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Admin PD Permit - 2004June 14,2004 Merlin Horn 96 Park Sharon Drive San Jose, CA 95136 Re: Administrative Planned Development Permit File No.: PLN2004-50 2083 S, Winchester Blvd, Dear Ms, Horn: The Community Development Director has conditionally approved your Administrative Planned Development Permit application to allow the establishment of a video rental and specialty items store in an existing commercial building located at 2083 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. If you should have any questions regarding this approval, please feel free to contact me at (408) 866-2140 or by email at stephaniew@cityofcampbell.com. Sincerely, Stephanie Willsey 0 Planner I End: Administrative Planned Development Permit Approval, dated June 14,2004 Chapter 6.04 (Garbage and Rubbish Disposal) cc: GeoffBradley, Senior Planner De La Roche/Martin Properties, 2075 S. Winchester Blvd., Campbell, CA 95008 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 [,AX 408.866.8381 . TD ) 408.866.2790 JUNE 14, 2004 PLN2004-S0 Horn, M, Application of Merlin Horn for approval of an Administrative Planned Development Permit to allow the establishment of a video rental and specialty items store in an existing commercial building located at 2083 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. PROJECT DESCRIPTION The project consists of the establishment of a video rental and specialty items store in an existing commercial building. No alterations to the exterior of the building are proposed as part of the project. DISCUSSION The subject property is currently developed with a one story, multi-tenant commercial building constructed in approximately 1958, The video rental/specialty items store would occupy an existing 720 square foot tenant space, The subject property is located on the west side of Winchester Boulevard north of West Rincon Avenue. The project site is surrounded by commercial uses to the north, south, and east and a church to the west. The General Plan land use designation for the project site is Central Commercial. The proposed project is compatible with this land use designation, The zoning designation for the project site is P-D (Planned Development). In the P-D Zoning District, an Administrative Planned Development Permit is required for the establishment of a new use in an existing building when no development plans are required. The proposed project would be compatible with the P-D Zoning District with approval of an Administrative Planned Development Permit. The applicant's description indicates that the operational hours will be from 9:00 a,m. to 9:00 p,m, seven days a week and that the store would be owner operated with no additional employees. Parking is provided by a shared parking lot in the front of the strip mall along South Winchester Boulevard, Staff finds that the establishment of the business would not have a detrimental effect on the parking or circulation for the site and there is adequate parking provided to serve both the proposed business and the existing businesses in the other tenant spaces. PLN2004-50 - 2083 S. Wincnester Boulevard Administrative Planned Development Permit Page 2 of2 Attachments: I. Findings for Approval of PLN2004-50 2, Conditions of Approval for PLN2004-50 3, Project Plans Prepared by: j ~auà WI JI Approved by: Stephanie Willsey, Planner I Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO, PLN2004-50 SITE ADDRESS: APPLICANT: DATE: 2083 S, Winchester Boulevard Merlin Horn June 14,2004 Findings for approval of an Administrative Planned Development Permit (PLN2004-50) to allow the establishment of a video rental and specialty items store in an existing commercial building located at 2083 S, Winchester Boulevard. The Community Development Director finds as follows with regard to File No, PLN2004-50: 1, The project consists of the establishment of a video rental and specialty items store in an existing 720 square foot commercial tenant space. 2. The establishment of the video rental and specialty items store will result in a use that is consistent with the Central Commercial General Plan land use designation for the property. 3. The project is consistent with the P-D (Planned Development) Zoning District with approval of an Administrative Planned Development Permit. 4, The existing parking will adequately meet the demands generated by the change in use, and will not be detrimental to the overall parking and circulation in the area, 5. The operational hours of9:00 a,m. to 9:00 p,m, seven days a week are typical of commercial uses in the vicinity. 6. The subject property is surrounded by commercial uses to the north, south, and east and a church use to the west. 7, The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA), Based upon the foregoing findings of fact, the Community Development Director further finds and concludes that: 1. The project is consistent with the City's Zoning Ordinance. 2. 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, 3. The proposed development would be compatible with the General Plan and will aid in the harmonious development of the immediate area. 4. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the City as a whole. Attachment # 1 Page 2 of 2 5. 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. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. 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. PLN2004-50 SITE ADDRESS: APPLICANT: DATE: 2083 S, Winchester Boulevard Merlin Horn June 14,2004 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: COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2004-50) to allow the establishment of a video rental and specialty items store in an existing commercial building located at 2083 S. Winchester Boulevard. The project shall substantially conform to the project exhibits listed below; except as may be modified by the conditions of approval contained herein: a. Site plan dated as submitted to the Planning Division on April 27, 2004. b. Project description and floor plan dated as submitted to the Planning Division on May 25, 2004. 