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PC Min - 06/23/2015CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of June 23, 2015, was called to order at 7:00 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Finch and the following proceedings were had, to wit: JUNE 23, 2015 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Pamela Finch Cynthia L. Dodd Ron Bonhagen Yvonne Kendall Philip C. Reynolds, Jr. MlChael L. RICK (arrived 7:23 p.m.) Donald C. Young Commissioners Absent: Staff Present: APPROVAL OF MINUTES None Community Development Director: Associate Planner: Associate Planner: City Attorney: Recording Secretary: Paul Kermoyan Daniel Fama Stephen Rose William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission minutes of the meeting of June 9, 2015, were approved as submitted. (5-0-1-1; Commissioner Rich was absent for this vote and Commissioner Dodd abstained) Campbell Planning Commission Minutes for June 23, 2015 Page 2 COMMUNICATIONS Director Paul I<ermoyan advised that desk items have been distributed relating to Agenda Items 2, 6 and the Study Session. AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS Sarah Roberts, Resident on McBain Avenue: • Raised concerns about Bascom Avenue related commercial parking and traffic that occurs along McBain Avenue and suggested the addition of a traffic barrier onto the street to prevent its use as a cut through. CONSENT There were no consent items. *** PUBLIC HEARINGS Chair Finch read Agenda Item No. 1 into the record as follows: 1. PLN2013-106 Public Hearing to consider the application of Reymondo & Norma Mendez for a Conditional Use Permit (PLN2013-106) to allow the establishment of a major motor vehicle repair and maintenance facility with vehicle painting (Mike's Auto Body) on property located at 925 S. McGlincy Lane in an M- 1 (Light Industrial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Chair Finch asked if there were questions of staff. There were none. Commissioner Dodd provided the Site and Architectural Review Committee report as follows. • SARC reviewed this project on May 12, 2015 and was supportive as presented. Chair Finch opened the Public Hearing for Agenda Item No. 1. Chair Finch closed the Public Hearing for Agenda Item 1. Campbell Planning Commission Minutes for June 23, 2015 Page 3 Commissioner Reynolds thanked staff for recommending to extend the hours requested in order to provide this business with some flexibility in the future. Commissioner Kendall expressed appreciation for the frontage fence made of stone and wrought iron. That will look much nicer; Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Kendall, the Planning Commission adopted Resolution No. 4214 approving a Conditional Use Permit (PLN2013-106) to allow the establishment of a major motor vehicle repair and maintenance facility with vehicle painting (Mike's Auto Body) on property located at 925 S. McGlincy Lane, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, and Young NOES: None ABSENT: Rich ABSTAIN: None Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Commissioner Rich arrived at the meeting at 7:23 p.m. as Item 2 was beginning. Chair Finch read Agenda Item No. 2 into the record as follows: 2. PLN2015-42 Public Hearing to consider the application of Tim Oldham for a Conditional Use Permit (PLN2015-42) to establish a major motor vehicle repair and maintenance facility (A Superior Collision Shop) to include body repairs, maintenance and vehicle painting and auto cleaning/detailing of vehicles under their service and care at property located at 864 S. McGlincy Lane, A & D, in an M-1 (Light Industrial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Chair Finch asked if there were questions for staff. Commissioner Kendall asked staff what the term "non-conforming" residential uses actually means and where those adjacencies are in relation to this site. Campbell Planning Commission Minutes for June 23, 2015 Page 4 Planner Stephen Rose said that there are non-conforming residential uses immediately across the street (Morris Lane). He explained that residential uses are now considered non-conforming because the intent is now for industrial uses and has been for about 50 years now. The intent is to phase out residential uses and transfer them into industrial uses. He pointed out that another former residence is now being used for a contractor's yard/facility. Commissioner Young asked why the proposed hours are different than those for the first item on this evening's agenda. Planner Stephen Rose said that the reason to recommend fewer hours at this location is the existence of non-conforming residences nearby. Commissioner Reynolds asked when the percolation ponds went in. Planner Stephen Rose said that is unknown. Commissioner Reynolds said that it seems to be at least 40 to 50 years. Planner Stephen Rose agreed that was probably a good ballpark. Chair Finch asked if the oversight of car washing is the same as the previous application. Planner Stephen Rose said that the same regulatory agencies apply to this site as applied to the previous application discussed this evening. Chair Finch asked for verification that the parking area will remain for parking use only with no development on it. Planner Stephen Rose said that if there ever are proposed added structures to this site they would need to go through the entitlement process. He added that since all vehicle work must occur inside the building there is no risk to the percolation pond as a result of this business. Commissioner Dodd provided the Site and Architectural Review Committee report as follows. • SARC reviewed this project on May 12t" and was supportive with recommendations: o That drought tolerant landscaping is used. The applicant has provided plans that include drought tolerant plants. o That on-site circulation to accommodate larger vehicles is developed. The applicant and staff worked together to come up with an appropriate plan. o That additional screening is added above the modular building. The applicant proposes rooftop screening subject to the approval of the Comrnunity Development Director. Campbell Planning Commission Minutes for June 23, 2015 Page 5 o Eliminate the gate at the entrance on McGlincy. The plans show the remaval of this gate. Chair Finch opened the Public Hearing for Agenda Item No. 2. Chair Finch closed the Public Hearing for Agenda Item No. 2. Commissioner Dodd said she is pleased to lose the driveway storage area that is unsightly. That will be a great improvement. Commissioner Kendall pointed out that since this is an industrial area it would make sense to allow extended hours for this business. She said that is a matter of fairness in comparison t:o the previous approval this evening. Commissioner Reynolds agreed and said he could support hours from 6 a.m. to 8 p.m. just as the previous business was granted. Employee hours would be 6 a.m. to 8 p.m. with customer hours between 6:30 a.m. and 7:30 p.m. Commissioner Dodd pointed out that since there are residences right there, these hours might upset people already there. The other shop doesn't have that adjacency to residential. Commissioner Reynolds asked what the hours are for the existing businesses already in place here. Planner Stephen Rose said hours between 6 a.m. and 8 p.m. are typical in an industrial area. Commissioner Reynolds said that he is okay with that since there are other heavy industrial uses going on there. Director Paul Kermoyan said that this is not a precedent issue. He cautioned that every property is different and the same conditions of approval are not always applicable. The other property discussed this evening does not have adjacencies that are residential. Planner Stephen Rose said that the hours recommended fully captured the applicant's original intent. Commissioner Reynolds asked why Saturday hours are being curtailed. Commissioner Kendall: • Said that the applicant requested 8 a.m. to 1 p.m. hours for Saturday. • Pointed out that on Saturdays it is likely more residents would be at home that could be impacted by noise. • Asked what the previous operational hours were on this site. • Reminded that this is a business that will be working indoors so noise should not be an issue. Campbell Planning Commission Minutes for June 23, 2015 Page 6 Commissioner Reynolds agreed. Commissioner Young said that he has visited the area in the early morning as he wanted to understand the potential impacts. Commissioner Rich asked how strongly Commissioner Kendall felt about the extra 30 minutes. Commissioner Kendall said not that strongly. It was just a suggestion. Commissioner Bonhagen said he was happy with the hours as staff has recommended. Commissioner Reynolds: • Said that he too is okay with the hours as staff has proposed. • Added that he is confident that there are enough regulations in place to protect the nearby residents. • Reminded that this business has been in Campbell for many years and he trusts them to operate the same way in their new location. • Stated he would support this request per staff recommendations. Chair Finch: • Stated her agreement. • Added that the existing nearby residential uses will one day become industrial uses but they are residential now. • Concluded that she has no problem with Saturday hours from 8 a.m. to 1 p.m. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Dodd, the Planning Commission adopted Resolution No. 4215 approving a Conditional Use Permit (PLN2015-42) to establish a major motor vehicle repair and maintenance facility (A Superior Collision Shop) to include body repairs, maintenance and vehicle painting and auto cleaning/detailing of vehicles under their service and care at property located at 864 S. McGlincy Lane, A & D, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. ~~* Chair Finch read Agenda Item No. 3 into the record as follows: Campbell Planning Commission Minutes for June 23, 2015 Page 7 3. PLN2014-342 Public Hearing to consider the application of Scott Zazueta for a Site and Architectural Review Permit (PLN2014-342) to allow the construction of a new one-story single-family residence on property located at 705 Kenneth Avenue in an R-1-10 (Single Family Residential) 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: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Commissioner Dodd presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project on June 9th and was supportive with the recommended use of drought tolerant landscaping. The property owner has agreed. Chair Finch opened the Public Hearing for Agenda Item No. 3. Chair Finch closed the Public Hearing for Agenda Item 3. Commissioner Kendall said that she likes this project. It is built to scale and fits within the style of the area. It will look good in this neighborhood. Chair Finch agreed and said she likes the fact they kept the home single-story. It will be attractive. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Bonhagen, the Planning Commission adopted Resolution No. 4216 approving a Site and Architectural Review Permit (PLN2014-342) to allow the construction of a new one- story single-family residence on property located at 705 Kenneth Avenue, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Finch read Agenda Item No. 4 into the record as follows: Campbell Planning Commission Minutes for June 23, 2015 Page 8 4. PLN2015-126 Public Hearing to consider the application of Raymond Babaoghli for a Site and Architectural Review Permit (PLN2015-126) to allow the construction of a new two-story single-family residence on property located at 1157 Steinway Avenue in an R-1-10 (Single Family Residential) 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: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Commissioner Dodd presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project on June 9t" and was supportive with the recommendations: o Lighting on both sides of the driveway, which the applicant has agreed to include. o Landscaping on the east side of the building. The applicant proposes open wrought iron fencing. o Soften the driveway through the use of pervious pavers. Chair Finch opened the Public Hearing for Agenda Item No. 4. Chair Finch closed the Public Hearing for Agenda Item 4. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission adopted Resolution No. 4217 approving a Site and Architectural Review Permit (PLN2015-126) to allow the construction of a new two-story single-family residence on property located at 1157 Steinway Avenue, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Finch read Agenda Item No. 5 into the record as follows: Campbell Planning Commission Minutes for June 23, 2015 Page 9 5. PLN2015-48 Public Hearing to consider the application of Robson Homes, PLN2015-49 LLC for Modifications (PLN2015-48/49) to a previously approved Planned Development Permit (PLN2013-337) and Tentative Vesting Subdivision Map (PLN2013-339) to allow phasing of an approved residential development on property located at 230, 280, 282, and 290 (portion) Dillon Avenue; 466,472,482, and 488 Sam Cava Lane; and 186 Gilman Avenue in the P-D (Planned Development) Zoning District. A Mitigated Negative Declaration was previously adopted for this project. Tentative City Council Meeting Date: July 21, 2015. Project Planner: Daniel Fama, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report. Chair Finch asked if there were questions of staff. Commissioner Rich clarified that though the applicant wants to add properties to this project, right now they are just asking to break their project into two phases of construction. Planner Daniel Fama said that is correct. Commissioner Reynolds asked about the placement of the BMR (below-market-rate) units. Did the Community Development Director pick where those units would be located within the development? Planner Daniel Fama said that the applicant has proposed this specific placement plan for the BMR units. He added that BMR units should be reasonably disbursed. For the record, Commissioners Rich, Bonhagen, Kendall, Reynolds and Rich all reported having had individual conversations with Mark Robson about this development. Chair Finch opened the Public Hearing for Agenda Item No. 5. Mike Enderby, Robson Homes, LLC: • Said that he appreciates being here. • Admitted that they are sorry to have