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PC Min - 12/12/2006 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY DECEMBER 12, 2006 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of December 12, 2006, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Alderete and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Bob Alderete Michael Rocha George Doorley Mark Ebner Tom Francois Elizabeth Gibbons Bob Roseberry Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner I: City Attorney: Recording Secretary: Sharon Fierro Jackie C. Young Lind Tim J. Haley Steve Prosser William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Rocha, the Planning Commission minutes of the meeting of November 28, 2006, were approved. (6-0-0-1 ; Commissioner Ebner abstained) Campbell Planning Commission Minutes for December 12, 2006 Page 2 COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS Mayor Dan Furtado: . Said that they have entered into the new Council cycle and that he looks forward to next year. . Thanked the Commission members for their exceptional service. . Said that this Commission is sensitive to public concern. . Added that Campbell is a wonderful city and this Commission helps make it that way. . Advised that he participates as an Executive Board Member for ABAG (Association of Bay Area Government), which represents nine counties around the San Francisco Bay Area that includes 101 cities. . Said that ABAG has prepared Projections 2007 that covers a 30 year period and is updated annually. . Offered some data from Projections 2007 as follows: o Population: The population in the Bay Area is expected to increase from 7 to 9 million in that 30 year period. The population in Santa Clara County is 1.7 million now and is expected to increase to 2.3 million in that 30 year period. o Households: The number of households in the Bay Area is expected to increase from the current 2.5 million to 3.3 million. The increase in number of households in Santa Clara County is expected to increase from the current 600,000 to 800,000. o Emplovment/Jobs: The number of jobs is expected to increase from the current 3.4 million to 5.2 million. In Santa Clara County, the number is expected to increase from the current 873,000 to 1.3 million, which is an increase of 500,000 jobs. . Said that the Regional Housing Needs Assessment will be prepared for the period between 2007 & 2014. This Regional Housing Needs Assessment plans for the housing numbers required for the region. The planning process has begun and Director Sharon Fierro is serving on the Technical Advisory Committee. The previous assessment projected for Campbell was 777. . Informed that a Study Session would be held in the future on this subject. . Thanked the Commission and wished them a wonderful holiday season and stated he looks forward to working together next year. *** Campbell Planning Commission Minutes for December 12, 2006 Page 3 PUBLIC HEARINGS Chair Alderete read Agenda Item No. 1 into the record as follows: 1. PLN2006-86 Hamlin, J. Public Hearing to consider the application of Mr. John Hamlin for a Site and Architectural Review Permit (PLN2006-86) to review a revised proposal to allow a residential addition in the San Tomas Area Neighborhood on property owned by Mr. John Hamlin located at 1550 Archer Court in an R-1-6 (Single Family Residential) 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: Tim J. Haley, Associate Planner Note: This request was denied by the Planning Commission on September 12, 2006, and appealed to Council on November 6, 2006. Council has referred it back to the Planning Commission for further consideration of a revised design. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Reported that this application was originally before the Planning Commission in September 2006 for a residential addition that exceeded .45 FAR. . Reminded that the Commission denied that request and the applicant subsequently appealed that decision to Council. At the November 6th Council meeting, the applicant offered revisions to his plan to address concerns raised. As a result, Council redirected this back to the Planning Commission for further consideration. . Said that this application was once again noticed to the neighbors. . Explained that the revised plans depicts changes that include the removal of the second story balcony/screened porch, use of higher windows or privacy glass on the rear elevation and use of lap siding on the second floor. The current FAR is .49. . Said that the application went before SARC. . Stated that staff is recommending approval. Commissioner Rocha presented the Site and Architectural Review Committee report as follows: . SARC reviewed this proposal at is meeting on November 28, 2006, and forwarded no recommendation. . Acknowledged that the applicant made a number of changes including eliminating a balcony. . Commended the applicant for his efforts. Chair Alderete opened the Public Hearing for Agenda Item No.1. Campbell Planning Commission Minutes for December 12, 2006 Page 4 Ms. Joanne Fairbanks. 1565 Hacienda Avenue, Campbell: . Said that her home is one of 57 original homes located in the development as well as this applicant's. . Distributed a copy of her prepared comments. . Displayed a copy of the site plan and explained that she had walked through the neighborhood area and identified three homes (A, B & C) where two-story additions were added to previously single-story homes. Two other homes (E & F) had additions that were single-story on Archer Court. . Requested that the Commission either reschedule this request to allow Mr. Hamlin the opportunity to mitigate her concerns or that the Commission deny this request outright. . Said that her major reasons for opposition to this addition are privacy concerns that have not been fully addressed. . Provided photographs that she had taken. Photos numbered 1 to 4 represent the low-density neighborhood character. Three photos (A, B & C) are at Fawn/Westmont, Fawn Drive and Archer/Fawn and these are two-story additions. . Said that Photos 17 and 18 shows that privacy, sun nor sky was considered in the design of those three two-story additions. The provide examples of homes that should be avoided at all cost. . Added that there are additional examples where two-stories have been built where the neighbors pay the cost for second story expansions with loss of sun, sky or privacy. . Pointed out that on Archer Court there have been two single-story additions where there were no impacts to surrounding neighbors. . Displayed a photograph from her backyard toward the proposed area where Mr. Hamlin's second story would be located. She expressed appreciation for her current view and concern over losing that view. . Added that if this project were to be approved as it stands now, she would lose total privacy, which is currently about 90 percent right now. . Stated that she does not want to pay the cost of this addition through a loss in privacy. . Opined that this house can expand without going to a second story. . Said that denying this request will protect the character of the San Thomas Area Neighborhood and result in her loss of privacy and enjoyment of her rear yard. Chair Alderete asked Ms. Joanne Fairbanks if she can identify the author of the letter she provided this evening. Ms. Joanne Fairbanks replied no, the letter had been provided anonymously. She added that she removed one paragraph that was laying blame on someone as she felt that that paragraph was negative and not appropriate or necessary to the issue. Campbell Planning Commission Minutes for December 12, 2006 Page 5 Chair Alderete asked Ms. Joanne Fairbanks if her position is that she is most interested in seeing a one-story versus two-story expansion. Ms. Joanne Fairbanks: . Replied yes. . Said that she does not want any lessening in the enjoyment and comfort of her own home as a result of this addition. . Advised that she has previously served as a member of the Campbell Planning Commission for eight years. . Said that she has come to the point that this addition is not harmonious to the development of this neighborhood. . Said that the Commission has the opportunity to be more careful about the cost of privacy and enjoyment for those who are there now. Mr. Jim Ortbal, 1540 Archer Court: . Said that he is the immediate next door neighbor and likely to be the most affected. . Said that he fully supports John Hamlin and the staff recommendation. . Pointed out that this neighborhood is upgrading and this will increase property values. . Said that Mr. Hamlin has been his neighbor for 30 years and is an excellent neighbor. . Added that Mr. Hamlin went over the plans in detail. . Said that he hopes this addition inspires others as well. . Pointed out that Mr. Hamlin plans to provide a home for his elderly mother and that an addition such as this one results in keeping families together, which is an important value. . Said that Mr. Hamlin has tried to be respectful and deserves this opportunity to expand his home to meet his family's needs. Mr. Bill Topolski, 1545 W. Hacienda Avenue: . Expressed support for this request. . Said that he is the back neighbor. . Stated that this addition will bring this home to parity with other homes in the neighborhood and that there is nothing wrong with a two-story home. . Said he wished the City would look at setbacks more than FAR. . Declared that he is totally in favor of this proposal and that he is the most directly involved since his home is directly behind the Hamlin home. . Said that Mr. Hamlin has done all he can to limit impacts. Mr. John Hamlin, Applicant & Owner, 1550 Archer Court: . Said he is the applicant and he appreciates the opportunity to present his case. Campbell Planning Commission Minutes for December 12, 2006 Page 6 . Explained that he is trying to remodel his house and has a lot of strong neighbor support including eight letters from people living on Archer Court who support his project. . Said that the rear and next door neighbor are present and supportive this evening. A third neighbor who is also supportive was unable to make the meeting tonight. . Assured that his addition would not impact Ms. Joanne Fairbanks sun or views. . Said he took a photo from his house toward Ms. Joanne Fairbanks. . Said that this part of the San Tomas Area is unique. . Added that while some single-story additions have been done, his lot is not as large as those and his property could not accommodate a single-story addition that met his needs. . Assured that he respects the privacy of others and revised his plans. He has tried to propose something that works with the neighbors. Chair Alderete closed the Public Hearing