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PC Min - 06/09/2009CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. JUNE 9, 2009 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of June 9, 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: Mark Ebner Vice Chair: Elizabeth Gibbons Commissioner: Bob Alderete Commissioner: Theresa Alster Commissioner: Gary Gairaud Commissioner: Michael Rocha Commissioner: Bob Roseberry None Community Development Director: Kirk E. Heinrichs Contract Planning Manager: Ciddy Wordell Senior Planner: Tim J. Haley City Attorney: William Seligmann Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission minutes of the meeting of May 26, 2009, were approved as submitted. (5-0-1- 2; Commissioner Gairaud was absent for the vote and Chair Ebner and Commissioner Alderete abstained) COMMUNICATIONS 1. Desk Item regarding Agenda Item No. 1 Campbell Planning Commission Minutes for June 9, 2009 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Ebner read Agenda Item No. 1 into the record as follows: 1. PLN2009-12 Continued Public Hearing (from the Planning Commission Ramos, J. meetings of April 28, March 24, and May 12, 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 advised that staff has received a memo from the applicant requesting the withdrawal of their application. He asked staff what is the next step. City Attorney William Seligmann advised that there is nothing to act on any more. He added that he suspected that this item would be back at a later date either voluntarily, through a Code Enforcement proceeding or for action to modify or revoke the existing Use Permit. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR There were no additions to this report. Commissioner Rocha stated that this applicant appears to have gone out of his way to waste the time of the Planning Commission and staff. That is very bad form. He added that he hoped that they would have at least come before the Commission to explain their case. He expressed disappointment. Chair Ebner concurred. Campbell Planning Commission Minutes for June 9, 2009 Page 3 City Attorney William Seligmann said that the Commission should not blame the applicant. He cautioned that when lawyers get involved things can get complicated. ADJOURNMENT The Planning Commission meeting adjourned at 7:35 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of June 23, 2009. SUBMITTED BY: Corinne A. hinn, Recor~ng Secretary APPROVED BY: Mark Ebn~.r. (Chair ATTEST: `~ Ciddy Word I, Acting Secretary