not included phasing with their original project and will do so in the future. • Stated that they are looking to draw a line in the middle of the site and start construction on Phase 1. • Advised that they plan to expand the project site with three additional small properties on Dillon Avenue and plan to reconfigure part of the project. • Stressed that phasing is important to their project. • Advised that they will have a revised Planned Development and Tentative Map ready in the next four months. Campbell Planning Commission Minutes for June 23, 2015 Page 10 Commissioner Dodd asked Mr. Enderby which properties are being added to this project. Mike Enderby showed the proposed added parcels on the site plan. Commissioner Reynolds asked for clarification about the placements of the BMR units and asked if this is what Robson Homes is asking for in regards to how the units will be distributed within the development. Mike Enderby: • Replied yes. • Stated that they propose the placements of BMR units. It represents their best assessment of where they should go. • Reminded that BMR units should be well distributed in both types of units and their locations within the development itself. • Added that they have done a good job of distributing the units and have tried to keep a balance. • Assured that the BMR units would incorporate the same floor plans and finishes as the market rate units. Commissioner Bonhagen asked Mr. Enderby his role at Robson. Mike Enderby replied that he is their Planner. Commissioner Bonhagen asked for more information about the proposed movement of one unit and why it was proposed. Mike Enderby said that the relocation of one particular unit is intended to create better looking units in this area of the project. Sarah Roberts, Resident on McBain, asked if the ability to serve this development with water is taken into consideration. Director Paul Kermoyan: • Explained that plans for proposed developments are routed to all applicable serving agencies to determine if they can service these new projects. Those reviewing agencies include San Jose Water and Santa Clara Valley Water District. Chair Finch thanked Ms. Roberts for asking that question. Chair Finch closed the Public Hearing for Agenda Item 5. Commissioner Rich: • Said that mast of his questions were answered by Mr. Robson last Friday. • Added that he supports staff's recommendation for phasing. Commissioner Bonhagen: • Said that he is happy to see a project like this one in Campbell. Campbell Planning Commission Minutes for June 23, 2015 Page 11 • Added that he is okay with the proposed BMR unit placements Commissioner Reynolds: • Said that when this project first came forward, it was an awkward property to deal with as it was odd shaped. The applicant has since acquired other properties to make what today is a gorgeous project. • Pointed out that his developer is building on Hamilton and San Tomas Expressway, a project that is selling out. • Stated that he would be supportive of the proposed phasing. Commissioner Kendall: • Said that she sees a benefit of phasing. If Phase 1 works out but Phase 2 is delayed, at least we have a complete project with Phase 1. Chair Finch: • Agreed. • Pointed out that phasing is done in most of these sorts of development. • Concluded that she is totally in favor of phasing. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Bonhagen, the Planning Commission took the following actions: 1. Adopted Resolution No. 4218 recommending that the City Council approve Modification (PLN2015-48) to a previously approved Planned Development Permit (PLN2013-337); and 2. Adopted Resolution NO. 4219 recommending that the City Council approve a Modification (PLN23015-59) to a Tentative Vesting Subdivision Map (PLN2013-339) to allow phasing of an approved residential development on property located at 230, 280, 282, and 290 (portion) Dillon Avenue; 466,472,482, and 488 Sam Cava Lane; and 186 Gilman Avenue, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Finch advised that this item would be considered by the City Council at its meeting of July 21, 2015, for final action. *** Chair Finch read Agenda Item No. 6 into the record as follows: Campbell Planning Commission Minutes for June 23, 2015 Page 12 6. PLN2014-57 Public Hearing to consider the City-initiated revocation of a previously approved Conditional Use Permit (PLN2014-57) that allowed the establishment of a new restaurant at 368 E. Campbell Avenue in the C-3 (Central Business District) Zoning District due to the failure of the operator to comply with the imposed conditions of approval. 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: Aki Snelling, Planning Manager Mr. Paul Kermayan, Community Development Director, presented the staff report. Chair Finch asked if there were questions of staff. Commissioner Rich said that since staff has been working with Mr. Bonner on the problems with this use are there currently any open infractions? Director Paul Kermoyan said no but the bar seating issue remains. Commissioner Rich asked if the corrections occurred in a timely fashion. Director Paul Kermoyan replied it took a couple of weeks, which is pretty timely. Commissioner Reynolds asked staff to discuss ADA (Americans with Disabilities Act) requirements as it relates to sidewalk clearance. Director Paul Kermoyan: • Said that the requirement is for a clearance of 42-inches at pinch point areas. • Said that there is a lot of experience with outside dining seating in the Downtown. The seating outside of the former Sonoma Chicken Coop generated the most complaints due to seating that was blocking adequate sidewalk pedestrian space. Commissioner Bonhagen sought verification that Option 2 is the action that is recommended by staff out of the four options offered in the staff presentation. Director Paul Kermoyan replied yes. Commissioner Rich verified that the staff recommendation is to reduce the table size and number of seats per table to meet the required ADA clearance distance required on the sidewalk. Director Paul Kermoyan pointed out that the actual approval was for seven tables and 14 seats. That consists of 36 by 36 inch tables pushed against the building wall with two seats at each of those tables. Campbell Planning Commission Minutes for June 23, 2015 Page 13 Commissioner Bonhagen clarified that the tables actually put in place were bigger and had more chairs at each one. Director Paul Kermoyan replied yes. He said that they were round tables and bigger than the approved size. Commissioner Kendall asked about the desk items referencing window coverage. Director Paul Kermoyan said that is a separate but still unresolved issue that requires a director-level review and approval. City Attorney William Seligmann said that in order to address the window, there needs to be a connection between that and the violations under discussion. Commissioner Reynolds said that the Commission could make modification recommendations to Council such as changing seating from two to four per table. Chair Finch said that the outdoor seating was approved by the Director. She added that it seems that the Planning Commission also had discussions