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PC Min 07/26/1994CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JULY 26,1994 C1TY HALL COUNCIL CHAMBERS The Planning Commission meeting of July 26, 1994, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairperson Perrine, and the following proceedings were had, to wit: Commissioners Present: Chairperson: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Jay Perrine Jane Meyer-Kennedy I. Alne Alana S. Higgins Mel Lindstrom Dennis Lowe Commissioners Absent: Commissioner: Susan A. Kearns Staff Present: Senior Planner: Planning Intern: City Attorney: Reporting Secretary: Darryl M. Jones Kristine P~ Bentz William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lindstrom, the Planning Commi~ion minutes of June 28,1994, were approved with one minor correction. (6-0- 1; Commissioner Kearns was absent) COMMUNICATIONS There were no communications. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of July 26, 1994 Page 2 ORAL REOUESTS There were no oral requests. pUBLIC HEARINGS Chairperson Perrine read Item No. 1 into the record. 1. UP 94-09 Public Hearing to consider the application of Mr. Gary Waters, on behalf of Gary's Sports Bar & Grill, Inc., for approval of a Conditional Use Permit to allow the establishment of an outside seating area and service of alcoholic beverages on property known as 2369 Winchester Boulevard in a C-2-$ (General Commercial) Zoning District. Ms. Kristine Bentz, following: Planning Intern, presented the staff report noting the Applicant is seeking a Conditional Use Permit to allow an outdoor seating area located at the rear of an existing restaurant located in the Campbell Plaza Shopping Center adjacent to the Safeway loading dock. Applicant's proposal includes four tables each with four chairs for a total of sixteen. In addition the plan calls for inclusion of a putting green and a horseshoe pit. This project is Categorically Exempt. The proposed use is consistent with the General Plan and Zoning for the site and is complimentary to the area which is currently treated as a "junk" storage area. The proposed use will enhance the area. At the Development Review Committee meeting, it was found that the design appeared "harsh" with concrete walls, asphalt and chain link. It was recommended that the applicant add a 10-foot stucco wall with lattice and extend the wall. Applicant has agreed to this request. The latest hour of operation for the outdoor seating area will be midnight on Friday and Saturday night. Lighting for the outdoor seating area will be directed inside the walled area with no impact on the local residences on Nido. Commissioner Lowe inquired whether the height of the wall will pose a fire safety hazard by preventing exit of the space. Ms. Kristine Bentz replied that an exit door is proposed in the front 10-foot wall andthe design of the space has been approved by both Central Fire and the Building Department to meet all safety codes. Planning Commission Minutes of July 26, 1994 Page 3 Commissioner Lowe asked what liability the City of Campbell would face in approving the establishment of a horseshoe pit near tables where people would be seated. City Attorney Bill Seligmann replied that the City has blanket immunity and would not be held liable simply for approving a use. The business owner assumes all liabilities for the use. Commissioner Alne asked for a clarification of the hours of operation. Ms. Kristine Bentz replied that the hours would be as follows: Monday through Thursday Friday and Saturday Sunday 11 a.m. to 10 p.m. 11 a.m. to 12 midnight 10 a.m. to 10 p.m. Commissioner Meyer-Kennedy reported that the Site and Architectural Review Committee recommended approval of this proposal. Chairman Perrine opened the Public Hearing on Item No. 1. Mr. Gary Waters, President, Gary's Sports Bar & Grill, Inc. · Stated that the hours of the bar were to 2 a.m. Monday through Saturday and until midnight on Sunday. The outdoor area would close no later than midnight any night of the week. · Clarified that Safeway has a 24 foot wall to protect residences from any noise impacts while they load and/or unload which is generally done at night. With that 24 foot wall and his additional wall, residences will be doubly protected from noise interference due to this proposed use. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Alne, the Planning Commission moved to close the Public Hearing. (6-0-1; Commissioner Kearns was absent) MOTION: On motion of Commissioner Meyer-Kennedy seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution 2924, allowing the establishment of an outside seating area and service of alcoholic beverages on property located at 2369 Winchester Boulevard, by the following roll-call vote: Planning Commission Minutes of July 26, 1994 Page 4 AYES: NOES: ABSENT: Alne, Higgins, Lindstrom, Lowe, Meyer-Kennedy, Perrine None Kearns This action is final in ten days, unless appealed. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Darryl M. Jones, Senior Planner, on behalf of Mr. Steve Piasecki, Community Development Director, was accepted with the following highlights made by Mr. Darryl Jones, Senior Planner: · The Planning Commission will be addressing the Yardstick application at its next meeting on August 9, 1994. Staff is not supportive of the proposal. ADJOURNMENT The Planning Commission meeting adjourned at 7:49 p.m., to the next Planning Commission meeting of August 9, 1994, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: Corinne A. Shinn, ¥,~cording Secretary APPROVED BY: Jay Perrind Chairperson ATTEST: on behalf of Steve Piasecki