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PC Min 10/28/2003CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 28, 2003 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 28, 2003, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Hernandez and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Joseph D. Hernandez George Doorley Elizabeth Gibbons Michael Rocha Bob Roseberry Commissioners Absent: Commissioner: Commissioner: Bob Alderete Tom Francois Staff Present: Community Development Director: Planner I: Police Captain: City Attorney: Reporting Secretary: Sharon Fierro Stephanie Willsey Russ Patterson William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission minutes of October 14, 2003, were approved as submitted with one correction to page 4. (4-0-2-1; Commissioners Francois and Alderete were absent and Chair Hernandez abstained) COMMUNICATIONS 1. Amended findings for Agenda Item No. 1. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no Agenda Modifications or Postponements. Planning Commission Minutes of October 28, 2003 Page 2 ORAL REQUESTS Ms. Meg Stein, Representative, San Tomas Neighborhood Association: · Announced a special meeting of the San Tomas Neighborhood Association to be held on Monday, November 10, 2003, at 7 p.m. The meeting will be held at Capri School and deal with traffic calming issues in the Hazel Avenue area. City staff will also be in attendance. PUBLIC HEARING Chair Hernandez read Agenda Item No. 1 into the record. 1. PLN2002-142 Staff Public Hearing for a City-initiated three month review of compliance with the Conditions of Approval for a Conditional Use Permit (PLN2002-142) to allow late night hours and uses (live concerts, dinner theatre, special events) to be added to the existing vaudeville theatre use at the Gaslighter Theater on property owned by Richard Gaetano and Mark Gaetano located at 400 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. This project was deemed Categorically Exempt under CEQA. Project Planner: Tim J. Haley, Associate Planner Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Advised that the Planning Commission approved a Use Permit on May 13, 2003, with a Condition of Approval requiring a three-month and six-month review of the use from the date of approval of the Live Entertainment Permit, which was granted by Council on July 1, 2003. · Described the difference between the Use Permit and Live Entertainment Permit. The Use Permit allows the operation of a business within a specific location, which is not transferable to another location but can be transferred to another operator at this location. A Live Entertainment Permit is granted to a specific operator and the rights under that permit doe not run with the land. Any subsequent operator would need to secure his or her own Live Entertainment Permit. · Advised that when Council granted the Live Entertainment Permit for the Gaslighter, they modified the hours of operation to 8 a.m. through midnight daily, which reduced the closing time that had been approved by the Use Permit from 1:30 a.m. to midnight. · Explained that during this three-month review period a couple of issues have been identified. One is the posting of signs and stickers. This posting is not being done by the Gaetanos themselves but rather the band promoters are handing out the stickers. These stickers are much like bumper stickers, which remove paint from the light poles on which they are often affixed by Gaslighter patrons causing damage to public property. · Said that a Condition of Approval is proposed to require the Gaslighter to take responsibility for the removal of these signs and/or stickers through the posting of a refundable deposit by each band. · Stated that another issue was brought to light by the Police Department regarding a gathering at the back of the Gaslighter. · Added that staff has amended the findings to support the reduction of operational hours but that the applicant would like to discuss this proposed change further with the Commission. · Said that she was available for any questions. Planning Commission Minutes of October 28, 2003 Page 3 Chair Hernandez opened the Public Hearing for Agenda Item No. 1. Ms. Susan Gaetano, Representative for the Gaslighter Theater, 400 E. Campbell Avenue: · Said that she would like to respond to a couple of things. · Assured that they have tried everything possible to eliminate the posting of signs and stickers. They include restrictions on such postings within the contract signed by the bands to perform at the Gaslighter. If such material is posted, they call the band/promoter and ask them to remove the material. If they do not do so, that band/promoter will not be allowed to come back to the Gaslighter. · Agreed that the posting of these stickers are a real nuisance. · Stated that requiring a deposit from the band/promoter might prevent the posting of these stickers. · Pointed out that there are tons of posters posted throughout the City and that this represents a larger concern, not just the Gaslighter. When bands see these posters, they think its okay to post their own posters. · Explained that she had received the staff report on Friday, which included the memo from Sergeant Markham to Captain Patterson and detailed the situation on August 13, 2003. She said that the fishnet barrier was pulled down as the show was ending that evening in order to allow the bands to pack up to leave and to allow Gaslighter staff to begin the evening clean up. · Said that she believes that this is simply a misunderstanding or miscommunication. · Assured that there was no danger and that their staff security was on site. · Said that they contract with a security firm that provides the two uniformed security as required by the Conditions of Approval. Unfortunately, they don't always show up. · Said that they want to cooperate with the Conditions and are trying hard to do so and is hopeful that over the next three months they will be able to resolve outstanding issues of signs and security. · Stated that a majority of their business occurs in the evening hours and that most shows end between 10 and 11 p.m. Clean up occurs afterwards and takes from one to one-and-a-half hours. · Asked the Commission to allow them to continue to operate until midnight to allow the cleanup to be completed each evening following the conclusion of the performances. Commissioner Doorley: · Pointed out that there appears to have been a lack of coherent communication between the Gaslighter and the Police Department. · Added that although Ms. Gaetano states there was no danger on the evening of August 13th, the Gaslighter is simply not complying with the necessary security requirements under the Conditional Use Permit. Ms. Susan Gaetano: · Said that she was not there on August 13th but that she has a copy of the Police report and talked with their House Manager and the Trainee Manager. · Said that she is still working to gather data on what transpired. · Stated that there have been times when the uniformed security they had arranged simply did not show up. Planning Commission Minutes of October 28, 2003 Page 4 Advised that they own a security uniform that is available for when the security company personnel do not show up, which a member of their in-house security staff can put on. · Agreed that having someone in a security uniform sends a stronger message to their audience. · Said that they don't always know how many patrons will show up but that they always schedule at least one uniformed security person. They understand the requirement for one uniformed security person for every 50 patrons on site. · Said that she is under the impression that the Police Department did not think their Manager was being honest and that they need to work this issue out with the Police. Commissioner Rocha said that it is important that the operator of the Gaslighter knows what happens on their site. Ms. Susan Gaetano reiterated that they got the staff report with the report from Police. She said that it is better to have the opportunity to meet with the Police Department first rather than addressing this situation in a public hearing. Chair Hemandez asked how a band gets the opportunity to play at the Gaslighter. Ms. Susan Gateano: · Explained that there are between 700 and 800 bands listed on their web site. Step one is for a band to get onto the web site. The Gaslighter only books bands it knows and that have played there before. A band that has played at the Gaslighter can also recommend a new band. Said that once a band has appeared once, they keep the band contract on file. Stated that they have strict standards. If there is any damage to the building as a result of a band appearance, that band is not allowed back. If there is any problem at all, that band cannot come back. Said that with this policy, the Gaslighter can demand that the bands/promoters behave in a certain way. Added that there are certain types of bands that are not permitted due to the problems their crowds can cause. They do not book punk, hip-hop or heavy metal bands. It is nothing against those types of bands but rather the types of crowd they draw. Typically the bands they book are pop/punk. Chair Hernandez asked if the band contract is with the Gaslighter or with a promoter. Ms. Susan Gaetano said the contracts are directly with the Gaslighter. She added that if posters are put up, they are strict about insisting on their removal or they do it themselves. Chair Hernandez sought clarification that while promoters may help bands, the Gaslighter controls the Gaslighter Theatre. Ms. Susan Gaetano replied yes, they are always in control of their property. Commissioner Roseberry asked how long the Gaslighter has been contracting with this security company. Planning Commission Minutes of October 28, 2003 Page 5 Ms. Susan Gaetano replied since having uniformed security became a requirement of their operation. Commissioner Roseberry asked about Ryan Security as mentioned in the Police Department memorandum. Ms. Susan Gaetano said she does not know who or what that is. It is not someone they have hired but perhaps they are referring to Brian who works for them. Commissioner Roseberry asked for clarification that the Gaslighter is aware that for every 50 patrons they must have one uniformed security guard on location. Ms. Susan Gaetano replied correct. Commissioner Gibbons clarified that this requirement calls for a uniformed security guard who holds a valid guard card and is bonded for every 50 patrons. Ms. Susan Gaetano explained that the challenge is that they never know how many people may show up. Commissioner Gibbons suggested that the Gaslighter may have to structure it so that they have two guards lined up at all times and charge the bands the cost for that service. She asked Captain Russ Patterson to explain how much of a problem the Gaslighter has been. Captain Russ Patterson, Campbell Police Department: · Said that there have been a few incidents downtown when people are leaving but that the issue is the potential for problems and preventing them from occurring. Commissioner Gibbons asked if the Gaslighter has been adhering to their operational hours. Captain Russ Patterson replied that he couldn't say for sure. He added that the Department will do more patrol checks and monitoring over the next three months. Commissioner Gibbons asked if the Police Department had asked for documentation regarding security provided for past events. Captain Russ Patterson replied no. He said that officers had visited the Gaslighter on occasion when correct security was on hand. Chair Hernandez asked if the Police Department sat down with the applicant prior to processing of their Live Entertainment Permit. Captain Russ Patterson replied yes. He added that by the time the matter gets before Council it is on the agenda as a Consent Calendar item. Chair Hemandez closed the Public Heating for Agenda Item No. 1. Planning Commission Minutes of October 28, 2003 Page 6 Commissioner Doorley: · Said that he is troubled about this situation and that there is a clear written statement from the Police Department. · Added that there does not appear to be the desire in the applicant to take corrective action and/or discipline its staff. · Stated that there is no reason to doubt the Police Department. · Commended the Police Department for their pro-active stance before something goes wrong. · Said that the Gaslighter has economic power over bands that can be used to better control those bands by enforcing their contracts. · Advised that t-shirted security does not meet the established standard for uniformed security personnel. · Said that he would likely support staff's recommendation. Commissioner Gibbons pointed out that the Live Entertainment Permit restricted the closing time to midnight while staff is recommending 11:30 p.m. Chair Hemandez: · Agreed that the Gaslighter has the ability to control what goes on there. · Suggested that the band be required to pay for the security. · Stated that two months from the incident in August is a long time for the Gaslighter to get to the bottom of the matter. · Said he too supports staff's recommendation. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3528 approving a Modification to the Conditions of Approval for a previously-approved Conditional Use Permit (PLN2002-142) reducing the late night closing time from midnight to 11:30 p.m. and adding a Condition of Approval requiring the prevention and/or removal of any unapproved signs within 24 hours, on property owned by Richard Gaetano and Mark Gaetano located at 400 E. Campbell Avenue and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Doorley, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: Alderete and Francois ABSTAIN: None Chair Hernandez reminded that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. Chair Hernandez read Agenda Item No. 2 into the record. Planning Commission Minutes of October 28, 2003 Page 7 2. PLN2003-123 Rowe, W. Public Hearing to consider the application of Mr. William Rowe, on behalf of Ballroom Dance Supply, for a Conditional Use Permit (PLN2003-123) to allow the establishment of a ballroom dance supply store in an existing industrial/commercial space of approximately 2,400 square feet on property owned by Donvanson located at 881 E. Hamilton Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Tim J. Haley, Associate Planner Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Advised that the Zoning designation for this property is Planned Development and that establishing a new use that is different from existing uses requires approval of a Conditional Use Permit. · Said that the proposed use, a ballroom dance supply store, is consistent with the General Plan land use. · Informed that this applicant has operated his business on Campbell Avenue for the last several years in downtown Campbell, occupying 3,200 square feet with four parking spaces. This new building has 60 parking spaces for the entire building with seven that can be allocated to this business based upon its 2,500 square feet of space. Therefore, this property is adequately parked. · Stated that when another business was established recently, a golf training facility, landscaping was required. In conjunction with this business, maintenance of the previously installed landscaping has been conditioned. · Said that she is available for any questions. Commissioner Doorley sought clarification as to why no new landscaping is being required of this applicant when the Golf business was pushed hard to add landscaping to the property. Director Sharon Fierro replied that the golf business was the first use that came in. With the landscaping additions imposed at the time that business was approved, staff believes this property is now adequately landscaped. There is no new square footage and no major site modifications. Commissioner Rocha asked if this is considered a commercial use. Director Sharon Fierro replied yes. She added that the applicant will be removing a roll out door and replacing it with glass storefront windows. Chair Hemandez opened the Public Heating for Agenda Item No. 2. Mr. Donald McMillin, Property Owner, 333 W. Santa Clara Street, San Jose: · Said that he is available for any questions. Chair Hemandez closed the Public Heating for Agenda Item No. 2. Planning Commission Minutes of October 28, 2003 Page 8 Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3529 approving a Conditional Use Permit (PLN2003-123) to allow the establishment of a ballroom dance supply store in an existing industrial/commercial space of approximately 2,400 square feet on property owned by Donvanson located at 881 E. Hamilton Avenue and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Doorley, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: Alderete and Francois ABSTAIN: None Chair Hernandez reminded that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. 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 there is a lot of work to be done on the Zoning Code Update. · Informed the Commission that the regular Planning Commission meeting on November 11, 2003, will be cancelled. In its place, a Study Session will be held to continue discussion on the Zoning Code Update. There will also be no SARC meeting on November 11, 2003. Commissioner Roseberry asked Director Sharon Fierro if the City of Campbell gets an opportunity to comment on projects at its border with adjacent cities. He gave the example of the former A to Z Nursery site in Los Gatos. Director Sharon Fierro: · Assured that the City of Campbell has good communication with the staff at Los Gatos. Advised that several Campbell staffers used to work in Los Gatos including herself, Building Official Bill Bruckart and Redevelopment Manager Kirk Heinrichs. Additionally, several former Campbell staffers are now on staff in Los Gatos. · Cautioned that Los Gatos leaders do not have to adhere to Campbell's recommendations unless it is a challenge to CEQA, which could end up in court for issues such as traffic impacts. ADJOURNMENT The Planning Commission meeting adjourned at 8:23 p.m. to a Study Session immediately following. Planning Commission Minutes of October 28, 2003 Page 9 SUBMITTED BY: APPROVED BY: ATTEST: "~S~cretary'~