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PC Min - 05/08/2012CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MAY 8, 2012 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 8, 2012, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Alster and the following proceedings were had, to wit: ROLL CALL Commissioners Present Commissioners Absent: Staff Present: APPROVAL OF MINUTES Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Community Development Director: Planning Manager: Associate Planner: Assistant Planner: City Attorney: Recording Secretary: Motion: Upon motion Commissioner the meeting Commissioner abstained) COMMUNICATIONS Theresa Alster Philip C. Reynolds, Jr. Brian Brennan Elizabeth Gibbons Paul Resnikoff Bob Roseberry Mark Ebner Kirk Heinrichs Paul Kermoyan Steve Prosser Daniel Fama William Seligmann Corinne Shinn by Commissioner Resnikoff, seconded by Reynolds, the Planning Commission minutes of of April 24, 2012, were approved. (4-0-1-1 Ebner was absent and Commissioner Gibbons 1, Correspondence from applicant for Agenda Item 2. Campbell Planning Commission Minutes for May 8, 2012 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Alster said that she must recuse from participating on the next hearing item as she is within the noticing distance. She turned the gavel over to Vice Chair Reynolds and left the dais and chambers. Vice Chair Reynolds read Agenda Item No. 1 into the record as follows: 1. PLN2012-02 Public Hearing to consider the application of Mr. Chris Yamashita, C. Yamashita for a Conditional Use Permit (PLN2012-02) to allow the establishment of a new restaurant (Brown Chicken Brown Cow) including outdoor seating, general alcohol sales, and late night operational hours on property located at 397 E. Campbell Avenue in the C-3 (Central Business District) 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 Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Advised that the project site is on the north side of E. Campbell Avenue between Central and Railway. The tenant space is located behind a retail clothing/accessory shop that fronts on Campbell. • Said that a new restaurant is proposed for a vacant space that will include outdoor seating, alcohol sales and late night hours. • Reported that a Conditional Use Permit is required for general alcohol sales, hours to midnight and clean up hours to 1:30 a.m. • Explained that there will be 36 interior seats consisting of 8 bar seats (representing the maximum of 25 percent allowed) and 28 interior table seats. Additionally 32 outdoor dining seats will be located in two separate outdoor seating areas. • Stated that there was no SARC review given the minor exterior changes proposed. Work to be done includes screening of roof-mounted mechanical equipment, the relocation of the main entrance from the south elevation to the west elevation and the provision of a disabled access ramp. • Recommended that the Commission adopt a resolution approving this Conditional Use Permit for general alcohol sales, outdoor seating and late night operational hours. • Said that the applicant was available this evening. Campbell Planning Commission Minutes for May 8, 2012 Page 3 Commissioner Resnikoff asked if the applicant is aware of their limited options as far as signage. Planner Steve Prosser: • Said that there are two types of signs available, a projection sign or shingle sign. • Added that they also have an opportunity to reface an existing directional sign by modifying it to serve this business. • Stated that staff has cautioned the applicant that signs such as sandwich-board signs are prohibited. Commissioner Gibbons: • Said that this is a good staff report. • Stated her desire to comment on the issue of the Police Department's concern over the issue of alley lighting. • Pointed out that the alley roadway and space between buildings is privately owned. With the installation of the outdoor seating within this walkway area, just athree- foot wide pedestrian passage will be available when the typical width is five feet. She asked staff if they have any observations about that fact. • Added that it is not a quality environment around this alley. There is an adjoining new restaurant with kitchen off its alley access. • Asked who controls the alley and how much of a potential nuisance factor there might be from this alley for this new business. Planner Steve Prosser assured that the Building Department has reviewed the plans and the proposed 36-inch wide sidewalk passage area complies. He agreed that the alley is not public. Authority and policing of the use of the alley is handled through the owners and City's code enforcement as necessary. Commissioner Gibbons asked if they can do whatever they want. Planner Steve Prosser said that there is an access easement in place to allow vehicular passage along that back alley area. Commissioner Gibbons: • Pointed out that no actual documentation of that easement exists. • Suggested that a condition of approval be considered to require the back alley be left with free access and that there is no intention to block it off. • Stated that the issue of garbage enclosures is an important one for her. • Reminded that usually it is not allowed for uses occurring on one property to utilize the garbage enclosure(s) from another property. • Said that this project is good but the location looks a little weird. • Added that the proposed later hours bother her because of where it is and due to its proximity of nearby residences. Planning Manager Paul Kermoyan pointed out that a proposed fence encloses the outdoor dining area. If that fence is not needed, dining chairs can be more free flowing and more set up options would be possible. Campbell Planning Commission Minutes for May 8, 2012 Page 4 Commissioner Reynolds: • Asked to what extent staff and the Commission take into consideration the safety of the structure itself. • Said that on his site visit he noticed rotted columns and wood rot over the proposed outdoor dining area that didn't look safe. • Questioned whether a condition of approval to take care of these types of issues is outside of the jurisdiction of this Commission. Director Kirk Heinrichs: • Pointed out that there will be fairly extensive interior improvements to accommodate this restaurant. • Added that he can ask Building staff to look into it. If there are safety hazards, Building can make that determination. Commissioner Reynolds: • Reported that a neighbor had mentioned to him that the circuit panel for this space is actually located in the front tenant space. • Asked whether that panel should be moved. • Questioned what might occur if a circuit goes off and this tenant cannot reach the box to switch it back on without guaranteed access. Director Kirk Heinrichs said that with the amount of tenant improvement planned the electrical is most likely to also be updated. Planning Manager Paul Kermoyan said that a project like this one gives an opportunity to bring an older building up to current Code standards. He assured that current Building Code standards will apply and that access to the panel will have to be provided. Vice Chair Reynolds opened the Public Hearing for Agenda Item No. 1. Mr. Chris Yamashita, Applicant and Business Owner: • Stated that he is excited to move forward and appreciates the consideration by the Commission at this evening's hearing. • Said that Planner Steve Prosser has been helpful. • Assured that his business concept is a good fit for the community. • Explained that the need for early hour operation will allow him to prepare and get ready for brunch service especially during the Farmer's Market. • Added that people want food establishments to be open later. • Stated that his restaurant will be casual but not rowdy. • Said that he is happy to close by 12 a.m. but needs the time through 1:30 a.m. to close his restaurant properly and get set up for work the next day. Commissioner Roseberry asked for the purpose and concept of the screening of the outdoor seating areas. Campbell Planning Commission Minutes for May 8, 2012 Page 5 Mr. Chris Yamashita: • Said that it is to separate the seating from the alley. • Added that he is happy to work with Planning and Building staff on final implementation. Perhaps they could use planters or some other means that will help make this a pleasant atmosphere for outdoor dining perhaps using foliage to create a garden feel. • Added that a fence itself is not something that they absolutely have to have. Commissioner Roseberry said it appears the other outdoor area's proposed screen is portable and on wheels and about 34-inches tall. Commissioner Resnikoff asked Mr. Chris Yamashita to confirm that he is okay with the sign regulations. Mr. Chris Yamashita: • Replied yes. • Added that he is working with the property owner to get the existing monument sign modified. • Stated that he believes that this location is so great that he can work with it. • Said that a big flashy sign is not necessary. Commissioner Resnikoff: • Said that there are obvious short comings with this location. • Questioned the need for more preparation time in the morning than after closing in the evenings. Mr. Chris Yamashita explained that he will personally be doing the morning prep work alone most of the time to save labor costs. It involves technical work such as making sauces and that takes time. Later with more help in the morning, prep work could require less time. Commissioner Resnikoff reiterated that the early prep would likely be just one person. Mr. Chris Yamashita replied yes. Commissioner Reynolds asked Mr. Chris Yamashita if his restaurant is part of a chain. Mr. Chris Yamashita replied "not yet". He added that he was born in Campbell. Mr. Bruce Bowen, Property Owner: • Assured that he would address the issues with this tenant space. • Reported that it has been a difficult location with tenants who have come and gone, many of whom didn't pay their rent. Said that having the open patios is a good opportunity as this is a quiet location and patrons will be able to enjoy the serenity. • Agreed that the existing sign needs some "TLC", which they intend to do. Campbell Planning Commission Minutes for May 8, 2012 Page 6 • Reported that he was told by an authority on restaurants, "If the food is good, they will find you." • Said that they plan to replace the roof, eaves, posts, as well as other improvements to bring this space up to Code. • Said that additional power will be provided at this location with a new panel and lots of electrical work planned. • Said that in the past use of the alley has been an issue. Having people use the space back there will help a lot. Having a few people in the shadows is more of a problem than having an operating business back there. Commissioner Gibbons asked about the trash. Mr. Bruce Bowen reported that his family has owned this property for 50 years and the trash has always been where it is now. He added that he is happy to ensure access. Commissioner Gibbons pointed out that there are specific environmental requirements for restaurants including covered trash enclosures. Mr. Bruce Bowen said that they will cover their existing enclosure. Commissioner Gibbons said that for every project she has touched the enclosure has had to become bigger to meet standards. Vice Chair Reynolds closed the Public Hearing for Agenda Item No. 1. Commissioner Resnikoff: • Said that he likes this project. • Added that there are conditions to deal with lighting, garbage and hours of operation. • Stated that he can understand a new business owner operating with a single person at the start to handle the morning prep work. • Said that this new business owner is fine with the signage opportunities. • Concluded that everything is positive and the menu looks good. • Advised that he is intrigued by and looking forward to trying out the "Angry Goat Burger" from the menu. Commissioner Reynolds: • Agreed that the food on this menu looks appealing. • Said that he also believes that if food is good customers will be attracted. • Stated that word of mouth is a great thing. • Added that having another restaurant on this side of town will help bring more people to this end. • Advised that he would support the project. Campbell Planning Commission Minutes for May 8, 2012 Page 7 Motion: Upon motion of Commissioner Brennan, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 4064 approving a Conditional Use Permit (PLN2012-02) to allow the establishment of a new restaurant (Brown Chicken Brown Cow) including outdoor seating, general alcohol sales, and late night operational hours on property located at 397 E. Campbell Avenue, subject to the conditions of approval, by the following roll call vote: AYES: Brennan, Gibbons, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Ebner ABSTAIN: Alster Vice Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Chair Alster returned to the chambers and dais and assumed the gavel. *** Chair Alster read Agenda Item No. 2 into the record as follows: 2. PLN2012-81 Public Hearing to consider the application of Mr. Sam Ramirez Ramirez, S. for a Modification (PLN2012-81) to a previously approved Conditional Use Permit to change the hours of operations and number of seats for an existing restaurant (EI Guapo's) on property located at 266 E. Campbell Avenue in the C-3 (Central Business District) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Described the project site as being on E. Campbell Avenue, between First and Second Streets. The site is zoned C-3 (Central Business District) and the General Plan land use designation is General Commercial. • Gave an overview of the background of this location. It is currently operating under a 2004 Conditional Use Permit that allows hours to 2 a.m. with beer and wine sales. Anew CUP was approved in 2011 to expand the restaurant into the adjacent tenant space. • Reported that since the 2004 approval, the City has modified its Downtown Alcohol Beverage Policy to require closure at 12 a.m. • Advised that at this time the applicant is seeking a Modification of their 2011 approval to extend their existing 1 a.m. closing time to 1:30 a.m., Thursday through Saturday and to allow 10 special events per year for holidays that don't fall on a Thursday, Friday or Saturday to allow them to stay open to 1:30 a.m. and to extend Campbell Planning Commission Minutes for May 8, 2012 Page 8 alcohol service from 11:30 p.m. to 12 a.m. They also want to expand seating from the existing 40 to 64, including a 16-seat bar, and to extend outdoor seating hours to 12 a.m. • Added that no more than 25 percent of an establishment's seating can be bar seating. • Said that staff has reviewed this request against the City's DT Alcohol Policy, which requires alcohol service to cease at 12 a.m. A restaurant can stay open past midnight but no alcohol sales may occur after midnight. A condition of approval limits alcohol consumption up to 12 a.m. No alcoholic drinks may be left out on the tables after 12 midnight. • Advised that this request is compliant with the DT Alcohol Policy and recommended adoption of a resolution approving a Modification to this CUP subject to the conditions of approval. Commissioner Brennan asked if these consumption limits have been used for other locations in the Downtown and if so how effective is this requirement. Planner Daniel Fama explained that this is the first time this limitation has been imposed. Commissioner Brennan asked if it is at the request of the