Mod to UP - Starbucks - 2004August 25,2004
Zeden Jones, Starbucks Coffee Company
455 North Point, 2nd Floor
San Francisco, CA 94133
Re:
PLN2004-93-l820 W. Campbell Avenue-Modification to Use Permit -- Starbucks
Dear Applicant:
Please be advised that at its meeting of August 24, 2004, the Planning Commission adopted
Resolution No. 3581 approving a Modification to a previously approved Conditional Use Permit
to allow early morning operational hours 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, September 3, 2004. 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 is set forth.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Melinda Denis
Planner I
Cc:
Ed Arango, Public Works
Frank Mills, Building
Chris Veargason, County Fire
Kirkorian Enterprises (Property Owners)
1630 W. Campbell Avenue
Campbell, CA 95008
70 North First Street
Campbell, California 95008- I 436
TU 408,866,2 40
FAX 408,871.5140 ' IlJIJ 408,866.2790
RESOLUTION NO. 3581
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2004-93)
TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP 95-
18) TO ALLOW EARLY MORNING ACTIVITIES WITHIN AN
EXISTING COFFEE SHOP AND CAFÉ ON PROPERTY OWNED BY
KIRKORIAN DEVELOPMENT LOCATED AT 1820 W. CAMPBELL
AVENUE, SUITE B, IN A C-I-S (NEIGHBORHOOD COMMERCIAL)
ZONING DISTRICT, APPLICATION OF MR. ZEDEN JONES, ON
BEHALF OF STARBUCKS COFFECT COMPANY, FILE NO.:
PLN2004-93 ,
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 PLN2004-93:
1. The proposed late night activities is consistent with the General Plan land use designation of
Neighborhood Commercial and the C-I-S (Neighborhood Commercial) Zoning District.
2. The project site consists of a 19,437 square foot lot, developed with 4,464 square feet of
building area, 5,890 square feet oflandscaping, and 9,083 square feet of paving.
3. The completed project would consist of a 1,725 square foot tenant space within an existing
4,455 square foot multi-tenant commercial building.
4. The subject property is surrounded by single-family residences to the north, multi-family
residential to the south, multi-tenant commercial uses to the east, and a gas station to the
west.
5, The proposed project provides 20 indoor seats and 12 outdoor seats for a total of32 seats.
6. The hours of operation shall be restricted to 4:30 a.m, to 10:30 p,m. daily for employees and
5:00 a.m, to 10:00 p,m. daily for the coffee shop open to the public.
7. The proposed project is consistent with other developments and uses in the surrounding area.
8. The project qualifies as a Categorically Exempt project per Section 15301, Class l(a)
(Existing Facilities) of the California Environmental Quality Act (CEQA),
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resolution No, 3581
PLN2004-93 - 1820 W, Campbell Avenue - Modification to Use Permit -- Starbucks
Page 2
1. The proposed site is adequate in size and shape to accommodate the proposed use and the
applicant has indicated that appropriate supervision will be provided to conduct the business
in a complementary manner,
2. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate,
3, The proposed establishment, as conditioned, is compatible with the adjacent land uses and
the surrounding neighborhood,
4. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
5. 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.
6, There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Modification (pLN2004-93) to a previously approved Conditional Use Pennit (UP 95-18) to
allow early morning operational hours within an existing coffee shop on property owned by
Kirkorian Development located at 1820 W. Campbell Avenue in a C-l-S (Neighborhood
Commercial) Zoning District, subject to the following conditions,
Where approval by the Director of Community Development, 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 a Modification (PLN2004-93) to a previously
approved Conditional Use Permit (UP 95-18) to allow late night activities within an existing
coffee shop and café located at 1820 W. Campbell Avenue, Suite B. Approval shall
substantially confonn to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein:
a, Project plans prepared by Starbucks Coffee Company, including a site plan, floor plans,
and elevations stamped as received by the Planning Division on July 23, 2004,
Planning Commission Resolution No. 3581
PLN2004-93 - 1820 W, Campbell Avenue - Modification to Use Permit -- Starbucks
Page 3
2. Approval Expiration: The Modification approval shall be valid for one year from the date of
final approval. Within this one-year period the use must be established on the property and
conditions of approval satisfied, Failure to establish such use within one year from the date
of final approval or to satisfy the conditions of approval will result in the Modification being
void.
3. Revocation of Permit: Operation of the use in violation of the Conditional Use Pemlit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission,
4. Propertv 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.
5. 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.
