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PC Min 01/02/1980PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA WEDNESDAY, 7:30 P.M. MINUTES JANUARY 2, 1980 The Planning Commission of the City of Campbell convened this day in regular session at the regular meeting place, the Council Chambers of the City Hall 75 North Central Avenue, Campbell, California. ROLL CALL Present Commissioners: Meyer, Dickson, Pack, Vierhus, Kasolas, Vice Chairman Campos; Principal Planner Philip J. Stafford, Planner I Gerald Hobrecht, Engineering Manager Bill Helms, Recording Secretary Linda Dennis. Absent Planning Girector Arthur A. Kee, City Attorney ,!. Robert Dempster. The meeting was adjourned at .7:40 p.m. and reconvened in the Library Community Room at 7:50 p.m., due to a conflict in scheduling with the City Council meeting. APPROVAL nF M 1 NI ITFC i,om~nissianer Pack moved, and Commissioner Meyer seconded, that the minutes of the regular meeting of December 18, 1979 be approved as submitted. This motion passed unanimously. COMMUNICATIONS Mr. Stafford reported that communications received pertain to specific items on the agenda and would be discussed at that time. ARCHITECTURAL APPROVALS s 79-50 Application of Mr. Richard 6. Pasek for approval Pasek, R. of plans to allow the construction of a warehouse building on property known as 911 S. McGlincey Lane in an F1-1-S `Light Industrial) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning, and that the applicant was in agreement with the recommendation of the Architectural Advisor that the front elevation should be tan slumpblock rather than tan painted block, as shown on the original plans. The Site and Architectural Review Committee is recommending approval of this application. Commissioner Pack asked if the Site and Architectural Review Committee had discussed the landscaping plans for this development. Commissioner Kasolas stated that the Committee a~rauld have no objection to reviewing the landscape plans prior to the applicant obtaining a building permit, and that the applicant is in agreement with this condition. -2- Commissioner Dickson questioned if the site ~s visible from the freeway, and if so would the landscaping be appropriate. Mr. Stafford i nd i Gated that the s i T.^ i '> got: ~- i s i bl e from the freeway. It was moved by Commissioner Vierhus, seconded by Commissioner Pack and unanimously adopted that S 79-50 be approved subject to the conditions listed in the Staff Comment Sheet, a copy of which is attached hereto and made a part of these minutes, with the added condition that the front elevation be tan slumpblock as recommended by the Architectural Advisor. i4 ~ .~ S 79-47 Continued application of Mr. Steve Dypvik and Dypvik, S. Micro-Chassis, Inc., for approval of temporary Micro-Chassis structures (trailer and shed) located on property known as 545 Westchester Drive in an M-1-S (Light Industrial) Zoning District. Mr. Stafford reviewed the application, stating that the applicant had submitted a letter agreeing to remove all temporary structures (trailer and shed) by June 18, 1980 and to bring the use of the existing warehouse building into conformance with the Zoning Ordinance by June 18, 1980• (A copy of this letter is attached hereto and made a part of these minutes.) Commissioner Vierhus felt that the applicant had complied with the request of the Commission and moved that S 79-47 be approved with the following rnnr~ i t i nn5 1. Removal of all temporary structures on or before June 18, 19~~; 2. Applicant to either secure Planning Commission approval for revised usage of the building, or provide additional parking which is required by the Zoning Code; 3. Applicant to submit a progress report to the Planning Commission by April 5, 1980 in which he will inform the Commission of his efforts to bring the use of his building into compliance with the Zoning Ordinance. This motion was seconded by Commissioner Pack and unanimously adopted. a ;; s 79-51 Application of Mr. Marvin A. Bamburg on behalf Bamburg, M. of BW Construction Company for approval of plans to modify the site plan for a previously approved 28 unit condominium development (S 78-37) and expand that development by constructing 28 more condominium units on the adjoining property which is known as 933, 949, and 961 Apricot Avenue in an R-3-S (Multiple Family/High Density-Residential) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning, and reviewed the plans for the Commission noting that the proposed development is identical to S 78-37 which was approved in the past. ill J -3- Commissioner Pack asked Engineering Manager Helms about the proposed plans the Public Works Department might have for the intersection of Union and Apricot. Mr. Helms stated that eventually curbs, gutters and sidewalks will be constructed for this area; however, the exact time depends on the cooperation the City receives with the Local Improvement District. Commissioner Pack then asked Mr. Helms if, in his opinion, the proposed improvements would be adequate for the intense usage caused by the high density development in this area. Mr. Helms responded that the City has talked