Loading...
PC Min 04/27/1999CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 27, 1999 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 27, 1999, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairman Jones, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Brad Jones Elizabeth Gibbons Tom Francois Joseph D. Hernandez Susan A. Keams Mel Lindstrom Dennis Lowe Commissioners Absent: None Staff Present: Associate Planner: Planner I: Planner I: City Attorney: Reporting Secretary: Tim J. Haley Aki Irani Barbara Schoetz Ryan William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Gibbons, seconded by Commissioner Kearns, the Planning Commission minutes of April 13, 1999, were approved. (4-0-3; Commissioners Francois, Lindstrom and Lowe abstained.) COMMUNICATIONS. 1. Miscellaneous letters regarding Agenda Item No. 1. 2. Revised Conditions of Approval for Agenda Item No. 1. Planning Commission Minutes of April 27, 1999 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS Mr. Don Pederson, Member, Santa Clara County Planning Commission: Extended a personal invitation to the Commissioners to attend the Santa Clara County Planning Commission's Second Annual Workshop scheduled for May 3, 1999, from 3 to 7 p.m. with a social hour afterwards. Assured that the speakers lined up were good ones. PUBLIC HEARING Chairman Jones read Agenda Item No. 1 into the record. 1. UP 99-01 Brisker, E. Public Hearing to consider the application of Mr. Efim Brisker, on behalf of Red Square Restaurant, for approval of a Conditional Use Permit (UP 99-01) to allow an on-sale general liquor license, live entertainment and operational hours beyond 11 p.m. in conjunction with an existing restaurant on property located at 1740 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that the applicant, Mr. Efim Brisker, is seeking approval of a Conditional Use Permit to allow for a general liquor license, live entertainment and hours of operation after 11 p.m. on Fridays, Saturdays and special holidays in conjunction with a new Russian restaurant. · The proposed use will occupy 2,100 square feet and include 60 seats. · The previous uses were various Chinese restaurants. · The building is 30 to 40 years old. · Nineteen parking spaces are dedicated to this use · The applicant operates a Russian deli and caf6 on the adjacent property. · Staff recommends that the Commission adopt a Resolution approving an on sale general liquor license, live entertainment and late hours of operation. · The Conditions of Approval outlines noise issues. One condition provides for the Community Development Director to adjust the late hours of operation in the event that substantiated noise complaints are received as a result of this use. Commissioner Gibbons sought clarification that the Live Entertainment Permit would be issued through the Police Department. Mr. Tim J. Haley advised that the Live Entertainment Permit requires both Planning Commission and City Council action. The Police Department processes the Live Entertainment Permit through Council after Planning Commission action. Planning Commission Minutes of April 27, 1999 Page 3 Commissioner Gibbons clarified that the applicant seeks a general liquor license and hours to 2 a.m. Mr. Tim J. Haley advised that this is correct. Chairman Jones opened the Public Hearing for Agenda Item No. 1. Ms. Rimma Brisker, Applicant: · Advised that they have operated their deli since 1987, serving Russian and European food, as well as items from New York and Chicago, Greece, Poland, Turkey, Russia and other places. · Stated that many of their customers come some distance to patronize their deli, which offers a homey atmosphere. Added that many of their customers have requested expanded hours. · Informed that they have never created any problems and have never received any complaints as a result of their business. · Said that there will be no separate bar and that this is not a nightclub. Their clientele is older, generally 35 years and older. · Advised that they have installed double paned windows in the new location. · Asked for the support of the Commission in approving their request. Commissioner Francois asked about their current hours of operation and for more information about the live entertainment aspect of their new proposed business. Ms. Rimma Brisker advised that they currently operate from 11 a.m. to 8 p.m., seven days a week and serve lunch and dinner. The live entertainment is simply music for their patrons while they dine. Commissioner Gibbons asked if the music would be amplified or acoustic, whether speakers would be used and how often the live entertainment would be provided. Ms. Rimma Brisker said that music would be provided by a singer accompanied by a keyboard and only on Friday, Saturday and special holidays. She added that their restaurant is considered a second home by many of their customers. Commissioner Gibbons sought clarification as to whether this new use is a restaurant or a bar. Chairman Jones asked if outdoor seating would be offered. Ms. Rimma Brisker assured the Commission that this is to be a restaurant with no separate bar. Liquor will be served to customers at tables. No outdoor seating will be