PC Min - 02/24/2009CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M.
FEBRUARY 24, 2009
CITY HALL COUNCIL CHAMBERS
TUESDAY
The Planning Commission meeting of February 24, 2009, was called to order at 7:30
p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair
Ebner and the following proceedings were had, to wit:
ROLL CALL
Commissioners Present: Chair: Mark Ebner
Vice Chair: Elizabeth Gibbons
Commissioner: Bob Alderete
Commissioner: Theresa Alster
Commissioner: Gary Gairaud
Commissioner: Michael Rocha
Commissioner: Bob Roseberry
Commissioners Absent: None
Staff Present: Interim CDD Director: Ciddy Wordell
Associate Planner: Steve Prosser
Assistant Planner: Daniel Fama
Planning Intern: Stephen Rose
City Attorney: William Seligmann
APPROVAL OF MINUTES
Motion: Upon motion of Commissioner Gibbons, seconded by
Commissioner Rocha, the Planning Commission minutes of the
meeting of February 10, 2009, were approved as submitted. (6-0-1-
1; Commissioner Alster was absent for the vote and
Commissioner Roseberry abstained)
COMMUNICATIONS
There were no communications items.
Campbell Planning Commission Minutes for February 24, 2009 Page 2
AGENDA MODIFICATIONS OR POSTPONEMENTS
Interim Director Ciddy Wordell advised that the applicant for Agenda Item No. 4 has
requested a continuance to the meeting on March 10, 2009.
ORAL REQUESTS
There were no oral requests.
***
PUBLIC HEARINGS
Chair Ebner read Agenda Item No. 1 into the record as follows:
1. PLN2009-10 Public Hearing to consider the application of Mr. Alireza Hirsa,
Hirsa, A. D.C., for a Conditional Use Permit (PLN2009-10) to allow a
medical (chiropractic) office on property owned by Ross-Green
Valley II located at 268 E. Hamilton Avenue, Suite A, 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: Stephen Rose, Planning Intern
Mr. Stephen Rose, Planning Intern, presented the staff report as follows:
• Advised that the applicant is seeking a Conditional Use Permit to allow the
establishment of a medical (chiropractic) use.
• Described the project site as being on the south side of E. Hamilton Avenue,
between Third Street and N. Central Avenue. The site is surrounded by
commercial uses to the north, east and west and by residences to the south.
• Added that the Zoning is C-2 (General Commercial), which allows medical office
uses with issuance of a Conditional Use Permit. The General Plan land use
designation is General Commercial.
• Said that the site consists of 4.43 acres. The building coverage is 55,909 square
feet. The tenant space consists of 726 square feet representing 1.3 percent of the
building area.
• Explained that 184 parking spaces are provided on site. The pro-rated share for
this tenant space is three. The parking requirement for this use is four parking
spaces. The Planning Commission has the authority to adjust parking if such an
adjustment could be found to be warranted.
• Said that that this use would consist of one full-time chiropractor. His proposed
hours of operation are between the hours of 7 a.m. through 10 p.m. daily. Staff is
recommending operational hours between 8 a.m. and 9 p.m. daily.
• Recommended that the Commission adopt a resolution approving this Conditional
Use Permit.
Campbell Planning Commission Minutes for February 24, 2009
Page 3
Commissioner Gibbons asked if there is any record of how many uses on this site are
deficient in parking. Is there a collective shortfall?
Planner Stephen Rose replied no.
Commissioner Gibbons said that this issue might need to be discussed later.
Chair Ebner opened the Public Hearing for Agenda Item No. 1.
Chair Ebner closed the Public Hearing for Agenda Item No. 1.
Motion: Upon motion of Commissioner Rocha, seconded by Commissioner
Gairaud, the Planning Commission adopted Resolution No. 3935
approving a Conditional Use Permit (PLN2009-10) to allow a medical
(chiropractic) office on property owned by Ross-Green Valley II
located at 268 E. Hamilton Avenue, Suite A, by the following roll call
vote:
AYES: Alderete, Alster, Ebner, Gairaud, Gibbons, Rocha and
Roseberry
NOES: None
ABSENT: None
ABSTAIN: None
Chair Ebner advised that this action is final unless appealed in writing to the City Clerk
within 10 calendar days.
***
Chair Ebner read Agenda Item No. 2 into the record as follows:
2. PLN2009-01 Public Hearing to consider the application of Mr. Mike
Callahan, M. Callahan for a Conditional Use Permit (PLN2009-01) to a
martial arts (Taekwondo) studio in an existing retail center on
property owned by Callahan/Mortin Trust located at 2020 S.
