PC Min - 09/22/2015CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M.
The Planning Commission meeting of September 22, 2015, was called to order at 7:30
p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting
Chair Dodd and the following proceedings were had, to wit:
SEPTEMBER 22, 2015
CITY HALL COUNCIL CHAMBERS
TUESDAY
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Commissioners Present:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Cynthia L. Dodd
Ron Bonhagen
Yvonne Kendall
Philip C. Reynolds, Jr.
Michael L. Rich
Donald C. Young
Commissioners Absent:
Staff Present:
APPROVAL OF MINUTES
Chair:
Community Development
Director:
Senior Planner:
Associate Planner:
Associate Planner:
City Attorney:
Recording Secretary:
Pamela Finch
Paul Kermoyan
Cindy McCormick
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 September 8, 2015, were approved as submitted. (5-0-
1-1; Chair Finch was absent and Commissioner Kendall
abstained)
Campbell Planning Commission Minutes for September 22, 2015 Page 2
COMMUNICATIONS
Director Paul Kermoyan advised that one memo has been distributed this evening by
Planner Stephen Rose correcting the proposed action for the Commission to take on
Item 2, which should be a recommendation to forward on to Council for approval rather
than a final decision by the Planning Commission.
AGENDA MODIFICATIONS OR POSTPONEMENTS
None
ORAL REQUESTS
Jo-Ann Fairbanks, Resident on Hacienda:
• Presented a request to the Director and Planning Commission to require the
inclusion of a site plan that includes the footprint of adjoining parcels. This allows
one to evaluate distances.
• Said that it would be most helpful to her as a member of the public to see such an
expanded view.
CONSENT
There were no consent items.
PUBLIC HEARINGS
***
Acting Chair Dodd read Agenda Item No. 1 into the record as follows:
1. PLN2014-343 Public Hearing to consider the application of Alex Keyser for
a Site and Architectural Review Permit (PLN2014-343) to
allow the construction of a new two-story single-family
dwelling using portions of the original structure on property
located at 1363 Capri Drive in the R-1-8 (Single Family
Residential) Zoning District. Staff is recommending that this
project be deemed Categorically Exempt under CEQA.
Planning Commission decision final unless appealed in
writing to the City Clerk within 10 calendar days. Project
Planner: Daniel Fama, Associate Planner
Mr. Daniel Fama, Associate Planner, presented the staff report.
Acting Chair Dodd asked if there were questions of staff. There were none.
Commissioner Kendall provided the Site and Architectural Review Committee report as
follows:
• SARC reviewed this item at its meeting of September 9, 2015, and was supportive.
• Added that their only recommendation was for an upgraded garage door.
Campbell Planning Commission Minutes for September 22, 2015 Page 3
• Reported that a condition of approval has been drafted so that the applicant is
required to provide specifications for the garage door to be installed to the Director
for final approval.
Acting Chair Dodd opened the Public Hearing for Agenda Item No. 1.
Alex Keyser, Applicant and Property Owner of 1363 Capri Drive, said that he was
available for any questions.
Acting Chair Dodd closed the Public Hearing for Agenda Item No. 1.
Commissioner Reynolds:
• Reported that he read all the materials and likes this proposal.
• Added that it has a beautiful design and is perfect for its neighborhood.
• Concluded that he has no concerns.
Commissioner Rich concurred.
Motion: Upon motion of Commissioner Reynolds, seconded by
Commissioner Bonhagen, the Planning Commission adopted
Resolution No. 4241 approving a Site and Architectural Review
Permit (PLN2014-343) to allow the construction of a new two-story
single-family dwelling using portions of the original structure on
property located at 1363 Capri Drive, subject to the conditions of
approval, by the following roll call vote:
AYES: Bonhagen, Dodd, Kendall, Reynolds, Rich and
Young
NOES: None
ABSENT: Finch
ABSTAIN: None
Acting Chair Dodd advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.
***
Acting Chair Dodd read Agenda Item No. 2 into the record as follows:
2. PLN2015-204 Public Hearing to consider the application of Jeffery &
Jessica Benesch fora Modification (PLN2015-204) to a
previously-approved Planned Development Permit (PD89-
24) to allow a 270 square foot second-story addition to an
existing two-story residence on property located at 1424
Maysun Court in a P-D (Planned Development) Zoning
District. Staff is recommending that this project be deemed
Categorically Exempt under CEQA. Planning Commission
decision final unless appealed in writing to the City Clerk
within 10 calendar days. Project Planner: Stephen Rose,
Associate Planner
Campbell Planning Commission Minutes for September 22, 2015 Page 4
Mr. Stephen Rose, Associate Planner, presented the staff report.
Acting Chair Dodd asked if there were questions of staff.
Commissioner Kendall asked how the roof is blended in when an older section is kept
and a new section constructed.
Planner Stephen Rose said that there could be a slight difference when matching but it
is not significant.
Commissioner Kendall provided the Site and Architectural Review Committee report as
follows:
• SARC reviewed this item at its meeting of September 8, 2015, and was supportive
as presented.
Acting Chair Dodd opened the Public Hearing for Agenda Item No. 2.
Acting Chair Dodd closed the Public Hearing for Agenda Item No. 2.
Commissioner Young:
• Stated that this is a well thought out design.
• Added that it is not intrusive.
• Concluded that he has no objection.
Commissioner Kendall said that she felt the same way.
Commissioner Rich extended his thanks to Mr. Benesch for his letter explaining the
need for this added space to better serve his family's needs.
Motion: Upon motion of Commissioner Young, seconded by
Commissioner Kendall, the Planning Commission adopted
Resolution No. 4242 recommending approval of a Modification
(PLN2015-204) to apreviously-approved Planned Development
Permit (PD89-24) to allow a 270 square foot second-story addition
to an existing two-story residence on property located at 1424
Maysun Court, subject to the conditions of approval, by the
following roll call vote:
AYES: Bonhagen, Dodd, Kendall, Reynolds, Rich and
Young
NOES: None
ABSENT: Finch
ABSTAIN: None
Acting Chair Dodd advised that this item would be considered by the City Council for
final action at its meeting of October 6, 2015.
***
Campbell Planning Commission Minutes for September 22, 2015 Page 5
Acting Chair Dodd read Agenda Item No. 3 into the record as follows:
3. PLN2015-130 Public Hearing to consider the application of Tom Johnson
(on behalf of AT&T) for a Conditional Use Permit to replace
a wireless installation (PLN2015-130) on an existing PG&E
lattice tower on property located at 1469 S. Bascom
Avenue in the PF/OS (Public Facilities/Open Space) Zoning
District. Staff is recommending that this project be deemed
Categorically Exempt under CEQA. Planning Commission
decision final unless appealed in writing to the City Clerk
within 10 calendar days. Project Planner: Cindy
McCormick, Senior Planner
Commissioner Reynolds advised that he must recuse from participating on this item
due to a professional conflict of interest. He left the dais and chambers.
Ms. Cindy McCormick, Senior Planner, presented the staff report.
Commissioner Kendall provided the Site and Architectural Review Committee report as
follows:
• SARC reviewed this item at its meeting of September 8, 2015, and recommended
that it be forwarded on as proposed.
Acting Chair Dodd asked if there were questions of staff. There were none.
Acting Chair Dodd opened the Public Hearing for Agenda Item No. 3.
Tom Johnson, Applicant for AT&T Mobility, said that he was available to respond to
any questions.
Acting Chair Dodd closed the Public Hearing for Agenda Item No. 3.
Motion: Upon motion of Commissioner Rich, seconded by Commissioner
Kendall, the Planning Commission adopted Resolution No. 4243
approving a Conditional Use Permit to replace a wireless
installation (PLN2015-130) on an existing PG&E lattice tower on
property located at 1469 S. Bascom Avenue, subject to the
conditions of approval, by the following roll call vote:
AYES: Bonhagen, Dodd, Kendall, Reynolds, Rich and
Young
NOES: None
ABSENT: Finch
ABSTAIN: Reynolds
Acting Chair Dodd advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.
Campbell Planning Commission Minutes for September 22, 2015 Page 6
Commissioner Reynolds returned to the chambers and dais following the conclusion of
Public Hearing Item #3.
***
Acting Chair Dodd read Agenda Item No. 4 into the record as follows:
4. PLN2015-202 Public Hearing to consider the application for Larry Schaadt
PLN2015-207 for a Modification (PLN2015-202) to apreviously-approved
Conditional Use Permit (PLN2014-207) and a Historic
Exception (PLN2015-203) to allow a reduction in size and
capacity of an approved restaurant, expansion of an existing
mezzanine into a full second floor (exceeding the allowable
FAR), and establishment of professional office space on the
second floor (a change of use in an historic resource
inventory property), on property located at 400 E. Campbell
Avenue in the C-3 (Central Business District) Zoning
District. Staff is recommending that this project be deemed
Categorically Exempt under CEQA. Planning Commission
decision final unless appealed in writing to the City Clerk
within 10 calendar days. Project Planner: Daniel Fama,
Associate Planner
Mr. Daniel Fama, Associate Planner, presented the staff report.
Acting Chair Dodd asked if there were questions of staff.
Commissioner Rich:
• Pointed out that this owner has had a problem filling this whole building for a
restaurant.
• Inquired whether Mr. Schaadt anticipates any difficulty in finding tenants for this
proposed second floor office space.
• Asked if there are limitations on the number of people who can occupy office space
based on square footage.
Director Paul Kermoyan said perhaps by building occupancy standards but not per
zoning.