offered. Ms. Barbara Lynch, Resident, 1 Garrison Way, Campbell: · Stated that this location does get noisy at times. · Advised that her residence is within 15 feet of the back door of this site. Planning Commission Minutes of April 27, 1999 Page 4 Mr. Joe Long, 14363 Saratoga Avenue, #103, San Jose: · Advised that he is representing his mother, who owns the adjacent apartment complex to the rear of the subject site. · Stated that they strongly oppose this use which is 30 feet away from peoples' bedroom windows while the parking is 10 feet from the same bedroom windows. · Stated that he takes exception to the staff report particularly that this proposal does not represent an intensification of the previous use. Half of the site parking is directly adjacent to apartments. · Said that he did not believe the necessary findings to support his use can be made. · Stated that in his opinion this is a nightclub with food. · Advised that trash has always been a problem with this site. The trash container is located right next to the wall. · Stated that noise outside of the building is not being addressed by the Conditions of Approval. · Asked that the Commission not approve this application. Commissioner Francois asked how long Mr. Long's family has owned the apartments. Mr. Joe Long advised that his family has owned the property since 1963. Mr. Bret Carpenter, Resident, 4 Garrison Drive, Campbell: · Advised that he is a tenant adjacent to the proposed site. · Stated that the trash smells bad and is stored 15 feet from his front door. Informed that noise from Riccardo's, which closes at 9 p.m., is heard from his home as the employees leave after work. · Expressed concern about the potential for lbitering and about trash that is thrown over the fence. · Stated that there are many kids living in the complex who could be disturbed by noise. · Said that 2 a.m. is too late and the site is too close to residential uses. · Said that this use will be loud and obnoxious. Mr. Thomas Stillbeck, Resident, 15 Garrison Drive: · Advised that his 92 year old neighbor is concerned. · Stated that most people would not want to live within 20 feet of a nightclub. Commissioner Lowe asked whether this restaurant would be a separate businesses from the existing deli. Mr. Tim J. Haley advised that they are two separate uses, two separate buildings and that there is no doorway between the two. Commissioner Francois asked the number of seats proposed. Planning Commission Minutes of April 27, 1999 Page 5 Mr. Tim J. Haley advised that the restaurant would seat 60. Commissioner Francois asked what type of music and instruments would be played. Ms. Rimma Brisker advised that they would have a singer with a keyboard. This is no nightclub. Admitted that the garbage bin used by the previous restaurant did smell terrible. Stated that they did not want nor anticipate problems with their neighbors. Added that the kitchen would separate the diners from the rear neighbors. Commissioner Kearns asked if 11 p.m. might not be late enough to operate. Ms. Rimma Brisker advised that 11 p.m. was not late enough to serve their clients. Added that this is not a nightclub and that the parking off of Winchester was adequate to prevent the need to park adjacent to the apartments. Commissioner Francois asked about the age of the clientele. Ms. Rimma Brisker stated that their clientele is generally 35 years or older. Commissioner Gibbons asked if there were windows in the kitchen and whether the building was air conditioned, explaining that the need to prop open a door or window for ventilation could cause noise disturbance to the neighbors. Ms. Rimma Brisker answered that there were no windows in the kitchen and that the building is served by two air conditioning units. Commissioner Lowe asked about the lighting program. Ms. Rimma Brisker advised that the outdoor lighting would be directed toward Winchester Boulevard. Chairman Jones asked about surrounding liquor establishments. Mr. Tim J. Haley advised that Riccardo's has a beer and wine license as does the Russian Deli and there are general liquor licenses for the restaurants across Winchester. Commissioner Hernandez asked for clarification of the distance between the project site and the adjacent apartments. Mr. Tim J. Haley answered that from the site to the wall there is a 20-foot setback and approximately a 10-foot setback between the wall and apartments. Commissioner Lindstrom asked how long this site has been occupied by restaurants. Planning Commission Minutes of April 27, 1999 Page 6 Mr. Tim J. Haley answered that the site has been occupied by restaurants for the 20 years he has been with the City of Campbell. Commissioner Kearns asked about the hours of operation for the previous tenant. Mr. Tim J. Haley advised that the previous restaurants did not have a Use Permit to operate beyond 11 p.m. Mr. Rich Carpenter, Resident, 4 Garrison Drive: · Said that there is not enough parking at the front of the building for a 60-seat restaurant and that parking would have to occur at the rear of the building. · Stated that he does not see the need to stay open beyond 11 p.m. · Said that the trash container is 10 feet from his bedroom window. Commissioner Francois stated that the Conditions of Approval have explicit standards regarding noise that will protect the neighbors. Commissioner Hernandez stated his concern regarding the 2 a.m. closing time. Since employees are to park at the rear of the restaurant, they likely will make noise as they depart after closing at 2 a.m. Added that 2 a.m. seems late due to the proximity to apartments. Commissioner Lindstrom agreed with Commissioner Hernandez and suggested that a 12 a.m. closing time would be better. Mr. Tim J. Haley: · Advised that the Commission could approve this use on a temporary basis and have the applicants come back for final approval. · Added that the Live Entertainment Permit would go forward to Council once the applicants apply through the Police Department. · Informed that the general liquor license and operational hours are final at Planning Commission level. Commissioner Lindstrom added that an appeals process is available, that no exterior speakers would be installed and that he is in support of a 12 a.m. closing time rather than 2 a.m. Commissioner Lowe added that he concurs with 12 a.m. over 2 a.m. Commissioner Gibbons advised that noise issues are well handled through the Conditions of Approval but that the real issue is noise outside and how it is handled. Said that this is a valid concern and expressed support for a one year trial approval allowing operation to 12 a.m. Suggested allowing 2 a.m. closings on the 10 special holidays as a trial sample of the impact on the neighborhood. Commissioner Kearns stated that this was an interested concept. Planning Commission Minutes of April 27, 1999 Page 7 Mr. Joe Long, 14363 Saratoga Avenue, San Jose: · Stated that the Conditions of Approval do not really address noise issues outside of the building. City Attorney William Seligmann advised that the Commission can modify the Conditions of Approval to handle exterior noise issues. Mr. Tim J. Haley, Associate Planner, suggested adding language to Condition 13-D "and/or surrounding parking areas." Mr. Bret Carpenter, Resident, 4 Garrision Drive: · Advised that they can hear cars on Winchester. Stated that they are concerned about noises from outside the restaurant rather than noises from inside. Commissioner Lindstrom advised that he has an 18-unit apartment complex directly behind his home and that he hears cars coming and going all the time. Stated that everyone does not work the same schedule and that he has learned to adjust to the normal noises of people coming and going from their homes. Added that he was at the project site for 30 minutes today. The site has been occupied by restaurants for years. Chairman Jones closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3223 with added language to Condition No. 2 "up until one year from the date of approval" and to Condition No. 13-D "and/or surrounding parking areas" approving a Conditional Use Permit to allow general on-sale liquor sales, hours of operation to 12 a.m. on Fridays, Saturdays and 10 special holidays and live entertainment in conjunction with a restaurant (Red Square Restaurant) on property located at 1740 S. Winchester Bouelvard, by the following roll call vote: AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom, Lowe NOES: None ABSENT: None ABSTAIN: None This approval is final unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley advised that the Live Entertainment Permit would be processed by the Police Department through the City Council. Planning Commission Minutes of April 27, 1999 Page 8 Chairman Jones read Agenda Item No. 2 into the record. R 99-01 (UP 98- O~/S 98-0~) Gera/Stoddard Public Hearing to consider the application of Mr. Nick Gera and Mr. Bob Stoddard, for approval of an Extension (R 99-01) of a previously-approved Site and Architectural Permit (S 98-01) to allow the construction of a two-story, 33,600 square foot building as a restaurant/ brewery and banquet hall and Conditional Use Permit (UP 98-01) to allow extended hours of operation and on- sale general liquor service on property located at 200 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. A Negative Declaration was previously approved for this project. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Ms. Aki Irani, Planner I, presented the staff report as follows: · Advised that the applicants are seeking a one year extension, to May 19, 2000, of their Site and Architectural and Conditional Use Permit approvals to allow the development of a two- story restaurant and banquet facility and on-sale general liquor license. · The project was delayed due to financing considerations which have been worked out. · The applicants plan to begin construction in July 1999 and to have the project completed in November or December 2000. · The project site is on the southwest comer of S. Second Street and Campbell Avenue. · Advised that no changes in the previous approvals are sought with the exception of additional time. · Staff recommends approval of the extension. Commissioner Lindstrom sought clarification that no other specifics of the project have changed. Ms. Aki Irani advised that he was correct. Commissioner Keams asked for the completion date. Ms. Aki Irani stated that