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PC Min - 08/25/2009CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY AUGUST 25, 2009 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of August 25, 2009, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Ebner and the following proceedings were had, to wit: ROLL CALL Commissioners Present Commissioners Absent: Staff Present: APPROVAL OF MINUTES Chair: Mark Ebner Vice Chair: Elizabeth Gibbons Commissioner: Bob Alderete Commissioner: Theresa Alster Commissioner: Michael Rocha Commissioner: Bob Roseberry Commissioner: Gary Gairaud Community Development Director: Kirk Heinrichs Planning Manager: Paul Kermoyan Senior Planner: Tim J. Haley Assistant Planner: Daniel Fama City Attorney: William Seligmann Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Roseberry, the Planning Commission minutes of the meeting of August 11, 2009, were approved as submitted. (4-0- 1-2; Commissioner Gairaud was absent and Commissioners Alster and Rocha abstained) Campbell Planning Commission Minutes for August 25, 2009 Page 2 COMMUNICATIONS 1. Letter re item from last meeting agenda. 2. Letter re Agenda Item No. 2 SPECIAL PRESENTATIONS Chair Ebner read the Commission's proclamation honoring Ciddy Wordell and presented it to her in recognition of her seven months of service as Interim Director and Contract Planning Manager. Ms. Ciddy Wordell: • Thanked the Commissioners. • Reported that seeing their smiling and warm faces again this evening reminds her why she likes Campbell so much. • Advised that she liked the projects she worked on during her tenure. • Concluded that it was really a pleasure to be here. Chair Ebner read the Commission's proclamation honoring Commissioner Bob Alderete for his eight years of service. Commissioner Alderete: • Thanked the Commission for the kind words on this proclamation. • Said he had a word or two he wanted to say. • Reported that he and his wife, Jann, love Campbell. They love their community. Jann serves on the Parks and Recreation Commission. • Expressed his appreciation to his fellow Commissioners current and former, including Tom Francois, the person who originally encouraged him to apply to serve on this Commission. • Stated that he has loved the opportunity to debate, argue, joke and collaborate with the members of this Commission. • Said that he also very much appreciates the Planning staff for their work, including Corinne Shinn, who prepares the Commission's meeting minutes as its recording secretary. • Encouraged Commissioners, current and future, to always remember to seek something better out of each and every application that comes before them. • Added that they are all here to seek better things for the City of Campbell and each Commissioner offers a different perspective on how to bring that about. • Stated that each Commissioner needs to read all material provided and prepare for these meetings. They should listen to all opinions, from the staff report to the public comments, before forming opinions. • Suggested that each member do plenty of independent research and develop their own thinking. Commissioners will differ in opinion on occasion and that's okay. • Thanked the Council that appointed him. • Urged each member to allow themselves and their city to evolve but also to hold on to core values. Campbell Planning Commission Minutes for August 25, 2009 Page 3 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Ebner read Agenda Item No. 1 into the record as follows: 1. PLN2009-47 Public Hearing to consider the City-initiated Text Amendment Staff (PLN2009-47) to amend the Campbell Zoning Ordinance Section 21.41 (Pre-Applications) to establish submittal requirements and review process for significant development applications. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: September 15, 2009. Project Planner: Tim J. Haley, Senior Planner Mr. Tim J. Haley, Senior Planner, presented the staff report as follows: • Advised that staff is proposing a Text Amendment to amend Campbell's Zoning Ordinance to establish a mandatory pre-application process fora series of development applications that would come before the Planning Commission and City Council. • Reported that a series of study sessions were held by the Planning Commission in 2008. The conclusion of that was a joint study session between the Planning Commission and City Council held on April 29, 2008. • Added that the Planning Commission held a final study session in June 2009 and gave direction to staff regarding the recommended application thresholds and submittal requirements. • Explained that the pre-application process is a process where an applicant can submit an application for initial comments before their formal submittal. • Said that approximately 10 years ago, the City adopted apre-application process and this particular Text Amendment will codify that and provide a procedure wherein an applicant would be required to submit apre-application and a study session would be scheduled before the Planning Commission. • Stated that the Planning Commission has recommended a series of thresholds for the types of applications that would be subject to this process. To implement that requirement, an amendment to the Municipal Code is necessary. • Said that staff has attached to the staff report an amendment to two sections of the Zoning Ordinance that would effectuate this amendment. Campbell Planning Commission Minutes for August 25, 2009 Page 4 • Concluded that the specific recommendation this evening is the adoption of a resolution forwarding a recommendation that Council approves a Text Amendment to add Chapter 21.41 to the Zoning Ordinance and also amend Section 21.38.020 of the Zoning Title to require the submittal of apre-application for certain projects prior to a formal application. Chair Ebner opened the Public Hearing for Agenda Item No. 1. Chair Ebner closed the Public Hearing for Agenda Item No. 1. Commissioner Gibbons thanked staff, particularly Ciddy Wordell, Tim Haley and Jackie Young, for their work on this. She said that this process was an important consideration of the Commission's and staff's efforts are appreciated. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Alster, the Planning Commission adopted Resolution No. 3959 recommending that Council approve a Text Amendment (PLN2009- 47) to amend the Campbell Zoning Ordinance Section 21.41 (Pre- Applications) to establish submittal requirements and review process for significant development applications, by the following roll call vote: AYES: Alderete, Alster, Ebner, Gibbons, Rocha and Roseberry NOES: None ABSENT: Gairaud ABSTAIN: None Chair Ebner advised that this item would be considered by Council at its meeting of September 15, 2009, for final action. *** Chair Ebner read Agenda Item No. 2 into the record as follows: 2. PLN2009-96 Public Hearing to consider the application of Mr. Jonathan Ramos, J. Ramos, Stantec Architectural Inc., on behalf of BP West Coast Products, fora Modification (PLN2009-96) to a previously- approved Conditional Use Permit (UP83-07) to allow 24-hour operation of an existing Arco service station (convenience market and service pumps) on property owned by BP West Coast Products located at 1860 W. Campbell Avenue in a C- 1-S (Neighborhood Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Assistant Planner Campbell Planning Commission Minutes for August 25, 2009 Page 5 Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking approval of a Modification to a previously approved Conditional Use Permit to allow 24-hour operation of an existing ARCO service station and AM/PM mini market. • Reported that the project site is located at 1860 W. Campbell Avenue at the southwest corner of Campbell Avenue at Fulton Avenue. The site is adjacent to multi-family residential units to the south and west; single-family residences to the north and the Kirkwood Plaza Shopping Center to the east. The property is zoned C-1 (Neighborhood Commercial). A late night business in this zoning district requires approval of a Conditional Use Permit. • Informed that the applicant's Use Permit was granted in 1983. At that time, late night hours were not considered a conditional use. Therefore, the Use Permit did not specify hours of operation. In 1993, the City amended the Zoning Ordinance to make late night hours a conditional use. In 2001, the City adopted an Ordinance requiring that all non-conforming late night businesses obtain a Use Permit within two years for late night operations. • Said that as the Use Permit for this specific business did not specify hours of operation, the service station was required to obtain a modification to their Use Permit for late-night hours. • Stated that this service station is configured with amini-market to the southwest corner of the site. The majority of the parking spaces are along the southern edge with the fueling area toward the center. As the use is not being expanded, no additional parking is necessary. • Said that if the Planning Commission approves the request for this Modification, staff recommends several conditions designed to limit impacts to residences adjacent to the business. These conditions include operational restrictions regarding electronic screens; lighting; gasoline and product delivery; excessive noise; outdoor cleaning and the operation of mechanical equipment. Additionally, staff recommends the partial pump closure of the westerly fueling island between the hours of 10 p.m. and 7 a.m. • Recommended that the Planning Commission approve this Modification to a previous Use Permit to allow 24-hour operation of an existing service station and mini-mart. Chair Ebner opened the Public Hearing for Agenda Item No. 2. Mr. Michael Bergh, Resident on W. Campbell Avenue: • Said that he and his family live across the street from this business. • Stated that he is opposed to allowing 24-hour operation due to on-going disturbances to the peace that are unacceptable given the proximity of this business to housing on three sides. • Reported that he has read the staff report and disagrees that posting a sign will be an effective solution to the late night disturbances. • Advised that young people park their cars in the ARCO parking lot at 1 a.m. and blast their car stereos as loud as they will go. These disturbances of the peace Campbell Planning Commission Minutes for August 25, 2009 Page 6 often last 10 to 15 minutes. This is long enough to wake up the neighbors but it's rarely long enough for the police to arrive at the scene before the car has left. • Said that as long as the station is open during these late night hours, the police have an extremely difficult time addressing these types of disturbances. • Added that that is why he is opposed to the station being open during these late night hours. • Said that he also disagrees with the staff report's stated objective of giving consideration to the service station since it has already been operating in the middle of the night for 25 years. The houses in this neighborhood were built over 50 years ago and he wants consideration for the residents in this community. • Said that the staff report also states that in spite of the station operating for 25 years, the Police Department has still received about 130 complaints regarding the station in the last two years alone. On average, that's more than one complaint every week. And that's just the incidents that get reported to the police. And those incidents are ongoing. • Reported that just last week, loud music was blasting from the station's parking lot. Just two nights ago, the station was using power equipment outside the hours allowed by the City. • Questioned how many years and how many hundreds of complaints will it take to recognize that allowing amini-market to operate late at night in the middle of a housing district is a bad idea. He also asked if the Commission knows how many complaints the City has received about his property. He answered his own question. Zero. That's because he shows courtesy to his neighbors. He does not allow people to play loud music in his front yard at 1 a.m. He doesn't put eight televisions on his front lawn and play them as loud as they can go at 2 a.m. He doesn't pull a gas tanker onto his property at midnight and throw manhole covers onto his cement driveway. This is a neighborhood. People are sleeping. No one else in this neighborhood is doing these things and disturbing the peace in the middle of the night except the ARCO station. These are not courteous neighbors. • Advised that he took the initiative to walk around his neighborhood to compile a petition. He went door to door to listen to what his neighbors have to say. In a short time, over 40 households expressed their displeasure over what is happening at this neighborhood including one lady who grew up there and has lived there for 50 years. That's not just 40 people. That's 40 households in this community. • Said that these neighbors are well aware of these disturbances coming from this station in the middle of the night and they want it stopped. • Added that the bulk of this station's business is not at night. Therefore, Campbell will not lose tax revenue if this station is closed during these late night hours. These young people can go just 1.5 miles down the street to the next ARCO- AM/PM mini-mart at W. Campbell Avenue at Winchester. That station is more properly located in a business district where there is no housing in sight. • Stated that Campbell Municipal Code's Noise Ordinance (21.16.070) states that it is the policy of the City to prohibit unnecessary, excessive and annoying sound levels from all sources. In compliance with this policy, Campbell is designated a quiet city. At certain levels, sounds are detrimental to the health and welfare of the citizenry. Campbell Planning Commission Minutes for August 25, 2009 Page 7 • Read further from the Noise Ordinance. • Said that, from his perspective, allowing ARCO to operate in this manner has been a 25-year mistake. A mistake that needs to be fixed. The Planning Commission has the power to fix this mistake. • Urged the Commission to please restore to the community the night-time peace it once enjoyed and overwhelmingly hopes to enjoy again. Please reject this station's request to operate in the middle of the night. Chair Ebner thanked Mr. Michael Bergh for his good presentation and for securing the petition. Mr. Stephen Jamieson, Attorney: • Said that he is here on behalf of BP Products. His law firm is based in Los Angeles. • Reported that issues at this location just recently came to notice for BP and himself. • Added that the station has been in place here for 25 years. • Recognized that there have been concerns raised about noise. • Stated that there is an issue about whether or not it was even necessary for this use at this location, with its 25 year history, to actually require a modification to its existing Conditional Use Permit. • Added that he and the City Attorney have respectfully had discussions on this. They have had some disagreement about whether or not it applies. That is the reason that it initially came before this Commission before being withdrawn. Since that time, a compromise was arranged so that they could bring this back before the Commission once again to try and address the needs/concerns of the community. • Reported that on May 20t", Mr. Jonathan Ramos with Stantec Architectural, who is actually the identified applicant, went out and met with Mr. Bergh and some other members of the community to try and identify what some of the concerns are. • Reminded that this location has been there a long time. It is commercially zoned. It is at the end of a commercial area. It's always difficult when there is a not a buffer area between commercial and residential uses to try and address these kinds of concerns. • Said that rather than battling with the City, they want to be a good member of this community and address these concerns without losing their Constitutionally- protected property interests as well. • Said that at the May 20t" meeting between Jonathan Ramos and the neighbors, issues raised including the lighting issues, noise from the electronic monitors (which are screens at the top of the pump islands) and early morning deliveries. Late night deliveries were not an issue. • Stated that as a result of these concerns raised they considered what they could do to address them. These efforts would be done whether or not they were to be conditioned as a result of a modification to their Use Permit. As far as lighting, they are offering to have the cutoffs for the lights. Regarding the pump island monitors, they have offered to shut those off at 10 p.m. until morning. Regarding deliveries, they can do without late night deliveries but do request that deliveries be permitted to occur before 5 a.m., which is when commuters start leaving for work. He Campbell Planning Commission Minutes for August 25, 2009 Page 8 explained that circulation on site is tight and they don't want to add to site congestion with deliveries during peak commute hours. • Reported that they are satisfied and happy with most of the proposed conditions of approval but the proposed closure (between 10 p.m. and 7 a.m.) of the western- most pump island causes them some difficulties