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PC Min - 02/14/2017CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. FEBRUARY 14, 2017 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of February 14, 2017, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Kendall and the following proceedings were had, to wit: ROLL CALL Commissioners Present Commissioners Absent: Vice Chair: Staff Present: Community Developn Director: Senior Planner: Planning Technician: City Attorney: Recording Secretary: Yvonne Kendall Cynthia L. Dodd JoElle Hernandez Philip C. Reynolds, Jr. Andrew Rivlin Donald C. Young Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Michael L. Rich gent Paul Kermoyan Cindy McCormick Naz Pouya William Seligmann Corinne Shinn APPROVAL OF MINUTES Motion: Upon motion by Commissioner Young, seconded by Commissioner Reynolds, the Planning Commission minutes of the meeting of January 24, 2017, were approved as submitted. (4-0-1-2; Commissioner Rich was absent and Commissioners Dodd and Rivlin abstained) Campbell Planning Commission Minutes for February 14, 2017 Page 2 COMMUNICATIONS Director Paul Kermoyan listed the table items distributed: 1. Table item (1 communication) for Agenda Item 2 2. Table items (6 communications) for Agenda Item 3 AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None *** PUBLIC HEARINGS Chair Kendall read Agenda Item No. 1 into the- record as follows: 1. PLN2016-333 Continued Public Hearing (from the meeting of January 24, 2017) to consider the application of Brian Skarbek for a Site and Architectural Review Permit (PLN2016-333) to allow facade changes on property located at 296 E. Campbell Avenue. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Naz Pouya, Planning Technician Ms. Naz Pouya, Planning Technician provided the staff report. Chair Kendall asked if there were questions of staff. There were none. Chair Kendall opened the Public Hearing for Agenda Item No. 1. Brian Skarbek, Applicant: • Said that he agrees with SARC's findings that the facade needs to flow with the rest of the building a little better. • Reported that the business owner is not the building owner. He has no right to remove the wood siding and replace it. with stucco. • Explained that the application of distressed wood accomplishes the adding of visual interest for those who pass by. • Opined that between the two options offered, the lower one looks a lot better. • Stated that they are asking for Option 2 that incorporates white trim like that on the neighbor's frontage and helps frame out the areas with distressed wood. • Said that he "gets" that this is a large area of the frontage covered with the distressed wood. Campbell Planning Commission Minutes for February 14, 2017 Page 3 • Said that it would not be desirable to have three different materials (stucco, painted wood and reclaimed wood). - • Reiterated that stucco is not an option. • Stated that Option 2 fits within the Ordinance standards the best out of all options offered. Commissioner Hernandez: • Clarified with Mr. Skarbek that the reclaimed wood is already installed. • Stated that means that the wood was installed without permission by the owner and the owner will not grant permission to install stucco. Brian Skarbek said that the property owner allowed them to put in the distressed wood. Commissioner Hernandez clarified that is the area that is brown. Brian Skarbek said he is "open" to suggestions including paint that matches the adjacent Willard Hick's. Gray paint would be better. Commissioner Hernandez agreed that gray paint would look better than the current brown. Brian Skarbek said that it is difficult to have a cohesive look. Chair Kendall: • Directed a question to Planner Naz Pouya. Since the staff recommendation is for Option 4, what is staff's opinion if some of the reclaimed wood is removed but the existing siding simply be painted. There will be fewer colors but different colors. Planner Naz Pouya replied that description makes it similar to Option 1. Chair Kendall asked about the potential for Option 4 but painting everything the same color. Planner Naz Pouya said it would also include reducing the number of materials. Director Paul Kermoyan: • Said that there seems there is a disconnect between the tenant and the property owner. • Reminded that the property owner is responsible for the unpermitted wood siding. • Pointed out that Option 1 is the reverse of Option 4. Both have limits in materials and ties in with color. There are different ways to do that. • Added that the Commission could objectively find that the current use of distressed wood is fine "as is". Commissioner Rivlin asked if retaining the reclaimed wood would equal a precedent for the downtown. Is there any risk for that? Campbell Planning Commission Minutes for February 14, 2017 Page 4 Planner Naz Pouya said that the use of reclaimed wood was briefly discussed as an accent material but not as the predominate material. Director Paul Kermoyan: • Cautioned that