shall be removed within 30 days of cessation of operation. 12. Governmental entities. All applicable requirements of the State, County, City and other Governmental entities must be met. 13. Federal Communications Commission (FCC) Verification. The owner and/or Applicant for this Project shall contact the FCC and verify whether there are any required permits from said Commission. If required by the FCC, prior to issuance of Zoning Clearance for any proposed equipment installations (or if none, prior to commencement of the approved use), the Owner and/or Applicant shall submit to the Community Development Department documentation from the FCC showing proof of compliance of the proposed use and/or development with the FCC's requirements. 14. Fire Agency Conditions. Applicant shall comply with all Fire Agency Conditions. 14 5 Application No. PDR 10-0003; 1777 Saratoga Avenue 15. Building Department. Applicant shall comply with all building standards including any improvements necessary to comply with the building code. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 9th day of June 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mary-Lynn Bernald Chair, Planning Commission ATTEST: ___________________________________ John F. Livingstone, AICP Secretary to the Planning Commission ACCEPTANCE BY APPLICANT AND OWNER This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the time required in this Resolution by the City of Saratoga Planning Commission. __________________________________ ____________________________ Applicant Date __________________________________ ____________________________ Property Owner or Authorized Agent Date 15 16 17 18 19 20 21 22 23 24 25 MEMORANDUM TO: Saratoga Planning Commission FROM: Rina Shah MEETING DATE: June 9, 2010 SUBJECT: Presentation on Master Thesis Planning Report This is a short PowerPoint presentation which gives an overview of the planning report written by Rina Shah to fulfill San Jose State University’s (SJSU) graduate program in achieving a Master’s degree in Urban and Regional Planning. The topic for the master thesis is on “Downtown Revitalization of Saratoga.” Personal observations, surveys and data collected between June 2009 and April 2010 have lead to suggestions and strategies for future improvements to the downtown area, commonly known as the “Village.” The report contains colored visuals, pictures and maps throughout its content to give a better understanding of the assets that Saratoga’s Village currently has, highlights methods and tools that could be utilized towards maximizing some of those unique assets, and explains constraints that have restricted its development and growth. The qualitative analysis of the data results and suggestions further give relevance to the topic on the importance of revitalizing Saratoga’s downtown Village. Upon recommendation of the author’s SJSU advisor, the findings of the results will be shared during the presentation. 26