as well. • Said that one problem with that condition is that they need to be ADA compliant. That means that every one of these pump islands needs to be accessible. This particular west end pump island is accessible for both side rear approach and front approach. If that is closed during the middle of the night, that is going to make that difficult. There's also the issue of whether the level of the ground there is flat enough for people who are living with disabilities to be able to get up there with their wheelchair because that slope cannot be more than two percent grade, which makes it difficult for them to be ADA-compliant. This condition creates difficulty with circulation of the site and also deals with decreased revenue from that closed pump island during the late night, which while it may not be a great amount it nevertheless is a concern. • Stated that overall they are trying to be cooperative with the City. They are a committed commercial business that wants to do what is reasonable for the City and its residents. That's why they had the meeting with the nearby residents, including Mr. Bergh. That's why they have offered up these particular conditions and suggestions that they think will help address the neighbors' specific concerns while still recognizing the fact that they (the station) has aConstitutionally-protected property interest in being able to utilize this property. • Added that separate and apart from any disagreement with the City Attorney as to whether or not they (the station) even needs to have this modification to its Use Permit, they are reserving their rights to defend that. They want to do what's right to address these neighbor concerns. They're willing to accept these conditions. They appreciate the ability to come before this Commission and ask for a reasoned and well thought out decision. • Concluded that he is available for questions and is here to try and respond. • Pointed out that he did not see the neighborhood petition before today and would have appreciated the opportunity to reach out to those with concerns prior to this evening's meeting. Commissioner Alster asked Mr. Stephen Jamieson what reasoning was behind this station's failure to apply for extended hours prior to the deadline. Mr. Stephen Jamieson: • Said he wished he knew but he wasn't in place at that time. • Added that this issue never came up. • Stated that he also doesn't know why the City didn't enforce it at the time. • Said that he is not aware if there was some sort of enforcement attempt made by the City but didn't find anything indicating that in their (BP's) records. Commissioner Gibbons asked if there has been any effort over the last five years on the part of this franchisee to reach out to address the neighbors' concerns. Campbell Planning Commission Minutes for August 25, 2009 Page 9 Mr. Stephen Jamieson said that he does not know that. There is no record of such outreach but also no record of complaints being raised, either with BP, ARCO or the City. Commissioner Gibbons asked if this location is a franchise and how long the current franchisee has owned this location. Mr. Stephen Jamieson said that there is a new franchisee just coming in right now and he is not sure about the previous one. Commissioner Gibbons asked if there was anyone directly with BP or the franchisee who participated in Mr. Jonathan Ramos' meeting with the neighbors. Mr. Stephen Jamieson clarified that Mr. Jonathan Ramos represents BP. Commissioner Gibbons said that she understands that but she wants to know if anyone directly from BP or the franchisee was there. Mr. Stephen Jamieson replied no, they were not. He added that they knew that this meeting was being held. Three levels of operational management knew that this meeting was planned as did the franchisee. Mr. Jonathan Ramos brought the information from this neighborhood meeting back to BP and their franchisee so they could work on it. Commissioner Gibbons said that this meeting might have offered an opportunity to establish a personal relationship between this new franchisee and his neighbors. She said that as someone who has patronized this station, she does not recall that the westerly pump was any different from the others. Mr. Stephen Jamieson said that he went there this evening. The pumps looked pretty similar to him but Mr. Jonathan Ramos explained to him that the slope at the westerly pump is flat. Although the others also appear to be flat, they exceed the two percent slope required for ADA compliance. Commissioner Gibbons said that she understands the two percent slope requirement but was rather talking about accessibility to the pump itself. Her question is, despite the slope level, whether the pump itself is accessible. If not, the slope issue is irrelevant. Mr. Stephen Jamieson said that based on his observation, the pump/card reader height looks the same but he did not have the chance to measure it. Commissioner Gibbons explained to Mr. Stephen Jamieson that she happens to be an architect so she notices these sorts of things. She added that she didn't recall seeing a handicapped sticker on it or anything like that. She said that it is also her understanding that handicapped stalls have to have a call button so someone from the Campbell Planning Commission Minutes for August 25, 2009 Page 10 station can actually come out and provide service for the gas. She questioned if that service button is available on that pump. Mr. Stephen Jamieson said he did not know that. Commissioner Alderete: • Pointed out that the staff report refers to primary and secondary impacts of late night operations on adjacent residential uses. • Said that as Mr. Stephen Jamieson himself mentioned earlier, commercial and residential adjacencies bring some challenges. • Stated that as a result the City often finds itself attempting to mitigate those challenges to the satisfaction of both the business and its adjacent neighborhoods. • Added that each of these parties typically have to give something to make this work. • Said that staff has offered a number of conditions of approval to mitigate potential disturbances due to primary impacts. Of these conditions, Mr. Stephen Jamieson has indicated his concern about two that he thinks may not be reasonable -the partial pump closure and gasoline delivery hours. • Stated that BP is therefore suggesting fewer conditions than staff is to mitigate the potential for disturbances in the primary sense with the neighborhood. He said that the secondary impacts represent the potential for impacts really caused by visitors or patrons to the business. • Added that he is not sure he has heard any potential mitigation for secondary impacts from the business or its employees to try to mitigate those things as well. This is even more important to him. These are things that City staff is pointing out and saying that even with conditions of approval probably couldn't be completely mitigated anyway. • Said that he is wondering what the business owner has in mind. Mr. Stephen Jamieson: • Reminded that one of the conditions staff is recommending is for signage. signage has its place and is appropriate. • Suggested that what is probably more helpful is the training of employees on how to handle people who are acting in a loud manner. • Advised that there is a training program within BP that this franchisee is required to go through as well as put its employees through. • Said that with regards to alcohol sales, the employees are required to go through a training program as well to make sure they are well versed and knowledgeable on how to deal with people. People should not be loitering there. They should not be served if they're intoxicated. They should not be served if they're causing difficulties. That training is helpful as well. • Added that he would not object to having this training of employees imposed as a condition of approval. • Said that he is not sure if Campbell Police offers its own training. Some cities do. If there is such training available in Campbell, they would not have a problem with that being conditioned also. Campbell Planning Commission Minutes for August 25, 2009 Page 11 • Said that ABC has its own program to provide training. It is not currently a condition of approval. They would not be opposed if it was added as a condition. • Reminded that the Police Department review of its calls for service to this site was not considered to be excessive. Campbell PD does not have a problem with this use. • Said that a condition prohibiting power washing in the night would not be a problem. Commissioner Alderete said that the fact that this location has residential adjacencies