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PC Min - 06/13/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JUNE 13, 2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of June 13,2006, was called to order at 7:30 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: Bob Alderete Michael Rocha George Doorley Mark Ebner Tom Francois Elizabeth Gibbons Bob Roseberry Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Planner II: Planner I: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind Stephanie Willsey Melinda M. Denis William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission minutes of May 23, 2006, were approved as submitted. (5-0-2; Commissioners Doorley and Gibbons abstained) COMMUNICATIONS 1. Two letters and an email for Agenda Item 3. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of June 13, 2006 Page 2 ORAL REQUESTS There were no Oral Requests. *** PUBLIC HEARINGS Chair Alderete read Agenda Item No. 1 into the record as follows: 1. PLN2006-45 Starkey, K. Public Hearing to consider the application of Mr. Ken Starkey, on behalf of McCarthy Construction, for a Conditional Use Permit (PLN2006-45) to allow a temporary modular trailer for new employee hiring and training for a retail use (Bed, Bath & Beyond) on property owned by Lynn Buzolich et al located at 515 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: Melinda M. Denis, Planner I Ms. Melinda Denis, Planner I, presented the staff report as follows: . Advised that the project site is located on the northeast corner of Hamilton and Almarida. . Described the surrounding uses as single-family to the north, mixed uses to the south, a restaurant and multi-family residential to the west and commercial to the east. . Stated that the Zoning for the property is C-2-S and the General Plan designation is General Commercial. . Added that this proposal is consistent with both Zoning Code and General Plan regulations with the issuance of a Conditional Use Permit. . Explained that the request is for a temporary modular trailer for use in hiring and training staff. The trailer is 440 square feet and is needed for approximately 2 months to recruit and interview staff. It would be removed prior to the opening of Bed, Bath & Beyond. . Recommended approval. Commissioner Gibbons pointed out that Condition 2 allows six months and suggested a reduction to four months total. Planner Melinda Denis suggested that the applicant be consulted. Chair Alderete opened the Public Hearing for Agenda Item NO.1. Mr. Ken Starkey, Applicant: . Stated that he is here this evening on behalf of Bed, Bath & Beyond. Planning Commission Minutes of June 13, 2006 Page 3 . Advised that this tem~orary trailer is intended to be installed for approximately 30 days, between July i and August 7th. Chair Alderete closed the Public Hearing for Agenda Item NO.1. Commissioner Ebner pointed out that the letter of request asked for two months while staff is suggesting six months and asked for clarification on the difference. Planner Melinda Denis said that the request was for two months. Staff extended the recommended time frame to allow for any "what if' situations that might require extending from the original request. She added that perhaps that extension of time can be reduced to perhaps three to four months tops in case the opening is delayed. Chair Alderete said that he had questions for Bed, Bath & Beyond and asked if a store representative is present. He asked what the purpose is for using a trailer for hiring rather than another facility or within the building itself. Mr. Ken Harris, Construction Manager for Bed, Bath & Beyond: . Explained that Bed, Bath & Beyond does not yet have its Certificate of Occupancy and as such cannot conduct interviews and hiring within the building. . Added that they will need to accomplish that staff hiring prior to their having received their Certificate of Occupancy. . Said that using a temporary trailer on site works well for them as they like to draw employees from the immediate area. Chair Alderete suggested striking the training aspect from occurring in this trailer. Commissioner Gibbons pointed out that due to the small size of this trailer that suggestion makes sense. She added that limiting the use to two months is sufficient. Commissioner Ebner agreed. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3725 approving a Conditional Use Permit (PLN2006- 45) to allow a temporary modular trailer for new employee hiring for a retail use (Bed, Bath & Beyond) on property owned by Lynn Buzolich et allocated at 515 E. Hamilton Avenue, with the reduction to two months and the use limited for hiring rather than for both hiring and training, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Planning Commission Minutes of June 13, 2006 Page 4 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. PLN2006-58 Burrill, J. Public Hearing to consider the application of Mr. Jeff Burrill, on behalf of Pangenera, LLC, for a Conditional Use Permit (PLN2006-58) to allow late night activities for the baking of bread in conjunction with a restaurant (Panera Bread) on property owned by Lynn Buzolich et al located at 501 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: Melinda M. Denis, Planner I Ms. Melinda Denis, Planner I, presented the staff report as follows: . Advised that the applicant is seeking a Conditional Use Permit to allow late night activities for the baking of bread. . Described the Zoning as C-2-S and the General Plan Designation as General Commercial. . Added that a Conditional Use Permit is required to allow late night activities on this property. With such a Use Permit, this proposed use is consistent. . Explained that the baking of bread would occur between the hours of 11 p.m. and 6 a.m. One to two bakers bake late at night for the use by the restaurant the next business day. The lights of the restaurant are left dim. The work underway is not visible to passers by. There is no customer service during these late hours while bakers are on site baking bread. . Said that this is an artisan bakery and cafe. . Pointed out that there is a typographical error on Condition 4. Explained that since the cafe manager arrives between 5 and 6 a.m. each day, the total number of employees allowed on site during the late night activities hours should be from one to four employees. . Recommended approval. Commissioner Rocha sought clarification that this would result in a 24-hour operation with a reduced staff between the hours of 11 p.m. and 6 a.m. Planner Melinda Denis replied correct. No customers are on the premises during the late night activities hours. Commissioner Rocha asked if alcohol sales would occur. Planning Commission Minutes of June 13, 2006 Page 5 Planner Melinda Denis replied no. Chair Alderete opened the Public Hearing for Agenda Item NO.2. Mr. Jeff Burrill, Applicant: . Identified himself as the President of the Company. . Said he was available for any questions. Commissioner Gibbons asked Mr. Jeff Burrill about the potential for any odors off site as a result of this baking. Mr. Jeff Burrill explained that they are required to have a very sophisticated vacuum exhaust system. When customers enter the restaurant, the smells are incredible but the neighbors should not smell anything outdoors. Commissioner Gibbons asked if Mr. Jeff Burrill is aware of the garbage controls since there is a residential project located just across the street. Mr. Jeff Burrill advised that it is their company policy not to allow garbage to be removed from the restaurant after dark. This is a safety issue for their employees. Commissioner Rocha asked where the garbage enclosure is located. Planner Melinda Denis pointed it out on the site plan. It is situated on site but near the freeway off-ramp. Commissioner Rocha asked the total number of seats in this restaurant. Mr. Jeff Burrill replied 80 total including outdoor seats. Commissioner Ebner asked about the potential to have the back door propped open during the late night activities with music being audible from outside. Mr. Jeff Burrill replied no. He added that this would be grounds for termination. While they may have hot ovens in this restaurant, they also have expensive climate control to keep the temperature comfortable in the building. There is no need to keep any doors propped open. Commissioner Gibbons inquired about the parking since she was not sure this restaurant use was intended when the site was developed. Planner Melinda Denis explained that the restaurant is limited in its number of seats based on the parking ratio the site was developed with. Therefore the restaurant has been assigned one parking space for every three seats. While they wanted more seats, they maxed out at 80 due to the parking available for this space. Planning Commission Minutes of June 13, 2006 Page 6 Chair Alderete closed the Public Hearing for Agenda Item NO.2. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3726 approving a Conditional Use Permit (PLN2006- 58) to allow late night activities for the baking of bread in conjunction with a restaurant (Panera Bread) on property owned by Lynn Buzolich et al located at 501 E. Hamilton Avenue, with the increase of maximum staff allowed for late night activities to be between one and four, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, 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. *** Chair Alderete read Agenda Item NO.3 into the record as follows: 3. PLN2006-57 Gusman/Han-Wei Public Hearing to consider the appeal (PLN2006-57) of Murray and Jill Gusman and Han-Wei Shen of the Community Development Director's Administrative Decision approving a second story addition to an existing single-family home on property owned by Mirsad Jusafagic located at 240 Michelle Drive in an R-1-6 (Single-Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Stephanie Willsey, AICP, Planner /I Ms. Stephanie Willsey, Planner II, presented the staff report as follows: . Informed the Commission that three letters were received for this item and provided as table items this evening. One was a letter from the appellant asking for a continuance to the June 27th meeting. The second letter is from the applicant/property owner who asked that the item not be continued but rather goes forward this evening. The third email was from a San Jose resident who is supportive of this appeal. . Asked the Commission if its preference is to continue this item or to hear it this evening. Chair Alderete said he would like to hear the staff report first and decide afterwards. Planning Commission Minutes of June 13, 2006 Page 7 Commissioner Gibbons pointed out three possible actions. One is to make a motion immediately to postpone consideration to the June 2ih meeting. The next is to hear the report and public comments and continue the item to the next meeting. The final option is to reach a conclusion this evening. Chair Alderete asked for a show of hands on the preferences of the Commissioners. Commissioner Francois said he prefers to hear this item and make a decision tonight. Commissioner Ebner agreed. Commissioner Rocha agreed. Commissioner Doorley said he is inclined to support postponing this item outright if a neighbor who is impacted directly cannot be here. Commissioner Roseberry said he was torn on this issue. He said that while he recognizes that people who are directly affected should have a voice, their position is well represented with their written statement. As a result, he is in favor for proceeding with the hearing this evening and try to reach a conclusion. Commissioner Gibbons said that she is in favor of postponing. She said that the person who appealed and asked for this hearing should be able to request a continuance. She added that the appellants paid the appeal fee. Commissioner Rocha said he supports going forward this evening. He agreed that the position of the appellant is well known and that a calendar is a calendar. Chair Alderete: . Said he would like to see this item move forward this evening. . Agreed that the positions are well articulated in the written documents provided. . Added that this is a very emotional case but must be boiled down to just the facts. . Reminded that is a noticed meeting and should move forward. Commissioner Gibbons said that it appears the applicant was only aware of the hearing two days. Chair Alderete clarified that that was two days from the date of the appellant's letter of request for a continuance and not simply two days ago. Ms. Stephanie Willsey, Planner II, continued the staff report as follows: . Reported that the Community Development Director provided zoning clearance for a Building Permit to allow a residential addition to the first floor and new second story for an existing single-family residence on property located at 240 Michelle Drive. Planning Commission Minutes of June 13, 2006 Page 8 . Explained that such an approval is allowed in the R-1-6 Zoning District with a zoning clearance if the proposal meets minimum development standards. . Advised that on May 1 ih a letter of appeal was received by the owners of two adjacent properties. . Reported that while the agenda reads that this item can be appealed to Council, the City Attorney has advised staff that Planning Commission action on this appeal is final. Commissioner Gibbons asked staff to verify that the proposal complies with all setbacks and development criteria. Planner Stephanie Willsey replied correct. Commissioner Roseberry asked what the status of this project is now. Planner Stephanie Willsey reported that Planning has signed off on the Building Permit as has Building. It could be issued now. Commissioner Roseberry asked for clarification that this project is being held up because of this appeal. Planner Stephanie Willsey replied correct. Commissioner Gibbons said that she understands that this property owner had to be asked to stop work. Planner Stephanie Willsey said that the property owner did some demolition work. Staff received a complaint and, upon verification, the Code Enforcement Officer issued a "Stop Work" order. Chair Alderete said that some of the work done is apparent from the street and asked if there is any risk of exposure to weather. Planner Stephanie Willsey replied no. Chair Alderete opened the Public Hearing for Agenda Item NO.3. Ms. Liz Haenel, 225 Michelle Drive, Campbell: . Explained that she lives across the street and one house down. . Expressed concern about having a second story addition. . Described her neighborhood as consisting of 36 homes, all of which are single- story except for one two-story. . Said that she likes the sense of harmony and balance of her street as it exists now. Each home is in scale. . Said that a second story might impact the feeling of this neighborhood and she is concerned about that possibility. Planning Commission Minutes of June 13, 2006 Page 9 . Said that the majority of this proposed second story is on the back side of the house except for the game room. She said she would prefer it if the entire second story is back from the street. . Opined that this is a big lot and could accommodate a ground level addition. . Questioned the significance of a project being exempt under CEQA. Chair Alderete said that staff could explain this. Commissioner Doorley advised that he knows the area pretty well and is aware of up to three two-story houses in the immediate area, including two on Paula Drive. Planner Stephanie Willsey explained that every project is subject to CEQA. However there are Categorical Exemptions such as when a project is determined not to be extensive. There are thresholds. This project was determined to have a small impact and therefore is exempt from CEQA. Commissioner Doorley asked if the applicant was here and could come forward. Mr. Mirsad Jusafagic, Applicant and Property Owner, 240 Michelle Drive, Campbell: . Said that he believes he has satisfied all of the Code requirements. . Explained that this is an older neighborhood and he plans to stay there. . Assured that his home addition will represent a great improvement for the community. . Pointed out that there are a lot of new people in the area. . Said this addition meets his extended family needs. Commissioner Roseberry asked Mr. Mirsad Jusafagic to describe the process he has gone through to this point. Has he spoken with his neighbors and worked with them to minimize privacy impacts? Mr. Mirsad Jusafagic said that he met with half the neighbors on his street and most were supportive and expressed their own expansion needs. He said that he didn't meet with the neighbors that have appealed his project prior to submittal but that he had occasion to meet with them in the Planning Office. He said that they have used the smallest windows possible on the south elevation to minimize impacts on those neighbors. He assured that he had changed a lot of things to satisfy their privacy concerns. Commissioner Doorley asked Mr. Mirsad Jusafagic to explain his early demolition work. Mr. Mirsad Jusafagic: . Explained that he had asked his engineer/architect what he could do inside the house in advance of his Building Permit. He was told that he could remove sheetrock and tiles but nothing structural. Planning Commission Minutes of June 13, 2006 Page 10 · Reported that he did this demolition work personally and also took the chimney down, saving the bricks. This work was done in April. Commissioner Doorley asked staff if this is a correct reading of what is authorized. Planner Stephanie Willsey replied that demolition work requires issuance of a Building Permit per the Building Official. Therefore, a "Stop Work" order was issued. Commissioner Gibbons sought to clarify that a 20-foot front setback is provided when she believed it 25 feet was required. Planner Stephanie Willsey said that the existing garage setback is less than 25 feet. The non-conforming chapter allows them to continue along non-conforming setback. The existing garage is staying and they are adding one more space. Mr. Robert Hansen, 235 Michelle Drive, Campbell: · Reported that he is a 45 year resident of Michelle Drive. · Pointed out that there are no conforming 25-foot front setbacks in this neighborhood. Chair Alderete closed the Public Hearing for Agenda Item NO.3. Commissioner Francois: · Said that the staff report states that this proposal is consistent with General Plan and Zoning requirements. · Added that there are other two-story residences in the area. · Said he supports upholding the action of the Community Development Director to approve this building permit and deny the appeal. Commissioner Ebner: · Stated that it sounds like this applicant has put a lot of effort into protecting the neighbors' privacy. · Said he does not see a problem with this. Commissioner Rocha: · Said that this can become an emotionally charged issue between neighbors. · Advised that the Commission is not here to play Solomon but rather is constrained by guidelines and zoning policies. · Stated that he tends to support this project. Commissioner Roseberry: · Stated that this project is in compliance with the Zoning Code requirements. · Pointed out that he counted four two-story residences in the vicinity. · Said that this is not the place to make changes to the Zoning Code. · Advised that he supports upholding the Director's decision. Planning Commission Minutes of June 13, 2006 Page 11 Commissioner Doorley: · Said that Commissioner Francois summed this up best. · Stated that there are no grounds to say no to this project. · Said that he would hate to lose privacy on his own street with a two-story addition but that two-stories are allowed by right. · Added that saying no here without cause would be a taking. The City has an obligation to protect from that as well. · Said he too supports upholding the Director's decision. Chair Alderete: · Recapped that there are no grounds to overturn the Community Development Director's administrative approval of this project. · Said that he is sorry for those who are disappointed. · Pointed out that some areas of the city have specific design guidelines such as the San Tomas Area Neighborhood Plan. · Said that otherwise the City goes by standards in the Zoning Code. Motion: NOES: ABSENT: ABSTAIN: Upon motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3727 DENYING an appeal (PLN2006-57) and upholding the Community Development Director's Administrative Decision approving a second story addition to an existing single- family home on property owned by Mr. Mirsad Jusafagic located at 240 Michelle Drive, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None Chair Alderete advised that this action is final. *** Chair Alderete read Agenda Item NO.4 into the record as follows: Planning Commission Minutes of June 13, 2006 Page 12 4. PLN2006-36 Dedic, E. Public