PC Min - 03/14/2017CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. ~ TUESDAY
MARCH 14, 2017
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of March 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: Chair: Yvonne Kendall
Vice Chair: Michael L. Rich
Commissioner: ~ Cynthia L. Dodd
Commissioner: Philip C. Reynolds, Jr.
Commissioner: Andrew Rivlin
Commissioner: Donald C: Young ,
Commissioners Absent: Commissioner: JoElle Hernandez
Staff Present: Community Development ~ .
Director: Paul Kermoyan
Senior Planner: Daniel Fama
City Attorney: William Seligmann
Recording Secretary: Corinne Shinn
APPROVAL OF MINUTES
Motion: Upon motion by ~ Commissioner Reynolds, seconded by
Commissioner Dodd, the Planning Commission minutes of the
meeting of February 28, 2017, were approved as submitted. (6-0-1;
Commissioner Hernandez was absent)
Campbell Planning Commission Minutes for, March 14, 2017 Page 2
COMMUNICATIONS
1. Staff memo for Item 1 with revised condition of approval.
AGENDA MODIFICATIONS OR POSTPONEMENTS
None
ORAL REQUESTS
None
***
PUBLIC HEARINGS
Commissioner Reynolds advised that he must recuse from this item due to a
campaign contribution received from the applicant during his Council run. He left the
dais and chambers.
Chair Kendall read Agenda Item No. 1 into the record as follows:
1. PLN2015-247 Public Hearing to conduct aone-year review of a previously
modified Conditional Use Permit (PLN2015-247) to evaluate
the extended "late-night" closing time (11:30 PM, daily) of an
approved restaurant and bar (The Vesper) and to consider
the applicant's request to modify the Conditional Use Permit
to further extend the closing time to 12:00 AM, daily, on
property located at 394 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: Daniel Fama, Senior
Planner
Mr. Daniel Fama, Senior Planner, presented the staff report.
Chair Kendall asked if there were questions of staff.
Commissioner Rich asked if the last new patron, who must arrive by 11:30 p.m., can
order alcohol after 11:30 p.m.
Planner Daniel Fama replied yes.
Commissioner Rich asked if there are other establishments with alcohol service in the
Downtown that must close before midnight.
Planner Daniel Fama replied The Socialight.
Campbell Planning Commission Minutes for March 14, 2017 Page 3
Commissioner Rich asked if The Socialight closes at 11 p.m.
Director Paul Kermoyan said that The Socialight used to close at 11 p.m. but their use
was modified last year to allow closure at 11:30 p.m. to be consistent with The Vesper.
Chair Kendall asked if the use permit already states that live entertainment must stop
by 10 p.m.
Planner Daniel Fama replied yes.
Chair Kendall opened the Public Hearing for Agenda Item No. 1:
Larry Schaadt, Applicant:
• Said he was available for any questions.
• Advised that the main reason they seek an additional 30 minutes of operational
hours each day, is to allow their patrons sufficient time to finish their food and drink
up to midnight.
• Added that they are willing to stop serving any additional alcohol after 11:30 p.m.
• ,Pointed out small restaurants such as theirs, which are owner operated, are not the
cause of problems in the Downtown. These business owners are on site to make
sure everything goes well within their establishment.
• Reminded that while most of the Downtown restaurants have a fair amount of
outside seating, they only have six seats outside. Therefore about 99 percent of
the time, they operate fully within their establishment.
• Added that there is no risk to the City to let him try this expansion of hours out
since the use permit allows their use to be brought back before the Planning
Commission in the event there are problems resulting from their operation.
• Reiterated that the extra 30 minutes is very important to~their business.
Chair Kendall closed the Public Hearing for Agenda Item No. 1.
Commissioner Young:
• Said that the one-year trial period that The Vesper just completed shows what this
operation is like. We can see whether there had been any code problems or calls
for services, which there had not been. `
• Reminded that the Police Department is supportive of this extension of hours as is
Public Works with an added condition of approval for liability insurance covering
the outside seating.
• Stated that he has no concern allowing this business to operate until midnight as
long as the live entertainment ends by 10 p.m.
Commissioner Rich:
• Said he has similar comments to Commissioner Young.
• Agreed that the fact that the Police Department supports this request and it is in
compliance with the Downtown Campbell Alcohol Policy, he will support this
request.
Campbell Planning Commission Minutes for March 14, 2017 Page 4
Commissioner Dodd said she would support"this as well given this business has been
following their conditions of approval as approved for a year.
Commissioner Rivlin agreed
Chair Kendall:
• Admitted that at the time of original approval she was a bit squeamish since at that
time Council had concerns about the level of alcohol-serving businesses within the
Downtown.
• Said that things have since settled down.
• Stated that she has no problems or concerns at this time'with this request. This is
a good solid business.
Commissioner Rivlin:
• Said that a responsible operator such as this will help set the tone for other
operators in the future. ,
Motion: Upon motion of Commissioner Rich, seconded by Commissioner
Dodd, the Planning Commission adopted Resolution No. 4369
determining compliance with an approved Conditional Use
Permit (PLN2015-247) and approving a Modification (PLN2017-71)
to extend the closing. time of the existing restaurant and bar from
11:30 p.m. to 12 a.m. daily, on property located at 394 E.
Campbell Avenue, subject to the conditions of approval, as
amended with the inclusion of an addition Public Works
condition, by the following roll call vote: .
AYES: Dodd, Kendall, Rich, Rivlin and Young
NOES: None
ABSENT: Hernandez
ABSTAIN: Reynolds
Chair Kendall advised that this action is final unless appealed in writing to the City
Clerk within 10 calendar days.
Commissioner Reynolds returned to the chambers and dais at the conclusion of Public
Hearing Item 1.
***
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Paul Kermoyan added to his written report as follows:
• Advised that the recent decision of the Planning Commission for the expansion of
the Opa site was appealed on Friday.
• Added that the appeal of that action is scheduled for Council on April 4, 2017, to
consider both the appeal and the request for the Parking Modification Permit.
Campbell Planning Commission Minutes for March 14, 2017 Page 5
ADJOURNMENT
The Planning Commission meeting adjourned at 7:50 p.m. to the next Regular
Planning Commission Meeting of March 28, 2017.
SUBMITTED BY:
orinne Shinn, Recording Secretary
_ ~ ,/
APPROVED BY: / ~~ p~~ ~~ ~~~`
~~ ~ G i~
Yvonne Kendall, Chair
ATTEST:
-Paul ermoyan, Secretary