must be taken into consideration despite the statement that this use does not reflect an excessive number of calls for Police services. Mr. Stephen Jamieson: • Concurred that from a Planning and/or land use perspective that must be taken into consideration. However, from a Police perspective, PD is not looking at the same impacts that this Commission is concerned about. PD is concerned about the impacts on calls for service and whether that level of demand is taking services away from other locations. That demand has been determined not to be excessive. This is not a dangerous location. There are not an excessive number of disturbances. • Agreed that this is a different site for a service station than one that is completely surrounded by other commercial uses. That's one reason they have made the effort to meet with the neighbors. • Stressed the importance of maintaining 24-hour operations at this location and reiterated that they have aConstitutionally-protected right to do that. • Reminded that they are willing to agree to conditions. • Said that he would like to see the hours of delivery condition eliminated although he does not expect that to happen. However, he hopes that deliveries would be allowed to occur by 5 a.m. • Stated that they take issue with the condition for the westerly pump closure. They hope not to do that. • Added that there are other conditions that better address this. Commissioner Alderete asked Mr. Stephen Jamieson why 5 a.m. delivery for gasoline is important rather than say 9:30 p.m. Mr. Stephen Jamieson said that generally deliveries are done in the early morning. They like to get gas into the ground and delivery trucks off site before the commuters come. They want to get the trucks in and out before the people start to arrive. Therefore, 5 a.m. delivery is preferable. Commissioner Rocha: • Thanked Mr. Stephen Jamieson for his attendance this evening. • Said that BP has stated the goal of being a good citizen. A good citizen would consider the requests of the City. If there is a long-term concern, they should not be modifying the City's conditions. Campbell Planning Commission Minutes for August 25, 2009 Page 12 • Pointed out that not so many of us are out there at 5 a.m. • Stated that this neighborhood petition is one of the most robust lists he has seen during his seven years on this Commission. • Said that part of the job of this Commission is to take this input into consideration and make it a part of its discussion. • Reiterated that if BP is a concerned good citizen, everyone should work on and augment these conditions. • Suggested the importance of spending more time on concerns of nearby residents than on the concerns over BP's Constitutional rights to the use of the property. Mr. Stephen Jamieson: • Clarified that the reason he brought that up was to explain why this item was continued previously. • Continued that they are here because they want to try to resolve issues and address concerns. These issues include monitors and lighting. • Added that the suggested solutions were made by them rather than imposed by staff. They have tried to come up with things that would help. • Said that that is why they're here. To come up with ways to help. To provide a benefit to the City and its residents. With this modification, ,the City would have conditions that the station would have to abide by and could be enforced by the City as opposed to them (BP) coming in saying this is what they are going to do without that being binding. • Said that they are not trying to be disruptive. They are trying to be cooperative and helpful. • Reminded that he obtained a copy of the neighborhood petition just an hour ago. He said that had they known about that petition sooner they would have attempted to reach out to those people just like they did with the people who had previously identified concerns through written correspondence. Commissioner Gibbons asked if there was just the one meeting with neighbors. She asked what time that meeting occurred, on what day of the week and how many people attended. Mr. Stephen Jamieson said he would defer to Jonathan Ramos. Commissioner Gibbons said that timing for such a meeting is important. She asked how often gas deliveries occur. Mr. Stephen Jamieson said once a day. Commissioner Gibbons asked whether the gesture to implement the proposed mitigation ideas now (such as turning off the monitors) had been considered. Mr. Stephen Jamieson said he is not sure. Campbell Planning Commission Minutes for August 25, 2009 Page 13 Chair Ebner: • Said that he sees a lot of problems with this late night use including the secondary impacts. • Reported that he actually buys gas at this station quite frequently. • Added that sales transactions are all that the station staff can handle as there is usually only one employee working who is busy selling cigarettes, groceries, liquor and dealing with the pumps. • Stated that he finds it extremely naive to think that they are going to be able to take a class and deal with these problems as well. • Suggested that it may be advisable to have a uniformed security person on site to deal with issues on site. • Added that there are bigger problems. He has seen them including loud music, loitering and customers sitting around drinking the beers after they've bought them. There are a lot of problems. • Asked Mr. Stephen Jamieson if they had considered on-site uniformed security. Mr. Stephen Jamieson said that the difficulty is evaluating the cost and necessity for it. Chair Ebner said that this site seems to be profitable and that having uniformed security could be a part of being a good neighbor. Mr. Stephen Jamieson: • Said that uniformed security is a very expensive venture. • Added that if there are issues that are dangerous and/or documented, law enforcement might suggest that. • Said that he is believes that staff training makes a huge difference in the ways of selling products. Chair Ebner said that Mr. Stephen Jamieson misunderstood him. He was talking about the activities outside including loud car music. Mr. Stephen Jamieson: • Stated that he understands. • Reminded that there are people who make their living training people to address these issues and concerns. • Added that there are many ways to address these issues that don't require uniformed security. Sometimes a uniformed security guard can cause more problems because people feel the need to challenge them. That's something else to consider. Chair Ebner suggested perhaps having three staff on site during late hours instead of two. That way, when there are problems occurring outside it could be anon-uniformed staff person who could deal with it. This could occur for just a few hours in the late evening when there is the most potential for problems. That wouldn't be very expensive. Campbell Planning Commission Minutes for August 25, 2009 Page 14 Mr. Stephen Jamieson: • Said that before that should happen, it would be necessary to have more specificity on what is really going on. • Continued that it's one thing to say there's too much noise from monitors or from power washing in the middle of the night, or due to slamming doors, etc. It's another thing to say that there's a reason for security guards and things like that. That's not what he perceives this location to have a problem with. • Said that he perceives that there are noise issues because this site abuts to a residential area. They are trying to address that with some reasonable conditions. • Stated that at this point he has not seen anything. Usually, it would be the Police coming to him or him going to the Police to say that they have all of these issues here. That's not what they are hearing. Chair Ebner reminded that generally by the time police arrive, the person causing the disturbance is gone. Mr. Jonathan Ramos, Stantec Architecture, Project Applicant: • Said that he had a meeting with neighbors at which issues such as security guards and signage were discussed. • Reported that when he brought up a security guard, one of the residents totally discredited it saying it would never work. Chair Ebner asked Mr. Jonathan Ramos if he remembers who that was. Mr. Jonathan Ramos: • Said he believes it was Michael Bergh. • Added that Kirkwood Center owner, John Kirkorian, told him that hiring private security was something that he did to get rid of problems there but it appears that there is some pushback on that idea here. • Stated that he looked through the Police Department report. That report says that calls were not unreasonably high or out of the ordinary for this type of use. • Said that mitigation efforts that include turning off the