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PC Min - 02/28/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY FEBRUARY 28, 2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of February 28, 2006, was called to order at 7:34 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: Commissioner: Commissioner: Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Planner I: City Attorney: Recording Secretary: Council Ethics Subcommittee: Councilmember: Councilmember: City Clerk: Citizen Member: Bob Alderete Michael Rocha George Doorley Mark Ebner Tom Francois Elizabeth Gibbons Bob Roseberry Sharon Fierro Jackie C. Young Lind Melinda Denis William Seligmann Corinne A. Shinn Joseph D. Hernandez Jane P. Kennedy Anne Bybee Barbara Conant APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission minutes of February 14, 2006, were approved as submitted. (7-0) COMMUNICATIONS There were no communications items. Planning Commission Minutes of February 28, 2006 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no Oral Requests. SPECIAL PRESENTATION The City Council appointed Ethics Subcommittee will present a draft of the City's Statement of Values. The Subcommittee would like to receive feedback from all Commissions before submitting the Statement of Values to the City Council for approval. Tentative City Council Meeting Date: March 21,2006. Councilmember Joseph Hernandez: . Advised that the Council's Work Plan for 05/06 included the establishment of an Ethics Ordinance. . Explained that Council is interested in maintaining a strong sense of community and integrity and sought to form a standard of behavior that will support doing the right thing. . Said that it is important for elected and appointed officials to be proactive rather than reactive. . Said that Council formed an Ethics Subcommittee that consists of Councilmember representatives Hernandez and Kennedy; public representative Barbara Conant and two executive staff representatives, City Manager Dan Rich and City Clerk Anne Bybee. . Said that this Ethics Subcommittee drafted this collective work product. . Read the preamble into the record: o To promote and foster the highest degree of public trust, the Campbell City Council has adopted a Statement of Values reflecting the core beliefs of the community. These key values are deeply held beliefs that influence a person's attitude, actions and decisions. Values, in turn, form the basis for ethical decisions. Ethics are standards or principles for how treat one another. Ethical behavior requires a commitment to "do the right thing. o The Campbell Statement of Values expresses the standards for the highest integrity and ethical conduct expected for elected officials, appointed commissioners and board members, executive staff and candidates for local office. These individuals have the responsibility to assure that they understand and follow, in evety respect, the ethical standards so that the public can continue to have full confidence in its officials, candidates and the democratic process. o This Statement of Values is expected to be a "living" document and reviewed or updated periodically. . Explained that there are six different values. . Added that the Statement of Values would be voluntarily signed. Planning Commission Minutes of February 28, 2006 Page 3 . Said that the Ethics Subcommittee is presenting this draft to all Boards and Commissions in order to secure feedback. . Added that it is anticipated that this Statement of Values would be presented to Council on March 21st. . Said he is proud to present this draft and welcomes feedback and input from the Planning Commission. The members of the Planning Commission applauded the Ethics Subcommittee for its efforts. Chair Alderete thanked Councilmember Joseph Hernandez and the other members of the Subcommittee who were present this evening for their work on this document. He said that this would be a living document that allows updates and edit over the course of time and review every two years thereafter. *** PUBLIC HEARINGS Chair Alderete read Agenda Item No. 1 into the record as follows: 1. PLN2005-164 Dariani, R. Public Hearing to consider the application of Mr. Ramin Dariani, on behalf of Sunnyoaks Valero, for a Conditional Use Permit (PLN2005-164) for the remodel of an existing service station to accommodate a mini-market, new service island, a car wash and a storageloffice area on property owned by Dariani Enterprises located at 2855 S. Winchester Boulevard in a C-2-S (General Commercial Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Tim J. Haley, Associate Planner Chair Alderete advised that staff is proposing a continuance of this item to the March 14, 2006, Planning Commission meeting. Commissioner Rocha clarified that this item would go to SARC on March 14th. Chair Alderete opened the Public Hearing for Agenda Item NO.1. Planning Commission Minutes of February 28, 2006 Page 4 Motion: Upon motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission unanimously CONTINUED consideration of a Conditional Use Permit (PLN2005- 164) for the remodel of an existing service station to accommodate a mini-market, new service island, a car wash and a storage/office area on property owned by Dariani Enterprises located at 2855 S. Winchester Boulevard to the SARC meeting of March 14,2006. (7- 0) *** Chair Alderete read Agenda Item NO.2 into the record as follows: 2. PLN2006-02 Spanu, G. Public hearing to consider the application of Mr. Giuseppe Spanu, on behalf of Mario Corporation, for a Conditional Use Permit (PLN2006-02) to allow a general on-sale liquor license and late night activities for a restaurant on property owned by Mr. Jeff Wyatt located at 373 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. Staff recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Melinda Denis, Planner I Ms. Melinda Denis, Planner I, presented the staff report as follows: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow a general on-sale liquor license and late night activities for La Pizzeria, located on the north side of E. Campbell Avenue between Central Avenue and the railroad tracks. . Described the building site as consisting of a single-story multi-tenant building constructed in 1958 with two tenant spaces, La Pizzeria and The Grapevine, formerly The Wine Library. . Explained that Katie Blooms is located next door, established with a Use Permit in 1998, and the Wine Library was established with a Use Permit in 2001. . Said that the General Plan Land Use designation is Central Business District and the Zoning designation is C-3. This proposed use is consistent with the granting of a Use Permit. . Said that a general on-sale liquor license allows on-site consumption and no off- site sales. Liquor sales is incidental to food service and food service must be available at all times. . Explained that the applicant sought hours of operation from 11 a.m. to 2 a.m. daily but staff is recommending 12 a.m. closure from Sunday through Wednesday and 2 a.m. closure on Thursday through Saturday. . Added that the Redevelopment Agency is supportive of this use with the modified hours proposed by staff. . Said that the Police Department had no concerns or objections. Planning Commission Minutes of February 28, 2006 Page 5 . Recommended the adoption of a Resolution approving this Conditional Use Permit. . Reported that the applicant is present and available for questions. Commissioner Rocha asked staff to clarify the Type 47 ABC license. Director Sharon Fierro advised that it allows general on-sale that must be consumed on the premises. It includes all types of alcohol. Commissioner Gibbons asked about the potential for revocation if complaints are received. Planner Melinda Denis pointed out Condition 12B that deals with noise impacts as well as Condition 3. Commissioner Gibbons said that she thought that there has been a more general condition that allows the Community Development Director to reduce operational hours immediately if there are problems. Director Sharon Fierro said that this provision is contained in Condition 12B. Commissioner Gibbons said that this condition reflects noise impacts only and not issues such a loitering and garbage. Director Sharon Fierro suggested that additional provisions can be added to Condition 3. Commissioner Gibbons suggested that the language from Condition 12B be added to Condition 3 regarding "in the event of complaints..." Chair Alderete opened the Public Hearing for Agenda Item NO.2. Mr. Giuseppe (Pino) Spanu, Owner & Applicant, La Pizzeria: . Said that he is trying to create quality and bring good people to Campbell. . Pointed out that his older clientele wants cocktails with their meals. Commissioner Rocha asked the Mr. Spanu why it is important to stay open until 2 a.m. Mr. Pi no Spanu replied that he spent lots of money to set up this new restaurant and now needs to earn that money back. Commissioner Rocha pointed out that if a restaurant closes at 2 a.m., after hours clean up operations end up 30 minutes or more later before the business day is concluded. Planning Commission Minutes of February 28, 2006 Page 6 Mr. Pino Spanu advised that he tries to get everyone out before 2 a.m. by stopping services between 1 :15 and 1 :30 a.m. Commissioner Francois said that Mr. Spanu already brings a lot of quality to Campbell with his A Bellagio restaurant. Chair Alderete closed the Public Hearing for Agenda Item No.2. Commissioner Roseberry: . Said that he is grappling with the issue of operational hours. . Said that this is a nice place and he does not see it as a potential nuisance type of place. It is not a bar. . Pointed out that Katie Blooms next door is already open to 2 a.m. . Said he sees no benefit to requiring La Pizzeria to close earlier than Katie Blooms as to do so would simply shift customers to Katie Blooms after midnight. . Stated that he does not believe that this business would create problems for the Downtown area. . Expressed his defense for the operation hours proposed by Mr. Spanu. Commissioner Rocha reminded that Katie Blooms' outdoor seating hours are supposed to be concluding at 10 p.m. and asked if the issue of outdoor seating for La Pizzeria would be handled separately. Director Sharon Fierro said that she had not considered the outdoor seating hours since the other Downtown restaurants have much larger outdoor seating areas than this restaurant does. Commissioner Rocha said that he was confident that Pino Spanu would address any issues raised promptly as he has a strong reputation in the community. Director Sharon Fierro said that even if this business were to be sold to another operator in the future the adopted Conditions of Approval would address operational issues. Chair Alderete asked staff if Katie Blooms actually shuts down its outdoor seating at 10 p.m. Director Sharon Fierro replied that she does not know. Commissioner Gibbons: . Said that the conditions imposed give the City the resources to deal with operational issues since a Use Permit runs with the property rather than the owner. . Added that she is inclined to support late hours for this restaurant. . Reminded that an Outdoor Seating Permit would be processed at a later date. Planning Commission Minutes of February 28, 2006 Page 7 Commissioner Doorley asked staff about its vision on the issue of operational hours and asked if this is an attempt to standardize hours Downtown. Director Sharon Fierro replied that Use Permits are considered on a case-by-case basis and considers issues such as noise and policing impacts. This is a small full- service restaurant with no live entertainment and not located near residential uses. Commissioner Doorley said that the comments of Director Fierro seem to indicate support for the extended hours to 2 a.m. Commissioner Ebner said that he has concerns about Sunday night operations after midnight and questioned who the clientele would be at that late hour. Chair Alderete re-opened the Public Hearing for Agenda Item NO.2. Mr. Pino Spanu: . Said that La Pizzeria accommodates many types of clients from families to those seeking a quick lunch to those wanting a sit-down meal following a late movie. . Added that this restaurant offers his patrons from A Bellagio a second restaurant location in Downtown Campbell. . Assured that this is not a bar but a restaurant. . Concluded by saying that if he has no late customers he would simply close early. Chair Alderete asked Mr. Pi no Spanu if he believes that there is a piece of the market that fits into operational hours after midnight on a Sunday. Mr. Pi no Spanu replied that he believes so. He said that La Pizzeria offers a comfortable place for a more mature clientele and he thinks that they will have lots of late hour business. Chair Alderete said that La Pizzeria offers a great alternative. Commissioner Francois: . Said he agrees with the comments made by Commissioner Roseberry. . Agreed that if late hour business is slow, the restaurant has the option to close early. . Reminded that this is not a bar and offers movie patrons an option for pizza and wine after a movie. . Said that he is supportive of extended hours as most others have these same hours. . Added that if problems come up, there is a mechanism in place to take care of it through the conditions. Commissioner Ebner asked if this would operate as a restaurant until 2 a.m. Mr. Pi no Spanu replied yes. Planning Commission Minutes of February 28, 2006 Page 8 Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3708 approving a Conditional Use Permit (PLN2006- 02) to allow a general on-sale liquor license and late night activities for a restaurant (La Pizzeria) on property owned by Mr. Jeff Wyatt located at 373 E. Campbell Avenue, with a modification to Condition 3 that allows the Director to take immediate action based upon any violations to the imposed Conditions of Approval, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Franc;;ois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** 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 work will begin on the Zoning Code Update Phase II. . Explained that Council recently held a Study Session on the subject of readerboard signs and directed staff to work on an amendment to the Sign Ordinance to limit the scope of allowable readerboard signs. . Advised that the next Commission agenda would consist of three items. ADJOURNMENT The Planning Commission meeting adjourned at 8:10 p.m. to a Study Session immediately following and subsequently to the next Regular Plal'/ning Commission Meeting of March 14,2 6. SUBMITTED BY: APPROVED BY: ~ ~ ~ [ ;------ Bob derete, Chair - - ATTEST: