Staff Report (Admin.) 2019.10.xx - 480 E. Hamilton Avenue (PLN2019-20 STAFF RECOMMENDATION That the Community Development Director take the following action:
1. Approve the Administrative Planned Development Permit (PLN2019-200) incorporating the attached findings, formalizing the establishment of a 505 square-foot modular food service
building and café, subject to the attached Conditions of Approval.
ENVIRONMENTAL DETERMINATION Staff recommends that the Community Development Director find that this project is Categorically Exempt under Section 15303 of the California Environmental Quality Act
(CEQA), pertaining to the construction of restaurant or similar structure (i.e. café) not involving
the use of significant amounts of hazardous substances and not exceeding 2,500 sq. ft. in floor area. PROJECT DATA
Type Proposal Allowance/Requirement Compliance
(Y/N)
General Plan Designation General Commercial No Change Y
Zone District Designation Planned Development No Change Y
Net Lot Size >10 acres No Change Y
Building Area 123,062
(102,332 sq. ft. retail bld. + 18,705 sq. ft. garden center + 2,025 sq. ft. food service)
123,4001
(104,600 sq. ft. retail bld. + 18,800 sq. ft. garden center + unspecified food service)
Y
Outdoor Display Area 2,000 sq. ft. (est.) N/A; unrelated to use Y
Food Service Building 505 sq. ft. N/A Y
Food Vendors 1 2 (max) Y
Parking 512 (shared) Y
Hours of Operation Operational Hours
(staff cleanup/setup)
Business Hours
(open to public) Late Night
(Y/N)
(Tenant – Mary’s Deli) 6:30 a.m. to 8:30 p.m. 7:00 a.m. to 8:00 p.m. N
Maximum Allowed Hours 6:00 a.m. to 9:00 p.m. 2 N
1 Established by City Council Ordinance No. 1841 – COA #1 (Approved Project). 2 Established by City Council Ordinance No. 1901 – COA #10 (Food Vendor).
ADMINISTRATIVE ACTION OF THE
COMMUNITY DEVELOPMENT DIRECTOR November 10, 2019
PLN2019-200 Kelly, M.
Application of Mark Kelly for an Administrative Planned
Development Permit (PLN2019-200) formalizing the establishment of a 505 square-foot modular food service building and café (d.b.a. Kelly’s Deli) at 480 E. Hamilton Avenue, in the P-D (Planned Development) Zoning District.
Administrative Planned Development Permit Page 2 of 4 PLN2019-200 – 480 E. Hamilton Avenue
PROJECT DATA
Considerations in review of application3: Y/N
1. Will the traffic generated from the development avoid adverse affects on traffic conditions on
abutting streets? Y
2. Does the layout of the site provide adequate vehicular and pedestrian entrances, exit driveways, and walkways? Y
3. Will the arrangement of off-street parking facilities prevent traffic congestion and adequately meet
the demands of the users? Y
4. Will the location, height, and material of walls, fences, hedges and screen plantings ensure harmony with adjacent development and/or conceal storage areas, utility installations, or other
potentially unsightly elements of the project?
Y
5. Does the project maximize open space around the structures, for access to and around structures, and the establishment and maintenance of landscaping for aesthetic and screening purposes? Y
6. Does the project minimize the unnecessary destruction of existing healthy trees? Y
7. Will the project enhance the overall appearance of the city by improving the appearance of individual development projects within the city? Y
8. Will the project complement the surrounding neighborhoods and produce an environment of stable and desirable character? Y
9. Does the project enhance the city’s character and avoid an adverse aesthetic impact upon existing adjoining properties, the environment, or the city in general? Y
10. Will the project promote the use of sound design principles that result in creative, imaginative solutions and establish structures of quality design throughout the city and which avoid monotony and mediocrity of development?
Y
11. Will the project promote maintenance of the public health, safety, general welfare, and property throughout the city? Y
12. Is the project consistent with the city’s general plan and all applicable design guidelines and special plans? Y
If the answer is “No” to any of the considerations, list the number and response as to how the project can comply with the applicable provisions required pursuant to CMC § 21.12.030.
Number Response
N/A N/A
Background
On May 17, 1994 the City Council adopted Ordinance No. 1901 which allowed for the
establishment of a food vendor adjacent to the front entrance of Home Depot, delegating the exact
location and type of cart to the discretion of the Community Development Director. The Ordinance further specified a maximum range of hours for the service of 6:00 a.m. until 9:00 p.m., limited the use to a maximum of two vendors, and held Home Depot responsible for all clean-up associated with the activity.
On June 21, 1994 the Planning Division approved a small food service cart/stand with a cloth canopy, open sides, and service counter. No associated building permit was discovered.
3 The following considerations generalize and expand on the considerations in review of applications, codified under CMC § 21.12.030, which the decision-making body must consider in review of the subject application.
Administrative Planned Development Permit Page 3 of 4 PLN2019-200 – 480 E. Hamilton Avenue
Figure 1 & 2 – Previously Approved Food Service Cart & Cart Location
In 2007, the City issued a building permit (BLD2007-1118) allowing for the removal and replacement of the existing food service stand with a new 420 sq. ft. building4 which was completed on December 14, 2007. Subsequently, an 85 sq. ft. addition was added to the east side
of the building serving providing additional storage, resulting in a 505 sq. ft. floor area in total.
Figure 3 – Existing 505 sq. ft. Café
Use Description
The submitted application for an Administrative Planned Development Permit would formalize the establishment of a 505 sq. ft. modular food service building and café (d.b.a. Kelly’s Deli).
As depicted in Figure 3 (above) the existing building is comprised of two distinct components.
The first and larger component consists of a 420 sq. ft. prefabricated rectangular 12-foot tall modular building with white walls and an orange fabric skirt and arched canopy awning. The larger component includes a service counter and food prep service areas toward the front (facing north toward the parking lot) and a limited storage area at the rear. The second and smaller
component consists of an 85 sq. ft. site-built rectangular 8-foot tall structure with beige t1-11
siding, a flat roof, and a single white entry door which is oriented toward the parking lot. Inside the smaller structure there are two freezers, and wire shelving for storage of dry goods.
4 The building permit did not specify the exact area approved under the building permit.
Administrative Planned Development Permit Page 4 of 4 PLN2019-200 – 480 E. Hamilton Avenue
At peak operations the café would have two employees and serve the public between the hours of 7:00 a.m. until 8:00 p.m. daily, with operational/staff hours starting 30-minutes earlier and ending 30-minutes later respectively (reference Attachment 4 – Project Description). As conditioned, the facility would be provided flexibility to have both its public and operational
hours occur between the hours of 6:00 a.m. and 9:00 p.m. daily, consistent with the hours established by the City Council (reference Attachment 7 – City Council Ordinance No. 1901; COA #10).
Parking: While the facility adds additional floor area to the site, the business derives most of its
sales from customers visiting Home Depot. Nonetheless, Home Depot provides Outdoor Furniture: As a ‘to-go’ café, the applicant has not proposed any outdoor seating or tables associated with the activity. A condition of approval requires the provision of at least one
trash bin and one recycle bin, with the possibility of requiring a food waste/compost bin in the
future depending on the adoption of state or city regulatory requirements or policies (i.e. in the event all restaurants are required to provide a food waste/compost receptacles in the future).
Public Comments Received Explanation/Response
In response to public noticing staff received one call from a neighboring property owner expressing interest in adding street numbering on the Home Depot monument sign on Salmar Avenue to indicate the ‘Salmar’ address of the property. The aim of adding this sign was to
alleviate confusion of truck drivers attempting to deliver to the 480 Hamilton address by
providing an alternative property delivery address to provide truck drivers. Recognizing such a requirement is outside the permit scope, staff reached out to the Home Depot store manager to explore the concept with their operations and management team, as well as City Emergency response.
Attachments: 1. Findings for Approval 2. Conditions of Approval 3. Location Map
4. Project Description
5. Project Plans 6. City Council Ordinance No. 1841 7. City Council Ordinance No. 1901
Prepared by: Stephen Rose, Associate Planner
Administrative Planned Development Permit Page 5 of 4 PLN2019-200 – 480 E. Hamilton Avenue
Reviewed by:
Paul Kermoyan, Community Development Director
Attachment #1
FINDINGS FOR APPROVAL OF FILE NO. PLN2019-200 SITE ADDRESS: 480 E. Hamilton Avenue APPLICANT: Mark Kelly
OWNER: Campbell Union School District DATE: November 10, 2019 Findings for Approval of an Administrative Planned Development Permit formalizing the establishment of a 505 square-foot modular food service building and café (d.b.a. Kelly’s Deli) at
480 E. Hamilton Avenue.
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 General Commercial General Plan designation.
3. A café would be consistent with the Zoning and General Plan designation with approval of an
Administrative Planned Development Permit.
4. The business would be limited to no more than 4 employees at any one time.
5. The operational hours (staff cleanup/setup) and business hours (public may enter) would occur between the hours of 6:00 a.m. and 9:00 p.m. daily.
6. As conditioned, the establishment will not create a nuisance due to litter, noise, traffic,
vandalism or other factors.
7. As conditioned, the establishment will not significantly disturb the peace and enjoyment of nearby residential neighborhood.
8. This project may be found Categorically Exempt under Section 15303 of the California Environmental Quality Act (CEQA), pertaining to the construction of restaurant or similar
structure (i.e. café) not involving the use of significant amounts of hazardous substances and not exceeding 2,500 sq. ft. in floor area.
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 15303 of the California Environmental Quality Act (CEQA), pertaining to the construction of restaurant or similar structure (i.e. café)
not involving the use of significant amounts of hazardous substances and not exceeding 2,500
sq. ft. in floor area.
Attachment #2
CONDITIONS OF APPROVAL OF FILE NO. PLN2019-200 SITE ADDRESS: 480 E. Hamilton Avenue APPLICANT: Mark Kelly
OWNER: Campbell Union School District DATE: November XX, 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
(PLN2019-200) formalizing the establishment of a 505 square-foot modular food service building and café (d.b.a. Kelly’s Deli) at 480 E. Hamilton Avenue. The project shall substantially conform to the Project Plans and imbedded written description stamped as received by the Planning Division on October 17, 2017, 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 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 action. In exercising this authority, the decision-making body may consider the following factors, among others:
Attachment #2 Page 2 of 5
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 are to cease with no exception. By the end of the 'Operational Hours' all employees shall be off
the premises.
Operational Hours
(staff cleanup/setup)
Business Hours
(open to public)
6:00 a.m. – 9:00 p.m. (daily) 6:00 a.m. – 9:00 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.
e. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering.
Attachment #2 Page 3 of 5
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. Location: The exact location/placement of the food service building shall be
subject to review and approval of the Community Development Director and shall not impede required ingress/egress routes or accessible paths of travel.
h. Business License: The business shall be required to obtain and maintain a City business license at all times.
5. 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. 6. 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.
7. Signage: No signage is approved as part of the development application approved herein. A separate sign permit shall be required to review and approve the existing ‘Kelly’s Deli’ sign within 90-days of the effective date of this permit.
8. 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 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. 9. Outdoor Storage: No outdoor storage is permitted on the subject property for the subject use. No equipment, materials or business vehicles related to the subject use shall be parked and/or
stored outside the building or within the parking lot. 10. 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.
11. 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.
Attachment #2 Page 4 of 5
12. Compliance with Other Conditions of Approval: The proposed use shall be in compliance with all other conditions of approval of all other approved permits for the site, except as explicitly allowed by the subject Administrative Planned Development Permit.
BUILDING DIVISION
13. 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.
14. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in.
16. 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.
17. 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.
18. 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. 19. 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.
20. 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. 21. 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. 22. 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
Attachment #2 Page 5 of 5
c. Santa Clara County 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. 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
25. 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.
Attachment #3
Location Map
Project Site