screens at night, lighting and product deliveries are incorporated into their Building Department submittal that is all ready to go pending this approval. • Said that they are waiting for this to get clarified and hopefully get that implemented. Commissioner Gibbons asked Mr. Jonathan Ramos what time his meeting took place on May 20th and if the meeting occurred on a weekend. Mr. Jonathan Ramos said that the meeting was held at 1:30 p.m. on a Wednesday. Mr. James Lewis, Resident on Ensenada Drive: • Said that his home is located approximately one block away from this site. • Reported that this is the first time he and his wife have felt compelled to speak before this Commission and he thanked them for the opportunity. Campbell Planning Commission Minutes for August 25, 2009 Page 15 Chair Ebner said that he was glad they were here this evening. Mr. James Lewis: • Stated that he and his wife felt strongly about this when Mr. Michael Bergh approached them. • Said that they have lived on Ensenada for about 5.5 years and have watched this service station change over those years. • Gave his background, which is that of a former Air Force policeman, a law enforcement specialist. • Added that he pays close attention to what goes on in his neighborhood and the noise and activity levels have increased over the last five years that they have lived here. • Reported that he and his wife patronize this service station. They own two cars. They travel. They go to the station twice a week. They see it at all hours of the day. • Stated that quite frankly he sees no benefit in 24-hour operations here. What they have seen is an increase in noise and traffic levels and strange people in the neighborhood although he said he cannot say that it's the ARCO station specifically that attracts them but that there's nothing else open there. • Informed that one of their cars was broken into about two years ago when that sort of thing had never happened in their neighborhood before. • Added that the Campbell Police never come into their neighborhood. • Reiterated that while he cannot say it was ARCO that drew problems, but, if you attract them, that is the type of element you're going to get. • Described the noise level, from his home located at the corner of Ensenada and Villarita. Noises can be heard at his home from over the next block at the ARCO station. He said they can hear their televisions, the noise in the early morning, the trucks and the slamming of the manhole cover onto the concrete. It's just not necessary. • Said that he understands the need to do business. • Reminded that he and his wife are patrons who come to this station and they plan to continue to do so. However, as for 24-hour operations, his family has no need for it whatsoever. • Advised that he is here this evening because he is extremely concerned that an element is being introduced that will provide the opportunity for other things to happen. Again, this is coming from his law enforcement background and nothing else. • Declared that he loves his neighborhood, his neighbors and the little kids in his neighborhood. • Said that they have met new neighbors and represent one of the 40 households that signed Michael's petition. • Reported that they knew nothing about this application until Michael Bergh approached them with his petition. No one from this station has reached out in the last five years. If Michael had never knocked on their door, they wouldn't be here this evening. Campbell Planning Commission Minutes for August 25, 2009 Page 16 • Asked that the Commission please consider this request. The neighborhood really doesn't think there is a need for this 24-hour operation. Again, they plan to continue to patronize this station but 24-hours they don't need. Ms. Tierra Bergh, Resident on W. Campbell Avenue: • Said that she has personally seen late night customers transact drug deals, drinking outside and heard them blasting their stereos very loud. • Reported that she has called the cops. • Stated that she does not want this type of activity in her neighborhood as the mother of four small children. She does not want her children to see this sort of activity. Her children get woken up in the middle of the night by noise from this business. • Said that she just does not think that they need to be open 24 hours. • Added that there are not a lot of people there at night anyway, except for those few who are causing all of these nuisances. • Stated that this station appears very profitable during the day and that is great but during the night it is just not necessary. • Said that despite what Mr. Jonathan Ramos has said this evening, they would absolutely love to have uniformed security at this location. It would break down the problems that occur. Commissioner Gibbons asked Ms. Tierra Bergh how often she calls the police. Ms. Tierra Bergh said that personally not that often but her husband calls more often. She said that it is likely at least once a week that he is calling. At the minimum it is every other week. Commissioner Gibbons asked what sort of response they get from those calls. Does a car/officer come out? Ms. Tierra Bergh said that they either just drive by or don't come out at all. She said that they keep track of the Police incident numbers to provide that information to Planning. Chair Ebner closed the Public Hearing for Agenda Item No. 2. Commissioner Alster: • Said that she has greatly enjoyed the public comments on this issue and has many of her own to offer. • Stated concerns over the fact that this station has been operating 24 hours despite the need for a Conditional Use Permit that has been required since 2003 or for the last six years. • Added that she is not a big fan of the concept that just because they have been operating that it should continue to operate. • Said that having a 1 p.m. meeting for community outreach is not very effective since most people wouldn't be able to attend. It is her experience, working as a Campbell Planning Commission Minutes for August 25, 2009 Page 17 volunteer in San Jose, for public meetings to be scheduled around work schedules or people won't be able to participate. • Advised that Mr. Lewis' comments were particularly strong for her given his law enforcement background and his understanding of the elements in the neighborhood that seems to be there just because of the gas station. • Informed that she is going to vote against this 24 hour operation for these reasons. Commissioner Gibbons: • Agreed that this has been a very informative public process. • Thanked all for coming as the public comments did well to help this Commission understand. • Added that the petition was important. • Said that her take is that the conditions of approval should be implemented independently of the proposed operational hours. For example, the pump closure. She suggested that this be kept as a requirement unless it is demonstrated that this is the only ADA-compliant pump station that meets all regulations. Without that, she said that she cannot support the applicant's objection to that closure. • Asked the City Attorney to clarify the regulations for hours in which alcohol sales can occur as those hours would pertain to overall operational hours. City Attorney William Seligmann said that the Commission could make a good argument with the fact that the license hours have nothing to do with the business hours. However, there is a statutory condition that says essentially that if a use has been operating in compliance with the State law hours that, in fact, the City cannot impose lesser hours for the sale of alcohol. Commissioner Gibbons said that she got that and thanked the City Attorney for his clarification. She asked what the allowable sales hours for alcohol are. City Attorney William Seligmann said between 2 a.m. until 6 a.m., alcohol sales are not allowed. Commissioner Gibbons: • Suggested that the operational hours could be from 6 a.m. to 10 p.m. That could just be operational hours for gasoline sales and/or the mini-mart. • Added that she is having difficulty with 24 hour operations and is trying to understand what the Commission's options are with regards to 24 hour operations. • Said that she wants to understand the hours of operation that could be imposed even if they offer alcohol. • Asked for verification that regularly allowed hours, without issuance of a permit for late operational hours, are from 7 a.m. to 11 p.m. • Asked if that range of hours would be acceptable. City Attorney William Seligmann said that there is an issue as to whether or not they are allowed to continue to sell alcohol until 2 a.m. Campbell Planning Commission Minutes for August 