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PC Min - 10/10/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 10, 2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 10, 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: Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: Redevelopment Mgr.: Planner I: Planning Intern: City Attorney: Recording Secretary: Bob Alderete Michael Rocha George Doorley Mark Ebner Tom Francois Elizabeth Gibbons Bob Roseberry Sharon Fierro Jackie C. Young Lind Tim J. Haley Kirk Heinrichs Steve Prosser Daniel Vanwie William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Rocha, seconded by Commissioner Doorley, the Planning Commission minutes of September 26, 2006, were approved as submitted. (6-0-0-1; Commissioner Gibbons abstained) COMMUNICATIONS Updated findings, conditions of approval and correspondence relating to Agenda Items 2,3 and 4 and an Underground Utility Waiver request for Agenda Item No.3. Campbell Planning Commission Minutes for October 10, 2006 Page 2 SPECIAL PRESENTATION Mr. Kirk Heinrichs, Redevelopment Manager: . Provided an update on the Economic Development Plan. . Explained that the strategy was updated and includes a broad citywide approach. . Advised that an Advisory Committee has been formed comprised primarily of private sector people. This group plans to meet two to three times per year. . Said that this will help with forecasting the budget. . Reported that on September 20th a productive meeting was held. . Said that there is also an in-house Economic Development team that is comprised of managers. . Said that the Campbell Makes Cents Program has been initiated that encourages purchases be made in Campbell, stressing the advantage of keeping sales local and trying to educate the community. . Explained that sales taxes generate about 40 percent of the City's revenue. . Said that Welcome to Campbell letters are being sent to new business owners with the business license. A "Doing Business" brochure has been developed. The Economic Development webpage includes information on how to do business in Campbell. . Said that meetings will be held with key businesses in the community. Efforts will be made to provide contacts to businesses. . Stressed the importance of retaining existing businesses. . Recounted that one local business that is operating with just 20 employees actually generates more sales tax revenue to the City of Campbell than does both Kohl's and Bed, Bath & Beyond combined. . Said he was available for questions. Commissioner Gibbons advised that she has seen the Campbell Makes Sense posters in many locations and thinks it is great. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda Modifications or Postponements. ORAL REQUESTS There were no Oral Requests. *** PUBLIC HEARINGS Chair Alderete read Agenda Item No. 1 into the record as follows: Campbell Planning Commission Minutes for October 10, 2006 Page 3 1. PLN2006-49 Central Valley Marine Public Hearing to consider the application of Central Valley Marine for a Site and Architectural Review Permit (PLN2006-49) to allow the construction of a new repair building for Central Valley Marine on property owned by Joseph L. Townsend located at 150 E. Sunnyoaks Avenue in an M-1-S (Light Industrial) 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 Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking a Site and Architectural Review Permit to allow the construction of a new repair building for an existing boat repair and sales business. . Explained that the original boat repair building was destroyed by fire in August 2004. This structure was located toward the rear of the lot. Since reconstruction did not occur within one year, the applicant was required to apply for a Site and Architectural Review Permit. . Said that there is a single-story industrial office and repair building located at the front of the site. The new building is proposed for the rear of the site. . Described surrounding uses as being light industrial to the south, east and west and a mini-storage facility to the north. . Stated that this new building would be single-story, block concrete with stucco finish and decorative rock wainscoting. . Said that SARC reviewed the project. . Recommended adoption of a resolution approving this Site and Architectural Review Permit application. Commissioner Doorley asked if there were setback issues. Planner Tim J. Haley advised that there is a change from the original building's placement. It is half the height of the building wall further from the eastern property line to meet current setback standards. Commissioner Rocha provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on September 26th. . Stated that SARC was supportive with the recommendation that skylights be incorporated into the project to allow natural light. The applicant agreed to install six skylights. Chair Alderete opened the Public Hearing for Agenda Item No.1. Campbell Planning Commission Minutes for October 10, 2006 Page 4 Chair Alderete closed the Public Hearing for Agenda Item NO.1. Motion: NOES: ABSENT: ABSTAIN: Upon motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3759 approving a Site and Architectural Review Permit (PLN2006-49) to allow the construction of a new repair building for Central Valley Marine on property owned by Joseph L. Townsend located at 150 E. Sunnyoaks Avenue, 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 unless appealed in writing to the City Clerk within 10 calendar days. *** Commissioner Francois advised that he would need to recuse himself from consideration of Agenda Item No. 2 because the project applicant has made a contribution to his campaign for City Council. Chair Alderete read Agenda Item No. 2 into the record as follows: 2. PLN2006-97 Cloud, S. Public Hearing to consider the application of Mr. Stephen Cloud, on behalf of R.V. Cloud Company, for a Modification (PLN2006-97) to a previously approved Sign Exception (PLN2004-133) to revised the imposed conditions of approval for the reader board sign on property owned by Stephen Cloud et al Trustees located at 3000 S. Winchester Boulevard in an M-1-S (Light Industrial) 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 Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that the applicant is seeking a modification/clarification to the previous approval for a reader board sign. · Described the existing reader board sign as being double sided. · Reminded that on May 17, 2005, Council approved this reader board sign. The applicant had appealed the Planning Commission's denial of this sign. Campbell Planning Commission Minutes for October 10, 2006 Page 5 . Explained that the conditions imposed limited the method of display on the sign. The background color could be either red or black. The lettering could be either red or black. The message could not change more than once per 24-hour period. . Said that in August 2006, the applicant filed a modification request that was outlined in the applicant's attorney's letter. · Said that the applicant would like to revise the conditions of approval. Their position is that their message is one 24-hour message that passes by at 4 to 5 second intervals. They also want to be able to apply for additional colors every six months. . Reported that the City has revised the Sign Ordinance and it now restricts reader board signs to theaters with 200 or more fixed seats and allows the message to change just one time every 5 minutes. . Reminded that the Sign Ordinance that was in effect at the time of this original approval of the RV Cloud reader board sign remains the Ordinance in effect for this sign. . Said that there is an uncontrolled train crossing leading to the RV Cloud site. These tracks are intended for use for the future expansion of the Light Rail to Los Gatos. · Described the reader board sign as being 14 feet high with a 50 square foot area. The reader board area is 40 square feet. It is architecturally compatible to the building. It is a double-sided sign that is visible from traffic in the north and southbound directions along Winchester Boulevard. . Reminded that animated flashing signs are prohibited. . Said that the only other reader board sign in Campbell is the one for the Heritage Theatre at the Community Center. That sign announces shows and issues of community interest. It is approximately 30 square feet in sign area, which is approximately 25 percent smaller than the RV Cloud reader board sign. The Heritage Theatre sign is oriented toward a fully signalized intersection. · Advised that a report from a consulting traffic engineer, James Jeffery, is included in the staff report. His data is based upon a Wisconsin DOT report. It explains that a number of factors playa role in distracting drivers including motion, flashing and change. . Reiterated that the differences between the RV Cloud reader board sign and the Heritage Theatre reader board sign is the location and amount of traffic. There are about one-third fewer drivers at the area of the Heritage Theatre sign. The number of sign message changes is greater for the RV Cloud reader board sign. . Said that both reader board signs should have similar exposure. Right now RV Cloud has one message every five seconds and 5,900 drivers passing per day. If the rotation were reduced to every 14.5 seconds both signs would impact approximately the same number of drivers. · Proposed limiting displays to red images on a black background. Campbell Planning Commission Minutes for October 10, 2006 Page 6 . Suggested that the frequency of changes be no more than one per 14.5 seconds. . Said that SARC did not review this application, as there are no modifications proposed to the sign design but rather to the operational characteristics under the conditions of approval. Chair Alderete asked what changes have been made to the findings provided this evening as a desk item. Planner Tim J. Haley replied that they are more specific regarding the location of the sign, the use of the rail line for the Southern Pacific Railway and the Vasona Light Rail line, more detail in reference to sign location, its exposure and how it is different from the Heritage Theatre sign in respect to location and orientation. Commissioner Doorley asked what edits had been done to the conditions of approval distributed this evening as a table item. Planner Tim J. Haley replied the edits were fairly minor. Commissioner Roseberry said that he was confused. He pointed to several different timing requests for rotation of message. In one place, four to five seconds is requested. In another place, 14.5 seconds is proposed. In a third location, 10-second rotation is suggested. He asked which one is being recommended. While at one place it is reported that the applicant is asking for rotation every four to five seconds in the October 6th letter from the attorney for the applicant the request is for 10-second rotations. Planner Tim J. Haley: . Advised that the letter dated October 6th was delivered in person by the attorney to staff this morning (October 10th). . Reported that staff is recommending rotation rate at 14.5 seconds. . Added that the four to five second rotation was in the applicant's original letter. . Said that the applicant's attorney can add to this information, as it is his most recent letter that is asking for 10-second intervals. Commissioner Gibbons asked for clarification. She asked if changes could not be requested for this sign during the time the moratorium was in effect. City Attorney William Seligmann said that while new applications for reader board signs could not be considered during the time the moratorium was in effect that did not apply to this particular sign that already had an approval. Commissioner Gibbons said that this sign was in operation 24/7 with flashing and scrolling images. She asked to verify that the City notified the applicant that this operation was in violation of the conditions of approval. Campbell Planning Commission Minutes for October 10, 2006 Page 7 Planner Tim J. Haley replied correct. Commissioner Gibbons said that the issue is not the text itself but rather the actual operation of the reader board sign and the use of color and frequency of rotation. She said that two changes are suggested. One is the use of black and red and the second is the timing of message changes or rotation. Planner Tim J. Haley replied correct. Commissioner Gibbons asked if there had been any question on the part of the applicant that they were not clear on the imposed conditions of approval. Director Sharon Fierro replied that they did not object to those conditions. City Attorney William Seligmann advised that they have objected to the 24 hour per message limitation. Commissioner Gibbons sought verification that the Sign Ordinance in effect at the time of approval prohibited animated signs. City Attorney William Seligmann replied correct. The provision dates back a long time. Chair Alderete advised that he had thought that rotation meant that a sign was physically moving. Commissioner Gibbons explained that it is the electronic rotation of the message. City Attorney William Seligmann said that there could be an illusion of movement caused by lights going on and off. Chair Alderete asked for an explanation of the term motions of atmosphere. City Attorney William Seligmann explained that this is a holdover term from another time. It included signs with features that moved with the wind. Commissioner Ebner asked about the sign text requirement for every 24 hours. City Attorney William Seligmann replied that this is a condition of approval. Commissioner Roseberry said he is confused about the text issue. He said with four lines of text at anyone rotation times 15 rotations equals about 60 lines of text at 10 seconds per rotation. Campbell Planning Commission Minutes for October 10, 2006 Page 8 City Attorney William Seligmann suggested that the applicant's representative be asked to clarify what they meant by their request. He added that staff is recommending something more simple. Chair Alderete opened the Public Hearing for Agenda Item NO.2. Mr. Robert Aguilar, Attorney for RV Cloud: · Said that they do not have much conflict with the staff report. · Complimented Planner Tim J. Haley and staff for a fine and fair report. · Said that he does dispute the report by the consulting traffic engineer. · Agreed that there are only three key issues this evening. · Provided photographs of the signs. · Explained that photos marked 1 through 4 are site shots prior to installation of the reader board sign. Photos marked A through F are taken since installation of the reader board sign. · Stated that the premises were a disaster prior to the sign's installation. Many improvements have been made including additional trees. It has been brought up to a very nice area. The area looks much better with this sign in place. · Reported that many passers by had been confused about what RV Cloud did. Many thought it was a business selling recreational vehicles. · Said that there are three key issues. · Assured that the sign does not rotate, move, flash or have running images. It does not burst. It is a static sign. · Said he does ask that the text be allowed to rotate and move from top to bottom, from bottom to top, from left to right and from right to left. · Reminded that red text on black and black text on red was originally approved. · Added that staff is now recommending that only red text on black background be allowed. · Said that two-thirds more traffic passes RV Cloud than the Heritage Theatre. He said the reason is that the Winchester Corridor offers many a way to work. It is busy in the morning and early evening hours and less so in between. · Reported that there have been no traffic accidents since this reader board sign has been in place and he verified that fact with the Campbell Police Department. He added that there have been no accidents at the rail crossing either. · Reminded that RV Cloud has been in business at this location since 1963. · Requested that RV Cloud continue to be permitted to have the black and red and red and black color combinations originally approved by Council. · Asked that text changes be allowed every 10 seconds, saying that the consulting traffic engineer gave no facts to base his 14.5 rotation recommendation. · Said that a 10-second rotation rate is fair and reasonable and not dangerous and hazardous. Campbell Planning Commission Minutes for October 10, 2006 Page 9 . Stated his recommendation that the Planning Commission review this sign every six months to consider the potential to add color. . Explained that this reader board sign is a state of the art machine and that millions of colors are available. . Said that they feel this reader board sign has been a benefit to commerce. . Reminded that there are 17 different public events in the community and they are willing to include those community events on their sign as a public service. . Advised that while Commissioner Tom Francois recused himself as a result of a donation by Mr. Cloud to his election campaign, this contribution was in no way made in an attempt to buy Commissioner Francois' vote. Since 1963, the Clouds have always contributed to good government, candidates and events in the community. They are very civic minded. Commissioner Roseberry: . Told Mr. Aguilar that he made a great presentation. It was both engaging and entertaining. . Agreed that it goes without saying that political contributions to campaigns are not representing intent to influence. . Said that he drives by the area of RV Cloud every day and always looks at it. . Reminded that Campbell has its own reader board sign. . Said that one fear is that there may be more such reader board signs and that is a concern. . Added that this sign does not bother him. . Questioned the use of 15 repetitions of four lines each that equals 60 lines of text. That's a lot of message. . Asked about the request to add colors every six months. He said he is not sure what that means. He asked how many colors are desired. . Said he is okay with black on red and red on black but thinks that more colors would equal a distraction factor. . Said that the