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PC Min - 10/23/2012CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of October 23, 2012, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Reynolds and the following proceedings were had, to wit: OCTOBER 23, 2012 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Philip C. Reynolds, Jr. Paul Resnikoff Brian Brennan Pam Finch Bob Roseberry Commissioners Absent Staff Present: APPROVAL OF MINUTES Commissioner: Commissioner: Interim Community Development Director: Associate Planner: City Attorney: Recording Secretary: Elizabeth Gibbons John Razumich Paul Kermoyan Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Brennan, seconded by Commissioner Resnikoff, the Planning Commission minutes of the meeting of October 9, 2012, were approved. (4-0-2-1; Commissioners Gibbons and Razumich were absent and Commissioner Finch abstained) Campbell Planning Commission Minutes for October 23, 2012 Page 2 COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Reynolds read Agenda Item No. 1 into the record as follows: PLN2012-196 Public Hearing to consider the application of OPA Campbell, LP, OPA for a Conditional Use Permit (PLN2012-196) to allow late night Campbell,, LP operational hours and general alcohol sales for a new restaurant on property located at 276 E. Campbell Avenue in the C-3 (Central Business District) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Steve Prosser, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report as follows: • Said that the project site is located at the Oddfellows project, a building currently under construction at the corner of Campbell Avenue and First Street. • Advised that the site is zoned C-3 (Central Business District) and the General Plan land use designation is Central Commercial. • Stated that a Conditional Use Permit is sought for a restaurant and bar to allow a Type 47 general alcohol license as well as late hours. The proposed business hours are k-etween 11 a.m. and 12 a.m. while the proposed operational hours are between 9 a.m. and 1 a.m., which will allow two hours of prep time in the morning and one hour of clean up in the evening after closing to the public. • Described the tenant space as consisting of 2,700 square feet. The restaurant will include a dining area, small bar with 16 bar seats and 66 outdoor dining seats. Said that the outdoor dining furnishings include lounge-style seating as well as dining furniture in a more contemporary style with granite tabletops. • Advised that the outdoor dining ends at 10 p.m. • Reported that the adjacent restaurant will be open just for breakfast and lunch. A condition of approval requires that the 18 outdoor dining seats serving that restaurant be removed during lunch time in order to clearly demarcate the two distinct dining areas on either side. Campbell Planning Commission Minutes for October 23, 2012 Page 3 • Stated that the proposal is consistent with the General Plan, Zoning and Downtown Campbell Alcohol Policy, including hours, menu and' ensuring that the use is predominately a restaurant and not just a bar. • Explained that the Planning Commission is asked to make special findings that allowing thE; sale of hard alcohol does not reach a level of over-concentration that could result: in becoming a nuisance, causing disturbance to the area or created an excessive demand on City services. • Reported that there has been within the last 10 years athree-fold increase in the number of establishments in the Downtown with general alcohol sales. • Advised that there are no defined limits on the issue of over-concentration. • Stated that this evening's request is consistent with the Downtown Alcohol Policy and no nuisance impacts are anticipated. • Stated that signage allowed per the Sign Ordinance is one sign per business, two for a corner business, which in this case applies. There is a specific sign code for the Downtown that requires signs made of metal or wood or painted fabric when part of an awning. • Reported that past sign approvals have not always been consistent with policies in an effort to be supportive of new businesses coming to the Downtown. Therefore some plastic signs have been approved. • Said that s1:aff is asking for direction from the Planning Commission as to whether to reaffirm the use of either metal or wood for Downtown business signs. • Stated that staff is recommending that the Planning Commission adopt a resolution approving this Conditional Use Permit, subject to the conditions of approval. Commissioner Brennan: • Said that signage is an important question. • Asked if the signage question refers to this applicant here tonight and whether the provisions of the DT sign regulations should be strictly adhered to. Should this be a general discussion or a specific discussion? Planner Daniel Fama said that staff is seeking direction moving forward. If the Commission is willing to be more flexible so as to allow sign materials in addition to wood or metal, the draft signage condition could be modified accordingly. Director Paul K;ermoyan: • Said that staff has been off on a tangent by allowing signs that are inconsistent with the Downtown Sign Ordinance provisions in regards to sign materials by having approved some signs made of plastic. • Added that it may be time to get back on track. • Reminded that typically signs are approved at staff level. • Concluded that the Commission may alternately feel that it is not fair to draw the line now when other signs are already there. • Stated that for this Use Permit within a newly constructed building, the signage should be commensurate with the high quality of the building itself. Commissioner Roseberry: • Reminded that the Use Permit runs with the property rather than the operator. Campbell Planning Commission Minutes for October 23, 2012 Page 4 Agreed that if the sign provisions are to be enforced, now is the time. Questioned the plan to remove outdoor seating each day. Sought clarification as to whether those 14 outdoor seating area seats and tables they serve will be removed every day. Planner Daniel Fama replied that was his understanding. Director Paul k;ermoyan: • Explained that the center restaurant space would be occupied by a restaurant serving only breakfast and lunch. • Added that there will be great coordination between these three businesses. • Pointed out that the patio area was intended for outdoor dining uses. • Said that iri trying to follow the letter of Code requirements, outdoor dining seats must be located directly in front of the specific business those seats serve. Commissioner Resnikoff asked who can authorize encroachment in regards to use of these seats. Is it the owner of the property? Is it the business owner? What if the breakfast and lunch restaurant in the center elects to never offer outdoor dining? Director Paul I<ermoyan clarified that the outdoor dining area directly in front of the breakfast and lunch restaurant (center tenant space) must only be used by that restaurant during the hours that it is open. Once that restaurant has closed for the day after lunch, the other two restaurants can use the area for dining. Commissioner Resnikoff pointed out that there is currently no request for live entertainment. He cautioned that if the applicant comes back requesting the addition of live entertainment the Conditional Use Permit provisions are open for modification. Director Paul K;ermoyan agreed and said that such an application would be processed as a Modification of Use Permit. Commissioner Finch asked how the condition requiring maintenance of the outdoor furnishings is monitored. Director Paul Kermoyan replied that it is hoped that the business owners themselves will hold a high standard. He added that it is subjective. If furnishings look bad, the City may end up contacting the owner. Commissioner Brennan asked about the issue of over-concentration as he currently has no frame of reference. He said that he sees it as meaning that if there is too much of one type of use (say restaurant) then once over-concentration has been reached it is difficult for new businesses to survive. He asked if there are other things/concerns to think about ire reference to over-concentration. Is it the potential to succeed or fail? Planner Daniel Fama said that the reason the Downtown Campbell Alcohol Policy was established was to deal with increased calls for service caused by uses with later hours and/or alcohol sales. The policy was put in place to prevent future problems. Campbell Planning Commission Minutes for October 23, 2012 Page 5 Commissioner Brennan asked if over-concentration refers specifically to alcohol. Director Paul K;ermoyan: • Explained that it is staff's role to inform the public and the Commission on issues such as over-concentration. • Added that if the Commission feels that saturation has been reached, they can take over-concentration into consideration in approving or denying additional uses. • Said that it sounds to him like the Commission agrees that while the Downtown is seeing an increase in restaurants with general alcohol sales, it seems okay for now. • Concluded that it is possible that at some point that either the Planning Commission or the City Council may determine that an over-concentration has been reached. Commissioner Resnikoff: • Said that this is more to the consideration of the business owner(s). • Added that to him two other areas indicate when there is an over-concentration. One is the Campbell Police Department's ability to provide services. The other is when parking is no longer sufficient to accommodate the activity of the downtown. • Assured that "when it happens, we'll know it" but that he was not sure when that might be. Chair Reynolds opened the Public Hearing for Agenda Item No. 1. Mr. Angelo Her~opoulos, Applicant and Business Owner, Opa! Restaurant: • Thanked the Commission for its consideration. • Introduced his business partner, Molly Adams. • Joked that with his "OCD" that he would certainly change out furnishings that did not look good. • Explained that Opa! Restaurant was started about five years in Willow Glen, which was a difficult time in this nation's economy. • Said that 1:heir target was to serve neighborhood communities. They have restaurants located in Willow Glen, Los Gatos, Los Altos and Walnut Creek. • Added that Campbell was in their sights since they started as they feel this community its appropriate for their concept of family-friendly dining. • Stated that Opa uses family recipes with a California twist. They are between casual and fine dining. • Assured that they are not a loud location. The alcohols they serve are intended to compliment the dishes they serve and include wine, beer and spirits. • Advised that they are trying to create a brand that offers consistency throughout their locationns with a similar atmosphere and the same service, menu and quality at each location. • Informed that he is a licensed general contractor and builds out their restaurants. The signs they use incorporate their logo. The signs are made of metal. There are two ways in which they illuminate their signs. In Walnut Creek, they use LED lights. The rest of the locations (Los Gatos, Los Altos and Willow Glen) include a neon bulb in the rniddle of it, housed within a metal channel. Campbell Planning Commission Minutes for October 23, 2012 Page 6 • Said that their sign design will compliment their Campbell location's building style very well. • Stated that he is available for any questions. Commissioner Finch said that she has not yet had the pleasure of dining at an Opa restaurant but. has friends that have. Those friends have raved about their experiences. Commissioner Brennan said that his wife is very happy to know that an Opa restaurant is coming to Campbell. She loves their Los Gatos location. Chair Reynolds closed the Public Hearing for Agenda Item No. 1. Commissioner Roseberry: • Said that staff did a great job of making sure the proposal complies with the Downtown Campbell Alcohol Policy. • Advised that he has dined at Opa. • Agreed that: it will be a good addition to the vibrant Downtown Campbell. • Wished the applicants the best of luck. • Pointed out that the Use Permit runs with the land and he hopes that these operators are here for a long time. • Assured that he is in favor of this request. Commissioner Brennan said that it seems like Opa's sign materials conform to the strict interpretation of the Downtown Sign Ordinance requirements. Is that correct? Director Paul It;ermoyan replied yes. Commissioner Brennan extended his compliments to staff and to the applicant regarding the use of the outdoor seating space. Commissioner Reynolds: • Stated that this is a beautiful project and he is looking forward to dining there. • Said that hE; will support this request. • Complimented the report. • Said that he shares the concern about the potential of reaching a level of over- concentration. He asked if staff should address this issue with Council. Director Paul I<ermoyan said that at such time that the Commissioner is concerned about the number of restaurants with full alcohol service reaching a level of over- concentration, the Council could be advised of this concern. Chair Reynolds said that it is important to realize over-concentration before saturation has been reached. Campbell Planning Commission Minutes for October 23, 2012 Page 7 Director Paul Kermoyan suggested polling each Commissioner on the issue and perhaps forwarding results on to Council collectively or individual Commissioners can chose to personally address Council on the issue. Commissioner Resnikoff: • Said that over-concentration is not just restaurants with general alcohol sales but there may k~e other reasons for considering an over-concentration. • Stressed the need to develop an understanding of what over-concentration means and when it is reached. • Added that some may feel that there is already an over-concentration of restaurants in the Downtown. Others may disagree. • Concluded that as for today's application, this one stands on its own merits. Chair Reynolds: • Agreed with Commissioner Resnikoff. • Said that some consensus might be needed in order to better evaluate the future before over-concentration is reached. • Agreed that it has no bearing on this application. • Advised that he would be supportive. Commissioner Resnikoff: • Said that he wants to step back a moment. Where is there saturation? Is it in the Downtown? Could it be a saturation of retail, etc.? • Suggested refining that issue before taking any action. City Attorney V1lilliam Seligmann: • Clarified that the only place in the Ordinance referencing over-concentration is with regard to alcohol establishments. • Added that while it could apply to different things, the Ordinance is only referencing alcohol serving establishments. • Cautioned i:hat there is no specific agenda item on this issue tonight. It will be possible to have abroad-ranging discussion of the subject with appropriate action once it has (been agendized for a future meeting. Commissioner Roseberry agreed that this is a different item for a different day. He asked if perhaps a study session would be in order. Commissioner Finch: • Stated her agreement with Commissioner Resnikoff. • Said that Downtown Campbell is a vibrant, exciting place to be with its different restaurants, outdoor dining and lots of choice. • Supported scheduling a study session to discuss this further another time. Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 4085 approving a Conditional Use Permit (PLN2012-196) to allow late night operational hours and general Campbell Planning Commission Minutes for October 23, 2012 Page 8 alcohol sales for a new restaurant on property located at 276 E. Campbell Avenue, by the following roll call vote: AYES: Brennan, Finch, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Gibbons and Razumich ABSTAIN: None Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF T'HE COMMUNITI( DEVELOPMENT DIRECTOR Interim Director Paul Kermoyan advised that there were no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 8:10 p.m. to the next Regular Planning Commission Meeting of November 13, 2012. l SUBMITTED BY: Corinn n, Recording Secretary APPROVED B`~(: Philip R olds, r., n~ ATTEST: ~ /~ Paul Kermoyan, Secretary