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PC Min 01/14/1992PLANNING COMMISSION City of Campbell, California 7:30 P.M. JANUARY 14, 1992 'IUESDAY MINUTES The Planning Commission of the City of Campbell convened this day in regular session, at 7:30 p.m., in the CiW Hall Council Chambers, 70 North First Street, Campbell, California, and the following proceedings were had to wit: ROLL CALL Commissioners Present: Chairperson Jane Meyer-Kennedy Commissioner Robert Dougherty Commissioner Jay Perrine Commissioner I. (Bud) Alne Commissioner Alana Higgins Commissioner David Fox Commissioner Mark Wilkinson Commissioners Absent: None. Staff Present: Director of Planning, Steve Piasecki Planner II, Tim J. Haley City Attorney, Bill Seligmann City Engineer, Joan Bollier Reporting Secretary, Karon Shaban APPROVAL OF THE MINUTES On motion of Commissioner Higgins, seconded by Commissioner Alne, the minutes of the Planning Commission meeting of December 10, 1991, were unanimously approved, as submitted (7-0-0). COMMUNICATIONS: Director of Planning, Steve Piasecki informed the Commission that communications received were included in the Commission packets and pertain to items on the agenda. ORAL REQUESTS: There were no Oral Requests. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no Modifications or postponements. Planning Commission Minutes 2 January 14, 1992 SPECIAL PRESENTATIONS 1. Chairperson Present the Chairperson's gavel to newly elected Meyer-Kennedy Chairperson David Fox. Chairperson Meyer-Kennedy presented the gavel to Commissioner Fox, expressing appreciation to the Commission's and Staff's professional support over the past year. 2. Chairperson Fox Resolution of Commendation for outgoing Chairperson Jane P. Meyer-Kennedy. Chairperson David Fox presented the Resolution of Commendation, and the plaque of appreciation to outgoing Chair Meyer-Kennedy, who accepted it with appreciation. PUBLIC HEARINGS 4. TA 91-02 City-Initiated Continued Public Hearing to consider the City- Initiated application for a Text Amendment to Chapters 21.06, 21.22, 21.26 and 21.72 of the City of Campbell's Municipal Code providing off-sale beer and wine establishments as a permitted use in Commercial Zoning Districts, except for drive- up/drive-through restaurants and retail establishments which sell motor vehicle fuel on the premises. Chairperson Fox read the application into the record. Mr. Tim J. Haley, Planner II, presented the staff report noting the following: · Continuance from the last Planning Commission meeting to address concerns raised by the Commission relating to eliminating review by the Commission of uses that sell liquor, such as convenience stores adjacent to residential neighborhoods; and, allowing establishments with incidental liquor sales to operate without a Conditional Use Permit. Upon investigation of the above concerns, staff found that the Text Amendment had broader implications then originally anticipated and is recommending that amendments to Chapters 21.06, 21.22, 21.26 and 21.72 of the Campbell Municipal Code be referred to the City Council for its input, prior to Planning Commission action. Plannin~ Commission Minutes 3 January 14, 1992 Commission Discussion: In response to questions by Commissioners in relation to the referral, Mr. Haley pointed out that since at the last meeting the scope of the amendment has been broaden, consequently, there is a need to re-advertise the amendment. Chairperson Fox declared the Public Hearing opened. Public Comment: Richard Gaeteno, Owner of the Gas Lighter Theater, expressed confusion as to how this proposal would affect his business. Mr. Haley stated the proposed amendment would not affect existing businesses. Commissioner Perrine asked where this issue initiated from, and Mr. Haley explained that the item was referred from the City Council and in response to a request from "A Little Something Special," that incidental sales of alcohol not require a Conditional Use Permit. MOTION: On motion of Commissioner Wilkinson, seconded by Commissioner Dougherty, it was unanimously ordered that the Public Hearing be closed. MOTION: On motion of Commissioner Alne, seconded by Commissioner Wilkinson, it was unanimously ordered that a referral be transmitted to the City Council requesting authorization to amend Chapters 21.06, 21.22, 21.26 and 21.72 of the Campbell Municipal Code relating to review of commercial establishments that require Conditional Use Permits, and to exclude commercial establishments from having to obtain a Conditional Use Permit when the sale of liquor for off-site consumption is incidental (less than 10%) to total sales. o UP 91-19/ DDP 91-03 Fitch, R. Public Hearing to consider the application of Mr. Robert Fitch for approval of a Conditional Use Permit and a Downtown Development Permit to allow the establishment of a restaurant with an outside seating area and a beer and wine license, on property located at 33 Planning Commission Minutes 4 January 14, 1992 South Central Avenue, in a C-3-S (Central Business District) Commercial Zoning District. Chairperson Fox read the application into the record. Mr. Tim J. Haley, Planner II, presented the staff report noting the following: · The applicant's proposal. · Location of the proposed operation. · Parking ratio, noting the deficiency of 14 spaces. · Square footage of floor area and seating. · Consistency with the General Plan and Zoning Designation. · The parking strategy would require the applicant to agree to participate in an expanded or new parking district to make up for the deficiency; further, that the applicant agree to request that employees park in the parking garage if parking problems occur. · Improvements to the interior and exterior of the building. · There would be between 10 and 20 employees. · The use would consist of serving breakfast, lunch and dinner. · The proposed restaurant would be open no later than 10:00 p.m. · Staff supports the application. · The project is Categorically Exempt from Environmental Review. Commissioner Alne presented the Site and Architectural Review Committee report from the meetings of December 11, 1991, and January 8, 1992, noting recommendations from the Committee: · Minor modifications to the building roof lines. · That the proposed flag treatment be modified. · The provision of a full veneer brick treatment on the building facade, and on the low screen wall along the outside seating area. · The mural be eliminated. · The Committee requested a landscape and irrigation plan. · The Committee will support the application. Commissioner Wilkinson raised concerns regarding the deficiency in parking spaces. Commissioner Meyer-Kennedy expressed concerns about the parking and about the number of restaurants existing in the downtown area. Mr. Haley explained Staff's opinion in relation to the parking deficiency which could be mitigated by implementation of the parking district agreement and that parking demand during peak hours are different than that of surrounding businesses. Planning Commission Minutes 5 Januar~ 14, 1992 Commissioner Meyer-Kennedy expressed concerns regarding parking in front of the building and the number of restaurants currently in the downtown. Commissioner Alne contended that approval of this application may create a parking problem, however, pointed out that problems initiate resolutions. He expressed concern about leaving the existing building vacant. Commissioner Perrine asked staff to describe the current parking situation downtown. Mr. Haley noted that the parking is deficient, however, development and growth of the downtown businesses are encouraged. Consequently, Staff is recommending a strategy to expand parking in the downtown by requiring commitments from the property and business owners downtown, in the future. Chairperson Fox declared the Public Hearing opened. The applicant, Mr. Robert Fitch, 2356 Rosita Street, Santa Clara, discussed the proposal, noting that: · Requiring employees to park in the parking garage would be beneficial to the business--that parking in front of the building would be reserved for customers. · The proposed cafe is not a sports bar, as referred to by Commissioners, but a family cafe where families can have their own private boxes to watch sports events. · The business owner is considering video taping local little league games for family viewing at the proposed cafe. · Neighboring business owners are supportive of the endeavor. · Deficit in parking is insignificant since the lunch customers will be walking from nearby businesses, and the dinner customers will be arriving after most offices are closed. · Most of the games that are going to be provided on the large screen are scheduled for Monday nights and weekends. · The exterior and interior of the existing building will be upgraded. · The proposal would be an enhancement to the downtown area. · The Conditions of Approval are acceptable. Public Comment: Mr. Rick Rodrigues, owner of A Step Back in Time, spoke in support of the proposed project, noting that even though this would increase the number of Planning Commission Minutes 6 Januar~ 14, 1992 restaurants in downtown, often the restaurants are full, and that he walks a great distance to get to these restaurants. Further, he discussed employee parking, and the plans to relocate the current historic museum and create a parking structure, that the Campbell Business Association is supportive of the application, and, that the proposal, unique in nature would help create an influx of outside customers for all the merchants in Campbell. Mr. Richard Haro, President, Downtown Campbell Business Association, spoke in support of the application, pointing out that the area merchants are organizing an effort to lease some of the available parking areas in Campbell, as well as working in conjunction with the Campbell Police Department to discourage parking violations. Further, Mr. Haro stated that it is stressful to local business owners to see empty buildings all over Campbell. MOTION: On motion of Commissioner Wilkinson, seconded by Commissioner Meyer-Kennedy, it was unanimously ordered that the Public Hearing be closed. Commission Discussion: Commissioner Wilkinson clarified the concerns he raised earlier regarding parking by noting previous applications that have had parking deficiencies and have been approved. He stated that he is supportive of the specific use requested. Commissioner Alne pointed out that problems have to occur before solutions are initiated. Commissioner Meyer-Kennedy spoke about employee parking and asked that the application be conditioned to mitigate parking problems. Commissioner Dougherty spoke in support of the application, however, asked that Condition No. 8 regarding parking be amended to require that employees park in the rear parking structure, leaving the front parking spaces available for customers. City Attorney Bill Seligmann suggested appropriate language for Condition No. 8, as follows: "Employee Parking: The applicant shall require that employees park in the parking district parking structure located on First Street except where otherwise required necessary to reasonably accommodate handicapped Planning Commission Minutes 7 January 14, 1992 individuals." Chairperson Fox was supportive of the proposal because filling an empty building would be benefidal to the City of Campbell. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Meyer-Kennedy, it was unanimously ordered that Resolution No. 2781 be adopted, incorporating the attached findings, subject to the Conditions of Approval as amended, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Higgins, Perrine, Wilkinson, Dougherty, Meyer-Kennedy, Fox None. None MISCELLANEOUS Chairperson Appointments to the Site and Architectural Review Fox Committee. Chairperson Fox, there being no objections, appointed Commissioner Alne to Chair, Commissioner Wilkinson to serve as the second member, and Commissioner Dougherty to act as an alternate on the Site and Architectural Review Committee. OTHER ISSUES BROUGHT UP AT THE MEETING Chairperson Fox outlined various policy changes he would like to see implemented relating to the Site and Architectural Review Committee's role in review of applications such as signs, minor site modifications, and minor building adjustments. The planning staff suggested that any policy change be forwarded to the City Council prior to implementation by the Planning Commission. Commissioner Dougherty requested that the City Council audio equipment be examined, since the current system often creates confusion for the audience. REPORT OF THE PLANNING DIRECTOR The report of the Planning Director was accepted. Planning Commission Minutes 8 January 14, 1992 ADJOURNMENT The meeting adjourn at 8:45 p.m., to the next regularly scheduled Planning Commission meeting of January 28, 1992, at 7:30 p.m., in the City Council Chambers, 70 North First Street, Campbell, California. Respectfully Submitted by: Karon Shaban Reporting Secretary APPROVED: David Fox Chairperson ATTEST: Steve T. Piasecki Secretary