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PC Min - 04/12/2011CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of April 12, 2011, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Roseberry and the following proceedings were had, to wit: APRIL 12, 2011 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Bob Roseberry Theresa Alster Mark Ebner Elizabeth Gibbons Paul Resnikoff Philip C. Reynolds, Jr. Commissioners Absent Staff Present: APPROVAL OF MINUTES Commissioner: Planning Manager: Assistant Planner: City Attorney: Recording Secretary: Brian Brennan Paul Kermoyan Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Resnikoff, the Planning Commission minutes of the meeting of March 22, 2011, were approved. (4-0-1-2; Commissioner Brennan was absent and Commissioners Ebner and Gibbons abstained) COMMUNICATIONS 1. Email in support of Agenda Item No. 2. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Campbell Planning Commission Minutes for April 12, 2011 Page 2 ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Roseberry read Agenda Item No. 1 into the record as follows: 1. PLN2011-31 Public Hearing to consider the application of the International International Culinary Center of California, LLC, for a Modification (PLN2011- Culinary 31) of a previously approved Conditional Use Permit (PLN2004- Center 89) to extend operational hours and increase the number of students per classroom on property located at 700 W. Hamilton Avenue in a C-2 (General 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 Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the project site is at Hamilton Avenue and San Tomas Expressway, adjacent to San Tomas Aquino Creek. It is zoned C-2 and the General Plan Land Use designation is General Commercial. • Added that the site contains a 57,600 square foot three-story office building of which the International Culinary Center occupies approximately half (30,000 square feet). It occupies the entire third floor and half of the second floor. • Reported that the Planning Commission originally approved a Conditional Use Permit for the Professional Culinary Institute in 2004. In 2006, the Community Development Director approved an expansion onto the second floor. That space had been occupied by a different school that provided vocational classes. It was determined to be a minor change that could be approved administratively. • Explained that in 2010, the Professional Culinary Institute was bought by the International Culinary Center of California. They advised staff of proposed changes to operations and filed an application for a Modification to the Conditional Use Permit. • Stated that the existing Conditional Use Permit allowed classrooms and kitchens with a maximum of 16 students with one instructor per class. The school is proposing to increase the maximum number of students to 18; 22 in the wine certification classroom; and 24 in the two pastry classrooms. This results in an average of 20 students per class. • Said that the existing operational hours are 7 a.m. to 10 p.m. (Monday through Friday) and 9 a.m. to 2 p.m. (Saturday and Sunday). They request an extension of hours to 11 p.m. • Stated that staff had reviewed the adjacencies. Gold's Gym has a Conditional Use Permit that allows operation to 11 p.m. There have been no complaints. Campbell Planning Commission Minutes for April 12, 2011 Page 3 Therefore, no problems are anticipated with allowing the International Culinary Center to operate until 11 p.m. • Said that classes are staggered throughout the day. Per the staff report, the total enrollment is 178 students. It is more accurate to state that there would be no more than 178 students on site at any one time. • Advised that no increase in parking is required. A parking table was prepared. There is less parking used than currently required. There are no parking issues with the site. • Reported that per the 2004 Planning Commission minutes, parking was of concern to the Planning Commission. A condition of approval gave the Director the authority over parking if problems arose. That condition of approval has been rolled into this Modification of the original Conditional Use Permit. • Said that staff is recommending adoption of a resolution approving this Modification to the Conditional Use Permt. Staff suggests modifying Condition 3-E to read that "the total number of students on site at one time shall not exceed 180." Commissioner Ebner asked where the garbage dumpsters were located on site since clean up occurs after 11 p.m. Planner Daniel Fama said he would ask the applicant to respond to that question. Chair Roseberry opened the Public Hearing for Agenda Item No. 1. Mr. George Hadres, Applicant: • Explained that the dumpster is located along the fence that borders the creek. • Added that trash will have been dumped by 11 p.m. Commissioner Gibbons: • Said that it was more likely that the janitorial staff would take the trash to the dumpster after hours. • Pointed out that there is a pending residential development for across the street. • Explained that the noise generated by the dumping of glass into a recycling container is of concern. • Questioned if the clean up is done