Loading...
PC Min - 05/09/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MAY 9,2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 9, 2006, was called to order at 7:30p.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: Bob Alderete Michael Rocha George Doorley Tom Francois Elizabeth Gibbons Bob Roseberry Commissioners Absent: Commissioner: Mark Ebner Staff Present: Community Development Director: Senior Planner: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission minutes of April 25, 2006, were approved as submitted. (4-0-1-2; Commissioner Ebner was absent and Chair Alderete and Commissioner Gibbons abstained) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. Planning Commission Minutes of May 9, 2006 Page 2 *** PUBLIC HEARINGS Chair Alderete read Agenda Item No. 1 into the record as follows: 1. PLN2006-21 Sullivan, S. Continued Public Hearing (from the Planning Commission meeting of April 25, 2006) to consider the application of Ms. Susan Sullivan, on behalf of Carrows Restaurants, Inc., for a Conditional Use Permit (PLN2006-21) to allow expanded operational hours to 24-hour operation at an existing Carrows Restaurant on property owned by Shigeru & June Akiko Tachibana, Trustees, located at 150 E. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tim J. Haley, Associate Planner Director Sharon Fierro presented the staff report as follows: . Reminded that this item was continued from the last Planning Commission meeting held on April 25, 2006, as the applicant was unable to attend and issues were raised by neighbors regarding noise impacts. . Said that the continuation was to allow all involved to participate in a collaborative problem solving approach. . Stated that the community can benefit from having Carrows available for 24-hour service without allowing it to interrupt adjacent uses. . Advised that she had asked the applicant and neighbors to meet just prior to tonight's public hearing. Chair Alderete opened the Public Hearing for Agenda Item No.1. Ms. Carol Roddie, Area Director of Operations, Carrows Restaurants: . Said that they just have a couple of concerns when reviewing the proposed conditions of approval. . Stated that asking them to block the seven spaces located closest to residences at 10 p.m. might be difficult to achieve and asked that the time be moved to 11 p.m. before these spaces must be blocked off. . Asked about the requirement to keep the back door closed at all times during business hours, saying that it would be impossible at times that deliveries are made since they are made through this back door. . Said that they do not have a lot of control over the level of noise by customers in the parking lot. . Reminded that they have been operating at this location since 1986 and there have been no reported noise problems to this point. Planning Commission Minutes of May 9, 2006 Page 3 Commissioner Francois asked Ms. Carol Roddie if she has had an opportunity to talk to the neighbors on this issue of noise impacts. Ms. Carol Roddie replied yes, they were able to speak together just before this evening's meeting. Commissioner Francois told Ms. Carol Roddie that he cannot imagine that those spaces nearest the residences are needed after 10 p.m. He stated his support for leaving the time to block those spaces off at 10 p.m. Ms. Carol Roddie clarified that the impact is not a lack of available parking to serve the restaurant after 10 p.m. Rather she asks to have up to 11 p.m. to make sure all cars parked there are out and allow staff to block the spaces off. Commissioner Rocha clarified that the intent is that the back door simply not be left propped open not that it not be used at all. Ms. Carol Roddie agreed saying that this is company policy as well. Chair Alderete asked Ms. Carol Roddie whether she believes the neighbors have legitimate noise concerns. Ms. Carol Roddie said that she is aware of a couple of circumstances including when they have their carpets cleaned late a night. Therefore, there have been legitimate concerns. Since the complaints were raised they have switched carpet cleaning to the afternoon. She added they were not aware of any other noise factors such as congregating customers and other parking lot noises. Mr. Andy Shivastva, Manager, Campbell Carrows, said that blocking off the seven spots closest to adjacent residences may not help with noise. Chair Alderete asked Mr. Andy Shivastva how often the carpet cleaning occurs. Mr. Andy Shivastva replied twice a month. This work now is being done in the afternoon. Chair Alderete questioned how this work can occur while the restaurant is still in operating. Ms. Carol Roddie said that the carpets are sectioned off for cleaning so that one area at a time can be done while remaining functional. Chair Alderete asked where the cleaning van is parked. Mr. Andy Shivastva said that this depends on which technician is working. When space is available, the van is parked along the side street. Planning Commission Minutes of May 9, 2006 Page 4 Ms. Amy Harper, 450 Esther Avenue, Campbell: · Explained that the noise concern with the back door is simply that it has an alarm that buzzes each time that door is opened. · Added that she does not care if the door is left open but it would be nice if the alarm were to be located to within the building or simply turned off. · Advised that the regular operation noise from inside the restaurant cannot be heard from her home. Mr. Brian Harper, 450 Esther Avenue, Campbell: · Reminded that they have lived on the adjacent property for 10 years now. · Advised that he has been forced to call the Police in the middle of the night on those occasions when he was unable to reach a restaurant manager to deal with noise issues. · Stated that the need to call in to either the Police or the on-site manager has occurred a few times each year. Chair Alderete asked Mr. Brian Harper to provide any new information he might have in addition to the testimony given at the last meeting. He assured Mr. Harper that although he missed the last meeting, he has since had the opportunity to watch the last meeting tape and read the minutes so he is current on what occurred at that meeting. Mr. Brian Harper: · Reiterated that he and his wife are not asking that the back door be restricted in use but rather that