Use Permit - Farmers Market - 2011CITY of CAMPBELL
Community Development Department
November 23, 2011
Johnna Borello
4242 Colombo Drive
San Jose, CA 95130
Re: PLN2011-232 - 1999 S. Bascom Avenue -Use Permit -Farmers Market
Dear Applicant:
Please be advised that at its meeting of November 22, 2011, the Planning Commission
adopted Resolution No. 4041 approving a Conditional Use Permit (PLN2011-232) to allow
the establishment of a Farmer's Market on the above referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by
5 p.m. on Friday, December 2, 2011. The time within which judicial review of this action
must be sought is governed by Section 1094.6 of the California Code of Civil Procedure,
unless another statute (such as California Government Code Section 65009 or some other
applicable provision) sets forth a more specific time period.
If you have any questions, do not hesitate to contact me at (408) 866-2140.
Sincerely,
Steve Prosser
Associate Planner
cc CA Pruneyard Limited Partnership (Property Owner)
1875 S. Bascom Avenue, #2440
Campbell, CA 95008
RESOLUTION N0.4041
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2011-232) TO ALLOW THE ESTABLISHMENT OF A FARMER'S
MARKET ON PROPERTY LOCATED AT 1999 S. BASCOM AVENUE
IN A C-2/O (GENERAL COMMERCIAL/OVERLAY) ZONING DISTRICT.
FILE NO.: PLN2011-232
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to application PLN2011-232:
Environmental Finding
1. The project qualifies as a Categorically Exempt project per 15061(b)(3) of the California
Environmental Quality Act (CEQA). The proposed use is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
Evidentiary Findings
1. The project site is located at the southwest corner of the Pruneyard Shopping Center
located at the northwest corner of South Bascom Avenue and East Campbell Avenue.
2. The project site of approximately 17,850 square feet of surface parking area between E.
Campbell Avenue and the Pruneyard Office Tower located at 1999 S. Bascom Avenue.
3. The project site is zoned C-2/O (General Commercial/Overlay) on the City of Campbell
Zoning Map and is designated General Commercial on the City of Campbell General
Plan Land Use Map.
4. The proposed project will be compatible with the C-2/O (General Commercial/Overlay)
with the approval of a Conditional Use Permit.
5. A one-year limited term Conditional Use Permit provides an opportunity to
administratively ensure that the farmer's market does not create any unforeseen impacts
on the parking and circulation of the Pruneyard Center. Based on the results of the
administrative review, the Community Development Director may extend the Conditional
Use Permit approval up to an additional four year period.
6. Limiting the Conditional Use Permit approval to a total of five years would allow the
decision making body an opportunity to re-evaluate the appropriateness of the use based
on real-time observation of any impacts to site parking, circulation, and surrounding uses
over the long term.
Planning Commission Resolution No. 4041
PLN2011-232 - 1999 S. Bascom Avenue -Use Permit -Farmer's Market
Paae 2
7. The seasonal hours of operation shall be restricted to:
• Business Hours: 3:00 PM to 7:00 PM, Thursdays, starting on the first Thursday in
April and ending on the first Thursday in October.
• Operational Hours: 2:00 PM to 8:00 PM, Thursdays, starting on the first Thursday in
April and ending on the first Thursday in October.
8. The proposed project is consistent with other developments and uses in the surrounding
area.
9. No modification to any existing structure is proposed in conjunction with the
establishment of an outdoor farmer's market.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project does not add additional building square footage and does not
detract from the overall design of the existing shopping center.
2. The proposed seasonal project is consistent with the General Plan.
3. The proposed seasonal use is allowed within the applicable zoning district with
Conditional Use Permit approval and complies with all other applicable provisions of this
Zoning Code and the Municipal Code.
4. The proposed site is adequate in terms of size and shape to accommodate the fences
and walls, landscaping, parking and loading facilities, yards, and other development
features required in order to integrate the seasonal use with uses in the surrounding
area.
5. The proposed site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic the seasonal use would be expected to generate.
6. The design, location, size, and operating characteristics of the proposed seasonal use
are compatible with the existing and future land uses on-site and in the vicinity of the
subject property.
7. The establishment, maintenance, or operation of the seasonal use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use, or be
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the City.
8. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
Planning Commission Resolution No. 4041
PLN2011-232 - 1999 S. Bascom Avenue -Use Permit -Farmer's Market
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2011-232) to allow the establishment of a Farmer's Market on property
located at 1999 S. Bascom Avenue in a C-2/O (General Commercial/Overlay) Zoning
District.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review
shall be for compliance with all applicable Conditions of Approval, adopted policies and
guidelines, ordinances, laws and regulations, and accepted engineering practices for the
item under review. Additionally, the applicant is hereby notified that he/she is required to
comply with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for cone-year limited term Conditional Use
Permit (PLN2011-232), which may be extended an additional four years by the
Community Development Director, allowing the establishment of a seasonal outdoor
farmer's market within 17,850 square feet of surface parking located at the southwest
corner of the Pruneyard Shopping Center. The project shall substantially conform to the
project site plan and business narrative/operational description stamped as received by
the Planning Division on September 7, 2011, except as may be modified by the
Conditions of Approval herein.
2. Farmer's Market: The Conditional Use Permit approval is only valid for a recognized
outdoor seasonal California Certified Farmer's Market. No other outdoor use including,
but not limited to, a flea market or similar outdoor sales is permitted.
3. Limited Term Permit: The Conditional Use Permit approved herein shall be valid for a
period of one (1) year from the effective date of the resolution (December 3, 2012)
adopted by the Planning Commission. Prior to December 3, 2012, the Community
development Director shall administratively review the project to ensure that the farmer's
market did not create any unforeseen impacts on the parking and circulation of the
Pruneyard Center. If the Community Development Director determines after the first
season that material concerns exists with the farmers market operation based on-site
parking problems or traffic circulation issues impacting Campbell Avenue, the
Community Development Director will notify the applicant that the CUP will not be
extended and will terminate December 3, 2012. The decision to terminate is appealable
to the Planning Commission pursuant the Zoning Code. If the Community Development
Director finds that the farmer's market did not create any unforeseen impact, the
Community Development Director may extend the Conditional Use Permit approval up to
an addition four years, or until December 3, 2016. At this time, the Conditional Use
Planning Commission Resolution No. 4041
PLN2011-232 - 1999 S. Bascom Avenue -Use Permit -Farmer's Market
Paae 4
Permit shall be void and the use abandoned unless a new Conditional Use Permit is
granted by the appropriate decision-making body.
4. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or
any standards, codes, or ordinances of the City of Campbell shall be grounds for
consideration of revocation of this approval by the Planning Commission.
5. Hours of Operation: The seasonal hours of operation shall be restricted to:
a. Business Hours: 3:00 PM to 7:00 PM, Thursdays, starting on the first Thursday in
April and ending on the first Thursday in October. This represents the four hour
duration of when the market is open to the public.
b. Operational Hours: 2:00 PM to 8:00 PM, Thursdays, starting on the first Thursday in
April and ending on the first Thursday in October. This represents the six hour
duration of when the market may occupy the site. There is a one hour period to set
up and clean up.
6. Parkinq Enforcement: The property owner shall install and enforce parking control
measures, such as "tow-away" and "prohibited parking signage", and pro-actively
enforce the parking regulations within the project area between the hours of 2:00 PM
and 8:30 PM Thursdays from Aprif 1St to October 15t" annually predicated on the
seasonal farmer's market maintaining a valid Conditional Use Permit.
7. Parkinq Area: All parking and driveway areas not utilized by the approved use shall be
maintained in compliance with the standards in Section 21.10.060 (C-2 Zoning District)
and Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code and remain
available for patron and/or employee use.
8. Provision of Copy of Vendor Agreement: The applicant shall provide Planning staff with
a copy of the market's vendor and parking management agreement form. The applicant
is encouraged to include in the project area a location for truck parking near the vendors'
booths.
9. Compliance with Other Regulations: The applicant shall comply with all state, county,
and city regulations and laws that pertain to the proposed project.
PASSED AND ADOPTED this 8t" day of November, 2011, by the following roll call vote:
AYES: Commissioners: Alster, Ebner, Gibbons, Resnikoff and Reynolds
NOES: Commissioners: None
ABSENT: Commissioners: Brennan and Roseberry
ABSTAIN: Commissioners: None
APPROVED:
ATTEST:
Theresa Alster, Acting Chair
Kirk Heinrichs, Secretary