2. Administrative Planned Development 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 a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Administrative Planned Development Permit being void. 3. Operational Hours: The operational hours shall be limited to 6 a.m. to 11 p.m. daily, unless a Conditional Use Permit is obtained from the Planning Commission for late night activities. 4. Revocation of Permit: Operation of the use in violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Administrative Planned Development Permit by the Community Development Director. 5. Parking. Driveways. and Maintenance: All parking and driveway areas shall be maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Attachment #2 Page 2 of 2 Campbell Municipal Code. All parking areas shall be regularly swept and cleaned to remove litter and debris from the parking areas and driveways. 6. 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. 7. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and location of a new trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director. The new enclosure shall be constructed within 60 days from the date of approval of this Administrative Planned Development Permit. All refuse and recycling containers shall be located in an enclosure constructed and consisting of a concrete floor at least six inches in depth, surrounded by a minimum six-foot high masonry wall and having a solid metal gate. The design of the enclosure shall be compatible with the building. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. 8. 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 21.30 of the Campbell Municipal Code. 9. Building Permit: The applicant shall obtain a building permit for construction of the trash enclosure. The building permit shall include Electrical/PlumbingiMechanical fees when such work is part of the permit. Merlin Horn 96 Park Sharon Dr. San Jose, Ca. 95136 (408) 529-0820 June 3, 2004 City of Campbell Community Development Department Re: Administrative P-D Permit File No. PLN2004-50 2083 S. Winchester Blvd In response to your letter dated May 18,2004, application for P-D Permit conditions of approval, I am attaching photos of the proposed site parking lot clearly showing newly painted lines for parking. In regards to the garbage dumpsters to the rear of the building, I have been informed that they are paid by Restaurant 0 and are for use only. I will be taking any garbage from my store off site. Sincerely, " f!}kJvrJ Merlin Horn Merlin Horn 96 Park Sharon Dr. San Jose, Ca. 95136 (408) 529-0820 RECEIVED May 25, 2004 MAY 2 5 2004 CITY OF CAMPBELL PLANNING DEPT. Re: Administrative P-D Permit File No.: PLN2004-50 2083 S. Winchester Blvd. Campbell, Ca. 95008 Pro~ Description Proposed site will be used for rental and sales of Filipino videos and DVD's, in addition to retail sale of Filipino products, such as music CD's, snacks, soft drinks and novelty items, Store hours will be from 9:00 AM to 9:00 PM 7 -days a week excluding holidays, The store will be owner operated with no employees, There will be no modification to the interior of the structure, May 18, 2004 Merlin Horn 96 Park Sharon Drive San Jose, CA 95136 Re: Administrative P-D Permit File No.: PLN2004-S0 2083 S, Winchester Blvd, Dear Ms. Merlin: The Planning Division has reviewed your Administrative P-D Permit application for the establishment of a combined video rental and specialty food store in an existing commercial building located at 2083 S. Winchester Blvd. This application will be considered by the Community Development Director at staff level. Your application has been deemed incomplete. Additional information/documents must be submitted before your application can be deemed complete. These items are as follows: 1. Project Description: Please provide a project description that includes a detailed description of the business operation, number of employees and proposed hours of operation. 2. Floor Plan: Please provide a floor plan of the tenant space including any proposed modifications to the interior of the structure. 3. Code Enforcement: The property owner and business operator of Restaurant "0" were sent a Code Enforcement letter on September 24, 2003, which required them to come into conformance with the City's Zoning Ordinance. The code violations that were listed in this letter have not been abated, The outstanding code violations need to be abated before any further land use entitlements can be issued on the property. Please see the enclosed letter for a list of the outstanding code violations. The business may not open until such time as the violations have been abated, the P-D Permit has been issued and a City business license has been obtained. Please be aware that as part of your Administrative P-D Permit approval there will be required conditions of approval that deal with the hours of operation, signage and other items related to this specific business. However, two of the conditions of approval will be related to the project site. The applicant/property owner will be required to re-stripe the parking lot because the parking lot lines are barely visible and a new trash enclosure will need to be constructed in the rear part of the building to house the existing dumpsters/recycling bins. 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOD 408.866.2790 PLN2004-50 - 2083 S. Winclh~œr Blvd. Page 2 of 2 If you have any questions regarding these comments, please contact me at (408) 866-2193 or by email at stephaniew@citvofcampbell.com. Sincerely, ~ -bepho.uú., W i I ~ Stephanie Willsey Planner I End: Code Enforcement Letter dated 9/24/03 cc: GeoffBradley, Senior Planner De La Roche/Martin Properties, 2075 S. Winchester Blvd., Campbell, CA 95008