for Agenda Item NO.1. Commissioner Roseberry: . Stated that Ms. Joanne Fairbanks was well prepared this evening. Her prior experience as a Commissioner shows. . Said that what is before the Commission is an FAR question. . Urged Ms. Joanne Fairbanks to get together with neighbors and organize to call for more restrictive requirements for that neighborhood. . Said that there must be a balance between those who do and do not want larger homes. Chair Alderete asked if the findings for the extended FAR can be met. He asked how that corresponds with architectural design and adjacent neighbors. Director Sharon Fierro said that both the findings for the expanded FAR as well as architectural compatibility must be considered. She added that there is no prohibition of two-story additions next to single-story homes and that this home has minimized the appearance by setting back the second story. Commissioner Doorley: . Stated that he is not opposed to a second story. If this house were proposed at .45 FAR, he could support a second story with attention to window placement. He has no problem at all in that situation. . Said that it is his understanding that there must be clear support and reason for allowing the FAR to exceed .45 up to .50. . Advised that he was not supportive previously but this applicant has put greater attention to views of neighbors and has more community support. . Added that he is not yet at a comfort level to exceed .45 and does not understand why this house cannot be .45 FAR. Campbell Planning Commission Minutes for December 12, 2006 Page 7 Commissioner Gibbons said that a remodel qualifies this property for consideration of a .50 FAR. She asked if the porch has been enclosed. Planner Tim J. Haley said that the balcony/covered porch is no longer part of the proposal. Commissioner Gibbons asked how the FAR number changed. Was there a deduction in square footage? Director Sharon Fierro, upon comparing the exhibit in the Commissioners' packet with that in the staff report, advised that the exhibit in the Commissioners' packet was inadvertently incorrect and did not property depict the changes to the plan including the elimination of that balcony. She assured that this feature has been removed from the second story. Chair Alderete re-opened the Public Hearing for Agenda Item No.1. Mr. John Hamlin assured that the balcony feature has been completely removed. He added that the recalculation to .49 was because it has been miscalculated at .50. This was determined at the SARC meeting where the project was calculated once again and the FAR number of .49 was reached. Chair Alderete re-c1osed the Public Hearing for Agenda Item No.1. Commissioner Rocha: . Explained that SARC tried to figure how the get this home to a .45 FAR but that it would result in a 248 square foot reduction representing an entire room. . Reminded that Mr. Hamlin wants his mother to be able to live in this house with his family while still being somewhat independent. . Stated that he would be supportive and pointed out that a real effort was made to make this project more palatable. Commissioner Francois: . Echoed the comments made by Commissioner Rocha. . Said that a remodel qualifies for consideration of a .50 FAR. . Said that the question is does this meet the criteria and he thinks that it does. . Stated that two-story homes are a fact of life in the San Tomas Area and they are allowed there. . Added that some people see two-story homes as an intrusion. . Recounted that he has a second home that is two-story surrounded by two- story homes and likes that fact. . Pointed out that Mr. Hamlin has the right to do this home and have his mom live with his family comfortably. . Said that this is a good project and that Mr. Hamlin has done what he could to meet the concerns raised. Campbell Planning Commission Minutes for December 12, 2006 Page 8 . Stated he would be supportive. Commissioner Gibbons: . Said that the issue of allowing .50 FAR was part of the discussion during the General Plan review and the Ordinance update. There are larger lots in this area. . Said that she likes the concept of allowing .50 FAR for an extension to a home but feels that the intent might be for a simple extension along existing lines. . Asked how this project relates to the ST ANP? Commissioner Roseberry: . Said that he is not sure he completely supports a .49 FAR. . Added that certain parts of this request speak to the required findings including the reduced massing and the porch element. . Pointed out that this is a small lot with the house forward on the lot. The two- story part is the smallest toward the rear of the structure and from the back and sides. This reduces the mass. Upon motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3784 granting a Site and Architectural Review Permit (PLN2006-86) to allow a residential addition in the San Tomas Area Neighborhood on property owned by Mr. John Hamlin located at 1550 Archer Court, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Motion: Alderete, Ebner, Francois and Rocha Doorley, Gibbons and Roseberry None None Chair Alderete advised that this action is final unless appealed in 10 calendar days. *** Chair Alderete read Agenda Item No.2 into the record as follows: 2. PLN2006-147 Cardoza, D. Public Hearing to consider the application of Mr. Dave Cardoza, on behalf of Express