in the past about the size of outdoor dining tables. Director Paul Kermoyan said that the Commission discusses outdoor furnishings when they are placed on private property such as was done for Moe's and OPA! The seating for Socialight is located on the public right-of-way (sidewalk), which falls under the review of the Community Development Director. Chair Finch confirmed with staff that the applicant was informed what was approved with the outdoor seating permit. Director Paul Kermoyan replied yes. He added that it was a part of on-going discussions between the business owner and staff. The furnishings purchased by Mr. Bonner were quite different from those approved. Commissioner Bonhagen asked staff where the private property ends and public right- of-way begins. Director Paul Kermoyan said that he believes it is the building itself that is private and beyond that is public right-of-way. Commissioner Bonhagan suggested that the first foot or two off the building might actually be private property. Director Paul Kermoyan said he doesn't know and doesn't want to assume. Commissioner Rich advised that he spent some time on June 19th with Steve Bonner at The Socialight. Commissioner Reynolds said he too met with Mr. Bonner. Campbell Planning Commission Minutes for June 23, 2015 Page 14 Commissioner Young said he spontaneously visited the restaurant and ran into Mr. Bonner there. He said he went back another time on his own. Commissioner Dodd said she too visited the location. Commissioner Kendall said that she had a phone conversation with Mr. Bonner but didn't meet with him in person. Chair Finch said that Mr. Bonner contacted her but she was unable to arrange a time to meet on site.. Chair Finch opened the Public Hearing for Agenda Item No. 6. Mr. Steve Bonner, Business Owner, The Socialight: • Reported that 70 percent of his revenue is food. • Stated that The Socialight is a "magical" place. • Said that Campbell loves its outdoor seating and his location is a place for a mature crowd who enjoys a calmer environment. • Said that staff listed four of its violations in their presentation and there were even more issued. • Agreed that they have too many counter stools but explained that he bought extra since they do at some point break and need to be replaced. It was unintentional to put out too many at one time. • Described his outdoor furnishings as gorgeous teak table and chairs. They are the finest outdoor furniture pieces that he could find. It is hard to find high-quality teak furniture. • Admitted that he was unaware that the size of table would be called into question and assured that 36 x 36 inch tables are now purchased and on the way. • Reported that once he was aware that these furnishings were in violation of the approval, he had them put away. • Added that they cleaned up the debris that was raised as an issue. Commissioner Young asked Mr. Bonner if he had consulted with his architect when he was making changes to the approved plan that were in violation with the approval. Steve Bonner said that his architect said that the Code for clearance was 5 feet. Commissioner Young added that the standard is an operable 5-foot clearance that can be maintained even when people are seated at the outdoor tables with chairs pulled away from the tables for occupancy. Steve Bonner agreed. Commissioner Young asked Mr. Bonner if he was disputing the police reports. Steve Bonner said that the Police arrived at 10:12 p.m. The doors of the restaurant were locked. He added that he was present and explained to the officers just who the Campbell Planning Commission Minutes for June 23, 2015 Page 15 people were who was still on the premises. He added that he invited them inside but they declined. Commissioner Young asked Mr. Bonner if he was aware he was violating his Conditional Use Permit hours. Steve Bonner said that they are experiencing growing pains while they are trying to run this restaurant as tight as he can. They do the best they can every day. Commissioner Kendall asked Mr. Bonner if he understands the difference between Code requirements versus conditions of approval. She continued to explain that the standards set forth by the conditions of approval for a Conditional Use Permit becomes the governing requirements moving forward. Steve Bonner said he hopes to change the Conditional Use Permit to reflect the Code standards. Commissioner Rich asked Mr. Bonner if he understands that if he is allowed to increase the number of bar/counter seats he would then have to reduce table seating to reach the maximum number of 49 seats in the restaurant. Steve Bonner replied yes. Commissioner Dodd asked Director Paul Kermoyan if the Commission can allow that flexibility. Director Paul Kermoyan: • Said that the approved condition specific to the number of allowed bar seats allows for a total of 9. • Added that the use of these bar stools must retain a portion of the counter seating for accessible seating that can be utilized/reached by someone in a wheelchair and to leave sufficient passage space to allow a person in a wheelchair to get to the restroom. Commissioner Dodd said it seems the Mr. Bonner wants the ability to have more than 9 bar seats at times. Director Paul Kermoyan replied that he cannot do that. Steve Bonner said that he understands he will be limited in the total number of bar stools. Director Paul Kermoyan said that he did go over the allowed number and purchased more than the allowed 9. Steve Bonner reiterated that he bought extra so that when one eventually breaks it can be immediately replaced. Campbell Planning Commission Minutes for June 23, 2015 Page 16 Commissioner Rich said that he understands that 9 bar seats are the maximum allowed at the bar. It seems that Mr. Bonner is asking that he be allowed 12 bar stools as is allowed by Code. Steve Bonner: • Said that Commissioner Rich is 100 percent accurate. The beauty of that flexibility is that for days like Mother's Day he can have fewer bar stools and more family- style seating at tables than on days when a sports event is on and more bar seats are desirable. Director Paul Kermoyan: • Clarified that seating is not an issue under discussion at this time. • Pointed out that Mr. Bonner should have appealed his conditions on to Council if he didn't agree with them. • Added that he heard Mr. Bonner make claims of discrimination against his business. • Said that his response to that is simple, conditions were approved and he did not comply with them. • Reported that staff is currently working with the Campbell Brewing Company on their outdoor seating. Both Blue Line and Rendezvous have two courses of the concrete are for their outdoor seating. • Said that what is being proposed by Mr. Bonner is once again different from the last proposal he showed to Planners Daniel Fama and Stephen Rose. • Advised that Mr. Bonner has the option of submitting a new proposal for his outside seating to the Director for consideration. • Said that the issue raised by Mr. Bonner as to allowance of A-frame signs, those signs are prohibited but he has been overlooking those signs in the Downtown. • Agreed that the "No Smoking" signs have been properly posted. • Reported that despite Mr. Bonner's assertions, he did not call in a complaint to Campbell PD at 10:12 p.m. He said he had called in once when he realize the use was still in operation at 11 p.m. on another night. Captain Cefalu can address that issue. Captain Joe Cefalu: • Reported that Campbell PD visited The Socialight on two separate occasions. On May 9t", they received a call at 11:11 p.m. and got to the location at 11:30 p.m. There were two officers responding who found several people inside drinking. They contacted Mr. Bonner and he came outside and said that they were cleaning up and painting although everyone inside the building was dressed up and not to paint. • Advised that the second time CPD stopped by, Jim Stephenson drove by on routine DT patrol at 10:12 p.m. At that time he noted 8 to 10 people inside sitting at various tables. An older couple was eating a meal. Officer Stephenson did not stop or make contact just filed the report of what he observed. Commissioner Reynolds asked staff if the fact that there is no parking allowed on the street side of Socialight's Harrison Avenue frontage makes a difference in clearance Campbell Planning Commission Minutes for June 23, 2015 Page 17 distance needed along that sidewalk given there would be no car doors opening onto the sidewalk there. Director Paul Kermoyan: • Reported that additional problems have been experienced with the installation of outdoor heaters including the fact that Socialight had plumbing installed without permits in a manner not approved. Mr. Bonner jumped the gun before approval was granted for the work outside. That's why there are Building Codes. • Said that there have been complications as to the heater itself. The original heater chosen by Steve Bonner extended to the window frame. The have the habit of showing one thing but then doing something different. • Reported that the manufacturing specifications for one potential heater indicated either indoor or outdoor use. If that is a concern, Mr. Bonner can purchase something else that fits within the area without going into the window frame. • Advised that the Commission could consider the number of seats allowed at the bar and forward its recommendation on to Council. • Asked the City Attorney if the request to operate to midnight can be considered. City Attorney William Seligmann replied yes. Director Paul Kermoyan: • Reminded that at the time of original review of this Use Permit, the Planning Commission was concerned about hours and issues of over-concentration. • Pointed out that the original proposal was for a mixed retail-restaurant use. • Stated that the issue of the blackened window can also be reconsidered and an appropriate recommendation made. City Attorney William Seligmann said that the Commission cannot be more restrictive than the already-approved uses but can be less restrictive on the use. Director Paul Kermoyan reminded that the applicant would apply for consideration of changes to the outside seating and if he is unhappy with the Director-level decision, he can appeal that action to the Planning Commission. Jack Hanson, Ben Lomond, CA: • Said that he is The Socialight's Operating Manager. • Stated that he is known as "Mr. Squeaky Clean" and has more than 10 years of experience with the Chart House Restaurant Corporation and helped them open 15 restaurant locations. • Reported that they need more bar stools and later hours and hope that the Commission will consider allowing that to happen. Roy Takeuchi, San Jose, CA: • Said he has been a business owner in Campbell for 12 years and finds it to be a wonderful town for his business. • Stated that over the last five or six years Downtown Campbell has transformed itself. Campbell Planning Commission Minutes for June 23, 2015 Page 18 • Cautioned that little details count to a business owner and makes a difference. It takes a lot to invest in a business including sweat, guts and effort as well as a lot of money. Anew business needs to be incubated. • Assured that Mr. Bonner is serious and wants to make it work. Jeff Takeuchi, Los Gatos, CA: • Said that he is a Campbell business owner with his brother. • Stated that he is happy to find a place like Socialight. • Opined that he had thought that the number of bar stools was too few given the large size of the bar itself. • Said that he thought that the outdoor seating issue is odd and pointed out that you cannot sit outside with a family of four at a table for two. Steve Zamudio, San Jose, CA: • Said that he has been a Commercial Real Estate Agent for 20 years. • Stated that Campbell is a wonderful place. • Suggested that what it may lack is a mature market to serve people who don't want to go someplace like Katie Bloom's. Kim O'Rourke: • Advised that she lived in Campbell when it was boring and lives in Los Gatos now. • Reported that she goes to The Socialight with friends and finds that quiet conversation is possible. • Added that this is a beautiful restaurant for this part of DT Campbell. • Asked that Socialight not be shut down. Dave Perry: • Said that he recently left his position with the Campbell Chamber of Commerce. • Complimented Steve Bonner as a great guy. Jaime Jones, Santa Clara, CA: • Said that there are three aspects of Socialight -creativity, technology and atmosphere. • Said that she is a Master Planner with 63 projects. This is a beautiful restaurant. • Asked that Mr. Bonner be given leeway with the Code. Trish O'Neill, Campbell, CA: • Recounted that she worked as an undercover officer for 20 years and that she was diagnosed with cancer and to date has had seven surgeries. • Added that she decided to start a foundation for kids whose parent has cancer. It's called Kids Embracing Hope and she held the first fundraiser at Mr. Bonnet's restaurant. • Pointed out that she can't sit at the outdoor tables at Socialight with both of her kids since the tables only seat two persons. Jeff Lostrie, Santa Cruz, CA: • Said that he has known Steve Bonner for quite a while. Campbell Planning Commission Minutes for June 23, 2015 Page 19 • Said that going against the rules is not intentional on Steve's part. It's not his style. • Opined that Socialight is a great restaurant with great food. • Reported that he has been in construction for more than 25 years and finds Socialight to be a nice place to swing by late. • Stated that Socialight's current hours are too limited. • Asked that the Commission let the market dictate the hours and that Socialight be given every opportunity to succeed here. Chris Odom: • Reported that he is here as a patron to show support for Socialight. • Said that he grew up in Campbell and attended Rosemary School. He is a second generation builder. • Said that he and his wife are organic/healthy eaters and find this restaurant to be a great addition to the Downtown area. Nick Sernande, Architect: • Said that he is here as a friend for Steve Bonner to provide solutions. • Explained that he did the drawings after Steve disagreed with his previous architect. • Said he hopes to help solve issues and ensure compliance. • Admitted that he is always pushing the boundaries. Franco Benevento: • Said that he is one of the general managers/sommeliers at Socialight. • Said that he supports Campbell. • Pointed out that the average food cost for a restaurant is 20 to 30 percent while Socialight's average cost for food is 40 percent. • Added that they use very fresh organic and healthy food. • Pointed out that in Italy people often go out to eat after 10 p.m. • Said that even if they must close at 10 p.m., Socialight should be able to allow their patrons to finish their food and wine beyond the 10 p.m. hour. Susan Landry, Campbell Resident: • Said that she is an Environmental Architect. • Added that she wants to support Director Paul Kermoyan and the Planning Department. • Stated that handicapped access is an important issue to her. • Admitted that it seems that the owner has had a permitting and processing problem as he stumbles along establishing his new restaurant. • Agreed that 10 p.m. seems early to stop serving meals and questioned why that is different from other places in the downtown. • Stated that she didn't want to see the sidewalk clearances impinged upon. • Pointed out that Los Gatos is losing people to Campbell. • Asked if the maximum of 49 seats includes those seats that are outside. Campbell Planning Commission Minutes for June 23, 2015 Page 20 Director Paul Kermoyan said he had that conversation with the Building Official and was told that outdoor seats are treated separately from indoor seats when it comes to occupancy loads. Fred Tuerk: • Advised that he grew up in Campbell. • Pointed out that this is a restaurant that serves families. • Said that he would like to see their hours expanded beyond 10 p.m. • Assured that this is not a bar but is a great cafe for coffees. • Said that this restaurant has a large counter top rather than a bar top. • Said that he'd like more hours and more counter seats. Mike Fennemore, Santa Clara, CA: • Stated that he has known Steve Bonner for 16 years and is a patrol of Socialight. • Said that this restaurant is really classy. Steve runs a tight ship. • Agreed that he too wished it was open later. • Opined that Socialight is a great addition to Downtown Campbell. Chair Finch closed the Public Hearing for Agenda Item 6. Director Paul Kermoyan: • Pointed out that there has been mention of various plans for entertainment a1 Socialight. • Reminded that per the conditions of approval the live entertainment at this restaurant is limited to two musicians. Campbell PD issues the actual Live Entertainment Permit through Council. • Explained that staff went over the specific conditions of approval when the City did an outreach program with all DT businesses with food and alcohol service. • Reiterated that without proper approvals, there cannot be live entertainment at this location. Chair Finch reminded that the Commission will not be making any final decisions tonight but rather would be forwarding a recommendation on to Council. Commissioner Dodd: • Said that the City is not here to discuss the character of this business owner. That is not the Commission's concern. Rather, the Commission is reviewing adherence to the approved Conditional Use Permit, looking at violations that have occurred and/or to consider modifications. • Pointed out that although Mr. Bonner's architect has stated he likes to bend the rules, a Conditional Use Permit is black and white and very specific. There is no bending. The conditions are what they are. • Said that it seems The Socialight desires more outdoor dining seating. It's unfortunate it was not applied for that way. Pointed out that Mr. Bonner submitted the original plan. • Added that she might be more open to modifications to the conditions if she felt the conditions would be honored. Campbell Planning Commission Minutes for June 23, 2015 Page 21 • Stated that while she likes the idea for later operational hours, there has been no adherence to the hours as approved. She is not confident that what the Commission decides will be honored. • Reminded that a business plan is done before a restaurant opens and includes the desired hours and operational standards as part of the original application. • Said that as to the request for more seating at the bar, she is okay with up to 12 as allowed per Code but not one more than that. That would be the most at any time. • Said that the options for dealing with the recent violations that might include no outdoor seating being allowed for three months, she worries about that since these are the desired months to take advantage of outdoor dining. • Added that she is not comfortable with round top tables seating four outside. • Expressed support for a fine of some sort. • Said that she likes the idea of extending the violation period for one year and likes the hours being increased to 11 p.m. with a cut off on the service of alcohol. Director Paul Kermoyan said that the public would leave by 11 p.m. with workers on site until midnight. Alcohol service would conclude by the 11 p.m. public closure time. Commissioner Dodd said that while other restaurants may have more outdoor seats, the Commission is trying to correct past mistakes when approving new uses. City Attorney William Seligmann cautioned that this hearing was not noticed for outdoor seating revocation. While the Conditional Use Permit is open, the outdoor seating is a staff-level approval made by the Community Development Director. Commissioner Reynolds asked if that means there should be no discussion of the outdoor seating. City Attorney William Seligmann said that the Commission can give opinions but no action taken. The outdoor seating issue is a code violation based on the greater size of tables and number of chairs than approved with the outdoor seating permit. Commissioner Reynolds: • Disclosed that he met with • Said it appears that there are personality conflicts between staff and the applicants but the Commission must decide based on facts. • Stated that he can imagine how stressful it is to try to establish a new restaurant venture. It cannot be easy and has to be a tremendous challenge dealing with all aspects including the Health Department and Sanitation District. It seems there have been some hiccups on both sides including on staff's part on the placement of the restrooms. • Said that the General Plan calls for a vibrant and attractive downtown. What helps achieve that includes outdoor dining and being walkable. • Recommended allowing four-seat tables with the outdoor dining area. • Added that he would like to see outdoor heaters placed as applicable by Code. • Agreed that he too would like to see a bump up in hours and allow them to be open to midnight. Steve Bonner at The Socialight. Campbell Planning Commission Minutes for June 23, 2015 Page 22 • Reiterated that this business is not a bar. It's a nice high-end restaurant. • Pointed out that Mr. Bonner has complied with the clean-up of the outside storage. • Suggested that this be brought back in six months to review how well they have done as far as compliance during that time. • Added that he is confident that we will see drastic change in six months. • Agreed that as one speaker mentioned, this is a quieter part of the Downtown that attracts more mature crowds. Commissioner Kendall asked staff to confirm that the bathroom placement wasn't the Planning Department's error. Was it Building's? Director Paul Kermoyan said that there was an internal staffing error in approving a change to the placement of the restrooms. Staff cannot make a major change to what the Planning Commission has already approved. Commissioner Kendall: • Agreed with Commissioner Dodd. • Reminded that after the Planning Commission was unable to make a decision on this use originally, the City Council decided what hours would be allowed. At that time, Mr. Bonner could have decided not to move forward. Additionally, the Planning Commission talked about bar size and concerns about avoiding a bar atmosphere. Council opted to allow shortened hours and she supports Council's decision. • Stated that she thinks there should be a fine. • Reiterated that a Conditional Use Permit is used to set limits. The applicant has to comply with it or seek modifications through an appropriate process. • Said that she is okay with up to 12 seats at the bar, 10 of them at the bar and two left open as accessible spaces. • Said that she is willing to reconsider the window at this point due to the big expense of compliance with the approval, which was not the intention of the City. Commissioner Rich asked Commissioner Reynolds to clarify what the six-month review of this Conditional Use Permit would be based upon. Commissioner Reynolds replied compliance. He added that he thought asix-month review could be in-lieu of fines. He said he was not supportive of additional penalties. Commissioner Rich asked if that means Commissioner Reynolds does not support any of the four options provided by staff. Commissioner Reynolds replied correct. Commissioner Rich: • Pointed out that staff had presented four options for the Commission to consider in this matter. • Admitted that he is more in favor of Option 1 perhaps with a lesser fine amount. He is not in favor of removing outside seating even temporarily. Campbell Planning Commission Minutes for June 23, 2015 Page 23 • Listed Mr. Bonner's four requests: o Allowing four-top tables in the outdoor seating area. (Commissioner Rich said that there are concerns but it might be possible to fit some in on the Central side.) o Closing time is currently 10 p.m. and they are asking for later closing. (Corr~missioner Rich said that allowing operation to 11 p.m. offers a good balance.) o They'd like to increase the total number of bar seats to 12. (Commissioner Rich said he likes that option while retaining the total maximum seats in the restaurant at 49 and as long as it still meets Code.) o It would be an excessive expense to install the mural as approved, which would require an interior wall to be removed. (Commissioner Rich said that he has no issue leaving the blacked out window instead of requiring the mural.) Commissioner Young: • Said that Mr. Bonner has a vision and a beautiful restaurant. He wants the Commission to give him what he wants. • Said he does not support changes until the existing conditions are honored and the operator can be trusted to continue doing so moving forward. • Added that he does not want to revoke this use. It is a clean, friendly and good restaurant. • Cautioned that there are ways to do things appropriately. • Said that installing the 1600 watt outdoor heaters without permits is shocking to him. • Reminded that the applicant has been brought back to the Planning Commission to talk about his Conditional Use Permit. Staff wants to utilize Option 2. • Stated that anything less than a financial penalty would mean this use comes back time after time. • Agreed that the Commission does not judge based on character. • Pointed out that this owner has qualified professionals helping him and City offices are so close by in the event they have questions about regulations or process. • Said that it seems that this evening the Commission is missing the real point that is addressing the Use Permit. Changes should not be granted until the existing conditions are honored as approved. • Said that if he had to choose tonight he would choose Option 3. Commissioner Bonhagen: • Advised that he was not yet on the Commission when this use first came before it but he watched the meeting. • Said that the biggest concern raised at that time was that no one wanted another "bar". The Commission was trying to avoid that. • Stated that Socialight is functioning as a restaurant. There is no doubt of that, as evidenced by the supporters Mr. Bonner has with him here tonight. • Added that there have been some honest mistakes and some not so honest. • Agreed with Commissioner Dodd's points made. Campbell Planning Commission Minutes for June 23, 2015 Page 24 • Said he is okay with operational hours to 11 p.m. but not yet to midnight. The operator can come back again later to ask for another added hour to midnight. They are supposed to run for a while before extending hours. • Said that he was a big proponent of doing something with the mural but it is reflective of what is occurring on the street already. The mural may not be necessary. He is okay eliminating the requirement for the mural. • Added that he is okay with up to 12 bar seats with a maximum seat count of 49. • Said that he is okay with Option 1 including the fine. • Said that as to outdoor seating area, he might be able to support some four-top tables on both streets and two-tops on either side of the entrance but that should be worked aut with staff. Commissioner Dodd: • Said that she supports the proposed $2,500 fine and recommends that the probation period be extended to include three violations within asix-month period. • Admitted that she does not want to cut their hours but they haven't been complaint with their existing approval. She can support an 11 p.m. closure but if there is just one violation of that, it's done. It doesn't matter who is inside the restaurant. City Attorney William Seligmann suggested that if a violation has been substantiated, the Community Development Director can cut hours of operation as an interim measure until the matter can be brought to public hearing before the Planning Commission. Commissioner Dodd asked staff what their recommendation is at this point on the issue of the mural. Director Paul Kermoyan said that staff's recommendation was to go through proper channels and allow the blackened window to remain. Commissioner Kendall asked Captain Cefalu if the 11 p.m. closing time for The Socialight is a concern to the Police Department. Captain Joe Cefalu replied no. Commissioner Kendall: • Said that she agrees with Commissioner Dodd's recommendation. It is a good compromise. • Suggested leaving the closing time at 10 p.m. However, if the majority of the Commission supports increasing to 11 p.m. she can support that too. However, one compliance violation of hours should bring it back. Commissioner Dodd said she could also support leaving the closing time at 10 p.m. Commissioner Kendall said that having four-top seating outside can be a problem. She said that Option 1 seems the most appropriate. Commissioner Young: Campbell Planning Commission Minutes for June 23, 2015 Page 25 • Said that he can support Option 1. It imposes a $2,500 fine and tells him that "we're going to watch you." • Added that he didn't think Mr. Bonner's intent was to violate the conditions. He simply was acting first and seeing what happens. • Stressed the need for consistent compliance. Commissioner Bonhagen: • Stated that Options 2 and 3 have more "teeth". • Asked if the hours of operation are seven days a week. Director Paul Kermoyan: • Clarified that business hours are between 6 a.m. and 10 p.m. daily. • Recounted that there had been a lot of doubt at the initial Planning Commission hearing regarding this proposed use due to concerns about over concentration and loss of retaiN. Commissioner Bonhagen agreed that some seem to feel that there are too many restaurants in the Downtown. Commissioner Rich: • Said that he supports Option 3 over the others. • Said that hey is not sure about the rescinding of outdoor seating. • Added that reducing their hours is not a good idea. • Stated that the applicant should pay his fine and operate moving forward without violations of the imposed conditions and staff will continue to monitor. Commissioner Dodd said that she was not comfortable giving them three more violations before the next enforcement action is taken. They already have had more than three violations. Perhaps something different. Director Paul Kermoyan suggested Option 1 and extending the period from six months to one year. Commissioner Dodd said that she didn't want to start a new clock. Director Paul Kermoyan: • Said that the fine of $2,500 represents the cost to bring a request for a Modification of a Conditional Use Permit to public hearing. • Added that there has been Code Enforcement processing and two other administrative citations with a total of $600 in fines have been issued. The fines were deliberately kept low. The first was for $100 and the second was for $500. The third is what brought this back before the Commission. Commissioner Rich clarified that they are not limited to the options outlined in the report. Campbell Planning Commission Minutes for June 23, 2015 Page 26 Commissioner Rich said he supports Option 1. He doesn't want to hurt this business but also doesn"t want to see these types of problems occurring over and over again. Commissioner Kendall suggested adding to Option 1 that one new violation within three months will result in immediate reduction of hours and return before the Commission. Commissioner Young said that the Commission seems to be rewarding bad behavior by extending hours of operation to 11 p.m. Commissioner Reynolds suggested using the term "cost recovery fee" rather than "fine" for the amount being charged. Chair Finch: • Stated that she agrees with Commissioner Dodd that the Commission is not here to judge the character of Steve Bonner but there are questions about some of his actions. The Commission is not determining if he's a good guy and a supporter of cancer charities. A lot has been heard this evening. • Reminded that outdoor seating is not on the table. That falls under staff review. Neither is live entertainment. That falls under Police Department review via Council action. • Stated that the tables are a black and white issue but she understands that has been corrected now. • Said that the Commission is discussing the Conditional Use Permit. • Said that his owner can learn from mistakes. • Agreed that she cannot see rewarding these violations with the granting of additional hours of operation. • Stated that Steve Bonner is a successful business man and person. He is also a first time restaurateur. He is surrounded by great professionals. However, his architect seemed to indicate that if given an inch, they'll try to take a mile. • Reminded that there is a Downtown Plan with guidelines that must be followed. It is our duty to make sure that happens. • Said that the cost recovery fee of $2,500 is just a slap on the wrist. • Said that she wants to extend the probation period. • Stressed that while he has advisors who want to push the limits the conditions of approval do not allow that. • Admitted that when she read the list of violations she wanted to slap the hand harder. • Reminded that square tables were approved for the outside dining area and the owner should have gotten those, which he had originally proposed and had approved by staff. • Said that she has seen these tables opened up to seat four while driving by. • Said that problems won't happen again if this owner gets good advice, follows the conditions and operates by the rules. • Assured that she wants to see this business succeed. Commissioner Bonhagen: Campbell Planning Commission Minutes for June 23, 2015 Page 27 • Said that it seems there is agreement to take Option 1 without changing the hours and extending the timeframe for three violations from six months to one year. • Suggested a security bond of $10,000 in the event that any substantiated violation of conditions takes place within the 12 month period. City Attorney 'iNilliam Seligmann said rather than a security bond typically a cash (faithful performance) deposit is accepted. He pointed out that Director Paul Kermoyan does not appear to be thrilled with this idea. Commissioner Rich said he supports Option 1 as is. Commissioner Bonhagen agreed with Option 1. Motion: Upon motion of Commissioner Kendall, seconded by Commissioner Bonhagen, the Planning Commission adopted Resolution No. 4220 recommending that the City Council impose Option 1 that requires the business owner to reimburse the City $2,500 for enforcement costs, to leave the conditions of approval as they are and modifying Condition 4 to establish a new one-year threshold to return this use to the Planning Commission if there are verified violations to the conditions of approval for consideration of any future revocation of the Conditional Use Permit (PLN2014-57) that allowed the establishment of a new restaurant at 368 E. Campbell Avenue, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall and Rich NOES: Reynolds and Young ABSENT: None ABSTAIN: None Chair Finch advised that this item would be considered by the City Council at a date uncertain. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan added the following update(s) to his written report: • Stated that City Council is requesting a member of the Planning Commission to participate in a one-day meeting in July as part of a visioning process. One representative from each Board and Commission will participate. Commissioner Young volunteer to attend this session. Upon motion and second, Donald Young was unanimously selected to represent the Planning Commission at the visioning meeting to be held in July. (7-0) Campbell Planning Commission Minutes for June 23, 2015 Page 28 ADJOURNMENT The Planning Commission meeting adjourned at 11:52 p.m. immediately to a study session and subsequently to the next Regular Planning Commission Meeting of July 14, 2015. SUBMITTED BY: ( .~__,, rinne Shinn, Recording retary ~ ~~~jj~ . /~~lL~.~C ~r.JL APPROVED BY: '(/L.(~~ amela Fi~ch~' Chair ATTEST: Paul Ke'rmoyan, Secretary