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PC Min 08/09/2005 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY AUGUST 9, 2005 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of August 9, 2005, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Gibbons and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner Elizabeth Gibbons Bob Alderete George Doorley Mark Ebner Tom Francois Michael Rocha Bob Roseberry Commissioners Absent: None Staff Present: Community Development Director: Planner I: City Attorney: Recording Secretary: Sharon Fierro Stephanie Willsey William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Francois, the Planning Commission minutes of July 26,2005, were approved as submitted. (6-0-0-1; Commissioner Ebner abstained) COMMUNICATIONS 1. Letter from Applicant for Agenda Item No.1 withdrawing his application. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of August 9, 2005 Page 2 ORAL REQUESTS There were no Oral Requests. *** PUBLIC HEARING City Attorney William Seligmann advised that he has a conflict and cannot participate in the first Public Hearing Item. He recused himself and left the Council Chambers for the duration of this hearing. Chair Gibbons read Agenda Item No.1 into the record as follows: 1 PLN2005-53 Gaetano, M. Public Hearing to consider the application of Mr. Mark Gaetano, on behalf of the Gaslighter Theatre, for a Modification (PLN 2005-53) to a previously approved Conditional Use Permit (2002-142) to allow changes to the conditions of approval relating to operational hours and conditions for a live entertainment use within an existing theatre located at 400 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tim J. Haley, Associate Planner Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: . Reported that the applicant had requested to modify the conditions of approval to allow longer hours of operation and more liberal alcohol service. . Said that staff has conferred with the Police Department on this use and that the Police Department is in the process of looking at revocation of the Live Entertainment Permit that is issued by City Council. . Explained that a Use Permit is approved for a specific location and is transferable to new owners while a Live Entertainment Permit is issued to a particular person(s) and is not transferable. . Advised that a list of incidents has been recorded by the Police Department and that Sergeant Art Markham is available this evening if there are any questions. . Said that staff would like to see a basic discussion occur this evening and offered several alternatives to the Commission as to what actions could occur. The item could be continued so the Commission could consider the revocation of the Use Permit since this meeting was not advertised as a revocation hearing. . Reminded that the original recommendation was to deny all modifications to the Use Permit. Planning Commission Minutes of August 9, 2005 Page 3 . Said that controlling activities at this business has been difficult and serious violent incidents have occurred amongst patrons of the Gaslighter. Many of these incidents occur early, between 10 and 11 p.m. . Stated that the security provided by the Gaslighter has not met with the Police Department requirements. . Added that flyers and stickers have been posted throughout the downtown advertising bands that are to appear at the Gaslighter. These stickers are hard to remove and have been affixed to light fixtures in the downtown. . Said that while she is not accusing the Gaetanos of installing these stickers, they are being distributed by the groups that are appearing at their theatre. . Said that this use represents a risk to public safety. . Stated that she will not present a report on the original request for a Modification to the Use Permit since the applicant has withdrawn his request. Chair Gibbons asked the Commission if they had questions for staff. Commissioner Rocha said he would like to hear from Sergeant Markham about how the security measures have failed. He said it would be prudent to know where security measures are deficient. Chair Gibbons: . Reminded that there are two permits for the Gaslighter. One is the Conditional Use Permit issued by the Planning Commission for the use of the property. The other is a Live Entertainment Permit that the Police Department feels is in jeopardy. . Reiterated that this use can be maintained or revoked at another hearing. Director Sharon Fierro: . Reported that the conditions of approval required that the downtown be kept free of graffiti, trash and stickers affiliated with the Gaslighter. . Advised that other downtown business owners have to regularly clean up after Gaslighter patrons. . Suggested that the Commission could accept the applicant's withdrawal of his request and take no further action this evening, could consider the application this evening or continue the discussion to a future meeting. Chair Gibbons opened the Public Hearing for Agenda Item No.1. Sergeant Art Markham, Campbell Police Department: . Stated that the basic issue is security. . Reported that the security requirements imposed with the July 2003 Live Entertainment Permit approval included the need for a bonded and certified security guard (with a guard card issued by the Department of Consumer Affairs) for every 50 patrons. Planning Commission Minutes of August 9, 2005 Page 4 . Advised that the people acting as security staff at the Gaslighter has been employees who are not experienced, trained and/or bonded as security guards. . Informed that one young man from a group performing at the Gaslighter was hit on the