Hearing to consider the application of Mr. Enes Dedic, on behalf Adriatic Cafe, for a Conditional Use Permit (PLN2006-36) to allow beer and wine sales in conjunction with an existing cafe (Adriatic Cafe) on property owned by Galilei Properties located at 2089 S. Bascom 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: Melinda M. Denis, Planner I Ms. Melinda M. Denis, Planner I, presented the staff report as follows: . Advised that this is an existing cafe located toward the rear of the property in a tenant space that is unique in that its door faces the rear yard of two residential duplexes. . Said that this request is consistent with the zoning with the issuance of a Use Permit. . Informed that correspondence has been received from adjacent neighbors who oppose this request to allow alcohol sales. . Said that there is an unpermitted outdoor seating area with four tables and 12 chairs. The restaurant is approved for a total of 21 seats. . Stated that staff is recommending the removal of the outdoor patio tables and chairs and replacement with permanent landscaping. . Added that staff is also recommending the prohibition of any outdoor cooking. . Said that with conditions imposed, beer and wine sales would be an incidental use to this restaurant. . Recommended approval. Commissioner Francois asked staff how long this cafe has been located in this center compared to the adjacent duplexes. Planner Melinda Denis said that the applicant this evening has been the business owner since April. Previously, it was operated as a market and cafe and is now being operated as more of a cafe and less as a market. Director Sharon Fierro added that the residential units are quite old and predate the commercial building. Chair Alderete opened the Public Hearing for Agenda Item NO.4. Mr. Enes Dedic, Applicant and Business Owner, Adriatic Cafe: . Said that he is here because he is trying to add beer and wine sales to his menu. Planning Commission Minutes of June 13, 2006 Page 13 . Explained that he is now operating this business more as a cafe and less as a market. · Said that his clientele are from among the 10,000 people from the Balkans. His cafe is a unique restaurant in the Bay Area. · Assured that he is trying to improve his restaurant and make his customers happy. · Stated that he had been unaware of problems from before and said he hopes that there have not been problems for his neighbors as a result of his cafe since he bought it in April. Commissioner Roseberry asked Mr. Enes Dedic if he is aware of the requirement to remove the patio area and seating and replace it with landscaping. Mr. Enes Dedic replied yes. Commissioner Roseberry said that there would be less outdoor noise with the removal of this outdoor seating area. Mr. Enes Dedic cautioned that other businesses in this center operate later than he does, including the billiard hall that is open until 2 a.m. The customers from the billiards hall used to use the tables and chairs from the cafe in the early morning hours when the cafe was closed. Now, the seating is brought indoors when the cafe closes. Commissioner Rocha said to Mr. Enes Dedic that it is important for him to be able to make a living while also having the obligation to be a good neighbor by monitoring the actions of his customers. Mr. Enes Dedic said that most of his customers are over 30 or families with children. This is not a nightclub but a restaurant. Commissioner Ebner sought clarification that Mr. Enes Dedic has run this business for two months. Mr. Enes Dedic reported that he bought the business two months ago and that this restaurant was established about two to three years ago. Commissioner Francois pointed out that some issues being raised are the result of the billiard parlor. This owner is taking some heat for that and for that he feels bad. That point needs to be taken into perspective. Mr. Enes Dedic said that there are lots of young people in the parking lot late at night after he has already closed and left. Ms. Michelle Gilbert, 960 Michael Drive, Campbell: . Said she has resided in this duplex for two years. · Said that the location of the recycling bin for this center is right next to the shared wall. Planning Commission Minutes of June 13, 2006 Page 14 . Pointed out that this area is not just commercial as has been mentioned but has residential on one side. . Said that planting bushes along this wall would help lessen noise impacts. · Suggested that 10 spaces along this wall be blocked off at night like was recently required for Carrows. . Stated that recycling is very loud. . Expressed concern about the need to call the Police too frequently with these noise complaints for fear that she would be considered a nuisance resident by the Police Department. Mr. Travis Cameron, 970 Michael Drive, Campbell: . Said his residence is located right behind this business. . Reported that the business operation has been quieter since the recent change in ownership. . Stated that the pool hall is the main noise problem. . Said that another problem is the fan located on the roof that is so loud. Mr. Enes Dedic said that it would be no big deal to fix the fan. Commissioner Francois questioned whether the recycle enclosure could be relocated from the northwest section of the property, which is near residents, to the southeast portion where the trash enclosure is already located. Mr. Enes Dedic said that perhaps recyclables could be put out only during the daytime. Planner Melinda Denis suggested allowing staff to coordinate this issue with the garbage company and the property owner. Commissioner Roseberry asked if the enclosure is block wall or chain link. Commissioner Ebner said that the trash enclosure is constructed of cinderblock walls on three sides with the front exposed. Commissioner Gibbons said that she recalls strict requirements being imposed for the disposal of bottles for the billiard parlor. Planner Melinda Denis: . Explained that the Code Enforcement Officer is currently working with the Police Department. . Added that the conditions for this particular billiards parlor are not too detailed. On the other hand, Campbell Billiards, which is located at Bascom and Creekside, has better conditions of approval in its Use Permit. Planning Commission Minutes of June 13, 2006 Page 15 . Reported that the Police Department does have service calls on record for the billiard hall on the property under discussion tonight. The Police Department is working with ABC (Alcohol and Beverage Control). Commissioner Rocha asked if any other actions are possible including a review of the Use Permit. Planner Melinda Denis explained that staff is working with Rich Shipman in the Police Department. She added that there are rumors that this billiard hall is up for sale. Commissioner Ebner asked if the wall separating the commercial site from the adjacent residences is commonly owned. Planner Melinda Denis said she is not sure. However, installation of the wall was a condition imposed with the Site and Architectural Review Permit for this commercial building constructed in the 1980's. Chair Alderete pointed out that neighbors are afraid to call on the Police too much. Planner Melinda Denis: . Said that the time to call is when problems are occurring so that such noise issues can be documented. When something is taken to Court, these documented incidents are needed. . Stressed the importance of making calls immediately when problems come up and/or when the violation is actually occurring. Chair Alderete: . Reiterated the importance of calling when problems are happening rather than waiting for office hours. . Asked staff about disallowing parking along the wall after hours. Planner Melinda Denis was unsure how this could be implemented because of the site layout, shared parking and different operation hours for each business in the center. Blocking off parking would reduce required parking for the center. Chair Alderete asked about handling the fan noise issue raised. Planner Melinda Denis said that this could be incorporated into the Conditions of Approval. Commissioner Doorley said that it is hard to put this requirement to block of parking spaces on this applicant for a shared parking lot. Chair Alderete closed the Public Hearing for Agenda Item NO.4. Commissioner Ebner: Planning Commission Minutes of June 13, 2006 Page 16 . Reminded that this is now a new owner and it appears that there have been improvements since he took over in April. . Reiterated that the problem may be the billiard hall. . Said that if that is the case then undue restraints should not be imposed on this restaurant. Director Sharon Fierro: . Said that the patio area was neither intended nor approved. . Suggested that the Commission move forward with staff's recommended Conditions of Approval. . Stated that the billiard hall can be brought back to the Commission with documented incidents in Police reports. Commissioner Ebner suggested that the perhaps the common wall could be increased in height. Commissioner Francois reminded that the noise management conditions for this billiard hall are not the same as exists for Campbell Billiards. Director Sharon Fierro said that she would review Police incident reports, which are needed to bring this matter back to the Planning Commission in order to tighten the Conditions of Approval. Chair Alderete re-opened the Public Hearing for Agenda Item NO.4. Mr. Frank Daile-Molle, Property owner of two adjacent duplexes on Michael Drive: . Agreed that there is a noise issue with the pool hall . Added that there is also a separate problem with the Adriatic Cafe. . Said that there is significant noise from the cafe with doors left open, loud karaoke music and people on the patio. . Reported that there have been a significant number of calls to the Police. . Said that at 2:30 a.m. last night, there were noise impacts from this parking lot. . Said that staff has come up with a balanced approach to dealing with these problems that is fair to the business and the residents. Chair Alderete re-c1osed the Public Hearing for Agenda Item NO.4. Commissioner Gibbons asked if this tenant space was previously the pizza parlor. Planner Melinda Denis replied no. The pizza business location is currently vacant. Commissioner Doorley expressed support for a review of the pool hall. Planning Commission Minutes of June 13, 2006 Page 17 Chair Alderete: . Reiterated that the cafe is quieter under current ownership as there has been a reduction in noise. . Said that there are mitigations in the Conditions of Approval and the applicant is willing to fix the existing roof fan noise. . Said that removal of the outdoor speakers will also help. . Encouraged neighbors to report noise issues to Police as they occur. . Said that it takes neighborhood participation, through the reporting of problems, at least for a short period of time to correct those problems. . Added that this cafe Use Permit will be reviewed in six months. . Said he is supportive of this application. Commissioner Francois: . Encouraged people to call the Police so that problems are documented on the record. . Said that this record will allow the City to take action. . Assured that these calls are not a nuisance. . Joked that the Police are just looking for a donut shop. Commissioner Gibbons pointed out that the closure of the pizza restaurant may have also impacted the reduction in noise. Commissioner Ebner said that it is important to note that the duplexes were built before the commercial center. However, since the residences are now surrounded with commercial uses, it is never going to be perfect. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3728 approving a Conditional Use Permit (PLN2006-36) to allow beer and wine sales in conjunction with an existing cafe (Adriatic Cafe) on property owned by Galilei Properties located at 2089 S. Bascom Avenue, with the following amendments to the conditions: . Adding Condition 15-d requiring the roof fan repair to mitigate noise; and . Allowing staff to work with the property owner on the issue of placement of the recycle facilities; by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Planning Commission Minutes of June 13, 2006 Page 18 Commissioner Gibbons stressed that Police reports are needed to monitor compliance with imposed Conditions of Approval and helps to initiate the process to correct problems. 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 the 2007 budget was adopted and included no staff layoffs, although most vacant positions will remain unfilled. . Said that the community will not feel impacts directly although fees are being increased. . Announced that Council formed an Economic Development Advisory Commission that takes a broader perspective of development and its fiscal impacts. This Commission is composed of Council members and business community members. . Reported that there are four items on the next Planning agenda including the Zoning Code Update Phase II. Commissioner Gibbons said she has three comments. She reported seeing lots of outdoor seating in the Downtown. Director Sharon Fierro said that outdoor seating is allowed by right in the Downtown if it meets requirements. She offered to forward an email she recently drafted that explains the process. Commissioner Gibbons said her second issue is the outdoor speakers that Sonoma Chicken Coop continues to use. Director Sharon Fierro advised that the outdoor seating recently installed for Twist Cafe is located on private property. Such seating is also permitted on City property as long as pedestrian access is not impacted. Commissioner Gibbons said her third issue is the Gaslighter Theatre that is being proposed for conversion into a lounge. She said that plans are underway to spend lots of money on improvements from leveling out the slanted floor to seismically retrofitting the building. She expressed concern that no promises have yet been made to allow this proposed lounge use in this building. Director Sharon Fierro assured that applicant has been told that fact. Commissioner Francois commended City staff for its work on trimming the City budget by $1.9 million. Planning Commission Minutes of June 13, 2006 Page 19 Commissioner Ebner advised that he heard the Sonoma Chicken Coop outdoor speakers when he was driving by the restaurant in his car. Commissioner Gibbons said that she does not want upcoming restaurants, such as Aqui, to think that this use of outdoor speakers is allowed. Commissioner Rocha added that there will soon be residential condominiums located directly across the street from Sonoma Chicken Coop who would be impacted by the noise from those outdoor speakers. Chair Alderete commended staff and the Planning Commission for a great job on tonight's agenda items. Additionally, a good job is done by this Commission in the enforcement of design standards. Commissioner Roseberry said that nowadays second-stories are set back and appear more tasteful than the old practice of placing boxy second story additions on top of a garage. Director Sharon Fierro said that this is such a compassionate and respectful Planning Commission. They each care about the quality of the community and let the public know they have been heard. She applauded their efforts. ADJOURNMENT The Planning Commission meeting adjourned at 9:27 p.m. to the next Regular Planning Commission Meeting of June 27, 2006. SUBMITTED BY: <" APPROVED BY: ~(~ Bob Alderete, Chair ~ ......., ....,'" ."..,-.-,,,-. ATTEST: .,.....,...- *'....,;:4. ? .:-. 1JI!I11P"" .} .~_'~__'" ."- // ':",,;./~' >'t " ',~"'-' V\.Ar- /' Sharon Fierro, SecretarY