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PC Min - 11/26/2013CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. NOVEMBER 26, 2013 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of November 26, 2013, 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: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioners Absent: Commissioner: Commissioner: Staff Present: Comm. Dev. Director: Planning Manager: Associate Planner: Associate Planner: City Attorney: Recording Secretary: APPROVAL OF MINUTES Philip C. Reynolds, Jr. Paul Resnikoff Pam Finch Yvonne Kendall Michael L. Rich Cynthia L. Dodd Bob Roseberry Paul Kermoyan Aki Honda Snelling Steve Prosser Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Finch, seconded by Commissioner Resnikoff, the Planning Commission minutes of the meeting of November 12, 2013, were approved. (5-0-2; Commissioners Dodd and Roseberry) COMMUNICATIONS Letter to members of the Commission from EMQ FamiliesFirst. Campbell Planning Commission Minutes for November 26, 2013 Page 2 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: 1. PLN2013-298 Public Hearing to consider the application of Dante Perrucci for Perrucci, D. a Conditional Use Permit (PLN2013-298) to establish a new wine bar (Little Wine Counter) on property located at 1875 S. Bascom Avenue, Unit 560, in a C-2 (General Commercial) Zoning District. Staff is recommending that the 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: • Reported that the applicant is seeking approval of a Conditional Use Permit to establish a wine bar at the Pruneyard Shopping Center, Unit 560, next to EI Burro Restaurant. • Advised that a Master Conditional Use Permit was approved by Council in 1994 that limited the number of restaurants in the center to 18. The intent of that limitation was to ensure a diversity of uses at the center. • Explained that this space (560) was previously occupied by a retail wine store that evolved into a wine bar (Tessora's) that was inconsistent with its Conditional Use Permit. Staff tried to work with Tessora's to stay at the location but they ultimately relocated into Downtown Campbell. • Said that the tenant space previously occupied by Barnes & Noble bookstore (with its associated Cafe) closed and was occupied by a retail use (Sports Basement). The closed Cafe was considered the 18th restaurant. That departure allows this use to secure this Use Permit for a wine bar. • Reported that the use will incorporate live entertainment with non-amplified jazz bands playing on Friday, Saturday and Sunday during business hours. • Stated that there will be 48 interior seats (10 bar seats and 38 dining) and 12 outside dining seats. • Said that the C-2 Zoning allows this proposed use with issuance of a Conditional Use Permit. The proposed use is consistent. The use is also consistent with the Pruneyard Master Use Permit with the closing of the Cafe and replacement with this wine bar. • Said that as parking is determined by number of seats and the proposed number of seats is the same as the Cafe, no increased parking demand exists. Campbell Planning Commission Minutes for November 26, 2013 Page 3 • Said that the Commission can approve this use after making certain findings such as the limited hours, incidental nature of its entertainment, and the fact that the central location within the center shields any potential impacts on residents. • Recommended the Commission adopt a resolution approving this Conditional Use Permit. Commissioner Resnikoff said he wanted to clarify that the live entertainment is limited to non-amplified jazz performances to be held indoors only. Planner Daniel Fama said that per Council's original approval of the Pruneyard's Master Use Permit, all entertainment is restricted to indoors. Chair Reynolds opened the Public Hearing for Agenda Item No. 1. Dante Perrucci, Applicant: • Reiterated that according to his lease, live entertainment is not allowed outdoors and he is not interested in having it anyway. • Said that he currently has a restaurant in Downtown San Jose (Little Chef Counter) and also operates the Little Chef Catering Group. They have been in business for three years. • Explained that they started looking for a location about eight months ago and decided Campbell was the place for them to serve a food and wine experience they wanted to provide. About six months ago, they talked with Pruneyard and signed a lease with them three months ago. • Stated he was available for any questions. Commissioner Rich asked Mr. Perrucci to elaborate on the type of experience this business would be offering. Dante Perrucci: • Explained that their chef has an extensive culinary background. Their current restaurant is located in San Pedro Square at Market in San Jose. It is a very sports-centric atmosphere there where it is hard to sell $20 plate of roasted duck or other fine fare. They had to change their menu to adapt to the customers drawn there. • Said that they also operate Little Chef Bistro that provides a sit down private fine dining experience. • Admitted that their head chef is going crazy making hamburgers. Commissioner Kendall asked if food would be available through closing as well as at the bar. Dante Perrucci said food would be available until closing and there is no reason not to serve food to patrons seated at the bar. He added that the focus is on wine itself but they are also able to expand their menu here to offer a lot of different foods. Chair Reynolds closed the Public Hearing for Agenda Item No. 1. Campbell Planning Commission Minutes for November 26, 2013 Page 4 Commissioner Kendall said that for the safety of people leaving after drinking she would propose an added condition to provide information on designated driver services that are available. Commissioner Resnikoff referenced Condition 6(n) that requires a designated driver program. That's a pretty standard condition. Commissioner Kendall said that she would suggest adding this requirement for taxi cab and information about "designated driver services". Chair Reynolds: • Said that he likes the idea of a condition requiring food service throughout. • Added that this is not abar-type of environment and he is happy with what he is seeing proposed here. • Added that their high-end offerings will bring in a different and responsible crowd to the area. • Concluded that he is supportive of this application. Commissioner Rich said he has similar thoughts and likes the dining experience being described. He is pleased with the location and will support this request. Commissioner Resnikoff asked if requiring food throughout is a typical condition. Planner Daniel Fama said that this request is for a wine bar with a Type 42 ABC license, which does not require food service. Director Paul Kermoyan: • Said that a restaurant serving alcohol is typically required to have food available at all times. • Added that this use is a wine bar. They are voluntarily providing food as their own addition to a wine bar use. Commissioner Resnikoff said that given that distinction, it shouldn't be conditional to provide continuous food service since this is a wine bar. Director Paul Kermoyan said that the prior retail wine sales establishment developed into something different. Commissioner Resnikoff reiterated that as a wine bar it is not mandatory to serve food. Director Paul Kermoyan: • Said this is a Conditional Use Permit. • Added that if the Commission feels a wine bar would impact the health, safety and welfare of the community, it doesn't have to approve it. • Asked the City Attorney if the Commission could impose a condition of approval for food. Campbell Planning Commission Minutes for November 26, 2013 Page 5 City Attorney William Seligmann said they could if they find that condition is necessary to protect the public's health, safety and welfare. Commissioner Resnikoff said he personally doesn't see the need to burden this business with a condition requiring food service at all times. While it is a good idea for a restaurant it is not necessary in this case. Planner Daniel Fama clarified that there must be food service in a restaurant serving liquor. Commissioner Rich said he doesn't want to put an unfair burden on this application that is not typically imposed. Chair Reynolds: • Said that he agrees. • Added that if that condition were to be imposed, it could become precedent for other future wine bars. • Stated that if they can make money selling food with their wine, they probably would do so. • Concluded that he is willing to change his mind about requiring food service and is okay not including that as a condition of approval. Commissioner Finch: • Said that a wine bar can't be required to sell food. • Pointed out that there is a lot of accountability with ABC licensing types. • Reminded that there are existing conditions in place to allow future review in the events that problems are created by this use. • Stated that she doesn't see any problem. Chair Reynolds said that there is process in place for revocation if necessary. Commissioner Kendall asked about open bottles and whether any already-opened (partially consumed) bottles would be allowed to be taken off site. Chair Reynolds re-opened the public hearing. Dante Perrucci replied that he does not believe that he is allowed, under his liquor license, to re-cork an open bottle to allow a customer to take that bottle off site. Chair Reynolds re-closed the public hearing. Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Kendall, the Planning Commission adopted Resolution No. 4125 approving a Conditional Use Permit (PLN2013-298) to establish a new wine bar (Little Wine Counter) on property located at 1875 S. Bascom Avenue, Unit 560, with the added condition 6(n) to post contact information for designated driver services in public view, by the following roll call vote: Campbell Planning Commission Minutes for November 26, 2013 Page 6 AYES: Finch, Kendall, Resnikoff, Reynolds, and Rich NOES: None ABSENT: Dodd and Roseberry ABSTAIN: None Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *~ Chair Reynolds read Agenda Item No. 2 into the record as follows: 2. PLN2013-305 Public Hearing to consider the City-Initiated Text Amendment City (PLN2013-305) to modify the Flood Damage Prevention Ordinance to comply with current Federal regulations. Staff is recommending that the project be deemed Categorically exempt under CEQA. Tentative City Council Meeting Date: January 7, 2014. Project Planner: Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Reported that this is a City-initiated Text Amendment to the Flood Damage Prevention Ordinance. • Added that the City of Campbell is a voluntary participant in the Flood Insurance Program, which makes reasonably priced insurance available in areas within a flood zone. • Explained that any Federal insured mortgage requires such flood insurance. • Said that as a part of being in this program, the City was contacted by FEMA to revise its Ordinance to conform to FEMA's most recent provisions. In October, the City was advised that certain changes were required. This includes a data error that will be corrected and clarifying language on when certain activities are required if construction is allowed in a flood zone. • Said that the proposed Text Amendment has been reviewed by FEMA and found to be consistent with their most recent statutes. • Recommended the adoption of a Resolution that recommends Council approve these amendments to the Flood Damage Prevention Ordinance. Chair Reynolds asked for clarification between recreational vehicles, motor homes, trailers, etc. Planner Steve Prosser: • Said that the intent is temporary recreational vehicle parks rather than the more permanent mobile home parks. • Added that there are none in Campbell and will not be in the future. It was included because it was a part of the Federal statute. Director Paul Kermoyan said that the vehicles must be fully licensed and ready for highway use. Campbell Planning Commission Minutes for November 26, 2013 Page 7 Chair Reynolds asked about the requirement for fewer than 180 consecutive days. Planner Steve Prosser said the purpose is to ensure the safety of habitable structures including permanent residential structures, mobile homes and areas of temporary habitation. It does not include a permanent mobile home park. Chair Reynolds opened the Public Hearing for Agenda Item No. 2. Chair Reynolds closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Finch, seconded by Commissioner Rich, the Planning Commission adopted Resolution No. 4126 recommending approval of a Text Amendment (PLN2013-305) to modify the Flood Damage Prevention Ordinance to comply with current Federal regulations, by the following roll call vote: AYES: Finch, Kendall, Resnikoff, Reynolds, and Rich NOES: None ABSENT: Dodd and Roseberry ABSTAIN: None Chair Reynolds advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE. COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan added the following information to his written report: • Reminded that at the next Planning Commission meeting on December 10th, the election of 2014 Chair and Vice Chair will occur. • Advised that on December 4th a community workshop on the Dell Avenue Area Plan will be held at the Campbell Community Center at 6:30 p.m. This meeting will allow fact finding and public involvement to occur. Commissioner Rich asked how this meeting was communicated to the public. Director Paul Kermoyan said that an ad was placed in the Campbell Express, the notice was posted on the City's website and on NextDoor and mail was sent within 1000 feet of the outer boundaries of the Dell Avenue Plan area. ADJOURNMENT The Planning Commission meeting adjourned at 8:15 p.m. to the next Regular Planning Commission Meeting of December 10, 2013. Campbell Planning Commission Minutes for November 26, 2013 Page 8 SUBMITTED BY: C e 'n ecording Secretary APPROVED BY: ~--~ Phi ip C, Reyn d~, Jr., Chair ~~ > ~ (~ ~~ ATTEST: / ' ~ ~ ,, X-I/~'~ Paul Kermoyan, Secretary