head with a beer bottle and pulled from the stage. The Gaslighter did not notify the Police Department but rather the hospital contacted the Police the next morning to report that man's slight concussion. . Recounted that a riot of Gaslighter patrons occurred in front of Katie Bloom's and included about 30 people fighting. Again, the Gaslighter security did not contact the Police. One security guard later reported that he had removed a knife from one combatant but did not report that fact that night. . Pointed out that security is for public safety. . Explained that he has discussed security issues with Mark and Susan Gaetano. They feel that their security is better than hired security guards. Commissioner Rocha clarified that the Gaetanos argue that their staff is better suited to deal with security although they are supposed to be in compliance with the security requirements of the Live Entertainment Permit. Sergeant Art Markham replied that they are required to comply with the requirements imposed under the Live Entertainment Permit. He reminded that the requirements include having one licensed security guard for every 50 patrons. The Gaslighter staff can supplement security, in those occasions when they may have underestimated the crowd in advance, as long as those employees have a guard card. Mr. Mark Gaetano, Applicant and Owner, Gaslighter, 400 E. Campbell Avenue, Campbell: . Said that he is the owner of the infamous Gaslighter Theatre. . Stated that he loves Campbell and has been here for 35 plus years and has included live entertainment at this location for all but two to three years of that time. . Explained that the Gaslighter provides entertainment for the entire family but it seems that the kids' concerts seem to be causing problems with the City of Campbell. . Said that he has discussed security issues with Sergeant Art Markham. . Pointed out that teenagers need a safe place to go. They offer five to six-band shows. . Expressed concerns about licensed security in that having licensed and bonded security guards does not work for this venue. They have tried several companies and none of them have worked out. These security agents are better suited to offering parking lot security or warehouse security. Many don't speak English or they are over 65 years of age. They don't deal well with high school age kids. . Added that his staff is experienced in dealing with teenagers. . Argued that nobody could have stopped the bottle from being hit over the band member's head, not even a licensed security guard. . Stated that he had wanted to cancel tonight's hearing because he thought they were at a point where things were being worked out with the Police Department. Planning Commission Minutes of August 9, 2005 Page 5 . Explained that in the past they had been afraid to call the Police for any reason. . Said that he has worked issues out with Captain David Dehaan on what upcoming shows require the use of a security company. . Added that he has instructed his staff to call the Police in the future. Ms. Susan Gaetano, Owner, Gaslighter, 400 E. Campbell Avenue, Campbell: . Offered an explanation of the July 3rd incident. . Pointed out that a rule of the house is that no more than 10 people can congregate in front of their theatre. . Said that they have met with the Police Department. . Reported that they have found a security company now that works. It is the same company used by the Heritage Theatre. The guard they like is a female guard of about 30 years of age who works well with their young crowd. . Advised that most security guards are looking for eight hour shifts while they can only offer four hour shifts. Chair Gibbons asked the Commissioners if anyone had a question for the Gaetanos. Mr. Mark Gaetano said that there are a lot of other issues including the fact that he cannot park behind his own building and he questioned that. He added that he is also precluded from selling anyone a drink that does not have a ticket. Director Sharon Fierro reminded that the Gaetanos have asked to withdraw their application. Staff is suggesting scheduling a revocation hearing. Chair Gibbons asked if this item could go forward tonight. Director Sharon Fierro said that her recommendation is for a continuance. Chair Gibbons asked if the revocation hearing would occur at a future meeting. Director Sharon Fierro explained that both options can be considered. Chair Gibbons asked if it is the applicant's preference to have this discussion go forward. Director Sharon Fierro said that the applicant could withdraw his written request to withdraw this application from consideration this evening. Commissioner Roseberry pointed out that the issues discussed are not part of the Use Permit but rather are more a part of the Live Entertainment Permit. He added that one or more of the conditions from the Conditional Use Permit are not being fulfilled or are being outright violated. Planning Commission Minutes of August 9, 2005 Page 6 Chair Gibbons reminded that the Conditions of approval for the Use Permit required that the applicant obtain a Live Entertainment Permit but agreed that security issues are overseen by the Police Department. Commissioner Roseberry reiterated that how security requirements are being complied with belongs under the jurisdiction of the Police Department. Commissioner Francois asked what the applicant wants to do this evening. Mr. Mark Gaetano said that he is fine with withdrawing his application and continuing to work with Captain David Dehaan on issues. He asked if he would be able to continue operating under the current Use Permit conditions of