Rent A Car, for a Conditional Use Permit (PLN2006-147) to allow the establishment of an auto rental business (Express Rent A Car) in an existing light industrial building on property owned by Mr. Steven Cloud located at 2970 S. Winchester Boulevard in an M-1-S (Light Industrial) Zoning District. Staff is recommending that Campbell Planning Commission Minutes for December 12, 2006 Page 9 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: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of an auto rental business in conjunction with an existing auto repair business. . Described the tenant space as being 6,440 square feet with 4,830 square feet of the space used for auto repair and 1,610 square feet in Mezzanine space used for offices and storage. . Said that the Use Permit requires five parking spaces be designated for the car rental business. There are 30 spaces provided where 26 are required. . Stated that surrounding uses include auto repair to the north, plumbing supply business to the south, warehouses to the east and Winchester Boulevard to the west. The site is 5.3 acres and contains six buildings representing 40 percent lot coverage. The landscaping is minimal at approximately five percent. . Explained that this tenant space was previously occupied by Just Tires. . Recommended the adoption of a Resolution supporting approval of the Use Permit. . Reported that as there were no design issues, this item was not reviewed by SARC. Commissioner Rocha asked Planner Tim J. Haley if he is aware of the number of employees for this business. Planner Tim J. Haley replied no. Commissioner Rocha asked if the business activities would be completely within the building. Planner Tim J. Haley replied yes and added that a Condition requires that work be confined to within the building. Commissioner Rocha asked about signage. Planner Tim H. Haley said that additional signage might be placed on the building at a later date but is not a part of this application. Commissioner Rocha clarified that the five rental cars are for customers and/or members of the public. Commissioner Francois pointed out that Condition 6 addresses signage. Campbell Planning Commission Minutes for December 12, 2006 Page 10 Commissioner Gibbons asked about operation hours being between 7:30 a.m. and 5 p.m. with no one before or after those times or on Saturday or Sunday. Planner Tim J. Haley said that this is correct in conjunction with the auto rental use. However, the allowable business operational hours for auto repair throughout the City run from 6 a.m. to 11 p.m. Commissioner Rocha said that Condition 4 addresses operational hours. Commissioner Roseberry asked if five would be the maximum number of vehicles. Planner Tim J. Haley said that Condition 7 limits the number of rental vehicles to five. Director Sharon Fierro said that this can be clarified by modifying the approved project description in the Resolution (Condition 1). Chair Alderete opened the Public Hearing for Agenda Item No.2. Chair Alderete closed the Public Hearing for Agenda Item No.2. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3785 granting a Conditional Use Permit (PLN2006-147) to allow the establishment of an auto rental business (Express Rent A Car) in an existing light industrial building on property owned by Mr. Steven Cloud located at 2970 S. Winchester Boulevard, with the modified description on Condition 1 to include the maximum of five rental cars, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Alderete read Agenda Item No.3 into the record as follows: Campbell Planning Commission Minutes for December 12, 2006 Page 11 3. PLN2006-172 Albrecht, B. Public Hearing to consider the application of Ms. Brenda Albrecht, on behalf of Dolphin Pet Village, for a Conditional Use Permit (PLN2006-172) to allow the relocation of Dolphin Pet Village to an existing shopping center on property owned by Kirkorian Property Development located at 1770 W. Campbell Avenue in a C-1-S (Neighborhood 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: Steve Prosser, Planner I Mr. Steve Prosser, Planner I, presented the staff report as follows: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow the relocation of an existing pet store (Dolphin Pet Village) into an existing commercial building located on the south side of West Campbell Avenue within the Kirkwood Plaza Shopping Center. This tenant space was previously occupied by Kraegan's Auto Parts. . Described the surrounding uses as commercial to the east and west and residential to the north and south. . Stated that the General Plan Land Use designation is neighborhood commercial and the Zoning is C-1-S (Neighborhood Commercial). A pet store is allowed with a Conditional Use Permit. . Informed that no exterior changes are proposed. . Described the operational hours as 10 a.m. to 8 p.m., weekdays and 10 a.m. to 6 p.m. on weekends. . Said that a condition has been imposed requiring that the applicant obtain an Animal Establishment Permit to verify compliance with local and State requirements. . Said that no SARC review was required and this project is Categorically Exempt under CEQA. . Recommended approval of a Conditional Use Permit and advised that the applicant is available this evening. Commissioner Gibbons asked if the standard noise condition has been incorporated. Director Sharon Fierro advised that this condition was part of the original project approval and applies here. It can be added here too. Chair Alderete asked for clarification that no dogs or cats would be serviced or sold. Campbell Planning Commission Minutes for December 12, 2006 Page 12 Planner Steve Prosser replied correct. He reiterated that no dogs, cats or birds would be sold. However, reptiles are considered live animals. Commissioner Roseberry said that he thought Dolphin Pet Village also sold small animals as food for snakes. Planner Steve Prosser agreed that feeder animals are sold such as mice. Chair Alderete asked if this business was located here before. Planner Steve Prosser replied yes although in a different tenant space. Chair Alderete opened the Public Hearing for Agenda Item NO.3. Mr. Russ Gamble, Project Architect and Applicant's Representative: . Agreed that no dogs or cats are sole. . Said he was available for any questions or concerns. Commissioner Francois told Ms. Brenda Albrecht that he wanted to publicly thank her for having Dolphin Pet Village in Campbell. He has taken his grandchildren to visit there a number of times. Chair Alderete closed the Public Hearing for Agenda Item NO.3. Commissioner Rocha said that this center is a good example of a smart shared parking concept. There is no negative impact on parking. He said he applauds staff for that. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3786 granting a Conditional Use Permit (PLN2006-172) to allow the relocation of Dolphin Pet Village to an existing shopping center on property owned by Kirkorian Property Development located at 1770 W. Campbell Avenue, with the added standard Noise Impacts Condition of Approval, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Campbell Planning Commission Minutes for December 12, 2006 Page 13 Chair Alderete read Agenda Item No.4 into the record as follows: 4. PLN2006-174 Kim Public Hearing to consider the application of Kun Ak Kim and In Ok Kim for a Conditional Use Permit (PLN2006- 174) to allow an on-sale beer and wine license in conjunction with a new Japanese restaurant located in an existing commercial/retail building on property owned by Two-Forty Associates located at 330 E. Hamilton Avenue, Unit 7, in a C-2-S (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: Steve Prosser, Planner I Mr. Steve Prosser, Planner I, presented the staff report as follows: . Advised that the applicant is seeking approval of a Conditional Use Permit to allow on-sale beer and wine sales in conjunction with a Japanese restaurant located on the south side of East Hamilton Avenue. . Described the surrounding uses as office to the east and west, restaurant to the north and south. . Said that the Zoning is C-2-S (General Commercial). . Informed that a condition is imposed requiring the addition of an emergency exit to this space. . Reported that the proposed hours are 11 :30 a.m. to 2:30 p.m. for lunch and 5 to 10 p.m. daily for dinner. . Said that the parking required is one space for every three seats. This restaurant is proposing 60 seats requiring 20 parking spaces. . Added that the site consists of 82 spaces and 14 are allocated to this tenant space, which is one of seven tenant spaces in the center. Unit 1 is occupied by Starbucks and Unit 3 is occupied by Subway Sandwiches. The remaining four tenant spaces are currently vacant. . Said that there would be a five space parking deficiency if no more restaurants are established on this site after this proposed Japanese restaurant. . Stated that staff believes that it is warranted to allow 60 seats. The alternative would be to reduce the total seating by 18. . Said that the Police Department had no objections. . Recommended approval of this Conditional Use Permit. Commissioner Rocha said that 60 seats seemed like quite a few. Planner Steve Prosser said that the parking deficiency is six spaces, five when calculating for the entire building. He suggested that the rest of the tenant Campbell Planning Commission Minutes for December 12, 2006 Page 14 spaces not be restaurant uses. If more restaurant uses are allowed. they should be more of a take out variety with no on-site seating. Commissioner Roseberry asked if this new restaurant would have traditional tables and chairs or booths and/or banquets. Planner Steve Prosser replied tables and chairs. Chair Alderete opened the Public Hearing for Agenda Item No.4. Mr. Rick Anderson, Applicant's Representative: . Explained that his clients are not confident with their English. . Said he was available for any questions. Commissioner Rocha asked Mr. Rick Anderson how many employees this business would have. Mr. Rick Anderson replied four. Chair Alderete asked Mr. Rick Anderson whether a reduction in the maximum number of seats would adversely impact this restaurant. Mr. Rick Anderson said that it would indeed be a hardship. He said that it would be a better option to reduce other restaurant uses. He added that 60 seats is balanced and is not a lot in a 2,000 square foot space. Commissioner Gibbons: . Asked if anyone would be on site outside of the proposed business hours of 11 a.m. to 2 p.m. and 5 to 10 p.m.? . Added that operational hours are different from business hours. . Suggested amending Condition 17 to requiring cleanup to occur between the hours of 8 a.m. and 9 p.m. . Reminded that there had been lots of neighbor concerns regarding noise impacts in the past. Mr. Rick Anderson said this makes sense. Planner Steve Prosser said that he spoke with the applicant regarding hours and they are asking that employees be allowed to start work at 10 a.m. and with 10:30 p.m. being the end of all operations. Commissioner Gibbons expressed concern about any dumping of glass into the recycle container outside of 8 a.m. through 9 p.m. Commissioner Doorley said that it appears there is a new definition of operational hours developing over the last several months that didn't existing in this manner Campbell Planning Commission Minutes for December 12, 2006 Page 15 before. He clarified that open to the public hours does not necessary reflect all operational hours for a business. He said that this is something that needs to be looked into in the future. Commissioner Francois said that he totally agrees with Commissioner Doorley on that point. He pointed out that a business owner cannot simply show up and open for business immediately. Hours of operation should reflect the hours that a business is open to the public. Commissioner Doorley said that there have been very specific conditions imposed on this structure. Commissioner Gibbons said she agrees but does not see this information reflected in this staff report. Director Sharon Fierro said that during the Zoning Code Update, the consideration of reducing impacts of noise on the public was discussed. Hours of operation were extended to include all operations and activities on site and not just when a business is open to the public. Commissioner Doorley said that it might be beneficial to have applicants define their operations more broadly. Director Sharon Fierro said that Code allows business operations between 6 a.m. and 11 p.m. This raised questions by the Planning Commission who wanted hours to be more clearly defined for each use. Mr. Rick Anderson said it would be important for his clients to be allowed to come in earlier than opening to prepare. Chair Alderete said that the hours need to be spelled out. Director Sharon Fierro reiterated that allowed business operation hours are 6 a.m. to 11 p.m. but conditions can be imposed to limit activities such as trash disposal and carpet cleaning. Chair Alderete closed the Public Hearing for Agenda Item No.4. Commissioner Rocha pointed out that this is the extreme rear unit and a discussion on noise issues is very relevant. Chair Alderete said that when the Starbucks application came before the Commission the neighbor to the south came to that meeting. He added that he is concerned about the potential deficit in parking. Campbell Planning Commission Minutes for December 12, 2006 Page 16 Commissioner Roseberry said that he is not concerned that there will be an overflow parking problem. Commissioner Francois: . Reminded that this new Japanese restaurant will be closed for two and a half hours in the middle of the day (between 2:30 and 5 p.m.). . Agreed that parking would not be a big issue. . Said that there would be three tenants (including this one) of the seven that would be restaurant. However, Starbucks is a transit trade where people are not hanging around. . Stated that there is no problem here and this project will be fine. Chair Alderete said he agreed with Commissioner Francois but he wants the neighbors to know that the Commission is thinking about them. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3787 granting a Conditional Use Permit (PLN2006-174) to allow an on-sale beer and wine license in conjunction with a new Japanese restaurant located in an existing commercial/retail building on property owned by Two- Forty Associates located at 330 E. Hamilton Avenue, Unit 7, with no outside activities to be permitted after 10 p.m. and with added Condition 5, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Alderete advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** MISCELLANEOUS 4. Election of 2007 Chair and Vice Chair Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Roseberry, the Planning Commission elected Michael Rocha to serve as Planning Commission Chair for 2007, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry NOES: None ABSENT: None Campbell Planning Commission Minutes for December 12, 2006 Page 17 ABSTAIN: None Motion: NOES: ABSENT: ABSTAIN: Upon motion of Commissioner Francois, seconded by Commissioner Gibbons, the Planning Commission elected Bob Roseberry to serve as Planning Commission Vice Chair for 2007, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None *** 4. Cancellation of the Planning Commission Meeting of December 26, 2006. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission cancelled the Planning Commission meeting for December 26, 2006, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: . Stated that Council held its final meeting of the year on Monday, December 11th, at which time Dan Furtado was elected Mayor and Don Burr was elected Vice Mayor. Newly elected Council member Even Low was sworn into office. . Advised that Council also commended Russ Patterson for 30 years of service. Campbell Planning Commission Minutes for December 12, 2006 Page 18 ADJOURNMENT The Planning Commission meeting adjourned at 9:30 p.m. to the next Regular Planning commiSS~2007. SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: ATTEST: --