offer of a public service aspect of the sign is a nice gesture that is appreciated. Mr. Robert Aguilar said that they would like to continue to use red on black and black on red and would also like to use blue. He assured that they are not asking to be able to use 80 or 90 colors but rather three to five more such as yellow, blue and green. They want the right to request permission for additional colors in the future. Commissioner Roseberry said that perhaps limiting colors to primary colors could be considered. He said that he did not think that specificity is really necessary. He said that 60 lines is a lot of text and he is not sure how many words that is. Campbell Planning Commission Minutes for October 10, 2006 Page 10 Mr. Robert Aguilar said he had a list previously. He said one line might read "sinks, tubs." Another might simply read "fittings." He said that they are agreeable to use of only primary colors. Commissioner Ebner asked Mr. Robert Aguilar why this request for color was not asked of Council originally and why he feels that it would be necessary to engage in a review of color every six months. Mr. Robert Aguilar said that he hadn't anticipated a problem with messages. He said it was difficult to think about all possibilities. He added that they also had misunderstood what the limitation of no more than one message change every 24 hours actually meant. He advised that a Notice of Violation is what brought them before the Commission. Commissioner Ebner asked Mr. Robert Aguilar why he wants a review by the Planning Commission every six months. Mr. Robert Aguilar said that this was Mr. Stephen Cloud's idea as a way to give the City time to get used to this sign. Commissioner Gibbons: . Said that she recalled the conversations originally held about this sign. . Said that the intent was to allow RV Cloud to modernize the mode of sign information so that it would no longer be necessary to have someone up on a ladder changing individual letters on a reader board sign in order to update the message on that sign. . Added that this is a way to use new technology to replace the concept of an old letter sign. . Questioned how best to work with RV Cloud to avoid use of animation. . Stressed that the intent is for non-animated signs. . Added that she is looking for simplicity. Mr. Robert Aguilar: . Said that RV Cloud must communication their intent clearly to the City. . Said that when they realized that there was a problem with the operation of their sign they put a stop to it. . Stressed that they want to get along with this community and be a good citizen and neighbor. . Assured that they will work with staff to ensure compliance. Chair Alderete asked about Mr. Robert Aguilar's most recent letter on timing. Mr. Robert Aguilar said it is for 10 seconds per rotation. Campbell Planning Commission Minutes for October 10, 2006 Page 11 Chair Alderete asked if it would be okay if the time between changes were longer. Mr. Robert Aguilar said that if it must be but he feels that 10 seconds is fair. Chair Alderete asked about rotation. Mr. Robert Aguilar explained that it is a change of lines. Chair Alderete said that it must not create a 3-D effect when the lines change. Mr. Robert Aguilar said that if the messages scroll from left to right there would be some movement. Commissioner Gibbons said that to her scroll means animated. She does not support scrolling or any type of animation. She said animation applies when it moves. Mr. Robert Aguilar asked when a decision would be made. Chair Alderete said that the intent is to reach a decision tonight. He asked staff if the traffic consultant is here tonight. Planner Tim J. Haley replied no. Dr. Khahl Fattahi, Winchester Boulevard: · Explained that his office is across the street. · Pointed out that with the change in the Sign Ordinance, RV Cloud will be the only business in town with the right to a reader board sign. · Reported that there are already problems with this sign. It is too bright and overshadows the other signs in the area. It is distracting. It is so bright that it can be seen from a couple of miles away. · Said that his clients have told him that this sign could cause rear-end collisions. · Suggested that RV Cloud now has enough signing rights. They have a great sign. They should not be allowed to ask for more colors. It is not fair. · Advised that he has seen blue used already. · Added that the changing messages occur very fast already. Chair Alderete asked why this business couldn't have a reader board sign. City Attorney William Seligmann replied that the Sign Ordinance has been amended to limit reader board signs to theatres with 200 or more fixed seats. Up until August of this year, he could have applied. Chair Alderete closed the Public Hearing for Agenda Item NO.2. Campbell Planning Commission Minutes for October 10, 2006 Page 12 Commissioner Doorley reminded that the Planning Commission originally voted against this sign but that Council decided differently. He said he was not persuaded the first time. Commissioner Roseberry: . Said he voted in support the first time as he saw it as an opportunity to clean up existing site conditions at the RV Cloud property, including existing illegal signs. . Added that he had thought that this was a unique site. . Said he is not sure how to contain this and struggles with how to limit it to its functional usefulness. He compared this reader board sign to someone having a Ferrari where he can't drive it more than 55 miles per hour. Commissioner Rocha: . Said he too voted against this sign the first time around. It was a 5-2 denial and wasn't even overwhelmingly endorsed by Council. . Stated that he does not want to have the Commission look at this sign every six to twelve months but rather wants the applicant to comply with the imposed conditions. . Said that the commission is here to get this modification done and the applicant should live with what is approved. Chair Alderete: . Said that Mr. Robert Aguilar is asking a good and fair question. . Reported that he was not at the original public hearing as he was at that time recovering from spinal surgery. . Advised that he was at one of the two SARC meetings originally held on this sign and also watched both the Planning Commission and Council hearings from home. . Added that yesterday he re-watched both original hearings. . Said that although the contention is that the Heritage Theatre sign is substantially different from the RV Cloud sign, if the case can be made that accidents can occur from one sign, it could result from either sign. . Opined that the traffic data provided is information only and cannot be proven. . Stated that he thinks both the City's Heritage Theatre sign and the RV Cloud sign are the same thing. Commissioner Gibbons said that the applicant followed the allowed process and appealed the Commission's denial to Council. She asked if any action taken this evening could be appealed to Council. City Attorney William Seligmann replied yes. Campbell Planning Commission Minutes for October 10, 2006 Page 13 Commissioner Gibbons pointed out that both the old and updated Sign Ordinances prohibit animated, flashing or moving signs. She said that the issues to consider are more frequent change and more colors. Commissioner Ebner said he agreed with Commissioner Gibbons. He added that the Commission should not be tempting fate by allowing more color or movement but rather should stick with the Ordinance. He said he is scared of the idea of regular six-month reviews. Commissioner Roseberry asked if this modification were denied would the original Council approval remain in effect. City Attorney William Seligmann replied yes. Chair Alderete: . Said that he was disappointed that the traffic consultant was not here. . Said that this sign was designed to catch the eye. . Pointed out that the consultant's report was based upon a State of Wisconsin Department of Transportation Study where it identified 36 percent increase in accidents in one traffic direction and 21 percent in the other traffic direction. . Added that the consultant did no primary research. . Said that he has difficulty with this traffic report almost in its entirety. . Pointed out that Wisconsin DOT did a more recent study from 2003 but the one used by the traffic consultant was from 1994. It is 12-year old data. . Advised that someone needs to be available to explain this data as an expert or it is not valid. . Stated that he has no preference with regards to use of color but they should not mimic emergency or traffic signals. . Added that if color other than a black background is used, than the letters should not be red. . Said that the key issues are colors, background and timing. Commissioner Doorley said that he has had a long-standing problem with traffic studies in other areas. He said he tends to err or default to the more conservative option. Chair Alderete said that perhaps someone should petition to make changes to the Heritage Theatre sign. Commissioner Gibbons: . Admitted that she did not spend as much time on research as did Chair Alderete. . Reminded that the Heritage Theater sign was never before the Planning Commission for consideration. Campbell Planning Commission Minutes for October 10, 2006 Page 14 . Said that the Sign Ordinance itself is for the benefit of the community to ensure the quality of the community. . Said that she had thought that the original Sign Ordinance was clear and that the Ordinance has recently been revised. . Said that one neighbor this evening spoke to impacts from this sign. . Reminded that the Sign Ordinance is to control visual clutter. . Said that the Commission needs to be very clear about the manner in which text changes take place. It should not be in a flamboyant way. . Said that the discussion must be clear that there is no animation allowed. . Reiterated that the key issues for consideration are color changes and timing for the rotation of the message. She said that while one message per 24 hours is too few, one every 10 seconds is too much. . Reminded that this is just a modern replacement for what should be just a static sign. . Restated that she is not in support of allowing 10 second intervals. . Said that she is more supportive of allowing more colors but with a black background color only. Commissioner Ebner said that he too does not put much credence on traffic reports. He said that he wants to have the color decision made now and not revisited over and over. Said that he supports the rotation at 14.5 seconds but could live with 10 seconds. He said that the original Sign Ordinance requirements still apply. Chair Alderete said that the applicant could reapply as much as they want to. City Attorney William Seligmann said no, they cannot. Since this is now a legal non-conforming sign, after this modification is decided there is no way for any further modifications without a change to the Zoning Code. Commissioner Ebner said that he does not want to allow further modifications. Chair Alderete said he stands corrected. Commissioner Rocha said he too supports the timing of 14.5 seconds per rotation. He said he does not support additional colors or future review. Commissioner Roseberry: . Said that while RV Cloud has the right to this sign they need a practical and manageable set of rules. One rotation every 24 hours is wrong. . Said that the change needs to be static with no scrolling or animation. . Supported having the background always stay black. . Said that while five alternate colors can be supported, they should be used one color at a time with the black background. Campbell Planning Commission Minutes for October 10, 2006 Page 15 Commissioner Gibbons said she is supportive of that as a reasonable compromise. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Gibbons, the Planning Commission recommending approving a Modification (PLN2006-97) to a previously approved Sign Exception (PLN2004-133) to revise the imposed conditions of approval for the reader board sign on property owned by Stephen Cloud et al Trustees located at 3000 S. Winchester Boulevard, as modified by the desk item findings and condition of approval and modifying Condition 4 to allow five colors of lettering to be used on a black background, with 12 second interval rotation, by the following roll call vote: AYES: Alderete, Gibbons and Roseberry NOES: Doorley, Ebner and Rocha ABSENT: None ABSTAIN: Francois The motion failed. Commissioner Rocha said he supports use of just red lettering. Chair Alderete asked Commissioner Rocha why. Commissioner Rocha said simply that one color is fine the way it is. Commissioner Doorley suggested crafting a motion for denial of this modification. Chair Alderete said he has no issue with use of color. Commissioner Roseberry said that having a black background eliminates the problem with use of color lettering. Commissioner Gibbons asked if a straw poll is appropriate here. City Attorney William Seligmann replied it would be okay to do a straw poll. Chair Alderete asked what happens if the vote is again tied. City Attorney William Seligmann said that the Commission would need to keep voting until the tie is broken. Commissioner Gibbons asked if there are any points for negotiation. Campbell Planning Commission Minutes for October 10, 2006 Page 16 Commissioner Doorley replied probably not. He reminded that he did not think that this reader board sign belonged there in the first place and that it is not appropriate to expand beyond the original approval. Commissioner Roseberry reminded that the original approval allowed use of a red background. Commissioner Doorley said he makes a valid point. If the motion's only change is to restrict to a black background, he can support that. However, the applicant also wants more frequent text change, which he does not support. He also does not support use of additional colors. Commissioner Gibbons said that that Planning Commission did not craft the conditions of approval for the original approval, Council did. She said that it might be appropriate to reconsider the conditions now. Commissioner Doorley said it is important to take Council's decision and follow through with that. Chair Alderete said that he has no problem with the timing of the rotation and pointed out that the State allows four plus second rotation. Commissioner Roseberry said that he sees this sign every day. It jumps out but is not that bad. The worse part is the red background. He said that this is an opportunity to change that. Commissioner Doorley said again that he could craft a motion for denial and allow the applicant to appeal to Council. Commissioner Ebner said that he could support if additional colors are not allowed, if only a black background is used and that the rotation is at 14.5 seconds. Commissioner Rocha said he would support that too. Chair Alderete reported that he attended the Planners' institute in 2005. He attended a session on signs and sign ordinances. He said he did not think this sign was a big deal originally. He added that the issue is before the Planning Commission at this time and not before council, yet. Director Sharon Fierro said the Commission has the option to forward this on to Council letting them know that the Commission has reached impasse. This would allow this meeting to move forward. Commissioner Rocha reminded that the sign originally passed by only a 3-2 vote by Council. It could have gone the other way. Campbell Planning Commission Minutes for October 10, 2006 Page 17 Commissioner Ebner said that a compromise has been offered. Commissioner Roseberry said that the applicant might be better off taking their shot with Council. He said that he sees no logical reason to allow just red lettering. It is overly restrictive and does not serve any benefit to the City of Campbell. He said the modification would eliminate any use of a garish red background while a denial keeps that red background in effect. He said he is sticking to his guns. Commissioner Ebner said he does not care much about colors at this point. He reminded that he also voted against the original application. He said that someone could go ahead and make a motion that includes use of additional colors, a rotation of 14.5 seconds and the elimination of red background. Motion: Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Gibbons, the Planning Commission voted to reconsider the previous motion, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gibbons, Rocha and Roseberry None None Francois NOES: ABSENT: ABSTAIN: Upon motion of Commissioner Roseberry, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3760 granting a Modification (PLN2006-97) to a previously approved Sign Exception (PLN2004-133) to revise the imposed conditions of approval for the reader board sign on property owned by Stephen Cloud et al Trustees located at 3000 S. Winchester Boulevard, with the findings modified per the desk item and the conditions of approval modified as follows: . Condition 4 - A final sentence should be added reading, "The background color of the electronic reader board portion of the sign shall be black and the text shall be one single color at a time." . Condition 5 - "The text andlor image of the reader board portion of the sign shall change no more than once every 12 seconds." by the following roll call vote: AYES: Alderete, Ebner, Gibbons and Roseberry NOES: Doorley and Rocha ABSENT: None ABSTAIN: Francois Campbell Planning Commission Minutes for October 10, 2006 Page 18 City Attorney William Seligman advised that this action is final in 10 calendar days unless appealed in writing to the City Clerk. Mr. Robert Aguilar said he is not clear on what the motion was. Commissioner Roseberry explained that the approval includes the requirement for a black background, 12-second message rotation, color of choice with a static change rather than a scrolling change of text. City Attorney William Seligmann added that this includes use of just one color at a time. Commissioner Roseberry clarified one color per screen. Mr. Robert Aguilar asked about Mr. Cloud's suggestion about coming back for review every six months. Chair Alderete explained that that provision was not a part of the motion. Chair Alderete call for a brief break at 10 p.m. Chair Alderete reconvened the meeting at 10:07 p.m. *** Chair Alderete read Agenda Item No.3 into the record as follows: 3. PLN2006-81 (PO) PLN2006-82 (TRP) Rodrigues, K. Public Hearing to consider the application of Mr. Kenneth Rodrigues, on behalf of Lexor Builders, for a Planned Development Permit (PLN2006-81) to allow the construction of a new 5,488 square foot commercial building and a Tree Removal Permit (PLN2006-82) to allow the removal of six trees on property owned by Lexor Builders located at 2135 S. Winchester Boulevard in a PD (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: November 6, 2006. Project Planner: Jackie C. Young Lind, Senior Planner Ms. Jackie C. Young Lind, Senior Planner, presented the staff report as follows: . Advised that the applicant is seeking approval of a Planned Development Permit to allow the construction of a 5,500 square foot single-story commercial building and a Tree Removal Permit to allow the removal of six protected Tress. Campbell Planning Commission Minutes for October 10, 2006 Page 19 . Explained that this project will go to Council at its meeting of November 21, 2006, for final action. . Described the subject site as an L-shaped parcel that is 4/10 of an acre that has an existing 1,300 square foot single-story building that was formerly an A&W Restaurant. . Advised that the site is not on the Historic Resources Inventory but that a photographic documentation of the site was submitted. . Described surrounding uses as being commercial to the north, residential to the south and west and commercial to the east. . Said that the General Plan land use designation is Central Commercial and the Zoning is P-D (Planned Development). . Advised that the project is designed to be located at the edge of the street with the parking located behind. It has been designed to resemble individual storefronts with distinct sections. The massing has the tallest feature located at Winchester and Rincon. The project utilizes stucco cornices, wainscoting, and a wrought iron faux balcony on what appears to be a second story. Sufficient area is provided for signs. The project is consistent with the General Plan. . Said that the color board incorporates black, taupe, cream and muted ochre. The finishes are quality. A pedestrian walkway uses color concrete with a scoring pattern. . Stated that a landscape plan includes shrubs and ground cover along Winchester as well as trees, vines, shrubs and groundcover elsewhere on site. There are screening trees to the west of the site where it abuts residential. Two existing Redwood trees will be protected with a Tree Protection Plan. . Explained that ingress is from Rincon to the north and egress is to Mission Way to the south. The existing curb cut on Winchester Boulevard will be removed. . Said that there are 26 standard parking spaces and two ADA spaces for a total of 28. The majority of the parking is away from the western property line where residential uses abut. . Said that lighting fixtures would be reviewed and approved by the Community Development Director. . Said that a trash enclosure would be located at the rear of the property parallel to Winchester Boulevard. It will have masonry finish and metal gable roof. . Said that the rooftop equipment would be screened. . Reported that a Master Sign Program has been submitted and would be considered by the Planning Commission later. . Advised that the applicant has also applied for a waiver of undergrounding of utilities, which was distributed as a desk item this evening. . Informed that one neighbor visited City Hall today to review the plans and expressed pleasure with the proposal. . Said that as far as legal access to Mission Way, the applicant can respond. Campbell Planning Commission Minutes for October 10, 2006 Page 20 . Reminded that the General Plan land use intent is for shopping services and entertainment. . Said that although mixed use that includes residential over commercial is encouraged, staff did not interpret it to mean that is required. The applicant explored the possibility of including residential. However, not all lots can accommodate the parking required for residential. . Said that the standard conditions regarding hours of operation, prohibiting outdoor storage, site maintenance, the screening of roof equipment; noise and the fact that the Director has the option to change operational hours if substantiated noise complaints are received; signs being consistent with the Sign Ordinance; that no signs are approved with this application; that no outdoor seating is approved; and that no specific uses are approved with this PD permit will be incorporated. . Stated that the project is Categorically Exempt under CEQA. . Recommended that the Planning Commission adopt a resolution that recommends Council approve the Planned Development and Tree Removal Permits. Commissioner Ebner asked about the potential noise impacts from the appliances located on the roof. He also questioned truck routes. Planner Jackie C. Young Lind said that there is a cross section on page A-5 that depicts the mechanical equipment. The HV AC units will be mounted on sleepers and not directly on the roof. There will be no noise and/or vibration impacts. Commissioner Ebner asked if there would be any buffering or muffling of sound. Director Sharon Fierro said that the Building Official is available this evening. She advised that there are no late night activities anticipated or approved that might impact other than normal daytime operation of this equipment. She added that there have been no such noise complaints from other similar developments located near residential. More often, staff hears noise complaints relating to residential swimming pool equipment. Mr. Bill Bruckart, Building Official: . Advised that most current HV AC units are designed to minimize noise. . Assured that there should not be any problems for neighbors as a result of this equipment. Commissioner Rocha asked if the parapet would help defray noise impacts. Building Official Bill Bruckart replied it certainly would. Commissioner Ebner asked about construction traffic. Campbell Planning Commission Minutes for October 10, 2006 Page 21 Director Sharon Fierro advised that the Public Works Department would approve a truck route. If problems arise, staff would respond to complaints. Commissioner Gibbons asked about the requirement for street trees. Planner Jackie C. Young Lind said there is no proposal for street trees. Commissioner Gibbons: . Stated that there are no signs being approved tonight. . Said that this project is adjoining Mission Way and that two new houses were fairly recently approved on Mission Way. . Reminded that while Public Works had asked for street improvements and curb cuts for those new houses, they could not be mandated on this private street. . Asked if staff is comfortable with the street improvements and with traffic directed to Mission Way. . Inquired whether neighborhood meetings were held. Commissioner Rocha provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on September 26, 2006, and was very supportive. . Said that SARC believes this project sets the bar for development along Winchester Boulevard. Chair Alderete opened the Public Hearing for Agenda Item No.3. Mr. Zachery Goldberg, Representative, Lexor Investments: . Provided a new color rendering for the Commission's review. . Said that Lexor Investments is excited about this opportunity to redevelop this property. . Said that Kenneth Rodrigues and Partners are the architects for the project. . Stated that the project meets the intent of the downtown corridor. . Said that tree protection would be put in place. . Stated that the project is consistent with City policies. . Expressed appreciation for staffs assistance. . Reported that a Master Sign program would be processed at a future meeting and that a Waiver of Underground Utilities has been requested due to the disproportionate cost. . Thanked staff and said he was available for any questions. Commissioner Doorley asked if the Underground Utilities Waiver would be considered later. Campbell Planning Commission Minutes for October 10, 2006 Page 22 Planner Jackie C. Young Lind said that it is not proposed for action this evening. The information provided as a table item was simply to serve as full disclosure of the plans for the site to the Commission. Commissioner Doorley sought clarification that no action will be taken on it this evening. Planner Jackie C. Young Lind deferred to the City Attorney. City Attorney William Seligmann said that the decision rests with the Community Development Director and is not properly before the Planning Commission tonight. Commissioner Doorley pointed out that the rendering provided this evening depicts under grounded utilities, as the poles are not on the drawing. Mr. Zachery Goldberg said that they could support an in-lieu fee, if required, but being required to underground might cause this project to not go forward. Commissioner Gibbons wanted to clarify that there are no ducts along the top of the roof. Mr. Zachery Goldberg replied correct. Commissioner Gibbons said that it is important to clarify the intent as far as lighting. Mr. Zachery Goldberg said that they would be very considerate of adjacent neighbors by using screened lighting that meets all City Codes. Commissioner Gibbons: . Said that lighting poles should probably be located along the perimeter and not too high. She said that a condition on this is needed. . Said that issues such as parking would need to be evaluated further if a restaurant were to be proposed for the site since there is only one space per 200 square feet. . Stressed the importance of operational hours, noise conditions and that any wall constructed not simply be exposed concrete block. Mr. Zachery Goldberg said that the wall was a requirement made by staff. Commissioner Gibbons said that something more aesthetic such as stucco should be considered. She reminded that Mission Way is not a public street. Mr. Zachery Goldberg assured that they have easement rights to use Mission Way. Campbell Planning Commission Minutes for October 10, 2006 Page 23 Commissioner Gibbons said that she is disappointed that there is no housing included in this project. Mr. Zachery Goldberg advised that the site geometry simply did not work with housing. It is too small a site. Mr. Bill Hirschman, Lexor Investments: · Reported that they made a huge attempt to purchase the adjacent properties to develop them all together but were not successful. . Reiterated that the geometry of their site did not allow the inclusion of housing. · Said that they are well aware that Mission is a private drive and they have provided some parking along Mission, on their property. . Assured that lights would be no problem and they would use cutoff lenses. . Said that they like the idea of a wood fence on the site, something solid with lattice. Commissioner Gibbons clarified that she is not proposing a wood fence but rather something more attractive than a block wall perhaps stucco. She suggested that the neighbors could contribute to this decision. Director Sharon Fierro reported that with one project, the neighbor was allowed to choose the finish of the wall from their side. City Attorney William Seligman cautioned that the decision on the wall material cannot be left to the neighbor but rather must be made by the City. Chair Alderete closed the Public Hearing for Agenda Item No.3. Commissioner Doorley asked why street trees were not included. Planner Jackie C. Young Lind said that the landscaping plan was for on the property. She added that she misunderstood the question earlier and assured that there would be tree wells on the sidewalk as part of the streetscape standard on Winchester. Commissioner Francois: . Commended Mr. Zachery Goldberg on his great presentation. . Said that lighting is addressed with Condition 8. . Stated that this is a dynamite project that will be a welcome addition to the Winchester Corridor. . Expressed appreciation for the developer's efforts. Campbell Planning Commission Minutes for October 10, 2006 Page 24 Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Doorley, the Planning Commission took the following actions: . Adopted Resolution No. 3761 recommending approval of a Planned Development Permit (PLN2006-81) to allow the construction of a new 5,488 square foot commercial building with the following amendments to the conditions: . Outdoor Storaae: No outdoor storage shall be permitted on the subject property. No equipment, materials, or business vehicles shall be parked and/or stored outside the building beyond normal business hours. . Parkina & Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code, with the following exception: o A Parking Exception is approved for this project. the approved parking scheme provides (24) uni-stall (8- 1/2' x 18') and (2) accessible parking spaces for a total of (26) parking spaces, which is one space less that the required number of parking spaces (based on one space/200 s.f. of retail). . Location of Mechanical Eauipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents) shall be added to the building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires the review and approval of the Community Development Director. . Trash Enclosure: In order to minimize disruption to the adjacent residential properties, the trash enclosure shall not be accessed after 10 p.m. . Noise: In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that that noises are being generated on the subject property, may immediately modify the hours of operation, subject to the project being brought back to the Planning Commission for review. . Property Maintenance: Maintain all exterior areas of the business free from graffiti, trash and rubbish. . Sians and Advertisina: All signs shall be installed and maintained consistent with Campbell Municipal Code (CMC) Chapter 21.30, Sign Ordinance. The property owner shall give this information to all building tenants. Of particular note is CMC Section 21.30.070, Campbell Planning Commission Minutes for October 10, 2006 Page 25 which regulates temporary signs and/or promotional devices. . Sians: Signs are not approved for this project under this application. . Underaround Utilitv Waiver: An Underground Utility Waiver is not approved for this project under this application. . Outdoor Uses: Outdoor uses (e.g. outdoor seating, etc.) are not approved for this project under this application. . Liaht or Glare: Light or glare from the project shall be shielded or modified to prevent emission of light or glare beyond the subject property. The placement of outdoor lights shall eliminate spillover illumination or glare onto adjoining properties and shall not interfere with the normal operation or enjoyment of adjoining properties. . Walllfence alona the West Property Line: The developer shall meet with the neighboring property owners and the Community Development Director to discuss the wall or fence proposed along the west property line. The final specification for the wall or fence shall be subject to the review and approval of the Community Development Director. . Street Trees: Street trees shall be provided as required by the Streetscape Standards for Winchester Blvd. as described in the Campbell General Plan, Appendix A2; and . Adopted Resolution No. 3762 recommending approval of a Tree Removal Permit (PLN2006-82) to allow the removal of six trees on property owned by Lexor Builders located at 2135 S. Winchester Boulevard, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francoise, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Alderete advised that this item would be considered for final action by Council at its meeting of November 6, 2006. Commissioner Ebner recounted that he had his first ice-cold root beer at this A&W in 1958 and went there often after football games. He is sorry to see it go. *** Chair Alderete read Agenda Item NO.4 into the record as follows: Campbell Planning Commission Minutes for October 10, 2006 Page 26 4. PLN2006-91 0' Arpino, N. Public Hearing to consider the application of Mr. Nick D'Arpino, on behalf of Motion Ultra Lounge, for a Conditional Use Permit (PLN2006-91) and Parking Adjustment for the establishment of a new nightclub in the Grower's Bank Building (formerly used as the Gaslighter Theater) on property owned by Mr. Nick D'Arpino located at 400 E. Campbell Avenue in the C-3-S (Central Business District) 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: Sharon Fierro, Community Development Director Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: . Advised that the project site is the old Gaslighter Theater that was formerly known as the Grower's Bank Building. . Reported that a demolition permit was obtained. This is not a discretionary permit. It allowed the removal of the seating and some interior walls. . Informed that the applicant, Mr. Nick D'Arpino, purchased the building that consists of 3,535 square feet on the ground floor and 1,058 square feet on the balcony area. The applicant proposes to add 2,232 square feet to the second floor to provide office space, restrooms and a catwalk. . Said that more recently the Gaslighter created concerns over concerts held at the site that resulted in loitering and littering problems that were dealt with by the Police Department and Code Enforcement. . Said that Mr. D'Arpino is now to the point in his demolition that the building cannot be occupied. It has to be seismically retrofitted to be used again. . Said that the proposed use is an Ultra Lounge. . Said that the General Plan designation is Central Commercial that allows services, shopping and entertainment. This can become a gathering place in the downtown. . Stated that the Zoning is C-3-S (Central Business District) that allows nightclubs with a Conditional Use Permit. . Explained that the use would include late hours, alcohol sales and live entertainment. . Reported that the existing 4,193 square feet can be reused without added parking requirements. An additional 2,234 square feet is proposed and would trigger additional parking demand. . Said that staff has not specified a specific number since it is usually based on seating rather than square footage and this proposal Lounge does not have much seating. Campbell Planning Commission Minutes for October 10, 2006 Page 27 . Stated that the applicant is aware of the parking deficiency and has proposed a valet plan. Also required would be a hold harmless agreement to allow the valet parking to occur in the City parking lot. . Said that it is estimated that between 100 and 200 total vehicles per day would be drawn by this use. . Advised that an employee would be dedicated to directing traffic. . Said that the standard condition that allows noise impacts to come back to the Director is included. . Explained that there are two types of live entertainment permit. One is from the Zoning Code and is part of the Use Permit process. The other is a Police Department permit that is processed through Council. The Planning Commission live entertainment permit runs with the land while the Police permit is for the specific operator. . Outlined several conditions dealing with issues such as littering and loitering, a dress code and a security plan. . Said that if the business is a success it is possible that they will exceed maximum capacity. If that occurs they will be required to disperse the crowds outside. . Said that the smoking prohibition within 20 feet of an entrance actually only applies to government buildings and does not apply to this business. That was an error in the staff report. Staff is recommending that no smoking be allowed at the rear of the building. . Advised that SARC was concerned about retaining the historic significance of the building and recommended that an expert be hired to supervise the modifications to the exterior of the building. . Suggested both a six and 12-month review of this Use Permit with reviews at one year intervals thereafter. . Reminded that Police would review their live entertainment permit and that proper ABC licensing would be obtained by the applicant. . Suggested amendments to the conditions to include enforcement of the dress code, implementation of a security plan, obtaining a live entertainment permit through the Police Department prior to certificate of occupancy; providing an exterior lighting plan to the Community Development Director, stating that no signs have been approved with this Use Permit and that any sign proposed would need to be reviewed by the Historic Preservation Board and brought before the Planning Commission. Commissioner Doorley asked the minimum age for entry. Director Sharon Fierro replied 21 but that the applicant could speak to this. Commissioner Gibbons said that there has been no discussion about valet parking during normal daytime business hours as well as where the 25 staff would park. Campbell Planning Commission Minutes for October 10, 2006 Page 28 Chair Alderete asked about Condition 5 that requires historically accurate materials for the building exterior. Director Sharon Fierro said that a similar condition was imposed on Bruno Marcelic's building (Farley Building). Certain techniques had to be used to removed old paint and avoid damage. Chair Alderete asked about HPB reviewing the signs. Director Sharon Fierro said that because it is an historic building it is appropriate for HPB to be involved in the sign review while final approval would be granted by the Planning Commission. Chair Alderete suggested that perhaps the review could go from HPB to SARC and then to the Director. Director Sharon Fierro asked the City Attorney if this would be appropriate. City Attorney William Seligmann replied yes. Commissioner Roseberry provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on September 26th. . Said that SARC requested that experts be used to oversee repairs to the historic exterior fac;ade and that the historic expert's recommendations be incorporated into the building materials notes. Chair Alderete opened the Public Hearing for Agenda Item No.4 Mr. Nick D'Arpino, Applicant: . Said he is with Berkshire West Entertainment. . Said that he has a few concerns regarding the proposed conditions of approval. . Said that the first is the issue of queuing. . Pointed out that all such businesses have queuing. . Explained that no one under 21 is permitted access. A high tech identification scanner is used to screen customers for issues such as dress code and to ensure that no weapons are brought into the club. . Stated that he does not expect there to be a long line. . Said that the prohibition of loitering for 150 feet of the premises encompasses almost to Central Avenue in one direction and the railroad tracks in the other. . Said if the smoking area is not allowed smokers will wander away outside of their control zone. He is proposing establishing a smoking area at the back of the property. Campbell Planning Commission Minutes for October 10, 2006 Page 29 . Explained that six exterior cameras would be installed and a full security room. His own security personnel would patrol the club. Commissioner Ebner asked what is the target clientele. Mr. Nick D'Arpino replied 21 or older. Since he will have a Type 48 liquor license no food is required. He said his target clientele is between the ages of 25 and 45. He assured that no hip-hop; rap or techno music would be featured. He promises five star services. This will be an upscale establishment that is a well- controlled environment. Commissioner Francois asked about security for the smoking area at the back. He explained that there had been a drug problem there in times past. He asked about security cameras and staffing of that area. Mr. Nick D'Arpino said that he would have five security staff that are retired from law enforcement. Commissioner Doorley asked what the low scale of security might be if five is the highest level of staffing. Mr. Nick D'Arpino replied on a slow night there might be three. Commissioner Doorley asked if there would ever be just one. He added that between three and five is fair. Mr. Nick D'Arpino replied no, there would never be fewer than three security staff on the premises. Commissioner Doorley confirmed what he had read in Mr. D'Arpino's statement that no one who is already intoxicated would be permitted entry. He asked if the security personnel would be licensed and bonded. Mr. Nick D'Arpino replied that they are registered per State law. Commissioner Gibbons asked about staff parking for the estimated 25 staff members. Mr. Nick D'Arpino said a couple of staff members are daytime employees who do thing such as accounting. Commissioner Gibbons: . Cautioned that the library lot would not be available for staff parking nor the privately owned lots nearby. . Explained that a letter had been received from the corner property owner who had experienced parking problems with the previous uses at Gaslighter. Campbell Planning Commission Minutes for October 10, 2006 Page 30 . Stated that it should be clarified in the conditions just where the parking for staff will be located. . Suggested that Mr. D'Arpino meet with adjacent neighbors and provide contact information in case problems come up. . Questioned daytime parking and how a private event could be parked if it were to occur during the daytime. Mr. Nick D'Arpino said that he would arrange the valet parking for daytime private events. He assured that he would know about these events ahead of time. He added that he would also have maps of public garages available to hand out to patrons. Commissioner Gibbons said she wanted to clarify that there are a number of downtown annual events that shut down the streets over a weekend. She asked Mr. Nick D'Arpino if he were aware of that fact. Mr. Nick D'Arpino said that would be no problem and he would not do private events on those days. Commissioner Gibbons said the impacts would be for the evenings too. Mr. Nick D'Arpino said that maybe a shuttle service from Pruneyard could be arranged. Commissioner Gibbons said she has questions about proposed occupancy. She said that the staff report is estimating 125 guests. The applicant's proposal is for occupancy of 300. The Building Official sets building occupancy and right now there do not appear to be a good grasp on an occupancy load. Mr. Bill Bruckart, Building Official, said that he spent some time looking at the plans and based upon his preliminary review it appears that the occupancy load could be between 380 and 400. After an occupancy load of 300 or more the building type becomes A-2.1. Commissioner Gibbons suggested adding a condition that might constrain the maximum occupancy based upon parking. She said that a lot of things have not yet been worked out. She said that the Building Department would review and approve the plan. Mr. Nick D'Arpino said that he does not want so many people that they are standing nose to nose. He would be willing to set an occupancy limit but is basing his plan on occupancy of 300. Commissioner Gibbons: . Reminded that the staff report calls for an occupancy level of 125. Campbell Planning Commission Minutes for October 10, 2006 Page 31 . Pointed out that since the sidewalk in front is fairly narrow it is possible there may not be sufficient room to accommodate the proposed valet parking kiosk. . Questioned where the electric valet vehicles would be stored. · Added that signage is not being approved this evening. . Suggested that signage, lighting and cameras be discussed with the HPB. . Said that roof-mounted equipment and screening is not part of tonight's approval. · Cautioned that the hours of operation ending at 2 a.m. means complete closure. Mr. Nick D'Arpino said that his security team would stay in place to prevent any loitering. Commissioner Gibbons asked about noise controls, pointing out that there are shared walls with adjacent tenants. She said that vibration might be a consideration. Mr. Bill Bruckart, Building Official, said that there are structural ways to attenuate vibration including using sound attenuating materials. Commissioner Gibbons suggested adding this to the conditions. She asked about the location for the garbage containers. Mr. Nick D'Arpino explained that there is a dumpster shared by several businesses located in the back. Chair Alderete asked how the valet parking would work. Mr. Nick D'Arpino said that there would be three valet staff. One would remain at the podium at all times. The others would be taking vehicles to the parking garages. They anticipate about 30 vehicles per hours with a total request count of 90 each night. Chair Alderete asked how many shuttle carts would be used. Mr. Nick D'Arpino said he would start off with one. They cost $8,000 each, as they are street legal. Chair Alderete asked if the valets follow the same rules of the road as regular cars. Mr. Nick D'Arpino replied yes. Chair Alderete said that the downtown business community has expressed some concerns including queuing on sidewalks and valet parking. Campbell Planning Commission Minutes for October 10, 2006 Page 32 Mr. Nick D'Arpino said that he contacted the neighbors around and got signatures of support from businesses including Bruni's Gallery and Stone Griffin. No concerns were raised with him but he is happy to address any concerns. Chair Alderete reminded that a letter from Chamber President Carl San Miguel was received in support of this club. He added that Sally Howe had filled out a speaker card to speak in support but had to leave the meeting due to the late hour. She told him earlier this evening that she is thrilled to have them as a neighbor in the downtown. Director Sharon Fierro said that a letter from Sanco Pipelines reported issues that had arisen with the operations at the Gaslighter with groups of people loitering in their parking area. They state that if well condition, they have no problem with this club. Chair Alderete closed the Public Hearing for Agenda Item No.4. Commissioner Francois: . Said that Mr. D'Arpino has covered the issues. He is a professional. . Said he is struggling with two conditions. One is the issue of queuing since having security process guests will take some time. His second concern is with Condition #11. . Said another concern is Condition 8 as it pertains to smoking. He said he is not sure how to police that and to outright say no smoking is very restrictive. . Suggested that those two conditions be looked at further. Commissioner Roseberry: . Said that he was initially concerned and told the applicant that at SARC. . Said that after talking with the applicant, he finds Mr. D'Arpino to be a professional who knows what he is doing. . Suggested that the Commission do what is needed to make this work. Commissioner Doorley sought clarification that the outright smoking ban within a certain distance of a doorway is only for public buildings. Is this not a public building? Director Sharon Fierro said that this standard is for government buildings. Commissioner Doorley asked why smoking couldn't be supported in the rear. Director Sharon Fierro replied that there had been problems in the past. Commissioner Doorley suggested that as for queuing control, the line should not leave their frontage. It should not overflow in front of other nearby establishments. He said that a smoking area is needed and using the area behind the building is not the end of the world to him. Campbell Planning Commission Minutes for October 10, 2006 Page 33 Commissioner Gibbons said that if problems arise as a result of queuing, the Director could revoke the Use Permit. She added that loitering is not the responsibility of this business beyond their property line. She said that smoking in back is a problem due to the possibility of drugs. Chair Alderete said that establishments with alcohol need smoking areas. He said that the queuing needs to be done in a tightly controlled fashion and pointed out that queuing occurs at other downtown establishments. Commissioner Rocha recounted that in the 1970's heyday of the Gaslighter, patrons came into the lobby before being admitted into the auditorium. Commissioner Roseberry said that the key issue of queuing is the potential to block access to neighboring businesses. Chair Alderete re-opened the Public Hearing for Agenda Item No.4. Mr. Nick D'Arpino said that he couldn't use the concept of handling the queue in the lobby. With a Type 48 liquor license no one can cross the threshold that has not been properly screened. If someone under 21 gets in the fines are huge. Chair Alderete re-closed the Public Hearing for Agenda Item No.4. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3763 approving a Conditional Use Permit (PLN2006-91) and recommending Council approval of a Parking Adjustment for the establishment of a new nightclub in the Grower's Bank Building (formerly used as the Gaslighter Theater) on property owned by Mr. Nick 0' Arpino located at 400 E. Campbell Avenue with the following amendments to the conditions of approval: . Revise the Staff Recommendation to note that the proposed Parking Exception requires City Council approval. . Add the following conditions as recommended by staff and accepted by the PC: o Dress Code: The property owner shall enforce the Dress Code as described in Attachment No.1. o Police Department Live Entertainment Permit: The property owner shall secure a Live Entertainment Permit from the Campbell Police Department. o Securitv Plan: The property owner shall adhere to the Security Plan as described in Attachment No.2, with any revisions which may required by the Campbell Police Campbell Planning Commission Minutes for October 10, 2006 Page 34 Department. . Add the following conditions as recommended by the PC: o Emplovee Parkina: The property owner shall meet with neighboring business owners to discuss employee parking plans. o Historic Preservation Board Review: The Historic Preservation Board shall review all proposed signs, lighting andlor cameras on the building exterior. o Rooftop Eauipment: No rooftop equipment is proposed for approval for this project under this application. o Occupancy: The initial approved occupancy is 125 total persons. The maximum approved occupancy is 299 total persons. Allowed occupancies within the approved range shall be subject to the review and approval of the Community Development Director, and shall be based on the ability of the approved Parking Plan to satisfactorily meet the parking needs of the Lounge. o Noise and Vibration: Given that the Lounge shares common walls with their neighbors, the plans submitted for the building permit shall specify interior wall materialsltreatments, which reduce noise and vibration. These specifications shall be subject to the review and approval of the Community Development Director. . Delete the following conditions as recommended by the PC: o Smokina: Revise Condition #8. Smokina Area: The designated smoking area shall be at the rear of the building. Appropriate signs and security staff shall enforce this condition. The areas shall be maintained in a clean manner. Failure to properly maintain the designated smoking area may result in revocation by the Community Development Director. o Queuina: Delete Condition #11. by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francoise, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Director Sharon Fierro advised that Council would consider the parking adjustment at its November 21,2006, meeting. Chair Alderete congratulated Mr. Nick D'Arpino. Campbell Planning Commission Minutes for October 10, 2006 Page 35 *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro: Community Development Director, was accepted as presented with the following additions: . Advised that at its last meeting Council initiated the annexation process. Not one person spoke against the annexation. The audience instead was filled with property owners in a pocket off Union who were begging Council to be let into Campbell rather than San Jose. . Reported that plans for the remodel of the former Straw Hat Pizza Parlor have been submitted. ADJOURNMENT The Planning Commission meeting adjourned at 12: 1 0 p.m. to the next Regular Planning Commission Meeting of October 06. SUBMITTED BY: " APPROVED BY: 52.~ ~.cL--- ~ Bob 1\ erete, Chair ATTEST: Sh