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PC Min - 08/28/2012CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. AUGUST 28, 2012 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of August 28, 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: Theresa Alster Philip C. Reynolds, Jr. Brian Brennan Mark Ebner Elizabeth Gibbons Paul Resnikoff Bob Roseberry None Interim Community Development Director: Associate Planner: Associate Planner: City Attorney: Recording Secretary: Paul Kermoyan Steve Prosser Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Gibbons, seconded by Commissioner Resnikoff, the Planning Commission minutes of the meeting of August 14, 2012, were approved. (6-0-0-1; Commissioner Roseberry abstained) COMMUNICATIONS 1. Desk item for Agenda Item No. 1 (Applicant's written description). Campbell Planning Commission Minutes for August 28, 2012 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Director Kermoyan advised that the applicant for Agenda Item No. 2 has asked to speak first during the public hearing for his project. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Alster read Agenda Item No. 1 into the record as follows: 1. PLN2012-154 Public Hearing to consider the application of Gregg Sunday for a Sunday, G. Conditional Use Permit (PLN2012-154) and Parking Modification Permit to allow a small fitness studio in an existing industrial building located at 529 Forman Drive, Suites D & E, in an M-1 (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: Daniel Fama, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report as follows: • Described the project site as being a half acre on Forman Drive, north of McGlincy. The site is in an M-1 (Light Industrial) Zoning District. • Said that the proposed use is a fitness studio offering one-on-one training between the hours of 6 a.m. and 9 p.m. • Reported that there would be a maximum of five trainers on site at any given time with five clients. The average number of clients throughout a day would be 40 per day. A condition has been imposed limiting 12 people at this business at a given time. • Said that the applicant would be utilizing about 5,000 square feet of the total 8,600 square foot building. Other uses on site include an alarm company, warehousing space and an artist's studio space. • Explained that the zoning requirements allow for issuance of a five-year limited term Use Permit that expires. • Said that issues such as parking, circulation, noise and overconcentration are evaluated. • Reported that 26 parking spaces serve the site. The parking requirement for a fitness studio is one space per 250 square feet or 19 spaces. Of the spaces available on site, 15 are allotted to this use, which results in a minor deficiency and the need for a Parking Modification Permit. • Stated that staff is supportive of a Parking Modification Permit as the use will need 10 vehicles at its peak operation. Peak hears for this fitness studio will be before Campbell Planning Commission Minutes for August 28, 2012 Page 3 work and after work hours. These hours are opposite the hours that the other tenants are on site. • Said that noise and hours of operation have been considered. The applicant proposes to have recorded music played within the studio. Two conditions of approval have been drafted that require all doors be kept closed to prevent noise from the use and its music from impacting surrounding neighbors. Additionally, the standard condition is imposed that allows the Director to modify the use if substantiated complaints are received on noise impacts. • Recommended that the Planning Commission adopt a Resolution approving afive- year limited term Conditional Use Permit to establish a fitness studio. Commissioner Brennan asked for clarification from staff on the maximum need for parking being 10 spaces during the peak hours of this fitness studio. Planner Daniel Fama: • Clarified that the peak use is five trainers with five clients. With one car each, that represents 10 vehicles. A condition of approval allows up to a total of 12 people and/or vehicles associated with the use at any given time. Commissioner Brennan said that it appears that there will be one administrative staff person and four trainers. Planner Daniel Fama said that he believes so. He added that if there are ever more than one client per trainer, that multi-client per trainer class would not occur at peak hours. Commissioner Gibbons said it seems like the 3,500 square foot space is big for a maximum of 12 people. She asked about boot camp training at this site or would that not be allowed. Planner Daniel Fama said that what is proposed by this applicant is one-on-one fitness facility and that is what the use has been condition for. Chair Alster opened the Public Hearing for Agenda Item No. 1. Mr. Gregg Sunday, Applicant: • Thanked Planner Daniel Fama and the Commission for reviewing his request. • Reiterated that his business is a one-on-one fitness training facility. Commissioner Gibbons asked about the potential for boot camp classes. Mr. Gregg Sunday said that he had no plans for boot camp classes. If he should decide to establish boot camps in the future he would look to other locations to hold such sessions such as at the community center. Commissioner Resnikoff asked Mr. Sunday if he has any issues with the limit of 12 people at a time on site. Campbell Planning Commission Minutes for August 28, 2012 Page 4 Mr. Gregg Sunday said no. He pointed out that they don't use a lot of machinery in their training and don't want an overcrowded workout space. Commissioner Brennan asked Mr. Gregg Sunday how he would ensure that the use of music doesn't become a noise impact concern. Mr. Gregg Sunday pointed out that his sound system is small. He added that there is an existing auto-repair use nearby that uses a compressor at all hours that makes a lot of noise in the area already. However, he will keep his music low and his doors closed. Chair Alster closed the Public Hearing for Agenda Item No. 1. Commissioner Gibbons: • Said that there have been more and more of these types of fitness uses in Light- Industrial zoned areas. • Added that she believes that this particular facility will be a great use and business. • Stated that good conditions of approval have been prepared and this approval is limited to a five-year term. • Reported that another fitness use was approved for a nearby location through an administrative process recently. • Cautioned that she has some reservations about having such facilities in industrial areas of the city. She asked if any of the other members of the Commission share that concern. Commissioner Ebner: • Asked if there is any cross parking occurring in this area. • Pointed out that there are other businesses nearby with limited parking. • Questioned if there have been any problems with parking in this immediate area. Planner Daniel Fama: • Asked if Commissioner Ebner is asking if other businesses park on this site. • Responded that this is not occurring to his understanding. • Added that the property owner would take exception if that was occurring. Commissioner Ebner: • Said that Mr. Gregg Sunday had mentioned the potential for utilizing the Community Center occasionally. • Asked if that use would be allowed under his business license. • Questioned how use of the Community Center facilities are "policed" or managed. Director Paul Kermoyan explained that Mr. Sunday's City business license issued for his location at 529 Forman Drive would allow Mr. Sunday to conduct business elsewhere in the City such as conducting boot camps at the Community Center. However, he would have to coordinate with the Community Center staff for permits on a fee per class basis for any potential of conducting boot camps there. Campbell Planning Commission Minutes for August 28, 2012 Page 5 Commissioner Ebner asked who if anyone is aware of how the facilities or fields of the Community Center are being used. Director Paul Kermoyan: • Said that the Community Center facilities are managed and monitored by the Recreation Department's staff and users secure permits and pay fees to utilize the site. • Reported that Planner Daniel Fama noticed no parking problems when conducting site visits. • Added that staff checks a property's Title Report as part of its review to ensure that there are no covenants in place that grants off-site users the right to utilize on-site parking. Commissioner Roseberry: • Said that people find creative ways to park. • Agreed that this use appears to utilize off-peak hours. • Said that there has been some push back in some industrial areas on the issue of bringing in non-industrial uses. One example was a proposed cheerleading school in an industrial area that included an auto painting business and the necessary chemicals they have on site. • Advised that he is okay approving this particular use for afive-year period. Commissioner Brennan: • Said that it appears the peak parking provision required to support this use is 10 parking spaces. The parking ratio for this zone requires 19 spaces. There are 15 spaces on site available to this use. • Questioned what exacting the Commission is deciding on this matter of parking. Planner Daniel Fama: • Clarified that this is one site serving several uses. • Added that all of the parking on site is available to all of the uses on site. • Said that the table provided in the staff report simply breaks down the available parking on a pro-rated basis. • Explained that the parking ratio of one space per 330 square feet equals a parking requirement of 15 spaces, which is what is on site currently. • Stated that on paper, this proposed use has a certain parking requirement. • Said that this use's actual parking demand is between 10 and 12 spaces. Commissioner Resnikoff said that the larger the margin the better between needed and required spaces. Commissioner Gibbons: • Cautioned that with this approval, the property owner is left with no flexibility to change any of the other tenants in the other units on site. • Reminded that this property was designed for Light Industrial uses. • Added that more than half of the available parking on site is being consumed by this fitness use. Campbell Planning Commission Minutes for August 28, 2012 Page 6 Stated that this site is not physically set up to accommodate this use. Said that since this is Light Industrial, it is fortunate that there are no heavy chemicals on this property. Reiterated that the property owner is buying a problem down the line. Commissioner Brennan pointed out that this tenant space can be reconverted to a more classic industrial use in the future. He said he is more comfortable allowing this due to that fact. Commissioner Gibbons: Agreed that the tenant space would easily be converted back to another use. Reiterated that the property owner has boxed himself in and limited his ability to lease to other uses at least for awhile. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Resnikoff, the Planning Commission adopted Resolution No. 4081 approving a Conditional Use Permit (PLN2012-154) and Parking Modification Permit to allow a small fitness studio in an existing industrial building located at 529 Forman Drive, Suites D & E, subject to the conditions of approval, by the following roll call vote: AYES: Alster, Brennan, Ebner, Resnikoff, Reynolds and Roseberry NOES: Gibbons ABSENT: None ABSTAIN: None Chair Alster advised that this item is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Alster read Agenda Item No. 2 into the record as follows: 2. PLN2012-148 Public Hearing to consider the application of Cesa Pedersen for Pedersen, C. a Conditional Use Permit (PLN2012-148) to allow establishment of a new restaurant and bar with late night operational hours and general alcohol sales on property located at 280 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, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report as follows: • Said that this project site is a 15,000 square foot property at Campbell Avenue and First Street. The Zoning is C-3 (Central Business District) Zoning District. Campbell Planning Commission Minutes for August 28, 2012 Page 7 • Reported that a Conditional Use Permit is required for a new restaurant and bar with general alcohol sales and late night operations. Proposed business hours are between 11 a.m. and 1 a.m. Proposed operational hours are between 9 a.m. and 2 a.m., with two hours before opening to the public and one hour after closing for preparation and clean up. • Stated that the restaurant will include indoor dining area, bar, lounge and outdoor seating. The total seats include 157 inside and 22 outside. This restaurant will occupy most of the original Oddfellows building space. • Explained that 18 dedicated outdoor seats are on the raised outdoor patio and four seats on either side of the entry to serve this restaurant. Additionally, there is shared outdoor seating for use among three restaurants. One of the restaurants, the middle of the three, will be a lunch only restaurant. Shared metal and wood furniture will be shared to create a consistent aesthetic. Planters are proposed for the edge of the raised patio to prevent people from tripping off of it. Staff is recommending the use of pots instead of planters. • Reported that a queuing line will likely form between 10 p.m. through closing. Therefore, the applicant will prepare a queuing management plan in writing subject to review and approval by the Community Development Director and the Police Chief. • Said that there are a number of considerations in reviewing this request including consistency with the General Plan, the Downtown Campbell Alcohol Policy and the Zoning Code. • Advised that there are two issue areas of concern to staff including the quantity of bar seating and the hours of operation. • Said that the restaurant proposes 29 seats in the bar area as well as bar and county space opposite the bar. This represents 18 percent of the total seating. However, staff finds that additional seats should actually be counted as bar seating. With those seats, bar seating would equal 40 percent of the total seating. • Added that per the Downtown Campbell Alcohol Policy, no more than 25 percent of a restaurant's seating can be bar seating. • Recommended that the applicant reconfigure their floor plan to reduce "bar" seating by 24 seats. • Stated that as for hours of operation, the applicant is seeking approval of business hours from 11 a.m. to 1 a.m. The Downtown Campbell Alcohol Policy requires public closing at 12 a.m. • Reported on the history of calls for police services over a 2.5 year period of time. These calls were typically for issues such as assault & battery, fights, and DUI. Most of the calls occur between 11 p.m. and 2 a.m. with spikes occurring between 1 and 2 a.m. With more activity beyond 1 a.m., it is likely to also create greater demand on police services. • Advised that a Police Department representative is present this evening to address policing issues. • Added that staff's concern about allowing business hours beyond 12 a.m. is the fact it would set precedent for future new and existing restaurants in the Downtown. • Stated that staff is recommending that this restaurant close to the public at 12 a.m. • Said that all Conditional Use Permits have general findings that consider the suitability and consistency with the General Plan. Additional findings are necessary Campbell Planning Commission Minutes for August 28, 2012 Page 8 in determining impacts from alcohol service, nuisances, demand on City services and over concentration. • Reported that between 2002 to date, the number of restaurants in the Downtown with general alcohol licenses has grown from 4 to 13. This application raises that number to 14t". Additionally, there are two additional new restaurants anticipated that will raise this total to 16. • Reminded that a Conditional Use Permit runs with the land and has an indefinite lifespan. • Recommended the adoption of a resolution approving a Conditional use Permit subject to conditions of approval with reduced bar seating and 12 a.m. public closing. Commissioner Brennan pointed to page 3 of the staff report and asked if the Commission confirms over concentration or is that determination decided elsewhere. Planner Daniel Fama: • Said that the report simply acknowledges the policy of evaluating for over concentration. • Added that alcohol service is allowed with requirements. • Agreed that the issue of over concentration is something that can be discussed. Commissioner Reynolds asked staff for thoughts on over concentration. Planner Daniel Fama: • Agreed that the issue of over concentration is a fair question. • Stated that one issue here is general alcohol sales with late hours of operation. • Said that other uses that include alcohol hours including beer and wine and liquor sales. • Added that over concentration can always be a general discussion point. The Code doesn't provide too much guidance for that. Chair Alster opened the Public Hearing for Agenda Item No. 2 and asked the Police representative to speak first. Sgt. Joe Cefalu, Campbell Police Department. Chair Alster: • Questioned the impacts of queuing that occurs at existing Downtown businesses such as Katie Blooms, Cardiff and Khartoum. • Pointed out that those three are primarily bars while this application is for a restaurant. • Asked for an opinion on this business versus the others. Will they be the same or different? Sgt. Joe Cefalu: • Explained that the existing downtown seating capacity is currently 540, which will increase to 700 with this new use. Campbell Planning Commission Minutes for August 28, 2012 Page 9 • Added that 99 percent of the patrons are good. The Police Department must deal with the one percent of them who cause problems. • Reported that right now that one percent of problem people equals approximately five people per night. That one percent could increase to approximately seven with the increased capacity in the Downtown. • Advised that seven officers work the night shift citywide. There have been 242 calls for service to the Downtown. The Downtown is busy. • Said that with the service of alcohol there come problems. With current police staffing levels, the City is at maximum capacity right now. An additional 160 people in the Downtown will affect not just the Downtown but the entire City of 40,000 residents. Chair Alster asked Sgt. Joe Cefalu if closing this business at midnight would reduce the potential for impacts. Sgt. Joe Cefalu replied yes. He added that it does not completely eliminate impacts but it helps reduce them. Commissioner Reynolds reminded that there had been prior conversations among business owners in the Downtown to help fund the hiring of another officer. He asked if that discussion has been on-going. Sgt. Joe Cefalu said those conversations occurred at least six months ago and he has heard more nothing since. Commissioner Ebner asked Sgt. Joe Cefalu how much time it takes to process someone who has been arrested. How long is the officer off the street? Sgt. Joe Cefalu replied that it depends on their cooperation, the busyness at the jail. It could be one hour or three hours, depending on how the rest of the County is doing. Commissioner Ebner asked for verification that there are seven officers working at late night. Sgt. Joe Cefalu said yes, there are seven. In addition to a supervisor there are a minimum of five to six officers on duty. Commissioner Ebner asked if there have ever been so many arrests made in an evening that there are no officers available for new calls. Sgt. Joe Cefalu replied yes. If that were to happen, Campbell can call for backup assistance from outside agencies. Commissioner Ebner recounted hearing from Don Burr on his experiences years ago with policing in the Downtown. He added that he is concerned about the possibility that there might not be a police officer available to deal with neighborhood disturbances outside of the Downtown. Campbell Planning Commission Minutes for August 28, 2012 Page 10 Commissioner Roseberry asked if there is a difference in impacts depending on the character of the establishment. Since this is a higher end restaurant, could there be a difference in the percentage of problems than might be generated at a "down and dirty" bar. Sgt. Joe Cefalu said that he knows Dominique Faury, who is a great chef. That could be a factor. Commissioner Roseberry asked how the number of bar seats works into the equation of being a bar versus a restaurant with bar seating. He agreed that it is hard to call a seat just a seat and not a bar seat. Perhaps a partition can be installed to separate those seats form the bar. Sgt. Joe Cefalu: • Said that inclusion of a partition won't make a difference between the bar and regular seating. • Added that he can understand this restaurant's concept and is okay with it as long as they close for business at 12 a.m. That is fine. • Reiterated that this is the Police Department contention. This use should be consistent with the Downtown Campbell Alcohol Policy. Commissioner Brennan asked how the costs are borne when an outside agency must provide police response to Campbell. Sgt. Joe Cefalu: • Explained that there are mutual service agreements and mutual aid that occurs at no charge between cities. Commissioner Ebner asked how many times other agencies must provide backup response. He added that he has seen a lot of Highway Patrol officers responding. Sgt. Joe Cefalu said that in his experience for 2.5 years on that shift, the need for mutual response happens a lot. Mr. Brandon Brigham, Applicant: • Thanked staff for the time and effort on this request. • Reported that he is part of a group doing this project including his brother, aunt and Dominique Faury, • Said there are three areas he'd like to discuss: the 1 a.m. closing; police call statistics and conditions. He added that the architect would address the seating issues. • Stated that they disagree with staff's evaluation of seating. • Advised that they have met with representatives from Imwalle, the Downtown Campbell Business Association (DCBA) and the Campbell Chamber of Commerce. These meetings allowed them to reconnect with many familiar faces and they received great encouragement and support. • Said that some had the same concerns staff has raised. Campbell Planning Commission Minutes for August 28, 2012 Page 11 • Stated that they are willing to stop serving alcohol at 12:30 a.m. and close their doors for the night at 1 a.m. • Suggested a condition that would impose a 9-month trial period. • Added that perhaps another condition would require a similar 9-month trial period in the event there is a change of ownership. • Explained that he and his family have been operating Bozwell's and Khartoum's since the death of his father. • Recognized the statistic offered that 70 percent of police calls occur after 1 a.m. and assured that they want to avoid adding to that statistic. Therefore, they would have no alcohol service for the final 30 minutes they are open for business to the public. Therefore, patrons can leave without incidents and the impact on police services will be minimal. • Stated that they are not a late night bar establishment but rather they are afull- service restaurant. • Opined that a 30-minute exception to the Downtown Campbell Alcohol Policy will not create problems especially with his proposed 9-month conditional trial period and the provision that any change of ownership would require a new 9-month trial. • Reiterated that they do not want to be a bar. They want to be a restaurant. Commissioner Resnikoff asked about the outreach efforts. It seems 45 were invited. Who was there? What were the results of that effort? Mr. Brandon Brigham said that the group outreach meetings have not yet been reached. Mr. Don Imwalle, Property Owner, clarified that there has been one public outreach meeting and several one-on-one meetings in the months prior. Commissioner Resnikoff asked what the logic is with the use of lounge seating. It seems to be separate from dining. Mr. Brandon Brigham said that it is a casual dining alternative where people who want smaller quantities can enjoy small plates in comfort. Commissioner Resnikoff said that it appears to be more like appetizers. He added that they are just asking for an extra 30 minutes in alcohol sales which is not significant. Mr. Brandon Brigham said that the additional time helps them to pay their rent. He added that they would be selling food the entire time. Commissioner Resnikoff asked about the proposed 9-month trial period. He asked staff if future owners can be held to trial periods. City Attorney William Seligmann said that a change of ownership cannot trigger conditions on a new owner. Chair Alster asked if the initial 9-month trial period can be imposed now. Campbell Planning Commission Minutes for August 28, 2012 Page 12 City Attorney William Seligmann replied yes. Commissioner Brennan: said that it appears this business would be complimentary to other establishments in the area. He asked if the clientele they seek to serve is the same clientele that patronize other establishments in the Downtown. Mr. Brandon Brigham said they are geared to adults 26 years or older. Their establishment will have a Euro flare with an American base. They are not attempting to draw the young college crowd but rather a more professional clientele. Commissioner Brennan asked Mr. Brandon Brigham what establishes he sees as similar to what they will have. Mr. Brandon Brigham said that they are going for young professions and will be similar to Aqui and Nashmarkt but perhaps not as high end as Nashmarkt. Commissioner Brennan pointed out that neither Aqui nor Nashmarkt create queues. Mr. Brandon Brigham said that the extra 30 minutes of alcohol service will help them to make this project happen. Mr. Jeffrey Eaton, Project Architect: • Reported that he and Dominique have worked to create a restaurant and not a bar. • Reminded that the concept is for a gastro pub and not a bar. Their concept is food with a blend of both types of seating (bar and restaurant). • Said that a similar style works at Sonoma Chicken Coop and at Rock Bottom. • Recounted that he and his kids often sit in the bar area to eat their meals at Outback because he likes the lively atmosphere there. • Assured that they don't need a hard wall to separate the bar but rather will function better with a blended area with bar seating flanking the table seating. • Asked the Commission to consider this proposed design approach. Commissioner Roseberry: • Asked why the proposed low seating in the dining room will work better than higher table seating. Mr. Jeffrey Eaton: • Said that the lower tables allow seeing over people and for all to see and be seen. • Reiterated that this set up is not a traditional bar appearance. • Stated that the concept is a restaurant, gastro pub with alcohol associated. • Said that it is a restaurant first with alcohol service secondary. Commissioner Roseberry asked if both of the bar areas depicted (12 seats and 17 seats) are traditional bar height. Mr. Jeffrey Eaton said that they are 48-inch high, which is traditional bar seat height. He said that some tables are 30 inches and others 36 inches high. Campbell Planning Commission Minutes for August 28, 2012 Page 13 Commissioner Gibbons: • Advised Mr. Jeffrey Eaton that she too is an architect and likes to challenge architects. • Added that his explanation of their concept was very helpful but she would now plan "devil's advocate". • Stated that there appears to be a lot of space behind the bar with seating. These middle tables allow for crowds to build up in the immediate area with tables being pushed together or pushed aside. • Agreed that the parties involved in this project have good local reputations. • Said that the potential of the bar area versus dining area is one of the main challenges. Mr. Jeffrey Eaton: • Said that they need flexibility in that area as it serves as the main path of travel. A concept of duel circulation in this space was cost prohibitive. There will be diners on both sides of this area and wait staff will need to access both sides. Additionally, patrons will pass through and the bathrooms are located to the right. This will serve as the central spine of this restaurant. Its width was determined by the number of staff and patrons. Director Kermoyan said that on the original plan there were higher seats that were changed to low seats in this area. Mr. Dominique Faury: • Said that the dining area serves a gastro pub. • Added that they will have a few main courses and lots of appetizers. • Said that the dining area is for people who want to sit down as is the lounge area. • Reiterated that this is more a dining area than a bar. • Reminded that he owned Twist and it was busy all the time. • Said that he doesn't consider it a bar area but more of a dining area using the concept of a gastro-pub. • Stated that he is not in the bar business. • Added that although he likes to enjoy a drink he does not like to do shots. • Said the people who come to his restaurant are of different ages but mostly 30 and older. • Said that he operated Twist for 8 years and has a reputation. • Said that alcohol sales are a question of management. If people have had too much to drink, there is no reason to serve them. • Said he does not drink without food. Commissioner Gibbons said that she had enjoyed many nice meals at Twist. She asked what the seating capacity difference was between the new restaurant and Twist. Mr. Dominique Faury: • Reported that the Bistro capacity was between 100 and 120. This restaurant is bigger and almost double in size. Campbell Planning Commission Minutes for August 28, 2012 Page 14 • Again stated that this will be a restaurant and not a bar. • Added that it is a concept that he has been thinking about over the last two years. • Stated that his Twist location was too small for Campbell and he couldn't accommodate everyone there. • Pointed out that the Brigham family runs both Khartoum and Bozwell's very well. Commissioner Gibbons: • Stated that it seems like this proposed restaurant will be similar in style to Chin Chin and San Pedro Cafe & Wine Bar, which is an all wine bar with food at high tables. At the bar wine is sold by the glass and at tables food is served with wine. • Said that she is challenged with this request. • Agreed that this is a modern restaurant style that blends food and drink in a different way and she finds herself trying to evaluate the concept and how this fits in. Ms. Catherine Hickinbotham, Resident on Harrison Avenue: • Said she wanted to share her observations on this application. • Stated that she would be happy to see Dominique back in Downtown Campbell and hopes he brings his shrimp cilantro wraps to his new menu. • Advised that she loves restaurants as she is not the best cook. She eats at restaurants all of the time. • Said that she is adamant that the Downtown Campbell Alcohol Policy be adhered to in regards to closing at midnight and urged the Commission to follow the Policy. • Said that the ambiance of this proposal versus whether it is or is not a bar is irrelevant when discussing the provisions of the Downtown Campbell Alcohol Policy. • Supporting closing at midnight. Patrons can go elsewhere away from Downtown Campbell after that hour. • Announced that she is looking forward to patronizing this new restaurant. Mr. Ed Sengstack, Resident on First Street: • Advised that the last time he was at a hearing before this Commission it was in opposition to the proposed Lounge at the Gaslighter Theater location. • Stated that he is 100 percent behind this group but also agrees 100 percent with the staff recommendations. • Reminded that a Conditional Use Permit runs with a property in perpetuity. • Said that there are other options available with this group. • Questioned if there is any way to issue a conditional CUP that can be reviewed in a public forum on a regular basis with the ability to revoke. Additionally, if the restaurant is sold, the same conditions of regular review and public input could transfer to the new owner. • Asked the Commission to follow the staff recommendations. • Stated that she loves bar height tables and supports leaving those proposed tables at bar height. Mr. Neil Collins, Campbell Chamber of Commerce: Campbell Planning Commission Minutes for August 28, 2012 Page 15 • Said that the ownership of the new business is both familiar and has trust equity in this community. • Said that the issue is the amount of bar seating. • Stated that he has never liked how this is calculated. • Pointed out that Dominique Faury would never be involved with this project if it wasn't a restaurant. • Assured that this is the trend for restaurants. • Said that he trusts Dominique with his proposed layout. Mr. David Steele, Resident on Maple Avenue: • Said that he is excited about this restaurant. • Added that the rest of the Downtown is more for partiers and this restaurant will be a place for "us" to co-exist with partiers. • Stated that he attended the owners' community meeting and is impressed with how community-minded they are. He is comfortable with them and with their concept. • Said that the previous application for the Gaslighter location was denied due to the fact that the owner was not so accommodating. Ms. Susan Blake, Resident on Third Street: • Said that she is a Downtown resident and lives close to this project. • Said that she has significant concerns about the applicant's request for an exception to the Downtown Campbell Alcohol Policy. • Added that she is not sure how many restaurants with general alcohol the Downtown can accommodate given the fact that residential neighborhoods so closely surround the Downtown core. • Stated that there is a challenge to balance between the needs of the businesses and the nearby residents. • Said that she welcomes visitors to Campbell but this is first and foremost a community of families who are living and walking to Downtown Campbell. • Advised that she hopes to see this restaurant open while also abiding to the Downtown Campbell Alcohol Policy and the General Plan. Mr. Barry Shilman, Resident on Third Street: • Made a minor correction to a previous comment made by one of the applicants. While some members of the Downtown Campbell Neighborhood Association personally support the project as proposed the Association itself never takes a position. • Said that to achieve consistency this business can tailor their business plan to meet the requirements of the Policy. • Added that exceptions to the Policy are not good. The Alcohol Policy should be followed. Commissioner Resnikoff asked Mr. Shilman if he supports the use if no exceptions to the Alcohol Policy are necessary. Mr. Barry Shilman replied yes. Campbell Planning Commission Minutes for August 28, 2012 Page 16 Ms. Joan Banich, Resident on Third Street: • Said that she will be there on opening day and expects to be a regular customer of this restaurant. • Stated that there is no reason to deviate from the DT Alcohol Policy. • Added that she has concerns because Third Street is a through street. • Concluded that she is looking forward to public outreach. • Cautioned that precedent would be set if exceptions to the Alcohol Policy are made here. Mr. Don Imwalle, Project Site Property Owner: • Said that he appreciates the consideration of the Planning Commission and the staff. • Said that it is nice to work with the Brighams and with Dominique Faury. • Apologized to the Neighborhood Association for any misunderstanding about endorsements being from individuals rather than the Association as a whole. • Agreed that a CUP runs with the land and is in his interest to have it remain active. However, he would support a condition that this CUP terminates when these operators leave. • Said that it is difficult to find the right tenants. He said he has been talking to potential tenants for a very long time. • Thanked the Commission for the consideration given this evening. • Assured that this proposed restaurant is the trend and the way things are going. It is an integrated gastro-pub. Chair Alster closed the Public Hearing for Agenda Item No. 2. Commissioner Ebner: • Reported that this building's architectural change has been one of his favorites. • Added that he is very excited and proud of this building. Out of his 8 years of service on this Commission, this building is one he really loves. • Stated that he is also excited about this new restaurant's ownership. • Said that at the same time, he is equally adamant that the DT Alcohol Policy is in place. Rather than debate the Policy with every new proposed restaurant, this set of rules needs to be honored. • Said that staff is paid to go through the review process with applicants. They are here for us and for the community. Council passed the Downtown Campbell Alcohol Policy. • Recounted that he studied this issue of alcohol service in the Downtown through the years with former Police Chief, Mayor and Council Member Don Burr. Don Burr remembered what Campbell was and what it went through in the 1970's. The adoption of the DT Campbell Alcohol Policy was Council's way to mitigate that past. • Stated his concern that people keep trying to change the Policy. • Reminded that the Downtown is surrounded by residences. • Stated that this is a good tenant going into a good building. • Expressed the need to respect staff and their direction and said he would support this application per staff recommen Campbell Planning Commission Minutes for August 28, 2012 Page 17 Commissioner Roseberry: • Agreed that this is a great project. • Joked that the building looks great and the paint colors turned out not as dark as feared during a previous hearing. This project looks great. • Said that the issue of over concentration in the Downtown can be debated. The number may now be pushing it as there are a lot of businesses today with general alcohol sales. • Stated that the vibrancy of the Downtown has flowered over the last 15 to 20 years. • Added that he remembers when it was the "Wild, Wild, West." He visited it at that time and it wasn't pretty. • Said that it boils down to the hours. The issue of good place versus bad place is not in question. The concept is good. The issue is the hours. • Pointed out that some of the Downtown businesses are "grandfathered" as to operational hours. A higher percentage of those grandfathered locations are "bad" places versus "good". • Said that the argument is whether to allow them to close later than the Policy allows. • Suggested that having staggered closing times in the Downtown may actually be helpful. • Said he has no objection with an extra half hour of alcohol sales. Commissioner Resnikoff: • Said that the Commission runs the risk of having to look at and modify each application on a case-by-case basis. • Added that the Commission knows what its DT Alcohol Policy is. It is pretty straight forward. Tweaking it is not a good idea. • Stated that the Commission would be hard pressed to say no to others. If the DT Campbell Alcohol Policy is changed too much - we have no policy. • Said that interesting testimony has been heard. There is 100 percent support for this new restaurant with the exception of the extended hour to 1 a.m. • Said that the Policy appears to have hit the balance as the neighbors are supportive with the provisions of the Policy imposed. • Stated that the Police Department has spoken against the extended hour but is 100 percent supportive if closure occurs at midnight. • Advised that his final question is the issue of a conditional CUP. Is it possible to impose a condition up front that requires periodic reviews in perpetuity? City Attorney William Seligmann said it is possible to condition reviews every six months, year or five years and include triggers for actions. Commissioner Resnikoff said that is an interesting idea. He concluded that he supports the project as staff proposes. Commissioner Reynolds: • Said that he likes the project and feels this restaurant and building are both beautiful. • Said that he appreciates the testimony heard all around this evening. Campbell Planning Commission Minutes for August 28, 2012 Page 18 • Stated that the focus is from Downtown residents but the Planning Commission has the obligation to keep the focus on the entire City. • Said that tweaking the hours on the alcohol policy has impacts on more than just the Downtown. It affects all parts of town. • Expressed support for the City's DT Alcohol Policy. The citizens, Council and staff worked together to get it to where it is today and it should be adhered to. • Stated his support for the seating and design and suggested leaving it as it is. It reflects the trend of design and he is okay with that. • Added that putting in a partition to separate the bar could impact the circulation. • Said that he would support food service for an extra half hour but not additional alcohol service. He supports the hours and layout as is. Commissioner Gibbons: • Stated that the staff report is well done. • Said that discussions on overconcentration are evaluated on an individual basis. The DT Campbell Alcohol Policy provides the method of evaluating and controlling over-concentration. • Said that a perception of fairness is seen through a consistent use of the policy. • Reminded that the CUP runs with the land and it can't be easily tweaked or have conditions added. There are costs involved and enforceability issues. • Said as long as the Policy is honored, she is fine with this application. • Said that the queuing plan needs to take into account the noise associated with the queue. Noise generated by those in the queue must be controlled after 10 p.m. • Reported that she participated in a ride-along with the Police Department one night. It's tough. • Added that there is solid documentation of the new trends in restaurants. There will be two new businesses seeking general alcohol sales in the near future. Things are continuing to change. • Said that in looking at the summary of hours of operation for existing restaurants in Downtown Campbell only five have extended hours and four of those are the ones generating most of the problems. • Said that she is supportive of the project as is. Commissioner Brennan: • Said that no live entertainment is proposed • Added that perhaps more discussion is necessary on the issue of seating. • Said that staff's conditions require the elimination of 37 seats. • Stated that the applicant was persuasive enough for him to support retaining those 37 seats. Commissioner Gibbons said that she is find with the building plan as is and staff's requirement for consistency with the Alcohol Policy. Commissioner Ebner: • Said that he supports staff's total recommendation including allowing no more than 39 bar seats. • Reiterated that he supports staffs recommendations to the letter. Campbell Planning Commission Minutes for August 28, 2012 Page 19 • Agreed with the issues raised about queuing outside and that issue needs to be addressed. Commissioner Reynolds: • Suggested striking Condition 5-B. • Added that he would leave the site layout as is. • Stated that Condition 6-D takes care of the queuing and security plan. • Said that the noise control issue could be added there in regards to the queue. Planner Daniel Fama: • Said that Condition 5-B requires reconfiguration of the seating. Twenty-four (24) dining seats are dining and patrons cannot sit there just to drink but rather must have food service. Thirty-nine (39) bar seats include the lounge seating equals the total number of bar seats. Commissioner Roseberry: • Agreed that entertainment is a big thing and that possibility can always be requested later. • Advised that he is okay with the seats as proposed. The site plan is well thought out and he supports allowing the seating to be as proposed by the applicant. • Said that he will not stand up for that extra half hour. • Concurred that the entire City is the constituency for this Commission. The rules need to be cut and dry. • Concluded that hours to 12 a.m. are fine with him. Commissioner Resnikoff: • Said he will not cut off the hours at midnight. • Asked for clarification as to the purpose and/or intent for removing Condition 5-B. Do those fit the bill as dining seats or not? Commissioner Reynolds said that leaving Condition 5-B requires redesigning the wall and moving tables. Planner Daniel Fama said that is correct. Having 24 bar seats represents more than the allowed 25 percent and would require redesign. Commissioner Roseberry said that they are defined by this Commission as dining seats that adhere to Policy. People sitting in those seats will have to order food. Planner Daniel Fama said that is correct. Director Paul Kermoyan: • Said that he is okay with seating as long is all seating complies with Policy. • Suggested having the applicant prepare a floor plan that clearly illustrates what seats are bar seats and which are not. • Added that Condition 5-B would be retained. Campbell Planning Commission Minutes for August 28, 2012 Page 20 Commissioner Resnikoff said that he is comfortable counting the mid-area tables as dining seats as long as they meet the policy provisions. Commissioner Brennan asked if queuing can be prohibited. City Attorney William Seligmann said that in theory he is not sure how that prohibition can be enforced on a public sidewalk. That would be a huge enforcement problem. Chair Alster: • Said that closing at midnight is off the table. • Joked that her family often sits on couches in front of the television to eat at her house. Commissioner Ebner: • Said that maybe it's an age thing. • Recounted that in the 70s he patronized Henry Africa's on Van Ness that had basically the same floor plan. He said he loved it. • Stated that he can't wait for this new restaurant and hopes the applicants don't take issues raised as criticism. Commissioner Reynolds joked back "it's an age thing." Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 4082 approving a Conditional Use Permit (PLN2012-148) to allow establishment of a new restaurant and bar with late night operational hours and general alcohol sales on property located at 280 E. Campbell Avenue, with the following conditions as modified: • Condition 5-B shall be modified to read "The floor plan shall be annotated to identify no more than 39 bar area seats (including a lounge area), to the satisfaction of the Community Development Director." by the following roll call vote: AYES: Alster, Brennan, Ebner, Gibbons, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Alster advised that this item is final unless appealed in writing to the City Clerk within 10 calendar days. *** Campbell Planning Commission Minutes for August 28, 2012 Page 21 MISCELLANEIOUS 3. Discussion and overview of the Administrative Planned Development Permit process. Mr. Steve Prosser, Associate Planner, provided a comprehensive staff report on the history of the Administrative Planned Development Permit review and approval process. At the conclusion of his detailed presentation, Commissioner Gibbons thanked him for his excellent and informative report and advised the Commission that it was at her request that this overview was presented. She asked if perhaps an annual update could be provided to the Commission on the administrative approvals granted in the preceding year. Director Kermoyan said that such an update could be arranged. 4. Recognizing and honoring outgoing Chair Alster and Commissioner Ebner for their service on the Planning Commission as their terms conclude with this meeting. Chair Alster acknowledged the service of Commissioner Ebner at his final meeting on the Commission as follows: • Recounted how when she first started on the Commission, Commissioner Ebner was her favorite Commissioner. • Said that one way of tracking how a meeting was going was by how red in the face he would get. • Stated that Commissioner Ebner has always been a fount of historical knowledge of the area and of Campbell. • Said that he has done a great job for the community and that she hopes he comes back to give input at future meetings. • Presented to Commissioner Ebner a proclamation signed by his fellow Commissioners. Commissioner Ebner: • Stated that he remembers kids in his day who rode their horses to school in Campbell. • Advised that he would really miss his service on this Commission as he has loved being a Commissioner. • Admitted that he is passionate about this community and appreciates its many civic leaders as well as the staff who are really on the ball and always available to answer Commissioners' questions. • Said that it has been a joy to serve with everyone and his colleagues are friends that he will have forever. All have demonstrated a true commitment to Campbell. • Said that it has been a compliment to serve with these people. • Stated that he will be back. In what form? We do not yet know. Vice Chair Reynolds acknowledged the service of Chair Alster at her final meeting on the Commission as follows: • Presented to Chair Alster a proclamation signed by her fellow Commissioners. Campbell Planning Commission Minutes for August 28, 2012 Page 22 • Presented the Chair's plaque to Chair Alster in thanks for her service as Chair during 2012. • Told her that it has been an honor to serve with her as her Vice Chair. • Reported that when he first met Chair Alster, she was a recent graduate from San Jose State University as a planner. • Told her that she has taught him many things and changed his opinion on some projects. • Extended thanks to Chair Alster for her service. Chair Alster: • Said that her time on the Commission has been fun and she leaves with great memories. • Pointed out that she went to school with Steve Prosser. He did a presentation on the Merrill Gardens project and she did a paper on that project for school. • Said that Commissioners Ebner, Gibbons and Roseberry were here when she was appointed. While she understood planning from books, she learned more from the Commissioners and benefited from the different perspectives each Commissioner brings from one being an architect to another being a developer. • Stated again that this has been a lot of fun and she thanks her colleagues very much. Commissioner Ebner said that he has been away over the last three months and is grateful for the understanding he received for his need to be away. He added that his wife, Shireen, is doing great. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Interim Director Paul Kermoyan advised that there were no updates to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 10:25 p.m. to the next Regular Planning Commission Meeting of eptember 11, 2012. SUBMITTED BY: orin Shinn, Recording Secretary APPROVED BY: There Ister, C air ATTEST: Paul Kermoyan, cretary