PC Min 07/27/1999CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
JULY 27, 1999
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of July 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. Kearns
Mel Lindstrom
Dennis Lowe
Commissioners Absent:
None
Staff Present:
Community
Development Director:
Senior Planner:
Associate Planner:
Planner I:
City Attorney:
Redevelopment Manger:
Reporting Secretary:
Steve Piasecki
Sharon Fierro
Tim J. Haley
Barbara Schoetz Ryan
William Seligmann
Kirk Heinrichs
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Kearns, seconded by Commissioner
Lindstrom, the Planning Commission minutes of June 22, 1999, were
approved. (7-0.)
Planning Commission Minutes of July 27, 1999 Page 2
COMMUNICATIONS.
The following communication items were distributed:
1. Letter from Law Firm re Agenda Item No. 1.
2. Letter from Baloonatics re Agenda Item No. 1.
3. Staff report correction page for Agenda Item No. 2.
4. July 1999 Development Report.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
ORAL REQUESTS
There were no oral requests.
PUBLIC HEARING
Chairman Jones read Agenda Item No. 1 into the record.
M 99-06
Valenta, J.
Public Hearing to consider the application of Mr. Jason Valenta,
on behalf of Haig Precesion Mfg., for approval of a Modification
(M 99-06) to a previously-approved Conditional Use Permit and
Planned Development Permit, to allow for the expansion of a
machine shop on properties located at 186 Gilman Avenue and
186 Dillon Avenue in a PD (Planned Development) Zoning
District. This project is Categorically Exempt. Tentative City
Council meeting date: August 3, 1999.
Ms. Barbara Schoetz Ryan, Planner I, presented the staff report as follows:
· Advised that the applicants are seeking a Modification to a previously-approved Conditional
Use Permit and Planned Development Permit to allow the expansion of Haig Precision
Machine Shop, to legalize a mezzanine space that was constructed without permits to allow
office and storage use of the space.
· The two sites share a common boundary and a fence separating the two properties will be
removed to allow passage from one site to the other.
· Exterior improvements are proposed which will match the company's building on Sam Cava.
· Some parking at the street frontage will be removed and replaced with landscaping.
· A retaining wall will be extended onto the Dillon site where it boarders the Los Gatos Creek
Trail.
· Two illegal sheds on the property will be removed.
· The General Plan Land Use for these properties is Commercial/Industrial/Residential.
· The SOCA (South of Campbell Avenue) area includes industrial uses permitted in the M-1-S
(Light Industrial) Zoning. SOCA floor area ratios are .35 for the Dillon property and .30 for
the Gilman property. The Gilman property is already developed with .37 FAR and will go up
to .51 with the second story addition. The FAR for the Dillon property falls within the
acceptable level but will exceed the levels if the mezzanine is legalized.
Planning Commission Minutes of July 27, 1999 Page 3
A finding must be made that this proposal does not reduce the potential for the
redevelopment of the area.
· This application is consistent with the M-1 Zoning.
· All uses must be conducted within the building.
· The applicant is requesting that the parking requirement be based upon the number of
employees per shift as opposed to square footage of space.
A covenant will be required that the second floor of the Gilman building will be demolished
if the use of the building should change in the future.
· A 16 foot nitrogen tank will be installed on a concrete pad outdoors with an 8-foot cyclone
fence. This tank will not be visible to the public and has been approved by Central Fire's
HazMat Division. According to Fire, there is little or no danger from the nitrogen tank.
Staff is recommending that the tank be painted to match the buildings.
· SARC reviewed this project on July 13, 1999, but did not have a quorum. SARC felt that it
would be best to join the two parcels but different owners within the family make this
impractical.
· This project is Categorically Exempt and staff recommends approval.
Commissioner Francois asked about the proximity of the nitrogen tank to the residential
properties.
Ms. Barbara Schoetz Ryan replied that the nitrogen tank is 150 feet from the residences.
Commissioner Francois asked if more parking would open up once the illegal outdoor storage is
removed.
Ms. Barbara Schoetz Ryan replied that no parking would be added with the removal of outdoor
storage.
Commissioner Lowe asked if the building is up to Code.
Ms. Barbara Schoetz Ryan replied that the building would be brought to Code.
Commissioner Kearns advised that this is a example that shows that more Code Enforcement is
needed. Stated that parking is an issue. Asked about sales tax revenue generated by this use.