the applicants hope to have the project completed late in 2000. Chairman Jones opened the Public Hearing for Agenda Item No. 2. Mr. Pat Kirk, Resident, 180 S. First Street: · Advised that parking had been a problem 10 plus years ago when Downtown Campbell had many bars in operation and stated that parking will be a problem. · Stated that he has no problem with Stoddards. Mr. Bob Stoddard, Applicant: Planning Commission Minutes of April 27, 1999 Page 9 Agreed with Mr. Kirk's concern about parking but mentioned that he has signed a parking agreement which addresses parking issues. Stated that he is committed to his business goals in Downtown Campbell and looks forward to developing this location and that they needed to get their financing in place to proceed. This has occurred and the financing is now in place. Commissioner Gibbons asked if Mr. Stoddard had finalized any agreements with other Downtown property owners for shared parking agreements. Mr. Bob Stoddard advised that he is still working on these types of agreements and that Mr. Gene Lytle was interested in entering into an agreement. Chairman Jones closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3224 granting a one-year extension of Site and Architectural Approval (S 98-01) to allow the construction of a two-story, 33,600 square foot building as a restaurant/brewery and banquet hall and Conditional Use Permit (98-01) to allow extended hours of operation and on-sale general liquor service on property located at 200 E. Campbell Avenue, by the following roll call vote: AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom, Lowe NOES: None ABSENT: None ABSTAIN: None This approval is final unless appealed in writing to the City Clerk within 10 days. Chairman Jones read Agenda Item No. 3 into the record. o M 99-02 (UP 84-11) Lancaster, J. Public Hearing to consider the application of Mr. John Lancaster, on behalf of Exclusive British European, for approval of a Modification (M 99-02) to a previously approved Conditional Use Permit (UP 84-11) to allow retail auto sales and repair of vehicles in an existing building on property located at 2875 $. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Ms. Barbara Schoetz Ryan, presented the staff report as follows: Planning Commission Minutes of April 27, 1999 Page 10 · Advised that the applicant is seeking a Modification to a previously-approved Conditional Use Permit to allow sales and repair of vehicles at the front of an existing building. · The project site, consisting of two buildings, on the west side of Winchester Boulevard, south of Sunnyoaks Avenue. · The Zoning is General Commercial. · Surrounding uses include industrial across the street, commercial to the south, percolation ponds to the west, residences to the northwest and commercial to the northeast. · The tenant space is 4,500 square feet of which the applicant proposes to use 2,000 square feet for auto sales and 2,500 square feet for auto repair. There will be two employees, the owner and his wife. · There are no changes proposed for the building with the exception of signage. · The use is consistent with the General Plan designation of the property. · Fifteen parking spaces are assigned to this use. Another tenant on the property is utilizing more spaces that are assigned to them which the owner is working to correct. · There is one missing street tree and staff recommends that the applicant replace that tree as well as plant two additional trees. · This project is exempt from CEQA. · Staff recommends approval of a Modification to the Use Permit with the proposed Conditions of Approval. Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: · SARC found this to be an excellent example of a property owner working with the City to improve the uses of their site. · SARC is supportive of this application. Chairman Jones opened the Public Hearing for Agenda Item No. 3. Chairman Jones closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3225 approving a Modification (M 99-02) to a previously-approved Conditional Use Permit (UP 94-11) to allow retail auto sales and repair of vehicles in an existing building on property located at 2875 S. Winchester Boulevard, by the following roll call vote: AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom, Lowe NOES: None ABSENT: None ABSTAIN: None This approval is final unless appealed in writing to the City Clerk within 10 days. Planning Commission Minutes of April 27, 1999 Page 11 MISCELLANEOUS 4. Cancellation of May 11, 1999, Planning Commission Meeting Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Gibbons, the Planning Commission unanimously moved to cancel the Planning Commission meeting of May 11, 1999. (7-0) REPORT OF TIlE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following additions made by Mr. Tim J. Haley, Associate Planner: · Reminded the Commission that Council will conduct a Study Session on the Downtown Parking Structure and encouraged the Commissioners to attend. AD,IOURNMENT The Planning Commission meeting adjourned at 8:42 p.m. to the Planning Commission meeting of May 25, 1999, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: APPROVED BY: ATTEST: Brad Jones, Chair ~l~mg Secretary