by students by the time they leave at 11 p.m. Mr. George Hadres said that there would be a four to five-person cleaning crew working indoors after 11 p.m. He assured that the garbage would have been dumped into the dumpsters by 11 p.m. Commissioner Gibbons: • Reported that she was on the Planning Commission when the Use Permit for the Professional Culinary Institute was originally approved. • Added that at the time of original review, she was concerned about the proposed number of students and seats. • Pointed out that the school could not have activities in all spaces/classrooms at the same time or they would exceed their total allowed occupancy. Campbell Planning Commission Minutes for April 12, 2011 Page 4 Mr. George Hadres pointed out that the second floor was added to the school since that time. He added that 180 would be the maximum occupancy. Commissioner Gibbons asked about the classes and demo kitchen. Mr. George Hadres said they are never used at the same time as there is no way to separate the spaces when in use. Chair Roseberry asked for the capacity. Planner Daniel Fama: • Said that a total building occupancy level allowed under Building and Fire Code regulations usually exceeds the maximum allowed under a Conditional Use Permit. • Added that the existing dumpsters are on the northeast part of the site and Gale Drive is quite a distance away. Chair Roseberry said the greatest concern from dumpster impacts is the sound of crashing class. Chair Roseberry closed the Public Hearing for Agenda Item No. 1. Commissioner Gibbons: • Said that she is not thrilled with increasing occupancy. • Added that the site is usually jammed when functions occur there. • Reminded that the Community Development Director has the ability to cut back on hours if parking becomes a problem but enforceability is the challenge. • Reiterated that she is not thrilled but will consider it based on the comments of others. Commissioner Resnikoff: • Said that Condition 4 dealing with potential parking impacts is critical. • Pointed out that once the homes on 700 Gale Drive are constructed, one cannot count on street parking being available along Gail or in the existing office building's parking lot. Commissioner Ebner: • Said his areas of concern are noise and traffic. • Questioned whether it would be students or janitors taking the trash out and by how late. • Suggested that noise from the dumpsters would carry at night. Commissioner Reynolds: • Said that per the information provided by the applicant, the Hospitality Management Program is being discontinued. Therefore, this expansion may be closer to a wash. • Added that there does not appear to be a history of noise complaints from this site. Campbell Planning Commission Minutes for April 12, 2011 Page 5 • Stated that projecting noise complaints when there currently are none may be unnecessary. Commissioner Gibbons: • Advised that when the Professional Culinary Institute first opened, Gold's Gym had the first two floors of the building and it was mobbed. • Added that over the years, demand at Gold's diminished. This is likely due to changes in the economy. • Reminded that this is a shared parking lot between both uses. There are a large number of people and cars on that site. • Said she has seen the building and site when it was fully loaded. Commissioner Reynolds pointed out that there are provisions for mitigations, if necessary, that include having nearby living accommodations for students convenient to bus routes and shared commute options that includes use of van pools. Commissioner Ebner said that while the Commission has no crystal ball to absolutely project what will happen when an approval is granted, anticipating noise is one impact the Commission must consider. That is a responsibility of the Commission. The Commission must be a bit cautious. Planner Daniel Fama said that the standard condition of approval regarding noise was inadvertently omitted and should be added. Chair Roseberry: • Said that he wanted to express support for the International Culinary Center of California. • Added that it is great to have them in our city. • Pointed out that the school has been a good neighbor and people from this school have won awards. • Reminded that the site is along an Expressway. It is in the right zoning. • Stated that while there may be potential challenges with noise, there are sufficient mechanisms in place to deal with that. Motion: Upon motion of Commissioner Resnikoff, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4018 approving a Modification (PLN2011-31) of a previously approved Conditional Use Permit (PLN2004-89) to extend operational hours and increase the number of students per classroom on property located at 700 W. Hamilton Avenue, with the following modifications: • Add the standard noise conditions; and • Revise Condition 3-E to read that the maximum number of students on site at any time will not exceed 180; by the following roll call vote: Campbell Planning Commission Minutes for April 12, 2011 Page 6 AYES: Alster, Ebner, Gibbons, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Brennan ABSTAIN: None Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Roseberry