PC Min 08/24/2004
CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M.
TUESDAY
AUGUST 24, 2004
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of August 24,2004, was called to order at 7:30 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:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
George Doorley
Bob Alderete
Tom Francois
Joseph D. Hernandez
Michael Rocha
Bob Roseberry
Commissioners Absent:
Vice Chair:
Elizabeth Gibbons
Staff Present:
Community
Development Director:
Associate Planner:
City Attorney
Recording Secretary:
Sharon Fierro
Tim J. Haley
William Seligmann
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Francois, seconded by Commissioner
Hernandez, the Planning Commission minutes of August 10, 2004, were
approved as submitted. (5-0-1-1; Commissioner Gibbons was absent and
Commissioner Rocha abstained)
COMMUNICATIONS
There were no communications items.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no modifications or postponements.
ORAL REQUESTS
There were no oral requests.
Planning Commission Minutes of August 24, 2004
Page 2
***
PUBLIC HEARING
Chair Doorley read Agenda Item No. I into the record.
1. PLN2004-65
A-Elyacy, N.
Continued Public Hearing (from the Planning Commission meeting of
August 10, 2004) to consider the application of Mr. Nasir A-Elyacy
for a Site and Architectural Review Permit (PLN2004-65) for a new
single-family residence on property owned by Mr. Nasir A-Elyacy
located at 475 Waldo Road in an R-l-lO (Single Family Residential)
Zoning District. Staff is recommending that this project be deemed
Categorically Exempt under CEQA. Planning Commission decision
final, unless appealed in writing to the City Clerk within 10 days.
Project Planner: Tim 1. Haley, Associate Planner.
Mr. Tim J. Haley, Associate Planner, presented the staffreport as follows:
· Advised that the applicant is seeking a Site and Architectural Review Permit for a new
two-story 3,728 square foot residence on property located at 475 Waldo Road, which
replaces the previous 2, I 00 square foot residence on this parcel.
· Described the zoning as R-l-1 O.
· Explained that the proposal complies with the requirements of the San Tomas Area
Neighborhood Plan and was reviewed by SARC at two meetings held on July 2ih and
August 24th.
· Stated that this application is Categorically Exempt under CEQA.
· Recommended approval.
Commissioner Roseberry presented the Site and Architectural Review Committee Permit
report as follows:
· SARC reviewed this project at meetings held on July 2ih and August 24th.
· Explained that at the July meeting, SARC had comments on the proposed roofline and
amount of pavement in the front yard. By the August 24th meeting, these issues had been
addressed.
· Stated that SARC is in support of the project per plan set page 3-B and recommends
approval.
Commissioner Hernandez asked if the density of this project would be greater than the
previous density.
Associate Planner Tim J. Haley replied that the density is not changing. This is an existing
legal non-conforming property.
Chair Doorley opened the Public Hearing for Agenda Item No 1.
Ms. Meg Stein, 1203 Hazel Avenue, Campbell:
· Identified herself as the Liaison from the San Tomas Neighborhood Association.
· Said that she drove by the site.
· Stated that the project meets the guidelines of the San Tomas Area Neighborhood Plan.
Planning Commission Minutes of August 24, 2004
Page 3
. Said that neighbors raised no objections.
· Stated that this project is fine.
Chair Doorley closed the Public Hearing for Agenda Item No.1.
Motion:
Upon motion of Commissioner Rocha, seconded by Commissioner
Hernandez, the Planning Commission Adopted Resolution No. 3580
approving a Site and Architectural Review Permit (PLN2004-65) for a new
single-family residence on property owned by Mr. Nasir A-Elyacy located
at 475 Waldo Road and found this project to be Categorically Exempt
under CEQA, by the following roll call vote:
AYES: Alderete, Doorley, Francois, Hernandez, Rocha and Roseberry
NOES: None
ABSENT: Gibbons
ABSTAIN: None
Chair Doorley advised that this action is final unless appealed in writing to the City Clerk
within 10 days.
***
Chair Doorley read Agenda Item No.2 into the record.
2. PLN2004-93
Jones, Z.
Public Hearing to consider the application of Mr. Zeden Jones, on
behalf of Starbuck's Coffee Company, for a Modification (PLN2004-
93) to a previously-approved Conditional Use Permit (UP 95-18) to
allow early morning activities within an existing coffee shop and café
on property owned by Kirkorian Development located at 1820 W.
Campbell Avenue, Suite B, in a C-I-S (Neighborhood Commercial)
Zoning District. Staff is recommending that this project be deemed
Categorically Exempt under CEQA. Planning Commission decision
final, unless appealed in writing to the City Clerk within 10 calendar
days. Project Planner: Melinda Denis, Planner I
Director Sharon Fierro presented the staff report as follows:
· Advised that the applicant seeks approval of a Modification to an existing Conditional Use
Permit for operational hours.
· Described the project site as being adjacent to the Kirkwood Animal Hospital. The
surrounding uses include single-family residences to the north, multi-family residential to
the south and commercial to the east and west.
· Advised that the Planning Commission originally granted a Conditional Use Permit for this
location in 1995 (UP 95-18). The current request is to modify the conditions of approval
for operational hours to allow early morning hours. The applicant proposes to open for
staff preparation at 4:30 a.m. and to open for the public at 5 a.m. The store will close to the
public at 10 p.m. and staff would clean until 10:30 p.m.
· Pointed out that a condition of approval to deal with any potential noise complaints has
been included that allows the Community Development Director to immediately alter hours
of operation and schedule the Use Permit for review by the Planning Commission.
Planning Commission Minutes of August 24, 2004
Page 4
. Said that the project applicant is in the audience.
Commissioner Hernandez asked about the operational hours for the previous tenant of this site
Barda's.
Mr. Zeden Jones, Starbucks Coffee Company:
· Reported that the operational hours for Barda's used to be from 6 a.m. to midnight.
Commissioner Hernandez asked if there is any record of noise complaints from this use.
Director Sharon Fierro replied no, adding that staff received one call from a neighbor who
received the public hearing notice. Once that person learned that the operational hour changes
were for early morning, that person had no problem.
Commissioner Roseberry asked staff if they knew the operational hours for The Right Stuff
gym.
Director Sharon Fierro replied no.
Commissioner Rocha pointed out that this site is actually well insulated from the nearby
residential uses and said that he can support this request.
Director Sharon Fierro advised that since there are no architectural changes, this project did not
get reviewed by SARC.
Chair Doorley opened the Public Hearing for Agenda Item No 2.
Mr. Zeden Jones, Applicant, Starbucks Coffee Company:
· Said that they would not have later hours. They plan to close by 9 p.m. at first.
· Pointed out that they have actually reduced the number of seats and the number of
operational hours from the previous owner's.
Chair Doorley closed the Public Hearing for Agenda Item No 2.
Motion:
Upon motion of Commissioner Hernandez, seconded by Commissioner
Alderete, the Planning Commission adopted Resolution 3581 approving a
Modification (PLN2004-93) to a previously approved Conditional Use
Permit (UP 95-18) to allow early morning activities within an existing
coffee shop and café on property owned by Kirkorian Development located
at 1820 W. Campbell Avenue, Suite B, and found this project to be
Categorically Exempt under CEQA, by the following roll call vote:
AYES: Alderete, Doorley, Francois, Hernandez, Rocha and Roseberry
NOES: None
ABSENT: Gibbons
ABSTAIN: None
***
Planning Commission Minutes of August 24, 2004
Page 5
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 there was no Council meeting on August 1 ih.
· Reported that the September 14th Planning Commission agenda consists of four items and
that a Study Session would be held immediately following that meeting for a 24-unit
residential development on Mozart. The Mozart project is on unincorporated parcels near
Los Gatos and a staff report and plans will be provided prior to the Study Session.
ADJOURNMENT
The Planning Commission meeting adjourned at 7:47 p.m. to the next Regular Planning
Commission Meeting of September 14, 2004.
SUBMITTED BY: ~ ~. ~
Corinne A. Shinn, Recording Secretary
APPROVED BY:
s;:;b~\
Geor Doorley, Chair
¿~cr~
ATTEST: