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PC Min - 01/24/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JANUARY 24, 2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of January 24, 2006, was called to order at 7:32 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Alderete and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Bob Alderete Michael Rocha George Doorley Tom Francois Bob Roseberry Commissioners Absent: Commissioner: Commissioner: Mark Ebner Elizabeth Gibbons Staff Present: Community Development Director: Senior Planner: Associate Planner: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind Tim J. Haley William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission minutes of January 10, 2006, were approved as submitted. (5-0-2; Commissioners Ebner and Gibbons were absent) COMMUNICATIONS 1. Revised pages from staff report for Agenda Item NO.1. AGENDA MODIFICATIONS OR POSTPONEMENTS Director Sharon Fierro advised that Item NO.2 has been withdrawn by the appellant. ORAL REQUESTS There were no Oral Requests. Planning Commission Minutes of January 24, 2006 Page 2 *** PUBLIC HEARINGS Chair Alderete read Agenda Item NO.1 into the record as follows: 1 . PLN2005-162 O'Mara, D. Public Hearing to consider the application of Mr. David O'Mara, on behalf of O.M., Inc., for a Conditional Use Permit (PLN2005-162) to allow general on-sale liquor license and late night operational hours on Fridays for a new 4,420 square foot restaurant (Aqui) on property owned by Campbell Avenue LLC located at 175 - 201 E. Campbell Avenue in a C-PD (Condominium-Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking a Conditional Use Permit to allow the establishment of a restaurant with general liquor license and late night operations on Fridays. . Described the 4,420 square foot tenant space as being on the east end of the ground floor of a mixed-use building that is north of Sonoma Chicken Coop. This new building, on the corner of South Second and East Campbell Avenues consists of retaillrestaurant space on the lower floor and 22 residential condominiums on the upper floors. · Stated that the proposed restaurant, Aqui, will include 230 seats including 60 outdoor seats and 54 bar area seats. · Said that the Use Permit will allow a general on-sale liquor license and operational hours to 12 a.m. on Fridays. · Explained that staff is supportive and that this request is consistent with the General Plan Land Use designation of Central Commercial. · Recommended the adoption of a Resolution approving this Conditional Use Permit. · Referred to an exhibit provided in a staff report that outlines other liquor establishments in the vicinity. · Informed that this item was not reviewed by SARC as there are no architectural changes. Commissioner Roseberry asked if the proposed outdoor seating is handled through another permit process. Planner Tim J. Haley replied that an Outdoor Seating Permit is handled as a staff-level application. Chair Alderete opened the Public Hearing for Agenda Item NO.1. Planning Commission Minutes of January 24, 2006 Page 3 Mr. David O'Mara, O.M. Inc, Applicant and Business Owner, Aqui Restaurant: . Explained that his company builds a new restaurant every 6.5 years. · Stated that there is no better community than Campbell and he is looking forward to establishing his newest restaurant location in Campbell and having it become a fabulous addition to the Downtown. Commissioner Francois told Mr. David O'Mara that the City is really happy to have Aqui Restaurant come to Campbell with its established reputation for exemplary food and service. Mr. David O'Mara advised that the Chef who develops the food served at Aqui Restaurants is present this evening and is sure to appreciate the comments expressed here tonight on the quality of the menu. Chair Alderete closed the Public Hearing for Agenda Item No.1. Commissioner Rocha thanked staff for address noise issues, particularly Condition #10 that addresses noise management. He asked if the external noise coming from Sonoma Chicken Coop would soon be curtailed. Director Sharon Fierro replied that to date she has had no complaints about this issue upon which to follow up. Commissioner Rocha said he would discuss this privately with Director Fierro after the meeting. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3706 approving a Conditional Use Permit (PLN2005- 162) to allow general on-sale liquor license and late night operational hours on Fridays for a new 4,420 square foot restaurant (Aqui) on property owned by Campbell Avenue LLC located at 175 - 201 E. Campbell Avenue, by the following roll call vote: AYES: Alderete, Doorley, Fran!fois, Rocha and Roseberry NOES: None ABSENT: Ebner and Gibbons ABSTAIN: None Chair Alderete advised that this action is final unless appeal in writing to the City Clerk within 10 calendar days. *** Chair Alderete read Agenda Item No.2 into the record as follows: Planning Commission Minutes of January 24, 2006 Page 4 2. BLD2005-01600 (NOTE: This appeal has been withdrawn at the request of the Appellant) Public Hearing to consider the appeal by Mr. Robert Nicholas of the Community Development Director's Administrative Decision approving a second story addition to an existing residence on property owned by Eric and Jennifer Colson located at 341 N. Harrison Avenue in an R-1-6 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Tim J. Haley, Associate Planner Director Sharon Fierro reminded that this item has been withdrawn. Chair Alderete asked if any action by the Commission is required. City Attorney William Seligmann suggested a motion to accept this withdrawal of an appeal. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission accepted the withdrawal from the agenda the Appeal by Mr. Robert Nicholas of the Community Development Director's Administrative Decision approving a second story addition to an existing residence on property owned by Eric and Jennifer Colson located at 341 N. Harrison Avenue. (5- 0-2; Commissioners Ebner and Gibbons were absent) *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Reported that on January 1 th the City Council approved the 8-unit residential project at Bucknall and Fulton and upheld all of the conditions imposed by the Planning Commission, including the requirement for a Homeowners Association. Additionally, Council approved the McGlincy Lane industrial condominium map. · Advised that the next Planning Commission on February 14th (Valentines Day) has a one-item agenda. On February 28th a Study Session will be held to discuss Historic Residential Design Guidelines. Commissioner Roseberry asked if there would be a SARC meeting on February 14th. Planner Tim J. Haley replied that he believed so. Planning Commission Minutes of January 24, 2006 Page 5 ADJOURNMENT The Planning Commission meeting adjourned at 7:47 p.m. to the next Regular Planning Commission Meeting of February 14, 2006. SUBMITTED BY: ~~ Corinne A. Shinn, Recording Secretary APPROVED BY: ~~ Bob Alderete, Chair ATTEST: 4~Y~ Sharon Fierro, Secretary