Mr. Steve Piasecki advised that he was not aware of any sales tax benefit with this use.
Ms. Barbara Schoetz Ryan advised that the second story space is all interior space that has
actually been there awhile.
Commissioner Gibbons presented the Site and Architectural Review Committee report as
follows:
Planning Commission Minutes of July 27, 1999 Page 4
· SARC met on July 13th and spent a lot of time with the applicant on site planning, traffic and
parking.
· Advised that significant efforts have been made by the applicant to cooperate with staff.
· Stated that the combined use of these lots will provide shared parking and two-way
circulation.
· Said that SARC is supportive of a parking ratio based on number of workers rather than
square footage.
· Advised that the applicant intends for move noisy equipment to a location that is further from
residential uses.
· Reminded that the mezzanine would have to be removed if the easement between the
properties is withdrawn.
· SARC is supportive of this application.
Commissioner Hernandez asked about other parking options.
Commissioner Kearns asked if there would be fines imposed for the work done without permits.
Ms. Barbara Schoetz Ryan advised that the Building Official has that discretion.
Commissioner Keams asked if such fines would be imposed.
Mr. Steve Piasecki advised that the additional fees for work done without permits would be
imposed.
Chairman Jones asked if noise issues were considered when this use was originally approved at
this location.
Ms. Barbara Schoetz Ryan replied that noise was not a major issue when this site was developed
in 1974 because no requirements or limits were placed on the approval.
Chairman Jones asked how the noise issue will be handled.
Ms. Barbara Schoetz Ryan:
· Advised that a Noise Consultant has been obtained by the applicant and the vibrations/noise
will be tested.
· Said that if noise complaints are received in the future the City will contact the business
owner.
· If a remedy for noise issues is not reached, this approval could come back to the Planning
Commission for review.
· Advised that the Noise Consultant is available this evening.
Chairman Jones asked if anything would prevent the owners from moving the noisy equipment
later.
Planning Commission Minutes of July 27, 1999 Page 5
Ms. Barbara Schoetz Ryan replied that the placement of the machinery is not in violation where
it is at this time. The applicant chose to move it in an effort to alleviate concerns raised by
neighbors.
Commissioner Kearns asked if the placement of the equipment is in the Conditions of Approval
now.
Commissioner Lindstrom pointed out Condition 11 on page 3.
Mr. Steve Piasecki advised that the Commission can apply this Condition to both sites.
Chairman Jones opened the Public Hearing for Agenda Item No. 1.
Mr. Jason Valenta, Haig Precision, 186 Gilman Avenue:
· Advised that they do not want to have bad relations with the neighbors.
· Stated that with this approval, they will be opening up parking on the street in the area.
· Stated that some of their machinery takes up lots of floor space (up to 1,000 square feet)
while only requiring one operator.
· Informed that by placing a bulk nitrogen tank on the property they will reduce the number of
visits for refilling the tank from twice a day to once a month. This delivery can be
accomplished during non-business hours.
· Said that they have added an employee outdoor area and will be planting lots of landscaping.
Commissioner Keams asked if the site will accommodate both employees and visitors to the
business.
Mr. Jason Valenta advised that the parking will be more than adequate for visitors and that there
will be more room for truck deliveries. Said that some of their interaction with clients is done
over the internet without a visit to their location.
Commissioner Francois sought clarification that there are 55 employees and 55 parking spaces.
Commissioner Lowe questioned plans for future growth.
Mr. Jason Valenta advised that this current expansion is the result of growth they have already
experienced. They have no plans to grow in the future.
Commissioner Hemandez asked about the volume of delivery.
Mr. Jason Valenta stated that there will be the need for fewer deliveries because they will be able
to store more material on site with the expansion.
Commissioner Hernandez asked if the deliveries will occur during the day.
Planning Commission Minutes of July 27, 1999 Page 6
Mr. Jason Valenta replied that the deliveries do occur during the day.
Chairman Jones asked if they operate 24 hours and how many more employees would be added
to the business as a result of this expansion.
Mr. Jason Valenta answered that they expect an increase of five to six additional employees.
Mr. Dan Sarkisian, Owner, Haig ~Precision, 186 Gilman Avenue:
Admitted that noise has been a problem.
· Advised that he has hired an Engineer to test noise levels.
· Said that there is more of a vibration issue than noise and that they will be isolating
machinery and cutting around the floor to prevent vibration from travel outside the building.
