PC Res 4725
RESOLUTION NO. 4725
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION OF A
PREVIOUSLY APPROVED CONDITIONAL USE PERMIT WITH SITE
AND ARCHITECTURAL REVIEW TO REVISE A CONDITION OF
APPROVAL THAT REQUIRED CONSTRUCTION OF A PARKING LOT
SCREENING WALL, IMPOSED AS PART OF AN APPROVED
REMODEL OF TWO COMMERCIAL BUILDINGS RELATED TO THE
ESTABLISHMENT OF A NEW RESTAURANT, ON PROPERTY
LOCATED AT 220 E. CAMPBELL AVENUE AND 22 S. 2ND STREET.
FILE NO.: PLN-2024-147
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 did find as follows with regard to application PLN-2024-147:
1. The Project Site is composed of two parcels, located at the southeast corner of East
Campbell Avenue and South Second Street in Downtown Campbell.
2. The Project Site is within the CB-MU (Central Business Mixed-Use) Zoning District and
within the Central Business Mixed-Use General Plan Land Use District as depicted on the
City of Campbell Zoning and General Plan Maps, respectively.
3. On January 10, 2023, the Planning Commission adopted Resolution No. 4661 approving
a Conditional Use Permit with Site and Architectural Review to allow establishment of a
new restaurant ("pedestrian-oriented activity") with a full-service bar ("liquor
establishment"), outdoor seating, and "late-night activities" (12:00 AM staff closing);
exterior building alterations including installation of wood cladding, wood trim, tile/stone
accents, a new window and foldable door system, and removal of the former Pilates V
building storefront and barrel tile roofing; and construction of a new trash enclosure and
related parking lot restriping.
4. Finding No. 24 of Resolution No. 4661 stated the following, noting the requirement to
install a parking lot screening wall per the General Plan.
The Proposed Project is required by a Condition of Approval to construct a low-wall along the edge of the
parking lot to shield the sidewalk from vehicular encroachment and to screen the lot from view (in furtherance
of General Plan Strategy LUT-10.1e).
5. Condition of Approval No. 3 required installation of the parking lot screening wall.
6. Following the January 10, 2023, approval of the Conditional Use Permit with Site and
Architectural Review, the City adopted its new 2040 General Plan, which does not contain
an action comparable to former General Plan Strategy LUT-10.1e.
7. For cost and practical considerations, the applicant wishes to seek relief from the
requirement to construct a parking lot screening wall and submitted a request to modify
the previously approved Conditional Use Permit with Site and Architectural Review to
revise the condition of approval that required construction of a parking lot screening wall.
Planning Commission Resolution No. 4725 Page 2 of 3
220 E. Campbell Ave. | 22 S. 2nd St.
Modification (PLN-2024-147)
8. Campbell Municipal Code (CMC) Sec. 21.56.060 specifies that any change that effects a
feature that is “a basis for conditions of approval for the project” constitutes a major change
that may only be approved by the decision-making body who originally approved the
permit. As such, the request not to construct the wall must be considered by the Planning
Commission.
9. Since the 2040 General Plan does not have an "action" or policy comparable to General
Plan Strategy LUT-10.1e, there is no requirement to compel construction of the wall
10. 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.
11. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):
1. The project will be consistent with the general plan;
2. The project will aid in the harmonious development of the immediate area;
3. The project is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
4. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project;
5. There is a reasonable relationship between the use of the fees imposed upon the project
and the type of development project;
6. 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;
Conditional Use Permit Findings (CMC Sec. 21.46.040):
7. The proposed 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 Campbell Municipal Code;
8. The proposed use is consistent with the General Plan;
9. 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 use with uses in the surrounding area;
Planning Commission Resolution No. 4725 Page 3 of 3
220 E. Campbell Ave. | 22 S. 2nd St.
Modification (PLN-2024-147)
10. The proposed site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic the use would be expected to generate;
11. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the subject
property;
12. The establishment, maintenance, or operation of the proposed 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; and
Environmental Finding(s) (CMC Sec. 21.38.050):
13. This action is exempt under Section 15061(b)(3) of the California Environment Quality
Act (CEQA) Guidelines in that it can be seen with certainty that there is no possibility for
the action to have a significant effect on the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification of
a previously approved Conditional Use Permit with Site and Architectural Review to revise a
condition of approval that required construction of a parking lot screening wall, imposed as
part of an approved remodel of two commercial buildings related to the establishment of a
new restaurant, on property located at 220 E. Campbell Avenue and 22 S. 2nd Street, as
follows, with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
3. Plan Revisions: The construction plans submitted for a Building Permit shall (1)
incorporate appropriate notes and details to demonstrate compliance the relevant
requirements of Condition of Approval No. 9 (Operational Standards), (2) show that
the trash enclosure exterior walls will be stuccoed and painted consistent with the
primary building, and (3) show construction of a low screening wall along the edge of
the rear parking lot, the design of which shall be to the satisfaction of the Community
Development Director, and (4) (3) reflect the mural location as depicted in Exhibit B.
PASSED AND ADOPTED this 12th day of November, 2024, by the following roll call vote:
AYES: Commissioners: Zisser, Kamkar, Buchbinder, Krey, Ostrowski, Majewski, Fields
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan ZIsser (Dec 2, 2024 12:49 PST)
Reso 4725 - 220 E Campbell Ave (Doppio Zero)
Final Audit Report 2024-12-06
Created:2024-12-02
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAtAK5_DuxWZZvWmtWWne6nmrtbMGeh3YL
"Reso 4725 - 220 E Campbell Ave (Doppio Zero)" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2024-12-02 - 7:17:58 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-12-02 - 7:18:02 PM GMT
Document emailed to Alan ZIsser (alanzisser@gmail.com) for signature
2024-12-02 - 7:18:03 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-12-02 - 7:28:30 PM GMT
Email viewed by Alan ZIsser (alanzisser@gmail.com)
2024-12-02 - 8:47:11 PM GMT
Document e-signed by Alan ZIsser (alanzisser@gmail.com)
Signature Date: 2024-12-02 - 8:49:24 PM GMT - Time Source: server
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-12-06 - 6:44:40 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-12-06 - 6:44:48 PM GMT - Time Source: server
Agreement completed.
2024-12-06 - 6:44:48 PM GMT