Police Department. Planner Daniel Fama said that there is a Police Department representative available this evening who can best answer that question. Director Kirk Heinrichs said that this is a unique situation to allow this business to continue to serve food while honoring the intent of the Alcohol Policy to end any alcohol service right at midnight. Commissioner Reynolds asked if the business is expected to take alcohol away from patrons right at midnight. Planner Daniel Fama said that the owner is responsible for his occupancy limitations and can determine how best to implement the cut off of alcohol service at midnight. One option may be to stop sales at 11:30 p.m. so the last drinks have been consumed by midnight. Director Kirk Heinrichs said that this condition meets the spirit of the Alcohol Policy. The assumption with the policy was that the businesses would close at midnight. However, since this establishment wants to stay open to serve food past midnight, staff felt this was a reasonable approach. It will work to the owner's advantage to make sure his patrons understand that alcohol is no longer available right at midnight. Commissioner Roseberry asked staff to give an overview of the applicant's letter received as a table item. Planner Daniel Fama: • Said that the applicant concurs with the 11 p.m. end of use for outdoor seating. Campbell Planning Commission Minutes for May 8, 2012 Page 9 • Reminded that the current Use Permit approved in 2004 is how the business is operating at this time. A CUP approved in 2011 has been vested by the applicant but not yet executed. They have not yet secured their general liquor license nor expanded into the adjacent tenant space. Planning Manager Paul Kermoyan reminded that alcohol sales end at 11 p.m. Director Kirk Heinrichs said that the restaurant currently operates with a beer and wine license. Their general alcohol liquor license is pending. The Police Department has some concern since this location has not yet operated with a general liquor license. Commissioner Resnikoff asked who will enforce the time limit on alcohol consumption and how that will occur. Is there a realistic ability to enforce this? Commissioner Gibbons: • Said that staff has been creative to help this applicant get a portion of what they are looking for. • Agreed that there is a challenge on how the cessation of alcohol sales and consumption at midnight will be enforced. • Added that if problems come up, this CUP could revert back to closing at 12 a.m. if control of the alcohol after that hour cannot be achieved. • Stated that this becomes the incentive for this owner to make it work. Planner Daniel Fama: • Said that the issue wasn't dealt with adequately when the 2011 CUP was considered. • Added that the requirements are being tightened and clarified with this updated Modification to the 2011 CUP. Sergeant Joe Cefalu, Campbell Police Department: • Advised that PD's concerns about the outdoor seating have been addressed with additional exterior lighting. • Said that ensuring that there would be no alcohol service beyond midnight was the concern of PD especially on how to regulate that if the business remains open beyond that time with food service. • Stated that the outright prohibition of alcohol consumption beyond midnight makes enforcement possible. If an officer enters and sees consumption of alcohol occurring after midnight, that becomes a clear ABC violation and PD will notify ABC. • Agreed that outright preventing consumption after midnight is easier to enforce than having the business simply stop further sales after midnight. Commissioner Roseberry asked Sergeant Cefalu what actions would be taken by PD if alcohol is seen being consumed beyond midnight. Sergeant Joe Cefalu said that it would either be a citation or a warning issued. Campbell Planning Commission Minutes for May 8, 2012 Page 10 Commissioner Roseberry asked if it would be possible for PD to notify Planning should a violation occur. Sergeant Joe Cefalu replied yes. Commissioner Resnikoff: • Asked if a similar restriction is familiar to ABC. • Pointed out that the City is trying to do the right thing and wonders if ABC will respond accordingly. Sergeant Joe Cefalu said that he is not aware of a business operating under similar conditions but he knows that ABC takes a City's conditions of operation seriously and would likely take action if the rules are not followed. Commissioner Roseberry asked if this is an ABC rule and would ABC recognize Campbell's conditions are is the City left with just the option for the Director to yank the CUP upon violation of its conditions. Sergeant Joe Cefalu said that on the City's governmental side of this issue, Campbell can take administrative action for violations of its conditions of approval. Commissioner Reynolds asked Sergeant Joe Cefalu if there is something specific about this particular business that justifies this limitation on alcohol service. Director Kirk Heinrichs said that the reason to stop consumption of alcohol at midnight is to meet the DT Alcohol Policy requirements to do so. This applicant is asking something unique; to be able to serve alcohol up to midnight and after alcohol sales stop after midnight they can stay open and still offer full food service. This condition ensures that the spirit of the policy is met and still allows food to be served. Chair Alster asked Sergeant Joe Cefalu to verify PD support of this request. Sergeant Joe Cefalu said PD does support with staff's recommended conditions. Chair Alster opened the Public Hearing for Agenda Item No. 2. Mr. Sam Ramirez, Owner & Applicant: • Thanked the Commission for their time. • Introduced his business partner, David Powell. • Explained that he has been in business in Campbell for approximately 10 years with the Cardiff and with this business since 2004. • Assured that he always does a good job of following the rules and at keeping his customers from being unruly. • Advised that they plan to stop serving at a decent time so as to be able to comply with the midnight end of alcohol consumption. They already stop alcohol service early. • Added that he will properly train his staff and customers to honor the conditions. • Stated that he is very confident that he can make this happen. Campbell Planning Commission Minutes for May 8, 2012 Page 11 • Said that they really want to sell late night food. Mr. Dave Powell, Business Partner: • Said that he is in partnership with seven different businesses in San Jose, Los Gatos and Willow Glen. He said that they are excited to now be involved in Downtown Campbell. • Reported that every business has ABC regulations that have conditions of approval that are concurrent with the conditions imposed by a City through a CUP. • Stated that there is no obscurity or grey area under the conditions, which should ease any concerns. • Assured that they will comply with the requirement to cease alcohol service at midnight and that they have actually already begun to do so. • Reiterated that their focus at this location is with food service. Last call will be at 11:30 p.m. Alcoholic drink glasses will be collected from the tables by midnight. • Reported that they have a faithful and regular client base that comes back again and again. Chair Alster closed the Public Hearing for Agenda Item No. 2. Commissioner Gibbons: • Said she wanted to clarify one point and that is the request for 10 special dates of extended hours to 1:30 a.m. • Asked Planner Daniel Fama to give the history on that request. • Questioned whether the only other business with this condition is Sonoma Chicken Coop. Planner Daniel Fama replied that is correct. He added that while Sonoma has no notification requirement of which special dates they utilize, this applicant is being conditioned to provide the City with 30 day advance notice of plans for one of ten allowed special days. Commissioner Gibbons: • Said that she thought that allowing 10 additional dates with late operation is flouting the intent of the Downtown Campbell Alcohol Policy. • Added that she did not believe that there is any basis to give 10 additional late nights per year. • Stated that she feels noise conditions "L" & "S" are potentially conflicting. One requires doors and windows to be closed by 10 p.m. The hours of operation are to 1 a.m. • Expressed concern about noise controls. • Said that noise related to trash clean up has been taken care of. • Said that she would remove condition B and proposes stronger language for Condition 4 stating that if problems arise that the closing time would revert back to midnight. Chair Alster agreed with Commissioner Gibbons that allowing 10 additional dates for late operations is not warranted. Campbell Planning Commission Minutes for May 8, 2012 Page 12 Commissioner Brennan asked if the DT Alcohol Policy mandates earlier closing based on day of week. Director Kirk Heinrichs said no. Commissioner Brennan asked the basis for different closing hours under the conditions of approval. Commissioner Gibbons said that there is no reason to support allowing operations to 1:30 a.m. for 10 more days each year. Planner Daniel Fama clarified that the later closing time on those 10 special dates is for food service and not for expanded alcohol service to 1:30 a.m. per condition 5-C. He added that Sunday through Wednesday the closing hour is 1 a.m. Commissioner Roseberry reiterated that every day of the week all alcohol is off the tables by midnight. Food can be served to 1 a.m., Sunday through Wednesday, and to 1:30 a.m., Thursday through Saturday. They are asking for 10 more late days for food service only to 1:30 a.m. if a special holiday (Cinco de Mayo, St. Patrick's Day, etc) should happen to fall on a Sunday, Monday, Tuesday or Wednesday. Commissioner Resnikoff asked why this business needs to report their 10 days if Sonoma doesn't have to do so. Planner Daniel Fama said that is in response to their request. It is also a more expeditious use of staff time to deal with this issue once a year rather than up to ten times per year. He added that the applicant wants some flexibility as to which 10 days per year. Commissioner Reynolds: • Said that he would support this request including the 10 additional days with 30-day advance notice. • Reminded that the General Plan includes goals of achieving an active downtown. • Stated that this applicant is in good standing with the City and is working to cooperate with conditions. There have been no adverse impacts from this business. • Said that this applicant has made a good effort to help make the downtown a good place. • Pointed out that this applicant supports the conditions of approval proposed and said that the Director can pull back the hours in the event that problems are created and bring this Use Permit back to the Planning Commission. Commissioner Gibbons: • Said that she was comfortable with alcohol sales. • Reminded that they are not extending outdoor seating to midnight and there should be no alcohol on the patio after 11 p.m. • Agreed that the doors would not be closed at this location by 10 p.m. given the unique configuration of this space with its roll up doors. Campbell Planning Commission Minutes for May 8, 2012 Page 13 • Said that there have been noise impacts in the past with use of back doors and associated noise with placing bottles into the recycling container. • Stated that it doesn't seem like an extra half hour per day is worth it. Commissioner Resnikoff: • Said that he is fine with this request. • Added that PD is supportive with the conditions that help with enforcement. • Expressed that he had no issues with the request for 10 extra days of extended hours. Commissioner Roseberry agreed this is not a big deal. He said most of the requested additional 10 days will be obvious holidays. He reminded that there are prime restaurant locations that will soon be opening in the downtown. Commissioners Gibbons said that the allowance for Sonoma pre dated the adoption of the current DT Alcohol Policy. She said that the Commission should not go there with this use. Chair Alster reminded that the later hours are simply for food service. Commissioner Reynolds: • Agreed that the added hours are simply for food service. • Pointed out that the food service industry is extremely competitive and every small business owner is looking for that edge. • Added that this business is not asking for very much. This is a small business owner and not a big chain. Commissioner Brennan said that it might be a virtue to have food available later. Commissioner Gibbons: • Reminded that there are rules and regulations for the Commission to work with although there may be debate and differences of opinion on their application. • Said that it is not the responsibility of the Commission to provide a business the opportunity to make money. • Stated her appreciation and agreement with wanting to support businesses. Commissioner Roseberry: • Agreed that food service later is a benefit. • Added that 10 more days per year with later operation of food service is not a deal breaker and should be okay. Chair Alster: • Expressed agreement with Commissioner Roseberry. This is just food service and another 30 minutes for customers to eat. • Said she would support this application as it stands. Commissioner Gibbons clarified that the outdoor seating is until 11 p.m. Campbell Planning Commission Minutes for May 8, 2012 Page 14 Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4065 approving a Modification (PLN2012-81) to a previously approved Conditional Use Permit to change the hours of operations and number of seats for an existing restaurant (EI Guapo's) on property located at 266 E. Campbell Avenue, by the following roll call vote: AYES: Alster, Brennan, Gibbons, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Ebner ABSTAIN: None Chair Alster advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Alster read Agenda Item No. 3 into the record as follows: 3.. PLN2010-05(UP) Public Hearing to consider the application of the Westgate PLN2012-64 (TRP) Congregation of Jehovah Witnesses for a Conditional Use PLN2012-65 (PMP) Permit with Site and Architectural Review (PLN2010-05); Westgate Tree Removal Permit (PLN2012-64) and Parking Congregation of Modification Permit (PLN2012-65) to allow for the Jehovah Witnesses construction of a new sanctuary on property located at 230 Virginia Avenue in a P-F (Public Facilities) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Reported that the project site is a 3/4 acre property developed with a sanctuary. • Described the surrounding uses as single-family to the north; a skilled nursing facility to the south; and a creek to the east. The Zoning is P-F (Public Facilities) and the General Plan land use designation is Institutional. • Advised that this use is allowed with a Use Permit. • Said that the proposal is for a new sanctuary consisting of 5,000 square feet with 176 fixed seats and 59 non-fixed seats. The building incorporates simple contemporary design, hip roof forms to minimize mass, and stone veneer. • Stated that 45 parking spaces are proposed for the back of the site with new landscaping. • Said that the primary use of the sanctuary is religious services held mornings, afternoons and evenings between 9:30 a.m. and 9:30 p.m. A condition of approval is a limitation to between 7 a.m. and 10 p.m. Campbell Planning Commission Minutes for May 8, 2012 Page 15 • Advised that typical attendance runs between 90 and 140 people. In addition to regular services there are also occasional special events such as weddings and memorials with a maximum occupancy of 239. These occur generally six times per year. Staff has conditioned up to 12 per year. Each special event runs from one to two hours so a condition sets a maximum of three hours per event. • Explained that the parking for the fixed seats is 44 spaces. The non-fixed seats would require an additional 15 spaces for a total of 59. Therefore there is a deficiency requiring a Parking Modification Plan. The Parking Modification Plan can be supported due to the limited number of activities on this site per year as well as the fact that this use has been in place for years without complaint. The current operations would not change with the new building. • Said that a condition of approval requires written and verbal instructions to members about use of carpooling as possible and an attendant to supervise off-site parking by members for larger events. A maximum of 12 events lasting a maximum of three-hours per are conditioned. • Recommended approval of a resolution for this Use Permit, Parking Management Plan and Tree Removal Permit. Commissioner Roseberry asked if street parking is not counted. Planner Daniel Fama replied no, parking must be satisfied as provided on site. Commissioner Roseberry said it appears there is space for three cars in front of this site. Planner Daniel Fama said approximately. Commissioner Resnikoff pointed out that per staff there have been no problems or complaints and despite the public notification no correspondence in opposition has been submitted. Planner Daniel Fama explained that this sanctuary has been on site prior to the requirement for a CUP, since the mid-60s. He verified that no calls or letters were received relative to this request. Commissioner Resnikoff asked staff if they know the number of attendees who participated in the outreach efforts. Planner Daniel Fama said no. Commissioner Resnikoff asked why allow 12 special events if they are only asking for six. Planner Daniel Fama said that one per month seems fair. There could be more weddings or memorials some years over others. Some flexibility gives them a buffer. Commissioner Gibbons pointed out the excellent permeable paving proposed for this site. Campbell Planning Commission Minutes for May 8, 2012 Page 16 Planner Daniel Fama said that the City's Engineering Department reviewed this choice carefully and it is verified as being suitable. It covers less than 10,000 square feet or area. Commissioner Roseberry said that per the detail it should work. Commissioner Reynolds provided the Site and Architectural Review Committee meeting as follows: • SARC reviewed this project on April 10, 2012. • Stated that SARC was supportive of this application as the design integrates well into the neighborhood. • Said that proposed revisions included more landscaping; clarifications to the landscape plan; and relocation of the bicycle parking to the rear of the building. Chair Alster opened the Public Hearing for Agenda Item No. 3. Commissioner Gibbons asked Mr. Kenneth Ruff if there are any plans to lease out their building to other organizations or perhaps for an affiliated child care facility. Mr. Kenneth Ruff, Applicant Representative, replied that they don't lease out their building ever. None of their sites are leased out or house child care facilities within its buildings. Chair Alster closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Resnikoff, the Planning Commission adopted Resolution No. 4066 approving a Conditional Use Permit with Site and Architectural Review (PLN2010-05); Tree Removal Permit (PLN2012-64) and Parking Modification Permit (PLN2012-65) to allow for the construction of a new sanctuary on property located at 230 Virginia Avenue, subject to the conditions of approval, by the following roll call vote: AYES: Alster, Brennan, Gibbons, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Ebner ABSTAIN: None Chair Alster advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Campbell Planning Commission Minutes for May 8, 2012 Page 17 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Kirk Heinrichs: • Reported that this is his final Planning Commission meeting prior to his retirement. • Thanked the Commission for its support over the last three years for him and his staff. • Recognized the hard work performed by the members of this Planning Commissioners. • Stated that he remains a resident of Campbell and knows the City is in good hands. • Thanked them again. Planning Manager Paul Kermoyan extended an invitation on behalf of the Historic Preservation Board to participate in a social event on May 16`h from 5 to 7 p.m. in the Ainsley House Garden. Appetizers and wine will be served. The purpose of this gathering is to recognize the importance of historic preservation. Members of the Planning Commission are welcome. ADJOURNMENT The Planning Commission meeting adjourned at 9:20 p.m. to the next Regular Planning Commission Meetin of May 8, 2012. SUBMITTED BY: Corinne Shinn, Recording Secretary APPROVED BY: ~ ~"' Theresa Alster, Chair ATTEST: Kirk ei ichs Secretary