6. Hours of Operation: The hours of operation shall be restricted to 4:30 a.m. to 10:30 p.m.
daily for employees and 5:00 a,m, to 10:00 p,m. daily for the coffee shop open to the public,
7. Previous Conqitions of Approvat All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3003 and 3004 for approval of the Use
Permit (UP 95-18), except as herein modified by the conditions of approval for the
Modification.
8. Noise:
a, Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property,
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director may immediately modify the hours of operation
and/or limit the extended hours of operation, subject to the project being brought back to
the Planning Commission for review.
9. Signs: No signage is permitted as part of the development application approved herein. New
signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53
of the Campbell Municipal Code,
Planning Commission Resolution No. 3581
PLN2004-93 -1820 W. Campbell Avenue - Modification to Use Pennit -- Starbucks
Page 4
PASSED AND ADOPTED this 24th day of August, 2004, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley,
Roseberry
None
Gibbons
None
Francois, Hernandez, Rocha and
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED: .
AITEST: ~ ~
/' Sharon Fierro, Secretary
ITEM NO, 2
CITY OF CAMPBELL. PLANNING COMMISSION
Staff Report' August 24, 2004
PLN2004-93
Jones, Z,
Public Hearing to consider the application of Mr. Zeden Jones, on behalf of
Starbucks Coffee Company, for a Modification (PLN2004-93) to a
previously approved Conditional Use Pennit (UP 95-18) to allow late night
activities within an existing coffee shop and cafe on property owned by
Kirkorian Development located at 1820 W. Campbell Avenue, Suite B, in a
C-I-S (Neighborhood Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, approving a Modification (PLN2004-
93) to a previously approved Conditional Use Permit (UP 95-18) to allow late night activities
within an existing coffee shop and cafe, subject to the attached conditions of approval.
ENVIRONMENT AL DETERMINATION
Staff recommends that the Planning Commission find that this project is Categorically Exempt
under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to
minor alterations of existing private structures.
PROJECT DATA
Site Data:
Net Lot Area:
.44 acres
19,437 sq. ft.
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
23%
30%
47%
4,464 sq. ft.
5,890 sq. ft.
9,083sq. ft.
Building Area:
Multi-tenant retail building:
Tenant space:
4,455 sq. ft.
1,725 sq. ft. (39 %)
Seating Capacity:
20 (indoor) + 12 (outdoor) = 32 total seats
Operational Hours:
4:30 a.m. to 10:30 p.m. daily (employees)
5:00 a.m. to 10:00 p.m. daily (coffee shop)
Adjacent Land Uses:
North:
South:
East:
West:
Single- Family Residential
Multi-Family Residential
Multi-tenant Commercial
Gas Station
Staff Report - Planning Commission Meeting of August 24, 2004
PLN2004-93 -1820 W. Campbell Avenue, Suite B
Page 2 of3
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a Modification (PLN 2004-93) to a
previously approved Conditional Use Permit (UP 95-18) to allow late night activities within an
existing coffee shop and café located at l820 W. Campbell Avenue, Suite B.
Property Description: The coffee shop and café is located in a tenant space adjacent to Kirkwood
Animal Hospital within the Kirkwood Plaza Shopping Center. The tenant space is located on the
southeast corner of Fulton Road and West Campbell Avenue and is surrounded by single-family
residences to the north, multi-family residences to the south, multi-tenant commercial to the east,
and a gas station to the west.
Background: The Planning Commission previously approved a Conditional Use Permit (UP 95-18)
for the coffee shop and café. Resolution No. 3003 approved on-sale beer and wine sales and
Resolution No. 3004 approved an adjustment in parking ratios to allow additional interior and
exterior seating.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is
Neighborhood Commercial. The proposed addition of late night activities within the existing coffee
shop and café are consistent with this land use designation.
Zoning Designation: The zoning designation for the project site is C-I-S (Neighborhood
Commercial). The C-I-S Zoning District allows late night activities occurring between 11 :00 p.m.
and 6:00 a.m. with approval of a Conditional Use Permit. The proposed project will be consistent
with the Zoning Ordinance with approval of a Conditional Use Permit.
Extended Operational Hours: The applicant is requesting approval to open the coffee shop and café
at 5:00 a.m. seven days per week to the public. Employees will arrive approximately one-half hour
prior to opening at 4:30 a.m. seven days per week. Due to the location of the coffee shop and café
within an existing commercial shopping center and the distance of the site from residential uses,
staff does not anticipate that the proposed hours of operation will impact the surrounding residential
neighborhood relative to noise and traffic.
A condition of approval has been added that allows for review of the Conditional Use Permit by the
Planning Commission if verified complaints are received by the City. If staff is unable to
immediately resolve the matter with the business owner/operator, the Community Development
Director may immediately modify the hours of operation and/or limit the extended hours of
operation, subject to the project being brought back to the Planning Commission for review.
Exterior Modifications: No exterior modifications to the building or project site are proposed in
conjunction with the late night operations request.
Site and Architectural Review Committee: The Site and Architectural Review Committee did not
review this application, as there are no changes proposed to the exterior of the building or site
configuration.
Staff Report - Planning Commission Meeting of August 24, 2004
PLN2004-93 - 1820 W. Campbell Avenue, Suite B
Attachments:
1. Findings for Approval of File No. PLN2004-93
2. Conditions of Approval for File No. PLN2004-93
3. Applicant's Letter
4. Exhibits (Site Plan, Floor Plan, and Elevations)
5. Location Map
Prepared bytfti~Y!1 ~
elmda M. Denis, Planner I
Approved by:
Page 3 of 3
Attachment #1
FINDINGS FOR APPROVAL OF FILE NO, PLN2004-93
SITE ADDRESS:
APPLICANT:
DATE:
1820 W. Campbell Avenue, Suite B
Zeden Jones on behalf of Starbucks Coffee Company
August 24, 2004
Findings for approval of a Modification (PLN2004-93) to a previously approved Conditional Use
Permit (UP 95-18) to allow late night activities within an existing coffee shop and cafe at 1820
W. Campbell Avenue, Suite B.
The Planning Commission finds as follows with regard to File No. PLN2004-93:
1. The proposed late night activities is consistent with the General Plan land use designation of
Neighborhood Commercial and the C-1-S (Neighborhood Commercial) Zoning District.
2. The project site consists of a 19,437 square foot lot, developed with 4,464 square feet of
building area, 5,890 square feet oflandscaping, and 9,083 square feet of paving.
3. The completed project would consist of a 1,725 square foot tenant space within an existing
4,455 square foot multi-tenant commercial building.
4. The subject property is surrounded by single-family residences to the north, multi-family
residential to the south, multi-tenant commercial uses to the east, and a gas station to the
west.
5. The proposed project provides 20 indoor seats and 12 outdoor seats for a total of 32 seats.
6. The hours of operation shall be restricted to 4:30 a.m. to 10:30 p.m. daily for employees and
5:00 a.m. to 10:00 p.m. daily for the coffee shop open to the public.
7. The proposed project is consistent with other developments and uses in the surrounding area.
8. The project qualifies as a Categorically Exempt project per Section 15301, Class l(a)
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed site is adequate in size and shape to accommodate the proposed use and the
applicant has indicated that appropriate supervision will be provided to conduct the business
in a complementary manner.
2. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
3. The proposed establishment, as conditioned, is compatible with the adjacent land uses and
the surrounding neighborhood.
Attachment # 1
Page 2 of2
4. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
5. 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.
6. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
Attachment #2
CONDITIONS OF APPROVAL FOR FILE NO, PLN2004-93
SITE ADDRESS:
APPLICANT:
DATE:
1820 W. Campbell Avenue, Suite B
Zeden Jones on behalf of Starbucks Coffee Company
August 24, 2004
The applicant is hereby notified, as part of this application, that (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, 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 items under review.
Additionally, the applicant is hereby notified that (s)he 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 a Modification (PLN2004-93) to a previously
approved Conditional Use Permit (UP 95-18) to allow late night activities within an existing
coffee shop and café located at 1820 W. Campbell Avenue, Suite B. Approval shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein:
a. Project plans prepared by Starbucks Coffee Company, including a site plan, floor
plans, and elevations stamped as received by the Planning Division on July 23, 2004.
2. Approval Expiration: The Modification approval shall be valid for one year from the date of
final approval. Within this one-year period the use must be established on the property and
conditions of approval satisfied. Failure to establish such use within one year from the date
of final approval or to satisfy the conditions of approval will result in the Modification being
void.
3. 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 the Conditional Use Pennit by the Planning Commission.
4. 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.
5. 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.
Conditions of Approval- r tanning Commission Meeting of August L4, 2004
PLN2004-93 -1820 W. Campbell Avenue, Suite B
Page 2 of 2
6. Hours of Operation: The hours of operation shall be restricted to 4:30 a.m. to 10:30 p.m.
daily for employees and 5:00 a.m. to 10:00 p.m. daily for the coffee shop open to the public.
7. Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3003 and 3004 for approval of the Use
Permit (UP 95-18), except as herein modified by the conditions of approval for the
Modification.
8. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director may immediately modify the hours of operation
and/or limit the extended hours of operation, subject to the project being brought back to
the Planning Commission for review.
9. .s.iw: No signage is permitted as part of the development application approved herein. New
signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53
of the Campbell Municipal Code.
Attachment #3
RECEIVED
July 23, 2004
JUL 2 3 2004
CITY OF CAMPBELL
PLANNING D-EPT,
Melinda Denis
Planner I
Community Development Department
Building Division
City of Campbell
70 North First Street
Campbell, CA 95008
RE:
Modification to a previous Use Pennit (95- I 8)
Starbucks Coffee, 1820 W. Campbell Ave. #B, Campbell, CA
Dear Melinda:
The purpose of this letter is to provide a Written Statement to explain our application for a
Modification to the previous Use Pennit approval (UP 95-18). Starbucks Coffee will occupy a
tenant space previously occupied by Barda's Coffee & Café. Hence, neither a change in use nor
any impact to the existing parking/traffic is necessary.
Starbucks Coffee Company is a small coffee house that is company-operated. We hire local
residents and offer our partners (employees) great compensation and incentives. We will schedule
4 employees per shift at our peak hours. Our standard hours of operation are fÌom 5am to 10pm;
thus, we are fonnally requesting Planning Commission's approval to grant a modification to the
existing Use Pennit so that we may open one hour earlier.
If you have any questions or concerns as we construct and open our store, feel fÌee to call me on
my cell phone (415) 606-4908, which is the best way to contact me. Thank you for your
attention.
Sincerely,
~
Construction Manager
Starbucks Coffee Company
455 North Point, San Francisco, CA 94133
(415) 241-0256 x.2293 (415) 227-9991 fax
TO: Amy Fernandez
Starbucks Coffee Company
FAX NUMBER: (415) 865-0651
FROM: Melinda M Denis
Planner I
PAGES: 6 (including cover)
RE: 1821 W Campbell Avenue Store
DATE: February 22,2005
0 URGENT
I&J FOR REVIEW 0 PLEASE COMMENT
0 PLEASE REPLY
NOTES/COMMENTS:
Amy,
Per our phone conversation this afternoon, here is the information regarding the Campbell
Starbucks at 1821 W Campbell Avenue at Kirkwood Plaza.
The property is located in the C-1 (Neighborhood Commercial) Zoning District. The standard hours
of operation for the C-1 Zoning District are from 6:00am to 11:00pm daily. Hours of operation
include store hours, deliveries, clean-up, employee arrival/departure, etc. Any activity outside of
those hours requires approval of a Conditional Use Permit. Starbucks went through the Use Permit
process to modify the hours of operation to 4:30am to 10:30pm for the employees and 5:00am to
1 0:00pm for the coffee shop. To sum everything up, there should be no deliveries or any activity
inside or outside the coffee shop between 11 :OOpm and 4:30am.
I have attached the conditions of approval for your review. Please feel free to contact me if you
have any questions at (408) 866-2142 or by email at melindad@citvofcampbell.com. I will be taking
an extended maternity leave of absence beginning Monday, February 28th. I may be checking my
email from time to time if you have any questions that do not require immediate attention.
Otherwise you can reach one of the other Planners at (408) 866-2140 in my absence. I will be
returning to work on Monday, August 29, 2005.
Thanks,
"'-
,-J11t Ii «t!r V
70 N. FIRST STREET. CAMPBELL, CA. 95008 . TELEPHONE 408.866.2140 .FACSIMILE 408.866.5140
August 10, 2004
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, August 24, 2004, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the
application of Mr. Zeden Jones, on behalf of Starbuck's Coffee Company, for a Modification
(PLN2004-93) to a previously-approved Conditional Use Permit (UP 95-18) to allow late night
activities within an existing coffee shop and café on property owned by Kirkorian Development
located at 1820 W. Campbell Avenue, Suite B, in a C-I-S (Neighborhood Commercial) Zoning
District. Staffis recommending that this project be deemed Categorically Exempt under CEQA.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above proj ect in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing. Questions may be addressed to the Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2004-93
Address: 1820 W. Campbell Avenue, Suite B
70 North First Street. Campbell, California 95008.1436 . lEI 408.866.2140 . fAX 408.871.5140 . TI) ) 408.866.2790