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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: