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PC Min - 11/10/2015CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of November 10, 2015, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbe-I, California by Chair Finch and the following proceedings were had, to wit: NOVEMBER 10, 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. Michael L. Rich Donald C. Young Commissioner;> Absent Staff Present: None Community Development Director: Planning Manager: Seniar Planner: Associate Planner: Associate Planner: City Attorney: Recording Secretary: Paul Kermoyan Brad Misner Cindy McCormick Daniel Fama Stephen Rose William Seligmann Corinne Shinn APPROVAL OF MINUTES Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission minutes of the meeting of October 27, 2015, were approved as submitted. (7-0) Campbell Planning Commission IVlinutes for November 10, 2015 Page 2 COMMUNICATIONS None AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None CONSENT There were no consent items. *** PUBLIC HEARINGS Chair Finch read Agenda Item No. 1 into the record as follows: 1. PLN2013-53 Public Hearing to consider the application of DC Kim for an Administrative Planned Development Permit (PLN2013-53) to allow a 325 square-foot addition to the front of an existing church meeting hall, legalize an existing exterior roof shed and walk-in refrigerator, modify onsite parking, rebuild existing storage sheds and a trash enclosure, and merge two lots located at 109 8~ 121 N. First Street. 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. Commissioner Rich asked about the differences between the applicant and SARC on the enclosure for the refrigerator and trash. Planner StephE~n Rose said that SARC directed them to demolish and rebuild it as a structure that is; compatible with the rest of the site. The applicant wants to keep it. Commissioner Reynolds: • Asked to what extent the Commission can regulate the use of housing on a church property. Are there any "sanctuary" protections. Campbell Planning Commission N!linutes for November 10, 2015 Page 4 o Parish House -the use should be restricted for use as a Parish house and not ai separately rented out residence. The applicant has no problem with this requirement and it is included within the conditions of approval. o Parking Stalls -Four spaces are provided, two for staff and the other two for the occupant(s) of the Parish house. The applicant had no concern and a condition of approval includes signage outlining the restrictions in use of those four parking spaces. Chair Finch opE~ned the Public Hearing for Agenda Item No. 1. DC Kim, Applicant and Project Architect: • Explained that the enclosure is located in the back. • Admitted that he knows it is an eyesore but it is in the back and not visible from the street. • Said that fullly enclosing it could cause exiting problems so their proposed L-shaped enclosure is, preferred. Chair Finch closed the Public Hearing for Agenda Item No. 1. Commissioner Kendall: • Stated that SARC came up with the recommendation to use the residence as a Parish house. • Added that if the home is occupied by the Deacon, it is not as likely that parishioners would be using the driveway, which is only 12 feet wide. • Reminded that the refrigerator structure was put up without any permits. It is important that it looks and feels finished. Chair Finch: • Said that shoe is okay with the L-shaped wall. • Added that it is important that permits be secured for bringing it up to Code. • Agreed that it may take a lot to bring this up to Code. • Expressed agreement with Architect DC Kim that problems arise if this is fully enclosed. • Pointed out that the wall will make it less visible. Commissioner Young: • Said that the staff recommendation is based upon SARC's recommendations to require a fullly enclosed structure. • Reminded that the structure in place was constructed without plans. Commissioner Bonhagen: • Said he too agrees with the need to bring everything constructed without permits up to Code. • Admitted that he's actually surprised that is not a mandatory condition to bring unpermitted construction up to Code. Commissioner Reynolds: Campbell Planning Commission Minutes for November 10, 2015 Page 5 • Agreed that: everything has to be up to Code. • Added that he supports the recommendation by the Historic Preservation Board (HPB) to install a plaque on this site. He said he likes that idea as a means of remembering a part of the historical culture of the City. • Stated his appreciation for the work of the HPB. Commissioner Dodd: • Said that she agrees wholeheartedly with the HPB recommendation for a commemorative plaque being added on site as a condition of approval. • Advised that SARC discussed the wall around the refrigerator as potentially creating a space where trash could end up accumulating. Planning Manager Brad Misner: • Said that SARC discussed the rear setback resulting in the wall being set back from the rear property line thus creating a narrow area that could end accumulating debris. Director Paul K:ermoyan: • Said that one reason that it matters if there's a wall in front or not is that the refrigerator there is portable. If it should ever break and need to be removed that would hindE~r that removal. • Added that from a public view standpoint what is proposed could work aesthetically and not having it fully enclosed may be a good thing. Commissioner Dodd asked if that is staff's current recommendation. Director Paul K:ermoyan replied he is floating that as an option. Commissioner Kendall: • Said that S~ARC's goal is to have this all be up to Code and to cover anything unsightly from public view. • Added that she too likes the idea of an historic plaque. Chair Finch: • Said that shoe too supports the historic plaque on site. • Added that she never realized that this is the Old Grange Hall. • Agreed that having everything up to Code is important. • Stated that sometimes it is less expensive to knock down and rebuild. Commissioner Rich: • Said that he agrees with the proposed L-shaped wall; that everything building without perrnits be brought up to Code standards and supports the installation of an historic plaque. Commissioner Dodd asked if the wall even has to happen. Commissioner Young said yes, a single screening wall that is up to Code is needed. Campbell Planning Commission Minutes for November 10, 2015 Page 6 Commissioner Dodd agreed. Motion: Upon motion of Commissioner Young, seconded by Commissioner ~onhagen, the Planning Commission adopted Resolution No. 4259 approving an Administrative Planned Development Permit (PLN2013-53) to allow a 325 square-foot addition to the front of an existing church meeting hall, legalize an existing exterior roof shed and walk-in refrigerator, modify onsite parking, rebuild existing storage sheds and a trash enclosure, and merge two lots located at 109 & 121 N. First Street, subject to the conditions of approval as modified: • Modify Condition 4-B requiring asingle-wall that is up to Code; and • Installation. of an historic plaque; 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 calerndar days. *~* Chair Finch read Agenda Item No. 2 into the record as follows: 2. PLN2015-293 Public Hearing to consider the application of Equnju Stephanie Cho & Leslie Searson fora Conditional Use Permit (PLN2015-293) to allow the establishment of a large fitness studio (d.b.a. The Bar Method) with late night hours (opening at 5:45 a.m.) out of an existing tenant space on property owned by D.T. Martin Trust, located at 2020 S. Bascom, Suite G, in the C-2 (General Commercial) Zoning District. Staff is recommending that this application 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. Chair Finch opE~ned the Public Hearing for Agenda Item No. 2. Campbell Planning Commission Minutes for November 10, 2015 Page 7 Chair Finch asked the applicants if they had done any outreach to nearby neighbors about possible impacts of their business on them. Stephanie Cho and Leslie Searson, Business Owners: • Reported that the property owner is also their neighbor. Commissioner Finch asked about the staggering of classes and whether 15 minutes was enough time. Stephanie Cho said that this is their second location and per their experience this timing works. Commissioner Rich asked if they are sure that the maximum of 25. Leslie Searson said that the studio is set up for a maximum of 25. They cannot overbook as there is no space for more than 25 to work. Chair Finch closed the Public Hearing for Agenda Item No. 2. Commissioner Rich said that he likes this business model for this location and has no concerns with the applicants' proposal. Chair Finch agreed that this is a great use of that tenant space. She added that she works very close by. Commissioner Kendall said she too agrees. Motion: Upon motion of Commissioner Kendall, seconded by Commissioner Dodd, the Planning Commission adopted Resolution No. 4260 approving a Conditional Use Permit (PLN2015-293) to allow the establishment of a large fitness studio (d.b.a. The Bar Method) with late night hours (opening at 5:45 a.m.) out of an existing tenant space on property owned by D.T. Martin Trust, located at 2020 S. Bascom, Suite G„ 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 November 10, 2015 Page 8 3. PLN2015-256 Public Hearing to consider the application of SRM Development for a Minor Modification (PLN2015-256) to a previously approved Planned Development Permit (PLN2011-45) for consideration of a Parking Management Plan for the Merrill Gardens development, for property located at 2075 S. Winchester Boulevard. Staff is recommending that this application be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner Mr. Daniel Farria, Associate Planner, presented the staff report. Chair Finch asked if there were questions of staff. Commissioner Kendall asked about the time limitations for retail parking. Planner Daniel Fama said that the limit is three hours in the garage and either two hours or 30 minutes for the surface retail parking per posted signage. Commissioner Kendall asked if retail customers will know that the garage has retail parking available. Planner Daniel Fama said yes there is signage that so indicates that availability. Chair Finch asked if 68 cars is the maximum. Planner Daniel Fama said that is probably more than they need per Merrill Gardens. Chair Finch asked how many residential units there are at Merrill Gardens. Planner Daniel Fama replied 126. Chair Finch opened the Public Hearing for Agenda Item No. 3. Judy Pisano, Resident on Fourth Street: • Stated that she is a neighbor of Merrill Gardens. • Said that she is concerned that this is being considered a minor adjustment. • Opined that: the stacking concept doesn't seem workable in either the garage or outside area. • Said that there is not enough room on site to park. Merrill Gardens needs to get another site to use for parking. • Cautioned i:hat there will be more problems as these new retailers' businesses grow. Chair Finch closed the Public Hearing for Agenda Item No. 3. Campbell Planning Commission Minutes for November 10, 2015 Page 9 Commissioner Kendall said that she is happy that Merrill Gardens brought this request forward. It looks like a major correction and she is satisfied that it will work. Commissioner Rich: • Said that he likes the fact that there are 30 additional spaces. • Added that he likes the fact that Merrill Gardens has been pro-active in finding ways to increase parking supply prior to reaching full occupancy. • Stated that 30 spaces is a good increase. • Concluded that he likes this proposal. Commissioner Reynolds asked if there has ever been discussion regarding the potential for off-site parking. Planner Daniell Fama replied yes. He cautioned that off-site parking is not unused parking but rather tends to be needed to serve the site on which it is located. Commissioner Reynolds asked whether this Parking Management Plan could be brought back if problems come up one implemented. Planner Daniel Fama said that in large part this PMP is attempting to resolve resident parking. There is a division between the two sides of the operation here -residential versus retail. Commissioner Bonhagen asked what problems specifically. Planner Daniel Fama said the use of retail spaces by residents began occurring before the retail was ire place. Director Paul K:ermoyan: • Reminded that the original entitlement was approved in 2007. • Stated that: the parking should have been clearly spelled out between the residential and retail uses. • Added that one way of doing so is to place limitations on car ownership by residents. That restriction is included in today's PMP. Commissioner Bonhagen said that he agrees with both Commissioner Kendall and Rich. Chair Finch: • Said that sloe likes the condition requiring residents to register their vehicles with the Merrill Garden management. • Stated her concern whether 68 maximum spaces is enough. • Asked how that can be limited as a total. Planner Daniel Fama: • Said that one way is via a numeric limit on the number of registered vehicles allowed by IVlerrill Gardens. Campbell Planning Commission Minutes for November 10, 2015 Page 10 • Advised that Merrill Gardens is charging a fee to discourage cars if not needed by residents. Chair Finch said that with the spaces marked for retail she is in favor. Motion: Upon motion of Commissioner Bonhagen, seconded by Commissioner Kendall, the Planning Commission adopted Resolution No. 4261 approving a Minor Modification (PLN2015- 256) to a previously approved Planned Development Permit (PLN2011-45) for consideration of a Parking Management Plan for the Merrill Gardens development, for property located at 2075 S. Winchester Boulevard, 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: 4. PLN2015-311 Public Hearing to consider the application of Scramblz PLN2015-312 Restaurant for a Modification (PLN2015-311) to a previously approved Administrative Planned Development Permit (PLN2014-159) and a Parking Modification Permit (PLN2015-312) to allow outdoor seating, an increase in the number of approved seats, and a reduction in the number of required on-site parking spaces, for an existing restaurant on property located at 2125 S. Winchester Boulevard, Suite 120. Staff is recommending that this application be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report. Chair Finch asked if there were questions of staff. Commissioner Reynolds asked how many additional outdoor dining seats are proposed along the Winchester frontage. Planner Daniel Fama replied eight. Campbell Planning Commission Minutes for November 10, 2015 Page 11 Commissioner Rich: • Reminded that the applicant is also requesting outdoor seats to the rear. • Asked for clarification as to whether the deficit in parking is 12 or 22 spaces. Planner Daniel Fama said that there is a 22 space deficit. Commissioner Bonhagen pointed out that although there are no approvals for outdoor dining currently they already have tables and chairs in use outdoors there. Planner Daniel Fama said that the business owner is here this evening and can address that. Commissioner Bonhagen asked staff how many additional seats they seek. Planner Daniel Fama replied that their original approval was for 49 seats and they are proposing 75. Commissioner Bonhagen clarified that they are seeking approval to do what they've already been doing. Planner Daniel Fama reported that that applicant's request is for 75 interior seats and 12 outside dining seats. They currently have 16 seats located outside and would have to reduce that i~F 12 is approved by the Commission. Chair Finch expressed safety concerns resulting from having outdoor dining placed right near a cuirb that could act as a trip hazard. She asked if there is a way to make this dining area safer. Planner Daniel Fama said that this is an unusual situation here. Their existing outdoor dining seats would have to be reduced by 4 to reach 12. He added that there is no requirement to have a barrier and there is no Code issue. Director Paul Kermoyan asked what safety concerns Chair Finch have. Chair Finch said that she's concerned about someone pushing away from a table and falling over off 1:he curb. Director Paul Kermoyan agreed that this area that is currently being used was not intended for outside dining. Commissioner Young referenced page 8 where a rail is being recommended to be placed there. Commissioner Dodd pointed out that the front of the restaurant is long and narrow and asked how many two-top tables fit out there. Planner Daniel Fama: • Said that hey would defer that question to the applicant. Campbell Planning Commission Minutes for November 10, 2015 Page 12 • Added that there is a condition of approval prohibiting such a rail that should be stricken shc-uld the Planning Commission want one there. Chair Finch as4ced why. Director Paul K.ermoyan said that with the width of vehicles, the rail might get hit by car doors of those parking along there. Chair Finch opened the Public Hearing for Agenda Item No. 4. Jim Angelopoulos, Applicant and Owner of Scramblz: • Reported that they are a full service restaurant and it is important for them to achieve maximum capacity. • Advised that they serve between 300 and 400 customers on Saturday and Sunday. • Explained that a maximum capacity of 49 typically bills for 30 at a given time. Therefore, a maximum capacity of 75 might bill at 50. • Assured that parking is not an issue on weekends. • Said that they propose to have two tables of four out front. Commissioner Rich: • Said that hey likes the idea that this business wants seating on Winchester. • Advised that he went to this restaurant when it first opened and struggled to find the restaurant. • Added that having seating along the Winchester frontage will help clients locate this business. • Pointed out that they have a lot of employees versus customer count. Jim Angelopoulos agreed. He added that his outdoor tables have been made but have not yet been put out up front yet. Commissioner Rich suggested just limited seating in the back and the rest of the outdoor seating in the front along Winchester. Jim Angelopoulos said that he would propose six two-seat tables in back for a total of 12 seats. Commissioner Bonhagen clarified that Mr. Angelopoulos wants an additional 12 seats out back with 8 more seats up front. Jim Angelopoulos replied yes. He added that outdoor seating along Winchester will provide them with more visibility. Commissioner Bonhagen expressed concern that they can't succeed without more seating than originally requested. Jim Angelopoulos said he had thought that the landlord would get a Modification in order to get more outdoor dining seating. Campbell Planning Commission Minutes for November 10, 2015 Page 13 Ollie Peterson, Representative for Merrill Gardens: • Stated that they have tried to get a good mix of tenants in this location. • Said that hE~ has no problem with adding tables and supports outdoor seating in the back and up front along Winchester. Chair Finch closed the Public Hearing for Agenda Item No. 4. Chair Finch: • Said that it feels like deja vu here in a way and this situation seems to be similar to The Socialic~ht. • Added that she can understand the need for more seating but the Commission has been seeing original approved uses come back quickly to get more entitlements. • Reported that she has dined at Scramblz and finds it to be a wonderful place to eat. She will go back. • Cautioned that they are now pushing the limits of the original approval. Commissioner Dodd: • Asked staff if there are concerns with the use of the bulb out. • Admitted tf iat she likes the idea of outside dining and making that section of Winchester looking inhabited. • Added that she supports a more narrow seating area in front and at the back placed next to the building itself. • Said that proximity to cars is of concern. Commissioner Reynolds: • Admitted that he has not yet eaten here but it is on his to-do list. • Stated that he likes the idea of having dining space in back. It can serve as an invitation to the seniors living at Merrill Gardens on the property there. • Agreed that: dining along Winchester will be different from dining in the Downtown due to the higher speed of traffic and other noises. It may be more inviting to seniors to dine in the back where it is quieter. • Suggested 'the placement of small but heavy planters to act as a barrier/protection between diners at the back and parked vehicles. • Said that he doesn't like limiting it two two-tops. • Encouraged the Commission to approve dining along Winchester. The intent of the Winchester Boulevard Master Plan is to create a walkable extension to the Downtown. • Reported that the first year of a business' operation can be challenging economically. • Stated that it is not the intent of this applicant to flaunt regulations but rather to try to succeed. Commissioner Young: • Agreed with Commissioner Reynolds on the issue of noise along Winchester versus at the back. • Added that the applicant is also asking for more interior seats. Campbell Planning Commission Minutes for November 10, 2015 Page 14 • Pointed out that typically outdoor dining areas require heaters some times of year. • Said that staff recommends occupancy for a reason. • Said that hE~ likes to be consistent with a Conditional Use Permit and come back. • Stated that Merrill Garden has been working diligently to work out its issues. • Reminded that a Conditional Use Permit is issued for a location and not for a specific operator. Commissioner Kendall: • Said that she also doesn't like applicants coming back so soon. If you give an inch they will asMc for a mile. • Advised that she is not in favor of rear outdoor seating at all. That area is intended to be the entrance. • Put forth the suggestion of having Scramblz buy branded umbrellas with logo from Bottle &Botega and place tables along their street frontage as well as their own along Winchester since they are already sharing parking (and staggered operational hours) with Bottle &Botega. • Stated that she is okay with added seats indoors as long as it fits within Code. She is not supportive of outdoor seating at the rear back. Commissioner Rich: • Said that he' likes the idea of outdoor seating at the frontage. • Stated that he has a question about staffing. When he dined there it seemed there was a lot of staff fora 49 seat restaurant. Is there a reason for that? Planner Daniel Fama said that the seating occupancy of 49 was reached based upon building occupancy of space. The architect later determined that this can be ranked as an A-1 occupaincy with allows a higher capacity. He added that the initial occupancy of 49 also corresponded with the available parking. Commissioner Rich: • Said that the applicant states he is unlikely to fill the maximum 75 seats he's asking for. • Advised that he is okay approving for 75 seats and with outdoor seating up front (along Winchester frontage). If outdoor seating is allowed at the back, it should be located in the middle with three tables for four or a total of 12 seats there. Commissioner Bonhagen said that he too was fine with the proposed seating. He told the applicant that in the future he must come back for approval prior to expanding upon his approved use. Commissioner Dodd said that if they are getting an increase in floor space with added outdoor seating, is that not rewarding them? Commissioner Bonhagen: • Stated that the is concerned with the rear outdoor seats. • Said that hie likes Commissioner Kendall's idea to allow as much seating at the front rather than any at the back. Campbell Planning Commission Minutes for November 10, 2015 Page 15 Commissioner Rich asked if the total for outdoor seating would be 12. Commissioner Bonhagen said that the outdoor seating should be placed up against the building and not on the bulb out. Director Paul Kermoyan: • Reminded thhat cars driving along Winchester Boulevard are going much faster than those driving Downtown on Campbell Avenue. Winchester is an arterial road with a 15-foot widE: sidewalk that was designed to accommodate more outdoor seating. • Said that the question before the Commission is where those seats should be located. The applicant had proposed 75 indoor seats and 12 outdoor seats but now wants more with an out-of-left-field request this evening. Commissioner Rich suggested a maximum of 12 outdoor dining seats at the front with the final configuration left to staff. Commissioner Reynolds said that while he likes the recommendation made by Commissioner Kendall to extend the seating for Scramblz to the frontage of Bottle & Bodega's sincE~ they are closed when Scramblz is open but what if they (Bottle & Botega) were to leave and the next tenant does not want that arrangement? Commissioner Kendall reminded that there is already a shared parking arrangement between the two uses so that their hours and need for parking don't overlap. Director Paul K;ermoyan said that an internal agreement may be possible. It's not out of the ball park. Commissioner Reynolds: • Said that a new business must often make changes once they are in operation. • Suggested .a City policy change be considered that would allow minor modifications to an approved use be considered at staff level without the need for further Planning Commission Review. Commissioner Young: • Said he agreed that no one can predict the future but some of these things could have been foreseen. • Pointed out that this business executed obvious and big changes to their business that were not aligned to the Conditional Use Permit they agreed to. • Said that as to parking, we can only park what we know. • Added that it is a behavior/compliance issue that becomes a Code Enforcement rssue. • Said that seating at the front could be a solution that could be worked out with staff. • Advised that he is not in favor of seating in the island but does support it along the Winchester frontage. Campbell Plannning Commission Minutes for November 10, 2015 Page 16 Commissioner Rich agreed that the business should have come back to ask for changes to their approval before implementing them. Commissioner Bonhagen said he has no problem having uses come back to the Commission. Fie doesn't want staff have to become the enforcers. Commissioner Dodd asked if propane heaters for outdoor dining would require permits. Planner Daniel Fama advised that propane heaters are not allowed for outdoor dining. They must either be natural gas or electric heaters. Commissioner Dodd: • Said she suipports seating along Winchester but not on the bulb out at the back. If any outdoor seating is placed at the back, it should be placed against the building. • Said that shoe is okay with interior seating change since the building has been rated differently. • Cautioned 11hat there needs to be accountability going forward with no making future changes to this use without securing necessary City approvals first. Director Paul I<:ermoyan said staff had noticed the outdoor seating when passing by. The applicant did not come to the City to inquire about adding it. Staff approached them once it was discovered. Commissioner Dodd reiterated her support for the increased interior seating, outdoor seating at the front and in the back if placed against the building. Director Paul Kermoyan cautioned that the sidewalk along the building is tight. Commissioner Dodd said in that case the outdoor seating should just be at the front. She asked what can be done to ensure accountability. Director Paul Kermoyan said it can be conditioned that the tables and chairs cannot be altered withoutt new approvals and coming back to the Planning Commission. Otherwise, Code Enforcement can issue an Administrative Citation. Chair Finch said that the agreement in place must be honored. She asked if the bulb out is public property. Director Paul Kermoyan advised that the bulb out is private property. In the front along Winchester there is a 10-foot wide public sidewalk and 5-feet of private paved area. Chair Finch: • Said she supports allowing extra inside seating and outdoor seating along the Winchester frontage. • Suggested a condition that if future changes occur without required approvals, this Use Permit comes back to the Planning Commission on the first strike. • Added that staff knows what they're doing. We have an able staff. Campbell Planning Commission Minutes for November 10, 2015 Page 17 Motion: Upon motion of Commissioner Young, seconded by Commissioner Bonhagen, the Planning Commission adopted Resolution No. 4262 approving a Modification (PLN2015-311) to a previously approved Administrative Planned Development Permit (PLN2014-159) and a Parking Modification Permit (PLN2015-312) to allow outdoor seating, an increase in the number of approved seats, and a reduction in the number of required on-site parking spaces, for an existing restaurant on property located at 2125 S. Winchester Boulevard, Suite 120, subject to the conditions of approval as amended, • Revised Condition No. 5 so that one (1) verifiable complaint allows the permit to be brought back to the PC for revocation; and • Revised Condition No 7.f to prohibit seating in the rear, to allow seating in the front not to exceed to 12 seats, to remove the restriction on barriers and planters, and to allow the Community Development Director to review and approve the location of outdoor furniture; by the following roll call vote: AYES: Bonhagen, Dodd, and Young NOES: None ABSENT: None ABSTAIN: None Finch, Kendall, Reynolds, Rich Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. ,~*~ Chair Finch called for a break at 9:45 p.m. and reconvened the meeting at 9:55 p.m. Chair Finch read Agenda Item No. 5 into the record as follows: 5. PLN2015-261 Public Hearing to consider the City-initiated Revocation (PLN2015-261) of apreviously-approved Conditional Use Permit for a restaurant use (currently occupied by The Spot) for the property located at 201 Orchard City Drive, for the purpose of reviewing operational conditions for outdoor entertainment (music) on Sundays. Staff is recommending that this application be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Cindy McCormick, Senior Planner Director Paul K~ermoyan gave a brief introduction of this item. Campbell Planning Commission Minutes for November 10, 2015 Page 18 Ms. Cindy McCormick, Senior Planner, presented the staff report. Chair Finch aslked if there were questions of staff. Commissioner Kendall pointed out that acoustical music can still be amplified. Planner Cindy McCormick said that the condition defines acoustical as non-amplified. Director Paul K;ermoyan: • Explained thhat when the original Conditional Use Permit was approved in 1997, the Planning Commission had a conversation about the types of music that would be allowed. • Pointed out that any music played will be heard. • Reminded that the former owner, who originally sought the Use Permit, was asking for backgroiund dinner music. • Said that arnplification can be discussed. Commissioner Rich pointed out that as appears on the proposed hours, the only day that outdoor entertainment is allowed is on Sunday and not Monday through Saturday. Commissioner Young said he supports Option 2. Planner Cindy IMcCormick: • Said that is the staff recommendation. • Added that the Commission can change conditions for the Sunday outdoor entertainment. For example, by reducing the hours to 4 p.m. or not allowing it. Chair Finch opf~ned the Public Hearing for Agenda Item No. 5. Commissioner Reynolds disclosed that he has spoken with both business owners on issues not related to this action. Aaron Crites and Jarrod Gallo, Business Owners, The Spot:: • Reminded that they have been in business here for the last seven years in good standing. • Said that they want to clear up grey areas on the issue of operational hours for Sunday. • Said that thE~y are here due to three verifiable complaints. • Explained that one band that played included more than four players since they were unaware of that restriction. • Reported that just one person is complaining. • Said that staff's recommended condition that their outside patio closes at 10 p.m. would be detrimental to their business. • Added that they would give up live entertainment on the patio but not the use of the patio after 1 ~0 p.m. • Explained that this business supports their families as well as their employees. Campbell Planining Commission Minutes for November 10, 2015 Page 19 • Suggested that this misunderstanding is more of a paperwork mix up. • Said that hen's hoping for what is fair here in regards to their Sunday uses. • Stated that he is proud to be a part of Downtown Campbell. Commissioner Rich said that they are taking issue with the 10 p.m. closing of their patio and asked if they have an understanding of the outdoor uses. Aaron Crites: • Said that they are the same as the indoor hours per the 1997 Conditional Use Permit and the 2011 Live Entertainment Permit. • Reported that they have just one complaining (bad) neighbor. • Advised that the 2011 Live Entertainment Permit was issued to him and allowed them to have music to 11 p.m. and does not specify between indoors and outdoors. Commissioner Rich asked if is their understanding was that the indoor and outdoor hours corresponded; that they take exception to a 10 p.m. close Monday through Saturday and that on Sunday they are okay with outdoor music between 9 a.m. and 5 p.m. Aaron Crites replied yes. Commissioner Rich continued that they are okay with use of the patio between 7 a.m. and 10 p.m. with the music stopping by 5 p.m. but still take issue with outdoor closing Monday through Saturday. Director Paul K.ermoyan: • Said that tlhe 1997 Conditional Use Permit required a 10 p.m. close. Monday through Saturday. • Added that in 2004 a new Conditional Use Permit was approved that superseded the 1997. • Stated that he agrees that The Spot has outside area consistent with operational hours for live entertainment. Commissioner Rich said that they are okay with live entertainment to 5 p.m. on Sunday. Commissioner Reynolds said he must disclose that he has had conversations with these business owners in the past. Commissioner Bonhagen: • Pointed out: that there are four different hour limitations: Normal inside, normal outside, live entertainment inside and live entertainment outside. • Admitted that he is okay with the same hours for all uses. Aaron Crites s<~id that he can accept the 5 p.m. end of music outside. He added that since the City':> Code limits live entertainment to four musicians or less, he will never exceed that again. He had been unaware of that limitation prior. Campbell Planining Commission Minutes for November 10, 2015 Page 20 Commissioner Bonhagen said that he could support live entertainment to 8 p.m. indoors and 5 p.m. outdoors on Sunday. Rob August: • Said that hey hopes the hours can be hammered out. • Asked that i:he $2,500 fine be waived. • Said that previous violations were issued without fines. Randy Munster, Owner of Sushi Confidential: • Said that hey has known Aaron and Jarrod for a long lime. • Pointed out that a lot of people like the patio. • Reminded that Downtown Campbell is very successful. • Said that it is a shame that one person can impact this business. • Assured that their intention was not to do any harm. Chair Finch closed the Public Hearing for Agenda Item No. 5. Commissioner Rich: • Said that from what he has heard and ascertains, this business has been corresponding their indoor hours with their outdoor hours. • Stated that he supports Option 1 allowing use of the outside patio with live entertainment on Sunday between 9 a.m. and 5 p.m. and with a waiver of the fine. Commissioner Kendall: • Said that music is the issue. • Supported allowing the live music on the patio with up to four musicians and ending by 5 p.m. • Reminded that Campbell PD encourages 10 p.m. closing on patios. • Admitted that she is on the fence about the $2,500 fine. • Said that a few years ago City staff met with the Downtown business owners. • Said that it does not matter if it is just one angry person complaining. The understanding should have been there as to what is allowed. City Attorney 1/Villiam Seligmann clarified that there is no fine. The fee being assigned is not a fine but rather is the cost of bringing this matter to hearing and to reimburse the City for the costs associated with doing so. Director Paul I<;ermoyan said that this is the second such proceeding that has been held. The other business brought forward was The Socialight and they paid the $2,500 cost of bringing this forward. It's not the City's fault that we are here. Commissioner'Young: • Said that there is an issue of public safety when operating outside of expected hours. • Said that this business owner says that they don't open on Tuesday yet they have business hours for Tuesdays. Campbell Plannning Commission Minutes for November 10, 2015 Page 21 • Stated that the $2,500 cost reimbursement has been assessed before and should be assessed here in order to stay consistent. Commissioner Bonhagen said that he supports Option 1. He said that this is not a clean and straight-forward case since there are four different closing times every night. Commissioner Rich said he concurred. He suggested keeping the indoor and outdoor hours the same. As to the $2,500 reimbursement, it is important to have consistency in this case since The Socialight paid the same reimbursement. Commissioner Reynolds asked staff if Council upheld the appeal and/or returned the fine. Director Paul Kermoyan replied no. Council upheld the Planning Commission's decision. Commissioner Reynolds: • Said that thus matter is before us because of a complaint. • Cautioned i:hat when one moves near a Downtown one gets the impacts of the Downtown. If one wants quiet, one should move to a quiet neighborhood. • Said that hey thinks this is a good business here with first class security. He doesn't see flagrant violations from this business. • Opined that this was the result of "City created confusion". • Added that he would not support the reimbursement of cost as that is the City's responsibilifiy. • Stated that the supports the same hours for the patio as for indoors. • Said that acoustic music is reasonable up to 5 p.m. on Sunday. • Reminded thhat some of the calls for Police service are attributed to their location on days that they were not open for business. • Stated "Let this business move forward." Commissioner 'Young: • Said that thE~re are not flagrant violations. • Reminded thhat staff works with Police to come up with recommended hours. This is a chance to support public safety efforts. • Pointed out that a City meeting was held between staff and Downtown businesses where expectations were laid out and agreed upon. Those have not all been met here. • Stated that i:he hours presented make sense except for the use of the outdoor patio to 2 a.m. Commissioner Dodd asked why 10 p.m. for the outdoor patio. Director Paul Kermoyan: • Said that staff was looking at the original 2004 Use Permit. • Added thatthere is a history of outside patio operation with the same hours as for the interior use. Campbell Planning Commission Minutes for November 10, 2015 Page 22 • Explained that outdoor seating permits located within the public right-of-way requires closure by 10 p.m. Commissioner Bonhagen: • Said that he agrees that the indoor and outdoor hours should be the same. The only night when they should be different is Sunday when the business closes at midnight, the outside live entertainment ends by 5 p.m. and the indoor live entertainment ends by 8 p.m. • Admitted that he is on the fence about the proposed $2,500 reimbursement. • Pointed out that they are doing a lot of things right. Commissioner Kendall said that she is okay with the hours being the same for both indoor and outdoor use as well as for imposing the $2,500 reimbursement. Chair Finch said that complaints resulting in PD service calls make them verifiable complaints. Chair Finch re-opened Public Hearing No. 5. Aaron Crites: • Said that while they currently do not open on Monday, Tuesday and Wednesday they'd like to have those hours available to them in the future. Jeremy Blanchard: • Said that acoustic music is hard to hear without amplification. Chair Finch re-closed Public Hearing No. 5. Commissioner Young suggested hours of 7 a.m. to 1 a.m. Monday through Wednesday; 7 a.m. to 2 a.m. Thursday through Saturday; and 7 a.m. to midnight on Sunday. Motion: Upon motion of Commissioner Bonhagen, seconded by Commissioner Dodd, the Planning Commission adopted Resolution 4263 approving clarifying the hours and standards for live entertainment by combining the 1997 and 2004 Use Permits into a new Conditional Use Permit; required the business owners to reimburse the City $2,500 to bring this matter to the Planning Commission and to have the outdoor hours to be consistent with the indoor hours, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Rich and Young NOES: Reynolds ABSENT: None ABSTAIN: None Chair Finch adlvised this action is final unless appealed in writing to the City Clerk within 10 calendar days. Campbell Planning Commission Minutes for November 10, 2015 Page 23 *** REPORT OF T'HE COMMUNITY DEVELOPMENT DIRECTOR Director Paul K:ermoyan had no additions to his written report except to advise that the meeting of November 24, 2015, has been cancelled. ADJOURNMENT The Planning Commission meeting adjourned at 11:06 p.m. to the next Regular Planning Commission Meeting of December 8, 2015 (the meeting of November 24, 2015, has beers cancelledw~~~~ SUBMITTED BY: rinn inn, Recording Secretary APPROVED B'Y: ~ Pamela Fin h ATTEST: Pau ermoyan, Secretary