if every frontage in the downtown goes to the use of reclaimed wood facades, that represents a deviation for the Historic Downtown Campbell and the image sought via the Downtown Plan. • Reminded that this installation was unpermitted. • Concluded that this is a challenge. Phil Cushman, Owner, Warm Elements: • Stated his appreciation for being heard this evening. • Apologized for moving forward with his facade upgrade without advance City approvals. • Said that he likes the way the building is trimmed out with Option 2. • Explained that his business specializes in reclaimed wood products that are rustic in appearance. • Reported that he came to Downtown Campbell in 2005. with his business then called House of Brass. He has been in business for 42 years. It is a destination store. He recently changed the business name from House of Brass to Warm Elements to better reflect what they sell today. • Recounted that he has heard only "rave" reviews on these recent building changes. This is a look that he is hoping to keep. • Said that his business differs from most others in the downtown that are predominately restaurants. Commissioner Dodd suggested use of the yellow color paint instead of the current brown. She said that she supports Option 4 without the inclusion of stucco. Commissioner Reynolds said he sides with Option 2. Chair Kendall closed the Public Hearing for Agenda Item No 1. Commissioner Reynolds: • Advised that his first thought was Option 2 as the use of white trim accents the wood. • Admitted that he is a big fan of the show, Barn Builders. • Stated that use of wood fits in with the heritage of Campbell when there were canneries in the community. • Said that he thinks the use of reclaimed wood for this facade's is an accent and not a detriment to the downtown. • Suggested that the Planning Commission should work with this business as a part of doing more to attract retail to the downtown. • Concluded that he would support Option 2 Commissioner Young: Campbell Planning Commission Minutes for February 14, 2017 Page 5 • Said that he looks at the draft findings. • Agreed that the Downtown Development Plan doesn't call out distressed wood. • Stated that using the guiding documents, Option 4 is the best choice. Commissioner Dodd: • Pointed out that the property owner didn't make these changes but rather the tenant did. • Said that while the Commission can ask that this tenant take it down, she is not sure the Commission has the_ability to make it a requirement of the property owner. Director Paul Kermoyan: • Informed that the property owner did sign the application for this evening's request. • Added that the decision of the Commission could be contrary to the applicant's preference. Commissioner Dodd: • Asked if the property owner knows that signing the application allows the Commission to impose changes to the facade. • Said that she could support Option 4. Commissioner Hernandez:- • Said that Option 4 is her preference. • Reminded that reclaimed wood is not a listed material in the Downtown Plan. • Added that if that can't be done, she would suggest removing the reclaimed wood and it goes back to where it was. • Said that alternately if not Option 4, she is okay with Option 1. • Suggesting painting the sides yellow like the top since it looks choppy the way that it currently is. Commissioner Rivlin asked about the potential for compromise. Chair Kendall: • Said she finds Option 4 to be appealing. Apart of the Historic Downtown is retaining its historic look. • Stated that the blue awning with modern wood look is more jarring to the eye than a pale yellow over a lot of it. • Suggested that rather than requiring them to remove the original siding for replacement with stucco that the existing siding simply be painted yellow to match the balance. Commissioner Rivlin said that Option 4 makes the most sense and leave the upper portion as a "sign". Commissioner Young said that he has no problem maintaining the upper wood as an accent but it is important to not call that area signage. He pointed out that it seems most of the Commissioners support Option 4. Campbell Planning Commission Minutes for February 14, 2017 Page 6 Motion: Upon motion of Commissioner Young, seconded by Commissioner Rivlin, the Planning Commission adopted Resolution No. 4359 approving Site and Architectural Review Permit (PLN2016-333) to allow facade changes (Option 4) with the following modifications to the conditions of approval: • Modify Condition 1 to add that the white trim be modified to allow the retaining of existing siding under reclaimed wood and painted a contiguous color, on property located at 296 E. Campbell Avenue, by the following roll call vote: AYES: Dodd, Hernandez, Kendall, Rivlin and Young NOES: Reynolds ABSENT: Rich ABSTAIN: None Chair Kendall advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Kendall read Agenda Item No. 2 into the record as follows: 2. PLN2016-283 Public Hearing to consider the application of Daniel Warren for a Site