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Mod to Site & Master Sign - 2011CITY of CAMPBELL Community Development Department April 27, 2011 Pacific Catch, Inc. 75 Oak Grove Street San Francisco, CA 94107 Re: PLN2011-32/84 - 1875 S. Bascom Avenue -Pacific Catch Modifications of Site and Architectural Review Permit and Master Sign Plan Dear Applicant: Please be advised that at its meeting of April 26, 2011, the Planning Commission took the following actions: 1. Adopted Resolution No. 4020 approving Modifications to a previously approved Site and Architectural Review Permit to allow an exterior remodel of an existing vacant commercial tenant space for a proposed restaurant; and 2. Adopted Resolution No. 4021 approving Modifications to a previously approved Master Sign Plan to allow a total of three signs for a proposed restaurant use 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, May 6, 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 N0.4020 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING MODIFICATIONS (PLN2011-32) TO A PREVIOUSLY APPROVED SITE AND. ARCHITECTURAL REVIEW PERMIT TO ALLOW AN EXTERIOR REMODEL OF AN EXISTING VACANT COMMERCIAL TENANT SPACE FOR A PROPOSED RESTAURANT (PACIFIC CATCH) ON PROPERTY LOCATED AT 1875 S. BASCOM AVENUE, SUITE 550, KNOWN AS THE PRUNEYARD SHOPPING CENTER, WITHINT THE C-2 (GENERAL COMMERCIAL) ZONING DISTRICT. FILE NO.: PLN2011-32. 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 PLN2011-32: Environmental Finding 1. The project qualifies as a Categorically Exempt project per Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Evidentiary Findings 1. The project site is zoned C-2 (General Commercial) on the City of Campbell Zoning Map. 2. The project site is designated General Commercial on the City of Campbell General Plan Land Use Map. 3. The project site is located at the northeast corner of South Bascom Avenue and East Campbell Avenue. 4. The proposed project will be compatible with the C-2 (General Commercial) with the approval of a Modification to a Previously Approved Site and Architectural Review Permit. 5. The proposed project includes a corner tenant space with an outdoor seating area that acts as the entryway into the Pruneyard Shopping Center. Due to its location on site and the existing outdoor seating area, special consideration has been given to this tenant space allowing variation from the established architecture to allow for the proposed fagade improvements. Planning Commission Res _cion No. 4020 PLN2011-32-1875 S. Bascom Avenue-Modification to Site and Architectural Review Permit Page 3 conform to the project plans stamped as received by the Planning Division on March 25, 2011, except as may be modified by the Conditions of Approval herein. 2. Permit Expiration: The Modification to a Previously Approved Site and Architectural Review Permit approval shall be valid for one year from the date of final approval (May 6, 2013). Within this one-year period an application for a building permit must be obtained. Failure to meet this deadline will result in the Modification of the Previously Approved Site and Architectural Review Permit being rendered void. 3. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 4. Previous Approvals: The Conditions of Approval associated with UP96-14 (Planning Commission Resolution 3059) that are not modified herein remain in full effect, including hours of operation, food service, and time limitation on the redesigned covered patio and uncovered patios seating area. 5. Hours of Operation: The approved hours of operation remain unchanged and include indoor Operations between 11:00 AM and 2:00 AM, Sunday through Saturday and outdoor operations (outdoor covered and covered seating areas) between the hours of 11:00 AM and - 10:30 PM Sunday through Saturday. At no time shall the outdoor seating areas remain open beyond 10:30 PM. 6. Occupancy: A maximum of 119 indoor seats and 36 outdoor seats (covered and uncovered patio seating) is allowed. At no time shall occupancy exceed 155 people be allowed between the hours of 11:00 AM and 10:30 PM. At no time shall the occupancy exceed 119 people between the hours of 10:30 PM and 2:00 AM. 7. Detail Drawings: The building permit construction plans shall include detail drawings ("cut-sheets") of the architectural elements, as required by the Planning Division. 8. Parkin :All parking and driveway areas shall be maintained in compliance with the standards in Section 21.10.060 (C-3 Zoning District) and Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 9. Compliance with Other Regulations: The applicant shall comply with all state, county, and city regulations and laws that pertain to the proposed project. 10. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. The Director will have the authority to reject, approve or request modifications to the lighting design to achieve these goals. Planning Commission Res .pion No. 4020 PLN2011-32-1875 S. Bascom Avenue-Modification to Site and Architectural Review Permit Page 4 11. Construction Activities: The applicant shall abide by the following requirements during construction: a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior during all periods of construction. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. Building Division 12. Permits Required: A building permit application shall be required for the proposed alterations to the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. Applicant shall also submit (1) reduced size 11 "x 17" copy of plans and submit any necessary revision sheets for this copy as required. 15. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 16. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 17. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue- lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. Planning Commission Res ~.tion No. 4020 PLN2011-32-1875 S. Bascom Avenue-Modification to Site and Architectural Review Permit Page 5 18. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with C.B.C Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 19. Non-point Pollution Control Program: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 20. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 21. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 22. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department b. Santa Clara County Department of Environmental Health 23. P.G. &E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 24. LEED for New Construction: Applicant shall complete and return LEED Project Checklist prior to the issuance of a Building Permit. Santa Clara County Fire Department 25. Project Review: Review of this development proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 26. Interior Modification: Modification of the existing interior space may require reconfiguration of the fire sprinkler system. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application Planning Commission Rest. _~ion No. 4020 PLN2011-32-1875 S. Bascom Avenue-Modification to Site and Architectural Review Permit Paae 6 and appropriate fees to this department for review and approval prior to beginning their work. 27. Building Permit Submittal: To prevent plan review and inspection delays, the above noted Development Review Conditions shall be restated as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. PASSED AND ADOPTED this AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 26t" day of April, 2011, by the following roll call vote: Alster, Brennan, Ebner, Gibbons, Resnikoff and Roseberry None Reynolds None APPROVED: Bob Roseberry, Chair ATTEST: Kirk Heinrichs, Secretary RESOLUTION NO. 4021 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING MODIFICATIONS TO A PREVIOUSLY APPROVED MASTER SIGN PLAN (PLN2011-84) TO ALLOW A TOTAL OF THREE SIGNS FOR A PROPOSED RESTAURANT USE ON PROPERTY LOCATED AT 1875 S. BASCOM AVENUE, SUITE 550, KNOWN AS THE PRUNEYARD SHOPPING CENTER, WITHIN THE C-2 (GENERAL COMMERCIAL) ZONING District. FILE NO. 2011-84. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2011-84: Environmental Finding 1. The project qualifies as an Exempt project under Section 15311, Class 11 of the California Environmental Quality Act (CEQA), pertaining to the construction or placement of on-premise signs. Evidentiary Findings 1. The Modification of the Master Sign Plan is consistent with the requirements of the Sign Ordinance in that the Planning Commission, in conjunction with approval language of the Master Sign Plan, has the authority to modify the Master Sign Plan to allow individual tenant signage an exception from strict compliance with the adopted Master Sign Plan upon re-evaluation at change of tenancy 2. The proposed signage design complies with the intent of the Master Sign Plan in that the Master Sign Plan provides clear requirements for all new signage to be architecturally compatible with the design of not only the individual shopping center by the specific tenant space. 3. The location of the proposed signs and the design of their visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions in that the size and placement of the proposed wall and arcade signage is commensurate with the scale of the shopping center, providing adequate off-site visibility. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. That the signs are consistent with the requirements of the original tenant space Sign Permit, as approved through the Master Sign Plan. Planning Commission Res .ion No. 4021 PLN2011-84 - 1875 S. Bascom Avenue, #550 -Modification to Master Sign Plan Page 2 2. That the design complies with the design elements criteria listed in subsection 21.30.030(H)(2) of the Sign Ordinance as approved through the original Master Sign Plan. 3. That both the location of the proposed signs and the design of their visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions. 4. That the location and design of the proposed signs do not obscure existing or adjacent signs from view. 5. The location and design of the proposed signs (e.g., size, shape, illumination, and color) are compatible with the visual characteristics of the surrounding area so as not to detract from or cause to decrease the value or quality of adjacent properties. 6. The location and design of signs in close proximity to any residential district does not adversely affect the quality or character of the residential area. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission grants Modifications to a previously approved Master Sign Plan (PLN2011-84) to allow a total of three signs for a proposed restaurant use on property located at 1875 S. Bascom Avenue, Suite 550, known as the Pruneyard Shopping Center, within the C-2 (General Commercial) 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: Planning Commission Res .ion No. 4021 PLN2011-84 - 1875 S. Bascom Avenue, #550 -Modification to Master Sign Plan Paae 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Modification to a Previously Approved Master Sign Plan (PLN2011-84) exempting two walls signs and one arcade sign associated with Suite 550 from the current sign regulations for the Pruneyard Shopping Center, located at 1875 S. Bascom Avenue. The project shall substantially conform to the Project Plans stamped as received by the Community Development Department on March 25, 2011, except as may be modified by the Conditions of Approval specified herein. 2. Sign Permit Required: All proposed signs shall require a Sign Permit prior to installation. 3. Sign Maintenance: The signs shall be maintained in good condition at all times and shall be repaired or replaced as necessary. 4. Building Permits Reauired: The applicant shall obtain all necessary building and/or electrical permits from the Building Division prior to the installation of any new signs. PASSED AND ADOPTED thi; AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 26t" day of April, 2011, by the following roll call vote: Alster, Brennan, Ebner, Gibbons, Resnikoff and Roseberry None Reynolds None APPROVED: Bob Roseberry, Chair ATTEST: Kirk Heinrichs, Secretary