Commissioner Reynolds pointed out that with a reduction in restaurant seating
capacity, it can be anticipated that the potential for calls for police services also is
reduced.
Planner Daniel Fama said that the reduction results in approximately half of the
originally-approved capacity.
Commissioner Kendall advised that she met with Mr. Schaadt on site last week.
Campbell Planning Commission Minutes for September 22, 2015 Page 7
Commissioner Rich asked if there would be any limitation in hours of occupancy for the
office space.
Planner Daniel Fama explained that allowable business hours run from 6 a.m. to 11
p.m. Any hours beyond would require additional approvals for "Late Night" operational
hours.
Commissioner Reynolds advised that he too spoke with the applicant.
Commissioner Young said he did as well and toured the space.
Acting Chair Dodd opened the Public Hearing for Agenda Item No. 4.
Larry Schaadt, Applicant and Owner, 400 E. Campbell Avenue:
• Said that Planner Daniel Fama summed up his request very well.
• Reported that he has found it difficult to find a tenant to take on this whole building.
• Added that there has been a lot of interest that led to two offers for lease but they
fell through.
• Advised that it will take about $2 million to build out the whole building and most
restaurant operators won't spend that for a building this size.
• Said that the next item on this evening's agenda is also his.
• Said that this proposed redesign of the uses of this building would result in a much
smaller restaurant occupying the downstairs, which is half of the original size
approved.
• Added that an entry to serve the second floor would need to be created and
therefore results in the need to build up the mezzanine into a full second floor to
accommodate said entry to make the second floor usable for another use (office).
• Pointed out that "everyone" wants to see a lowered footprint of restaurants in the
Downtown and this restaurant is now being reduced by 50 percent.
• Said that he is willing to work on the replacement of the doors per the
recommendation of the Historic Preservation Board.
• Added that his main concern about that requirement is that he wants to make the
doors slightly wider than originally to allow access.
Commissioner Bonhagen clarified with Mr.
in place there (entry doors) and replace
closely in a historical perspective.
Schaadt that he is willing to remove what's
them with something that matches more
Larry Schaadt:
• Replied yes.
• Added that he's also willing to take out the existing side panels and replace that
space with marble.
• Said that he believes that wood doors can be painted to match the original historic
metal doors.
• Pointed out that the only sight into this building is via these two doors.
Campbell Planning Commission Minutes for September 22, 2015 Page 8
Commissioner Rich asked for clarification as to whether the increase in door width
from what was there historically would be 6 inches in total or 12 inches.
Larry Schaadt said that it would be a total of 12 inches or 6 inches per door. It will
retain the same look and meet ingress/egress requirements.
Commissioner Kendall asked Mr. Schaadt if he has spoken with the Historic
Preservation Board about these doors.
Larry Schaadt said that he had the last time they met. He added that he also
discussed the doors further with HPB member, Laura Moore.
Acting Chair Dodd closed the Public Hearing for Agenda Item No. 4. She clarified with
staff that the HPB would be discussing the doors at a later time.
Planner Daniel Fama replied correct.
Commissioner Reynolds:
• Pointed out that use of this historic building has been years in the waiting. This
applicant has been patient and is eager to get it going.
• Added that this is a difficult site with many challenges over the years.
• Said that this is a good plan for our City.
• Agreed that many in the community feel there are too many restaurants/seats in the
Downtown. This proposal offers a good reduction in an already approved use. It is
good all around.
• Stated that he would like to see this proposal move forward and he will be
supportive.
Commissioner Rich:
• Stated his agreement with Commissioner Reynolds.
• Said that this is a good compromise and this applicant has been waiting for a long
time to get something into this space.
• Concluded that he too would be in favor of this request.
Commissioner Young:
• Said that he likes this creative approach.
• Added that he liked addition of replicas to the original doors to this frontage as a
nod to the historic heritage of the building.
• Opined that the Police Department might appreciate seeing fewer seats with
perhaps a commensurate reduction in calls for service as a result.
• Stated that this reduction would also provide some parking relief.
• Questioned whether they might not be some creative way to add daylighting to this
space without impinging on the planned for second floor.
Commissioner Kendall:
• Said that she likes this project too.
• Stated that she'd like to see this building open for business.
Campbell Planning Commission Minutes for September 22, 2015 Page 9
• Suggested the owner consider a Mill's Act Contract.
Commissioner Bonhagen:
• Stated his agreement with the other Commissioners especially the requirement to
put in doors more in keeping with what had been there historically. It will be a huge
improvement to go back to them and stressed the importance of preserving the
existing barrel ceiling.
• Admitted that this is his favorite building in Campbell as seen from the outside since
he has never been inside.
• Said that he appreciates Mr. Schaadt's efforts to restore this historic building.
Commissioner Reynolds:
• Thanked the HPB for their work and time and effort.
• Thanked staff and the applicant, who has put a lot of care into this prized building in
our Downtown.
