Loading...
Admin PD - 2006July 6, 2006 Phil and Judy Marcus 1578 Sabina Way San Jose, CA 95118 Re: Administrative Planned Development Permit File No: PLN2006-68 841 W. Hamilton Avenue Dear Mr. and Mrs. Marcus: The Community Development Director has conditionally approved your Administrative Planned Development Permit to allow the establishment of a retail store with an adult novelty component, Pandoras Box, in an existing commercial building located at 841 W. Hamilton 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 Monday, July 17, 2006. If you should have any questions regarding this approval, please do not hesitate to contact me at (408) 866-2142 or by email atmelindad@cityofcampbell.com. end: Findings and Conditions of Approval for File No. PLN2006-68 cc: N Speno Et AI, 1142 S. Winchester Blvd., San Jose, CA 95128 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TDO 408.866.2790 July 6, 2006 PLN2006-68 Marcus, P. & Marcus, J. Application of Mr. Phil Marcus and Ms. Judy Marcus on behalf of Pandoras Box for an Administrative Planned Development Permit to allow the establishment of a retail store with an adult novelty component in an existing commercial building located 841 W. Hamilton Avenue in the P-D (Planned Development) Zoning District. PROJECT DESCRIPTION The project consists of the establishment of a retail store with an adult novelty component in an existing commercial building located at 841 W. Hamilton Avenue. The proposed modifications include interior improvements to the proposed tenant space. BACKGROUND The subject building is currently developed with three, single-story, multi-tenant commercial buildings constructed in approximately 1973 under a Planned Development Permit (PD 73-2), adopted on June 25, 1973 by Ordinance No. 896. Building 1 is 2,160 square feet, Building 2 is 9,680 square feet, and Building 3 is 3,920 square feet. The proposed project will occupy 2,840 square feet of Building 3. The tenant space was previously occupied by the Westgate T.V. Stereo as a retail store and service center. The project site is located on the north side of West Hamilton Avenue between Darryl Drive and Marathon Drive. The project site is surrounded by commercial uses to the north, south, east, and west. PLN2006-68 - 841 W. HamIlton Avenue Administrative Planned Development Permit Page 2 of 2 ANALYSIS The General Plan land use designation for the project site is General Commercial and the project is compatible with this land use designation. The zoning designation for the project site is P-D (Planned Development). An Administrative Planned Development Permit is required for a change of use to an existing building within the P-D (Planned Development) zoning district. No exterior modifications to the building are proposed with this application. The existing three commercial buildings were approved with a total of 75 parking spaces under site approval PD 73-2. Based on the City's current parking requirements, one parking space is required for each 200 square feet of gross floor area for retail uses. The proposed project generates a parking demand of 15 spaces and 79 spaces are required for the total site. The applicant has identified 71 standard parking spaces and four accessible parking spaces for a total of 75 parking spaces on the site plan. The change in use from a retail store/service center to a retail store with an adult novelty component will not intensify the site or parking demand and does not require additional parking. USE The proposed project is a retail store with an adult novelty component. The applicant's written statement indicates that the store will consist of a variety of clothing, belts, lingerie, shoes, jewelry, posters, candles, bath oils, incense, and other gifts. The rear portion of the store will be used as an adult novelty section that will only be accessible and viewable by persons 18 years of age or older. Attachments: 1. Findings for Approval of PLN2006-68 2. Conditions of Approval for PLN2006-68 3. Project Plans 4. Applicant's Written Statement preparedbY:~~ Minda M. Denis, Planner I Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2006-68 SITE ADDRESS: APPLICANT: DATE: 841 W. Hamilton Avenue Phil and Judy Marcus on behalf of Pandoras Box July 7, 2006 Findings for approval of an Administrative Planned Development Permit to allow the establishment of a retail store with an adult novelty component in an existing commercial building located at 841 W. Hamilton Avenue. The Community Development Director finds as follows with regard to File No. PLN2006-68: 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 West Hamilton Avenue between Darryl Drive and Marathon Drive. The project site is surrounded by commercial uses to the north, south, east, and west. 4. The proposed project generates a parking demand of 15 parking spaces and the applicant has identified 71 standard parking spaces and four accessible parking spaces for a total of 75 parking spaces on the site plan 5. The change in use from a retail store/service center to a retail store with an adult novelty component will not intensify the site or parking demand and does not require additional parking. 6. The subject building is currently developed with three, single-story, multi-tenant commercial buildings constructed in approximately 1973 under a Planned Development Permit (PD 73-2), adopted on June 25, 1973 by Ordinance No. 896. The proposed tenant space will occupy 2,840 square feet of Building 3. 7. 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). -, Attachment #1 Page 2 of 2 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 proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed 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. PLN2006-68 SITE ADDRESS: APPLICANT: DATE: 841 W. Hamilton Avenue Phil and Judy Marcus on behalf of Pandoras Box July 7, 2006 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: I. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2006-68) for the establishment of a retail store with an adult novelty component in an existing commercial building located at 841 W. Hamilton A venue. Project shall substantially conform to the project plans stamped as received by the Community Development Department on June 9,2006, 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 (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 6 a.m. to 11 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 70 standard parking spaces and three accessible 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. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Section 21.18.060 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. 9. 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 Sign Ordinance. 10. Compliance with Other Regulations: The applicant shall comply with other state, county, and city ordinances that pertain to the proposed project and where they are conducted. Building Division: 11. Permits Required: A building permit application shall be required for the proposed tenant improvement to the (e) commercial space. 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. 13. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 14. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for Attachment #2 Page 3 of 4 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. 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. 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 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 Attachment #2 Page 4 of 4 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. POLICE DEPARTMENT 23. The applicant shall agree to abide by all applicable laws. 24. Adult entertainment is not permitted on the premises at any time. 25. The adult novelty section within the retail store shall be clearly identified, marked, and a sign posted, stating that no one under 18 years of age is allowed to enter. 26. A solid door, opaque curtain, or other site obscuring material shall be installed to separate the adult novelty section within the retail store and shall remain closed at all times. The items and content within the adult novelty section shall not be visible at any time outside of the adult novelty section. 27. All adult material shall be displayed in a manner that is not visible to any persons under 18 years of age.