approval. Chair Gibbons replied no. She added that staff is recommending either a discussion of the Modification request tonight, accepting the applicant's request to withdraw and have no discussion this evening or to give staff direction on how to deal with a revocation hearing. Director Sharon Fierro said that if the Commission elects to consider the merits of the Modification application she is still recommending a continuance to the next meeting. Chair Gibbons asked if the Commission has the choice to not allow this item to be withd rawn. Director Sharon Fierro replied yes. However, the Commission usually defers to an applicant's request to withdraw their application. Commissioner Roseberry: . Said that he recommends the adoption of a Resolution denying any changes to the original Conditions of approval of the Use Permit. . Asked what the time frame is for the next review of this Use Permit. . Questioned whether this Commission has the option to review this Use Permit at any time in the event that the Conditions of approval are violated. Director Sharon Fierro replied yes. Chair Gibbons read from the original Resolution the schedule of reviews including one at three months, one at six months following Council issuance of the Live Entertainment Permit. Additionally, the Commission may review at any time upon verified complaint. Additional review is scheduled at the five year mark. The Live Entertainment Permit expires outright at 10 years following Council approval. Mr. Mark Gaetano pointed out that they schedule hundreds of band shows each year and only one or two problems have occurred. This is not a reason to shut down this venue. Planning Commission Minutes of August 9, 2005 Page 7 Ms. Susan Gaetano: . Said that they have experienced bottles being thrown even at Melodrama shows. . Stated her hope that their Live Entertainment Permit is not revoked as it represents a big part of their revenue and about half of their business. . Identified herself as a religious person who every day thanks God for two things, her daughter and having a business like the Gaslighter. . Declared that the Gaslighter provides nothing but good for people and brings them happiness. . Said that this review process is both exhausting and stressful. . Stated that they are the icon of Campbell and that local restaurants and stores benefit from their patrons. . Opined that the good of the Gaslighter is sometimes forgotten. Chair Gibbons closed the Public Hearing for Agenda Item No.1. Commissioner Roseberry: . Said that he appreciates the good of the Gaslighter. . Cautioned that it would not take much to go over the line and that if something bad happens there it would be even more stressful on the owners than this meeting is. . Explained that the way the Conditional Use Permit system is set up offers a way to control what happens with a specific us. . Added that the Live Entertainment Permit has well thought out requirements. . Said that although the applicant has withdrawn the request for a Modification he proposes the adoption of a Resolution denying their request for a Modification to the original conditions of approval for the Use Permit. . Said that there is reasonable cause to bring this matter back if something goes on. Commissioner Doorley: . Stated that he would recommend a continuance. . Said that there are significant issues for staff to consider as to whether a Modification or a revocation should be pursued. Commissioner Ebner: . Said that the Gaetano family now realizes the seriousness of these issues and is working with Police to correct them. . Said he would like to see those efforts continue. . Stated that the Gaslighter has been an asset to Campbell for a long time. Commissioner Francois: . Said he concurred. . Added that the Gaslighter does bring good things but can also sometimes bring in unsavory elements that must be controlled. . Suggested the Gaetanos continue to work with the Police Department to prevent problems. Planning Commission Minutes of August 9, 2005 Page 8 Commissioner Rocha: . Stressed the importance of the Gaetanos understanding that it is their responsibility to do what is required regarding security. . Added that if they do not, it is within the authority of the Planning Commission to act with a heavy hand. . Said that he has lukewarm support due to the history of non-compliance. . Suggested that the Gaslighter be more selective of the acts brought to its theatre since certain bands are magnets for certain types of people. Commissioner Francois: . Recounted how there used to be 4th of July celebrations at Morgan Park in the 1970s and 1980s but they had to be discontinued due to the elements that the bands drew. . Stressed the need for security control. Commissioner Alderete: . Agreed with Commissioner Francois and others. . Said that the Gaslighter is an incredible asset to the City of Campbell. . Stated his belief that there is undeniable evidence that things occur that threaten public safety. . Said he wants to be supportive but he cannot minimize the negative aspects of what some of their patrons do in the community and he stressed the importance of making sure that does not happen. . Stated he is very concerned about safety and if there is no compliance on the requirements for security he will support revocation in the future. . Stressed that the owners must meet all conditions particularly those concerning public safety. Commissioner Doorley pointed out that the issues of safety are the same ones raised at the original public hearing. The applicant has a dismissive view of the security requirements both then and now particularly the requirement for a licensed and bonded security guard. He said he was afraid that the Commission would be sadly disappointed by the efforts for compliance in the future. Chair Gibbons: . Said that the Commission has been here before on exactly the same issues, particularly security issues. . Stated her agreement with Commissioner Doorley and said that this is an extraordinarily serious issue as she does not want anything bad to happen. . Questioned and expressed concern about the combination of young bands and beer service. . Agreed that Gaslighter has been a positive element in the community but that it only takes one bad thing to ruin it. . Reminded that the Gaetanos have promised twice to comply with the conditions. Planning Commission Minutes of August 9, 2005 Page 9 . Warned that if there is one more call, things would change drastically. This is probably the last chance. . Asked the Commission for a motion. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3667 denying a Modification (PLN2005-53) to a previously approved Conditional Use Permit to allow changes to the conditions of approval relating to operational hours and conditions for a live entertainment use within an existing theatre located at 400 E. Campbell Avenue, by the following roll call vote: AYES: Alderete, Ebner, François, Gibbons, Rocha and Roseberry Doorley None None NOES: ABSENT: ABSTAIN: Chair Gibbons reminded that this decision is final unless appealed in writing to the City Clerk within 10 calendar days. City Attorney William Seligmann returned to the Chambers following the conclusion of Agenda Item No.1. *** Chair Gibbons read Agenda Item No.2 into the record as follows: 2 PLN2005-57 (ZC) PLN2005-58 (PD) PLN2005-59 (PM) Khojasteh, A. Public Hearing to consider the application of Mr. Amir Khojasteh, on behalf of Mr. Richard Morgan, for a Zoning Classification Change (PLN2005-57) from R-D (Multiple- Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2005-58) to allow the construction of four townhomes; and a Tentative Parcel Map (PLN2005-59) to allow the creation of four lots and one common lot on property owned by Mr. Richard Morgan located at 725 W. Hacienda Avenue in a R-D (Multiple-Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: September 20, 2005. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: . Described the project site as being located on the north side of W. Hacienda between Virginia and Capri. It is surrounded by residential uses on all sides. Planning Commission Minutes of August 9, 2005 Page 10 . Said that the General Plan designation is Low to Medium Density Residential and that the proposed density is 9.5 units per gross acre, which is consistent. . Stated that the Zoning is R-D, which allows multi-family residential. . Reported that the applicant is seeking a Zoning Classification Change from R-D to P-D to allow separate ownership of the proposed four units, which are town home units that are constructed as two two-story buildings. . Stated that site access will be from Hacienda Avenue through a 20 foot wide, two- way driveway. . Advised that there are 15 foot setbacks from all property lines and that parking provided meets the 3.5 spaces per unit with a total of 14 spaces. Eight spaces are covered and six are uncovered. There is a two-car garage for each unit. . Recommended that the Commission forward a Resolution to Council for approval of this development. Commissioner Alderete presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project at its meeting of July 26th and was supportive with no proposed changes. Chair Gibbons opened the Public Hearing for Agenda Item No.2. Chair Gibbons closed the Public Hearing for Agenda Item No.2. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Francois, the Planning Commission took the following actions: . Adopted Resolution No. 3668 recommending approval of a Zoning Classification Change (PLN2005-57) from R-D (Multiple- Family Residential) to P-D (Planned Development); . Adopted Resolution No. 3669 recommending approval of a Planned Development Permit (PLN2005-58) to allow the construction of four town homes; . Adopted Resolution No. 3670 recommending approval of a Tentative Parcel Map (PLN2005-59) to allow the creation of four lots and one common lot on property owned by Mr. Richard Morgan located at 725 W. Hacienda Avenue; AYES: Alderete, Doorley, Ebner, François, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Gibbons reminded that this item would go to Council at its meeting of September 20, 2005, for final approval. *** Planning Commission Minutes of August 9, 2005 Page 11 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: . Announced that Council took action to reappoint Commissioners Alderete, Francois and Gibbons to the Planning Commission for a four-year term. . Advised that four properties were abated by the County Fire Marshal's Office under the annual Hazardous Vegetation Program. . Reported that Council upheld an appeal on the project at 500 W. Latimer and removed the requirement for a pedestrian walkway easement from the project. While it overruled the requirement imposed for a pedestrian walkway, Council commended the Commission for its action as being consistent with the General Plan. . Said that the next agenda will have three items. Chair Gibbons asked staff who had appealed. Director Sharon Fierro replied some local residents. ADJOURNMENT The Planning Commission meeting adjourned at 8:50 p.m. to the next Regular Planning Commission Meeting of August 23, 2005. SUBMITTED BY: , Corinne A. Shinn, Recording Secretary APPROVED BY: ¿; ~ :1;=ir'i~ Stíáron Fierro, Secretary ATTEST: