PC Min 03/13/1990PLANNING COMMISSION
CITY OF ~BELL, CAI, IFORNIt
7:30 pm
CITY HALL COUNCIL CHAMBERS
MARCH 13, 1990
TUESDAY
MINUTES
The Planning Commission of the City of Campbell convened this day in regular
session in the City Hall Council Chambers, 70 North First Street, Campbell,
California, and the following proceedings were had, to wit:
ROIL C^IJ.
Commissioners Present:
Chairperson Jay Perrine
Commissioner David Fox
Commissioner Jane Meyer
Commissioner Mark Wilkinson
Commissioner I. (Bud) Alne
Commissioner Bruce Olszewski
Commissioners Absent: Commissioner Ronald Christ
Staff Present:
Director of Planning, Steve Piasecki
Principal Planner, Phil Stafford
City Engineer, Bill Helms
City Attorney, William Seligmann
Reporting Secretary, Pat Masters
APPROVAL OF MINUTES
M/S Meyer, Alne
Motion to approve the Minutes of February 13 and
February 27, 1990 as presented carried 6-0-0-1,
Commissioner Christ being absent.
COMMUNICATIONS
Planning Director noted the following items:
Re Item #1: Revised Findings
Re Item #4: Letter from Jean McDonald
ORAL COMMUNICATIONS
Mr. Ron Smith of 170 Fireway, Campbell, inquired as to the recycling bins that
were distributed by Green Valley Disposal. Wanted to know who had initiated
this action and why he, as a resident, had to pay the additional monthly charge
when he does not need the service. Chairperson Perrine refferred him to the
City Manager's office.
Planning Commission Minutes -2- March 13, 1990
PUBLIC HEARINGS
UP 90-02
Zabaldo, P.
Public Hearing to consider the application of
Mr. Pat Zabaldo for approval of a Use Permit to operate
a live-entertainment night club on property known as
1875 South Bascom Avenue, in a C-2-S (General
Commercial) Zoning District.
Chairperson Perrine read the application into record.
Director Piasecki presented the application and the Staff report dated
3/13/90.
Commissioner Fox brought up the issue of exits in case of fire, and structural
questions in regard to weight of dance floor, to which Director Piasecki
reported that if the project were allowed to go forward, these items would be
part of the codes that would be met.
One of the applicants, Cliff Rueter Manager of the Pruneyard, addressed the
Commission. He commented that this night club would be first class, up-scale,
with live entertainment beginning at 9:30 p.m.; would be well-buffetted from
neighborhood; bring in right kind of clientele. He also pointed out the
Pruneyard had it's own security system. The operator who would be managing the
proposed establishment had 13 years of experience and managed 5 other
entertainment clubs, one of them being Boswell's (within the Pruneyard itself).
Commissioner Olszewski asked Mr. Rueter to explain the training procedure of
the security force the Pruneyard employed, any overseeing by any State agency
and how the Pruneyard security resolved conflicts that arose. Mr. Rueter
reported they contracted a security service PSI and did not know as to their
training and did not know as to any State agency overseeing them.
Commissioner Alne asked regarding
why was it necessary to "buffer" the site;
did they expect much noise, loudness, drunkenness;
what procedure did they go through before calling the Police.
Mr. Rueter responded to the questions.
Commissioner Fox was concerned as to why build a tenth bar when the Pruneyard
already had 9 restaurant/bars and how did PSI handle incidents not reported to
Police? Were patrons sent home? Were breathalizer tests administered?
Mr. Rueter said that no records were kept on incidents that were not reported
to the police and regarding breath testing, this was not their function.
Mr. Pat Zabaldo, part of the applicant team, presented the site plans, layouts
of lounge, bar, spectator area, interior decor, parking and overall details of
proposed establishment.
Planning Commission Minutes -3- March 13, 1990
Commissioner Alne asked if provisions had been made for any earthquake
possibilities in the bar-area where much glass could come down, to which Mr.
referred told him they had designed such a safety system.
Mr. Fred Sahadi, owner of the Pruneyard and proposed night-club, addressed the
Commission.
Mr. Sahadi reported that the location in the Pruneyard where this
nightclub would be situated had originally housed a restaurant bar which
had gone under bankruptcy (Chapter 11) and a trustee judge had then
allowed the Terrace to take possession of same (and this had been a
disasterous move and which had taken large amounts of money to get these
tenants evicted).
His intent was to build an establishment that would be unique to the
Silicon Valley; a San-Francisco type live entertainment operation; dress
code would be required; a cover charge would be imposed; a 1950-60 era
type atmosphere; target age 30-50. He would be investing large capital,
as will the operator, which will generate income not only for the
Pruneyard but also for the City of Campbell. He will be building a
nightclub that will allow people to come have a drink in a first-class
type club, manner and style that is consistent of what the Pruneyard
hopes to be in the 90's and what it used to be like in the 70's.
With respect to the question of the 11 Police reports, if there is an
incident it is recorded, if there is no incident ~ it is not recorded -
January/February 1990 were 11 reported incidents where the Campbell
Police Department had been called.
In answer to Commissioner Alne's inquiry as to what type of live entertainment
would be provided and how did it compare with Boswell's live entertainment, Mr.
Sahadi stated the music would be in the 1960-70 frame, the musicians would play
a set for 35-45 minutes, break for 15. Boswell's has live music also, but is
soft rock.
Commissioner Alne addressed the issue of Police Chief Cost's letter regarding
the operator. Mr. Sahadi said that he personally vouched for the operator,
Jeff Brigham. Commissioner Alne also wanted clarification of the target
age-group 38-50?, 24-35? Mr. Sahadi apologized for any miscommunication but
reiterated the target age group would be 30-50 (whereas Boswell's is 24-35).
Commissioner Olszewski inquired of the applicant what suggestions he would have
in order to avoid calling the police for incidents that could not be handled by
PSI (a conditional permit would not be beneficial to any of the parties) to
which Mr. Sahadi suggested drafting a condition of approval to the use permit
that the operator must employ two full time security guards (in or out of
uniform) for week-end activities, and one full time security guard for week
nights. This could be included in the lease between the Pruneyard and the
operator, a copy of which could be on file with the Planning Department.
Planning Commission Minutes -4- March 13, 1990
Commissioner Fox wanted to know what kind of references would he get on the
operator should he call the other cities in which Mr. Brigham has
establishment. Mr. Sahadi said he could personally vouch for the operator.
Commissioner Alne wanted to know what would prevent the new establishment,
should it ever go into Chapter 11 bankruptcy, falling into the same pitfall as
had the Outlook/Terrace? Mr. Sahadi reported that this risk would never happen
again, and was so incorporated into the lease.
Chairperson Perrine and Mr. Sahadi reviewed proposed uses of the project.
The operator, Mr. Jeff Brigham, then addressed the Commission. He said he
would get good references from the communities; did not agree there were
problems at Boswell~s (disco's are problem sources; drink promotions, etc.),
defended Mt. Charlie~s as good clientele (28-30 age group). In answer to
Commissioner Alne~s question as to how many calls he had placed to police
during the months of January and February, 1990, from each of his
establishments, the answer was "none."
Chairperson Perrine wanted to know how the operator compared this proposed
night club to Boswell~s, to which he replied the overall upscale/clientel/dress
code/cover charge would generate a higher class nightclub.
Commissioner Meyer gave the Site and Architectural Review Committee (SARC)
report of 3/6/90 and because of the following concerns, this Committee could
not support this application:
structural integrity of the building;
magnitude towards heavy load of live entertainment;
exit access to large numbers of people~
police report;
parking issues.
Commissioner Olszewski expressed his concern that the function of the SARC was
to review the site and architecture issues; the other concerns belonged to
different deparments. Perhaps a future study session would be in order.
Commissioner Alne who had observed the SARC meeting, was concerned as to the
traffic/circulation of heavy traffic coming from the night club at 2 am.
Commissioner Wilkinson pointed out that Bascom and Campbell Avenues are main
thoroughfares and should be able to handle the traffic.
Chairperson Perrine opened the Public Hearing.
Chief of Police Cost, addressed the Commission.
Wanted to go on record that the Police Department (PD) was not opposed to
anyone having fun!
Although the PD did not recommend approval, should the Planning
Commission approve, they would work diligently to come up with a set of
mitigations to take care of impact this club would have.
The Pruneyard security has a reputation of being very responsive and
works well with the Campbell Police Department. If they would switch
services, this may cause nervousness to the them.
Planning Commission Minutes
5- March 13, 1990
City of Campbell has approximately 1125 liquor licenses, of these in
1988, 9 of of them caused 90% of the problems. Of the 9, Boswell's was
consistently #9, the lowest cause of excessive services. Chief Cost
indicated Mr. Brigham has been cooperative and responsive.
Regarding Mr. Brigham's other licenses, the Police Department was in the
process of checking with Los Gatos in regards to Mt. Charlie's. Khartoum
does not generate any PD services; his Woodside operation in San Mateo
County is probably the one that generates the most service calls.
Major concern would be the large volume of service calls which take away
PD time from actual police work vs service calls to night clubs.
Commissioner Alne asked Chief Cost what the applicant weould have to do in
order to make this proposition totally acceptable to the Police Department.
Chief Cost said mitigations such as service level triggers that would
automatically bring a conditional use permit back for review or actually have
their use permit threatened. Chief Cost indicated that he would need more time
to prepare a comprehensive list of conditions of approval.
Commissioner Alne was able to obtain agreement from Chief Cost that if the
applicant could successfully satisfy the Police Department through a mutually
agreed-upon check list of requirements generated by applicant and the Police
Department, this application would probably be looked upon favorably.
In reviewing the applicant's statements regarding a higher-class establishment,
Commissioner Wilkinson asked what types of night clubs create the most service
calls and should the Commission concentrate on allowing higher class night
clubs and trying to get rid of the rift-raft?. Chief Cost said the higher the
age group of the clientele, the lower the problems.
Commissioners Meyer and Olszewski inquired of the Chief re affect
police arrests had on the community; and
having uniformed officers on premises of establishments
Chief Cost advised each service call of this particular type took an average of
45 minutes and having a highly trained individual, employee of a security
establishment - not of the club - would be a good way to go. A non-employee
would be more objective and would not have loyalty to the club.
In answer to a definition of the New Nightclub Enforecement Policy which the PD
had initiated in 1988, the Chief stated one part is written for the nightclub
owner (their responsibilities/rights, etc.) and the other part is how to
instruct officers responding to a service call. Copies can be obtained upon
request.
The Commission appreciated the Chief's attendance and ascertained from the
Chief, should the Commission decide to continue this hearing for further
conditions, the Police Department would be willing to work on a Committee to
explore these conditions.
Logan Cartright, a resident of Campbell, addressed the Commission and although
he does not believe Campbell needs another night club, the Pruneyard would be
the best place to have one.
Planning Commission Minutes
-6- March 13, 1990
Commissioner Olszewski suggested not closing the public hearing at this time,
but rather discuss some options between Commissioners As he saw the options:
(a) approve as presented;
(b) define who would be responsible for providing the security on the
project, and define additional conditions; and/or
(c) deny the application.
He favored the second option - good location, no parking problems; traffic
could be handled, nice environment.
Commissioner Fox, although at first did not support this application, noted the
investment the applicant had in this project and knew this applicant would have
to come before the Commission in the future for future applications. He agreed
with Commissioner Olszewski on his views and favored uniformed security on the
premises.
Commissioner Wilkinson agreed as to the location and would like to see some
up-scale places added to the City, however that it was necessary to be
sensitive to the applicant's concern about having uniformed security standing
round the establishment.
Commissioner Alne recommended that if Police and applicant could reach
agreement of conditions that would make this establishment a safe and reliable
place, this would be acceptable to him.
Commissioner Meyer agreed with the other Commissioners who had spoken and
clarified that the SARC had not supported the application because all the
answers had not been available at the time of the meeting and suggested a
representative of the applicant be present in the future. Would support this
application with the Police Department's recommendations.
Chairperson Perrine would support the application and would be in favor of
mitigation, in particular ways that would have service trigger levels.
In answer to mitigation terms between applicant and Police Department, City
Attorney noted there may be legal problems with delegating total broad
discretion to the Chief of Police. Some specific guidelines as to the
conditions need to be given.
Director Piasecki felt that two weeks would be necessary and reasonable to go
through a number of issues that may go beyond simply uniformed security;
occupancy level, legal aspects of no-drink promotions, cover charge, etc. Two
weeks may give both the Commission and applicant a little higher level of
comfort. He also pointed out the Planning Commission had final decision and
unless appealed, would not go on to the City Council. The live-entertainment
permit does to to the City Council.
City attorney Seligmann pointed out Planning Commission should not give a cart
blanc authority to Policy Department in drawing up mitigation languages, but
that certain conditions should be drawn and brought back for review.
Commissioner Alne summarized by commenting that conditions need to be developed
that are mutually acceptable for the conduct of this business.
Planning Commission Minutes
-7- March 20, 1990
M/S Alne, Meyer
Motion to continue Public Hearing to the next
scheduled meeting of March 27, 1990, carried
6-0-0-1, Commissioner Christ being absent.
TA 89-03
City-Initiated
Continued Public Hearing to consider addition
to Text Amendment to the Campbell Municipal Code,
Section 21.02.126, defining Commercial Vehicle.
Chairperson Perrine read application into record.
Director Piasecki presented Staff Report dated March 23, 1990.
Commissioner Fox received clarification from Director Piasecki that by
withdrawing meant Staff would work with the community and bring back their
input sometime next year.
Chairman Perrine opened Public Hearing.
Commissioner Olszewski wanted clarification of "a more comprehensive review of
the ordinance. "as noted in last paragraph on Page 1 of staff report to which
Director Piasecki responded that what they interpreted that to be look at the
issue of threshold, standards that could be written that would afford everyone
a higher comfort level size of lots, looks of vehicles, etc. He foresees
actually going out into the community to see what the vehicles look like, what
kinds of issues specifically are acceptable/offensive to residents, etc.
As a result of the hearing of 2/13/90 the Commission directed Staff to meet
with residents to try to determine certain issues. The issues that are being
raised are well beyond the scope of the amendment.
Commissioner Alne did not concur with the recommendation of Staff to withdraw.
Mr. Seligmann advised the Commission should hold the same procedures, open
Public Hearing, etc.
Chairperson Perrine opened Public Hearing.
Commissioner Olszewski received clarification from Director Piasecki as to the
procedure this referral would take upon its being withdrawn from the Planning
Commission calendar and that would be that the City Council would put it on
their Work Program and outline to the Planning Commission the direction of this
issue, how many hours to spend on their study, and look at the Ordinance more
comprehensively.
Commissioner Alne at this time presented his concerns. 1. Current Code prohibits storage of all commercial vehicles in
residential districts.
2. Current definition unclear.
3. DMV defines commercial vehicles that can be identified - not
applicable to this use.
4. Suggests Planning Commission give Council concrete wording to
review.
Planning Commission Minutes
-8- March 13, 1990
5o
Suggests Alternate #2, previously submitted by City attorney
Seligmann and change, as follows:
a) Under Section A, add following item:
"1. A vehicle displaying the name, sign or logotype of a
commercial entity."
b) Under Section B., add the words "or van" after the word
"truck" (2 instances).
Commissioner Fox did not agree as the Ordinance was unclear and changing it
would cause more confusion. A better suggestion would be to take it off the
calendar, get input from community, Planning Commission, City Council and
review the entire ordinance.
Logan Cartright, a Campbell resident, agreed with Commissioner Staff's
recommendation. He had met with Staff and he and other Campbell residents
supported taking more time to review the entire ordinance.
Commissioner Perrine suggested closing Public Hearing and refer the matter to
City Council. Commissioner Olszewski agreed and suggested Commissioner Alne's
Revised Alternative #2 be forwarded to the City Council together with the
referral. Mr. Seligmann pointed out that the present law would make
enforcement quite difficult because of lack of clear definition.
Mr. Peter France, a resident of Campbell and who had not been at the Planning
Commission meeting of 2/13/90 inquired as to how/why all this had come about to
which Chairperson Perrine gave a quick review.
Mr. Ron Smith, Campbell, wanted to know how the Staff plans to work with the
community on this issue and was advised by Director Piasecki that all audience
is invited either by filling out a slip this evening, calling or stopping by
the Planning Department and will send a notice of hearing.
M/S Wilkinson, Meyer
Move to close Public Hearing on TA 89-03 carried
6-0-0-1, Commissioner Christ being absent.
M/S Wilkinson, Meyer
Motion to withdraw TA 89-03 and refer matter to
City Council, and include Commissioner Alne's
revised Alternative #2 for information purposes
only.
No discussion on motion.
Roll Call Vote on Motion:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Fox, Alne, Meyer, Wilkinson, Perrine, Olszewski
None
Christ
Chairperson Perrine thanked the audience for their interest in wishing to
participate in the future, and Director Piasecki informed the audience that
this item would be directed to the City Council's meeting of April 3, 1990.
Planning Commission Minutes
HPB 90-01/ZC 90-01
Bowen, B.
-9- March 13,1990
Public Hearing to consider the application of
Mr. Bruce Bowen, on behalf of Ainsley Development
Company for designation of the commercial
building as a historic landmark; and a Zone
Change from C-3-S (Central Business District) to
C-3-S-H (Central Business District/Historic
Overlay), located on the property known as 365
East Campbell Avenue, in a C-3~S (Central
Business District) Zoning District.
Chairperson Perrine read the application into record.
Principal Planner Phil Stafford presented the Staff report dated March 13,
1990.
Commissioner Olszewski concerns: how would this fit into current plans for the
Downtown area and how exterior changes would be handled to which Mr. Stafford
reported it would be maintaining the historic characteristic of the of the area
which is consistent with the General Plan and intent of the Downtown plan and
regarding structural changes would have to be reviewed by Historic Preservation
Board.
Public Hearing opened. No one wished to speak.
M/S Alne, Wilkinson
Moved Public Hearing be closed, carried 6-0-0-1,
Commissioner Christ being absent.
M/S Meyer, Fox
Move to accept Staff recommendation on HPB 90-01.
No discussion on motion.
Roll Call Vote on Motion:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
Fox, Alne, Meyer, Wilkinson, Perrine, Olszewski
None
Christ
UP 90-03/S 90-01
Hunter Properties
Public Hearing to consider the application of
Mr. Deke Hunter, for approval of a Site and
Architectural Application and a Conditional Use
Permit to allow the expansion and remodel of an
existing shopping center and the construction of
a drive-through restaurant on properties known as
1650-1800 South Bascom Avenue, in a C-2-S
(General Commercial) Zoning District. (Planning
Commission action final, unless appealed.)
Chairperson Perrine read the application into record.
Director Piasecki presented Staff report dated 3/13/90.
Commissioner Alne asked if Robway Avenue would be opened through to the
shopping center to which he received a negative reply.
Planning Commission Minutes
-10- March 13, 1990
Commissioner Olszewski would like to to a signage program, landscaping in the
parking lot area as this is a very sensitive corner.
Commissioner Fox encouraged applicant to come back with as complete a package
as possible that does address signage, architecture on corner, landscaping as
suggested by Commissioner Olszewski.
Commissioner Alne asked that consideration be given to pedestrian traffic that
is coming north on Bascom.
Applicant addressed the Commission. Would address all the issues brought up by
the Commissioners when he would bring this application back to them.
After listening to applicant, both Commissioners Alne and Olszewski were
concerned that the tenants, and not the applicant, would have final say-so on
layout of this project. Applicant assured this would not happen but because
the tenants had been at this site for so long and were paying below market
rent, they were a little apprehensive as to what changes would be taking place.
Ail Commissioners remarked that site review would be very important and
stressed to the applicant to submit a completed package when he was ready to be
heard again.
M/S Fox, Meyer
Motion to continue this Public Hearing to the Planning
Commission meeting of April 10, 1990, carried 6-0-0-1,
with Commissioner Christ being absent.
SUBCOMMITTEE REPORTS
Landscape Standards Committee. Commissioner Olszewski reported the members
were: establishing their leadership roles;
defining details of scope of issues and problems;
contact other cities/agencies as to how these issues/problems were
being addressed;
developing their work plan;
getting familiar with landscape guidelines, feeling comfortable
with issues;
developing time frames;
Commissioner Fox expressed interest in attending next meeting.
REPORT OF THE PLANNING DIRECTOR
Director Piasecki reported ABAG material that relates to the proposed
guidelines that Commissioner Olszewski spoke about which might be helpful for
the Committee.
ADJOURNMENT
The Planning Commission meeting of March 13, 1990, adjourned at 11:20 p.m., to
the next regularly scheduled Planning Commission to be held in the City Council
Chambers, 70 North First Street, Campbell, at 7:30 p.m.
APPROVED:
Jay Perrine
Chairperson
ATTEST:
Steve Piasecki
Secretary
RECORDED: Pat Masters