any alarm sounds be directed inside rather than being audible outside the restaurant. · Said that if altering the alarm is not possible than perhaps use of that door could be restricted between the hours of 10 p.m. and 6 a.m. to eliminate the noise impacts. · Added that the hood c1eanings also occur in the middle of the night and as he is not certain about the impacts of that work as far as noise, he reserves the right to object if it is determined that the work performed results in noise impacts after hours. Chair Alderete said that the condition should take into account any industrial types of noise that might be generated when people typically sleep. Commissioner Francois asked for the applicant's thoughts on the relocation of the alarm inside the building versus outside. Ms. Carol Roddie said that she needs to research that possibility. She advised that the alarm system used is the same in all of their restaurants and its purpose is to allow staff to know that someone has used that door. The alarm is typically located on the door itself but she would see if a different type of alarm might be substituted. Planning Commission Minutes of May 9, 2006 Page 5 Commissioner Francois asked about the timing for hood cleaning. Ms. Carol Roddie explained that they have to close the restaurant for several hours as the work takes between six and eight hours. Chair Alderete closed the Public Hearing for Agenda Item No.1. Commissioner Gibbons: . Pointed out that the standard noise condition is included. . Said that the employees should be encouraged to turn off the alarm when using that back door. . Suggested that the hood cleaning should be allowed to move forward as proposed by the applicant. If a situation about noise impacts materializes, it can be dealt with. City Attorney William Seligmann suggested adding the door alarm and cleaning equipment to the list of restricted noises outlined in the Conditions of Approval. Commissioner Gibbons suggested deleting the condition requiring the back door to be closed at all times. Commissioner Doorley asked about the restricted parking beginning at 11 p.m. instead of 10 p.m. Commissioner Gibbons said that she is okay with allowing the restricted parking to begin at 11 p.m. She added that the Community Development Director can change back to 10 p.m. if problems come up. Commissioner Rocha said that he has no issue with the restricted parking beginning at 11 p.m. as long as a reasonable effort is made to eliminate cars from those spaces by 10 p.m. and having 11 p.m. as the ceiling time. Commissioner Francois questioned how this restricted parking can be monitored by Carrows. Commissioner Doorley suggested the use of cones to block off each space as it is vacated after 10 p.m. Commissioner Rocha said that by starting with the cones at 9 p.m. to block of each of the seven spaces as they are vacated. This can be made a parking of staff's evening procedure. Director Sharon Fierro suggested clarifying Condition 10C. She pointed out that the fire door cannot be locked. The alarm is used by the restaurant to ensure that patrons don't leave without paying. She said the goal is to ensure that the alarm is not audible outside of the building. Planning Commission Minutes of May 9, 2006 Page 6 Chair Alderete said that restaurant staff would enforce the restricted parking spaces. Director Sharon Fierro suggested leaving the restricted parking to begin at 10 p.m. using barriers and signage to inform patrons. The condition can read that "no cars remain in those seven spots by 11 p.m. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3717 granting a Conditional Use Permit to allow expanded operation hours to 24-hour operation at an existing Carrows Restaurant on property located at 150 E. Hamilton Avenue, with the following modifications to the conditions: . Condition lOA - add door alarm and cleaning equipment to the list of restricted noise impacts; . Condition 10C - Applicant and Community Development Director agree to create an alarm system that is heard in the interior and not the exterior of the restaurant; . Condition 12 requiring the posting of signs for the seven restricted parking spaces; by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry NOES: None ABSENT: Ebner ABSTAIN: None Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Alderete read Agenda Item NO.2 into the record as follows: 2. PLN2006-03 (S) PLN2006-04 (S) PLN2006-32 (TRP) Ahmed. B. (Note that this item has been continued to the next Planning Commission meeting on May 23, 2006) Public Hearing to consider the application of Mr. Basheer Ahmed for Site and Architectural Review Permits (PLN2006-03 & PLN2006-04) to allow the construction of two new two-story single-family residences and a Tree Removal Permit (PLN2006-32) to allow the removal of one protected tree (a 22-inch diameter Walnut) on properties owned by Mr. Basheer Ahmed located at 1690 & 1692 Westmont Avenue in an R-1-9 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Melinda M. Denis, Planner I Planning Commission Minutes of May 9, 2006 Page 7 Motion: Upon motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission CONTINUED TO ITS NEXT MEETING ON MAY 23, 2006, the consideration of Site and Architectural Review Permits (PLN2006-03 & PLN2006-04) to allow the construction of two new two-story single-family residences and a Tree Removal Permit (PLN2006-32) to allow the removal of one protected tree (a 22-inch diameter Walnut) on properties owned by Mr. Basheer Ahmed located at 1690 & 1692 Westmont Avenue. (6- 0-1; Commissioner Ebner was 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 May 2nd Council proclaimed the month of Mayas Historic Preservation Month. The Historic Preservation Board led the pledge at this Council meeting. . Described activities planned by the HPB as including an information booth at the Sunday Farmer's Market and historic themed displays being prepared for Rico's Restaurant (formerly Alie's Corner Cafe) and at City Hall. . Advised that there would be five items at the next Planning Commission meeting. ADJOURNMENT The Planning Commission meeting adjourned at 8:07 p.m. to the next Regular Planning Commission Meeting of May 23, 2006. SUBMITTED BY: ~ Corinne A. Sh:nn, Recording se:retalV APPROVED BY: ~~~~ Bob Alderete, hair ATTEST: ~