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Use Permit-Smoothie Cafe-2003 o~' ca~/~. r"' CITY oF CAMPBELL Community Development Department CAMPBELL May 28, 2003 Russ Smith 3942 Paladin Drive San Jose, CA 95124-3718 Re: PLN2003-62- 621 E. Campbell Avenue - Use Permit - Smoothie Cafe Dear Applicant: Please be advised that at its meeting of June 10, 2003, the Planning Commission adopted Resolution No. 3501 approving a Conditional Use Permit to allow the establishment of a 900 square foot smoothie caf6 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, June 20, 2003. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Geoff I. Bradley ./ Senior Planner Cc: Lynn Penoyer, Public Works Frank Mills, Building Chris Veargason, County Fire 70 North First Street - Campbell, California 95OO8-1436 - TEL 408.866.2140 - tAX 408.871.5140 - ~r)D 408.866.2790 RESOLUTION NO. 3501 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2003-62) TO ALLOW THE ESTABLISHMENT OF A 900 SQUARE FOOT SMOOTHIE CAFI~ IN AN EXISTING BUILDING OWNED BY A/H HICKS 2003 TRUST LOCATED AT 621 E CAMPBELL AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO. PLN2003-62. 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 PLN2003-62: 1. The proposed smoothie caf~ is consistent with the Central Commercial land use designation of the General Plan and the P-D (Planned Development) Zoning District. 2. The proposed project is compatible with the Downtown Development Plan. 3. The project site consists of a 1.54 acre lot, developed with 20,500 square feet of building area, 5,658 square feet of landscaping, and 40,952 square feet of paving. 4. The existing 131 parking spaces will adequately address the parking needs of the subject site and proposed use. 5. The subject property is currently developed with a four-building 20,500 square foot medical and dental office complex constructed in 1964 under a Site and Architectural Review Permit (S 64-33). 6. The project site is surrounded by commercial uses on the east and west sides, single-family residential uses to the north and Campbell Park to the south. 7. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 8. 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 Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. Planning Commission Resolution No. 3501 PLN2003-62 -- 621 E. Campbell Avenue-Use Permit - Smoothie Cafe Page 2 The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 3. The proposed commercial use is compatible with the uses in the area. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 6. The proposed project will aid in the enhancement and the harmonious development of the immediate area. o 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. 8. 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 Conditional Use Permit (PLN2003-62) to allow the establishment of a 900 square foot smoothie caf6 in an existing building on property owned by A/II Hicks 2003 Trust located at 621 E. Campbell Avenue, 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: Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-62) to allow the establishment of a 900 square foot smoothie caf6 in an existing building at 621 E. Campbell Avenue. Project approval shall substantially comply with project plans received Planning Commission Resoi~.on No. 3501 PLN2003-62 -- 621 E. Campbell Avenue- Use Permit - Smoothie Cafe Page 3 by the Planning Division on May 8, 2003 prepared by Robert Aviles Design except as may be modified by the conditions of approval herein. Conditional Use Permit Approval Expiration: The Conditional Use Permit 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 the conditions of approval satisfied. Failure to meet this expiration date will result in the Conditional Use Permit being void. o 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 Permit by the Planning Commission. Building Details: The applicant shall submit detailed building elevations depicting architectural details, window styles and trim details, and exterior door details. The elevations and details shall be reviewed and approved by the Community Development Director prior to the issuance of a building permit. o Mechanical Equipment: No new or relocated ground level mechanical equipment shall be located on or adjacent to the building without providing screening of the mechanical equipment from public view. The applicant shall submit details regarding the location and screening material for the mechanical equipment to the Planning Division for review and approval by the Community Development Director prior to the issuance of a building permit for the installation or relocation of such equipment. ° Sign Permit: 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 and Chapter 21.26 of the Campbell Municipal Code. ° On-Site Lighting: Any proposed new on-site lighting shall be shielded away from East Campbell Avenue 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. Building Division: o Permits Required: A building permit application shall be required for the proposed tenant improvements to the existing structure. The building permit shall include Electrical/ Plumbing/Mechanical fees when such work is part of the permit. 9. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Planning Commission Reso~[uuon No. 3501 PLN2003-62 -- 621 E. Campbell Avenue- Use Permit - Smoothie Cafe Page 4 10. Size of Plans: The size of construction plans submitted for building permits shall be 24 in. X 36 in. 11. 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. 12. Site Plan: Application for building permit shall include a competent site plan that identifies property lines 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. 13. 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. 14. 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. 15. Pollution Prevention: 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 in. X 36 in.) is available at the Building Division service counter. 16. 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. 17. 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. 18. Address: The applicant shall obtain a new address for the tenant space prior to the issuance of building permits. 19. P.G.&E.: The applicant is advised to contact P.G.&E. 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. The applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. Planning Commission Reso~,.,on No. 3501 PLN2003-62 -- 621 E. Campbell Avenue-Use Permit- Smoothie Cafe Page 5 20. 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 c. Bay Area Air Quality Management District d. Santa Clara County Department of Environmental Health PASSED AND ADOPTED this 10th day of June, 2003, by the following roll call vote: AYES: Commissioners: Alderete, Doofley, Francois, and Rocha NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None Gibbons, Hemandez, Jones APPROVED: Joseph Hemandez, Chair ATTEST: Sharon Fierro, Secretary ITEM NO. 3 STAFF REPORT - PLANNING COMMISSION MEETING OF JUNE 10, 2003 PLN2003-62 Smith, R. Public Hearing to consider the application of Mr. Russ Smith for a Conditional Use Permit (PLN2003-62) to allow the establishment of a 900 square foot smoothie caf6 in an existing building on property owned by A/H Hicks 2003 Trust located at 621 E. Campbell Avenue in the P-D (Planned Development) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to allow the establishment of a 900 square foot smoothie caf6 in an existing building, subject to the attached conditions of approval. ENVIRONMENTAL 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 to existing private structures. PROJECT DATA Net Lot Area: 67,110 sq. ft. (1.54 acres) Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 20,500 sq. ft. (30.5%) 5,658 sq. ft. (8.4%) 40,952 sq. ft. (61.1%) Floor Area Ratio: 0.31 Seating Capacity: 12 max. seats Parking Required*: 93 spaces (Office @ 1:225- 20,900 sq. ft.) 9 spaces (Pharmacy @ 1:200- 1,759 sq. ft) 4 spaces (Caf6 @ 1:3 seats- 12 seats) 106 spaces Provided: 131 spaces (4 disabled, 127 regular) *Based on entire Greylands complex, including the building at 653 E. Campbell Avenue Surrounding Uses: North: Single-family Residential South: Campbell Park East: Hotel West: Commercial Staff Report -- Planning Commission Meeting of June 10, 2003 PLN2003-62 -- 621 E. Campbell Avenue Page 2 of 3 DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow the establishment of a 900 square foot smoothie caf6 in an existing building at 621 East Campbell Avenue. Background: The project site is commonly referred to as the Greylands office complex located on East Campbell Avenue across from Campbell Park. The subject property is currently developed with a four-building 20,500 square foot medical and dental office complex constructed in 1964 under a Site and Architectural Review Permit (S 64-33). The tenant space is located adjacent to East Campbell Avenue. The site is surrounded by commercial uses on the east and west sides, single-family residential uses to the north and Campbell Park lot to the south. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Central Commercial. The proposed use is consistent with this land use designation. The proposed project complies with the following General Plan policies and strategies: Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment. Strategy LUT-7.2n: Consistency with Plans; Ensure that new development and substantial remodeling projects are consistent with Specific Plans, Area Plans, City Standard Details and adopted Streetscape Standards to create cohesive design. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-10.1c: Outdoor Common Areas: Encourage well-designed and landscaped outdoor common areas for eating, relaxing or recreation for new projects, and if feasible, when buildings are remodeled or expanded. When possible, the common outdoor areas should adjoin natural features. Strategy LUT-19.1a: Mix of Uses: Encourage a compatible mix of uses (i.e. professional offices, services and retail uses) with ground floor retail uses. Strategy LUT-19.1b: Pedestrian-Orientation: Reinforce East Campbell Avenue as a pedestrian-oriented retail street. Zoning Designation: The zoning designation for the project site is P-D (Planned Development). A Conditional Use Permit is required for a change in use in an existing building within the P-D (Planned Development) zoning district. The proposed caf6 is an appropriate use for this location, as conditioned. The proposed project will be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Staff Report -- Planning Commission Meeting of June 10, 2003 PLN2003-62 -- 621 E. Campbell Avenue Page 3 of 3 Downtown Development Plan: The project site is located within an area subject to the Downtown Development Plan that includes policies for development within Downtown Campbell. These policies encourage the improvement of existing properties and encourage new development compatible in scale with existing development. The proposed project complies with the policies of the Plan by incorporating faffade improvements to create a pedestrian- oriented entrance facing onto East Campbell Avenue. Site Layout and Architecture: The existing site layout would not be altered as part of the tenant improvement. Currently the entrance is located off the parking lot and the applicant is proposing a minor architectural change to add an entrance and new window on East Campbell Avenue in order to provide access to the caf6 from the sidewalk. The project would enhance the appearance of the faffade along East Campbell Avenue. Parking: The entire Greylands complex, including the parking lot of the east side of Poplar Avenue, provides 131 parking spaces. Up to twelve non-fixed seats would be provided at the cafe, but most of the business is anticipated to be take-out. The total amount of parking spaces required for the existing office space and pharmacy and proposed caf6 would be 106, which falls well below the 131 spaces that are currently provided. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of May 27, 2003. The Committee was supportive of the project as proposed but wanted to add a condition ensuring that there would be adequate screening of the relocated air conditioner in the front of the building. SARC also requested that the applicant provide staff with detailed building elevations depicting architectural details, window styles and trim details, and exterior door details prior to the issuance of a building permit. A condition of approval requiring this has been added. SARC also asked for an exhibit that depicts an approximate location of the new signage, which is attached. Attachments: 1. Findings for Approval of File No. PLN2003-62 2. Conditions of Approval for File No. PLN2003-62 3. Letter of Description from Mr. Russ Smith 4. Exhibits 5. Location Map Prepared by: Approved by: Darcy Smi?h, Planner G~/off I. BradleySenior el2nn~ Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2003-62 SITE ADDRESS: 621 E. Campbell Avenue APPLICANT: Russ Smith P.C. MEETING: June 10, 2003 Findings for approval of a Conditional Use Permit to allow the establishment of a 900 square foot smoothie caf6 in an existing building at 621 E. Campbell Avenue. The Planning Commission finds as follows with regard to project number PLN2003-62: 1. The proposed smoothie caf6 is consistent with the Central Commercial land use designation of the General Plan and the P-D (Planned Development) Zoning District. 2. The proposed project is compatible with the Downtown Development Plan. 3. The project site consists of a 1.54 acre lot, developed with 20,500 square feet of building area, 5,658 square feet of landscaping, and 40,952 square feet of paving. 4. The existing 131 parking spaces will adequately address the parking needs of the subject site and proposed use. o The subject property is currently developed with a four-building 20,500 square foot medical and dental office complex constructed in 1964 under a Site and Architectural Review Permit (S 64-33). 6. The project site is surrounded by commercial uses on the east and west sides, single-family residential uses to the north and Campbell Park to the south. 7. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 8. 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 Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 3. The proposed commercial use is compatible with the uses in the area. Findings for Approval -- Planning Commission Meeting of June 10, 2003 PLN2003-62- 621 E. Campbell Avenue Attachment #1 Page 2 of 2 o o The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 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. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment 4/2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2003-62 SITE ADDRESS: APPLICANT: P.C. MEETING: 621 E. Campbell Avenue Russ Smith June 10, 2003 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: Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-62) to allow the establishment of a 900 square foot smoothie caf6 in an existing building at 621 E. Campbell Avenue. Project approval shall substantially comply with project plans received by the Planning Division on May 8, 2003 prepared by Robert Aviles Design except as may be modified by the conditions of approval herein. Conditional Use Permit Approval Expiration: The Conditional Use Permit 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 the conditions of approval satisfied. Failure to meet this expiration date will result in the Conditional Use Permit being void. o 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 Permit by the Planning Commission. Building Details: The applicant shall submit detailed building elevations depicting architectural details, window styles and trim details, and exterior door details. The elevations and details shall be reviewed and approved by the Community Development Director prior to the issuance of a building permit. o Mechanical Equipment: No new or relocated ground level mechanical equipment shall be located on or adjacent to the building without providing screening of the mechanical equipment from public view. The applicant shall submit details regarding the location and screening material for the mechanical equipment to the Planning Division for review and approval by the Community Development Director prior to the issuance of a building permit for the installation or relocation of such equipment. Conditions of Approval PLN2003-62 -- 621 E. Campbell Avenue Attachment//2 Page 2 of 3 Sign Permit: 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 and Chapter 21.26 of the Campbell Municipal Code. On-Site Lighting: Any proposed new on-site lighting shall be shielded away from East Campbell Avenue 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. Building Division: Permits Required: A building permit application shall be required for the proposed tenant improvements to the existing structure. The building permit shall include Electrical/ Plumbing/Mechanical fees when such work is part of the permit. 9. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 10. Size of Plans: The size of construction plans submitted for building permits shall be 24 in. × 36 in. 11. 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. 12. Site Plan: Application for building permit shall include a competent site plan that identifies property lines 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. 13. 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. 14. 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. 15. Pollution Prevention: 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 in. X 36 in.) is available at the Building Division service counter. Conditions of Approval PLN2003-62 -- 621 E. Campbell Avenue Attachment 4/2 Page 3 of 3 16. 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. 17. 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. 18. Address: The applicant shall obtain a new address for the tenant space prior to the issuance of building permits. 19. P.G.&E.: The applicant is advised to contact P.G.&E. 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. The applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. 20. 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 c. Bay Area Air Quality Management District d. Santa Clara County Department of Environmental Health Attachment #3 May9,2003 ww . R ussmooth ies. com City of Campbell 70 North First Street Campbell, CA 95008-1436 I currently own the very first "100% Certified ORGANIC Smoothie Business" in the whole Bay Area (possibly all California and nation too). I now professionally serve the public in the Campbell Farmers' Market only, with a Health Department permit to utilize Andy's BBQ for this specific purpose. Since the beginning of this year I have been hoping to start my first independent" smoothie cafe location" in Campbell, CA. This would be so nice to see "Campbell, CA" go down in history as to having the very first one like this...before Los G-atos, Saratoga, Mt. View, Palo Alto, San Jose, etc. Once I do open, I also plan to provide other "totally healthy" items like "Organic Soupies" and "smoothie-pops" for the kids too. The space of this proposed restaurant is at 621 E. Campbell Ave. It is about 900 sq. ft. The architectural drawings express further details. I plan to have about 12 employees total, plus myself with much overtime, but only two or three working at a time. The projected store hours will be 7:30 AM to 10 PM (S-F) during the summer especially, mostly depending upon customer interests, business success, and needs. As you can see on our drawings, the adjacent commercial uses are some retails spaces and the Campbell Park...with plenty of paved parking available too. As you may know, there use to be a commercial juice bar in this same zoning area a while back. To also express just how important this is to