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Approval Letter - 2019.11.13 CITY OF CAMPBELL Community Development Department November 13, 2019 Jimmy Chang P.O. Box 9375 San Jose, CA 95157 Re: File No: PLN2019-190 Address: 1725 S. Bascom Avenue, Suite 1100 Application: Administrative Planned Development Permit Status: Approved Dear Applicant, On November 12, 2019 the Community Development Director approved your Administrative Planned Development Permit application to allow the establishment of a 2,040 sq. ft. café (coffee shop; d.b.a. Big Mug) at the above referenced address, subject to the enclosed Conditions of Approval. Please be advised that conditions of approval of this project may require fee(s), dedication(s), reservation(s) or other exaction(s) and that the 90-day period in which you may protest such conditions has begun. This action is effective in ten calendar days of the decision date (November 12, 2019), unless appealed in writing to the Community Development Department by 5:00 p.m. on November 22, 2019. If an appeal is received, you will be immediately notified of its receipt. We invite you to take a moment to complete our online customer satisfaction survey that can be found at https://www.surveymonkey.com/r/VHPBBF8. Your impressions of your experience working with us will help us to improve our permit process. If you should have any questions regarding this approval, I may be contacted at (408) 866-2142 or by email at stephenr@campbellca.gov. Sincerely, Stephen Rose Associate Planner Encl: Findings & Conditions for Approval cc: Paul Kermoyan, Community Development Director Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2019-190 SITE ADDRESS: 1725 S. Bascom Avenue, Suite 1100 APPLICANT: Jimmy Chang OWNER: Revere Residences, LLC DATE: November 12, 2019 Findings for Approval of an Administrative Planned Development Permit to allow the establishment of a 2,040 sq. ft. café (coffee shop; d.b.a. Big Mug) within an existing commercial tenant space located at 1725 S. Bascom Avenue, Suite 1100. The Community Development Director finds as follows with regard to file number PLN2019-190: 1. The project site has a P-D (Planned Development) Zoning District designation. 2. The project site has a Residential, Commercial, Professional Office (Mixed Use) General Plan designation. 3. A café (coffee shop; d.b.a. Big Mug) would be consistent with the Zoning and General Plan designation with approval of an Administrative Planned Development Permit. 4. The applicant has proposed to add a new exterior entry door (facing the central paseo) and add a maximum of six new outdoor seats in this area as depicted on the plans. 5. The business would be limited to no more than 4 employees at any one time. 6. The operational hours (staff cleanup/setup) and business hours (public may enter) would occur between the hours of 6:00 a.m. and 10:00 p.m. daily. 7. As conditioned, the establishment will not create a nuisance due to litter, noise, traffic, vandalism or other factors. 8. As conditioned, the establishment will not significantly disturb the peace and enjoyment of nearby residential neighborhood. Based upon the foregoing findings of fact, the Community Development Director further finds and concludes that: Planned Development Permit Finding (CMC Sec. 21.12.030.H.6): 9. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; 10. The proposed development will be compatible with the general plan and will aid in the harmonious development of the immediate area; 11. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; 12. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole; and Attachment #1 Page 2 of 2 Environmental Assessment Finding (CMC Sec. 21.38.050.A): 13. This project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing of an existing private structure. Attachment #2 CONDITIONS OF APPROVAL OF FILE NO. PLN2019-190 SITE ADDRESS: 1725 S. Bascom Avenue, Suite 1100 APPLICANT: Jimmy Chang OWNER: Revere Residences, LLC DATE: November 12, 2019 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 DIVISION 1. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2019-190) to allow the establishment of a 2,040 sq. ft. café (coffee shop; d.b.a. Big Mug) within an existing commercial tenant space located at 1725 S. Bascom Avenue, Suite 1100. The project shall substantially conform to the Project Plans stamped as received on October 1, 2019 and on October 25, 2019 (Sheet A2.2), Written Description stamped as received on October 1, 2017, and Outdoor Furniture Exhibit stamped as received on October 25, 2019 except as may be modified by the Conditions of Approval contained herein. 2. Permit Approval Expiration: The Administrative Planned Development Permit approval shall be valid for one year from the date of final approval. Within this one-year period all conditions of approval shall be fulfilled and the use established. Failure to meet this deadline will result in the Administrative Planned Development Permit being void. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Administrative Planned Development Permit approved herein. 3. Revocation of Permit: Operation of a café use pursuant to the Administrative Planned Development Permit approved herein is subject to Chapter 21.68 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Administrative Planned Development Permit if it is determined that its operation has become a nuisance to the City’s public health, safety or welfare or for violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Administrative Planned Development Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an Attachment #2 Page 2 of 6 action. In exercising this authority, the decision-making body may consider the following factors, among others: a. The number and types of noise or odor complaints at or near the establishment that are reasonably determined to be a direct result of patrons actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval. 4. Operational Standards: Consistent with the submitted Project Descriptions and City standards, any café operating pursuant to the Administrative Planned Development Permit approved herein shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of a Modification to the Administrative Planned Development Permit. a. Maximum Occupancy: A maximum of four (4) staff shall be permitted on the premises at any time, subject to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). It is the responsibility of the business owner to provide adequate entrance controls to ensure that staff occupancy is not exceeded. Maximum Occupancy signs shall be posted conspicuously within the premises; including a sign indicating the maximum number of staff permitted for the use at any time. b. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours' all patrons shall have exited the premises. By the end of “Operational Hours” all employees, janitorial activities, and operational activities are to cease with no exception. By the end of the 'Operational Hours' all employees shall be off the premises and any outdoor furniture shall be brought indoors. Operational Hours (staff cleanup/setup) Business Hours (open to public) 6:00 a.m. – 10:00 p.m. (daily) 6:00 a.m. – 10:00 p.m. (daily) These hours are restricted in perpetuity. c. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. d. Noise: Outdoor speakers are prohibited. Unreasonable levels of noise, sounds and/or voices, including but not limited to indoor amplified sounds, indoor loud speakers, sounds from indoor audio sound systems or music, and/or indoor public address system or fitness equipment, generated or used by the establishment or its participants shall not be audible to a person of normal hearing capacity from outside the enclosed tenant space. In the event that a verifiable complaint is received by the City regarding noise, the Community Development Director may reduce the permitted occupancy, limit the hours of operation, limit the permissible decibels, limit the type of equipment permitted, and/or forward the project to the Planning Commission for review. Attachment #2 Page 3 of 6 e. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. f. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." g. Tenant Space Orientation: The business’s main entrance shall be located along the building’s S. Bascom Avenue frontage. Customers shall not enter through the side door or rear access corridor. h. Business License: The business shall be required to obtain and maintain a City business license at all times. i. Front Entry: The front entry door (facing S. Bascom Avenue) shall remain open (i.e. unlocked and accessible) at all times the business is open to the public. 5. Storefront Windows & Doors: At no time shall an obscure wall or barrier (i.e. drapery, window tinting, blinds, furniture, inventory, shelving units, storage of any kind, or similar) be installed along, behind or attached to exterior windows or doorways that blocks visual access to the tenant space or blocks natural light. Further, during business hours the front entry door (facing S. Bascom Avenue) shall remain open. 6. Outdoor Furniture: The outdoor furniture shall either match the furniture included as an exhibit and/or be subject to review and approval by the Community Development Director. The placement of any outdoor furniture shall not block any required ingress/egress routes or accessible paths of travel. Outdoor furniture shall also be brought indoors outside of operational hours. 7. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also include the public right-of-way adjacent to the business. Trash receptacles shall be maintained within their approved enclosures at all times. 8. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. 9. Signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. All signage shall be installed and maintained pursuant to a Master Sign Program. No window signs or advertisement posters or placards, shall be permitted unless specifically allowed by the Master Sign Program. 10. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without Attachment #2 Page 4 of 6 providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 11. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 12. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Parking spaces shall be free of debris or other obstructions. 13. Occupancy: Prior to occupancy of the prospective tenant space by any café use operating pursuant to the Administrative Planned Development Permit approved herein shall obtain all required clearances from Planning, Building, Fire, and Public Works. 14. Compliance with Other Conditions of Approval: The proposed use shall be in compliance with all other conditions of approval for the Revere development, including Ordinance 2156 and other approved permits for the site, except as explicitly allowed by the subject Administrative Planned Development Permit. 15. Parking Management Plan: Prior to occupancy the applicant will demonstrate compliance with the approved Parking Management Plan for Revere. BUILDING DIVISION 16. Permits Required: A building permit application shall be required for the proposed Tenant Improvements to the (e) vacant commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 17. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 18. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 19. 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. 20. 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. Attachment #2 Page 5 of 6 21. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 22. 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 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 23. Non-Point Source: 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. 24. 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. 25. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. Santa Clara County of Environmental Health 26. 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. 27. Storm Water Requirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. FIRE DEPARTMENT 28. Formal Plan Review: Review of this development proposal is limited to accessibility 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 Division all applicable construction permits. 29. Fire Sprinklers: (As noted on Sheet 1.0) This building is equipped with a fire sprinkler system. Any modifications to the structure may require modification of the fire sprinkler system and will be determined during architectural review. A State of California licenses (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and Attachment #2 Page 6 of 6 appropriate fees to this department for review and approval prior to beginning their work. Call (408) 378-4010 for more information. 30. Fire Alarm System: (As noted on Sheet 1.0) This building is equipped with a fire alarm system. Any modifications to the structure may require modification of the fire alarm system and will bd determined during architectural review. Any modifications to the current system will require submittal of shop drawings (3 sets) and a permit application to the Fire Prevention Division for review and approval before installing the system. Call (408) 378-4010 for more information. 31. Commercial Kitchen Hood/Suppression System: Cooking that produces steam or grease laden vapors may require installation of a Type I or Type II Commercial Hood System and will be determined during architectural review. If required, shop drawings (3 sets) and a permit application shall be submitted to the Fire Prevention Division for review and approval before installing the system. Call (408) 378-4010. 32. Exiting: (as noted on Sheet 1.0) All required exists and paths of egress shall be kept unobstructed and maintained at all times. 33. Fire Lanes and Hydrants: (As noted on Sheet 1.0) All fire lanes shall be maintained and unobstructed access provided to fire hydrants and other fire protection equipment at all times. 34. Construction Site Safety: (As noted on Sheet 1.0) All construction sites must comply with applicable provision of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 35. No Violation: This review shall note be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, CH.1, 105.4.6]