25, 2009 Page 18 Commissioner Gibbons added, because they have been. City Attorney William Seligmann agreed, because they have been pursuant to an issued State license. Commissioner Gibbons asked (laughingly) if they could be allowed to sell alcohol until 2 a.m. but no gas or anything else. City Attorney William Seligmann said that may be one possibility. Commissioner Gibbons: • Said she was just checking. • Stated her agreement with Commissioner Rocha. We have never seen this number of signatures on a petition on any issue. • Added that it is difficult to compare this station with any other gas station because not many of the others are associated with residential areas these days. • Said that she thought that 131 calls in a two-year period is exceptional. • Assured that she thinks this is a great business and she does purchase there. • Added that she simply has difficulty with the 24-hour operations and would like to see a solution. • Advised that right now her mind is going to standard, non-extended hours of operation from 7 a.m. to 11 p.m., inclusive of the conditions of approval. Commissioner Alderete: • Said that he would like to point out that in the Police Department review of stats contained in that paragraph include the fact that 61 calls were received between the hours of midnight and 6 a.m. • Added that the remaining 50 calls were received between 6 p.m. and midnight. • Concluded that more than half of the calls for service would be eliminated if they were not open between the hours of midnight and 6 a.m. That is an interesting number. • Reported that he is not a frequent patron but he has used this station occasionally over time. • Described a more detailed experience he had relating to this service station. It had to do with a jury he sat on a number of years ago. It was a DUI case. Campbell Police had picked up the suspected DUI driver at Campbell and Victor Avenues that had just come from this gas station. One of the witnesses was a clergyman, who saw this driver stop at the station, go in and buy candy bars. The driver was obviously impaired. The clergyman took it upon himself to call the Police. This was while the store was selling candy bars to the guy. Everyone knew he was impaired but he was allowed to leave, get back into his car and take off. While it is granted that this is just one event on one day, it also reflected a possible indifference in doing the right thing for the neighborhood at that time. • Said that while the conditions of approval recommended by staff could be helpful for this operation, he said he believes they are helpful whether they are allowed 24- Campbell Planning Commission Minutes for August 25, 2009 Page 19 hour operation or not. These conditions need to be imposed for this location regardless of hours. • Said that his concern is no one knows where the applicant is going to go with this request. No one knows how this neighborhood will be affected going forward. • Predicted that things might get better for a while and then revert back to present conditions. While he hopes this does not happen, it could. • Stated that his concern is whether the City is really going to make the effort required to enforce these conditions of approval even if the neighbors are complaining. • Reported that he has plenty of experience as an "Unofficial Code Enforcement Officer" for the City of Campbell. He added that he says this in jest but he is in touch with the Code Enforcement Department all the time. • Explained that a few years ago, he complained to the Director, at that time, as well as the Chief of Police, at that time, about late night noise in Downtown Campbell. • Added that he documented his complaints and called just about everyone he could think of to call. No one was really interested and nothing was really ever done. This was over a two year period. The business from which the noise was coming was supposed to close its outdoor seating by 10 p.m. but they had been allowed for years to keep it operational until 2 a.m. • Said that he wants to have some plan of assistance. • Added that he finds it hard to approve this as a 24-hour operation knowing that it is very possible that even if people do call and complain that nothing may happen. • Stressed the need to give these folks some kind of channel for some kind of relief if problems result. • Said he wants a balance. He wants this business to do well but wants to balance that with the interests of the neighborhood. That balance can be achieved with proper conditions of approval and hours of operation. • Said that this balance is what could eliminate more than half of the calls for Police services that have generated as a result of activity on this site over the last two years. • Said that he would be supportive of a motion that stipulated all of the conditions proposed by staff but something less than 24 hours of operation. Commissioner Roseberry: • Cautioned that he was going to swim against the tide a little bit here. • Stated that he thought there is a public good aspect to 24 hour operations of this business. • Said that he hasn't personally bought gas there in a long time but used to do so a lot. They usually had a pretty good price. • Added that it also presents a place where one can get something in the middle of the night that you might need around your house but that's not the overwhelming or compelling reason to keep a place open 24 hours. • Suggested that if this use had attempted to achieve compliance at the right time, he thought that they would have had a pretty strong argument, stronger than today. Campbell Planning Commission Minutes for August 25, 2009 Page 20 • Said that he had planned to ask staff how many businesses applied, during the established two-year window, that had extended hours but were denied or cut back as a result of the Use Permit process. • Said that might be difficult to answer and perhaps not even relevant. • Reiterated his belief that they would have had a stronger argument had they come in at the right time. The question becomes, should they be penalized for their timing and, if so, what is a reasonable penalty for that delay. • Said that what goes hand in hand with this is how long they have been in business. It is 25 years. In those 25 years, traffic in that general area has increased. There has been new housing constructed in several places nearby. The general level of activity has increased. • Continued to say that it would not surprise him that the level of trouble has gone up simply by the law of numbers. He added that he is not defending it but rather is just stating it the way he sees it. • Stated that he thought the hours for delivery are fairly reasonable. • Added that he has to admit that he wouldn't want to have a tanker next to his house that is filling up but he also wouldn't want to see a tanker pulling have to pull out of a site across commuter traffic thereby causing a dangerous condition. That makes the gasoline delivery hour request somewhat of a reasonable argument. • Stated that he realizes that he is not getting a lot of support for this opinion from his fellow Commissioners. • Said that even the proposed closing of the westerly pump station is really nothing more than a hollow gesture. It sounds good on its face but he is not sure what it effectively accomplishes. It may even turn out to backfire if people drive up to it and become frustrated when they discover that pump is closed and vent that frustration in some way that is worse than having left it open to pump gas. • Said that the Police report is what it is. Of the calls, only about 20 were made during the day. • Acknowledged the people who came to speak to this issue. • Pointed out that Mr. Michael Bergh made a lot of those calls and probably for the right reason. He keeps hammering when he sees something that is callable. That's the right thing to do. Whether he or someone else made those calls does not mean that they didn't need to be made. He commended Mr. Michael Bergh for persevering despite not getting too much of a response. • Said that whether to approve 24 hours here is somewhat of a roll of the dice for them and us. Issuing a Use Permit with conditions would offer the City some degree of control at this point. If it goes to an appeals court, the City may end up with some compromise that is worse than what the Commission may be able to hammer out here. There's the chance the City's action would be upheld but not assured. • Added that a company like BP would most likely decide to go for an appeal. They seem like the type of people that would do that. They could probably afford to do so. • Said that what he would like to see happen