Bascom Avenue, 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: Stephen Rose, Planning
Intern
Mr. Stephen Rose, Planning Intern, presented the staff report as follows:
• Reported that the project site is located on the southeast corner of Bascom and
Campbell Avenues. It is surrounded by commercial uses to the north, south and
west and residential uses to the east.
Campbell Planning Commission Minutes for February 24, 2009 Page 4
• Said that the zoning for the site is C-2 (General Commercial) and the General Plan
land use designation is General Commercial. A commercial school is allowed in
this zoning district with issuance of a Conditional Use Permit.
• Stated that the tenant space consists of 1,034 square feet or seven percent of the
building area.
• Added that site parking includes 77 spaces. The pro-rated share for this tenant
space is four spaces. The use requires 15 spaces. However, the Planning
Commission has the authority to adjust parking if appropriate. Staff feels that the
parking adjustment is warranted due to the shared parking concept and the fact
that the youth clientele of this business are non-drivers. Additionally, there are
distinct and different use periods of the proposed use with the majority of the tenant
space.
• Said that the operation includes one-hour classes with between 10 and 15
students.
• Stated that the studio would only operate two hours (between 3 and 5 p.m.,
Monday through Friday) when the great majority of other uses are in operation.
• Advised that as a condition of approval, classes shall be staggered with 15-minute
separations with a limit of one class or testing operation at any given time. There
shall be no greater than 15 students at a time.
• Informed that if a substantiated complaint is received, the Community Development
Director can immediately revise hours and bring the Use Permit back to the
Planning Commission for reconsideration.
• Recommended approval.
Commissioner Gibbons thanked staff for responding to the questions she raised
earlier. Asked if this site is one parcel or two.
Planner Stephen Rose said it was a single parcel.
Commissioner Gibbons asked if there are existing parking deficiencies on site.
Planner Stephen Rose said that the total parking provided is 77 spaces where 87.2
spaces are required.
Commissioner Gibbons pointed out that with the need for 15 to support this Use Permit
this applicant is creating the deficit of 11 spaces.
Planner Stephen Rose replied correct.
Commissioner Gibbons advised that she went and counted parking spaces on site and
they didn't match the plan. She asked for verification that staff did its count using an
aerial photograph of the site.
Planner Stephen Rose replied correct.
Campbell Planning Commission Minutes for February 24, 2009 Page 5
Commissioner Gibbons said that by her count there are one or two fewer spaces and
another space has a dumpster sitting on it.
Planner Stephen Rose said that the site plan deficiency is three spaces when
compared to the aerial.
Chair Ebner opened the Public Hearing for Agenda Item No. 2.
Mr. Ryan Callahan, Applicant:
• Said that he is the property owner.
• Stated that he agreed with the staff recommendations.
• Added that he is available for any questions.
Commissioner Alderete thanked Mr. Ryan Callahan for coming. He asked about the
white recycling dumpster that appears to be free-floating on the site. Is there a place
where it should go?
Mr. Ryan Callahan said that it should be stored in the dumpster corral. He assured
that this is something that they could look at and corrected.
Commissioner Alderete mentioned some graffiti he saw on the building during his site
visit.
Mr. Ryan Callahan agreed saying he had stopped by the property before this evening's
meeting and saw that. He advised that this graffiti would be taken care of.
Chair Ebner closed the Public Hearing for Agenda Item No. 2.
Commissioner Alderete:
• Reported that he had forwarded a question to staff about the conditions for this
application that would cover one of the unique things about this use to support a
parking deficiency -the young age of its customers.
• Asked if the findings and/or conditions were modified to address this.
• Reminded that this Use Permit approval runs with the property.
• Added that it could become a real issue if a different martial arts operator were to
take over this space with adult clients.
Interim Director Ciddy Wordell pointed to the desk item distributed this evening for this
item, which provided revised conditions.
Commissioner Gibbons:
• Said that this project review raises a problem with her.
• Reminded that the Commission has approved lots of Conditional Use Permits over
the last few years.
• Reiterated that the Use Permit approval goes with the property.
Campbell Planning Commission Minutes for February 24, 2009 Page 6
• Stated that when a condition of approval restrains a use, enforcement is a huge
problem and there is often no way to enforce those restrictions. Many times the
operator does anything that they want to do.
• Concluded that she is more cautious with any liberal uses within a Conditional Use
Permit.
• Said that parking and safety are major considerations.
• Said that when doing a Conditional Use Permit with a parking deficiency she is
combining two things -the use does not quite blend in and there is parking to
consider.
• Reiterated her issues as: enforcement of restrictions; the fact that the Use Permit
goes with the property; and the parking deficiencies.
• Expressed appreciation for the parking table provided by staff. While there is a lot
of parking there is still a deficiency of 11 spaces, which represents a 15 percent
deficiency. All of the uses on site are retail and commercial.
• Stated that she did not think that the conditions are enforceable. She added that
she feels that the parking deficiency is an excessive percentage of spaces
available. It sets the site up for a good neighbor/bad neighbor situation.
• Informed that she is not supportive of this application.
Commissioner Rocha said that he would support it. He said that given the varying
types of uses, a deficiency of 10 spaces is a problem only if everyone affiliated with the
site is there all at one time, which he believes is highly unlikely. He concluded that it is
safe to say that there is no problem with this 10-space deficiency.
Motion: Upon motion of Commissioner Rocha, seconded by Commissioner
Alderete, the Planning Commission adopted Resolution No. 3936
granting Conditional Use Permit (PLN2009-01) for a martial arts
(Taekwondo) studio in an existing retail center on property owned
by Callahan/Mortin Trust located at 2020 S. Bascom Avenue, by the
following roll call vote:
AYES: Alderete, Alster, Ebner, Gairaud, Rocha and Roseberry
NOES: Gibbons
ABSENT: None
ABSTAIN: None
Chair Ebner advised that this action is final unless appealed in writing to the City Clerk
within 10 calendar days.
***
Chair Ebner read Agenda Item No. 3 into the record as follows:
Campbell Planning Commission Minutes for February 24, 2009 Page 7
3. PLN2009-15 Public Hearing to consider the application of Mr. Jared
Taylor, J. Taylor, on behalf of CVS Pharmacy, for a Conditional Use
Permit (PLN2009-15) to allow 24-hour operation of an
existing CVS Pharmacy (Longs Drugs) on property owned
by Hamilton Avenue Investors, LLC, located at 1720 S.
Bascom Avenue, 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: 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 to allow
late night operations for an existing drugstore located at 1720 S. Bascom Avenue in
the Hamilton Plaza Shopping Center.
• Reported that in 2001, Council adopted an Ordinance requiring that late night
operations obtain a Conditional Use Permit to stay open after 11 p.m. and/or before
6 a.m. Even existing businesses were required to comply by 2003.
• Described the site as consisting of amulti-building center. Longs has been on site
since 1974. The site is at the northeast corner of Bascom and Hamilton Avenues
and abuts residential uses to the east and commercial uses to the south.
• Added that the zoning is C-2 (General Commercial) and the General Plan land use
designation is General Commercial. This proposal is consistent with the issuance
of a Conditional Use Permit.
• Said that the Use Permit is for 24-hour operations. There are no physical changes
proposed for the tenant space or site.
• Stated that the currently operational hours are from 7 a.m. to 12 a.m. most days.
There are no other businesses in this center that operate 24-hours a day.
• Informed that the only other major drugstore in Campbell with 24-hour operation is
Walgreens located at the corner of Hamilton Avenue and Winchester Boulevard,
which was approved for 24-hour operations by the Planning Commission in 1997.
• Said that a condition has been imposed that this use can be reviewed if verified
complaints are received by the City and the Community Development Director can
immediately reduce the hours of operation.
• Reported that when Longs opened in 1974, it was issued a general liquor license
without a Conditional Use Permit. As such, it is considered anon-conforming use.
• Said that the Planning Commission must review the sale of alcohol in conjunction
with this request for 24-hour operations. The Use Permit would allow the sale of
alcoholic products subject to State law, between 6 a.m. and 2 a.m.
• Added that although staff is not recommending reduced sales hours for alcoholic
products, the Commission may choose to do so.
• Pointed out that a condition of approval has been included that states that the area
for sale of alcohol can be no more than 10 percent of the gross floor area. This is
Campbell Planning Commission Minutes for February 24, 2009 Page 8
to ensure that this Use Permit is not used by a liquor store or similar use in the
future.
• Reported that currently the store uses less than 5 percent of its floor area for
alcoholic products.
• Informed that the Police Department has reviewed this application and has
concerns about delivery and construction hours and use of the rear alley.
• Added that, as conditioned, the time for deliveries, construction and use of the alley
would be restricted to between 7 or 8 a.m. to 8 p.m. With these conditions, the
Police Department is supportive of this application.
• Recommended approval.
Commissioner Rocha said he had wondered if it was within the Commission's purview
to adjust hours for alcohol sales.
Commissioner Gibbons reported that she had asked for clarification on Walgreens and
thanked staff for providing that information.
Chair Ebner asked staff if there have been any problems with Walgreens.
Planner Daniel Fama said he didn't look into that.
Chair Ebner opened the Public Hearing for Agenda Item No. 3.
Mr. Jared Taylor, Applicant:
• Said he was available for questions.
• Thanked the Commissioners and staff for their work.
• Reported that they are converting their locations across the country to provide
consistent and public convenience.
Commissioner Roseberry asked Mr. Jared Taylor how the sale of alcohol is restricted
during hours that sales are not allowed by State law.
Mr. Jared Taylor said that it is managed at the cash register. Clerks are not allowed to
ring up alcohol after 2 a.m. He described the alcohol display areas as consisting of
three 25-foot tiers and coolers along the wall.
Commissioner Gairaud asked Mr. Jared Taylor if the Longs located at San Tomas
Aquino Road and Campbell Avenue would also go to 24-hour operation or has one
Campbell location been chosen over the other.
Mr. Jared Taylor said that he is not involved in the decisions on which locations are
chosen to go to 24-hour operation.
Commissioner Alderete pointed out that Walgreens cancelled its liquor sales in the
1990's.
Campbell Planning Commission Minutes for February 24, 2009 Page 9
Mr. Jared Taylor said his company prefers to sell alcohol in its locations. Their goal is
to provide one-stop shopping. It is a public convenience. He pointed out that alcohol
is only an accessory to overall sales.
Chair Ebner closed the Public Hearing for Agenda Item No. 3.
Commissioner Alderete said that he supports this request and that 24-hour operation is
a good thing for Campbell. When someone needs medicine at night such an operation
is critical and there are not many around.
Commissioner Gibbons:
• Said that she noticed the Noise and Noise Management conditions.
• Suggested that Condition 12 be modified so that no garbage/recycling (especially
glass) be allowed to be placed into the dumpsters after a certain hour.
• Suggested adding 12-c to read, "Dumpster activity shall be restricted to prior to 10
p.m. and after 7 a.m."
• Agreed that 24-hour operations are important but she also has trouble with 24-hour
liquor sales so she has mixed feelings.
Commissioner Rocha said he would like to see more restrictive alcohol sale hours and
recommended midnight rather than 2 a.m.
Commissioner Gairaud said he totally agreed that midnight was preferable but he had
thought they were constrained by State law.
Commissioner Roseberry said he has a different opinion. He said that State law is
easier to enforce. It would be more problematic and harder for people working there to
differ the alcohol sales hours from State law. He added that he does not see alcohol
sales as a big contributor to the use.
Chair Ebner said that he too has problems with the hours of alcohol sales and would
like to see them restricted up to midnight. He added that he likes the idea of a 24-hour
operation pharmacy.
Commissioner Alderete said he supports the application as it stands. He said that the
issue of alcohol sales is not a swing issue as grocery stores also sell liquor. He said
he would not support further restrictions on alcohol sales hours.
Commissioner Alster said he agreed with Commissioner Alderete. She pointed out
that Safeway sells alcohol. She said it would be unfortunate if someone shops at
Longs to fill a prescription late at night but would have to go to another store if they
also happen to want to purchase alcohol.
Commissioner Gibbons said that they have to be practical and agreed that it might be
easier for staff to enforce hours with the provisions of State law.
Commissioner Rocha asked if everyone is sure that Safeway sells alcohol up to 2 a.m
Campbell Planning Commission Minutes for February 24, 2009 Page 10
Chair Ebner said he had forgotten about 24-hour supermarkets also being able to sell
alcohol up to 2 a.m. Therefore, it is kind of a moot point.
Motion: Upon motion of Commissioner Rocha, seconded by Commissioner
Alderete, the Planning Commission adopted Resolution No. 3937
granting a Conditional Use Permit (PLN2009-15) to allow 24-hour
operation of an existing CVS Pharmacy (Longs Drugs) on property
owned by Hamilton Avenue Investors, LLC, located at 1720 S.
Bascom Avenue, with the addition of Condition 12-c that requires
trash and cleanup to be done between 6 a.m. and 11 p.m. daily, by
the following roll call vote:
AYES: Alderete, Alster, Ebner, Gairaud, Gibbons, Rocha and
Roseberry
NOES: None
ABSENT: None
ABSTAIN: None
Chair Ebner advised that this action is final unless appealed in writing to the City Clerk
within 10 calendar days.
***
Chair Ebner read Agenda Item No. 4 into the record as follows:
4. PLN2009-08 Public Hearing to consider the application of Mr. Kabad
Bugwadia, K. Bugwadia for a Conditional Use Permit (PLN2009-08) to
allow a commercial school (Tutoring Center) in an existing
1,026 square foot tenant space located within an existing
retail center on property owned by Oliva and Anthony Go
located at 2234 S. Bascom Avenue, 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, Associate Planner
Mr. Steve Prosser, Associate Planner, presented the staff report as follows:
• Explained that the applicant for this item is requesting a continuance. The
applicant, property owner and staff have been in discussions regarding existing site
conditions and previous project approvals associated with this multi-tenant site.
• Added that the applicant is requesting a continuance to the March 10, 2009,
meeting to better address some of those issues.
• Recommended that the Commission open the Public Hearing and continue this
item to March 10, 2009.
• Reported that the applicant is present.
Campbell Planning Commission Minutes for February 24, 2009 Page 11
Commissioner Gibbons asked staff to provide a table in the next staff report outlining
cumulative parking deficiencies for this property. She also asked for clarification on
property lines and parking per property.
Chair Ebner opened the Public Hearing for Agenda Item No. 4.
Motion: Upon motion of Commissioner Alderete, seconded by
Commissioner Rocha, the Planning Commission continued to its
meeting on March 10, 2009, consideration of a request for a
Conditional Use Permit (PLN2009-08) to allow a commercial school
(Tutoring Center) in an existing 1,026 square foot tenant space
located within an existing retail center on property owned by Oliva
and Anthony Go located at 2234 S. Bascom Avenue. (7-0)
Chair Ebner advised that this item would be heard by the Commission on March 10,
2009.
***
Chair Ebner read Agenda Item No. 5 into the record as follows:
5. PLN2009-24 Public Hearing to hear aCity-initiated Text Amendment
Staff (PLN2009-24) to Update Campbell Municipal Code Section
21.22 (Flood Damage Prevention) to comply with current
FEMA (Federal Emergency Management Agency)
standards. Staff is recommending that this project be
deemed Categorically Exempt under CEQA. Tentative City
Council Meeting Date: March 23, 2009. Project Planner:
Steve Prosser, Associate Planner
Mr. Steve Prosser, Associate Planner, presented the staff report as follows:
• Explained that the City of Campbell is a participant in the National Flood Insurance
Program. The Program, the associated flood maps and the Flood Management
Program itself are managed by FEMA, which is now under the Department of
Homeland Security.
• Said that the purpose of the Flood Management Program is to minimize the amount
of damage to public and private facilities due to flooding by providing the
requirements for new construction in these low-lying areas.
• Reported that FEMA visits every community on an annual basis to monitor each
community's compliance with the management program.
• Added that without this participation, City of Campbell residents would have to
obtain very expensive flood insurance for their homes.
• Continued that in January of this year, a representative of FEMA contacted the City
advising that the City's current Flood Damage Prevention Ordinance did not
reference the existing flood maps nor provide a mechanism for incorporating by
reference any future updates to the flood maps.
Campbell Planning Commission Minutes for February 24, 2009 Page 12
• Said that FEMA is currently in the process of providing digital flood maps that will
become effective on May 18, 2009. In order for the City to continue to participate in
the National Flood Insurance Program, its revised Ordinance must be in effect and
meet FEMA's minimum ordinance standards, also by May 18, 2009.
• Stated that representatives of FEMA provide the City with a list of recommended
revisions that would bring the Flood Damage Prevention Ordinance into
compliance.
• Said that to comply with FEMA's minimum standards, Ordinance revisions are
shown in Attachment 2 of the staff report consisting of strike through text for
Ordinance language to be removed and bold underlined text showing revised or
newly introduced language.
• Said that staff is recommending modifying subsections 21.22.020 (Definitions);
21.22.030 (General Provisions); 21.22.040 (Administration); 21.22.050 (Flood
Hazard Reduction) and minor typographical errors in the rest of the original
Ordinance.
• Recommended that the Planning Commission forward a recommendation to
Council to find this Text Amendment to be Categorically Exempt under CEQA,
Section 15308 (actions of regulatory agencies for the protection of the
environment).
• Said that staff also recommends adoption of a resolution recommending that
Council approve this Text Amendment to CMC 21.22 in order to comply with FEMA
standards.
Commissioner Alderete asked staff why Los Gatos Creek is not included on the exhibit
provided.
Planner Steve Prosser advised that this particular exhibit does not include the entire
area that will be covered just areas of change. The final flood map would include all
associated creeks and waterways.
Commissioner Alderete asked about the new and expanded definition of Historic
Structures. He asked if there are any such structures in Campbell that would fall into
this discussion of the flood plain.
Planner Steve Prosser said he did not believe there were any historic structures in the
new area.
Commissioner Alderete said that the Historic Preservation Board might want to check
its list for any sites that may fall into even a more expanded definition of historic
structures. HPB keeps an expanded list and might be very interested.
Commissioner Gibbons asked if the diagram depicts the area where levees are being
decertified.
Planner Steve Prosser replied correct, two levees are being decertified.
Campbell Planning Commission Minutes for February 24, 2009 Page 13
Commissioner Gibbons asked didn't people need flood insurance anyway. This Flood
Program participation by the City doesn't eliminate the need for personal flood
insurance.
Planner Steve Prosser agreed but said that participation does allow residents to join
the Flood Insurance Program that has prices set by the government that are
considerably lower than privately obtained flood insurance.
Commissioner Gibbons asked if this means that if a homeowner in this area wants
flood insurance they should go with the government and not private insurance.
Planner Steve Prosser replied yes. He added that if their home is located in a
designated flood area, they may be mandated by their lender to obtain insurance
through this program.
Commissioner Roseberry said that the diagram shows that this skirts extremely close
to his own house. He asked if the blue lines drawn are the structure or property line.
Planner Steve Prosser said that he asked the FEMA representative today and was told
that the trigger is the structure. If an existing structure does not fall within the revised
flood zone area, they are not required to obtain the insurance.
Commissioner Alderete joked that he had thought that was a moat surrounding the
Roseberry property and not Smith Creek.
Commissioner Roseberry replied that if it had a drawbridge, then it would be a moat.
Chair Ebner called for a break at 8:30 p.m.
and Commissioner Roseberry about the
proximity.
so the City Attorney could consult with staff
possible need to recuse himself due to
Chair Ebner resumed the meeting a few minutes later and Commissioners Roseberry
and Gairaud were absent after the determination was made that they should recuse
themselves due to proximity of creeks to their respective homes.
Commissioner Gibbons assured that the channel for San Tomas Creek is more than
500 feet from her home.
Commissioner Alderete said that he might be within 500 feet of Los Gatos Creek. He
asked if he too should recuse himself due to a conflict of interest due to proximity. He
left the chambers for the remainder of this item.
Chair Ebner asked if a continuance is in order here.
Interim Director Ciddy Wordell reminded that this Ordinance update is on track to get
to Council by a certain date to meet the FEMA deadline.
Campbell Planning Commission Minutes for February 24, 2009 Page 14
Chair Ebner opened the Public Hearing for Agenda Item No. 5.
Chair Ebner closed the Public Hearing for Agenda Item No. 5.
Motion: Upon motion of Commissioner Rocha, seconded by Commissioner
Alster, the Planning Commission adopted Resolution No. 3938
recommending approval of a Text Amendment (PLN2009-24) to
Update Campbell Municipal Code Section 21.22 (Flood Damage
Prevention) to comply with current FEMA (Federal Emergency
Management Agency) standards, by the following roll call vote:
AYES: Alster, Ebner, Gibbons and Rocha
NOES: None
ABSENT: None
ABSTAIN: Alderete, Gairaud and Roseberry
***
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Ms. Ciddy Wordell, Interim Community Development Director,
was accepted as presented.
Commissioner Alderete said that he would like to ask staff to consider a more standard
format on parking issues in their reports. There should be more of a hard and fast
format that includes cumulative deficiencies.
Commissioner Rocha said that they are seeing more references to shared parking. He
added that there is no proof that shared parking does work without a parking study
Commissioner Gibbons said that if parking illustrations contained within a staff report
don't match site conditions, it would be helpful if the report states that.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:35 p.m. to the next Regular
Planning Commission Meeting of~arFh 10, 2009.
SUBMITTED BY:
APPROVED BY:
rinne A. Shi ording Secretary
Mark L~bner. Ch
ATTEST:
Ciddy Wordell, A ing Secretary