read Agenda Item No. 2 into the record as follows: 2. PLN2010-169 Public Hearing to consider the application of Mr. Sam Ramirez Ramirez, S. for a Conditional Use Permit (PLN2010-169) to allow the expansion of an existing restaurant (Chacho's Tacos) into an adjacent tenant space, a general on-sale liquor license and modification of late night operational hours on property located at 266 E. Campbell Avenue in the C-3 (Central Business District) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Assistant Planner Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the project site is on Campbell Avenue, between First and Second Streets. The site is zoned C-3 and the General Plan Land Use designation is Central Commercial. • Reported that the site has six parking spaces at the rear and shares use of 30 parking spaces with several buildings. • Said that the existing restaurant on site includes outdoor seating and roll up doors. It will expand by 1,200 square feet by assuming the adjacent currently-vacant tenant space. This expansion will create an approximately 2,400 square foot restaurant. Removal of the existing wall separating the two spaces will create one space. There will be an additional 20 seats, 10 of them dining seats and 10 seats at a bar. The kitchen is not being modified. • Said that the expansion includes new food; a new storage area and new restroom. Table service will be added while the traditional taqueria with counter service will also be available. There will be a general on-sale liquor license. • Added that the requested late night hours are up to 11 p.m., Sunday through Tuesday, and up to 3 a.m., Wednesday through Saturday. Alcohol sales would cease at 11 p.m., Sunday through Tuesday, and at 12 a.m., Wednesday through Saturday. Food service would continue until closing. • Explained that since the exterior changes for the added space will match the existing Chacho's exterior, this application was not reviewed by SARC. • Reported that a Conditional Use Permit was issued in 2004 allowing late hours for Slice Pizzeria. It expired in 2006 and was reinstated by the Planning Commission. Campbell Planning Commission Minutes for April 12, 2011 Page 7 Beer and wine service is allowed in the C-3 Zoning District without requiring a Conditional Use Permit as long as beer and wine sales are ancillary to food service and there is no bar area. • Stated that Chacho's assumed this location and Slice's Conditional Use Permit. • Said that the Downtown Alcohol Policy was adopted with the intent of maintaining a good balance. The provisions of the policy ensure consistency in the way that applications for alcohol uses are reviewed. The DT Alcohol Policy restricts bar seating to 25% or less. Food service must be available at all times. There are limits to live entertainment. Alcohol can only be served with food. Patrons cannot sit at a table only for alcohol consumption. Closing times are 11 p.m.; 12 a.m. with issuance of a Conditional Use Permit. Outdoor seating must close after 11 p.m. • Said that this application is consistent with the C-3 Zoning and the Downtown Development Plan. • Said that this is an interesting restaurant concept that has been very successful. It is also compatible with the Downtown Alcohol Policy. • Added that currently there are no others open beyond 2 a.m. in the Downtown. This would be the first one. • Reported that the Police Department has concerns over enforcement considerations. It is difficult to enforce the cessation of alcohol sales. • Added that the Police Department supports the 11 p.m. closing. • Said that staff supports business hours from 8 a.m. to 11 p.m. daily and operational hours from 7 a.m. to 12 a.m. daily to allow one hour at each end of the day for preparation and clean up. Outdoor seating would be allowed from 8 a.m. to 10 p.m. • Recommended adoption of a resolution approving this Use Permit. • Advised that representatives from the Police Department and for the applicant are available for questions. Commissioner Gibbons: • Said that the Downtown Plan limits outdoor seating to 10 p.m. while this applicant is asking for outside seating until 11 p.m. • Reminded that there are nearby residential units, including some right on Campbell Avenue. Commissioner Reynolds asked about page 4 of the report that states that doors and windows are to be closed at 10 p.m. Planner Daniel Fama replied that the Director has determined that this restriction is not applicable for this site. It is impractical due to the design of the space using roll up doors. Chair Roseberry opened the Public Hearing for Agenda Item No. 2. Mr. Sam Ramirez, Owner & Applicant: • Said that they are not trying to impact the nightlife in the Downtown with their expansion. Campbell Planning Commission Minutes for April 12, 2011 Page 8 • Reported that he has owned the Cardiff for eight years. While there are occasional issues with alcohol, there are not many of them. • Said that the extension of hours would allow late night service of food at Chacho's. There would be no alcohol service past midnight and no live entertainment. • Reminded that there are strong conditions in place for alcohol sales, which ABC (Alcohol Beverage Control) oversees. • Stated that they do a good job with crowd management. They are well prepared and are interested in providing their customers with sufficient time to eat in the later evening hours. • Advised that they sell quite a bit of food between 12 a.m. and 1:30 a.m. • Assured that they do not want to upset their neighbors or cause extra work for the Police Department. They simply want to expand their business and continue to be a good neighbor. Commissioner Resnikoff asked Mr. Sam Ramirez to clarify his hours of service, including sale of alcohol. Mr. Sam Ramirez: • Advised that they stop selling alcohol at midnight. They currently sell only beer and wine-based margaritas. They simply don't want to have to kick people out of their restaurant before they're done eating. Mr. George Sanchez, General Manager, Chacho's Tacos: • Said that he has 21 years of restaurant experience and started to manage Chacho's in 2008. • Said that there are a couple of provisions within the conditions of approval that he does not understand. • Stated that one concern was a requirement to be completely off the premises by midnight. • Pointed out that it takes up to two hours to clean up the kitchen after closing to meet Health Department requirements. Additionally, outside vendors service the restaurant after hours sometimes for up to six hours or through 7 a.m. That includes pest control services that occur after closing. Cleaning the grease trap takes approximately 45 minutes. An employee must stay on site to supervise the work. These maintenance tasks are standard in all restaurants. They simply cannot vacate the premises right at midnight. • Said that there have been no noise problems. Their recyclable glass bottles are set aside, recycled separately and picked up in the morning. • Said that the PD seems to have an issue with alcohol being transferred into a cup. • Said that they stop alcohol sales at midnight voluntarily. • Advised that they manage their crowd control and security using licensed and bonded security professionals. • Assured that both Sam and he have extensive bar/restaurant management experience. They are expanding their menu and services at Chacho's. They are planning to hire more employees, perhaps doubling the number of employees. Campbell Planning Commission Minutes for April 12, 2011 Page 9 • Stated that approximately one-third of their potential revenue would be lost if they are not open beyond 11 p.m. They are a viable business in the Downtown area. • Said that they have a good record for noise management and working with the Police and Fire departments. They are open to working together with the Police Department and City. Commissioner Ebner asked for clarification about people coming to their restaurant after other bars close. Mr. George Sanchez said that Santana Row employees routinely come by after their workplaces close to have a late meal. Mr. Jeremy Blanchard, Business Owner, 346 E. Campbell Avenue: • Said that they have been located in Campbell for four years. • Advised that they are very supportive of other businesses in Campbell. • Added that this expansion of Chacho's is a positive thing for them. Chacho's is a good place to go to. Their food is good. • Said that in the past options for late night eating was places like Denny's and Carrow's. • Stated that it is a positive thing to have Chacho's open later. Ms. Brooke Ramirez, Business Owner, Bombshell Boutique, 295 E. Campbell Avenue: • Explained that she is active in the DCBA (Downtown Campbell Business Association) including coordination of events that help bring patrons to the downtown. • Reported that Chamber of Commerce Director Neil Collins sent an email in support of Chacho's expansion. • Advised that she herself eats at Chacho's practically every other day. She doesn't personally frequent Cardiff but has tons of friends that do. • Said that having food available later at Chacho's is beneficial also for Cardiff patrons so they can eat before they drive. However, the two businesses, Chacho's and Cardiff, are separate. • Expressed appreciation to George Sanchez for all he does for the Downtown. • Stated that Chacho's is great for Downtown Campbell. Sergeant Rich Shipman, Campbell Police Department: • Said that Sergeant Cefalu is also present this evening. • Stated that Campbell Police Department has a good relationship with the business owners in Downtown Campbell. • Said that there is a swell of activity coming to Campbell from Santana Row after midnight. • Stated that extending operations at Chacho's to 3 a.m. could set off other restaurants in the Downtown to want to do the same including Katie Bloom's, The Spot, etc. Those added hours would extend demand for Police resources. • Provided some statistics. Between July 2010 and April 10, 2011, there were 650 night activities calls. Of those, 315 were for general Downtown clubs, restaurants Campbell Planning Commission Minutes for April 12, 2011 Page 10 and bars, many of which occur on Thursday, Friday and Saturday nights when there is a huge influx of patrons. • Agreed that Sam manages his locations well, both Cardiff and Chacho's. • Added that the PD has no objection to general liquor sales at Chacho's as long as alcohol sales stop at 11 p.m. • Stressed the importance of keeping this a restaurant. • Disagreed with Mr. Sanchez's comment that enforcement of alcohol sales belongs to ABC rather than PD. • Said that Campbell PD does not want to spend time with enforcement of alcohol sales hours. PD already deals with fairly intoxicated individuals in the Downtown. The PD is not supportive of an increase in the hours of alcohol sales, Chair Roseberry closed the Public Hearing for Agenda Item No. 2. Commissioner Ebner: • Said he has some problems with this. • Added that he is happy that Chacho's is both successful and popular but he has a problem with the late night hours proposed. • Stated that his concern is in setting precedent for other restaurants to seek extended hours. He does not want late hours at Chacho's to snowball to other restaurants and bars. This expansion will tax the Police Department's resources. • Said he does wish Chacho's well but he will not support late hours at all. Commissioner Gibbons: • Reported that she has participated in Police Department ride-alongs. • Said that Chacho's is a good business for the Downtown and having food available in the late hours provides a function. • Stated that 3 a.m. closure is too late and would set precedent. • Said she would like to add a condition to close off outdoor seating after 10 p.m. Chair Roseberry reminded that the staff recommendation includes curtailed hours from what the applicant is requesting. Commissioner Gibbons: • Said that she could be more flexible than the staff recommendation. Chair Roseberry cautioned that the permit that is issued runs with the property and not just this operator. It is always possible that the location could change ownership in the future. Commissioner Gibbons: • Said that she is fine with food service until 1 a.m. However, she would curtail alcohol sales at 11 p.m. • Added that if complaints are received, the hours could be curtailed further. Campbell Planning Commission Minutes for April 12, 2011 Page 11 Commissioner Reynolds: • Said he concurs with Commissioner Gibbons. • Added he too did aride-along with Campbell Police last year from 9 p.m. until 3 a.m. on a Saturday night. He saw the problems faced by PD. • Said that he doesn't think businesses should be held responsible for their patrons' behavior. • Said that Commissioner Gibbons has come to a middle ground on this request. • Suggested that eating tends to help people sober up. • Stated his support for later hours for food service but not for alcohol sales. He does support transitioning from a beer and wine license to a general liquor license. Commissioner Resnikoff: • Said he concurs as well that 3 a.m. does set precedence. • Stated his support for alcohol sales until 11 p.m. and for food service beyond that to 1 a.m. Commissioner Gibbons said that food sales and business hours would end at 1 a.m. and operational hours up to 2 a.m. to allow staff time to clean up after closing. Commissioner Reynolds reminded that the applicant had mentioned cleaning and maintenance services occurring after hours. Chair Roseberry: • Said he understands there is support to allow outdoor seating until 11 p.m.; alcohol sales ending at 11 p.m., food service and closure to the public at 1 a.m.; cleaning by staff until 2 a.m. • Added that if there are limits at other places in the downtown, they should apply here as well. • Stated that consistency is important. Commissioner Alster: • Said that she has been to Chacho's and is impressed. The food is progressively better. • Said that they seem to have a strict policy on their wine-based margaritas. No hard liquor came over from Cardiff's. • Said that she loves the idea of having table service on real plates as Chacho's plans to do as part of this expansion over their current use of plastic baskets with counter pick up by customers. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alster, the Planning Commission adopted Resolution No. 4019 approving a Conditional Use Permit (PLN2010-169) to allow the expansion of an existing restaurant (Chacho's Tacos) into an adjacent tenant space, a general on-sale liquor license and modification of late night operational hours on Campbell Planning Commission Minutes for April 12, 2011 Page 12 property located at 266 E. Campbell Avenue, with the following modifications: • Condition 6-G -Modify so that business hours are from 8 a.m. to 1 a.m. and operational hours from 7 a.m. to 2 a.m. with all employees off premises by 2 a.m.; • Modify Condition 6-J -Noise -adding that if substantiated noise complaints are received by the Community Development Director, all exterior doors and windows shall be closed by 10 p.m.; by the following roll call vote: AYES: Alster, Ebner, Gibbons, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: Brennan ABSTAIN: None Chair Roseberry advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Planning Manager Paul Kermoyan had no additions to the written report. ADJOURNMENT The Planning Commission meeting adjourned at 8:56 p.m. to the next Regular Planning Commission Meeting of April 26, 2011. SUBMITTED BY: APPROVED BY: ATTEST: oyan, Acting Secretary on hinn, Recording Secretary