Commissioner Young referenced the required findings outlined on page 4 of 6.
Acting Chair Dodd:
• Read the required findings aloud and discussed how these findings can be made in
the affirmative.
• Said that she was born and raised in this area and has many memories of the
Gaslighter Theater herself growing up as well as having taken her children there as
well.
• Said that she is glad to see this building being put back into use.
Motion: Upon motion of Commissioner Reynolds, seconded by
Commissioner Bonhagen, the Planning Commission took the
following actions:
• Adopted Resolution No. 4244 approving a Modification
(PLN2015-202) to a previously-approved Conditional Use
Permit (PLN2014-207) to allow a reduction in size and
capacity of an approved restaurant and establishment of
professional office space on the second floor (a change of
use in an historic resource inventory property), subject to the
Conditions of Approval, modifying Condition 5 to allow either
metal or wood replacement front doors to the discretion and
approval of the Historic Preservation Board, on property
located at 400 E. Campbell Avenue; and
• Adopted Resolution No. 4245 approving an Historic
Exception (PLN2015-203) to allow an expansion of an existing
mezzanine into a full second floor, exceeding the allowable
floor area ratio (FAR), subject to the Conditions of Approval,
on property located at 400 E. Campbell Avenue,
by the following roll call vote:
AYES: Bonhagen, Dodd, Kendall, Reynolds, Rich and
Young
Campbell Planning Commission Minutes for September 22, 2015 Page 10
NOES: None
ABSENT: Finch
ABSTAIN: None
Acting Chair Dodd advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.
***
Acting Chair Dodd read Agenda Item No. 5 into the record as follows:
5. PLN2015-247 Public Hearing to consider the application of Larry Schaadt
for a Modification (PLN2015-247) to apreviously-approved
Conditional Use Permit (PLN2014-35) to convert an existing
restaurant/wine bar with beer and wine service to a
restaurant with general alcohol service, and a change to the
approved "late night" operational hours to extend the public
closing time from 11:00 PM to 11:30 PM on property located
at 394 E. Campbell Avenue in the C-3 (Central Business
District) Zoning District. Staff is recommending that this
project be deemed Categorically Exempt under CEQA.
Planning Commission decision final unless appealed in
writing to the City Clerk within 10 calendar days. Project
Planner: Daniel Fama, Associate Planner
Acting Chair Dodd asked if there were questions of staff.
Commissioner Rich:
• Clarified that the currently approved alcohol service is for beer and wine served up
to 11 p.m. The applicant is seeking an extension of hours to 11:30 p.m.
• Asked if food would need to be available up to 11:30 p.m. as well.
Planner Daniel Fama replied yes.
Commissioner Reynolds asked staff if there has been any history of calls for police
response to this location.
Planner Daniel Fama advised that he had not asked. He added that PD was
supportive of this change in alcohol service with the exception of expanding the hours
of operation. They gave no indication of existing problems with this location and use.
Commissioner Bonhagen asked what operation differences there are between a wine
bar and a standard restaurant.
Planner Daniel Fama:
• Said that what it is now is a hybrid wine bar with restaurant. Food is required to be
available but not necessarily ordered/consumed.
• As a restaurant patrons are required to have food with their alcohol.
Campbell Planning Commission Minutes for September 22, 2015 Page 11
Acting Chair Dodd said that if allowed to stay open to 11:30 p.m. to the public, their
operational hours go to midnight. She cautioned that 30 minutes is not much time to
close down a restaurant. It may be tight.
Planner Daniel Fama said that they will start winding down earlier. Staff starts doing
their clean-up work sooner than 11:30 p.m. as their last lingering patrons depart.
Acting Chair Dodd opened the Public Hearing for Agenda Item No. 5.
Larry Schaadt, Applicant and Business Owner:
• Distributed a chart of businesses in the Downtown with the differing hours and
alcohol service.
• Explained his reason for converting this use into a restaurant as well as why he
seeks an extra 30 minutes of operation.
• Stated that he has been negotiating with a very well know restaurant partner.
• Reminded that every other restaurant in the Downtown has outdoor seating while
his has six little chairs out front more to make it look more inviting.
• Reported that for up to six or seven months of the year, dining patrons tend to
come in later to dine while daylight lasts longer into the evening. He added that he
wants the requested additional 30 minutes of operation so that patrons who may
arrive and order at about 9:30 to 10:15 p.m. don't have to be "kicked out" of the
restaurant because it's suddenly 11 p.m. even if they have not yet finished dining.
• Added that outside of that need to allow the last seating to complete their meals, he
is otherwise fine with an 11 p.m. close to the public. He just does not want to have
to kick patrons out right at 11 p.m.
Commissioner Reynolds referenced the staggered closing times and asked Mr.
Schaadt if he has seen the same thing in other cities.
Larry Schaadt:
• Said that Campbell is unique for a smaller Downtown but other cities tend to allow
12 a.m. closures.
• Added that well-known chefs may not build a restaurant without full alcohol service
being allowed. Without it they could not compete.
• Stated that he is aware that there is a late-night problem but it is hard to compete
without reasonable accommodation.
• Pointed out that he is cutting down on number of seats in both of his Downtown
Campbell restaurants.
• Said that there is no impact except good impacts.
Commissioner Young asked Mr. Schaadt if he has had to call police to his location.
Larry Schaadt replied no. He added that the Bank Building is an enormous money pit
but he is committed to getting that building done.
Campbell Planning Commission Minutes for September 22, 2015 Page 12
Commissioner Young asked Mr. Schaadt if he has considered any creative ways to
close at 11 p.m.
Larry Schaadt said that by 12 a.m. it is easier to tell people that it is time to go. It's
harder to do so between 10 and 11 p.m.
Ed Sengstack, Resident on First Street:
• Admitted that he is a "big Larry Schaadt fan".
• Recounted how Mr. Schaadt approached the neighborhood about establishing a
potential wine bar at the former Gaslighter Theater. Larry realized the sensitive
community issues and genuinely cares. He respects process and follows the rules.
He is truly vested in the community. There's nothing to distrust about him. He's
proven himself.
• Added that all Larry is asking for is another 30 minutes to allow late arriving diners
to finish their dinner.
• Reminded that 11:30 p.m. equals staggered closing times which may be good for
the City.
• Requested approval of an 11:30 p.m. closure for this location.
Acting Chair Dodd closed the Public Hearing for Agenda Item No. 5.
Commissioner Rich:
• Said that there are a lot of elements that he really likes.
• Added that he likes the atmosphere at Rendezvous and having it become a full
restaurant will be good.
• Stated that he has no problem with a switch to a full/general alcohol license.
• Said these changes can be advantageous to both the business and to the
community.
• Said that he has little concern for added hours but would like to hear from the other
Commissioners.
Commissioner Young:
• Pointed out that Campbell PD is aligned with staff for 11 p.m. closure. He wants to
support that.
• Agreed that there is a very responsible owner here in Mr. Schaadt who brings class
to the Downtown. However, if extended hours are granted for one, others will ask
as well. The question becomes balance.
• Reminded that the previous application (also Mr. Schaadt's business) just got
approved for reduced seating. Now this restaurant will be adding seating.
• Said that he'd like to consider what is possible within the rules.
• Suggested perhaps a special menu for service at 10 p.m. and thereafter.
• Added that he is okay with full alcohol service but just to 11 p.m. not up, to 11:30
p.m.
Commissioner Kendall:
• Said that she is not as concerned about extending public dining hours to 11:30 p.m.
Campbell Planning Commission Minutes for September 22, 2015 Page 13
• Added she is less concerned because the seating is lowered and is restaurant
seating not bar height seating.
• Said that this site is not perpetuating a bar feel. It's a restaurant.
• Suggested that staggered closing times are probably a good idea for the
Downtown.
• Admitted that she'd love "to get her hands on" those businesses that still have
hours to 2 a.m.
• Reminded that a large bar and numerous seats were removed from the use next
door.
• Concluded that she has no concerns about this request.
Commissioner Reynolds:
• Said that the findings to consider are whether a use might create a nuisance and
he does not see that happening here.
• Reminded that Mr. Schaadt brought forth this evening a request to modify an
already approved use to cut the maximum seating in half. It is possible that
reduction in seats will correspond to a lessened demand in calls for police services.
• Said that this does not add to concentration levels. Findings can be made.
• Said that this applicant is asking for an extra 30 minutes per day. He is offering a
nice and safe place to go in Downtown.
• Reported that Downtown Campbell is seen as offering the perception of female
safety as well as for having good dining establishments.
• Said that businesses often ask for hours to 10 p.m. or 11 p.m. to start and come
back later to ask for more hours. It is possible to allow up to midnight hours, which
he would highly recommend in this case due to the caliber of this establishment.
• Added that there are catch-all conditions in place in the event that this location is
sold and another operator does not comply with the approved conditions.
• Reminded that these requests are always reviewed on a case-by-case basis. If a
use is proven, they can be granted an extension in hours.
• Admitted that he likes to do more to help good businesses in our City. Rewarding
these good businesses makes sense.
Acting Chair Dodd:
• Cautioned that the approval goes with the location not the operator.
• Added that she can agree that Mr. Schaadt is a wonderful person with the best of
intentions.
Commissioner Bonhagen:
• Agreed that great points have been made all around.
• Admitted that he generally likes a midnight closing and is okay allowing such for a
restaurant with a good track record to open to midnight.
• Stated that. Campbell Police and staff are recommending 11 p.m. for a good
reason.
• Added that Rendezvous is a fabulously run wine bar and restaurant but he agrees
that one can't know just who will be operating the business in this location in the
future.
Campbell Planning Commission Minutes for September 22, 2015 Page 14
• Asked if this use would come back to the Commission if a new owner assumes this
location.
Director Paul Kermoyan reminded that the Conditional Use Permit runs with the land
while a Live Entertainment Permit is issued to a specific operator. He reminded that
upon three verified complaints, a use can be brought back to the Commission. There
is a status of continuing jurisdiction with the provisions of a CUP.
Commissioner Bonhagen said that he likes the later hours without extending alcohol
service.
Commissioner Young:
• Pointed out that this operator is coming to us pro-actively.
• Said that he considers what an 11:30 p.m. closing time would look like and whether
it would create a hardship being limited to 11 p.m.
• Stated that he agrees with Commissioner Bonhagen and will go with the staff
recommendation.
Commissioner Reynolds:
• Said that any concerns about a Use Permit running with a location rather than an
operator can also take comfort in the fact that Condition 6 offers protection. We
have the ability to reward good businesses and punish bad businesses.
Acting Chair Dodd:
• Stated her agreement that there are systems in place but it can be difficult to
monitor.
• Pointed out that Police do not always go inside.
• Added that in order to "reward" a use the best way is to patronize the restaurant.
• Said that the role of this Commission is not to reward an establishment but rather to
look for uses that are the best fit four our City.
• Stated that following the City's plan is what is best for our City and the future.
Commissioner Rich:
• Said that he supports Option 1 with full alcohol service and an 11 p.m. closure.
• Said that the difference in margins between beer and wine service and full alcohol
service will contribute to the success of this location as well a transition from a
limited menu to an expanded menu.
• Reminded that Campbell PD supports this use to 11 p.m. as do staff.
• Said that he would support the recommendation by PD and staff to 11 p.m. It is a
compromise allowing them to go to full service alcohol and extending into a full
service restaurant.
Commissioner Kendall:
• Stated that it is not for the Commission to reward or punish anyone.
• Agreed that this is a proven good business.
• Said that she was in favor of Option 4 that stops alcohol service at 11 p.m. while
allowing them to close to the public by 11:30 p.m.
Campbell Planning Commission Minutes for September 22, 2015 Page 15
• Stated that this is a restaurant and not a bar and an additional half hour is not
difficult to support.
• Said that the style of this restaurant is changing and it will offer a different vibe from
a wine bar.
• Added that she loves that there will be coffee available at all times.
Commissioner Bonhagen asked Director Paul Kermoyan what staff's reasoning is for
its support of Option 1.
Director Paul Kermoyan:
• Explained that all reviewing departments come together in recommending
conditions.
• Added that an 11 p.m. closing is consistent with what Campbell PD likes to see.
• Said that 10 p.m. was originally approved for Socialight as at the time of approve it
was uncertain if the use was more of a bar or a restaurant. At the time the
conversation included concerns about the potential for over-concentration.
• Reminded that Rendezvous was approved as a wine bar.
• Reported that there is no increase in concentration given the changes proposed for
400 and 394 E. Campbell Avenue, which are consistent with previous
recommendations.
Commissioner Bonhagen said he was still on the fence choosing between a closing
time of 11 p.m. versus 11:30 p.m.
Commissioner Young:
• Suggested that staggered closing times might actually help by staggering the times
at which people are departing from the Downtown.
• Said that allowing an 11:30 p.m. close to the public may be okay with him and if
problems result, it can be brought back to the Commission for review.
Acting Chair Dodd:
• Pointed out that PD recommends a time and they see the bigger picture.
• Suggested erring on the side of caution and closing at 11 p.m.
• Reminded that we are still not clear what the impacts of 400 E. Campbell Avenue
will be since they are not yet open for business.
• Stated her support for full alcohol service with a closing to the public by 11 p.m.
Commissioner Bonhagen said that it appears three members support 11:30 p.m.; two
members support 11 p.m. and one is on the fence. He asked staff what if a tie is
reached.
Director Paul Kermoyan said that a tie is anon-decision. The options include making
an alternate motion or asking the applicant to wait until the full Commission can
convene and vote. If no alternate motion is made, the applicant can appeal this non-
decision to the City Council.
Commissioner Reynolds:
Campbell Planning Commission Minutes for September 22, 2015 Page 16
• Pointed out that Commissioner Bonhagen had indicated that he was okay with
business hours to midnight.
• Added that he too was leaning to midnight but would also go with 11:30 p.m., which
is what is being requested by the applicant. He can then come back later asking
for midnight.
• Concluded that he is okay with Option 4.
Commissioner Kendall suggested re-opening the public hearing to ask the applicant
his preference on how to proceed.
Acting Chair Dodd re-opened the public hearing for Agenda Item No. 5.
Commissioner Kendall said that one suggestion was to stop alcohol service at 11 p.m.
but per Campbell PD there is no real way of enforcing that.
Larry Schaadt said that they need to operate up to 11:30 p.m. in order to allow patrons
to complete their meals.
Acting Chair Dodd re-closed the public hearing for Agenda Item No. 5.
Director Paul Kermoyan said that 11 p.m. is the stop service time not just stopping
alcohol consumption.
Planner Daniel Fama clarified that the applicant requested stopping service at 11 p.m.
and closing to the public by 11:30 p.m. Staff is not recommending the 11:30 p.m.
closing time.
Commissioner Kendall asked staff if stopping alcohol service at 11 p.m. is enforceable
by PD if the restaurant stays open until 11:30 p.m.
Director Paul Kermoyan pointed out that it would be hard for anyone to distinguish
between a plain cola and a rum & cola beverage.
Commissioner Reynolds said that everyone is focusing on alcohol in their discussion.
This is a restaurant and not a bar. He added that service to the public up to 11:30 p.m.
is a very reasonable request.
Commissioner Rich:
• Stated that whether it is a restaurant or a bar, alcohol tastes the same.
• Said by discounting the recommendation of Campbell PD, we are making their job
harder.
• Added that he has full faith in the Campbell PD.
• Said that the concession for this applicant is being approved into a full service
restaurant with general alcohol service.
• Said that extending alcohol service is pushing out Campbell PD's problem by
another half hour.
Campbell Planning Commission Minutes for September 22, 2015 Page 17
Commissioner Bonhagen said that he has made up his mind. While he doesn't like to
deviate from the staff recommendation, he feels it is worth it to give this applicant what
he is asking for including public hours to 11:30 p.m.
Commissioner Young:
• Suggested having later service hours during the summer months when days are
longer while during winter months extended hours may be less necessary.
• Said that the applicant has the opportunity to come back later to extend.
• Concluded that he would therefore support public hours to 11 p.m. at this time.
Commissioner Kendall:
• Reminded that the applicant says that hours to 11:30 p.m. are needed for him to
secure a business partner in this restaurant.
• Asked if an alternate option of allowing expanded hours to 11:30 p.m. between
April and October and 11 p.m. closing from November through March might be
possible. That addresses the summer season later diners and offers a
compromise.
Acting Chair Dodd reminded that Commissioner Young had suggested that the
applicant could come back later and ask for later hours.
Commissioner Kendall:
• Pointed out. that he has already come back and is asking again.
• Cautioned that there are costs associated with bringing it back to the Planning
Commission.
• Added that the applicant is looking for a business partner and the restrictive hours
are leaving him in anon-competitive situation in finding that partner.
Acting Chair Dodd said that the Commission cannot base its decisions on one person
(applicant) rather than the requested land use.
Commissioner Reynolds:
• Reiterated that this applicant is attempting to attract awell-known chef to this area
and is asking for the ability to run a business that will be successful.
• Admitted that he loves to see thinking "outside of the box".
• Added that the City can work with this applicant or make it difficult for the applicant
and his customers.
Commissioner Bonhagen asked Commissioner Young why he has changed his mind
and now supports the 11 p.m. close.
Commissioner Young said that he is honoring the staff recommendation. He added
that he would support the 11 p.m. closing time for now with the opportunity for the
applicant to operate that way and see how it goes.
Campbell Planning Commission Minutes for September 22, 2015 Page 18
Commissioner Bonhagen referenced the handout prepared by the applicant that
depicts the operational hours for other Downtown businesses. He questioned whether
more consistent closing times help the Police Department with enforcement.
Commissioner Rich said he was not in favor of seasonal hours. He said that Campbell
PD would need a matrix of varied seasonal hours. He said that discounting the
preference of Campbell PD for closing by 11 p.m. would make their job more difficult.
Acting Chair called for a vote:
Motion: Upon motion of Commissioner Rich, seconded by Commissioner
Young, the Planning Commission recommended the adoption of a
resolution approving the conversion of an existing
restaurant/wine bar with beer and wine service to a restaurant
with general alcohol service with operational hours up to 11 p.m.
on property located at 394 E. Campbell Avenue, subject to the
conditions of approval, by the following roll call vote:
AYES: Dodd, Rich and Young
NOES: Bonhagen, Kendall and Reynolds
ABSENT: Finch
ABSTAIN: None
The motion failed.
Director Paul Kermoyan referenced Condition 5-D which allows business hours
between 11 a.m. and 11 p.m. and operational hours between 9 a.m. and midnight.
Acting Chair Dodd said that limiting alcohol sales after 11 p.m. while allowing patrons
to conclude their meals up to 11:30 p.m. would be hard to monitor.
Commissioner Rich pointed out to his fellow Commissioners who are supporting
alcohol service to 11:30 p.m. that Campbell PD is trying to be consistent with closing
hours. He asked if and why requiring service to 11:30 p.m. seems to be a deal breaker
for them in supporting the original motion.
Commissioner Kendall:
• Said that the applicant has said that he needs to 11:30 p.m. to be successful and to
secure a partner in the restaurant.
• Assured that she places a lot of weight on the staff recommendations.
• Reminded that 11:30 p.m. closing time is still earlier than the midnight hour that
they can approve.
Acting Chair Dodd said that the standard for closing times is a range of closing times.
Commissioner Kendall referenced page 5 of 7, item G.
Acting Chair Dodd said that is the limit and not the standard.
Campbell Planning Commission Minutes for September 22, 2015 Page 19
Commissioner Kendall pointed out that the service at this business is food centered
Acting Chair Dodd suggested that each Commissioner quickly comment on their
position about this request.
Commissioner Kendall said that the business' need is strong enough that she is okay
with not taking staff's recommendation for 11 p.m. but rather supports business hours
to 11:30 p.m.
Commissioner Young reminded that the approval is attached to the location and not
the specific operator.
Director Paul Kermoyan:
• Said that Campbell PD recognizes that peoples' consumption of food versus
alcohol switches in the later hours to more alcohol and less food.
• Added that it is about 9 p.m. when they start seeing problems.
• Reminded that Campbell PD is who is out in the "field" dealing with these matters.
Planner Daniel Fama:
• Said that perhaps there can be a restriction of new customers coming in at or after
11 p.m. while allowing service to conclude at 11:30 p.m. for a trial period with a one
year review to see if it is working or needs to be re-evaluated.
Commissioner Reynold:
• Said that he likes the idea of a trial period for one year.
• Added that a trial period would provide a great opportunity for this business to show
that there are no resulting problems from their business hours to 11:30 p.m.
• Stated that he has heard two ideas of preference. Either staggered closing hours
versus same closing hours for all.
Commissioner Rich:
• Said that the applicant is asking for 11:30 p.m.
• Questioned whether or not he can secure that extra 30 minutes to 11:30 p.m. is a
deal breaker.
• Reminded that Campbell PD provided a graph depicting late hours versus numbers
of calls for Police services. After 11 p.m., they increase.
Planner Daniel Fama said that calls increase the most between midnight and 1 a.m.
Commissioner Bonhagen said that is doesn't know whether 11:30 p.m. is needed in
order to be successful.
Motion: Upon motion of Commissioner Kendall, seconded by
Commissioner Bonhagen, the Planning Commission adopted
Resolution No. 4246 approving Modification (PLN2015-247) to a
previously-approved Conditional Use Permit (PLN2014-35) to
convert an existing restaurantlwine bar with beer and wine
Campbell Planning Commission Minutes for September 22, 2015 Page 20
service to a restaurant with general alcohol service, and a change
to the approved "late night" operational hours to extend the
public closing time from 11:00 PM to 11:30 PM on property
located at 394 E. Campbell Avenue, subject to the conditions of
approval, as modified:
• The expanded business hours to 11:30 p.m. will be on a one-
year trial period and no new patrons may be seated after 11
p.m. during this one-year trial period,
• Modify Finding 4 to reflect the close of business hour of 11:30
p.m.
• Strike Finding 11;
• Update Condition 5-D for business hours between 11 a.m. and
11:30 p.m. and operational hours between 9 a.m. and 12 a.m.
• Update Condition 5-P requiring that all trash be dumped within
the hours of 6 a.m. and 11:30 p.m.
by the following roll call vote:
AYES: Bonhagen, Kendall, Reynolds and Young
NOES: Dodd and Rich
ABSENT: Finch
ABSTAIN: None
Acting Chair Dodd advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.
***
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Paul Kermoyan:
• Stated that his report outlined the actions of the City Council at their last meeting.
• Said that he wanted to have a discussion about the SARC meetings.
• Reported that even before his tenure began in 2009, SARC has been operating its
meetings in a manner that he has determined should be made more open. Rather
than as currently occurs that apre-meeting between staff and SARC members
occurs prior to inviting the applicant in, from now on all parties will remain together
throughout the discussion. Anyone on the SARC agenda that evening will sit
through the meeting until their item has concluded.
• Added that there is supposed to be an architect available to SARC. That has not
been the case for many years. Staff will be working to establish a consulting
architect to assist SARC with those larger projects that might benefit from the
feedback of an unbiased professional architect.
Campbell Planning Commission Minutes for September 22, 2015 Page 21
ADJOURNMENT
The Planning Commission meeting adjourned at 10:13 p.m. to the next Regular
Planning Commission Meetin f October 13, 2015.
SUBMITTED BY:
Corinne Shinn, Recording Secretary
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APPROVED BY: ' ~~-- ~-~
Cy, ~ Dodd, Acting Chair
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ATTEST: ~ JC ~t.Y I
Paul Ke~moy~i~, Secretary