and Architectural Review Permit (PLN2016-283) to allow an addition to an existing single-family residence on property located at 872 Old Orchard Road. Staff. is recommending that this item 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 Ms. Cindy McCormick, Senior Planner, presented the staff report. Chair Kendall asked if there were questions of staff. There were none. Commissioner Young provided the Site and Architectural Review Committee meeting report as follows: • SARC considered this application at its meeting earlier this evening (February 14, 2017). • Said that SARC offered the opportunity for the applicant to extend the use of stone material linearly. That is just an open suggestion. • Concluded that SARC found this to be a really great project. Chair Kendall opened the Public Hearing for Agenda Item No. 2. Tracy Adams, Property Owner: Campbell Planning Commission Minutes for February 14, 2017 Page 7 • Thanked the Commission for its time and Cindy McCormick for her work on this project with his wife, Jennifer. . • Stated he was available for any questions. Chair Kendall closed the Public Hearing for Agenda Item No. 2. Commissioner Hernandez stated that this is a great project. She added that she appreciates these owners keeping their home in a California Ranch architectural style within asingle-story. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Young, the Planning Commission adopted Resolution No. 4360 approving a Site and Architectural Review Permit (PLN2016-283) to allow an addition to an existing single- family residence on property located at 872 Old Orchard Road, by the following roll call vote: AYES: Dodd, Hernandez, Kendall, Reynolds, Rivlin and Young NOES: None ABSENT: Rich ABSTAIN: None Chair Kendall advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. ~~~ Chair Kendall read Agenda Item No. 3 into the record as follows: 3. PLN2017-018 Public Hearing to consider a City-initiated Modification/Revocation (PLN2017-018) of a previously- ' approved Conditional Use Permit (PLN2015-261) for an existing restaurant use with general alcohol service, live entertainment, and late operational hours (currently operating as "The Spot") on property located. at 201 Orchard City Drive. Staff is recommending that this item 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 Ms. Cindy McCormick, Senior Planner, presented the staff report. Director Paul Kermoyan: • Offered a follow up on the conditions. The outdoor patio has hours of operation but no approval for a bar on the patio, and the adjacent property needs a CUP. Campbell Planning Commission Minutes for February 14, 2017 Page 8 • Added that after research was done, it was determined that there are no use entitlements on the outdoor patio. That patio is actually City-owned and the patio must be removed. Their use of it was never discovered until now. • Said that per their ABC license, that area is not licensed for sale of alcohol. Commissioner Dodd pointed out that the back patio can only accommodate 16 patrons. She asked about encroachment on the patio. Director Paul Kermoyan said that a 1997 agreement was entered into between the City and the then-owner of the King's Head Restaurant, Sam Summerscales. There was a clause written into that agreement that it was non-transferable to future tenants of this restaurant location. Chair Kendall asked if there is any approved patio seating. Planner Cindy McCormick replied that no outdoor area has been approved for outdoor patio use. Commissioner Hernandez asked whether this business could continue to function as a restaurant if their CUP were to be revoked. Planner Cindy McCormick replied yes. They could still operate on site as a restaurant, staying open until 11 p.m. with just beer and wine service, not general alcohol, and no live entertainment. The Planning Commission can decide whether to vary the hours. Director Paul Kermoyan reminded that the Downtown Alcohol Policy strongly encourages midnight conclusion for alcohol services. Commissioner Reynolds asked staff to explain the 2011 Council Resolution for this location. He asked if a Council resolution supersedes a Planning Commission resolution. City Attorney William Seligmann: • Explained the differences between a Live Entertainment Permit and a Conditional Use Permit (CUP). The applicant has to comply with both. Added that the only way to comply with both resolutions is to comply with the strictest one. Commissioner Reynolds asked how the Police Department verifies an occupancy violation. How are head counts done? Capt. Joe Cefalu, Campbell ,Police Department: • Replied that taking an occupancy count is very simple. Using a counter, one simply counts bodies. • Added that PD often simply asks the person manning the front what their count is. Commissioner Hernandez asked if it is the practice of PD to make contact with the facility manager when they arrive to do occupancy verification. Campbell Planning Commission Minutes for February 14, 2017 Page 9 Capt. Joe Cefalu said that PD does bar checks downtown all the time. They talk to the person at the front. If everything looks okay, PD moves on to the next location. Commissioner Hernandez asked Capt. Cefalu what if a crime is discovered. Does the officer file a report? Capt. Joe Cefalu said that if a violation of use is discovered, the officer lets their supervisor know. PD then forwards information about the violation on to Community Development Director Paul Kermoyan. Commissioner Hernandez asked if there have been visits to this business since the one on January 28, 2017. Capt. Joe Cefalu replied yes. They have gone back a couple of times or approximately once per week. Commissioner Hernandez asked if any violations had been discovered. Capt. Joe Cefalu replied not to his knowledge. Commissioner Dodd asked if PD keeps a log of calls for service to avoid confusion with different establishments. Capt. Joe Cefalu: • Replied yes. Sgt. Livingston went through every single call to narrow down which calls were associated with a particular business. • Reported that calls for service are addressed with the closest known address/street number to get officers there. • Said that in spite of the fact that this location is considered a restaurant, The Spot has a significantly higher level of calls for service than do other nearby restaurants. • Other establishments, such as Khartoum, will call into the police department if there is a problem, which allows the problem to be resolved. However, The Spot does not call the police because they do not want to log the call for service. Director Paul Kermoyan said that there is a level of responsibility for all security guards on site deal with problems as much as possible. Commissioner Reynolds asked if all DT restaurants are required to have their own security. Chair Kendall questioned why a restaurant needs security. Commissioner Reynolds asked if there are other restaurants in Downtown Campbell with their own security. Capt. Joe Cefalu said that the only other one is Katie Bloom's. Campbell Planning Commission Minutes for February 14, 2017 Page 10 Chair Kendall opened the Public Hearing for Agenda Item No. 3: _ Aaron Crites, The Spot Business Owner together with Jared Gallo: • Asked for verification whether the Commission received the information he submitted this week. • Said he wanted to point out a few facts. • Pointed out that The Spot is a 10-year-old business within Campbell. • Reported that three verified complaints were brought to their attention by the City at the end of 2016, and now they back before the Planning Commission. • Explained that they took over The Spot location in 2008. • Added that Live Entertainment Permits don't pass along to new owners. • Reported that in 2011 a permit was issue for The Spot to operate on Sunday to p.m. It didn't leave outside seating as different from other seating. • Advised that it takes three years to get a Live Entertainment Permit. • Said. that other than 8 p.m. close, there were no other restrictions on the outside patio hours. • Said that they watched the Council meeting video and no restrictions .were articulated at that meeting. • Stated that they went back to the Planning Commission last year. • Opined that modifications to their use were not warranted and they should be reverted back to their previous conditions and their fine amount refunded to them. • Pointed out that Director Paul Kermoyan had written in an email that there were "no issues from this business' inside uses." • Admitted that he hadn't been aware of the limitation of four band members. • Stated his belief that they never should have been brought back forth before the Planning Commission last year. • Questioned whether the 5 p.m. hour ever pertained to them. Director Paul Kermoyan: • Replied yes. • Added that Mr. Crites is under the impression that the resolution doesn't apply to them but it does. • Explained that there are two parts. One is the Planning Commission's Conditional Use Permit. The other is the Live Entertainment Permit processed by PD through the Council. City Attorney William Seligmann added that the hours are included in the CUP which runs with the land. The hours are in perpetuity for the initial applicant and all future property owners. Aaron Crites: • Asked whether when the Live Entertainment Permit was approved after the fact (2011) to allow to 8 p.m., doesn't that supersede and add to the previous CUP? • Said that he was blindsided by the revocation of their Live Entertainment Permit. • Added that they feel discriminated against at the least. • Reported that on February 4t", the officer did a count using a counter and reached 157. Campbell Planning Commission Minutes for February 14, 2017 Page 11 • Advised that they offer the same menu from open to close including specials. Their menu is just as big as any other restaurant. • Stated that the city now wants to take away their patio. • Reminded that an agreement for use of the patio was arranged 20 years ago