is the crafting of some kind of compromise that works for the City and gives it some level of control. Campbell Planning Commission Minutes for August 25, 2009 Page 21 • Stated that the Commissioners all know that what is said here gets watered down in terms of being enforced. • Said he is hoping to come to a reasonable level of agreement that allows them to be open and gives us some level of control. Commissioner Rocha: • Said that Commissioner Roseberry's comments were well put. • Thanked the members of the community present this evening. • Added that he is happy to see additional members of this neighborhood here together with Mr. Bergh. They have all demonstrated that they have a pretty good argument against 24 hour operations at this station. • Said that he would have liked to have seen the applicant (franchisee) here tonight rather than the legal representative from BP. • Said that it is important to have applicants come before the Commission who can demonstrate that they are genuinely intending to do what is best for Campbell. This business has been in town for 25 years. • Said that he has been living in Campbell 31 years and has bought gas at this station. • Advised that he is not in favor of changing any of the conditions of approval. • Agreed that this Commission and the City may have only one stab at this and might as well make the attempt. • Said that otherwise he is more inclined not to support this application. Commissioner Gibbons: • Reminded that one of the neighbor letters mentioned that one impact is speeding on Fulton Avenue. • Questioned whether Police stats on the surrounding area have been evaluated for impacts. • Stated that Commissioners Alderete and Roseberry have made many good comments. • Agreed that enforcement is a big issue. • Advised that she is definitely not in favor of 24 hour operation. • Said that there are two options in her opinion. One is to go with standard business operational hours. That is pretty defensible and has been done before. • Added that the only backup position would be for the business to close during those hours that liquor sales are prohibited by State law, which is from 2 a.m. until 6 a.m., with all of the other conditions of approval and the clear understanding by the operator that recognizes that the Director can revoke this use. • Said that she too wishes the operator/franchisee were present tonight. It is going to be up to him and his staff to make this a success. Commissioner Alderete: • Said that he wanted to remark that if this business could operate 24 hours a day without impacting its neighborhood, that would be ideal but that's not the case that is being heard tonight. Campbell Planning Commission Minutes for August 25, 2009 Page 22 • Pointed out that Mr. Bergh's calls are not bringing relief from the problems. It is a trend. Conditions of approval may or may not make any difference. • Said that there needs to be a way to truly mitigate this use for the neighborhood. The only way appears to be to cut the operational hours. Chair Ebner: • Said that he had lots of problems with this too. • Said that it reflected arrogance on the part of BP to just keep operating as they have with no outreach to neighbors except for just one gesture meeting held during the workday when most people are working. • Stated that he does not like the idea of 24 hour operation but wants this business to succeed. • Agreed that they will likely appeal. He is not encouraged that they won't. • Said that the neighbors must be heard and the Commission must stand for them. They are a part of this community. They have been forgotten. Their calls have fallen on deaf ears. • Said that the fact that Police response involves cars that just circle this station and then move on disturbs him. • Said he is not in favor of 24 hour operation at all. It has been abused but he is willing to come up with a compromise. Commissioner Roseberry advised that the franchisee is actually here this evening. Chair Ebner said he is now aware of that. Commissioner Alster: • Pointed out that this has been on-going for some months now. • Added that there has been no special training of employees. Nothing has been done proactively to correct this situation. • Suggested that this lack of effort demonstrates that the imposed conditions may not be adhered to. Chair Ebner said that is well said and makes a good point. Questioned why changes were not implemented months ago -why not some sort of gesture. There's been nothing. Chair Ebner re-opened the Public Hearing for Agenda item No. 2. Mr. Sanjay Bhanvadia, Owner/Franchisee of ARCO/AM-PM mini market: • Advised that he has been to all meetings in the past in person. Some of those meetings ended up being cancelled. • Reported that his purchase of this franchise is recent, less than two months. • Said that he is on site most of the time trying to address complaints and work with neighbor issues. • Said that deliveries are being limited as much as can be done. • Said he is available for questions. Campbell Planning Commission Minutes for August 25, 2009 Page 23 Commissioner Roseberry asked Mr. Sanjay Bhanvadia when he dropped into the middle of this on-going process. Mr. Sanjay Bhanvadia said that he bought the station at the beginning of July. Commissioner Roseberry asked Mr. Sanjay Bhanvadia if he was aware of the cloud. Mr. Sanjay Bhanvadia said he was aware of this issue and has worked with Daniel Fama. He added that because of the processing of this modification application, it took an additional nine months to close the sale. Commissioner Roseberry told Mr. Sanjay Bhanvadia that it is pretty clear that he would not get everything he wants approved tonight. If his hours are limited to the same hours in which alcohol sales are allowed, what percentage in lost business would the closure represent? Mr. Sanjay Bhanvadia said that those hours would represent on average $400. He added that he cannot make a decision on that right now. Commissioner Alster asked Mr. Sanjay Bhanvadia to elaborate on what problems he has attempted to work out. Mr. Sanjay Bhanvadia said the issues raised in the neighbors' letters that included the television, trash, gas deliveries, traffic and flow of customers. Commissioner Alster asked Mr. Sanjay Bhanvadia how many of the neighbors he has spoken to directly. Mr. Sanjay Bhanvadia replied that he had not spoken directly but rather has worked to address their written concerns. Commissioner Alderete thanked Mr. Sanjay Bhanvadia for speaking this evening. Since he says Mr. Sanjay Bhanvadia has attended all previous meetings and at each meeting those in attendance are offered the opportunity to speak, is there a reason he did not elect to speak. Mr. Sanjay Bhanvadia said that Mr. Stephen Jamieson was representing the company's interests. Commissioner Alderete said that the Commission wishes it could have heard from Mr. Sanjay Bhanvadia earlier in this process. He asked a follow up question regarding gas deliveries and why gas cannot be delivered before 10 p.m. Mr. Sanjay Bhanvadia said that gas can and many times is delivered prior to 10 p.m. It depends on sales patterns. Campbell Planning Commission Minutes for August 25, 2009 Page 24 Commissioner Alderete asked what triggers delivery of additional gasoline. Is it an automated system? Mr. Sanjay Bhanvadia said that it is indeed an automated system that triggers deliveries depending upon how much remains in the tank. Commissioner Alderete asked Mr. Sanjay Bhanvadia if he must call for more gasoline. Mr. Sanjay Bhanvadia replied no, gasoline is automatically dispatched by BP itself based on what's left in the ground. Commissioner Rocha also told Mr. Sanjay Bhanvadia that he too wishes they had had the opportunity to talk with him sooner. It would have helped establish a pattern of understanding and gone a long way in defraying concerns. He asked Mr. Sanjay Bhanvadia if he understands the whys and wherefores of the proposed conditions of approval. Mr. Sanjay Bhanvadia said that he has seen them for the first time just this evening. Commissioner Rocha said that explains why Mr. Sanjay Bhanvadia has not yet begun to implement them. Mr. Sanjay Bhanvadia said that he has begun to implement some of the issues as he has been in attendance at some of the previous meetings that ended up being postponed in the past. He said that he has been able to proactively work on correcting some of those issues. Chair Ebner clarified that per Mr. Sanjay Bhanvadia's estimate, he would lose approximately $400 a day with the closure of the business between the hours of 2 a.m. and 6 a.m. Mr. Sanjay Bhanvadia said yes. Chair Ebner re-closed the Public Hearing for Agenda Item No. 2. Commissioner Rocha suggested a starting point in restricting hours. The minimum starting point would be a closure between 2 a.m. and 6 a.m. He expressed concern on what might occur if no extension of hours were granted. Chair Ebner reminded that open containers in cars is against the law. People driving in and out of this site with open containers scare him. He said that he is opposed to the whole thing. He added that he has been there when the gasoline trucks are there and was able to maneuver on site. Trucks can always wait until customers are out of the way to bring the truck onto the site. Commissioner Roseberry said that the beauty of allowing operational hours from 6 a.m. to 2 a.m. is that those hours would neutralize any State Alcohol Beverage Control Campbell Planning Commission Minutes for August 25, 2009 Page 25 issues. He reminded that deliveries are automated and trucks will come when the station gets low on fuel. The station itself may not have much control over that. Chair Ebner said that deliveries can be done at any time of the day. Commissioner Roseberry pointed out that with the closure from 2 a.m. to 6 a.m. the gas levels will not be reduced during that time so deliveries also won't have to occur during that window. Commissioner Gibbons: • Advised that BP can work out a "just in time" delivery system. They can keep to our hours simply by putting the info into their computer system that way. • Expressed support for operational hours from 6 a.m. to 2 a.m. with closure between 2 a.m. and 6 a.m. with the clear understanding by BP and the franchisee that the City has this powerful tool by which their hours can be reverted immediately. City Attorney William Seligmann said not exactly. The Director can stay the hours and temporary reduce them. To make that action permanent, it would have to be brought before this Commission in a public hearing. Commissioner Gibbons asked how such a complaint would be processed. Is it that the City would be notified, the hours would be reduced and the applicant appeal that action? City Attorney William Seligmann said that the City would have to schedule a hearing at the nearest date possible. Commissioner Gibbons said that condition giving the Director that power has been working. She suggested a motion granting operational hours of 6 a.m. to 2 a.m. Chair Ebner said that either a security person should be there or the staff should be required to go through training to deal with site management issues. He added that he does not mean a cashier who functionally cannot leave his register. Commissioner Rocha said that this would have to be embraced by the applicant as an intricate security process previously developed for the Gaslighter Theater didn't work. Commissioner Gibbons: • Said that this is an important issue for this neighborhood. • Supported an added condition that requires that all employees of this company take training. • Stated that it must be made clear in the minutes that if there is a problem and the hours are revoked to normal business hours that action brings this use back before this Commission. One of the conditions of approval imposed at that time would be for some type of security operation, if site security turned out to be the reason for revocation. Campbell Planning Commission Minutes for August 25, 2009 Page 26 • Said that it is clear that the Commission's intent is to find a way to enforce the conditions. While it may not be appropriate to put in a condition for uniformed security now because it's a new owner, it must be made clear that if there is a problem down the road that is something that will be brought forward. Commissioner Alderete: • Read Condition 7 about revocation out loud, which reads that in the event of credible complaints the Director may immediately modify the hours of operation and/or limit the hours of operation subject to the project being brought back to the Planning Commission for review. • Asked what it means "or limit the hours of operation" when they are already operating 24 hours. • Questioned whether that means the Director can immediately modify the hours and then it goes to the Planning Commission for a review, agreement or other changes. If this were to happen, what would those hours be? • Said that if 24 hour operation is granted and later rescinded, what prevents this applicant for pursing their right to operate 24 hours under State law. City Attorney William Seligmann explained that at that point, this use would have accepted the benefit of the permit at least once the statue of limitations has run out to challenge that. Assuming it's past that length of time, the use would no longer be able to raise the same non-conforming use issue that essentially he's raising now. Commissioner Alderete thanked the City Attorney. He asked what it means to limit the hours of operation functionally. Director Kirk Heinrichs said that it would mean reverting back to normal operational hours that are allowed without requirement of a Use Permit, which is from 6 a.m. to 11 p.m. Commissioner Roseberry said that granting operational hours from 6 a.m. to 2 a.m. would render the need for uniformed security unnecessary. That would remain an option for the future if things do not work out without that on-site security being provided. Commissioner Alster expressed concern that the residents present this evening may not understand the distinction regarding operational hours versus allowable alcohol sales hours. She stressed the importance of advising these neighbors how to complain in the future. Director Kirk Heinrichs said that neighbors could stop by a Planning Commission meeting to speak under Oral Request or they could contact the Planning Department to lodge a complaint and initiate an investigation into that complaint. Chair Ebner told the residents that it is important to remain vigilant regarding contacting the Police when problems come up. That should be the responsibility of not just one household but of anyone who sees a problem. He suggested they document Campbell Planning Commission Minutes for August 25, 2009 Page 27 the Incident number and make the Director aware if they are not satisfied by the Police response. That is a powerful too. Commissioner Rocha offered the Planning Department's phone number to those in attendance, which is (408) 866-2140. Director Kirk Heinrichs said that was correct. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alster, the Resolution No. 3960 approving previously-approved Conditional night hour operational hours (6 ; service station (convenience Planning Commission adopted a Modification (PLN2009-96) to a Use Permit (UP83-07) to allow late a.m. to 2 a.m.) for an existing Arco market and service pumps) on property owned by BP West Coast Products located at 1860 W. Campbell Avenue, subject to the City Attorney's revisions to the findings and with conditions of approval that include an added condition requiring employee training for all staff on the management of challenging patrons together with the provision of a certificate of completion documenting said training to be issued by an accredited training organization, by the following roll call vote: AYES: Alderete, Alster, Ebner, Gibbons, Rocha and Roseberry NOES: None ABSENT: Gairaud ABSTAIN: None Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The Director's Report was accepted as submitted. COMMISSION COMMENTS Commissioner Rocha: • Said that he wanted to recognize Commissioner Alderete's contributions to this Commission during his eight year tenure. • Explained that Bob has been his best friend on the Commission over the last seven years that they have served together. • Added that during his own seven year tenure, no one has been more of an inspiration, spent more time, dug into items more so than Bob. • Said that no one has demonstrated a thoroughness of preparation like him. He has always been right on top of things and is better at being a Commission now than ever. Campbell Planning Commission Minutes for August 25, 2009 Page 28 • Stated that the Commission, and him personally, would miss Bob profusely. • Expressed his hope that Bob might consider a run for Council in the future and promised to be there to support that endeavor. Chair Ebner thanked the residents for coming this evening. He said that is exactly what this process is about. He urged them to stay on top of this and monitor what is happening there. He added that he is encouraged by the new owner. ADJOURNMENT The Planning Commission meeting adjourned at 9:55 p.m. to the next Regular Planning Commission Meeting of September 8, 2009. SUBMITTED BY: APPROVED BY: ATTEST: