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PC Min - 04/28/2009CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. APRIL 28, 2009 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of April 28, 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: Commissioners Absent: Staff Present: APPROVAL OF MINUTES Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Mark Ebner Bob Alderete Theresa Alster Gary Gairaud Michael Rocha Bob Roseberry Vice Chair: Elizabeth Gibbons Interim Principal Planner: Ciddy Wordell Assistant Planner: Daniel Fama City Attorney: William Seligmann Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Alderete, the Planning Commission minutes of the meeting of April 14, 2009, were approved as submitted. (3-0-2-2; Commissioners Gairaud and Gibbons were absent and Commissioners Alster and Roseberry abstained) COMMUNICATIONS There were no Communications Items. Campbell Planning Commission Minutes for April 28, 2009 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Interim Principal Planner Ciddy Wordell advised that staff received an email from a recently hired attorney representing the applicant for Item 1. They have asked for a postponement to the next meeting to allow them time to become familiar with the case and prepare for the public hearing. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS PLN2009-12 Continued Public Hearing (from the Planning Commission Ramos, J. meeting of March 24, 2009) to consider the application of Mr. Jonathan Ramos, on behalf of Stantec Architectural Inc., for a Modification (PLN2009-12) to a previously-approved Conditional Use Permit (UP83-07) to allow 24-hour operation of an existing Arco service station (convenience market and service pumps) on property owned by BP West Coast Products located at 1860 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: Daniel Fama, Assistant Planner Chair Ebner opened the Public Hearing for Agenda Item No. 1. Commissioner Rocha asked if the item has to be continued. City Attorney William Seligmann replied no but it is very rare that a request for continuance is not granted when requested by an applicant. Commissioner Alderete: • Advised that he would be supporting granting of a continuance. • Said that he has a number of questions that can be asked at a later date. • Said that in reading the staff report he sees something contentious going on here. The data in the report is in a different tone than he is accustomed to seeing. • Added that per the Police Department report information, they have not seen an unusual number of calls for service. The level of calls is not high and generally common for such a business. • Said that this information seems to incorporate an unusual level of detail. Campbell Planning Commission Minutes for April 28, 2009 Page 3 • Stated that as for limiting hours for gasoline deliveries, he does not recall, in his experience on this Commission, limiting delivery hours for gasoline but rather has seen an allowance for 24/7 deliveries based on their needs. This history includes the Chevron station that is located at the corner of Hamilton and Bascom, which is one of the region's busiest intersections. • Asked that the data/facts provided be substantiated at the next hearing as right now it appears the information goes beyond the bounds of what is usually provided. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Roseberry, the Planning Commission CONTINUED TO ITS HEARING OF MAY 12, 2009, consideration of a Modification (PLN2009-12) to a previously-approved Conditional Use Permit (UP83-07) to allow 24-hour operation of an existing Arco service station (convenience market and service pumps) on property owned by BP West Coast Products located at 1860 W. Campbell Avenue. (6-0-1; Commissioner Gibbons was absent) *** REPORT OF THE INTERIM PRINCIPAL PLANNER The written report of Ms. Ciddy Wordell, Interim Principal Planner, was accepted with no additions. ADJOURNMENT The Planning Commission meeting adjourned at 7:38 p.m. to the next Regular Planning Commission Meeting of May 12, 2009. SUBMITTED BY: C ne A. inn~R~rding Secretary APPROVED BY: Mark Ebh~r, ghair ~~ ATTEST: Cpl/ Ciddy Wordell, A ing Secretary