by the former owner (Sam Summerscales). Why was this error never discussed before now? • Said that the main issue is security and they have one security guard per 50 patrons. Commissioner Young asked Mr. Crites why they are only open two days a week. Aaron Crites replied that is recent. Business has been slower. Commissioner Young asked Mr. Crites if The Spot is a bar, nightclub or restaurant. Jared Gallo replied, "Both, like the previous use." Aaron Crites pointed out that plans from 1997 included the patio. Commissioner Young asked the applicants if they think all PD service reports are compromised. Jared Gallo replied not all, but the occupancy related ones, yes Commissioner Young asked who counts the occupancy. The Spot employees? Aaron Crites replied yes. Commissioner Dodd pointed out that the applicant had mentioned a cocktail station out on the patio. What is the difference between a cocktail station and a bar? Aaron Crites replied that a cocktail station has more limited options than a bar does. Commissioner Dodd asked if there is a cocktail station upstairs too. Aaron Crites said both bars indoors are fixed bars. Jena Blancato, Campbell Resident: • Stated that she has been listening to everything and is embarrassed for Campbell. "It is mind boggling!" • Questioned how these business owners were supposed to know that the City owned the outdoor patio if the City didn't even know. • Said that the question remains about the approved entertainment hours on the patio. Do they end by 5 p.m. or by 8 p.m.? • Advised that she evaluated all the PD calls, which are public record. • Accused one person, who lives across the street, as making most of the complaint calls against The Spot. Campbell Planning Commission Minutes for February 14, 2017 Page 12 Rob Ekes, Campbell Resident: • Said a minor point is to question that office/storage uses are not allowed uses. Most businesses have an office and storage. • Stated that the owner has proven ownership of the patio. • Admitted that while he can understand that the City services are stressed at night it is up to the City to grow in order to accommodate businesses as they grow. • Pointed out that there is amplified music at Khartoum, Katie Bloom's and Cardiff among others. Lt. Dan Livingston: • Explained his process for evaluating raw data from calls for service. • First he focused on the two days a week The Spot is open. • Next he went through all calls. • He spoke with involved officers. • He watched body camera video. • Advised that he only used 20 events relating to The Spot. • Said that prior bar checks were done on 3/19/16, 3/20/16, 6/23/16. • Stated that on 3/20/16, The Spot's doorman confirmed the occupancy at 250 to 300. • Clarified that of the 20 calls he evaluated pertaining to The Spot, not a single one was reported in by the lady living across the street as claimed by a public speaker this evening. Chair Kendall closed the Public Hearing for Agenda Item No. 3. Commissioner Dodd asked if the Conditional Use Permit allowed for two bars. Director Paul Kermoyan said that the CUP originally approved included just a portion of the patio. The portion owned by the City was just discovered. The small patio there coincides with the 2008 Alcohol Beverage Control (ABC) license. Said that the maximum occupancy is 150 and there seems to be a disconnect there. Commissioner Dodd: • Asked to see the picture of the interior of The Spot. • Stated that it is the responsibility of a business owner to make sure their facility is being used as approved. • Said that looking at that photograph, she is concern that it doesn't look like a restaurant that is easy to get through for reasons such as to gef'to the restrooms. Commissioner Reynolds: • Said this is a tough one. Alcohol issues often are. • Stated for the record that the most disturbing thing he read was a comment made by a lady who was not coming to the public hearing due to aggressive behavior that made her feel unsafe. That is unacceptable! • Pointed out that the perception of safety for woman is one big reason why the Downtown is so successful. That is a complement to our City. Campbell Planning Commission Minutes for February 14, 2017 Page 13 • Stated that there has been a lot of miscommunication on both sides. There is a serious lack of communication that goes way back. • Said it appears that we don't know what property we own as a City. • Questioned whether the City could be in violation of distributing alcohol on the patio it owns. City Attorney William Seligmann said that it applies to the operation of the business. There is something called "governmental immunity" that protects the City. Commissioner Reynolds: • Said that he has some recommendations to modify the conditions of approval. • Said it appears there may be a document from the approval of a use on the patio. • Recommended asix-month probationary period that would give the City, The Spot owners, and Campbell PD an opportunity to come to the table and clear everything up. There seems to be confusion on both sides. • Suggested giving this business an opportunity to survive, to operate in our City and thrive. They need a fair opportunity. Punishing them is the wrong move. They're not angels. All parties need to come to understanding. • Stated that calls for service are frustrating for lots of business. • Said that one business is accused by many of being the cause of lots of calls for service. • Assured that he would not hesitate to shut down a business if they are a bad business. Commissioner Young: • Said that a lot of information has been provided. The history is confusing. • Said that the Commission cannot wait six-months on the public safety element of this discussion. • Stated that several revocation/modification discussions have occurred in the past. • Suggested looking at this and provide the most linear and reasonable operations. • Said that staff has given us something kind of tight. • Said he is leaning to a 12 a.m. closing. This is a restaurant that appears to be more of a bar environment. • Advised that the outside patio is a point of discussion and is not in line with the CUP and ABC permits. • Said that he is in favor of most of the staff-proposed recommendations except for the outdoor patio but he is open to hearing from others. Commissioner Hernandez: • Said that plenty of opportunity has been given to this business to operate within guidelines. • Said she looked at the findings and it is clear the findings support the revocation of this CUP. • Pointed out that this use was approved as a restaurant and is clearly operating more as a bar and club. Campbell Planning Commission Minutes for February 14, 2017 Page 14 • Reminded that The Spot would still be allowed to operate as a restaurant up to 11 p.m. No one has to lose their job. This can be a very successful restaurant in the Downtown. • Stated that she doesn't support the patio at all. That has to be cleaned up. A process is available. • Said that her support is for beer and wine service only. Commissioner Rivlin: • Said that the original plans depict 120 +/- seats which are in compliance with the occupancy of the building. • Stated that he wouldn't want to go to a restaurant with people standing around him. • Agreed that this location is not performing as a restaurant. • Said that if the exterior belongs to the City, there is a permitting process. • Pointed out that if the exterior moves forward, ,there is currently no provision for alcohol bar there. That too can be applied for. Commissioner Dodd: • Said that the Commission's goal is not to put a business out of business. • Stated that there has been a lack of responsibility or adherence to rules. • Said that she has never seen any other restaurant be allowed to set up separate cocktail station(s). • Said that she expects Campbell businesses to follow Campbell's rules. • Pointed out that there have been many meetings. Things should have become clearer. A business cannot simply do what it wants to do. • Admitted that she likes .having a restaurant there. It's a great location for a restaurant. • Reiterated the need to clear up the issue of the patio ownership and use. • Said it is important to provide the guidelines to help this business-move forward. Chair Kendall: • Cautioned to Commissioner Reynolds that the City doesn't need to be put on "probation" in regards to this use. • Said that as to the use of City-owned patio, as far as she can see .they have enjoyed "free rent" for a long time with their use of the patio. • Said that the outside space needs to be left unused in any way. • Stated that there should be no upstairs bar. • Added that there should be tables and chairs on the large currently open floor area. • Expressed agreement with Commissioner Hernandez that this business has been told time and time again. This Commission had a long conversation with them just a year and a half ago. There was no confusion as to how the Commission felt at the time but it seems the applicant felt we didn't lend enough clarity. • Opined that ,this business doesn't act like a restaurant that simply serves alcohol. That's what we need to have here - a restaurant. Commissioner Reynolds reminded that this Commission recently revoked a Conditional Use Permit with a 24 year track record of problems. They were granted a six-month probationary period. Campbell Planning Commission Minutes for February 14, 2017 Page 15 Director Paul Kermoyan: • Clarified that the Planning Commission revoked that CUP referenced by Commissioner Reynolds. That applicant then appealed their revocation. It became a legal conversation between attorneys. Then another company wanted to buy the property and assume the use of it. The appeal ultimately did not go to the City Council after all. • Said that the agreement between King's Head/Sam Summerscales and the City was entered into in 1998. • Stated that the City was incorporated in 1952: • Added that the City has had alleys since the 1800's but the City is just now determining who actually owns the alleys within the City's jurisdiction. • Pointed out that as staff leaves, the City loses institutional memory. • Stated that it is good that this land ownership of the patio area by the City was discovered as a result of the investigation of older records researched to prepare for this hearing. • Advised that it is not the Planning Commission's call on the issue of any new contract for use of the patio. That will be for the City Council to do with Mr. Crites. • Stated that clarity is a good thing. It is not confusing. Commissioner Young suggested a straw poll to see the direction the Commission is going toward. Chair Kendall asked each Commissioner and it seems most are ready to decide. Commissioner Young said he would support staff's recommendation. Commissioner Rivlin said that staff's recommendation seems right and doesn't change their operation. It could be reviewed again within a year. Director Paul Kermoyan: • Said staff's recommendation is to rescind/revoke the Live Entertainment and reconsider it in a year. • Pointed out that Live Entertainment is atwo-tiered approach. The first tier is to consider whether the property can support live entertainment. The second tier is to determine whether the operator can handle it. Commissioner Dodd clarified that the revocation means this use could only serve beer and wine. She pointed out that it is said that a restaurant needs to be able to serve hard liquor in order to be competitive. Director Paul Kermoyan ,said that staff is recommending they be allowed full spirits, that they close at midnight and must remove the back patio altogether. Chair Kendall added that the tables should be affixed in the currently open area. Director Paul Kermoyan said that one can mitigate issues with site design and physical improvements. Campbell Planning Commission Minutes for February 14, 2017 Page 16 Chair Kendall said that if we know the total number of seats at the tables and at the bar it is easy for PD to look inside this restaurant and see where they are as far as maximum capacity. Director Paul Kermoyan said that they could utilize either open tables or booths that are affixed to the ground in the currently open space area. Commissioner Rivlin: • Asked if they are being asked to remove the patio literally or just to put the patio out of use. • Said that there are three parts to consider for use of outside space. o Part A is the parcel belonging to the neighbor (in red). o Part B is the City-owned property. o Part C is the alcohol use/service in the exterior space. • Said that it is important to be in tune with clarity. Chair Kendall said that the original application was just for the interior use. Commissioner Hernandez: • Said that the floor plan indicates 125 inside seats, use of fixed tables and the vacating of the City-owned outdoor patio area. • Added that hours of operation are between 7 a.m. and midnight. Staff must vacate by 12:30 a.m. • Said that there should be no dance floor and more food. • In the event of a noise complaint, the music must be shut down immediately upon request by PD. Director Paul Kermoyan said that if the use of patio is allowed, there are several conditions of approval that need to be modified. Commissioner Rivlin: • Stated that if The Spot successfully meets these conditions of approval, there can be a review and possible changes. This would serve as a probationary type of period. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Dodd, the Planning Commission adopted Resolution No. 4361 approving a Modification (PLN2017-018) of a previously-approved Conditional Use Permit (PLN2015-261) for an existing restaurant use with general alcohol service, and late operational hours (currently operating as "The Spot") on property located at 201 Orchard City Drive, with the following modifications to the conditions of approval:. • Condition 1 -remove outdoor patio • Condition 2 -remove outdoor patio • Condition 10 -outdoor operations discontinued • Condition 12 -Strike subsections B and D Campbell Planning Commission Minutes for February 14, 2017 Page 17 • Condition 14 -designated patio area; by the following roll call vote: AYES: Dodd, Hernandez, Kendall, Young NOES: None ABSENT: Rich ABSTAIN: None %~~~ Chair Kendall 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 made the following additions to his written Director's Report. • Reported that two Commissioners have conflicts with an item on the next PC Agenda relating to 96 E. Rincon Avenue. They are Commissioner Hernandez and Chair Kendall. They will have to recuse from participation on that item. Vice Chair Rich will assume the gavel for that item. • Advised that there are four items for the February 28th meeting. ADJOURNMENT The Planning Commission meeting adjourned at 10:17 p.m. to the next Regular Planning Commission Meeting of February 28, 2017. SUBMITTED BY: orin Shinn, Recording Secretary APPROVED BY: ATTEST: Reynolds, Rivlin and ~/~ ;Yvonne Kendall, Chair / Paul erm n, Secretary