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PC Min 01/27/2004CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. JANUARY 27, 2004 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of January 27, 2004, was called to order at 7:35 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Doorley and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: George Doorley Elizabeth Gibbons Bob Alderete Tom Francois Joseph D. Hernandez Michael Rocha Bob Roseberry Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: City Attorney: Redevelopment Manager: Reporting Secretary: Sharon Fierro Geoff I. Bradley William Seligmann Kirk Heinrichs Corinne A. Shinn SPECIAL PRESENTATION TO 2003 CHAIR Chair Doorley presented the traditional half gavel plaque to Commissioner Hernandez in honor of his service as Planning Commission Chair in 2003. Chair Doorley thanked Commissioner Hernandez for his intelligence, leadership and diligence. Commissioner Hernandez thanked the Commission for this recognition. APPROVAL OF MINUTE,q Motion: On motion of Commissioner Alderete, seconded by Commissioner Francois, the Planning Commission minutes of January 13, 2004, were approved as submitted with one name spelling correction to page 1. (5-0-0- 2; Commissioners Gibbons and Hernandez abstained) Planning Commission Minutes of January 27, 2004 Page 2 COMMUNICATIONS There were no communication items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chair Doorley read Agenda Item No. 1 into the record. 1. PLN2002-142 Staff Public Hearing for a City-initiated six-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 Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: Advised that in October, the Commission conducted a scheduled three-month review of the Conditional Use Permit issued for the Gaslighter Theatre. This evening represents the scheduled six-month review. · Added that Council approved a Live Entertainment Permit for the Gaslighter in July 2003. · Reported that there have been no new complaints, problems or issues. · Said that as there are no issues of non-compliance at this time, staff is recommending that the operational hours be restored to allow a 12 a.m. end time. · Stated that staff has added one Condition of Approval to comply with State Law. This Condition requires the posting of a small placard that advises the public that this structure is an Un-reinforced Masonry Building (URM). · Concluded by saying he is available for questions as are Captain David Dehaan of the Campbell Police Department and Mr. and Mrs. Albert Gaetano representing the Gaslighter Theatre. Chair Doorley sought clarification as to whether the closure hour had previously been reduced by one hour or 30 minutes. Senior Planner Geoff I. Bradley replied that the closing time had been pushed back from midnight to 11:30 p.m. Chair Doorley opened the Public Hearing for Agenda Item No. 1. Planning Commission Minutes of January 27, 2004 Page 3 Mr. Albert Gaetano, Representative, Gaslighter Theatre, 400 E. Campbell Avenue, Campbell: · Thanked the Planning Commission for its consideration. · Asked for clarification about Condition No. 12 regarding parking in the alley, asking whether this restriction applies to all businesses and not just the Gaslighter. Senior Planner Geoff I. Bradley reported that Condition No. 12 requires no vehicles parking behind the theatre except short term for the unloading of band equipment. The doors into the alley serve as a second means of emergency exiting and must remain clear of obstructions. This is a Fire Department requirement. Mr. Albert Gaetano said that as long as this restriction applies to everyone he actually likes the idea of no parking back there. Senior Planner Geoff I. Bradley pointed out that there are a few striped parking spaces in the alleyway that can be used. Any other parking is prohibited. Mr. Albert Gaetano thanked staff for this clarification. Chair Doorley closed the Public Heating for Agenda Item No. 1. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3535 approving a change in the Conditions of Approval of a previously approved Conditional Use Permit (PLN2002-142) to allow live entertainment within an existing theatre by increasing the operational hours to 12 a.m. daily on property owned by Mark and Richard Gaetano located at 400 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Doorley reminded that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. MISCELLANEOUS Chair Doorley read Agenda Item No. 2 into the record. Planning Commission Minutes of January 27, 2004 Page 4 2. Redevelopment Agency Heating to review the amendment to the Redevelopment Plan for the Central Campbell Redevelopment Project to Extend the Agency's Authority to Exercise Its Power of Eminent Domain and to review said Plan for consistency with the City's General Plan. Project Representative: Kirk Heinrichs, Redevelopment Manager Mr. Kirk Heinrichs, Redevelopment Manager, presented the staff report as follows: · Greeted the Commission, saying it was nice to be before them since he does not often have occasion to do so. · Stated that the Commission is being asked to adopt a Resolution finding the RDA's project to extend the Agency's authority to exercise its power of eminent domain to be consistent with the City's General Plan. · Advised that under Redevelopment Law, a City's Planning Commission reviews proposed amendments to RDA Plans. · Informed that such plans expire 12 years after adoption unless they are amended. The current Plan for the Central Campbell Redevelopment Project expires in June. · Said that the RDA is proposing to extend it to June 16, 2016. · Stated that there are no changes to the Plan itself and no plans to acquire property. However, this tool is essential and serves as a public benefit. · Pointed out that the powers of eminent domain were exercised just three times, including the acquisition of the Master Development site in Downtown Campbell. · Said that Council and the Redevelopment Agency, at a meeting on February 17th, would consider this matter for final action. Additionally, a community meeting would be held on February 5, 2004, with business and property owners. · Asked that the Planning Commission adopt a Resolution stating compliance with CEQA and the General Plan. Commissioner Rocha asked if the correspondence sent out mentioned that the powers of eminent domain had been exercised only three times in the past. He advised that he has a client that was concerned at seeing the term eminent domain and said such concerns would likely have been alleviated if he understood that it was a power that was seldom used. Redevelopment Manager Kirk Heinrichs replied that this information was not included in the correspondence that was sent out. He suggested that Commissioner Rocha have his client call him for clarification. City Attorney Seligmann asked Chair Doorley for a quick recess at 7:44 p.m. and approached Commissioner Rocha for a consultation. Chair Doorley resumed the discussion at 7:45 p.m. Commissioner Gibbons asked RDA Manager Kirk Heinrichs whether the life of this Central Campbell Redevelopment Plan corresponds with the lifespan of the overall RDA Plan. Redevelopment Manager Kirk Heinrichs replied no. He stated that the Downtown Plan expires in 2023 while the McGlincy Lane Area Plan expires in 2033. Planning Commission Minutes of January 27, 2004 Page 5 Chair Doorley opened the Public Heating for Agenda Item No. 2. Chair Doorley closed the Public Heating for Agenda Item No. 2. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 3536 finding: · That there are no significant environmental impacts to prevent the adoption of a Negative Declaration; · That the proposed amendment to the Central Campbell Redevelopment Plan to extend the Agency's eminent domain authority is found to be consistent with the City's General Plan; · That the Planning Commission recommends approval of the proposed amendment to the Central Campbell Redevelopment Plan to extend the Agency's eminent domain authority; and · That this adopted Resolution represents the Planning Commission's report on the proposed amendment to the Central Campbell Redevelopment Plan to extend the Agency's eminent domain authority, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Doorley advised that the City Council and Redevelopment Agency would jointly consider this item at a public hearing to be held on February 17, 2004. 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 the next Planning Commission meeting agenda would include one townhome development on Latimer Avenue and the public heating on the Zoning Code Update. · Said that Council met on January 20th but considered no items of particular interest to the Planning Commission. Commissioner Gibbons asked Director Sharon Fierro about the Planners Institute in March. Director Sharon Fierro: · Reported that there are limited funds available and that she planned to bring- the subject up at the next meeting. · Added that the City cannot send all Commissioners this year. Either more can attend part- time or two can attend the entire conference. · Suggested that the Chair and junior member might be the most logical to go. Afterwards those that attend can come back and share what was learned with the rest of the group. Planning Commission Minutes of January 27, 2004 Page 6 Chair Doorley said that as he has attended the last four or five years, he would suggest that someone other than he be given the opportunity to attend this year in his place. ADJOURNMENT The Planning Commission meeting adjourned at 7:52 p.m. to a Study Session immediately following and thereafter to the next Regular Planning Commission Meeting of February 10, 2004. SUBMITTED BY: APPROVED BY: ATTEST: Corinne A. Shinn, Recording Secretary Georg~Doorley, Chair ~ S~ha~on Fierro, Secretary