with residents of this area concerning ways to alleviate the current problems, and the residents seem to feel that the current narrow street slows down the flow of traffic through the area and would like it to remain unimproved. It was moved by Commissioner Meyer, unanimously adopted that S 79-51 be listed in the Staff Comment Sheet, and made a part of these minutes. seconded by Commissioner Kasolas and approved subject to the conditions copy of which is attached hereto a ;; PUBLIC HEARINGS V 79-2 This is the time and place for a pub lic hearing to Hood, J. consider the application of Mr. John T. Hood for approval of a request for a variance to Section 21.50.020(4) of the Campbell Municipal Code to allow the construction of a garage within 25 feet of the street on property known as 350 W. Hedegard Avenue in an R-1 (Single-Family/Low Density Residential) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning, and that the Committee is recommending approval of this application. Mr. Stafford reviewed the plans and the location of the property for the Commission, stating that the applicant is proposing to replace an existing carport with a slightly larger two-car garage. The existing development is non-conforming in that it does not provide the required open space between the structures and the street property line. The proposed variance would allow construction of the new carport 10'6" from the property line rather than 25' as required by the Zoning Ordinance. Although the proposed garage could be constructed in accordance with the Zoning Code, to do so would, in staff's opinion, ruin the rear yard of this development. Additionally, staff is of the opinion that West Hedegard is a "low traffic volume scree*_" and therefore is recommending approval of this variance. Vice Chairman Campos opened fihe public hearing and invited anyone in the audience to speak on this item. No one else wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Vierhus and adopted. -4- RESOLUTION N0. 1$47 It was moved by Commissioner Pack and seconded by Commissioner °Jierhus that the Planning Commission a:fop`: Resolution No. 1847 approving V 79-2, granting the variance and approving plans to allow the construction of a garage within 2~ feet of the street on property known as 350 W. Hedegard Avenue in an P,-1 (Single-Family/ Low Density Residential) Zoning District, subject to the conditions listed in the Staff Comment Sheet. n i cri~cS i nn Commissioner Dickson indicated that the Commission would need findings for approving this variance. Mr. Stafford stated that the Commission must find that a hardship exists for the property owner, making a variance necessary to allow him to most fully use his property. In this particular case, the hardship exists due to the nature of the property itself. The existing carport is located 10'6" from the street and by requiring the property owner to build a new garage 25' from the street he would lose a great deal of open space. The Architectural Advisor is of the opinion that the neighborhood will be greatly improved by the removal of the existing structure and the construction of a garage. Commissioner Vierhus stated he was satisfied with the findings and wished to call the motion. Vote on Resolution No. 1847 AYES: Commissioners: Meyer, Dickson, Pack, Vierhus, Kasolas, Campos NOES: Commissioners: None ABSENT: Commissioners: None J: :: i. UP 79-3o This is the time and place for a public hearing Getreu, S. to consider the application of Mr. Sanford Getreu, AICP, far a use permit and approval of plans to allow the addition of five zero lot line single-family homes to an existing single-family development located on property known as 722 Budd Avenue in an Interim (Low Density Residential) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning. In addition to the applicant, the Committee had met with Mr. Charles Forbes, 769 Jeffrey Avenue, a neighbor interested in the proposed development. Commissioner Kasolas noted at this time that the Site and Architectural Review Committee meetings are open to persons interested in a particular application. He further stated that the applicant, Mr. Getreu, is requesting a continuance of this item to the first meeting in February. The continuance has been requested because there have been some concerns expressed by the Committee, as well as neighbors. From the Committee's standpoint, there is a single-family home and five additional homes proposed to the rear with a single driveway, and the concern is that if there is going to be one project that there be some continuity with the existing development. The Committee's recommendation -5- is that this item be continued to February 5, 1980 at the applicant's request. The Committee would like to see how the existing structure is going to fit into the total plan of six homes. He continued that the proposal, as presented today, is for all single-story units on the rear of this property. The proposed units are of a particular design which is different than the design of the existing unit, and it is felt that the existing home should relate to the total development. Concerns were expressed .about the elevations, the colors, and the landscaping of the proposed and existing structures. Commissioner Vierhus indicated that the Site and Architectural Review Committee has also asked the applicant to do some traffic impact studies in the area. He further noted that the applicant had been most cooperative in his response to the landscaping concerns. Commissioner Kasolas noted that because the applicant is requesting a continuance to the February 5, 1980 meeting and because revised plans are anticipated, anyone wishing to speak regarding this matter may wish to withhold comments until after the revised plans and the traffic studies have been completed and presented. Vice Chairman Campos declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Edward Spehar, 777 Jeffrey Avenue, appeared before the Commission to review a letter addressed to the Planning Commission dated December 27, 1979, (a copy of which is attached hereto and made a part of these minutes) signed by "Concerned Neighbors.11 He stated that the main concern is with the density of the project. Approximately one-half of the property will be taken up with driveway and the present home, leaving the other half of the property with five homes built on it. Mr. Rene Pellet, 710 Budd Avenue, stressed that he is not a part of the "neighbor letter." He felt that this project is being looked at in an improper way and that to not allow the land to be used would only make it more difficult to be purchased on an individual basis. He stated that the area is no longer what it was originally intended to be--a rural tract; instead Budd Avenue is now a major arterial. Mr. Charles Forbes, 769 Jeffrey Avenue, expressed concern over the private driveway concept, stating problems with turn-around space and visibility. He felt that perhaps the development might create a cul-de-sac effect, thereby perhaps alleviating some of the traffic from backing out onto Budd Avenue. Mr. Stafford briefly explained the Interim Zone. He also stated that the overall General Plan for the entire area is Low Density Residential. Mr. Forbes stated that the majority of the neighbors felt that the proposed development is not compatible with the other development in the area. He feels it is a townhouse concept, and that in a few years it would be rented out by the original owners with an increased number of residents crowding the small area. He further stated that it is not at all what they would like to see in their neighborhood. Commissioner Vierhus asked if there would be any purpose served by having a street with a cul-de-sac in this area, as opposed to the private driveway. -6- Mr. Helms stated that if a public street were constructed the street would be wide enough for street parking with sidewalks, .and street lighting. In this application the access would be looked at as a private driveway and private driveways will not be maintained by the City but rather by the homeowners through CC&R's. Commissioner Vierhus inquired if there had been any concerns from the Fire Department. Mr. Stafford responded that the Fire Department had stipulated a require- ment of one on-site fire hydrant and no parking on driveway access. Commissioner Vierhus asked where a public street would be on the plans, if there was no private driveway. Mr. Helms indicated there would be no public street because the lot is not large enough to have a public street in a similar road layout. Mr. Russ Lopez, 795 Jeffrey Avenue, appeared before the Commission to state that the neighbors felt that the proposed project is not an individual effort, but rather someone just building in his back yard. Mr. Sanford Getreu, applicant, appeared before the Commission to state his concurrence with the recommendations of the Site and Architectural Review Committee. He stated that he had already begun the sutdies that had been requested by the Committee, and that the revised drawings and reports would be available to the neighbors as soon as they are ready. He indicated that he would be happy to come out to the neighborhood with the revised plans, and noted that this type of development has many more restrictions applied to it than any single-family construction. Vice Chairman Campos stressed to the audience that a decision had not been made on this application, but that it is being recommended for continuance. Mr. Serrio, 725 Budd Avenue, questioned the elevations, stating that perhaps they should blend in with the surrounding area. Vice Chairman Campos stated that the elevations have been reviewed by the Architectural Advisor and he has found them to be acceptable. Commissioner Kasolas noted that the elevations, as presented on the available drawings, cannot be viewed from the street or from the adjoining neighbors due to the proposed landscaping and layout. Mr. Spehar expressed concern over the closeness of the structures to the property line. Mr. Bob Sachs, 656 Sobrato Court, appeared before the Commission to speak against this item. Mrs. Dingle, 699 Jeffrey Avenue, felt the project should contain equal parcels of land. -7- No one else wishing to speak, Commissioner Pack moved that UP 79-30 be continued to the February 5, 1980 Planning Commission meeting. This motion was seconded by Commissioner Meyer and unanimously adopted. :'; The Commission took a break at 9:00 p.m.; the meeting reconvened at 9:20 p.m. i4 .. .~ UP 79-31 This is the time and place for a public hearing Holzer, W. to consider the application of Mr. William Holzer Los Gatos Moose and Los Gatos Moose Lodge for a use permit to Lodge allow a private club on property known as 1632 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Mr. Stafford reviewed this application for the Commission stating that the applicant is proposing to locate a private club in a 2,700 square foot space located in the Kirkwood Plaza shopping center. The proposed use will be located between Bliss Photo Service and Kirkwood Printing. The 2,700 square foot area, if used for retail sales, would have a parking requirement of 5'+ spaces (1 space per 150 square feet of gross floor area}. As a private club, the parking requirement would also be 54 spaces (1 space per 150 square feet of gross floor area). For this reason, staff is of the opinion that the proposed use should not require any additional parking, particularly since maximum use of the proposed club should occur in the evening hours when many of the other shops in the shopping center are closed. Mr. Stafford further indicated that there had been no comments from the Police Department concerning this application; and that staff is of the opinion that the proposed use would be compatible with the surrounding uses, and is therefore recommending approval of UP 79-31• Commissioner Pack questioned if there would be adequate parking if the lodge were to hold a well-attended function on a day when the shopping center was in full usage. Mr. Stafford stated that in staff's opinion there would be adequate parking in this instance. Commissioner Kasolas inquired if the location would be used for lodge purposes only, or if they will be serving food and beverages, renting space out for special occasions, or having social functions. Mr. Stafford noted that the application states there will be a kitchen and a bar maintained on the premises. Commissioner Kasolas referred the Commission's attention to a memo attached to Item No. 9 on this evening's agenda, from the Chief of Police concerning the number of on-sale liquor licenses in Campbell. He questioned if this memo was a policy statement, and if so would it affect the license for the Moose Lodge. Commissioner Kasolas stated that his understanding of the memo from the Police Chief was that there should be no more on-sale liquor licenses allowed in Campbell. He added that he would appreciate the Police Chief commenting on this matter. -8- Vice Chairman Campos opened the public hearing and invited anyone in the audience to speak for or against this item. No one wishing to speak at this time, Commissioner Pack moved that UP 79-31 be deferred until later in the evening so that comments could be heard from the Police Chief. This motion was seconded by Commissioner Kasolas and unanimously adopted. J. J. J. The Commission then proceeded with Item No. 7 on the agenda. UP 79-32 This is the time and place for a public hearing to Torres, T. consider the application of Mrs. Thelma Torres for a use permit and approval of plans to allow the conversion of a residence into a restaurant on property known as 3265 S. Winchester Boulevard in an Interim (Commercial) Zoning District. Mr. Stafford stated that the applicant has requested a continuance to the second meeting in February. He also noted that staff has received a letter of opposition to the development from Mrs. Runore Smith of 3255 South Winchester Boulevard, dated December 31, 1979, a copy of which is attached hereto and made a part of these minutes. Mrs. Smith was not present at this time, but asked that this letter be made available to the Commission for the next meeting that this item appears on the agenda. Vice Chairman Campos declared the public hearing open and invited anyone in the audience to speak for or against this item. No one wishing to speak, Commissioner Pack moved that UP 79-32 be continued to the Planning Commission meeting of February 19, 1980, seconded by Commissioner Vierhus and unanimously adopted. J. 1 J. UP 79-33 This is the time and place for a public hearing Kirkorian, K. to consider the application of Mr. Kent Kirkorian for a use permit and approval of plans to allow the construction of a two-unit development on property known as 700 S. San ,Tomas Aquino Road in an Interim (Low Density Residential) Zoning District. Commissioner Kasolas reported that the applicant had met with the Site and Architectural Review Committee this morning and that the Committee is recommending approval of UP 79-33 subject to the landscaping plans being referred back to the Committee prior to issuance of a building permit. The Committee had indicated a concern for the maintenance of the open space areas located at each end of the property. Commissioner Meyer asked if the proposed development would blend in with the surrounding area. Commissioner Kasolas indicated that the Committee had felt it would. -9- Vice Chairman Campos declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Kent Kirkorian, applicant, appeared before the Commission to state that he would answer any questions they might have about the application. Commissioner Pack asked if the ingress/egress is from San Tomas Aquino Road. Commissioner Kasolas indicated that it was from San Tomas Aquino Road. Commissioner Pack asked if there was landscaping proposed to soften the effect of the tall blank walls. Commissioner Kasolas stated that was one of the concerns of the Site and Architectural Review Committee, and that was why they recommended that the landscaping plans be referred back to them. Commissioner Dicksor. stated he felt that this was another "creeping P-D" because of the Interim Zone, and he requested a walk-through of the plans. Mr. Stafford reviewed the plans, stating that ti?e applicant is proposing to construct two detached single-family residential units on the subject property. The gross area of the lot is 0.4091 acres, resulting in a density of 4.9 units per gross acre. This density conforms to the Land Use Element of the General Plan for this site which indicates Low Density Residential (less than 6 units per gross acre). The plans indicate that resawn plywood will be used for the exterior of both buildings. The roofing material is indicated as being cedar shake. Mr. Stafford further noted that due to the unusual shape of this lot, the applicant is proposing a 10-foot front yard setback instead of the normal 15 feet required of residential development. Likewise, the applicant is also proposing an 8-foot rear yard instead of the 12 feet that would normally be required for a building of this height. He indicated that the Architectural Advisor has stated that this proposal is a unique solution to a very odd lot. Commissioner Dickson asked what the width of the street would be at this site. Mr. Helms responded that the street is 30 feet wide in this area, east of the centerline. There would be enough room for on-street parking, however the City does not intend to provide this because of the curve on San Tomas Aquino Road. Commissioner Dickson inquired about the traffic problems with backing vehicles onto San Tomas Aquino Road. Mr. Helms stated that the Public Works Department views this project the same way as they would a duplex or two single-family homes. There will be people backing onto San Tomas Aquino Road. He indicated that the City is in the process of reconstructing this area and he feels that the visibility will be adequate. i -10- Mr. Stafford reported that there is some provision for on-site circulation to provide back-up space. No one else wishing to speak, Commissioner Vierhus moved that the public hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION N0. 1849 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1849 recommending approval of UP 79-33 to approve plans and allow the construction of a two-unit development on property known as 700 S. San Tomas Aquino Road in an Interim (Low Density Residential) Zoning District subject to the conditions listed in the Staff Comment Sheet with a revision to Condition No. 2 which would include that the . landscaping plans be referred back to the Site and Architectural Review Committee. This motion was seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Meyer, Pack, Vierhus, Kasolas, Campos NOES: Commissioners: Dickson ABSENT: Commissioners: None RESOLUTION N0. 1850 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1850 recommending that the zoning for 700 S. San Tomas Aquino Road be changed to P-D (Planned Development/Low Density Residential) once the Interim Zone is lifted. This motion was seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Meyer, Pack, `Jierhus, N;asolas, Campos NOES: Commissioners: Dickson ABSENT: Commissioners: None ~; The Commission voted unanimously to go on to Item No. 10 on the agenda since the Chief of Police was not yet available to speak on Items Nos. 6 and 9. MISCELLANEOUS TS 79-18 Tentative Subdivision Map: Lands of BW Construction Lands of BW Company. APN 413-44-2, 3 and 4. Construction Mr. Stafford reviewed this application with the Commission, stating that this map is required to allow the construction of S 79-51. Commissioner Pack then moved that TS 79-18 be approved subject to the conditions listed in the Staff Comment Sheet, seconded by Commissioner Vierhus and unanimously adopted. .,. a _,. The Commission took a break at ~:5 p.n;.; the meeting reconvened at 10:05 p.m. .V J. PUBLIC HEARINGS UP 79-31 Continued consideration of the application of Mr. William Holzer and Los Gatos Moose Lodge. The Commission returned to Item No. 6 on the agenda at this time. Commissioner Kasolas repeated his question of the Police Chief regarding on-sale liquor licenses in relation to the memo from Police Captain Butler referencing PD 7g-12, Item No. 9, stating that Campbell has an inordinate number of on-sale liquor licenses. Commissioner Kasolas questioned if the Police Department was calling fora moratorium of on-sale licenses. Mr. Don Burr, Chief of Police, stated that he did not feel the two items, UP 79-31 and PD 79-12,we re related. He indicated