With commissioners Jill Hunter, Linda Rodgers and Michael Schallop absent from the July 27 planning commission meeting, a scaled-down commission split 2-2 before a full council chambers in a vote meant to decide whether Starbucks Coffee should be granted a conditional-use permit to open a new outlet in the Village.

Section 2-15.050 (b) of the municipal code states, "The failure of passage of any motion before the Planning Commission shall be deemed a denial of the motion; provided, however, a motion failing by reason of an evenly split vote by the Planning Commission at a meeting where six or less Commissioners are present shall be agendized and voted upon at the next regular meeting of the Planning Commission at which a quorum is present, unless, within ten days after the date on which the split vote is taken, the applicant files an appeal to the City Council, in which event, the split vote shall be deemed a final denial by the Planning Commission of the motion."

Starbucks representative Zeden Jones appealed the split decision July 28. Once an appeal is filed, the city has 30 days to put it before the city council but no fewer than 10 days after the public has been notified. A public notice of the special city council meeting appeared July 30 in the San Jose Mercury News.

This is not the first time Saratoga has been embroiled in a battle over Starbucks. In 1997, the coffee chain attempted to open an outlet at Corinthian Corners, but its conditional-use permit was voted down by the planning commission. Starbucks then set its sights on the Argonaut Shopping Center, where it opened the outlet that is there today.

Corinthian Corners has since changed hands and been renovated. The new owner, Nasser Hiekali, is intent on winning the battle this time around and getting a Starbucks into his property as an anchor tenant at the head of the Village.

In the public hearings that preceded the planning commission's July 27 vote, members of the public argued on both sides.

Thirteen people spoke in favor of the new Starbucks and were in general agreement that Starbucks would help bring vibrancy to the Village and provide a positive impact.

Twelve people argued against for a variety of reasons, including inadequate parking, safety concerns at the Big Basin Way-Highway 9 intersection, a loss of Saratoga's unique character if a corporate chain started a precedent and increased competition for Big Basin Way coffee shops International Coffee Exchange and the Blue Rock Shoot. Several people spoke in defense of Lin Fong Chao's International Coffee Exchange, including Chao's school-aged daughter. Chao's shop is thought to be particularly threatened by competition from a Starbucks opening across the street.

Two speakers were neutral but criticized the planning commission for not adequately studying what effects a new Starbucks would have on the Village and not satisfactorily communicating with the public. These sentiments were echoed by many other speakers, both pro-Starbucks and con, and there was a consensus that a decision expected to have such a large impact on the community should not be decided when three commissioners are absent.

After listening to the public comment, commissioners Manny Cappello and Susie Nagpal voted in favor of the new outlet while Robert Kundtz and Mike Uhl voted against.

Cappello explained his decision by saying his family owned an ice cream parlor and once felt threatened by a Baskin Robbins opening nearby. After a brief drop in sales at his family shop, business picked up and then exceeded what it was before the Baskin Robbins moved in. Although not a coffee drinker himself, Cappello said Starbucks was compatible with the Village and might help improve business downtown.

Nagpal said she saw no conflict with city code and that the commission's job was not to protect businesses from competition. She said despite anecdotal safety concerns, technical traffic studies of the location did not show significant safety problems that warranted a vote against the coffee outlet.

For Kundtz, safety concerns were paramount. He said although he favored rejuvenation of the Village, he has two sons who travel to school on Big Basin Way and believed increased traffic at the intersection with Highway 9 was a safety problem that warranted a "no" vote.

Uhl seemed most torn by the decision but voted against, explaining that he was concerned about safety issues while also wanting to preserve Saratoga's unique character.

With the split decision, Section 2-15.050 (b) of the municipal code means the next stage of the Starbucks story will be played out in front of the city council.