· Promised to work hard to eliminate the problem.
· Said that their business is growing and that they had looked at relocating to areas such as
Morgan Hill but prefer to stay in Campbell.
Commissioner Lowe asked if Haig Precision supports any particular industry.
Mr. Dan Sarkisian replied that they support several industries including medical, computer and
telecommunications.
Mr. Paul Sarkisian, Owner, Haig Precision, 186 Gilman Avenue:
· Said that Haig does pay sales tax to the County.
· Advised that most of their work is for resale but that research and development work is
taxable.
· Stated that about 15% of their product has sales tax.
Mr. Jeff Pack, Acoustical Enginner:
· Advised that the 45 interior/65 exterior dba is impractical criteria for a noise standard.
· Said that he had looked at both buildings separately, taking 24 hour measurements.
· Informed that a 7-foot high noise control barrier along the property line from the Dillon
property will help alleviate noise by as much as 20 decibels.
Commissioner Lowe asked what noise standards the City has for uses such as restaurants.
Mr. Steve Piasecki advised that the City does not have noise standards but that Conditions of
Approval are imposed, when necessary.
Mr. John Bridgetts, 472 Sam Cava Lane:
· Said that there is no parking available near his home and the fork lifts run up and down the
street.
Planning Commission Minutes of July 27, 1999 Page 7
· The fork lift operators and truck drivers blocking the roadway have been rude to his wife.
· Complained that employees from Haig park in his driveway and often his wife cannot get out
to leave for work.
· Garbage from the catering truck ends up all over the street and in his yard.
· Advised that he has called the City to complain but nothing was done.
Commissioner Francois asked how long Mr. Bridgetts has lived on this street.
Mr. Bridgetts advised that he has resided at this location for eight years.
Mr. Garland G. Woodhouse, 500 Sam Cava Lane:
· Advised that there is a big noise problem.
· Informed that he personally purchased a noise meter and has achieved readings as high as 74
to 76 at 7 a.m., 7 p.m. and 12 midnight inside his home.
· Said that his girlfriend is sick and the vibrations and noise from Haig are compounding her
health concerns.
· Said that there is a big trash problem in the area.
· Said that there is a big traffic problem in the area.
· Advised that he has tried to work out problems directly with Haig Precision to no avail.
· Said that they have received foul language from truckers.
· Said that people park in his driveway and throw trash in his yard.
· Advised that the pounding goes on 24 hours a day and that it is very stressful.
· Advised that this is a very busy comer with lots of people.
· Said that many times they cannot exit their driveway.
· Their concerns have been ignored.
· Said that they just want to live in peace.
· Presented a chart illustrating the frequency of noise to the Planning Commission.
Commissioner Francois asked Mr. Woodhouse how long he has resided on this street.
Mr. Woodhouse replied two years.
Commissioner Lindstrom pointed out that a copy of a letter to Mr. Woodhouse from Haig
Precision was in the documents he presented.
Mr. Woodhouse:
· Said that they have called the Police for assistance but have been told that there is nothing
that the Police can do.
· Advised that they have contacted OSHA and Health & Safety.
· Suggested that noise levels be tested from his home.
· Said that they are trying to stay mellow but that this is torture.
Planning Commission Minutes of July 27, 1999 Page 8
Commissioner Francois expressed doubt that there was no police response to requests for
assistance.
Mr. Woodhouse replied that there has been no action by Campbell Police regarding these
concems.
Mr. Bill Perry, 150 Sondra Way:
Said that Dan Sarkisian parks right next to Haig's front door rather than leaving that space for
visitors to the company.
· Advised that they had attempted mediation with Haig to work out problems but that Mr.
Sarkisian did not attend the mediation but rather sent a representative with little authority to
make decisions on behalf of Haig.
· Expressed concern about overlapping work shifts. While one shift ends at 4:15 the next shift
starts at 4. This overlap doubles the need for parking. Rather than 55 spaces, the company
needs 110 with that schedule.
· Advised that the future expansion of Light Rail will compound the parking issues in the area.
· Said that if Haig had made attempts to cooperate with the neighborhood, he and his
neighbors would not be here tonight.
· Said that this approval process is the City's opportunity to do something about these
problems.
· Asked if it was true that for the City to enter Mr. Sarkisian's property, it would require either
an invitation or a court order.
· Said that he is asking that the company not make excessive noise and that they have enough
room to park their trucks on their property rather than blocking the roadway.
Commissioner Kearns stated that she could appreciate Mr. Perry's dilemma.
Mr. Bill Perry, said that it would be difficult for a semi-truck to back a large truck onto the
Dillon site which is the intent. The roadway is only 18-feet wide.
Commissioner Kearns also asked if an inspection could only occur upon invitation or court order.
City Attorney William Seligmann stated that this would depend upon the nature of the business,
whether it is one that is open to the public. It is easier to access a site that has regular public
access rather than one that is accessed only by that business. A private site does require an
invitation or warrant. Probable cause for the need for an inspection must be provided.
Commissioner Keams asked if such a warrant is hard to obtain.
City Attorney William Seligmann replied that it was not. Twenty-four hours advance notice
must be provided to the property owner before the wan'ant can be exercised.
Planning Commission Minutes of July 27, 1999 Page 9
Mr. Robert Wood:
· Said that it is a zoo out there and 55 spaces is inadequate for 55 employees.
· Said that at times he has to park halfa mile away from his home when arriving there at 4 p.m.
· Asked if there will be three shifts at the Dillon building.
· Expressed concern as to whether there are any more chemicals, in addition to the nitrogen,
that they should be concerned about.
· Stated again that parking in the area is a hassle.
Commissioner Francois pointed out that a Condition of Approval is incorporated that requires a
HazMat Management Plan.
City Attorney William Seligmann said that a Condition can be added that requires the applicant
to open their site to inspection by City officials.
Mr. Dan Sarkisian:
· Apologized to his neighbor for missing the mediation meeting but explained that on that day
his grandchild was bom.
· Advised that he has a full time employee whose job it is to clean up around the property.
· Said that he intends to amend the shifts so there is a 15 minute arrival/departure gap to reduce
cars on the site.
· Advised that he is providing 30 more spaces for his employees with this change.
· Stated that in addition to his business there are other industrial uses that bring traffic to the
area including a construction company and air conditioning company.
Commissioner Gibbons expressed concern that semi trucks will fit onto the properties.
Mr. Dan Sarkisian advised that a full sized truck was recently brought onto the property to test
the access and it was easily accomplished.
Commissioner Gibbons asked how many semi trucks will need to access the site daily.
Mr. Dan Sarkisian said about three. Said that with the added space more material can be
purchased, delivered and stored on site at a time which will reduce the number of truck trips to
the site.
Commissioner Francois asked for clarification as to whether Mr. Sarkisian was purchasing a
parking lot.
Mr. Dan Sarkisian clarified that with the additional building he will also obtain a large parking
area which will alleviate their parking problem.
Commissioner Keams asked for clarification about shift overlap.
Planning Commission Minutes of July 27, 1999 Page 10
Mr. Dan Sarkisian stated that they have three shiRs.
Commissioner Keams suggested that they eliminate any overlap.
Mr. Dan Sarkisian assured that they want this situation to work for everyone including the
neighbors.
Mr. Steve Piasecki suggested an added Condition of Approval that prohibits more than 55
employees per shift.
Mr. Dan Sarkisian stated that he would agree to that Condition.
Mr. Steve Piasecki suggested a Condition that prohibits the use of fork lifts or any trunk
unloading on the street.
Mr. Dan Sarkisian stated that he could agree to that Condition but suggested that he can't
promise that the other industrial uses on the street will stop doing so.
Mr. Steve Piasecki asked Mr. Sarkisian to expound on the plans to buffer the vibration of the
large press.
Mr. Dan Sarkisian stated that the whole area where the press will be relocated will be within an
isolated room with concrete filled with a special gel substance. Additionally, special mounts
have been purchased that will also eliminate some of the vibration.
Commissioner Keams asked about the surrounding land uses.
Mr. Steve Piasecki advised that to the north is industrial use; to the east is the Los Gatos Creek
Trail; to the south is industrial use; to the northwest is a trailer park and to the west are
residences.
Chairman Jones asked for the Zoning.
Mr. Steve Piasecki replied that the Zoning is PD (Planned Development/Mixed Uses).
Mr. Paul Sarkisian:
Stated that this is a mixed use area.
· Included among the uses are lots of recreation uses.
· Stated that they do not want to be a bad neighbor.
· Said that they purposely do not have huge tonnage presses but rather when such presses are
necessary, they farm that work out.
· Said that the other gases on site are non-flammable gases. They have only small amounts of
oxygen in compressed cylinders for special applications.
· Assured that they work in close compliance with Central Fire.
Planning Commission Minutes of July 27, 1999 Page 11
Mr. Bill Perry suggested a large penalty for any infractions to the Condition of Approval that
prevents any employee on-street parking and/or the use of forklifts and truck offioading on the
street.
Commissioner Keams suggested a Condition regarding the noise and vibration from this site and
suggesting that this issue be revisited after 6 months to a year.
Commissioner Lindstrom advised that Condition 11-C already covers this issue.
Chairman Jones:
Stated that it appears this situation is not working at the present time.
· Questioned whether this approval will be a step in helping the situation or whether it will
simply make it worse.
· Expressed doubt that doubling space will increase the number of employees by as few as
five.
Mr. Steve Piasecki pointed out Condition 11-C and stated that any complaints will be directed to
the him (the Community Development Driector). If substantiated, the applicant will be asked to
remedy the problem in a timely manner. Failure to remedy will bring the project back to the
Planning Commission.
Chairman Jones asked if the Commission would be able to revoke the approval.
Mr. Steve Piasecki advised that the Commission could revoke the approval if it is able to make
findings that the Conditions of Approval have been violated. Suggested a potential covenant
limiting the number of employees to 55.
Commissioner Gibbons asked if the Dillon building is currently occupied.
Ms. Barbara Schoetz Ryan replied that the current use is being vacated.
Commissioner Gibbons stressed that the applicant must be made aware that all outside storage
must be eliminated.
Mr. Steve Piasecki advised that Condition of Approval No. 10 addresses this issue.
Commissioner Kearns suggested a Condition prohibiting trucks from backing onto the site.
Mr. Steve Piasecki:
· Stated that it is important to enhance the attractiveness of the site to the neighborhood.
· A Condition can be added that requires the applicant to instruct his customers to park in the
back parking area.
Planning Commission Minutes of July 27, 1999 Page 12
· A Condition has already been added that no parking of trucks may occur in the public street
for loading and/or unloading.
Commissioner Gibbons suggested an entrance be located closer to the rear parking area.
Commissioner
· Stated that
Lowe:
the neighbors have made a compelling case regarding noise, vibration and parking
issues in the area and that he is impressed with the documentation provided by these
neighbors.
Expressed concern with the illegal construction within the site as it shows disrespect for City
Ordinances.
Expressed concern about the projected employee growth.
Applauded the applicants efforts to mitigate noise concerns.
Suggested several Conditions to help with neighbor concerns, including: · No fork lifts on street.
· Nitrogen shall be delivered only during the day.
· Limit the number of employees on site at a time to 55.
No off-loading of trucks to be allowed on the street.
· Residential parking permits be provided to residents on the street.
Mr. Steve Piasecki said that the final suggestion could be investigated with the City's Traffic
Engineer to see if it is feasible.
Commissioner Keams asked who determines whether such a parking program is feasible.
Mr. Steve Piasecki replied that the Traffic Engineer would make such a determination.
Chairman Jones said that he agrees with Commissioner Lowe's suggestions and added a
suggested Condition that the building on Gilman be held to the same noise standards as the
building on Dillon will have.
Mr. Steve Piasecki suggested that a day/night standard (which is an average of both) might make
more sense per the Noise Consultant. Suggested the establishment of an max standard which is
the maximum noise level that can be allowed at any time. Suggested speaking again with the
Noise Consultant.
Chairman Jones asked Mr. Pack for suggestions on appropriate noise standards.
Mr. JeffPack:
· Stated that to do so is tough.
· Said that mid 70's dba at the adjacent property line might be reasonable.
Planning Commission Minutes of July 27, 1999 Page 13.
Mr. Steve Piasecki suggested that measurements be taken at the single-family residences
themselves as opposed to the shared property line.
Chairman Jones closed the Public Hearing for Agenda Item No. 1.
Commissioner Lowe suggested a Condition that allows no deliveries before 7 a.m. nor after 7
p.m.
Commissioner Jones suggested a LMax level of 70 to 75.
Commissioner Lindstrom:
· Said that the 7 foot barrier is already in the Conditions and that he does not agree with the
establishment of an L~tax level. Said that to do so is unfair to this site which is located within
an industrial area.
· Stated that he is in support of this application, that it is good for this area and will help the
residents.
· Advised that this approval is a step in the right direction.
Chairman Jones stated that he agreed but still believes an Luax standard is helpful.
Commissioner Kearns said that every bit helps.
Chairman Jones asked the Commission for a voice vote as to which members support the
establishment of an LMax standard. The vote in support of an LMax standard was three
(Commissioners Keams, Hernandez and Jones) and the vote against the establishment of LMax
standard was four (Commissioners Francois, Gibbons, Lindstrom and Lowe).
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Lindstrom,
the Planning Commission adopted Resolution No. 3231 approving a
Modification (M 99-06) to a previously-approved Conditional Use Permit
and Planned Development Permit, to allow for the expansion of a machine
shop on properties located at 186 Gilman Avenue and 186 Dillon Avenue
with added/amended Conditions:
1. No fork lift on the street
2. No deliveries before 7 a.m. or after 7 p.m.
3. Deliveries of nitrogen to be made during the day.
4. Maximum number of employees to be 55.
5. No truck loading or unloading on the street.
6. Split shift schedule to eliminate staffing overlap.
7. A 7 foot nose attenuation barrier be constructed between the site and the
residences adjacent.
8. Amend Condition 11A to read 45 Lan/65Lan instead of 45 db/65 db.
9. Amend Condition llD to require the 7 foot barrier to the north property
line.
Planning Commission Minutes of July 27, 1999 Page 14
10. Amend Condition 11 to add the requirement that a covenant be recorded
that limits the total number of employees on site to 55, no parking of
trucks on the street for unloading and signage to direct all deliveries onto
the site.
by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Kearns, Lindstrom, Lowe
NOES: Jones
ABSENT: None
ABSTAIN: None
Commissioner Gibbons suggested that it is important to leave the landscaping at the front of the
site in this approval.
Mr. Steve Piasecki advised the Commission that staff will look into residential preferential
parking.
This item will be consider by the City Council at its meeting of August 3, 1999.
Chairman Jones called for a short recess at 9:52 p.m.
Chairman Jones reconvened the meeting at 9:57 p.m.
Chairman Jones read Agenda Item No. 2 into the record.
2. M 99-05
Schaefer, P.
Public Heating to consider the application of Mr. Phil Schaefer
and Mr. Richard Aal, on behalf of Champions Pool & Games, for
approval of a Modification (M 99-05) to a previously-approved
Conditional Use Permit (UP 85-03) to allow the establishment of
an arcade (25 machines) and a beer/wine license in conjunction
with an existing billiard establishment on property located at 2097
S. Bascom Avenue 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 is seeking a Modification to a Use Permit to allow an arcade and
beer and wine license for an existing pool establishment.
· In 1985, an approval was granted for six pool tables at this location and later that number was
increased to 14 tables. There are currently 16 tables within a 4,700 square foot space.
· Hours of operation are from noon to 2 a.m.
Planning Commission Minutes of July 27, 1999 Page 15
· The Modification seeks to reduce the number of tables from 16 to 13; to increase the number
of arcade games from 9 to 25; and to allow a beer and wine license.
· The applicant wishes to maintain the same hours of operation.
· This establishment is geared to an older clientel.
· Staff recommends the adoption of a resolution approving this use but suggests limiting the
hours to 12 midnight from Sunday through Thursday and allowing operation to 2 a.m. on
Fridays and Saturdays.
· Neighbors have complained in the past about noise concerns from the parking area but
recently no complaints have been received by the Police Department.
Commissioner Gibbons asked if this operation is similar to the proposed Downtown billiard
establishment.
Mr. Tim J. Haley advised that he is not familiar with the particular plans for Pockets in the
Downtown.
Chairman Jones opened the Public Heating for Agenda Item No. 2.
Mr. Phil Schaefer, Applicant, 2097 S. Bascom Avenue:
· Said that the term "arcade" is misconstrued in this instance in that a typical arcade has
between 80 to 100 games.
· Stated that for the last four to five years they have operated this business until 2 a.m. each
day. Advised that it would not be a viable business if they have to close at 11 p.m.
· Stated that they plan to install speed bumps on the site to slow cars down as well as "quiet
zone" signs in the parking lot as well as regular announcements during the evening asking
patrons to respect the surrounding residential neighbors by not making noise as they depart.
In addition, they will have extra staff to help monitor the parking lot in the evenings.
· Said that they have tournaments which bring extra traffic.
· Said that he plans to enter into an agreement with the adjacent property owner for shared
parking to accommodate these tournaments.
· Said he planned to do everything possible to prevent problems before they occur.
Commissioner Gibbons asked whether it would be possible to close alcohol sales after 11 p.m.
from Sunday through Thursday and stay open to 2 a.m.
Mr. Phil Schaefer replied that was possible.
Mr. Frank Dalle-Molle, 1596 Cherry Glen Way, San Jose, CA:
· Stated that he has four areas of concern: noise levels, beer and wine sales, parking and
personnel.
· Expressed concern that the shift from 16 to 13 tables and increase from 9 to 25 video games
will result in a younger customer base which will be louder.
Planning Commission Minutes of July 27, 1999 Page 16
· Stated that they already have a significant problem with cars pealing out and car alarms going
off.
· Said that beer and wine license could deteriorate the quality of life in the immediate area as it
will create an over-concentration in a small area.
· Said that the site has only 53 spaces.
· Said that the staffing levels seem inadequate to help patrol the parking lot in addition to
operating the business within the building.
Mr. John Roberts, 2061 S. Bascom Avenue:
· Said that they have experienced having beer bottles thrown into their yard.
· Said that when the Police are called for disturbances, usually the person is gone before the
Police arrive.
· Said that they have had lots of problems with noise and overflow parking.
· Stated that he is against approval of a beer and wine license.
· Stated that he previously had planned to address concems directly to Council but the Police
Department intervened and asked for the opportunity to handle the neighborhood concerns.
· Said that the business has quieted down over the last two months and thanked the new owner
for that.
Commissioner Gibbons asked how high the fence is separating the residential properties from
this commercial site.
Mr. John Roberts replied that the fence is 6 feet tall. However, the grade of this site is higher
than the residential lots adjacent so someone standing in the parking lot can easily look over the
fence into the yards.
Commissioner Kearns asked Mr. Roberts if the noise complaints stopped simply due to
frustration with the lack of action by the City.
Mr. John Roberts replied that he has called but no longer calls 911 to report problems. Said he
was not sure if non-emergency calls are logged the same way.
Commissioner Keams asked if a taller fence would help.
Mr. John Roberts replied that it could help to have a taller fence.
Mr. Dalle-Molle advised that the wall is already 10 feet high from the residential side. Said that
it would look awkward and degrade the property to have a wall any taller. Added that he knew
for a fact that other calls had been place complaining about this use.
Mr. Phil Schefer:
· Advised that he took over operation of the business on July 1st.
Planning Commission Minutes of July 27, 1999
Page 17
· Stated that any patrons under the age of 17 will have to be out of the establishment at 9 p.m.
This requirement comes from the recently-adopted ordinance that allows beer and wine sales
at billiard establishments.
· Stated that having just one way onto the site will actually help him and his staff in
monitoring the property.
· Said that he will hire extra employees for the evening shifts.
· Said that the condition requiring the door to his business to be kept closed to help prevent
noise from spilling outdoors is a good one that he will support in enforcing. Said that his
building has good air conditioning that can keep the temperature comfortable without the
need to keep the door propped open.
Commissioner Lowe asked if beer would be served in bottles.
Mr. Phil Schaefer advised that beer will be served in bottles but that the bottles will stay inside
the building. Stated that the beer containers found by neighbors do not come from his adult
patrons but rather younger people who cannot legally purchase liquor. These under-aged people
are the ones who drink outside and discard the containers.
Commissioner Lindstrom reminded that the beer and wine license requires those under 17 to
leave the premises at 9 p.m.
Commissioner Gibbons sought clarification that the pizza service is not part of this business.
Mr. Phil Schaefer said that the pizza service used to be related to this business under the previous
ownership but that it is no longer connected. The previous owner of his establishment has
retained the pizza business.
Mr. Bob Matsura, Property Owner, 2097 S. Bascom Avenue:
· Stated that he owns the building and apologized to his neighbors for any problems in the past.
· Stated that he does patrol the parking lot on weekends.
· Said that the number of complaints to the Police have decreaased.
· Advised that he selected to sell to these new owners because of their experience in running
such businesses.
· Assured that adding speed bumps to the parking lot will make a big difference.
Commissioner Gibbons asked about clean up time after closing.
Mr. Phil Schaefer said that his staff cleans up the parking in the late evening so that it is clean for
the other center tenants the next morning. His business opens at noon.
Commissioner Gibbons expressed concern that clean up after 2 a.m. risks being disturbing to the
adjacent residential uses.
Planning Commission Minutes of July 27, 1999 Page 18
Mr. Steve Piasecki advised that the cleaning would have to be completed by 2 a.m. since they
cannot operate in any fashion after 2 a.m.
Mr. Phil Schaefer stated his agreement to that restriction.
Mr. John Roberts asked if alcohol sales were offered at the Pizza business.
Mr. Matsui replied that that business has no liquor sales and no plans for liquor sales at this time.
Chairman Jones closed the Public Heating for Agenda Item No. 2.
Commissioner Keams suggested having speed bumps added to the Conditions and wondered if
noise issues have been adequately dealt with in the Conditions.
Commissioner Lindstrom advised that noise issues are handled in Condition of Approval No. 13.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Lindstrom, the Planning Commission adopted Resolution No. 3232
approving a Modification (M 99-05) to a previously-approved Conditional
Use Permit (UP 85-03) to allow the establishment of an arcade (25 machines)
and a beer/wine license in conjunction with an existing billiard establishment
on property located at 2097 S. Bascom Avenue, with operational hours to 2
a.m. and with the sales of liquor to be limited to 11 p.m., Sunday through
Thursday, and to 2 a.m., Fridays and Saturdays, 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.
MISCELLANEOUS
3. General Plan
Consistency
Staff
Heating to consider adoption of a resolution making a
finding under Government Code Section 65402 that the
proposed use of the 3.82 acre area identified as the Harrison
Avenue Redevelopment Project for residential use is
consistent with the General Plan on property located at 102-
190 N. Harrison Avenue in a PD (Planned Development)
Zoning District. This project is Categorically Exempt.
Tentative City Council Meeting Date: August 3, 1999.
Planning Commission Minutes of July 27, 1999 Page 19
Mr. Kirk Heinrichs, Redevelopment Manger, presented the staff report as follows:
· The Redevelopment Board has prepared a DDA for the redevelopment of five properties
located on Harrison Avenue. These sites are currently developed with industrial buildings
and one lot is vacant.
· The Commission is being asked to adopt a Resolution stating that the objectives of this DDA
are consistent with the City's General Plan.
· Land Use entitlements will be brought for approval by the Commission and City Council in
the Fall.
Commissioner Lowe asked Mr. Heinrichs to define small lot.
Mr. Kirk Heinrichs advised that this project will be developed in a similar fashion to the Orchard
Grove (100 Harrison) project. Stated that this density is half the allowable density.
Commissioner Keams asked what the General Plan designation is for this property.
Mr. Kirk Heinrichs advised that the General Plan designation is Mixed Use/Commercial/
Residential. The current industrial use is legal non-conforming.
Commissioner Gibbons offer the information that the proposal reflects a density of 13 units per
acre while under the General Plan it could be developed at a density of 27 units per acre.
Chairman Jones said that while this is not a Public Hearing Item he would offer any interested
persons the opportunity to address this issue.
Mr. Robert Pedersen advised the Commission that there are some commercial uses being
conducted in this area.
Motion:
Upon motion of Commissioner Lindstrom, seconded by Commissioner
Francois, the Planning Commission adopted Resolution No. 3233 making a
finding under Government Code Section 65402 that the proposed use of the
3.82 acre area identified as the Harrison Avenue Redevelopment Project for
residential use is consistent with the General Plan on property located at 102-
190 N. Harrison Avenue. (7-0)
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Mr. Steve Piasecki, Community Development Director, was accepted as
presented with the following additions:
· Advised that the City Council upheld the Planning Commission approval for DentPro.
· Announced the reappointment of Brad Jones to the Commission for a second four-year term.
· Advised that the General Plan Task Force went on a tour of various cities in the County as
well as the City of Campbell. The Task Force will next meet in September.
Planning Commission Minutes of July 27, 1999 Page 20
· The Commission was provided with copies of the City's Strategic Plan within the Director's
Report in the packets.
ADJOURNMENT
The Planning Commission meeting adjourned at 11:00 p.m. to the Planning Commission
meeting of August 10, 1999, in the Council Chambers, City Hall, 70 North First Street,
Campbell, California.
SUBMITTED BY:
APPROVED BY:
ATTEST:
Corinne A. Shinn, Recording Secretary
Steve"ibiaseck'~, Secretary