that the Police Department is concerned with the large number of licenses Campbell has issued, but he felt that the Moose Lodge was dealing with a different element of people than was the downtown area. Commissioner Pack asked Chief Burr if he felt the Commission would be setting a precedent by approving the Moose Lodge, for mandatory approval of other applications which would involve on-sale licenses. Chief Burr stated he did not feel a precedent would be set. He added that his department is currently spending approximately 70 percent of their time policing food and beverage facilities that are servicing non-residents of Campbell, rather than the residential sections of the City. He noted that the memo regarding The Factory was to give the Commission an idea of the problems of his department; however, the Moose Lodge is not a problem. Commissioner Dickson asked what the definition of a "private group" is in this application. Mr. Doug Campbell, 978 Linda Drive, stated that the Moose Lodge is involved in community activities. He noted that the membership regu- lations are self-policing, and that private guards are hired in special events. He noted that the lodge members are allowed to bring in guests, but are held responsible for the guests' actions. Commissioner Dickson expressed concern that the lodge wanted to locate in a shopping center, stating that he felt this type of use would depress the tenter rather than help it. Mr. Campbell disagreed with Commissioner Dickson, stating he felt the lodge members and their guests would bring business to the shopping center. No one else wishing to speak, Commissioner Pack moved that the public hearing be closed, seconded by Commissioner Meyer and unanimously adopted. M1~- RESOLUTION N0. 1848 Commissioner Pack moved that the Planning Commission adopt Resolution No. 1848 recommending approe~al of UP 79-3i to allow a private club on property knawn as 1&32 W. Campbell Avenue in a C-1-S (~Jeighborhood Commercial) Zoning District subject to the condi*_ions listed in the Staff Comment Sheet. This motion was seconded by Commissioner Meyer and adopted by the following roll tali vote: AYES: Commissioners: Meyer, Pack, Vierhus, Kasolas, Campos NOES: Commissioners: Dickson ABSENT: Commissioners: None .L PD 79-12 This is the time and place for a continued public The Factory hearing to consider the application of The Factory, Ltd., for approval of a revised space utilization plan for property known as 33 and 93 South Central Avenue in a P-D (Planned Develop- ment/Commercial) Zoning District. Mr. Stafford reviewed the application for the Commission stating that this item had been continued from the December 18, 1979 Planning Commission meeting in order that it could be referred to the Police Department and Downtown Merchants for their comments. He noted that staff is recommending approval of the proposed revised space utilization plan, subject to the following conditions: 1. That the total area for "Food and Beverage" use shall be limited to 40,840 square feet, which is the currently approved maximum allowable area for food and beverage use. 2. No further expansion of "Food and Beverage" use shall be allowed. 3. Applicant to submit a revised space utilization plan indicating where the 40,840 square feet of food and beverage use shall be located. Vice Chairman Campos then declared the public hearing open and invited anyone in the audience to speak for or against this item. Mrs. Debra de Diego, Manager of The Factory, appeared before the Commission to review the application for The Factory. She stated that she has talked with the owners of the center regarding limiting the hours of use for the proposed addition, and that the owners are agreeable to discussing this measure. Commissioner Pack asked if the proposal is fora lounge, a bar, or a restaurant. Mrs. deDiego indicated it is open for discussion. Commissioner Pack noted that there was very little activity in the Black Kettle Restaurant after 10:00 p.m. She felt that if the use of the proposed addition was limited to the dinner hours, it might limit the -13- J undesirables in the area. She stated she would ]ike to discuss this matter in detail with the owners, and felt that they should be in attendance. Mrs. deDiego stated that it was her understanding that there had been a misunderstanding when the Parking District was put in regarding the leverage The Factory would be given. Commissioner Vierhus asked Mr. Ted Rogers, Campbell Chamber of Commerce, if the Downtown Merchants were in opposition to the additional "food and beverage" usage proposed by The Factory. Mr. Ted Rogers, representing the Campbell Chamber of Commerce, stated that the Chamber has received several complaints that there seems to be too much drinking on the street and too much damage by vandalism at night in relation to the number of liquor serving establishments in the area. The primary concern of the downtown merchants was one of attracting more of the same thing if expansion were allowed in the "food and beverage" direction. He noted that an executive session is scheduled at the Chamber on Thursday, January 3, and that this will be on the agenda. He stated that the Chamber is very concerned about the taking away of Sur.sweet Hall and feels fihat if something similar to that use could be put in it would attract more daytime activity to the area. Commissioner Pack stated that her main concern with this application is that the owners are not present to address the problems of time and type of use that would go in. She stated she would not like to see another bar or dance facility go in because of previous problems. She added that she would not like to see the application denied because she felt there was some type of use for the area. She felt a continuance might be the answer. Commissioner Vierhus agreed with Commissioner Pack, and felt that a definite plan is needed for a favorable opinion on this application. Commissioner Kasolas stated he would be in agreement with a request for continuance if it would help the matter. Mrs. deDiego stated she would like to request a continuance of PD 79-12 so that the owners could be in attendance. Commissioner Dickson indicated that the Commission has gone over the proposed space utilization for the project very carefully, and he felt that the Commission was attemping to force the applicant into a continuance. Mrs. deDiego repeated that she would prefer a continuance. Commissioner Pack summarized the application as follows: The Factory is asking for an expansion of the "food and beverage" use so that they can rent out a space for this use. Staff is recommending against that, and is recommending that the space now there is limited. It is my feeling that The Factory does have empty space that they cannot rent out and retail space is not compatible. The only successful places in -14- The Factory are the food and beverage facilities. However, the Police Department has stated that late night activities create a problem in the downtown area. It is my feeling that: in order to help out The Factory, we really need a less intense us^ ~h-; a restaurant or a bar. That 9s a difficult problem but if the c~r,:c>ons are stated in the use permit then the owners would have to abide by the conditions. I would like to see this item continued to February and if the owners do not come in with a specific plan (set use) then the Commission will act on whatever the staff brings before us. Commissioner Kasolas added that the Commission is very concerned with the intensity of the nighttime activity in the area. Mr. Stafford informed the Commission that if the applicant did not concur with the recommendation for a continuance, then we would have to have a decision from the Commission before January 13, 1980• Commissioner Kasolas inquired if the Chair must make a determination if the person present, representing the applicant, is authorized to do so. Mrs. deDiego stated that she is the authorized representative of the applicant, Mr. Don Winchester, and d~eshave the authority to speak for Mr. Winchester. She then requested a continuance of PD 79-12 to the meeting of February S, 1980. Commissioner Pack then moved that PD 79-12 be continued to the Planning Commission meeting of February 5, 1980 in order to give the owners an. opportunity to come before the Commission with a specific plan for the vacant space that they are concerned with. This motion was seconded by Commissioner Meyer and adopted by the following roll call vote: AYES: Commissioners: Meyer, Pack, Vierhus, Kasolas, Campos NOES: Commissioners: Dickson ABSENT: Commissioners: None a a a MISCELLANEOUS Nomination and Nomination and Election of Planning Commission Election of Officers for 1980. Officers It was moved by Commissioner Dickson and seconded by Commissioner Pack that Vice Chairman Daniel Campos be nominated for the position of Chairman of the Planning Commission for 1980. This motion passed unanimously. The Commission then elected Daniel Campos as the Chairman for 1980. It was moved by Commissioner Meyer and seconded by Commissioner Pack that Commissioner George Kasolas be nominated for the position of Vice Chairman of the Planning Commission for 1980. It was'then moved by Commissioner Dickson that Commissioner George Vierhus be nominated for the position of Vice Chairman of the Planning Commission for 1980. It was the consensus of the Commission that a secret ballot be taken for the election of the Vice Chairman. _15- A secret ballot was taken, with Comn~issicaners Kasolas and Vierhus abstaining from the vote, and Commissioner Kasolas was declared the V ice Chairman of the P1 ann i s~,u C{~rtni ss i Un for 1980 (Vote : 3-1-0-2) . ITEMS BROUGHT UP BY COMMISSIONERS There was brief discussion concerning the problems of all the Commissioners not having a chance to speak on an item prior to motions being made. There was brief discussion concerning possible rctation of Commissioners serving on the Site and Architectural !?ev'sew committee. A111(111DA1 AAL SIT It was moved by Commissioner Dickson, seconded by Commissioner Vierhus and unanimously ado~~ted that the meeting be adjourned. The meeting was adjourned at 11:20 p.m. APPROVED: Daniel Campos, Vice Chairman ATTEST: RECORDED: Philip J. Stafford, Acting Secretary Linda Dennis, Recording Secretary