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PC Min - 02/14/2012CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P. M. The Planning Commission meeting of February 14, 2012, was called to order at 7:35 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Alster and the following proceedings were had, to wit: FEBRUARY 14, 2012 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Theresa Alster Philip C. Reynolds, Jr. Brian Brennan Mark Ebner Elizabeth Gibbons Paul Resnikoff Bob Roseberry Commissioners Absent Staff Present: APPROVAL OF MINUTES None Community Development Director: Planning Manager: Assistant Planner: City Attorney: Recording Secretary: Kirk Heinrichs Paul Kermoyan Daniel Fama William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Resnikoff, seconded by Commissioner Gibbons, the Planning Commission minutes of the meeting of January 24, 2012, were approved with minor corrections to pages 4 and 7. (6-0-0-1; Commissioner Ebner abstained) Campbell Planning Commission Minutes for February 14, 2012 Page 2 COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Alster read Agenda Item No. 1 into the record as follows: 1. PLN2011-283 Public Hearing to consider the application of BCB. Inc., for a BCB, Inc. Conditional Use Permit and Administrative Planned Development Permit (PLN2011-283) for expansion of an existing bar and continuation of existing late-night operational hours for an existing bar (Khartoum Lounge) located at 300 Orchard City Drive, Suite 101. 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 applicant is seeking approval of a Conditional Use Permit and Administrative Planned Development Permit for a business located at 300 Orchard City Drive, between First Street and Railway Avenue (Khartoum Lounge) in a building known as Water Tower Plaza. • Stated that the zoning for the property is P-D (Planned Development) and the General Plan Land Use designation is Central Commercial. • Explained that the Conditional Use Permit would allow an "as built" game room and the maximum occupancy to increase from the current 140 to 145. • Added that the Administrative Planned Development Permit would allow the continuation of the existing late-night operational hours. • Said that the proposed business hours are between 11 a.m. and 2 a.m., Monday through Friday, and between 9:30 a.m. and 2 a.m. on Saturday and Sunday. Live entertainment hours are between 9 a.m. and 1 a.m., Wednesday through Saturday, which complies with other Live Entertainment Permits in the Downtown. • Stated that the new game room is situated off the north side of the bar, connected to the main lounge. It consists of a secondary bar and games including a pool table, shuffleboard and darts. Campbell Planning Commission Minutes for February 14, 2012 Page 3 • Explained the criteria used to evaluate whether to allow such uses as including a finding that the use provides a balance between daytime and evening uses; offers something to the broader public; is considerate to surrounding neighborhoods; and compliments Campbell's small town image. • Reported that the City adopted a Downtown Alcohol Policy in 2009 to establish guidelines to reach consistency with the goals and objectives for the Downtown. This policy was amended in 2011 to allow expansion of existing establishments if such expansion is found to not be detrimental to the health, safety and welfare of the community. • Stated that staff has looked at compliance of this proposal against the City's Zoning Code as land uses are allowed if they can be found to be consistent with the General Plan. • Added that a bar equals a liquor establishment. Liquor establishments are allowed in the Downtown with issuance of a Conditional Use Permit. • Advised that typically just an Administrative Planned Development Permit would be required for this location except with alcohol service, which must come before the Planning Commission. This site is currently non-conforming due to a lack of a Use Permit. Additionally, any expansion requires a Use Permit. • Said that specific findings are required including findings that there is not an over- concentration; that it would not create a nuisance and would not create an increase in demand for services. • Explained that any uses occurring after 11 p.m. or prior to 6 a.m. also require a Conditional Use Permit. • Reported that this request represents a minor increase that does not create an intensification of use. • Said that the Police Department had no issue with this proposal and sees no impact to calls for service. Khartoum is considered one of the better operations in Downtown. • Concluded that staff believes this request satisfies the required findings and recommended the adoption of a resolution approving both a Conditional Use Permit and Administrative Planned Development Permit. • Pointed to a typographical error on Finding 14 on Attachment 1. What reads as 1:30 a.m. under operating hours should actually read as 2:00 a.m. Commissioner Ebner asked staff what the public noticing radius was for this application. Planner Daniel Fama replied 300 feet. Commissioner Ebner stated that this application should have been noticed further out due to the number of complaints from nearby residents to the Downtown. Planner Daniel Fama advised that the leaders of the nearby Downtown Neighborhood Association as well as the Downtown Campbell Business Association were also noticed of this hearing. Campbell Planning Commission Minutes for February 14, 2012 Page 4 Commissioner Ebner asked how long the non-permitted expansion has been in operation. Planner Daniel Fama said per Attachment 5 it was installed in September 2010. Commissioner Gibbons said that it appears to have slipped under the radar although there was a big push for compliance when the Ordinance requirement was established for Use Permits for existing late-night uses was enacted. Planner Daniel Fama explained that at the time of Ordinance adoption notices were sent to existing establishments. However, enforcement today is complaint based. Commissioner Roseberry asked about the occupancy and whether it is based upon square footage. Planner Daniel Fama explained that the proposed occupancy was based on square footage as determined by the project architect. The occupancy load is listed on a wall sign in the building. He added that rooms would have to be posted with maximum occupancy for each space. Director Kirk Heinrichs added that the applicant is asking for occupancy of 145. He added that the occupancy allowed under Building Code requirements is different and usually considerably higher. He added that whatever occupancy the Planning Commission approves is overriding everything else. Commissioner Roseberry pointed out that the applicant is proposing 20 to 25 people in the one room (game room) and that seems to be a lot. Commissioner Gibbons: • Said that occupancy calculations depend upon how the Building Official reviews the building. • Stated that one method of calculation is 1 occupant per 7 square feet of space if the furniture is moveable. The ratio of one occupant per 15 square feet is used in other cases. Planner Daniel Fama advised that the applicant would have to get a Building permit to legalize the room. Commissioner Roseberry asked for clarification that occupancy would be no greater than what is approved by the Commission. Planner Daniel Fama agreed. Chair Alster opened the Public Hearing for Agenda Item No. 1. Mr. Don Elway, Resident on Shady Dale Avenue: • Advised that he owns a rental property at Spruce & Everett and as such got the public hearing notice for tonight's hearing. Campbell Planning Commission Minutes for February 14, 2012 Page 5 • Added that he has been reassured this evening that this location was simply being brought to Code requirements. • Stated that his chief concern is what happens when people leave the Downtown bars to go home. • Explained that he still gets calls from his tenants with neighborhood issues from late-night patrons including drunks urinating into landscaping, etc. • Assured that he is not concerned with this business itself but just what the City is doing to keep nearby residents happy and able to sleep at night. • Recounted that for a time his tenant needed to wear headphones in order to sleep at night. • Reported that these conditions affect his property values. Again, it is not this bar itself but rather what happens when people leave to go home. Commissioner Ebner asked Mr. Elway how long he has lived in his home. Mr. Don Elway said 22 years. Commissioner Ebner asked if problems are worse with extended hours. Mr. Don Elway clarified that he lives over by Pruneyard but owns a rental near the Downtown. Commissioner Ebner asked if tenant calls have increased. Mr. Don Elway: • Said that tenant complaints increased greatly over the last couple of years. • Stated that the tenant concerns are noise and the fact that windows would rattle. • Admitted that it seems to be better more recently but the actions of people leaving the Downtown at night often adversely impacts the surrounding neighborhood. It's not always pleasant. Mr. Derek Austin, Applicant: • Introduced himself as the attorney for Jeff Brigham, owner of this business who died last year. • Thanked the Commission for its time tonight and Planner Daniel Fama who explained the process very well. • Said he wanted to offer clarifications as to occupancy as indicated in Khartoum's. • Advised that Jeff Brigham had developed the occupancy load together with the Fire Marshal about eight years ago. That's where the posting came from. • Reminded that they are not seeking an extension in operational hours. The hours proposed are the existing hours. • Suggested that the longer they keep guests on site, the safer it is. • Pointed out that the occupancy load increase would just be five and they have checked that proposed number with the Fire Marshal. • Reported that Mr. Brigham had leased the building for 30 years and had thought he could do the small expansion of a game room without a problem. Campbell Planning Commission Minutes for February 14, 2012 Page 6 Commissioner Brennan asked Mr. Derek Austin when alcohol sales are cut off. Mr. Derek Austin said 1:30 a.m. Chair Alster closed the Public Hearing for Agenda Item No. 1. Commissioner Gibbons: • Said that this is a, long-standing and good business in the community. • Stated that she has no problem with the application as it stands. • Advised that she would like to discuss a couple of points. • Pointed out that the Conditional Use Permit goes with the property and not the business owner. This is a tenant and not the building owner. • Said that the Downtown Alcohol Policy must be considered when setting conditions of approval for a use. • Suggested the inclusion of what have been standard conditions of approval dealing with noise with recent past Downtown locations with late hours. • Reminded that the hours of operation, per the Downtown Alcohol Policy allows up to midnight. The Director has the ability to cut hours back if problems come up. That has become a standard condition. • Stated the importance of conditioning the maximum occupancy. The approved occupancy load would trump whatever occupancy the Building Code might allow, which might be higher than what has been approved via the Use Permit. • Suggested modifying Condition 5(b) relating to hours of operation and the addition of the standard noise conditions. This includes the requirement that cleaning occur prior to 11 p.m. and that all doors of the business be kept closed. • Recommended that all of the standardized conditions be incorporated into this approval. Commissioner Ebner asked for clarification as to the hours. Commissioner Gibbons: • Said that the allowed hours are 9 a.m. to 12 a.m. with an extension to 2 a.m. possible under provisions of the Downtown Alcohol Policy through a Use Permit. • Added that based upon substantiated complaints, the Community Development Director could immediately revert hours back to 12 a.m. Commissioner Ebner pointed out that there have already been complaints and problems in the area. Commissioner Roseberry said he still questions how occupancy was calculated and does not know why the actual allowable occupancy standard is not known. Director Kirk Heinrichs: • Said that the occupancy number of 145 requested by the applicant is based on a business decision taking into consideration available parking, exiting, etc. • Added that the seating allowance established through a Conditional Use Permit can be lower than the Fire Marshal might allow. Campbell Planning Commission Minutes for February 14, 2012 Page 7 • Stated that Commissioner Gibbons made a good point as the occupancy number could be changed by the Building Official but the final occupancy allowed for this location will not exceed what the Building Code allows. Commissioner Reynolds questioned the condition that allows the Director to scale back hours of operation. Doesn't the Planning Commission have that authority? Director Kirk Heinrichs: • Said that this is a common condition of approval. In the event that there are problems or complaints, the Director can scale back the hours and bring the Use Permit back to the Planning Commission for further review. • Added that Commissioner Gibbons is simply suggesting applying that condition of approval to this project. This would allow the use to operate until 2 a.m. with the ability to scale back if it becomes necessary. Commissioner Reynolds pointed out that there is already a noise condition included that allows the Director to modify hours upon verified complaints. Director Kirk Heinrichs explained that Commissioner Gibbons is making very specific recommendation of what hours would be if modified by the Director if it became necessary. Commissioner Reynolds reminded that the Police Department is supportive of this request. Director Kirk Heinrichs agreed that this business is not seen as a problem. Commissioner Reynolds asked for verification on the proposed occupancy versus the existing occupancy of 140. Director Kirk Heinrichs said that the Commission can set the occupancy. Commissioner Ebner suggested that issues that might need to be considered in the occupancy allowed for this use include the fact that there are two entryways with large queuing lines, lots of people in the covered patio area as well as in the parking lot. Is that number taken into account? Director Kirk Heinrichs said that the occupancy is based just on the building interior. Commissioner Gibbons: • Said that this has been a very good discussion to have and offers the opportunity to be consistent. • Reported that in the past, projects have been approved that later deviated from the approved conditions. • Stated that this is a good applicant and business. Campbell Planning Commission Minutes for February 14, 2012 Page 8 Commissioner Reynolds: • Said that he can support the project and Commissioner Gibbons proposed conditions of approval. • Reminded that the approval must be reflective of the property itself and not a specific business or owner. The business could be sold at any time. • Added that this particular business is held in high regard and no one is here this evening to complain about it except for the general concerns raised by one property owner about impacts to surrounding residential uses. • Stated that responsibility for complaints must be shared by all businesses in the Downtown. • Said he could support this project with the modified conditions. Commissioner Brennan said he wanted to be clear about Commissioner Gibbons' proposal and whether there are any other specific components of the Downtown Alcohol Policy to add here. Commissioner Gibbons reiterated that consistency with the Downtown Alcohol Policy allows a Downtown business with alcohol sales to operate until midnight or 2 a.m. with an approved Conditional Use Permit. If there is a problem in the future, there is a mechanism in place that allows the Director to withdraw the extended hours and bring the Use Permit back to the Planning Commission for further review. Commissioner Ebner pointed out that the problem in the past has been enforcement. He added that enforcement is complaint driven. Commissioner Resnikoff: • Reminded that the existing hours of operation are already 2 a.m. • Said that he would like to support this application as it does not represent a significant change of use. • Added that he doesn't see the need to specify the hours the Director can revert back to based upon complaint but he won't stand against that condition if the motion made includes it. He said he was not sure it was necessary. Commissioner Roseberry agreed that there is already a mechanism in place with or without including specific times in the conditions. Commissioner Resnikoff said he does not want to impact the hours today as he doesn't think there is a reason to do so. Commissioner Gibbons: • Stated that staff just provided her with a copy of the Downtown Alcohol Policy. • Said that per the policy, live entertainment is not allowed past 11 p.m. Closing is no later than 12 a.m. With the discretion of the Planning Commission and/or City Council, hours can be extended to 2 a.m. • Added that this location currently has live entertainment to 1 a.m. Campbell Planning Commission Minutes for February 14, 2012 Page 9 Commissioner Ebner: • Said that part of the City's problem is that with the limited Police resources this cannot effectively be enforced. • Said that there are already unhappy residents nearby and the City is responsible to its residents. Commissioner Alster reminded that Mr. Elway indicated this evening that his tenants have seen some improvement lately including the fact that one tenant no longer needs to wear headphones in order to sleep. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No. 4046 approving a Conditional Use Permit and Administrative Planned Development Permit (PLN2011-283) for expansion of an existing bar and continuation of existing late- night operational hours for an existing bar (Khartoum Lounge) located at 300 Orchard City Drive, Suite 101, subject to conditions of approval as amended, • Modify Condition 5(b) for consistency with the Downtown Alcohol Policy, adopted on October 4, 2011); • Business hours from 11 a.m. to 12 a.m. with additional hours from 12 a.m. to 2 a.m. (Monday through Friday); • Business hours from 9:30 a.m. to 12 a.m. with additional hours from 12 a.m. to 2 a.m. (Saturday and Sunday); and • Adding the standard noise conditions including the restriction that all trash/recycling dumping occur no later than 11 p.m.; by the following roll call vote: AYES: Alster, Brennan, Ebner, Gibbons, Resnikoff, Reynolds and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Alster advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Kirk Heinrichs offered the following update to the written director's report: • Reminded that any Commissioner interested in attending the March Planners Institute should notify staff by February 16tH Commissioner Roseberry asked staff to include the standard conditions of approval to achieve consistency with the Downtown Alcohol Policy with future applications prior to public hearing. Campbell Planning Commission Minutes for February 14, 2012 Page 10 ADJOURNMENT The Planning Commission meeting adjourned at 8:32 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of February 28, 2012. SUBMITTED BY: Corinne Shinn, Recording Secretary ~/~l,liGt-mss A~~ROVED 6Y: <:~i ' .... Theresa Alster, Chair ATTEST: K' k Heinri hs, Secretary