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PC Min - 06/24/2014CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of June 24, 2014, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Resnikoff and the following proceedings were had, to wit: JUNE 24, 2014 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Paul Resnikoff Pam Finch Cynthia L. Dodd Yvonne Kendall Philip C. Reynolds, Jr. Michael L. Rich Donald C. Young Commissioners Absent Staff Present: APPROVAL OF MINUTES None Community Development Director: Planning Manager: Associate Planner: City Attorney: Recording Secretary: Paul Kermoyan Aki Honda Snelling Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Kendall, the Planning Commission minutes of the meeting of June 10, 2014, were approved. (5-0-0-2; Commissioners Finch and Young abstained) COMMUNICATIONS Table Item with several emails relating to Agenda Item 2. Campbell Planning Commission Minutes for June 24, 2014 Page 4 Chair Resnikofl~ read Agenda Item No. 1 into the record as follows: 1. PLN2014-56 (UP) Public Hearing to consider the application of Sutton Swim PLN2014-156 School for a Conditional Use Permit (PLN2014-56) with a (PMP) Parking Modification Permit (PLN2014-156) to establish a Sutton Swim large studio (swim school) within an existing shopping School center (San Tomas Plaza Shopping Center) at 96 N. San Tomas Aquino Road. 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: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Commissioner Reynolds said that in looking at Attachment 5 (floor plan) he doesn't see where the proposed deli would be situated. Planner Stephen Rose explained that the deli is a future use. It would be placed in the space currently identified as amulti-purposed training room on the site plan that is located at the front left of the tenant space. Commissioner Finch asked who regulates the chemical storage. Planner Stephen Rose said that County Fire does. Chair Resnikoff asked if the future food service would be intended just for clients of the Swim School. Planner Stephen Rose said that the deli service is not specifically limited to clients but is intended to simply be an ancillary use to the Swim School itself. Commissioner Kendall pointed out that the parking standard is one space per four students. She asked if consideration is given to having some students who are simply dropped off. Planner Stephen Rose said that a percentage is estimated. Commissioner 'Young said that it appears that traffic patterns indicate that two-thirds comes from Campbell and one third from San Tomas Aquino Road. He pointed out that there are currently no left turns possible off the site onto Campbell. Has that been considered? Planner Stephen Rose said that traffic review and conditions are deferred to the City's Traffic Engineer. He added that the center was designed with the central driveway located off San Tomas Aquino Road. This new use is not expected to change the traffic pattern of previous uses on site. Campbell Planning Commission Minutes for June 24, 2014 Page 5 Director Paul Kermoyan added that City staff conducts internal review through the Development Review Committee (DRC) that meets weekly with staff in attendance from Fire, Building, Planning, and Engineering. That includes the Traffic Engineer. This group is good at identifying future conflicts. If some are identified, conditions can and will be imposed. Commissioner Young said that chemical storage often requires a double containment system. He pointed out that if there should be a problem a spill could reach the storm drain. Planner Steve Rose said that for this amount of chemical storage, a secondary containment cantainer is used. They will also likely require bollards. Additionally, there will be a small lift up of the outside storage area to prevent accidently running into it. Chair Resnikoff opened the Public Hearing for Agenda Item No. 1. Earl Sutton, Applicant and Business Owner, Sutton Swim School: • Explained that his business started in his backyard for the first five years. They then moved to an old Apple building in Cupertino for the last 10 years. • Said that they are very community oriented and know everyone's' name. They will be an asset to this community as well. • Recounted that a lot of parents of his young students are from other countries and many cannot themselves swim. His goal is to make sure everyone is safer in and around water including those parents. • Added that they offer CPR training not only for their own staff but open up that training to the community as well. • Said that they are not an Olympic swim club. They have no teams or free swim. Their focus is on teaching kids to swim well and safely. Commissioner I(endall asked Mr. Sutton what percentage of his students are children. Earl Sutton said that most are children. This is a specialized learn-to-swim school to allow people to get comfortable in the water. His students tend to range from three- month old with a parent to junior high where the student starts to fade out and away from these lessons. Gary Gilmore, Owner of Shopping Center: • Explained that the owners had thought long and hard about this proposed swim school in their shopping center. • Said that Earl Sutton is a nationally recognized instructor who presently has 2,000 students and will have up to 3,000 in the future. This swim school wills double the traffic/clientele than that of the former D&J Hobby. • Added that traffic for the swim school will be spaced out. • Joked that when he was young swim lessons were free at the Y. • Congratulated the Commission on the City's vital Downtown. Campbell Planning Commission Minutes for June 24, 2014 Page 6 Cristin Reichmuth, Resident on First Street: • Reported that she went to Water Babies at three months of age. • Stated that small group lessons offers quality instruction. • Said that this is a worthy business that will help the community. Chair Resnikoff~ closed the Public Hearing for Agenda Item No. 1. Commissioner Rich said that as a parent of young kids who are learning to swim, he would have loved this option a couple of years ago. This will be an asset to the community and he is in support of this request. Commissioner Finch: • Agreed with Commissioner Rich. • Said this would be a wonderful service to the community. She took her kids over to the YMCA to learn to swim. • Pointed out that this center's parking lot has plenty of available spaces. She recounted that she has often used that parking lot as a place to read when she was looking for a quiet location. • Said she would love to see all of the parking used there. • Stated that this use would be an improvement to the community. Commissioner (Dodd: • Said that she appreciates Mr. Sutton's passion to teach kids to swim as a skill rather than 1:o compete. • Said that she likes the idea to see large empty spaces filled. This will bring more life back into this area of the center. Commissioner Kendall said she likes this use as well and would like to see a couple of parking spaces to be used for a drop off loading and unloading zone. Commissioner Reynolds: • Said that he agrees with Commissioner Kendall. • Said that designating adrop-off location is a good idea. • Agreed that this is a beautiful project that will be an asset, help promote safety for children as Nell as bring additional business to the city. • Added that he realizes the city is giving up some retail space with this use but it can also draw riew customers into the community and encourage parents to spend more time in Campbell. • Said it is important to keep an eye on the service versus retail ratio of uses. He is okay in this instance. Commissioner Dodd referenced page 6 that indicates that students will not be unaccompanied but rather must be accompanied by a parent. She added that this tenant space is further from the main entry drive and as thus she does not believe that a specified drop off zone is necessary. She cautioned that drop off zones are not always as safe as implied. Campbell Planning Commission Minutes for June 24, 2014 Page 7 Director Paul Kermoyan said that a typical yellow zone might be another way. He added that since parents are required to chaperone their kids on site, there could be limited duration parking (perhaps three or four spaces) with limited time to drop off and leave. Commissioner Reynolds said that he still prefers a drop off zone as this is a school serving children. Commissioner Dodd said that she can support the timed drop off spaces. Commissioner Kendall said that two of them would be enough for her. Commissioner Finch said two or three would be acceptable. Motion: Upon motion of Commissioner Finch, seconded by Commissioner Dodd, the Planning Commission adopted Resolution No. 4157 approving a Conditional Use Permit (PLN2014-56) with a Parking Modification Permit (PLN2014-156) to establish a large studio (swim school) within an existing shopping center (San Tomas Plaza Shopping Center) at 96 N. San Tomas Aquino Road, with the added condition to designate two limited-time parking spaces with 10-minute restrictions to be located at the front of the school entrance, by the following roll call vote: AYES: Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Resnikofl~ advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. ** Chair Resnikoff read Agenda Item No. 2 into the record as follows: 2. PLN2013-272 (M) Public Hearing to consider the application of Dave Powell, for a PLN2013-297 Modification (PLN2013-272) to a previously approved Conditional (pMp) Use Permit (PLN2012-81) and a Parking Modification Permit Powell, D. (PLN2013-297) to allow construction of an outdoor patio located behind an existing restaurant (EI Guapo's) and the removal of four existing parking spaces, on property located at 266 E. Campbell Avenue. Staff is recommending that this project be deemed Categorically exempt under CEQA. Planning Commission action final on the Modification unless appealed in writing to the City Clerk within 10 calendar days. Action on the Parking Modification Permit will be considered by Council at its meeting of August 5, 2014. Project Planner: Daniel Fama, Associate Planner Campbell Planning Commission Minutes for June 24, 2014 Page 8 Ms. Aki Honda Snelling, Planning Manager, presented the staff report. CommissionerDodd recommended that the current Use Permit operational hours back to 12 a.m. closing to the public and 1 a.m. for staff. Planning Manager Aki Honda Snelling said that the front patio currently must close at 11 p.m. as is consistent with the Downtown Campbell Alcohol Policy (DCAP). Commissioner Kendall asked why a 9 p.m. closure is proposed for the rear patio. Planning Manager Aki Honda Snelling said that the DT Alcohol Policy is intended for along Campbell Avenue. This patio is in the back where the applicant wants to establish a family atmosphere. Staff is recommending sunset hours for closure at the back patio when typically families will have gone for the day. Commissioner Kendall asked what would prevent use of the rear door onto the back alley. Planning Manager Aki Honda Snelling said that it would be locked from outside into the patio space. Commissioner Kendall: • Pointed out that part of the back patio extends over to the Cardiff side. • Questioned what if a door were suddenly to appear leading from the Cardiff onto this open patio behind EI Guapo's. Commissioner `>(oung: • Suggested revisiting the noise study done. • Said he is worried about noise issues as it is not clear who will patronize the patio space, if motorcycles will be drawn to the area and when and how patrons will exit at closing of the patio. Planning Manager Aki Honda Snelling: • Said that she spoke with the noise consultant. • Added that everyone will exit after hours from the patio into the restaurant and out to the front exit. • Clarified that the noise study was considering uses of the patio area. Motorcycle noise was not taken into consideration. Commissioner `y'oung asked if there is any recourse in the event there are citations as a result of this patio in the future. Is there any recourse? Planning Manager Aki Honda Snelling said the conditions reference three verifiable complaints that would bring this Use Permit back to the Planning Commission for modifications as necessary. Director Paul Kermoyan: Campbell Planning Commission Minutes for June 24, 2014 Page 9 • Added that the Community Development and Police Departments will be working together to ~do some outreach with all of the Downtown bar and restaurant owners to have a general discussion about issues currently being experienced in the Downtown and how they operate their businesses. • Said that after a group meeting with multiple business representatives, there will be one-on-one meetings with each business owner. Each business has its own nuance. These one-on-one discussions will be candid. • Stated that in the future every violation will be documented. Benchmarks will be set with expectations of compliance in order to protect the welfare of the nearby neighbors and community at large. Commissioner Kendall reported that Chamber of Commerce Director Dick Perry has attempted to ask Downtown restaurant and bar operators to cease serving alcohol for an hour when the Chamber's the two larger Downtown festivals are concluding. Chair Resnikofif asked staff if privately owned parking spaces are counted as well as public parking spaces. Director Paul Kermoyan: • Reported treat a parking survey was prepared in 1999 which lead to the 2000 parking study that counted the entire supply of parking. Private parking such as that then available at the Odd Fellows site, City Hall parking as well as street parking was counted at that time. • Stated that the City may want to consider a new parking study soon at which time a methodology could be scoped out. Char Resnikoff: • Clarified that staff's recommendation is to roll back the closing time to 9 p.m. in the back patio and to close the business entirely at 12 a.m. consistent with the DT Alcohol Policy. Therefore, in order to recommend approval of this proposed patio addition, staff also requires a reduction in existing allowed hours. This would be a package deal. Commissioner Kendall questioned whether the Commission could ask the applicant to validate Light Rail passes and/or offer other incentives for the use of public transportation. City Attorney ~Nilliam Seligmann said that is possible but he cautioned that State statute restricts the ability to impose such conditions. He advised that specific findings might be required but he would need to further research that. He offered to do that research and bring information back if this item is continued. Commissioner Dodd asked if there is a specific decibel standard established in regards to creation of noise impacts. If not, is that something the City Council is considering? Director Paul Kermoyan advised that Council has not discussed that. He advised that the City does have a noise standard but it is directed to ensure that new development Campbell Planning Commission Minutes for June 24, 2014 Page 10 does not cause impacts on existing surrounding residents. There is no specific decibel reading standard. Commissioner Dodd asked if there is a specific decibel reading that is determined to have an impact. City Attorney 'William Seligmann said that there is a standard in the Nuisance Ordinance that represents or equals a "reasonable person standard". He advised that Council has in the past considered the adoption of specific decibel limits/standards but decided it was too difficult to enforce and opted against doing that. Commissioner Finch provided the Site and Architectural Review Committee report as follows: • SARC reviewed this item at its meeting of May 27, 2014, and was generally supportive with the proposed patio design with changes that include enhancements to a plain wall, landscaping to be kept low-growing so as not to obstruct visibility of the patio and a photometric plan to ensure that there are no lighting impacts from this patio on the surrounding area. The patio furnishings are to be limited to standard height tables and no high-top tables. Chair Resnikoff opened the Public Hearing for Agenda Item No. 2. Dustin DeRollo, Applicant: • Said that he is here with partners Dave Powell and John Conway. • Clarified that Cardiff and EI Guapo's are not under the same ownership. They are separate businesses. • Added that EI Guapo's stops alcohol sales at midnight but serves food until 1 a.m. • Advised that he commissioned a noise study and also paid the costs for the City have that study peer-reviewed. • Assured that they want to be a good community partner. • Explained that they just got the staff report on Thursday and didn't have a chance to discuss it with the partners until Monday. They want time to review the conditions and make changes as necessary. Chair Resnikoff asked for clarification that although Cardiff's is under separate management from EI Guapo's, the owner of Cardiff's is also a minority owner/partner of EI Guapo's. David Powell, Applicant: • Explained that prior to 2004, Sam Ramirez (current owner of Cardiff's) also owned the restaurant then known as Chacho's and now known as EI Guapo's with a partner. That partnership dissolved in 2009 and Sam reached out to this partnership group. He remains a minority partner while they (Dustin, DeRollo, Dave Powell and John Conway) are the managing partners. Commissioner (Kendall asked Mr. Powell if they would be willing to offer incentives for the use of public transportation. Campbell Planning Commission Minutes for June 24, 2014 Page 11 David Powell replied "absolutely". Commissioner Finch asked for clarification about the receipt of the staff report. David Powell said that he received it from Daniel Fama on Thursday and on Saturday by regular mail. Hendrika Harris, Resident on First Street: • Stated that she is a seven-year resident and lives close to the Downtown. • Opined that the area is deteriorating with more restaurants and bars and increased noise. • Admitted that she is concerned about this application including the elimination of four parking spaces. That is a problem. • Reported that this past weekend music from the Downtown woke her up at 1 a.m. • Added that this patio might be good for this business but it will not be good for the lives of the nearby Downtown residents. Jackie Costanzo, Resident on Alice Avenue: • Asked the Commission to consider several things in their decision making on this request. o Noise. This rear patio will be facing residential neighborhood rather than the Downtown street (E. Campbell Avenue). o Parking. This patio will require the removal of four parking spaces. Parking already spills into their nearby residential neighborhoods. o Enforcement of Conditions. It is very difficult to enforce the conditions of Conditional Use Permits including the prohibition of dancing with Live Entertainment Permits. • Said that it is unlikely that the 9 p.m. patio closing would be honored. Right now there is a requirement that the back door be closed at all hours. They will likely request a change to that. • Reiterated that parking in the Downtown is a huge questions that needs to be addressed. Cristin Reichmuth, Resident on First Street: • Cautioned that retail is going away from the Downtown. Once retail is lost, it never comes back. • Admitted that she enjoys the food at EI Guapo's. • Pointed out that the cost to the City for a parking space is $35,000 each. Therefore the loss (shortfall) of parking as proposed here represents a cost of $525,000. • Recounted that she lives at Park Town Place. There is a gate that is supposed to be left shut but is often left open. It must be kept unlocked as it represents a second exit in emergency. However, that gate being left open is resulting in vandalism being done on their complex. • Compared the likelihood of the proposed gate serving this proposed patio being kept closed its not high. • Added that it is somewhat difficult for the Police to get to the back there. Campbell Planning Commission Minutes for June 24, 2014 Page 12 Elizabeth Gibbons, Resident on Cherry Lane: • Said that the staff report did a good job listing the issues and challenges involved in this request. • Said that orie issue is the current hours of operation versus the request for a new back patio. • Advised that she thinks the location in the rear is problematic. Noise travels. • Said that this back patio could be set up for private parties and bad precedence. • Cautioned that the applicant doesn't appear to own that part of the alley they are proposing to locate their patio. • Stated that the information provided is incomplete. • Said that due to exiting requirements the gate can't be locked but it can be alarmed. • Added that the restrooms to be added to serve the back patio should not be accessible to patrons once the patio closes at 9 p.m. If they remain open, the patio will be used as well. • Stated that parking is an issue worth paying attention to. • Said that the back alley is not a public right-of-way. • Stated that conditions of approval are intended to protect the community. Chair Resnikoff closed the Public Hearing for Agenda Item No. 2. Commissioner (Finch: • Reported that when SARC originally saw the proposal, the wall was solid all the way up. SARC requested glass for the top portion. • Stated that EI Guapo's can sometimes be rowdy for her. Having a back patio available where she can dine with her grandchildren would be great. • Said that she feels strongly that no music at all should be allowed in this back patio. • Said that she is a member of the Campbell Chamber of Commerce. As such, she has worked as a coordinator for the Boogie on the Bayou events. • Admitted that she has a hard time trusting their good intentions as they have twice done things not allowed, including setting up a back patio area during one of the festivals without proper approvals. • Admitted that she can see both sides. Commissioner Rich: • Stated his agreement on the issue of music on the back patio. He is not in favor of any music there. • Added that he is concerned if the bathrooms at the back patio are left available even when the patio is closed for the day will draw people to use the patio even after it is no longer supposed to be utilized. • Stated that once that patio is closed for the day, access should be closed off as well. • Admitted that were he the applicant in this matter, he too would want additional time to review and consider any conditions of approval to see if they are viable with his business plan. Therefore, the Commission should give them more time by granting a continuance. Campbell Planning Commission Minutes for June 24, 2014 Page 13 Commissioner Reynolds said that he agrees with a continuance. They are putting in an investment in this expansion and need that added time. He said he would withhold any further con'iments at this time. Commissioner Kendall: • Said that she agrees with a lot that has already been said. • Added that a continuance makes sense. • Reiterated that she likes the idea of incentivizing the use of public transportation in some way and/or the idea of asking employees to use the First Street parking garage. • Said that it would be important to alarm the door leading out of the back patio onto the alley. • Said that perhaps cameras with the feed available at the Police Department might be an option. • Agreed that no music should be allowed on this proposed patio if approved. Commissioner Dodd said that she wants to hear from the Police Department as to how visibility is of this proposed patio area. Captain Joe Cefalu, Campbell Police Department: • Said that visibility of this back area is terrible. It is dark, narrow and very tight but they can get two patrol cars back there. Commissioner Dodd asked if having a patio there with lighting might help make it better. Captain Joe Cefalu said that it may with flood lighting. The only place off-site that lighting could be seen would be from First Street. Commissioner Dodd asked if there is a history of problems back there. Captain Joe Cefalu said always. People fight or urinate back there. They are pre- loading (drinking before going into the bar) and/or smoking marijuana. Commissioner Dodd asked staff if flood lighting could be required. Director Paul Kermoyan said adequate lighting could be required. Commissioner Kendall mentioned the varying curb line and asked if it could be repaired or changed. Director Paul Kermoyan explained that there is a grade differential. If a car were to hit it that would cause serious damage. Commissioner Kendall suggested conditions for flood lighting, a camera feed that is visible from the Police Department and private security. Captain Joe Cefalu: Campbell Planning Commission Minutes for June 24, 2014 Page 14 • Cautioned that Campbell PD would need to have someone available to monitor a live feed at ;all times. That is not feasible. • Added that as to private security guards, they tend to be inadequate and not properly trained. They tend to let their "buddies" in and out. • Admitted that he has never seen private security work out that well. • Stated that he would defer to others on the issue of requiring flood lighting but he would love to see it there. Commissioner Rich said that if the security cameras recorded rather than offered just live action, the tape could be reviewed in the event that there was an incident. Captain Joe Cefalu agreed that is possible if security footage is recorded. He added that some businesses do have security cameras that record their surveillance and those businesses must retain that footage for a prescribed period of time. Commissioner Rich said that there are several challenges with alleys. He asked if those challenges would increase or decrease with this proposed use. Captain Joe Cefalu said that if they close down this proposed patio by 9 p.m. each day, he would support it fully. The problem (concern) is with late night activity. Keeping this back patio open any later would create a lot of problems including noise and other impacts on the surrounding neighborhoods. Commissioner Reynolds asked if this patio in the back might actually turn the existing conditions around and be helpful from a crime prevention perspective. Having eyes and life back there might actually deter crime. Captain Joe Cefalu said that was a wonderful question and he doesn't know the answer. Perhaps it could have some positive impact and/or deterrence but he is not 100 percent sure of that. Commissioner Finch asked staff about the timing for the distribution of the report to the applicants. Planning Manager Aki Honda Snelling explained that it was as is typically done. Packets are finalized on Thursdays and reports are sent out to the applicants and packets delivered to the members of the Planning Commission on the same day. Director Paul Kermoyan agreed that this is the normal way. Sometimes, depending on the size of a packet, it even goes out on Friday. He added that what is atypical is that the applicant shouldn't have been "surprised" by the draft conditions. The fact that this applicant found the proposed conditions to be a "big surprise" is concerning. Commissioner Finch: • Said that the Commission really must give the continuance the applicant is asking for. • Added that the issue of bathroom access once the patio is closed, since the newly added seats will not be available after 9 p.m. those new bathrooms being Campbell Planning Commission Minutes for June 24, 2014 Page 15 constructed to support them would not longer be necessary. The existing restrooms should continue to support the existing uses of this location once the patio has been closed for the day. Commissioner Young: • Cautioned that the use of forensic cameras can be expensive, especially the storage. • Said that he would like to hold judgment until the next hearing. • Added that a lot of compromise is being shown and staff is working hard with the applicant. Chair Resnikoff clarified with staff that getting this application to public hearing before the Planning Commission involves months' worth of discussions between staff and the applicant that would have indicated some of the proposed conditions. Director Paul K;ermoyan said those interactions do occur throughout the process. At any time, the applicant could have also checked in if there were questions or concerns. Chair Resnikoff asked what the reason behind the continuance request other than for the applicant to seek more than staff is currently recommending approval of. Director Paul Kermoyan said that the applicant could decide to withdraw if they want to do so. Chair Resnikoff replied that they could also decide to go forward. Director Paul Kermoyan said if the Commission decides to go forward this evening and render a decision but the applicant never executes their approval, then the current Conditional Use Permit would stay in place. Chair Resnikoff: • Stated that t;he application as submitted is problematic. • Said that hey is concerned with the history of violations and also concerned with the enforcement of the 9 p.m. back patio closure time. • Stated that cif the patio restrooms are left available to patrons after 9 p.m. then the patio would remain available. • Said that Campbell PD doesn't support later hours for this patio and he would go with their recommendation and support reducing the proposed hours for use of this patio. • Said that tree "nominal" loss of parking of four spaces is actually a loss of 15 spaces. • Added that if the intent is as the applicant says that they want afamily-friendly environment for this proposed back patio, then a 9 p.m. closure should be sufficient. • Suggested that should this use be approved than a condition should be included that brings this back to the Planning Commission upon three verified violations of its conditions within a year. Campbell Planning Commission Minutes for June 24, 2014 Page 16 • Stated that he would actually like for the Planning Commission to be notified of each and any violation. • Listed the preferences described by the Commission this evening for this proposed use. That the restrooms off the patio not be available after the 9 p.m. closure of the patio area; that there be no music on that back patio; that the applicant incentivize use of public transportation or garage parking. • Admitted that requiring cameras bothers him. That means problems are anticipated. • Stated that he doesn't want longer hours in the back patio. • Said that he is willing to vote tonight but he may be in the minority. Whatever the decision is, the applicant can appeal. Commissioner Rich said that he is not in a position to guess what the applicant will come back with. They are asking for a continuance and he is willing to respect that. Commissioner Finch agreed with Commissioner Rich that the Commission cannot assume what the applicant will come back with. Commissioner 'Young said that he hasn't yet eaten at EI Guapo's and will have to try it. They want to grow their business and seem willing to compromise with our staff. He will not make up his mind until he hears all sides. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Rich, the Planning Commission continued to date uncertain the consideration of a Modification (PLN2013-272) to a previously approved Conditional Use Permit (PLN2012-81) and a Parking Modification Permit (PLN2013-297) to allow construction of an outdoor patio located behind an existing restaurant (EI Guapo's) and the removal of four existing parking spaces, by the following roll call vote: AYES: Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: Resnikoff ABSENT: None ABSTAIN: None *** MISCELLANEOUS Chair Resnikoff read Agenda Item No. 3 into the record as follows: 3. Mayor's Meeting Update. Chair Resnikoff advised that the most recent Mayor's meeting was cancelled so he has nothing new to report. *** Campbell Planning Commission Minutes for June 24, 2014 Page 17 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had nothing to add to the written staff report. Commissioner Finch advised staff that SARC wants more Council guidance regarding the Socialight issue. Is there any way to get policy guidance from Council? SARC feels the Commission was hung out to dry there. Director Paul Kermoyan said that the City Manager and Council are having that discussion. There will probably be a study session in the future. Commissioner Rich said that even if not a "policy" perhaps a philosophy. Commissioner Dodd asked staff when the conversations with business owners about their Use Permits would take place. Director Paul K:ermoyan said that staff is actively working on that now and should be complete within the next couple of months. ADJOURNMENT The Planning Commission meeting adjourned at 9:58 p.m. to the next Regular Planning Commission Meeting of July 22, 2014 (the meeting of July 8, 2014 was cancelled). SUBMITTED B'Y: orinne Shinn, Recording Secretary APPROVED Bl(: / -~-~ ~2~~i Paul R ~ off, C air ' ,, ATTEST: Paul Kermoyan, Secretary