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Admin PD - Sals Pizza - 2006January 2, 2007 Mr. Derik Fritsch P.O. Box 110280 Campbell, CA 95011 Re: Administrative Planned Development Permit File No: PLN2006-171 533 E. Campbell Avenue Dear Mr. Fritsch: The Community Development Director has conditionally approved your Administrative Planned Development Permit to allow a change of use from a jewelry store to a restaurant (Sal' s Pizza) in an existing commercial building located at 533 E. Campbell A venue in the .. P-D (Planned Development) Zoning District. This approval is based upon the attached findings and is subject to the attached conditions of approval. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5:00 p.m. on January 16, 2007. If you should have any questions regarding this approval, please do not hesitate to contact me at (408) 866-2193 or by email atkimberlyb@cityofcampbell.com. Sincerely, Kimberly Brosseau Planner II end: Findings and Conditions of Approval for File No. PLN2006-171 cc: Jackie c. Young Lind, Senior Planner Llyod Square Associated, LLC., 54 N. Central Ave. Ste 101, Campbell, CA 95125 70 North First Street . CampbelI, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOD 408.866.2790 Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2006-171 SITE ADDRESS: APPLICANT: DATE: 533 E. Campbell A venue Derik Fritsch, on behalf of Wicked Good Pizza January 2, 2007 Findings for approval of an Administrative Planned Development Permit to allow the establishment of a restaurant in an existing commercial building located at 533 E. Campbell Avenue. The Community Development Director finds as follows with regard to File No. PLN2006-171: 1. The development of the proposed project will result in a use that is consistent with the General Plan land use designation of General Commercial. 2. The project will be consistent with the P-D (Planned Development) zoning district with approval of an Administrative Planned Development Permit. 3. The project site is located on the north side of East Campbell A venue between Foote A venue and Page Street. The project site is surrounded by commercial uses to the south, east, and west and multi-family residential uses to the north. 4. The subject building is currently developed with two single-story, multi-tenant commercial buildings constructed in approximately 1990 under a Planned Development Permit (PD89-07). 5. Building 1 is 5,006 square feet and Building 2 is 12,594 square feet. The proposed restaurant would occupy an existing 1,652 square-foot tenant space in Building 2. 6. The proposed operational hours are Monday through Sunday from 10:00 a.m. to 10:00 p.m. 7. No sale of alcohol is proposed with the project. 8. The proposed project generates a parking demand of 13 parking spaces and the applicant has identified 88 parking spaces on the site plan. 9. The change in use from a retail store to a restaurant will not intensify the site or parking demand and does not require additional parking. Attachment #1 Page 2 of 2 10. No exterior modifications to the building or the site layout are proposed with the project. 11. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New Construction or Conversion of Small Structures) 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 proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The development will be compatible with the Zoning Code of the City. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. The 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. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. 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. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2006-171 SITE ADDRESS: APPLICANT: DATE: 533 E. Campbell Avenue Derik Fritsch, on behalf of Wicked Good Pizza January 2, 2007 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 Planning Division: 1. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2006-171) for the establishment of a restaurant in an existing commercial building located at 533 E. Campbell A venue. The project shall substantially conform to the project plans and project description stamped as received by the Community Development Department on November 13, 2006, except as may be modified by the conditions of approval herein. 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 and all conditions of approval fulfilled (if no building permit is required). Failure to meet these deadlines will result in the Administrative Planned Development Permit being void. 3. 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. Attachment #2 Page 2 of 4 4. Operational Hours: The operational hours shall be limited to 10:00 a.m. to 10:00 p.m. daily. 5. Parking, Driveways, and Maintenance: All parking and driveway areas shall be developed and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. The project site shall maintain a minimum of 13 parking spaces at all times. 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. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing on-site landscaping. 8. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 9. FencesIWalls: Any newly proposed fencing and/or walls shall comply with Section 21.18.060 (Fences, Walls, Lattice, and Screens) of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. 10. Signage: No signage is approved as part of the development applications approved herein. No sign shall be installed until a Sign Permit is approved as specified in the Chapter 21.30 (Signs) of the Campbell Municipal Code. Building Division: 11. Permits Required: A building permit application shall be required fOf the proposed change in use in an existing commercial structure. The building pefmit shall include ElectricallPlumbing/Mechanical fees when such work is part of the permit. 12. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Attachment #2 Page 3 of 4 13. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 14. 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. 15. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. 16. 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. 17. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 18. 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. 19. 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. 20. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 21. 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 4 of 4 22. PG&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. 23. West Valley Sanitation: Applicant is advised to contact West Valley Sanitation District to investigate their requirements for grease interceptors that may be required for the proposed food establishment. January 2, 2006 PLN2006-171 Fritsch D. Application of Mr. Derik Fritsch, on behalf of Wicked Good Pizza Company, for an Administrative Planned Development Permit for a change of use from a jewelry store to a restaurant (Sal' s Pizza) in an existing commercial building located at 533 E. Campbell Avenue in the P-D (Planned Development) Zoning District. PROJECT DESCRIPTION The project consists of a change in use from retail Gewelry Box) to a restaurant (Sal's Pizza) in an existing one story commercial building located at 533 E. Campbell Avenue. No exterior modifications to the building are proposed. Street improvements including new driveway approaches and curb, gutter and sidewalk are proposed with this application. BACKGROUND The subject building IS currently developed with two multi-tenant commercial buildings (single-story) constructed in approximately 1990 under a Planned Development Permit (PD 89-07, approved on October 3, 1989). The proposed restaurant would occupy an existing 1,652 square-foot tenant space in Building 2. The tenant space was previously occupied by a retail store (the Jewelry Box). The project site is located on the north side of East Campbell Avenue between Foote A venue and Page Street. The project site is surrounded by commercial uses to the south, east, and west and multi-family residential uses to the north. ANALYSIS General Plan: The General Plan land use designation for the project site is General Commercial. The proposed restaurant is compatible with this land use designation. Page 2 of 2 Zoning: The zoning designation for the project site is P-D (Planned Development). An Administrative Planned Development Permit is required for a change of use in an existing building within the P-D zoning district. Use: The applicant's project description (Attachment #3) indicates that the proposed restaurant will have seating for 39 patrons. The restaurant will serve Boston style pizza, soft drinks and salads. No alcohol will be sold. The proposed hours of operation are Monday through Sunday from 10:00 a.m. to 10:00 p.m. Parking: The existing three commercial buildings were approved with a total of 88 parking spaces under site approval PD 89-07. The applicant has identified 88 parking spaces on the site plan. Based on the City's current parking requirements, one parking space is required for every three seats in the restaurants. The proposed project generates a parking demand of 13 parking spaces. The change in use from a retail store to a restaurant will not intensify the site or parking demand and does not require additional parking. Attachments: 1. Findings for Approval of PLN2006-171 2. Conditions of Approval for PLN2006-171 3. Applicant's Project Description 4. Project Plans Prepared by: dd - - _ ~:.::~ Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2006-171 SITE ADDRESS: APPLICANT: DATE: 533 E. Campbell Avenue Derik Fritsch, on behalf of Wicked Good Pizza January 2, 2007 Findings for approval of an Administrative Planned Development Permit to allow the establishment of a restaurant in an existing commercial building located at 533 E. Campbell Avenue. The Community Development Director finds as follows with regard to File No. PLN2006-171 : 1. The development of the proposed project will result in a use that is consistent with the General Plan land use designation of General Commercial. 2. The project will be consistent with the P-D (Planned Development) zoning district with approval of an Administrative Planned Development Permit. 3. The project site is located on the north side of East Campbell A venue between Foote Avenue and Page Street. The project site is surrounded by commercial uses to the south, east, and west and multi-family residential uses to the north. 4. The subject building is currently developed with two single-story, multi-tenant commercial buildings constructed in approximately 1990 under a Planned Development Permit (PD89-07). 5. Building 1 is 5,006 square feet and Building 2 is 12,594 square feet. The proposed restaurant would occupy an existing 1,652 square-foot tenant space in Building 2. 6. The proposed operational hours are Monday through Sunday from 10:00 a.m. to 10:00 p.m. 7. No sale of alcohol is proposed with the project. 8. The proposed project generates a parking demand of 13 parking spaces and the applicant has identified 88 parking spaces on the site plan. 9. The change in use from a retail store to a restaurant will not intensify the site or parking demand and does not require additional parking. Attachment #1 Page 2 of 2 10. No exterior modifications to the building or the site layout are proposed with the project. 11. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New Construction or Conversion of Small Structures) 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 proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The development will be compatible with the Zoning Code of the City. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. The 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. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. 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. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2006-171 SITE ADDRESS: APPLICANT: DATE: 533 E. Campbell A venue Derik Fritsch, on behalf of Wicked Good Pizza January 2, 2007 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 Planning Division: 1. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2006-171) for the establishment of a restaurant in an existing commercial building located at 533 E. Campbell A venue. The project shall substantially conform to the project plans and project description stamped as received by the Community Development Department on November 13, 2006, except as may be modified by the conditions of approval herein. 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 and all conditions of approval fulfilled (if no building permit is required). Failure to meet these deadlines will result in the Administrative Planned Development Permit being void. 3. 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. Attachment #2 Pa~e 2 of 4 4. Operational Hours: The operational hours shall be limited to 10:00 a.m. to 10:00 p.m. daily. 5. Parking, Driveways, and Maintenance: All parking and driveway areas shall be developed and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. The project site shall maintain a minimum of 13 parking spaces at all times. 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. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing on-site landscaping. 8. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Section 21.18.060 (Fences, Walls, Lattice, and Screens) of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. 10. Signage: No signage is approved as part of the development applications approved herein. No sign shall be installed until a Sign Permit is approved as specified in the Chapter 21.30 (Signs) of the Campbell Municipal Code. Building Division: 11. Permits Required: A building permit application shall be required for the proposed change in use in an existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 12. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Attachment #2 Page 3 of 4 13. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 14. 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. 15. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. 16. 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. 17. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 18. 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. 19. 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. 20. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 21. 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 4 of 4 22. PG&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. 23. West Valley Sanitation: Applicant is advised to contact West Valley Sanitation District to investigate their requirements for grease interceptors that may be required for the proposed food establishment. December 21, 2006 NOTICE OF ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT APPLICATION FOR CHANGE OF USE Notice is hereby given that the Community Development Director of the City of Campbell has received an application for an Administrative Planned Development Permit for Change of Use. File No.: PLN2006-171 Applicant: Project Address: Zoning District: General Plan: Mr. Derik Fritsch 533 E. Campbell Avenue PD (Planned Development) General Commercial Project Description: Change of use from retail to restaurant (SaPs Pizza) The ten day comment period for this application shall begin on December 21, 2006 and end on January 2, 2007. Any comments regarding this application shall be submitted in writing to the Planning Division before 5:00 p.m. on January 2. 2007 as a decision will be rendered after this date. A Public Hearing will be held at 4:00 p.m. on Tuesday January 2, 2007 in the Planning Conference Room. Decisions by the Community Development Director are final in 10 calendar days following the date of approval, unless an appeal is received in writing at the City of Campbell City Clerk's Office, 70 N. First Street, Campbell, prior to the end of the appeal period. A written appeal must be accompanied with the required $100 appeal filing fee. Questions or comments regarding this application may be addressed to Kimberly Brosseau, Planner II, in the Community Development Department at (408) 866-2140. 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOD 408.866.2790