others, below is a brief list of the "other benefits" that Campbell residents and visitors would gain by the opening of the proposed location as I wish: · Campbell Park across the street does not have adequate filtered water and healthy fruit & veggie drinks to supply daily "dehydrated" and "raw nutrient deficient" people over there (basketball players, exercise trail enthusiasts, Team & Training workouts, parents & children on the playground, and other visitors). Most people do not gage themselves perfectly; therefore, this creates a liability health risk.., especially during hot weather and heat waves ahead. · Campbell Park also provides handicapped parking, only a few yards away with a safe crosswalk in between, in addition to the spaces that I can provide for this location. · I also plan to build a very safe and compliant ramp in the front of the building, as well as remodel the restrooms-- -as wheelchair friendly as possible. I would also like to provide labor opportunities for wheelchair employee potential (i.e. custom low counter spaces). · Thanks to my involvement in the Campbell Farmer's Market over the past two months (on Sundays), MANY MANY Campbell residents and "park athletes" are EAGERLY awaiting the opening of"Organic Russmoothies" in this proposed area (including editors in the local Campbell Press newspaper). Sincerely and respectfully, Russ Smith * Owner . 408-507-4029 Russmoothiesg~.aol.eom Proposed Location: 579 E. Campbell Ave. * Campbell, CA 95008 CITY OF CAMPBELL Community Development Department CAMPBELL May 30, 2003 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, June 10, 2003, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. Russ Smith for a Conditional Use Permit (PLN2003-62) to allow the establishment of a 900 square foot smoothie caf6 in an existing building on property owned by A/H Hicks 2003 Trust located at 621 E. Campbell Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Interested persons may appear and be heard at this heating. Please be advised that if you challenge the nature of the above project 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 Heating. 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 CAMPBEIJ~ SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2003-62 Address: 621 E. Campbell Avenue 70 North First Street · Campbell, California 95OO8-1436 · VEL 408.866.2140 . FAX 408.871.5140 · ri)l) 408.866.2790 CITY ov CAMPBELL Community Development Department CAMPBELL May 23, 2003 Re: PLN2003-62 - 621 E. Campbell Avenue - Use Permit Dear Applicant: Please be advised that the above-referenced application has been scheduled for the following meetings: Site and Architectural Review Committee Meeting Date: Tuesday, May 27, 2003 Time: 7:00 p.m. Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell Planning Commission Meeting Date: Tuesday, June 10, 2003 Time: 7:30 p.m. Location: City Hall Council Chambers, 70 N. First Street, Campbell Should you have any questions or comments, please do not hesitate to contact me at (408) 866- 2140. Sincerely, Darcy SC~h Planner 1~ CC: Russ Smith (Applicant) 3952 Paladin Drive San Jose, CA 95124-3718 AJI-I Hicks 2003 Trust (Property Owners) 2805 Pleasant Valley Road Aptos, CA 95003 70 North First Street · Campbell, California 95008-1436 · 'I[~L 408.866.2140 · FAX 408.871.5140 · rl)D 408.866.2790 City of Campbell -- Community Development Department 70 N. First Street~ Campbell~ CA 95008 To: Site and Architectural Review Committee From: Darcy Smith, Planner I~.~, Subject: PLN 2003-62 -- 621 E. Campbell Avenue (Smoothie Cafe) Date: May 21, 2003 Proposal The applicant is requesting approval of a Conditional Use Permit to allow the establishment of a 900 square foot smoothie caf6 in an existing building at 621 East Campbell Avenue. The project site is commonly referred to as the Greylands office complex located on East Campbell Avenue across from Campbell Park. The subject property was developed with a four-building 20,500 square foot medical and dental office complex in 1964. The tenant space is located adjacent to East Campbell Avenue. Zoning/General Plan The project site is located in a P-D (Planned Development) Zoning District. The General Plan designation is Central Commercial. The proposed project is an establishment of a new use in an existing building that requires approval of a Conditional Use Permit. Site Layout and Architecture: The existing site layout would not be altered as part of the tenant improvement. Currently the entrance is located off the parking lot and the applicant is proposing a minor architectural change to add an entrance off of Campbell Avenue in order to provide access from the sidewalk. Parking: The original Site and Architectural Review Permit for the office complex in 1964 approved 56 off-site parking spaces in a lot along Poplar Avenue. The main parking lot includes 75 spaces. Up to twelve non-fixed seats would be provided at the cafe, but most of the business is anticipated to be take-out. The total amount of parking spaces required for the existing office and pharmacy and proposed caf6 would be 106, which fall well below the 131 spaces that are currently provided. Required: 93 spaces (Office @ 1:225- 20,900 sq. ft.) 9 spaces (Pharmacy @ 1:200- 1,759 sq. ft) 4 spaces (Caf6 @ 1:3 seats- 12 seats) 106 spaces Provided: 131 spaces (4 disabled, 127 regular) Staff Analysis: Staff is supportive of the proposed project and finds that it would enhance the appearance of the faqade along East Campbell Avenue and establish an appropriate use for this location. Attachment: site plan, floor plan and elevations. O~ · t..9 · CITY o~ CAMPBELL Community Development Department CAMPBELL April 29, 2003 Russ Smith 3942 Paladin Dr San Jose, CA 95124 Re: Pre-Application for Smoothie Cafe File No.: PRE2003-12 579 E. Campbell Avenue Dear Mr. Smith: Thank you for your preliminary application for the establishment of a smoothie cafe in an existing building located at 579 East Campbell Avenue. The site is located in the Planned Development zoning district and has a General Plan land use designation of Central Commercial. Currently the building is only approved for use as a professional office, and is currently non-conforming with respect to current Zoning Code requirements such as parking, disabled parking and access, parking lot condition, vehicular access, and landscaping. Your proposed smoothie caf6 is not currently a permitted use at the subject site and would require approval of a Conditional Use Permit by the Planning Commission. In reviewing a Conditional Use Permit application, planning staff and the Planning Commission will evaluate such issues as traffic generation, noise, hours of operation, adequacy of parking, disabled access, and overall compatibility of the use with adjoining properties. The site and building would be required to meet all applicable regulations of the Zoning and Building Code. Based on the plans you submitted, it appears that is would be extremely difficult to meet these requirements based on issues related to parking and access. Parking and Lot Access Section 21.50.020 (D) of the Zoning Code requires all parking to be provided on the same site as the use. The Planning Commission may approve an off-site parking facility if it is within a reasonable distance and if adequate provisions are made to assure that the parking facility is under the control of the owner of the project site during the life of the use. However, staff is not supportive of your proposal to use parking spaces and the driveway of the adjacent residential parcels to meet the requirements for the subject use. Furthermore, the proposed location of the disabled parking space is not appropriate because disabled accessways cannot be across paths of travel such as driveways or aisles. The disabled space must be located at the rear of the building. 70 North First Street · Campbell, California 95008-1436 - TEl 408.866.2 140 · FAX 408.871 .5 140 · TDD 408.866.2790 PRE2003-12 ~ 579 E. Car,.~_ .~eIl Avenue Page 2 of ?. The minimum parking stall size is eight feet wide and sixteen feet long for compact stalls and nine feet wide and twenty feet long for standard stalls. The total number of compact stalls on the site must not exceed forty percent of the total parking provided. Lastly, the driveway is not wide enough for two-way travel. It must be 20 feet wide. Hours o[ Operation Staff is concerned about potential adverse impacts from the caf~ use on adjacent residential uses. A location that does not abut residential uses would be more suitabl~ for this type of business. Landscaping Projects within the P-D zoning district are typically required to provide a minimum of ten percent of the net site area in landscaping and a four-foot landscaped area along abutting property lines. It appears that the minimum landscaping is not provided within the site area. Continuous landscape areas are required along the public street frontage and should include a mixture of tuff, groundcover, shrubs and trees. These comments are intended as preliminary only. Additional comments and requirements may be forthcoming. Please do not hesitate to contact me at (408) 866-2193 to discuss the application process and for further assistance with this project. I will be reviewing your preliminary application for the site at 621 E. Campbell Avenue and should have comments to you the week of May 12th. Sincerely, Darcy Smith Planner ll cc: GeoffBradley, Senior Planner R ussmooth ies. com April8,2003 City ofCampbdl 70NorthFir~ Street Campbell, CA95008-1436 Dear Matthew Jue: I currently own the very first "100% Certified ORGANIC Smoothie Business" in the whole Bay Area (possibly all California and nation too). I now professionally serve the public in the Campbell Farmers' Market only, with a Health Department permit to utilize Andy's BBQ for this specific purpose. Since the beginning of this year I have been hoping to start my first independent" restaurant location" at 579 E. Campbell, CA 95008. This would be so nice to see "Camp- bell, CA" go down in history as to having the very first one like this...before Los Gatos, Saratoga, Mt. View, Palo Alto, San Jose, etc. Once I do open somewhere, I also plan to provide other "totally healthy" items like "Organic Soupies" and "smoothie-pops" for the kids too. So far my architectural drawings have a "stamp" of inspection approval from the Department of Envi- ronmental Health. Now I am hoping to work with the City of Campbell in regard to "parking" for the handi- capped. I have now been told to submit this pre-application as my next step to proceed. The space of this proposed restaurant is 1,484 sq. ft. I plan to have about 12 employees, plus myself with much overtime, but only two or three at a time. The projected store hours will be 8 AM to 10 PM (S-F). As you can see on our drawings, the adjacent uses are some retails offices, the Campbell Park, and some residential homes. To also express just how important this is to others, below is a brief list of the "other benefits" that Campbell residents and visitors would gain by the opening of the proposed location as I wish: · Campbell Park across the street does not have adequate filtered water and healthy fruit & veggie drinks to supply daily "dehydrated" and "raw nutrient deficient" people over there (basketball players, exercise trail enthusiasts, parents & children on the playground, and other visitors). Most people do not gage themselves perfectly; therefore, this creates a health risk.., especially during hot weather and heat waves ahead. · Campbell Park also provides handicapped parking, only a few yards away with a safe crosswalk in between, in addition to the possible space that I can provide for this location. · I also plan to build a very safe and compliant ramp in the front of the building, as well as remodel the restrooms.., as wheelchair friendly as possible. I would also like to provide labor opportunities for wheelchair employee potential (i.e. custom low counter spaces). · Thanks to my involvement in the Campbell Farmer's Market over the past two months (on Sundays), MANY MANY Campbell residents and "park athletes" are EAGERLY awaiting the opening of"Organic Russmoothies" in this proposed location (including editors in the local Campbell Press newspaper). Sincerely and respectfully, Russ Smith' Owner ~4~ 408-507-4029 Russmoothies~aol.com Proposed Location: 579 E. Campbell Ave. * Campbell, CA 95008 County of Santa Clara Environmental Resources Agency Department of Environmental Health Consumer Protection Division 1555 Berger Drive, Suite 300 san Jose, California 95112-2716 (408) 918-3400 FAX (408) 258-5891 www. EHinfo.org March 28, 2003 Russmoothies Attention: Russ Smith 3942 Paladin Dr San lose CA 95124 PROJECT NUMBER: PROJECT NAME: PROJECT ADDRESS: SR0809431 RUSSf4OOTHZES 579 E CAHPBELL AV, CAf4PBELL Dear Mr. Smith, Plans for the above project have been reviewed and approved by this department. This approval shall expire by limitation and will become null and void if the construction, reconstruction, alteration, or other work authorized by this approval is not commenced within 180 days from the date of approval. Please notify this office when construction begins. Please present two (2) copies of the plans to your local building official for the required permit application and approval. Please retain the third copy on the job site. A FOOD ¢OIVSTRI. IeTZOIV CARD will be attached to the job copy and must be posted with the other building permits. Please be advised that you are responsible to contact this office to arrange a construction inspection before rough plumbing signoff, installation of equipment, and again upon completion of the project. Absolutely no food storage or food preparation will be allowed onsite until the department issues a Permit to Operate. This permit will be issued upon the successful conclusion of our final construction inspection. You will also be asked to submit a performance test of the mechanical exhaust system, if one/s present and verification of garbage collection before the issuance of the Permit to Operate. The food establishment will be required to have either the owner or an employee successfully pass an approved and accredited food safety certification examination. This certification must be obtained within sixty (60) days after your Permit to Operate is obtained. Contact this department for more information. Tf you have any further questions or would like to call for an inspection appointment please contact the undersigned at (408) 9:[8-3400 between 8:00 a.m. and 9:30 a.m. Monday through Friday. Very truly yours, Can Van Thai, REHS Senior Environmental Health Specialist Plan Review and Construction Unit cc: City of Campbell Building Department Board of Supervisors: Donald F. Gage, Blanca Aivarado, Pete McHugh, James T. Beall, Jr.. Liz Kniss ' County Executive: Richard Wittenberg 8-019