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PC Min - 09/11/2012CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of September 11, 2012, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Vice Chair Reynolds and the following proceedings were had, to wit: SEPTEMBER 11, 2012 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Philip C. Reynolds, Jr. Brian Brennan Pam Finch Elizabeth Gibbons John Razumich Paul Resnikoff Bob Roseberry Commissioners Absent: Staff Present: SPECIAL ACTIONS None Interim Community Development Director: Associate Planner: City Attorney: Recording Secretary: Paul Kermoyan Daniel Fama William Seligmann Corinne Shinn 1. Introduction of newly appointed Commissioners Vice Chair Reynolds introduced and welcomed Commissioners Pam Finch and John Razumich to their first meeting as newly appointed members of the Planning Commission. Campbell Planning Commission Minutes for September 11, 2012 Page 2 2. Selection of Chair and Vice Chair for balance of 2012: Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Roseberry, the Planning Commission elected Commissioner Reynolds to serve as Planning Commission Chair for the balance of 2012. (7-0) Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Finch, the Planning Commission elected Commissioner Resnikoff to serve as Planning Commission Vice Chair for the balance of 2012. (7-0) APPROVAL OF MINUTES Motion: Upon motion by Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission minutes of the meeting of August 28, 2012, were approved. (5-0-0-2; Commissioners Finch and Razumich abstained) COMMUNICATIONS Desk item for Agenda Item No. 1. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Commissioner Razumich advised that he must recuse from Agenda Item No. 1 due to a professional conflict of interest. He left the dais and chambers for the duration of the hearing. Commissioner Gibbons asked City Attorney William Seligmann whether Commissioner Finch needed to also recuse from Item 1. City Attorney William Seligmann replied no. Commissioner Gibbons stated that for the record she disagreed with that position. Chair Reynolds read Agenda Item No. 1 into the record as follows: Campbell Planning Commission Minutes for September 11, 2012 Page 3 1. PLN2012-172 Public Hearing to consider the application of Hilary Mercant for a Mercant, H. Modification (PLN2012-172) of a previously approved Conditional Use Permit to allow New Year's Eve events until 1 a.m. and to formalize allowance of live entertainment for an existing banquet facility (Villa Ragusa) on property located at 35 S. Second Street /200 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: • Described the project site as being at South Second Street and Campbell Avenue in a building occupied by both Sonoma Chicken Coop and Villa Ragusa. • Explained that this building was originally approved by the Planning Commission in 1998 through a Site and Architectural Review Permit for the building and Conditional Use Permit to allow general alcohol sales and late operational hours for both a restaurant and a banquet facility. Approved hours of operation were from 8 a.m. to 11 p.m. and business hours to 12 a.m. on Fridays, Saturdays and Holidays. The banquet facility hosts wedding receptions and private parties for up to 600 maximum sized groups. Additionally, Council granted a Parking Adjustment and a Parking Management Plan was adopted for the site. • Reported that the primary request this evening is to allow late hours to 1 a.m. on December 31St of each year for New Year's Eve events. An original request was received by Villa Ragusa for a wedding reception to be held on New Year's Eve. • Said that this Modification for an additional operational hour on one night of the year is incidental to the overall operation of Villa Ragusa. It is much like the approval granted to Kohl's to allow 5 a.m. opening on Black Friday (day after Thanksgiving) each year. • Assured that the Community Development Director retains the ability to modify the hours downward if issues result from the late hours. • Said that one question to debate is whether the Downtown Campbell Alcohol Policy is applicable in this case. The Policy relates to restaurant and bar alcohol related sales. The question can be asked whether the Policy also refers to other types of uses including alcohol sales. The Policy does strongly encourage 12 a.m. as the end of alcohol sales in the Downtown. • Stated that this Modification seeks approval for an exception for one day a year. The Planning Commission must make the determination as to whether this request conflicts with the Downtown Campbell Alcohol Policy. • Advised that the original Conditional Use Permit for this site did not allow live entertainment. This issue was discussed and documented in the meeting minutes to reflect live entertainment subject to the regulations of the C-3 Zoning District. • Added that the Sonoma Chicken Coop came in separately later on for a Use Permit to allow live entertainment in the restaurant. Staff suggested that the applicant add the issue of its live entertainment for the banquet facility to this current request for Campbell Planning Commission Minutes for September 11, 2012 Page 4 the additional hour on New Year's Eve. The proposed live entertainment includes DJ's and small bands. • Said that potential impacts are evaluated including noise impacts on surrounding residents including some that are across the street. Stringent conditions have been added to the Conditional Use Permit in regard to the Live Entertainment Permit. Since there has been live entertainment at this location for the last 10 years, it is not anticipated that there will be issues going forward. Recommended conditions of approval will provide formal structure for live entertainment for the banquet facility. Specifically, It will prevent use of this location as a concert venue. • Added that the applicant fears that a prohibition of ticket sales might be a problem such as when non-profits hold fundraising events for which tickets are sold to raise funds. • Brought to the attention of the Commission a sample list of past events held at Villa Ragusa including some that required the sale of tickets to attendees. • Said that a solution is that the City can rely on the Banquet Hall definition rather than a Concert Hall Venue definition for this location. The Commission can work on alternate language such as adding "concerts are not permitted." • Recommended that the Commission adopt a resolution approving a Modification to a previous Conditional Use Permit subject to conditions of approval. Commissioner Roseberry asked about the list of past events as he personally has attended other events not included on this list. Is this a complete list? Planner Daniel Fama said it lists some events but not all. It reflects the types of events held there. Commissioner Finch asked if the San Jose Wind Orchestra holds a dinner or a concert at this location. Chair Reynolds asked if having one building on one parcel with two separate addresses is common or would that typically require two separate Conditional Use Permits, one per address. Planner Daniel Fama explained that typically there would be two different Use Permits, one per address. However, in this case, they are both under one original Conditional Use Permit. Villa Ragusa got a separate Conditional Use Permit later. Staff is including both addresses for record keeping reference and research ability. Commissioner Brennan said the bottom line is that changes to the Use Permit are being recommended to allow the types of activities already being conducted at the banquet facility including whether tickets can be sold for said events. Planner Daniel Fama said that the provisions for live entertainment in this Modification of the previous Use Permit would prevent any concert-like activities. Commissioner Brennan asked if staff now believes there is no need to change conditions relating to ticket sales. Campbell Planning Commission Minutes for September 11, 2012 Page 5 Planner Daniel Fama replied that this is the Commission's decision to make. Director Paul Kermoyan: • Added that staff is attempting to put more structure in place instead of relying on subjective decision making. • Pointed to the original description provided in 1998 at which time the targeted groups for the proposed banquet facility including weddings, corporations, community groups, etc. • Stated that staff does not want to preclude activities that are important to the community. Thus far, no Live Entertainment Permit had been issued for Villa Ragusa. In allowing live entertainment questions must be answered such as what types of music and whether amplification is permitted or not. Although there are residences nearby and across the street, there have not been many complaints related to this facility. • Said that certain maximum allowed decibel levels could be established. The Commission has some flexibility to determine what types of music can be allowed. Planner Daniel Fama added that DJ's and bands as currently worded. Commissioner Resnikoff asked what the implication might be if the Commission does nothing. He added that he doesn't want to see the need to interpret every event that comes along. He asked the City Attorney to respond. City Attorney William Seligmann: • Said that if the wording of the draft conditions is not changed by the Commission this evening either those conditions get adopted as drafted or the prior approval remains in effect. • Added that nothing is ever going to be mathematically precise. • Said that without knowing the direction this Commission wants to take it's hard to advise. If the Commission wants to be more precise, they must articulate exactly what they want to see restricted or prohibited. • Said that as currently drafted no event is allowed that is open to the general public. Another angle might be to add that no event is allowed "with live entertainment" that is open to the general public. Director Paul Kermoyan reiterated that if no clarifying language is added, staff will use the existing language. Planner Daniel Fama pointed to a preceding paragraph that indicates that live entertainment and dancing is permitted with the following restrictions or, otherwise, is not allowed. Commissioner Gibbons: • Said that she has attended 10 different events at Villa Ragusa and all had live entertainment. • Stressed that it behooves the Commission to be really clear. Campbell Planning Commission Minutes for September 11, 2012 Page 6 • Stated the importance of evaluating in context with the Downtown Campbell Alcohol Policy and its specific definitions and activities. • Said that she wants to see Villa Ragusa's continued success. Commissioner Roseberry said he continues to be concerned with two different businesses in one building having two addresses. He asked if they could have separate Conditional Use Permits. Planner Daniel Fama said that there is one Conditional Use Permit for both Sonoma Chicken Coop and Villa Ragusa with general alcohol sales and late operational hours for both. A separate Conditional Use Permit was issued for live entertainment at the Sonoma Chicken Coop. Commissioner Roseberry expressed concern that changes made tonight might also impact Sonoma Chicken Coop. Planner Daniel Fama explained that none of the changes proposed tonight directly affects Sonoma Chicken Coop. Commissioner Roseberry reminded that both businesses are in the same building. City Attorney William Seligmann said that the conditions of approval specify different provisions for the restaurant/breweryuersus the banquet facility. Commissioner Roseberry asked whether having a different business/operator at Villa Ragusa would bring this use back to the Planning Commission. He added that he does not see how separate conditions on the same property happen. Planner Daniel Fama said that unfortunately there is but one Conditional Use Permit for two businesses in this case. Director Paul Kermoyan added that the original Conditional Use Permit was for the entire building with specific conditions for the restaurant/brewery and others for the banquet facility. Commissioner Roseberry asked if the bar can be required to close at one time and the restaurant another. Director Paul Kermoyan replied yes. Planner Daniel Fama added that liquor sales hours can be restricted. He added that the operational hours allow two hours before opening and one hour after closing for staff set up and clean up tasks. Commissioner Gibbons: • Stated that this has been a good discussion. • Said that it is her understanding that there is one Conditional Use Permit for the entire property. Campbell Planning Commission Minutes for September 11, 2012 Page 7 • Added that this original Conditional Use Permit is now re-opened for discussion because the applicant is coming in seeking changes to the original conditions. • Said that it is important to distinguish the hours of operation for both businesses. • Said that the issues of live entertainment and dancing make this situation muddier. • Stated that granting a Modification to the Use Permit supersedes the previously approved Live Entertainment Permit for the restaurant as she sees it. • Stressed the need to be clear about that. • Added that she also thinks that relates to alcohol, what is being discussed and what the Commission can now change. Planner Daniel Fama said that the 2002 Conditional Use Permit allowing live entertainment for the restaurant/brewery is still valid. Commissioner Gibbons said that it needs to be structured more clearly. Commissioner Resnikoff asked if a new Live Entertainment Permit will need to be secured through the Police Department. Planner Daniel Fama responded that Live Entertainment Permit is issued to a specific proprietor rather than to a location. Commissioner Resnikoff asked if the proposed changes for the banquet facility might be creating issues for the Sonoma Chicken Coop. Planner Daniel Fama pointed out that restaurants also have large events as allowed by the Zoning Code. Again, there are two separate businesses with separate conditions of approval within one Use Permit. Director Paul Kermoyan: • Said that the Sonoma Chicken Coop restaurant and bar are not a part of tonight's request. • Said that per the conditions of approval, the banquet hall is geographically separated from the restaurant and bar. • Added that only the conditions applying to the banquet facility are being modified with this request. Commissioner Roseberry said that since the original Conditional Use Permit is open for Modification this evening, once it is open for change the Commission has the option to either reestablish the status quo or make changes to the original conditions. City Attorney William Seligmann said that is correct. A caveat is that there is a specific application before this Commission and there must be a nexus for any changes that pertain to the pending application. Commissioner Roseberry asked if Sonoma Chicken Coop has an advocate to speak on their behalf this evening. Campbell Planning Commission Minutes for September 11, 2012 Page 8 City Attorney William Seligmann said that they were noticed about this hearing and would be here if they had any concerns. He added that having a Use Permit serving multiple uses here is no different than a Use Permit that applies to an entire shopping center. Planner Daniel Fama cautioned that it is possible that the business owner for Sonoma Chicken Coop was not noticed as the hearing notices are directed to property owners. Commissioner Roseberry said that the opening up of the original Conditional Use Permit means the original conditions are subject to change. He said that the Sonoma Chicken Coop may be interested in weighing in on decisions that may affect them directly. Commissioner Gibbons: • Agreed that the entire Conditional Use Permit is open for consideration. • Said that the Commission needs to come up with specific language for the conditions. • Added that those changes are doable but have to be thoughtful. • Suggested that this item could be postponed to allow Sonoma to have representatives present. Commissioner Roseberry said that it has been the Commission's intent to uphold the Downtown Campbell Alcohol Policy at every opportunity. Chair Reynolds opened the Public Hearing for Agenda Item No. 1. Ms. Hilary Mercant, Applicant, Villa Ragusa: • Said that she is available for questions. • Advised that she spoke with Jeff, owner of Sonoma Chicken Coop, and he had no concerns regarding this Modification request. Commissioner Gibbons: • Said that she is glad that Villa Ragusa has come in to get this approval. • Stated that Villa Ragusa provides a great service to our community. • Added that this action represents regulatory technicalities. • Mentioned the list outlining the types and ranges of events being held at Villa Ragusa and asked if they have ever rented their facility as a music venue or concert hall. Ms. Hilary Mercant replied no and advised that she has been with Villa Ragusa for a year. She advised that the San Jose Wind Symphony meets on Sundays from 1:30 p.m. to 4 p.m. Because they cannot afford to provide food, they just play music. Commissioner Resnikoff reiterated that there is no representative for Sonoma Chicken Coop. He asked Ms. Hilary Mercant if Jeff knows his conditions are potentially up for discussion. Campbell Planning Commission Minutes for September 11, 2012 Page 9 Ms. Hilary Mercant said no. Chair Reynolds closed the Public Hearing for Agenda Item No. 1. Commissioner Roseberry: • Said that what is in front of this Commission tonight is a Modification of the Use Permit. • Stated that maintaining the status quo is one option or changing original conditions. It is important to understand that. Commissioner Gibbons: • Agreed that a Modification reopens the original Conditional Use Permit for all conditions but it may not reopen the separate Use Permit issued to Sonoma Chicken Coop for its Live Entertainment Permit. • Said that definitions are important to help identify the applicability of alcohol sales with this request. That includes the definition of a banquet facility. • Stressed the importance of not setting precedence. • Pointed out that the banquet facility can be subdivided into three separate event spaces. • Questioned whether there needs to be a limitation to one party on New Year's Eve. • Stated that the Police Department had no comments on this request. However, there has not been a New Year's Eve party going to 1 a.m. at Villa Ragusa to this point. • Suggested staggering the group size capacity. Perhaps up to 200 people the first year and going up from there. • Recommended having a requirement for this facility to notify the Police Department in advance of this New Year's Eve event with details of specific group, size of group, use of shuttle service and parking. • Reminded that food service is required as part of the Downtown Campbell Alcohol Policy. • Listed discussion items as including food service, alcohol service and live entertainment. Additionally, the extension of operational hours to 1 a.m. would also result in alcohol service beyond midnight. • Added that the issue of ticket sales can be worked out through definitions. • Suggested adding the normal condition regarding garbage dumping to avoid potential noise impacts on nearby residents. • Stated that it would be appropriate to have future new banquet facility managers come to City Hall to learn about the specific requirements in place. • Agreed that the outstanding issues are preventing concerts and alcohol sales after midnight on New Year's Eve. • Added that she is okay with live entertainment but is concerned about setting precedent with 1 a.m. alcohol sales. • Stressed the need to work hard on the language so as not to set any precedent. Commissioner Resnikoff: • Said he wanted to add a couple of points. Campbell Planning Commission Minutes for September 11, 2012 Page 10 • Expressed his concern with upending the status quo by changing the original conditions on a business with no problems (Sonoma). • Said that there are two potential issues. If the Conditional Use Permit is opened up, would the current allowance for hours to 2 a.m. for Sonoma Chicken Coop be reduced to midnight per the current Downtown Campbell Alcohol Policy? Right now, the banquet facility is simply asking for one extra hour, one day each year. • Added that Sonoma Chicken Coop is not aware that its Conditional Use Permit was put at risk with this Modification request by the banquet facility. Additionally, the neighbors had no idea that the existing conditions might be up for reconsideration. Therefore, that owner and nearby neighbors need an opportunity to give input. • Said that he is less concern about the request for one additional hour as that specific detail was noticed. • Stated that questions remain. What live entertainment would be allowed at the banquet facility? What kind of music would be allowed or disallowed? Is it limited to a DJ? To a band? What about a symphony versus another type of band? Commissioner Brennan: • Joked that the Commission is coming across as anti-symphony. • Said that the definitions provided by Planner Daniel Fama are pretty clear. • Pointed out that New Year's Eve is a singular event. • Suggested that perhaps a broader allowance for New Year's Eve might be considered for the entire Downtown area. • Reminded that this hearing was noticed. • Agreed that this item could be noticed again. Additional people may come in or maybe not. • Said he is not concerned that the Conditional Use Permit is open on a grand sense. He said he was comfortable with how the revised conditions were written. They are pretty clear. The changes apply only to the banquet facility. The status quo will remain. • Concluded that he is convinced that these changes are not affecting the restaurant/brewery. Commissioner Resnikoff: • Agreed. • Said that he is concerned about the ability to change it but not if the Commission agrees to the changes proposed as written. • Stated that if it is determined that it is fair game to open up the original conditions of approval for additional changes, more people need to be invited to talk about it. Commissioner Roseberry: • Said that the existing Conditional Use Permit has a flaw somehow. • Suggested that there could be two different sets of rules for different locations. • Stated that he had originally thought that tonight's item would be easy to resolve. • Pointed out that this Commission might be criticized for not giving others an opportunity to speak on this project. Interested parties need to know more is at stake than meets the eye. • Added that he is not sure that tonight is the night to decide this. Campbell Planning Commission Minutes for September 11, 2012 Page 11 Commissioner Brennan asked Commissioner Roseberry to elaborate on what he sees as the flaw. Commissioner Roseberry: • Reminded that a Conditional Use Permit is issued for a specific property. • Said that if a Use Permit is conjoined (as it is in this case) that Use Permit applies to both uses. If that original Use Permit is modified, there is an opportunity to change it. • Suggested that it would be smarter to split the Use Permit. • Said that in either case, his understanding of this is not adequate to weigh in on what's at risk tonight. Commissioner Finch: • Asked when the business licenses were taken out. • Said that it appears this banquet facility falls in a different category. • Added that the changes to the conditions seem to be pretty well worded. • Questioned if the modifications serve as a subset to the existing Conditional Use Permit conditions. Director Paul Kermoyan: • Replied correct. • Reminded that there is one Use Permit with some specific conditions pertaining only to the banquet facility and other separate conditions applying specifically to the restaurant/brewery. • Said that any changes to an existing Use Permit could have consequences and/or cumulative impacts. Modifying it does open the opportunity to look at both uses and for a more involved discussion. Commissioner Gibbons: • Cautioned that the issuance of business licenses is not an issue for the Planning Commission. The Commission itself relies on the language contained in the Zoning Code. • Added that it is standard operational procedure that when an existing Use Permit is opened up for modification everything in it is up for grabs again. • Said that the Sonoma Chicken Coop is open to 2 a.m. and is one of only a small handful of businesses open that late in the Downtown. • Pointed out that the Commission does not have to agree with what staff has written. • Agreed that what is intended is clear as per staff's evaluation of this request. • Said that language is necessary to resolve the questions outstanding. • Said that there is a larger issue that the Commission cannot do tonight. • Suggested that perhaps language can be added to the definition of banquet facilities to state that private parties in other types of business establishments do not constitute banquet events. Commissioner Resnikoff: • Agreed that the Downtown Campbell Alcohol Policy must be taken very seriously. Campbell Planning Commission Minutes for September 11, 2012 Page 12 • Added that this request for Modification is relative to one specific night per year. • Pointed out that most members of this Commission had not anticipated discussing the Use Permit as it pertains to the Sonoma Chicken Coop since there was no intent to change their operations. • Stated that he doesn't want to simply bring everyone in just because the Commission can do so and just because the Sonoma Chicken Coop cohabitates in the same building as the Villa Ragusa banquet facility is located. • Suggested focusing on the issues at hand rather than opening up the entire original Use Permit. • Concluded that if the majority wants to open up all original conditions that cannot occur without all affected parties being present. Commissioner Roseberry: • Said that he doesn't want to close it out either or penalize anyone. • Stated that he can see a clear difference between a banquet facility and a restaurant. • Agreed that there can be two sets of rules for each respective business. • Added that his only concern is if the Commission opens up all the conditions of the Use Permit for discussion, the public does not know that is happening and they should be allowed to voice their opinions, if any exist, although he may be overly cautious in that regard. • Concluded that if the Commission does not touch anything related to the restaurant that would be easier. Commissioner Brennan said that he would like to be on record as saying that the conditions impact the Sonoma Chicken Coop should not be touched. Simply work on the one component relative to Villa Ragusa and move forward. Chair Reynolds: • Said that it appears that the majority are ready to move forward and perhaps add language. • Added that it appears the preference is not to address conditions that pertain to 200 E. Campbell Avenue (Sonoma Chicken Coop) and simply to whittle the issues down to those impacting the request for a Modification for Villa Ragusa located at 35 S. Second Street. Commissioner Gibbons asked for verification that it is not possible to separate out the existing Conditional Use Permit into two separate Use Permits tonight. City Attorney William Seligmann said that is correct. Chair Reynolds said it appears to be the consensus that the issue of Sonoma Chicken Coop's hours of operation is not relevant tonight in the discussion of the Villa Ragusa banquet facility request. Campbell Planning Commission Minutes for September 11, 2012 Page 13 Commissioner Gibbons said that she couldn't support that. She added that while a good discussion has occurred here tonight, she is not comfortable without more public involvement. Commissioner Resnikoff said that regardless of what decision is reached, the Planning Commission's action is appealable to Council even if no changes are made to the conditions for Sonoma Chicken Coop. City Attorney William Seligmann agreed. Commissioner Resnikoff said he was more comfortable with that understanding. Commissioner Finch asked whether Sonoma Chicken Coop is open to 2 a.m. every night of the week. This proposed Modification is not impacting Sonoma at all. Villa Ragusa is seeking a 1 a.m. closure for one night of the year while Sonoma Chicken Coop has 2 a.m. closing every night. Director Paul Kermoyan clarified for Commissioner Finch that the 2 a.m. hours for Sonoma Chicken Coop are Mondays through Saturdays plus holidays. Planner Daniel Fama pointed out that the actual recognized holiday is New Year's Day. New Year's Eve is not technically the holiday. Commissioner Gibbons: • Said that the issue is the time between the existing 12 a.m. closure and the proposed 1 a.m. closing time on New Year's Eve. • Reminded that Sonoma's 2 a.m. closing time is one of the few businesses Downtown allowed to operate that late. • Pointed out that as a result of this Modification request, the Commission could modify the conditions and send Sonoma back to 12 a.m. closure called for under the Downtown Campbell Alcohol Policy provisions. • Suggested that more noticing is necessary. Commissioner Reynolds asked if a continuation is what is being recommended. Commissioner Resnikoff: • Replied that a continuance is not what he is recommending. • Added that it appears there is a consensus to not touch one side of this Use Permit. • Stated that just because the Commission can revisit the original conditions does not mean they should do so. • Reiterated that any actions taken are appealable. Nothing is being hidden. There is no controversy. • Suggested that the conversation be focused on the one-hour extension being sought by Villa Ragusa for New Year's Eve. If a majority vote cannot be reached on that issue, then this item could be extended into another meeting. • Said that he thinks there is consensus. Campbell Planning Commission Minutes for September 11, 2012 Page 14 Commissioner Gibbons said she thought the appeal fee was $1,500. City Attorney William Seligmann clarified that the fee used to be $100 but is now $200 for the filing of an appeal. Commissioner Gibbons: • Agreed that the issues raised by the Villa Ragusa applicant can be discussed to see if consensus can be reached on that. • Added that she would not support the idea of not extending the discussion to the Sonoma Chicken Coop use. • Pointed out that the staff report for tonight's meeting was limited to impacts on Villa Ragusa. • Agreed that the bulk of the Villa Ragusa discussion has been resolved. Chair Reynolds suggested a focus on Villa Ragusa at this time. Commissioner Brennan: • Said that a big question for him is the alcohol sales question. • Asked if it is fair to extend this facility given that other uses have come before this Commission for extended hours too. • Questioned whether the difference between a banquet facility versus a restaurant facility supports this request. • Said that if this request is granted, either a discussion of an exemption for all venues in the Downtown may need to be considered or a real good justification be articulated to support allowing this additional hour at this one facility for this one night each year. Commissioner Gibbons: • Said that she is there with Commissioner Brennan. • Advised that she has tried to come up with language. • Said that her concern is the setting of precedent and whether this can be defined and justified uniquely to deviate from the alcohol policy. • Added that at this time she does not want to allow this based upon the Downtown Campbell Alcohol Policy. Commissioner Roseberry: • Agreed with Commissioner Gibbons. • Asked how many banquet facilities there are within the Downtown Campbell Alcohol Policy area of jurisdiction. Planner Daniel Fama replied that it is his understanding that this is the only privately- owned banquet facility. The City owns the Orchard City Banquet Hall and the Ainsley House facility. Commissioner Roseberry: • Said that this is a banquet facility versus being abar/restaurant. Campbell Planning Commission Minutes for September 11, 2012 Page 15 • Added that this request impacts just one night out of 365 with just one added hour past its standard closing time. • Stated that this is not setting precedent to push back the hours for anyone else unless there is another banquet facility in the Downtown. Commissioner Gibbons asked about food service. Not including food service with alcohol service would represent an exception to the Downtown Campbell Alcohol Policy. Commissioner Roseberry asked if the Alcohol Policy addresses banquet facilities in addition to bars and restaurants. Commissioner Gibbons: • Said that one consideration is if this passes the litmus test as a banquet facility. • Asked if the Commission wants to discuss food and live entertainment. • Stressed the importance of understanding that food service is necessary. • Events should generally be based upon food service with alcohol sales. Commissioner Resnikoff: • Said that this may not fall within the policy parameters but there is nothing wrong with a food service requirement for this facility that has afull-time use as a banquet facility. • Said that as defined this is not setting precedent. • Added that if there were to be another full time banquet facility in the Downtown in the future, he would not oppose it there. • Reiterated this request is for one night a year with one additional hour of operation. • Expressed support for the request. City Attorney William Seligmann clarified that the Downtown Campbell Alcohol Policy specifically refers to restaurants and bars in regards to the requirement for food service together with the service of alcoholic beverages. Commissioner Resnikoff: • Questioned the intent of the Downtown Campbell Alcohol Policy. • Stressed the importance of understanding that a location cannot simply morph into and out of being categorized as a banquet facility. • Reiterated that this is a unique situation. Commissioner Brennan: • Asked whether the Downtown Alcohol Policy references holidays and offers any exceptions for holidays. Director Paul Kermoyan: • Said that the policy references uses on special occasions. • Said that the focus was to differentiate between restaurants and bars. • Added that the food component was intended to separate restaurants from bars. Campbell Planning Commission Minutes for September 11, 2012 Page 16 Commissioner Gibbons: • Said that the definition of a banquet facility is clear. • Stressed the importance of having a facility that is defined as a banquet facility to function as a full-time banquet facility. • Questioned how many events can occur concurrently as there is a possibility for three events at a time since Villa Ragusa can be subdivided into three separate spaces. Commissioner Brennan: • Said that there is no reason to get into that detail as there is really no difference between a single event versus three smaller events. • Stated his discomfort in "splitting hairs". If in the future restaurants want to open until 1 a.m., he said he is comfortable saying no based on the Alcohol Policy provisions. Commissioner Roseberry said that he has attended his fair share of New Year's Eve parties. He stated, "Once the clock strikes 12, you kiss the girl and go home." He suggested the potential of stopping alcohol service at midnight on New Year's Eve while allowing them to stay open until 1 a.m. Commissioner Gibbons: • Said that she is good with that idea. It would make her feel better. • Reminded that another purpose of this discussion is the issue of live entertainment. • Listed the three main issues to consider as being hours of operation; the alcohol policy and the live entertainment aspect. • Pointed out that Villa Ragusa has been functioning well without problem including live entertainment. That is not really an issue. • Added that the additional hour is one night a year from midnight to 1 a.m. Commissioner Resnikoff agreed that precedent is not being set here. Commissioner Brennan said that adjusting Condition 19 would make him comfortable with this request. He asked if it would be appropriate to ask the applicant to provide feedback on what has been discussed by the Commission. Chair Reynolds: • Listed the four issues at hand: 1. Alcohol sales 2. Food service 3. Live entertainment 4. Ticket sales. Commissioner Gibbons said that any concern about food service goes away with the definition of a "full-time banquet facility." Chair Reynolds asked about the inclusion of live entertainment. Campbell Planning Commission Minutes for September 11, 2012 Page 17 Commissioner Roseberry said that since New Year's Eve is in the winter and the doors and windows of the banquet facility will be kept closed so noise impacts would be minimized. Commissioner Gibbons suggested splitting Condition 19 into subsections "A" and "B", one for the banquet facility and the other for the restaurant. Commissioner Brennan asked what would preclude an event such as a rave being held in this facility. Commissioner Gibbons suggested identifying this as a full-time banquet facility with a single food-based event. Chair Reynolds asked about the issue of ticket sales. Commissioner Gibbons said that afull-time banquet facility is available for private parties with food-based service provided. Commissioner Roseberry suggested striking Condition 19-C. Commissioner Brennan said that instead of appearing anti-symphony, the San Jose Wind Orchestra should be allowed to play on Sundays without requiring them to secure food service. However, if symphony events are allowed without food service why not rave events without food service? Commissioner Resnikoff said that is a valid point. Commissioner Gibbons said that a banquet facility is in the ordinance as it is. She suggested adding the words "full-time" and removing the requirement for food service. Commissioner Finch reminded that the San Jose Wind Symphony cannot afford to avail itself of food service when they meet at Villa Ragusa. Additionally, the Symphony plays at Villa Ragusa on Sunday afternoons from 1:30 p.m. to about 3:30 or 4 p.m. Chair Reynolds suggested requiring food if alcohol service is provided. Director Paul Kermoyan cautioned that trade shows typically don't' have food service. Why is food service so important? Commissioner Gibbons said that food service is important with alcohol service. Commissioner Roseberry agreed that one doesn't have to have food service at every banquet facility event. Commissioner Resnikoff said that it is only relevant as it is part of the definition. Director Paul Kermoyan said that was a good suggestion to link food service to alcohol service, requiring food if an event plans to serve alcohol. Campbell Planning Commission Minutes for September 11, 2012 Page 18 Commissioner Resnikoff said that for afull-time banquet facility, he doesn't care if food is part of any given event. He reminded that the noise regulation gives the Community Development Director and the Police Department the opportunity to reduce hours if problems result from the late hours. Commissioner Gibbons said that her main issue is the service of alcohol after midnight as that conflicts with the Downtown Campbell Alcohol Policy. She said that if a consensus can be reached this evening she would support alcohol service to midnight and closure at 1 a.m. on New Year's Eve. Commissioner Roseberry: • Said that it appears the group is real close to consensus. • Supported adding "full-time" to the definition of banquet facility. • Agreed that this request would not set precedent. • Reminded that this is simply one night a year for one additional hour. • Pointed out that the place downstairs (Sonoma Chicken Coop) is open until 2 a.m. Commissioner Resnikoff: • Agreed with the provision of a full-time banquet facility. • Supported allowing one additional hour to 1 a.m. on New Year's Eve each year. • Suggesting striking Condition 19-C and separating Condition 19 A and B. Commissioner Brennan said he was comfortable with the cessation of alcohol service at 12 a.m. Commissioner Roseberry: • Expressed support for one additional hour one night of the year. • Agreed with the definition of this location as a banquet facility and that this approval would not result in a precedent setting action. The use is different enough from all others in the Downtown. It is a unique business that falls under a slightly different rule. • Asked if it is time to make a motion. Commissioner Gibbons: • Said that it is important to say for the record that the specific definition of a banquet facility is helping in this decision. • Reiterated that this approval is for one night per year and does not set a precedent. • Stated that Villa Ragusa is able to stay open until 1 a.m. serving alcohol for one night per year. Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 4083 approving a Modification (PLN2012-172) of a previously approved Conditional Use Permit to allow New Year's Eve events until 1 a.m. and to formalize allowance of live entertainment throughout the year for an existing banquet facility Campbell Planning Commission Minutes for September 11, 2012 Page 19 (Villa Ragusa) on property located at 35 S. Second Street /200 E. Campbell Avenue, with the following modifications to the conditions: • Striking Condition 19-C; • Striking all references to any change to the restaurant's existing conditions from the draft conditions; • Deciding only on changes as they relate to a full-time banquet facility; • Add the standard garbage dumping condition relating to hours at which garbage disposal should cease to avoid noise impacts on the surrounding area; • Requiring any future new managers to meet with Planning staff to review the Use Permit requirements; by the following roll call vote: AYES: Finch, Resnikoff, Reynolds and Roseberry NOES: Brennan and Gibbons ABSENT: None ABSTAIN: Razumich Chair Reynolds advised that this item is final unless appealed in writing to the City Clerk within 10 calendar days. Commissioner Razumich returned to the chambers and dais upon the conclusion of Agenda Item No. 1. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Interim Director Paul Kermoyan added the following additional details to his written report: • Council will conduct a scoping session on October 2nd on the subject of the Dell Avenue Area Plan. The information provided will help staff to prepare the RFP (Request for Proposals) to solicit qualified consultants. ADJOURNMENT The Planning Commission meeting adjourned at 9:28 p.m. to the next Regular Planning Commission Me October 9, 2012. SUBMITTED BY: Corinne Shinn, Recording Secretary, ~ APPROVED BY: T P~ii+~-~2eynol s, Jr., Chair ATTEST: _ Paul er an, Secretary